TERMS OF SERVICE
The services that Robin Health, Inc. and its subsidiaries and affiliates (collectively, “Robin Health,” “we,” “our,” and “us”) provides to you are subject to the terms and conditions set forth herein (“Terms of Service”) which govern your access to and your use of our websites at https://robinhealth.io or https://app.robinhealth.io including any mobile versions (“Website” or collectively, “Websites”), our mobile application (“App”), and any content, products, services, features or other offerings made available by Robin Health through the Websites or the App, such as Robin Health’s mental wellness application referred to herein as “Robin” that provides users personalized, on-demand affordable artificial intelligence driven therapy (collectively, with the Websites and App, the “Services”).
LIMITATION OF SERVICES
The Services are intended for use in optimizing mental wellness in users that are not experiencing an acute mental health crises.
The Services are NOT intended for and should not be used for:
● acute mental health care or acute mental health episodes;
● suicidal or homicidal ideation; or
● high stakes situations, including those related to medical, financial or legal decisions.
The Services, including Robin and other features, are not a substitute for medical attention and are NOT designed to, and DO NOT have the capability to provide medical advice and/or medical treatment. Additionally, the Services, including Robin and other features, are NOT designed to, and DO NOT have the ability to provide assistance and/or treatment with any of the above listed situations.
IF YOU ARE EXPERIENCING AN ACUTE MENTAL HEALTH EPISODE AND/OR SUICIDAL OR HOMICIDAL IDEATION, DO NOT USE THE SERVICES. INSTEAD, IMMEDIATELY PROCEED TO THE NEAREST EMERGENCY ROOM OR CONTACT A MEDICAL PROFESSIONAL WITH THE APPROPRIATE QUALIFICATIONS IMMEDIATELY FOR PROPER CARE.
YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SERVICES. Robin Health is not responsible for your actions when using the Services nor are we liable and/or responsible for any results obtained, not obtained, expected, unexpected or otherwise.
ELIGIBILITY TO USE THE SERVICES
Age. In this Terms of Service, “you” and “your” refers to users of the Services who are at least eighteen (18) years of age. By purchasing a subscription to, registering for an account, or using the Services, you represent and warrant that you are at least eighteen (18) years of age and will use and access the Services in accordance with this Terms of Service, and if applicable, will be responsible for ensuring that any minor authorized by you to sign up for an account and/or use the Services, does so with your supervision and in accordance with this Terms of Service. THE SERVICES ARE NOT DESIGNED FOR CHILDREN UNDER THIRTEEN (13), MINORS UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE SERVICES OR SIGN UP FOR AN ACCOUNT. IF A MINOR UNDER YOUR SUPERVISION ACCESSES AND USES THE SERVICES, YOU REPRESENT AND WARRANT THAT SUCH MINOR IS AT LEAST THIRTEEN (13), YOU ARE THEIR PARENT AND/OR LEGAL GUARDIAN AND AGREE TO ASSUME ALL RESPONSIBILITY AND LIABILITY RELATED TO SUCH MINOR’S ACCESS AND/OR USE OF THE SERVICES. Robin Health does not intentionally or knowingly collect personal information from users who are under the age of thirteen (13) or from other websites or services directed at children. If we discover that a child under thirteen (13) has provided us with personal information, we will delete such information. If you believe that a child under the age of thirteen (13) may have provided us personal information, please contact us at [email protected].
Acceptance of Terms. In order to use the Services, you must accept this Terms of Service and Robin Health’s Privacy Notice as any of the foregoing may be updated from time to time by Robin Health in its sole and absolute discretion as described herein. By purchasing a subscription to, registering an account or otherwise using the Services, you acknowledge that you have read and accept this Terms of Service, you will not engage in any acts that violate the Terms of Service and are entering into a legally binding agreement with Robin Health. If you do not accept this Terms of Service, now or in the future, please stop your use of the Services immediately, in which case any continuing access and/or use of the Services is unauthorized. This Terms of Service expressly supersedes prior agreements and/or arrangements between you and Robin Health solely as it relates to the Services. You assume full responsibility and liability for any of your acts in connection with the Services.
PRIVACY NOTICE
You also agree to Robin Health’s Privacy Notice, which is located at https://robinhealth.io/privacy-policy (“Privacy Notice”) and consent to any personal information we may obtain about you being collected, stored, and/or otherwise processed in accordance with the Privacy Notice and this Terms of Service.
