Terms of Use
Welcome to Tendermind applications (“Tendermind Applications”) and website (the “Website”, and together with Tendermind Applications, the “Application”). Please read these Terms of Use carefully so that you are aware of your legal rights and obligations with respect to Tendermind Ltd. and its Affiliates (hereinafter, collectively, the “Company”, ״we״, ״our״ or ״us״). By accessing or using our Application, you represent that you are of legal age in your place of residency and that you are legally competent to be legally bound by these Terms of Use (the “Terms”). In case you don’t meet the abovementioned conditions, you must have your parent’s or legal guardian’s permission to access and use the Application. If you are a parent or legal guardian, and you allow your child or person under your legal authority to register to, access, and to use the Application, then these Terms apply to you, and you are responsible for your child’s or person under your legal authority’s activity in the Application. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by the Terms please do not access or use the Application.
“Affiliates” with respect to a certain entity, are companies that are controlled by, under common control with, or controlling, the entity.
1. Background. The Application offers a system that enables parents, caregivers, educators, therapists, and others responsible for or working with people with special needs to organize the daily routines, schedules, and tasks of the special needs person under their care as well as assist them with managing unplanned schedule changes and transitions between activities. The Application may consist of several applications and / or interfaces for different Users (defined below). We may add additional features from time to time without prior notice. We also provide various support and service activities related to the Application.
2. Use of The Application.
2.1. To use the Applications, an Owner (defined below) must register and create an account ("Account") using the account creation mechanism provided in the Application.
2.2. The Application can be used either by (i) the Application end-users, namely the person with special needs ("End-User"), (ii) the Account owners, namely the parent, caregiver, or other person who sets up the Account and administers it (“Owner”), (iii) Admins, namely Account users given Account administrative permissions by the Owner, such as another parent, guardian, or caregiver, (“Admin”) or (iv) creators, namely trusted third-party Account users given data editing permission by the Owner or by an Admin in relation to one or more End-Users (“Creator”) (End-User, Owner, Admin, Creator, collectively "User/s"; and also "You" and “Your”).
2.3. Following creation of the Account, the Owner should create at least one End-User profile. The End-User profile contains all the settings and data related and applied to an End-User (“End-User Profile”). The Owner may also create and invite other types of Users (defined above in Section 2.2) to be Admins or Creators of End-User Profiles it has created.
2.4. By default, all Users have permission to view the content uploaded by other Users to the End-User Profile they are authorized to view and/or edit. The Application may allow the Owner or Admin to set different viewing and / or editing rights for different Users and in relation to different End-User Profiles.
2.5. Reception of notifications sent by the Application to the End-User can only be seen by the End User if the Application is open on their device, which could be a cellphone, a smart watch, a digital tablet, or a computer (the “Device”). For the End-User Application to receive updates, the End-User’s Device needs to be connected to the internet. The End-User’s Application can work whilst their Device is not connected to the Internet but for the best experience, we recommend continuous connectivity of the Device to the Internet to ensure ongoing and timely receipt of updates programmed by the Account Users.
3. Permitted Uses. You may only use the Application as-is, in accordance with the functionality available and as made available by the Company, and in accordance with and subject to the Terms. You are allowed to download and install a copy of the Application on Your Device that is compatible with the Application through the application store available to you on Your Device. You may also access Your Account and / or Your data using a compatible web browser through the Website, if such an access option is made available by the Company. You may only make personal, non-commercial use of the Application. The owner of the Application remains the Company, and the rights you are granted here to use the Application do not include any interest or right of title in the Application.
4. Account. Creating an Account. When creating Your Account, You must provide accurate and complete information about yourself, and about the person or persons under Your care, the End-User/s. You are solely liable and responsible for the activity that occurs in Your Account, and You must keep Your Account password secure. Without derogating from the generality of the foregoing, You are solely responsible for the activity that occurs on Your Account, conducted by any of the Account Users, that harms or causes any kind of damage to other Users or third parties. You must notify the Company immediately of any breach of security or unauthorized use of Your Account. If you wish to delete Your Account, You may use the Delete Account feature in the Application or send an email request to us at accounts@tendermind.ai.
