Terms Of Service
Please read to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us via email email@example.com
I’m Here And Care is a platform to build emotional wellness in youth. The Services do not include the provision of medical care, mental health services or other professional services.
We are not responsible for any individual actions, or the results of the actions that you make while, as a result of, or after using the Service.
Use of the services is not for emergencies. If you think you have a medical or mental health emergency, call 911, text CrisisTextLine at 741-741 or go to the nearest open clinic or emergency room.
If you are considering suicide or feel that you are a danger to yourself or to others, you must discontinue use of the services immediately, call 911, text CrisisTextLine at 741-741 or notify appropriate police or emergency medical personnel.
**If you have experienced or have knowledge of child abuse please contact your local protective services agency.**
You must be at least 13 years old to use the service. By accessing, using and/or submitting information to or through I’m Here And Care, you represent that you are at least 13 years of age or older.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and in a manner that complies with all laws that apply to you. If applicable laws prohibit your use of the Services, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your SMS communication abilities with anyone, and you must protect the security of your communication. You’re responsible for any activity associated with your number.
Your use of the Services means that you represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including I’m Here And Care);
- Violates any law or regulation;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable
- Jeopardizes the security of your communication with I’m Here And Care or anyone else’s (such as allowing someone else to log on as you on the Services);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data or portion of or relating to the Services or Content (through the use of manual or automated means);
- Copies or stores any significant portion of the Content and/or share, post or distribute any considerable part of the Content elsewhere;
- Decompiles, reverse engineers or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
- Evidences mental health services needs that exceed those provided in the Services.
- A violation of any of the previous is grounds for termination of your right to use or access the Services.
A violation of any of the previous is grounds for termination of your right to use or access the Services. We reserve the right to terminate your communication and subscription with us.
We do not provide medical advice:
The Services cannot and are not intended to provide medical advice. We advise you to always seek the help of a physician or other qualified healthcare provider with any questions regarding your health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare providers because of something you have read on the Services. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.
No licensed medical professional-patient relationship is created by using information and/or services provided by or through the use of the Services or through any other communication from us. The content of the Services is not and should not be considered medical advice or a substitute for individual medical advice, diagnosis or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare professional. You should always talk to your medical professionals for diagnosis and treatment. Do not use the Services for emergency medical needs. If you experience a medical emergency, call 911 or text CrisisTextLine at 741-741.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, videos, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including I’m Here And Care’s) rights.
Note: We may provide links to videos or articles that were not created by us and for which we assume no ownership. We do not take any responsibility for the accuracy of information or content therein, nor for any harm caused by that content.
You understand that I’m Here And Care owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download specific Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply.
Any information or content posted or transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We cannot guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
Our Services and the Content provided therein are for informational and educational purposes and are not a substitute for the professional judgment and advice of health care professionals. The Content and Services are not intended to be used for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information. I’m Here And Care is not responsible or liable for any claim, loss, or damage arising from the use of the information.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
I’m Here And Care has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, I’m Here And Care will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with interaction with any of these third parties. You agree that I’m Here And Care shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on the Services, or between users and any third party, you agree that I’m Here And Care is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release I’m Here And Care, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
We are always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the https://imhereandcare.com/ website, and/or by sending you a text and/or by other means.
If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
We offer a free-trial and after we have monthly subscription fee. You must pay all applicable fees for the Services.
Termination of Use:
I’m Here And Care is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. I’m Here And Care has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in the destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you can retrieve any User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of I’m Here And Care.
Provisions that, by their nature should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or reimburse us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us.
Warranty and Miscellaneous:
Warranty Disclaimer: I’m Here And Care does not make any representations or warranties concerning any content contained in or accessed through the services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the services. services purchased or offered (whether or not following such recommendations and suggestions) through the services are provided “AS IS” and without any warranty of any kind from I’m Here And Care or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
The services and content are provided on an “as-is” basis, without warranties or any kind, either express or implied, including, without limitation, implied warranty of merchantability, fitness for a particular purpose, non-infringement, or that the use of the services will be uninterrupted or error-free. some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Limitation of liability: To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall I’m Here And Care be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (i) $100 or (ii) the amounts paid by you to I’m Here And Care in connection with the services in the twelve (12) month period preceding this applicable claim, or (iii) any matter beyond our reasonable control.
Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
Indemnity: You agree to indemnify and hold I’m Here And Care, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), if you have an account, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your services account, in any way (by operation of law or otherwise) without I’m Here And Care’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Miscellaneous: You will be responsible for paying withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the services, provided that I’m Here And Care may, in its sole discretion do any of the preceding on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and I’m Here And Care agree that these Terms are the complete and exclusive statement of the mutual understanding between you and I’m Here And Care, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind I’m Here And Care in any respect whatsoever.
Conversations with I’m Here And Care are not shared with third-parties. We do not sell your personal data, identity or conversation history.
We care about the protection and confidentiality of your data. We therefore only process your data to the extent that:
- It is necessary to provide the I’m Here And Care services you are requesting,
- You have given your consent to thes processing, or
- We are otherwise authorized to do so under the data protection laws.
If you have any questions, suggestions or comments, you are welcome to contact us firstname.lastname@example.org.
Information We Collect:
We collect information you intentionally provide to us through registration, text and payment.
Where We Store You Data:
We reserve the right to change this data protection declaration in compliance with data protection regulations. The current version can be found here.