CHANGES TO TERMS
Subject to the terms and conditions set forth herein, Robin Health may, at any time and for any reason, in its sole and absolute discretion, make changes to the Services and/or modify this Terms of Service. If Robin Health makes changes and/or modifications that affect your access to and/or use of the Services Robin Health will provide a notice of such changes only by posting the updated Terms of Service on the Services and Robin Health will change the “last updated” date listed above. We may also provide you with additional forms of notice of modifications and/or updates as appropriate under the circumstances. Your use of the Services following any changes and/or modifications will constitute your acceptance of such changes and/or modifications. If you do not agree with the changes and/or modifications, you shall not use the Services after the effective date of the changes. Please revisit this Terms of Service regularly to ensure that you stay informed of any changes.
DESCRIPTION OF SERVICES
General. Robin Health provides users access to an online wellness application intended for the enhancement and optimization of mental wellness. After downloading the App (if accessing the Services through the App), setting up a User Account (defined below), and paying the applicable fees, you will be provided access to Robin, an AI-driven therapy application and wellness assistant founded by a Harvard physician and backed by clinical science. Robin offers personalized, high-quality, on-demand, affordable online therapy with an AI talk therapist. In addition to Robin, users may gain access to other features available through the Services such as our ‘Mental Health Boost!’ feature which offers users guided activities to boost their mental health. Use of certain features may require acceptance of additional terms and policies set forth by Robin Health.
Use and Availability. USE OF THE SERVICES IS AT YOUR OWN RISK, INCLUDING WITHOUT LIMITATION, THE RISK THAT YOU MIGHT BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT, INACCURATE, OR OBJECTIONABLE. Robin Health retains the right, in our sole and absolute discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason without liability. While we use reasonable efforts to keep the Services accessible, the Services and/or part of the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or access to your User Account (defined below) due to circumstances both within our control (i.e., routine maintenance) and outside of Robin Health’s control, for which Robin Health will bear no responsibility. The Services may be modified, updated, suspended and/or discontinued at any time without notice and/or liability.
Creating an Account. You may establish an account through the Services. Without creating an account, you will only be able to browse Robin Health’s Website, sign up to join our waitlist, contact us using the ‘Contact Us’ feature, and/or view the descriptions of products and/or services we offer. If accessing the Services through the App you must first download the App from the Apple App Store or from Google Play (subject to the terms and conditions provided by Apple or Google). In order to fully access and/or use the Services, and gain access to the functionality of Robin and/or other information and content we provide, you must also register and create an account by selecting a unique login identification (“Username”) and a unique user password ("Password") (collectively, a "User Account"). When setting up a User Account, you are required to (i) abide by all applicable laws, rules, and regulations, as well as indicate agreement to this Terms of Service and our Privacy Notice, (ii) provide contact information, and (iii) submit any other form of authentication required during the enrollment process, as determined by Robin Health in its sole and absolute discretion. If you establish a User Account with Robin Health, you agree to provide true, accurate and current information in connection with your User Account. You are responsible for updating and correcting information you have submitted to create and/or maintain your User Account. You are solely responsible for managing your User Account and are prohibited from using other disguised identities when using the App. We may refuse to grant you a User Account with a name that impersonates someone else, if it may be illegal, vulgar, offensive, and/or if it may be protected by trademark and/or other proprietary rights, as determined by Robin Health in its sole and absolute discretion. Username and Passwords used for the Services are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password you use to access your User Account. You understand and agree that Robin Health shall have no responsibility for any incident arising out of, or related to, your account settings. Robin Health will assume that anyone using the Services and/or transacting through your User Account is you. Therefore, you further agree to immediately notify Robin Health of any unauthorized use of your Username, Password and/or User Account and/or any other breach of security.
Your User Account is non-transferrable and may not be sold, combined and/or otherwise shared with any other person. If you violate any of these limitations and/or this Terms of Service, we may terminate your User Account immediately. Upon termination, the provisions of this Terms of Service that are by their nature intended to survive termination (including without limitation any disclaimers, limitations of liability, and indemnities) shall survive such termination. If we terminate your User Account, you may not subscribe under a new account unless we formally invite you. If you commit fraud and/or falsify information in connection with your access and/or use of the Services, or in connection with your User Account, your account will be terminated immediately and we reserve the right to: (i) hold you liable for any and all damages that we suffer, (ii) pursue legal action through relevant local and national law enforcement authorities, and/or (iii) notify your Internet Service Provider of any fraudulent activity we associate with you and/or your access to and/or your use of the Services.