5. Restrictions on use (things You are not allowed to do). You are not allowed in any way to do any of the following (and You are also not allowed to let or solicit anyone else do any of the following): (1) copy, reproduce, republish, frame, transmit, modify, display, reverse engineer, decompile, disassemble, sell, rent, lease, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, the Application Materials (defined below); (2) Use the Application or Application Materials for any commercial purpose, or for any public use, except as and to the extent expressly permitted by the Company; (3) Remove any copyright or other proprietary notations from the Application Materials; (4) Transfer the Application Materials to another person or machine other than as is necessary for use of the Application in its intended and normal way; (5) disrupt servers or networks connected to the Application (6) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Application; and/or (7) circumvent, disable or otherwise interfere with security-related features of the Application or features that prevent or restrict use of any Content or that enforce limitations on use of the Application. If You use the Application in violation of these Terms, the Company may terminate Your use of it, at any time and without prior notice.
The Picture Communication Symbols (“PCS”) accessed through the Application and that form part of the Application Materials may not be used to create materials in print or electronic form, whether for communication or instruction, except by You in conjunction with Your own use of the Application. You may not rent, lease, or lend PCS symbols, or provide them to any online service or commercial hosting services. You may not sublicense, assign or transfer any rights to the PCS, or authorize all or any portion of the PCS to which You have access to be copied onto any computer or other device.
6. Intellectual Property. The code of the Application (both in human and machine readable forms) and its design (the “Code”), and all of the content contained in the Application, excluding User-Generated Content (defined below), which includes the Applications’ design (functional, graphic, UX and UI), logos, text, graphics, images, illustrations, designs, icons, Picture Communication Symbols ("PCS"), photographs, video clips, audio, and other content materials (collectively, the "Content") are protected by patents, copyrights, trademarks, trade secrets and/or any other intellectual property rights under any applicable laws. The Code and the Content together form the Application Materials. All intellectual property rights in the Application Materials, are owned by the Company (or licensed to the Company by third parties who own those rights). The Company does not grant to You any express or implied rights to use the Application Materials, other than as expressly allowed under the section “Permitted Uses”.
“User-Generated Content” means the content that You or other Account Users upload into the Account and or the Application including, but not limited to, text, images, photos, and sound. You confirm that you have legal authority and rights including under any applicable copyright laws to use User-Generated Content that You upload into Your Account and / or the Application. The Company does not acquire intellectual property rights in User-Generated Content but is allowed to store, maintain, and present it to Users as part of the Application’s functionality.
7. Disclaimer. The Application is provided as is. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any promises or representations that using the Application will lead to certain results or achievements, and Company disclaims any warranties, express or implied, relating to any such outcomes.
The Application is not a medical application and has not been approved or vetted by any medical authority or regulatory agency. The use of the Application by You and/or for any person under Your care is at Your sole and absolute responsibility.
Company does not guarantee that the Application will be free of bugs, security breaches, or virus attacks. The Application may occasionally be unavailable for routine maintenance, upgrading, or other reasons. You agree that Company will not be held responsible for any consequences to You or any third party that may result from technical problems of the internet, slow connections, traffic congestion or overload of our or other servers. We do not warrant, endorse, or guarantee any content, product, or service that is featured or advertised on the Application by a third party.
8. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMPANY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU, TO ANY PERSON UNDER YOUR CARE OR TO ANY OTHER PERSON FOR (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING IF ARISING FROM INJURY OR ANY OTHER HEALTH SITUATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE APPLICATION, OR (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE APPLICATION EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO COMPANY FOR USING THE APPLICATION DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM. SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
9. Medical Disclaimer. The information and Content in this Application is for informational purposes only. No information or Content in this Application or use of the Application is intended to be a substitute for professional medical advice, diagnosis, or treatment. The Application is not a medical application and has not been approved or vetted by any medical authority or regulatory agency. Always seek the advice of Your physician or other qualified health care provider with any questions You may have regarding a medical condition or treatment and before undertaking a new health care regimen or practice, and never disregard professional medical advice or delay in seeking it because of Your use of the Application or something You have read in this Application. If You choose to rely on any information or Content provided by the Application, You do so solely at Your own risk.
10. Terms applicable to users downloading the Application via the Apple App Store. These Terms apply only to Your use of the Application if you obtained it via the Apple, Inc. (“Apple”) App Store:
10.1. Both You and the Company acknowledge that these Terms are concluded between You and the Company only, and not with Apple, and that Apple is not responsible for the Application or the Content;
10.2. The Application is licensed to You on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, for Your private, personal, non-commercial use, subject to all the terms and conditions of these Terms; to use the Application on any Apple-branded Products that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service;
10.3. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
10.4. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, You may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to You will be to refund to You the purchase price, if any, of the Application; Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will not be Apple’s responsibility;
10.5. Company and You acknowledge that Company, not Apple, is responsible for addressing any claims of Yours or any third party relating to the Application or Your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation;
10.6. You acknowledge and agree that, in the event of any third-party claim that the Application or Your possession and use of the Application infringes that third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement and discharge of any such infringement claim;
10.7. You represent and warrant that You are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that You are not listed on any U.S. Government list of prohibited or restricted parties;
10.8. Both you and the Company acknowledge and agree that, in Your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
10.9. Both you and the Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
11. Terms applicable to users downloading the Application via Google Play. These Terms apply only to Your use of the Application if you obtained it via Google Play:
11.1. Depending on Your location, in this Section Google means Google LLC, Google Ireland Limited, Google Commerce Limited, or Google Asia Pacific Pte. Limited.