Communications From Robin Health. By using the Services, you agree to receive certain communications in connection with the Services. When you access and/or use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically including but not limited to notices related to the Services provided to you via email and/or through the Services. You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please review the Privacy Notice for more information about how Robin Health protects the information you provide via the Services. You agree to indemnify, defend and hold harmless Robin Health for any claim, damages and/or loss related to the disclosure of information through the use of the Services.
NO PROFESSIONAL ADVICE
THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE, AND YOU SHOULD NOT CONSTRUE ANY INFORMATION PROVIDED ON OR THROUGH THE SERVICES AS MEDICAL, LEGAL, FINANCIAL, AND/OR OTHER PROFESSIONAL ADVICE. YOU SHOULD EVALUATE ALL INFORMATION AVAILABLE ON OR THROUGH THE SERVICES IN CONSULTATION WITH YOUR MEDICAL PROFESSIONAL OR OTHER ADVISORS AS APPROPRIATE. WHEN YOU INTERACT WITH ROBIN, YOU UNDERSTAND AND AGREE THAT YOU ARE INTERACTING WITH A COMPUTER SOFTWARE APPLICATION AND NOT A LIVE PERSON. ARTIFICIAL INTELLIGENCE IS A RAPIDLY EVOLVING FIELD OF STUDY. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING AND ARTIFICIAL INTELLIGENCE, USE OF OUR SERVICES MAY RESULT IN INCORRECT OUTPUT THAT DOES NOT ACCURATELY REFLECT REALITY OR YOUR SITUATION. YOU SHOULD EVALUATE THE ACCURACY OF ANY CONTENT GENERATED FROM THE SERVICES AS APPROPRIATE FOR YOUR USE CASE. FURTHER, YOU UNDERSTAND AND AGREE THAT ANY OUTPUT PROVIDED BY ROBIN MAY NOT BE UNIQUE ACROSS USERS AND THE SERVICES MAY GENERATE THE SAME OR SIMILAR OUTPUT TO DIFFERENT USERS OF THE SERVICES.
CONFIDENTIALITY
During your access to and/or use of the Services, you may have access to certain information of Robin Health that is not generally known to others including any and all information relating to Robin Health and its business, including without limitation, its business, legal, and operational practices, financial, technical, design, performance characteristics, commercial, marketing, competitive advantage or other information concerning the business and affairs, partnerships and potential partnerships, business model, fee structures, employees, funding opportunities, metrics, object code, source code, architecture, algorithms, techniques, formulas, processes, know-how, systems, ideas, inventions (whether or not patentable or copyrighted), feedback, procedures and techniques that have been or may hereafter be provided or shown to the other party, regardless of the form of the communication and the terms and conditions of this Terms of Service (collectively, the "Confidential Information"). In addition, the structure, sequence, organization and code of the Services constitute valuable trade secrets of Robin Health. You will use best efforts to protect and prevent any access to Confidential Information. Robin Health shall be subject to obligations of confidentiality regarding the information and/or materials provided by you as required by law and as set forth in our Privacy Notice.
YOUR RESPONSIBILITIES
Robin Health grants you the rights set forth herein, subject to the following conditions:
You acknowledge that a breach of any of the foregoing terms and conditions and/or any other terms and conditions related to Robin Health’s intellectual property may result in irreparable and continuing damage to Robin Health for which monetary damages may not be sufficient, and agree that Robin Health will be entitled to seek, in addition to its other rights and remedies hereunder or at law, injunctive or all other equitable relief, and such further relief as may be proper from a court of competent jurisdiction. The terms of this Section shall survive the expiration or termination of this Agreement. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Services without the prior written consent of Robin Health is strictly prohibited.