11.2. Both You and the Company acknowledge that these Terms are concluded between You and the Company only, and not with Google, and that Google is not responsible for the Application or Content;
11.3. The Application is licensed to You on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, for Your private, personal, non-commercial use, subject to all the terms and conditions of these Terms; to use the Application on any Android-operated device that You own or control and that allows applications to be downloaded from Google Play and as permitted by the Usage Rules set forth in Google Play;
11.4. You acknowledge and agree that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
11.5. Company and You acknowledge that Company, not Google, is responsible for addressing any claims of Yours or any third party relating to the Application or Your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation; and
11.6. You represent and warrant that You are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that You are not listed on any U.S. Government list of prohibited or restricted parties.
12. Subscription and Fees.
12.1. Whilst the Tendermind Applications are in pilot or beta release stage, use of the Tendermind Applications is free. Sections 12.2 to 12.4 shall apply once the Tendermind Applications are commercially released.
12.2. Use of the Tendermind Applications is provided subject to the payment of a subscription fee for each End-User Profile registered to an Account and under the payment terms as specified on the Website.
12.3. A free trial period may be available to new Accounts for all End-User Profiles created on the Account during the free trial period.
12.4. A free or reduced subscription code may be available to you through your local education, or welfare government office or organization, healthcare insurer, or through other organizations that have partnered with the Company (“Subscription Code”). If you have obtained a Subscription Code, you can use it on your Account page on the Website to reduce or remove the cost of the subscription. Each Subscription Code is personal and can only be used for a single End-User Profile.
12.5. The rates and payment terms may be changed by the Company from time to time, at its sole discretion. In such event the Company will notify you about the change by publishing a notice on the Website and by direct communication to existing subscribers.
13. Application Changes and Modifications. Company will make reasonable efforts to keep the Application operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Company may at its discretion, or because of technical, security, or legal or regulatory reasons, from time to time change the Application or Application Materials without any notice, provided however that it shall maintain a consistent level of functionality and benefit as reasonably expected from the Application.
14. Terms Modifications. Company may revise these Terms at any time and notification thereof shall be provided on the Website and in accordance with Your mobile app store policies.
15. Privacy. Our Privacy Policy is an integral part of these Terms, and it describes how we process and use Your personal data.
16. Term and Termination. These Terms are effective until terminated by Company or You. The Company, in its sole discretion, has the right to terminate these Terms and/or Your access to the Application, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). The Company shall not be liable to You or any third party for termination of the Application, or any part thereof. If You object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Application in any way, Your only recourse is to immediately discontinue use of the Application. Upon termination of these Terms, You shall cease all use of the Application.
You may, at any time, request to terminate Your User or Account by using the Delete Account feature in the Application or contacting us at account@tendermind.ai. Please note that merely uninstalling the Application won't delete Your User or Account and its details.
Upon termination of these Terms, of Your User or Account, for any reason, Your right to use the Application and the services we provide is terminated and you must immediately cease using the Application; and we will not be liable to You for termination of access to the Application.
17. Independent Contractors. You and the Company are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between You and the Company. You must not under any circumstances make, or undertake, any warranties, representations, commitments, or obligations on behalf of the Company.
18. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You but may be assigned by the Company without restriction or notification to You.
19. Governing Law. Any claim relating to the Application or these Terms shall be governed exclusively by the laws of the State of Israel, without regard to its conflict of law provisions. The Parties hereby submit to the exclusive jurisdiction of the competent courts of Tel-Aviv Jaffa, Israel.
20. General. These Terms (including any document referred to herein) shall constitute the entire agreement between You and the Company concerning the Application. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a Party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
21. Contacts. Company’s address is 8 Mikveh Israel Street, 1st Floor, Tel-Aviv, Israel. For any question, query, or complaint, you may contact us at info@tendermind.ai.