FEES
Subscription Fees. In addition to downloading the App (if applicable) and creating a User Account, in order to access and/or use the Services, you must select the applicable subscription plan or/and additional hours of therapy you wish to purchase and pay the applicable subscription fee. Note prices may vary based on if you purchase a subscription to the Services from your mobile device after downloading the App from the applicable app store, or if you purchase a subscription and access the Services directly from our Websites. We encourage you to purchase a subscription and use the Services directly from our Websites for the most cost effective subscription rate. You agree to pay Robin Health a subscription fee in the amount displayed on the Services on the date you establish your User Account for the applicable subscription plan you select (and/or such other amount as may be set forth by Robin Health from time to time if you elect to change your subscription plan as described herein). Your subscription will begin on the date you enroll and pay for your subscription and shall continue thereafter on a monthly or annual basis based on the subscription period you select upon enrollment (“Subscription Period”). You can change your subscription by clicking on ‘Manage Subscription’ from within your User Account. If you purchase a subscription through the Apple App Store or Google Play, you can add, change and/or cancel your subscription(s) by clicking here for the Apple Store and here for Google Play. Changes to your subscription will take place at the end of your current Subscription Period. The subscription fees are due in advance on or before the first day of the Subscription Period. Notwithstanding anything herein to the contrary, Robin Health may change the subscription fees at the end of the Subscription Period; provided that we first notify you by email or through the Services.
Promotions and Free Trials. Robin Health may from time to time offer limited time, free or discounted promotional trial subscriptions to access the Services. Upon signing up for a promotional trial subscription, you will provide payment information. Promotional trial subscriptions may vary in length which will be disclosed to you upon sign-up (“free trial period”). You will not be charged during the free trial period. TO CANCEL YOUR SUBSCRIPTION AND AVOID BEING CHARGED, YOU MUST CANCEL BEFORE THE END OF THE FREE TRIAL PERIOD. See the Subscription Cancellation section below for more information on how to cancel a subscription. In no event will Robin Health provide a refund of fees. Failure to pay any fees due hereunder in accordance with the terms and conditions set forth herein may result in your inability to access and/or use the Services.
Subscription Renewal. You agree that we may automatically renew your subscription at the end of the Subscription Period for the same duration of time as your then-current Subscription Period. You authorize Robin Health to charge you for the Subscription Period at the beginning of the Subscription Period and each renewal thereafter, unless you cancel your subscription prior to its renewal date through the procedures described in the Subscription Cancellation section below. Robin Health will charge your credit card (or the other payment method you provided) each month or year for the then-current applicable price for your subscription plan.
Subscription Cancellation. To cancel a subscription and avoid future billing, you may cancel such subscription prior to its renewal date by clicking on ‘manage subscription’ and selecting ‘cancel’ from within your User Account or by contacting Robin Health at [email protected]. If you purchase a subscription through the Apple App Store or Google Play, you can cancel your subscription(s) by clicking here for the Apple Store and here for Google Play. Upon cancellation, you will continue to have access to the products and services included in your subscription for the remainder of the Subscription Period; provided that Robin Health has received all fees related to the subscription during the Subscription Period. After you cancel your subscription, we will not charge you any subscription fees after the expiration of your then-current subscription. Please note that we do not provide full or partial refunds for prepaid sums. In any event, you will be able to continue to use the Services throughout the remainder of the Subscription Period for which you have already paid.
Authorization to Charge for Services. You must either use a credit card, debit card, PayPal, or other payment method accepted by us to activate and maintain a subscription to the Services. You authorize Robin Health to charge you through the payment method you provide when purchasing a subscription. If the payment method you provide is declined, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment method provider. You will not be charged more than the amount for which you purchased your subscription or the additional fees you authorize in connection with adding hours to your subscription.
Payment Processing. Robin Health uses a third-party payment platform to process payments. Your credit card information or other payment method will be processed and stored by our third-party payment processor, which is currently ‘Stripe’, but may be changed from time to time in our sole discretion. You expressly understand and agree that all payments and monetary transactions are handled by such third-party and the use of such platform is governed by the third-party’s terms and conditions and Robin Health shall have no liability related thereto. You authorize Robin Health to automatically charge the payment account for the fees due and owing hereunder. If your payment account on file is closed or the account information is changed, or if, for any reason, a charge is rejected by your payment account, you shall immediately update your payment account or supply a new payment account, as appropriate. If you are unable to update the payment account with appropriate information, then Robin Health will suspend access to the Services, without liability, until valid payment account information is provided. If Robin Health believes that you have participated in a fraudulent chargeback, Robin Health will pursue its claims against you to the fullest extent allowed by law.
Taxes, Right to Suspend.
All fees are stated in United States Dollars and must be paid in United States Dollars. All fees due and payable under this Terms of Service are exclusive of taxes, which will be added at the prevailing rate from time to time. All fees due and payable by you to Robin Health hereunder must be paid in full without any deduction, set-off, counterclaim or withholding of any kind unless required by law. Notwithstanding anything herein to the contrary, the fees due hereunder are non-refundable. In the event fees are not paid in accordance with the terms and conditions set forth herein, Robin Health may immediately suspend Services, without liability. You are responsible for all costs of collection, including without limitation reasonable attorneys' fees, for any payment default.
ERRORS, INACCURACIES, OMISSIONS AND PERFORMANCE
Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to services, products, contact information, addresses, promotions, and events. We reserve the right to: (i) correct any errors, inaccuracies, and/or omissions; and/or (ii) make changes to content, descriptions, Services and/or other information without obligation to issue any notice of such changes, except as prohibited by law.
PROPRIETARY RIGHTS AND LICENSES
Ownership. The Services, any content and/or products on the Services and the infrastructure used to provide the Services are proprietary to Robin Health, our affiliates, and/or in some cases other content providers. By using the Services and accepting this Terms of Service, Robin Health grants you a limited, personal, nontransferable, nonexclusive, revocable right to access and/or use the Services pursuant to this Terms of Service and to any additional terms and policies set forth by Robin Health. Neither this Terms of Service nor your use of the Services convey and/or grant to you any rights: (i) in or related to the Services except for as expressly set forth herein; and (ii) to use or reference in any manner Robin Health’s names, logos, product and service names, trademarks or services marks or those of Robin Health’s licensors.
Reservation of Rights. The materials, headers, videos, illustrations, photographs, graphics and/or any other content on the Services, as well as the organization and layout of the Services, are copyrighted and are protected by United States and international copyright laws and treaty provisions. Subject to the limited rights expressly granted hereunder, Robin Health reserves all right, title and interest in and to the Services and content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Aggregated Data. Notwithstanding anything herein to the contrary, Robin Health may collect aggregated, anonymized data that cannot identify any person and that is derived from or created through the use of the Service in order to learn about its users generally, improve its product and services and market to new and current users.
Other. Robin Health reserves the right to take any action it deems necessary to protect the personal safety of our users and/or the public. Robin Health has no liability or responsibility to users of the Service and/or any other person and/or entity for performance and/or nonperformance of the aforementioned activities.
Feedback. If you choose to submit any questions, comments, ideas, suggestions, inventions, or other information (“Feedback”) to Robin Health, such Feedback is non-confidential and will become the sole property of Robin Health. Robin Health will be able to use any Feedback for any purpose including the developing, creating and/or marketing of products or services and you acknowledge Robin Health will give no credit or compensation to you and you have no rights to the same. Robin Health has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
User Content. When you provide input to Robin by speaking to Robin (“User Content”), you typically will receive output generated and returned by Robin based on such User Content and may from time to time receive other content provided on or through the Services from Robin Health. You hereby grant Robin Health a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable, transferable license to use the User Content for purposes of providing the Services, including without limitation, storing such User Content for future use in connection with the Services in accordance with our Privacy Notice and applicable law. You acknowledge and agree that Robin may aggregate anonymized User Content and/or content and data from other users that cannot identify any person and that is derived from or created through the use of the Services which may be used for any lawful purposes, including without limitation, creating industry benchmarks, quality improvement, enhancing Robin’s models and/or product and service development. For avoidance of doubt, Robin Health will scrub User Content and other data derived so that sensitive information is not disclosed and so that all data is anonymized.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you warrant to Robin Health that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, and/or impair the Services and/or interfere with any other party's use and/or enjoyment of the Services. You may not obtain and/or attempt to obtain any materials and/or information through any means not intentionally made available and/or provided for through the Services. You may not use the Services for a purpose other than the intended uses of the Services as described herein.
USE OUTSIDE DEFINED AREA
Please be aware that our Services are directed to those individuals and entities located in the United States, and are subject to United States laws, including laws governing privacy and security of your information. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Services and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use the Services. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with applicable local laws. This Terms of Service is written in English. To the extent any translated version of this Terms of Service conflicts with the English version, the English version controls. In the event you are using the Services outside of the United States, you agree as follows: (i) you consent to having your personal data transferred to and processed in the United States; (ii) if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of ‘Specially Designated Nationals’ you will not engage in commercial activities on the Services; and/or (iii) you will not use the Services if you are prohibited from receiving products, services or software originating from the United States.
USER VERIFICATION
Robin Health may, in its sole discretion, verify a user’s identity prior to allowing such user to access and/or use the Services. Robin Health may, without liability, refuse to process and/or may cancel access to the Services, as reasonably deemed necessary, to comply with applicable law and/or to respond to a case of misrepresentation, fraud and/or known and/or potential violations of the law and/or this Terms of Service.
SMS Text Service
By checking the box to provide consent to text messages, you authorize Robin Health to send text messages, including messages that may originate from an automatic dialer to the mobile phone number provided to Robin Health. Through this program you will receive communications on your mobile device. By opting in for the text messaging service, you, the user, agree to this Terms of Service as well as our Privacy Notice as it pertains to specific usage of the text messaging service. You are not required to consent to receive marketing messages or required to agree to the receipt of such messages as a condition of purchasing any goods or services. You may revoke your consent to receive SMS messages at any time by replying "STOP". Your carrier's standard messaging rates apply to your entry or submission message, our confirmation and all subsequent SMS correspondence. Robin Health does not charge for any content; however downloadable content may incur additional charges from your cell phone provider. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside our control. All carrier charges are billed by and payable to your mobile service provider. Message and data rates may apply. By subscribing, you consent to receiving both transactional and promotional messages using automated technology. You represent that you are the owner or authorized user of the wireless device you use to subscribe for the service, and that you are authorized to approve the applicable charges. We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.
DATA CHARGES AND MOBILE PHONES
You are responsible for any data and mobile charges that you may incur for using the Services, including but not limited to data and text message charges. If you are unsure what those charges may be, you should ask your service provider before using the Services. Data obtained from you in connection with SMS service will only include your cell phone number, your carrier's name, and the date, time and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services or programs you request from us, and to otherwise operate, develop and improve the Services. Your wireless carrier and other service providers may also collect data about your SMS usage, and their practices are governed by their own policies. We will only use information you provide to the SMS service to transmit your text message or as otherwise described in this Terms of Service. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request.
TERMINATION
This Terms of Service will remain in full force and effect until terminated by either party in accordance with the terms and conditions set forth herein. The rights granted by Robin Health to use the Services is predicated upon your (a) acknowledgment and acceptance of this Terms of Service; (b) not sharing the access granted with any other person or entity; and (c) compliance with the terms and conditions set forth herein. Robin Health shall have the right to terminate your User Account and/or access to/and or use of the Services at any time, for any reason, with or without cause, with or without prior notice, effective immediately. Upon termination, you agree to immediately discontinue use of the Services. Notwithstanding anything herein to the contrary, if you violate, or if we have grounds to suspect that you violated, this Terms of Service and/or other use parameters included on the Services, we reserve the right to suspend and/or terminate your User Account, and/or refuse your use of the Services (or any portion thereof) at any time without prior notice and without liability. In the event you share the access granted with any person and/or entity not expressly allowed by this Terms of Service, and/or misuse the Services and related systems by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, Robin Health will consider your and/or the unauthorized user’s access as having been acquired by fraud and/or misrepresentation and will terminate your access and/or use of the Services immediately. In such a case, Robin Health retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by you.
INDEMNIFICATION AND WAIVER
You shall indemnify, defend and hold harmless Robin Health, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, and/or liabilities of any nature (“Claim”) arising out of and/or in the relation to (i) your violation of any law and/or the rights of a third party, (ii) use of your User Content, (iii) any breach of this Terms of Service and/or Privacy Notice by you and/or your representatives, (iv) your use of the Services, and/or (v) fraud you commit and/or your intentional misconduct and/or negligence. You shall give prompt notice to Robin Health upon your receipt of notice of any Claim against you which might give rise to a claim against Robin Health.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE SERVICES, AND ANY CONTENT, ARE PROVIDED BY ROBIN HEALTH TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND WHETHER EXPRESS, STATUTORY AND/OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, ALL OF WHICH ROBIN HEALTH EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, ROBIN HEALTH AND/OR ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICES, CONTENT, AND/OR MATERIALS WILL MEET YOUR REQUIREMENTS AND/OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, CONTENT AND/OR MATERIALS WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE. ROBIN HEALTH WILL NOT BE LIABLE AND/OR OTHERWISE RESPONSIBLE FOR ANY FAILURE AND/OR DELAY IN UPDATING THE SERVICES AND/OR ANY CONTENT. NO ADVICE AND/OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROBIN HEALTH AND/OR THROUGH AND/OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SERVICES.
LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. IN NO EVENT SHALL ROBIN HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, ATTORNEY’S FEES, THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ROBIN HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY ROBIN HEALTH, ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, ROBIN HEALTH’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN THE EVENT YOU ARE DISSATISFIED WITH THE SERVICES AND/OR PRODUCTS AND/OR SERVICES PROVIDED ON THE SERVICES, OR HAVE ANY OTHER GRIEVANCE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE RIGHT TO DISCONTINUE ACCESS TO AND/OR USE OF THE SERVICES AND/OR PRODUCTS AND/OR SERVICES PROVIDED ON THE SERVICES.
ROBIN HEALTH’S MAXIMUM AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU IN ANY CIRCUMSTANCE ARISING OUT OF AND/OR RELATING TO THE SERVICES AND PRODUCTS AND/OR SERVICES PROVIDED ON THE SERVICES IS LIMITED TO ONE HUNDRED DOLLARS (US$100.00).
LINKING TO THE SERVICES
You may link to our Websites provided you do so with our express written consent and do so in a way that is fair and legal and does not damage our reputation or take advantage of it. To obtain consent please send an email to [email protected]. Subject to the foregoing, you must not: (i) establish a link from any website that is not owned by you; (ii) cause the Services or portions thereof to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; (iii) link to any part of the Services other than the homepage; (iv) otherwise take any action that is inconsistent with the Terms of Service. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission at any time without notice. We may disable all or any links at any time without notice in our discretion.
LINKED SITES
The Services may provide links to various other independent third-party websites, apps, platforms, content and/or activities (“Linked Sites”). Robin Health does not control such Linked Sites and is not responsible for their content nor is it responsible for the accuracy and/or reliability of any information, data, opinions, advice or statements contained within such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites at your own risk. We encourage you to be aware when you leave the Services and to read the terms and conditions and Privacy Notice of each Linked Site that you visit. Robin Health reserves the right to terminate any link and/or linking program at any time. Robin Health disclaims all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials or information contained on such Linked Sites.
THIRD PARTY SERVICES
The Services may be made available and/or accessed in connection with third party services that Robin Health does not control including without limitation any social media accounts. Your correspondence, participation in, and/or any other dealings with third parties found through the Services are solely between you and such third party. Robin Health does not endorse such third-party services and in no event shall Robin Health be liable for any products and/or services of such third-party providers. You agree that Robin Health shall not be responsible for any loss and/or damage of any sort incurred as a result of any such dealings and/or as the result of the presence of such third parties through the Services. Moreover, Robin Health shall not be responsible and/or liable for the accuracy, quality, suitability, currency and/or content of the statements and/or conduct of any third party on the Services. You are solely responsible for the costs, expenses and infrastructure required to support your use of the Services. You acknowledge and agree that Robin Health utilizes third party providers to provide the Services, and any terms and conditions related to such third-party providers’ products and/or services shall govern the use of such third-party providers’ products and/or services. You acknowledge and agree that Robin Health is not liable for the performance of any third-party providers’ products and/or services.
DISPUTE RESOLUTION
Judicial Forum for Disputes. You and Robin Health agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois. Both you and Robin Health consent to the foregoing venue and jurisdiction. The prevailing party of any such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.
California Users. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Robin Health can be sent to Robin Health, Inc., Re: California User Notice, 222 W. Merchandise Mart Plaza, Chicago, IL 60654. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
MISCELLANEOUS
If any provision(s) and/or term(s) of this Terms of Service shall become and/or be declared illegal, invalid and/or unenforceable for any reason whatsoever, such term(s) and/or provision(s) shall be divisible from the other terms and conditions and shall be deemed to be deleted from it. This Terms of Service shall be governed in all respects by the laws of the State of Delaware, without reference to its choice of law rules. If an applicable law is in conflict with any part of this Terms of Service, this Terms of Service will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. No waiver by either you and/or Robin Health of any breach and/or default and/or failure to exercise any right allowed under this Terms of Service is a waiver of any preceding and/or subsequent breach and/or default and/or waiver and/or forfeiture of any similar and/or future rights under this Terms of Service. All provisions of this Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, content provisions, payment provisions, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You may not assign your rights and/or obligations under this Terms of Service to any other party without our prior written consent. We may assign our rights and/or obligations under this Terms of Service to any other party at our discretion. This Terms of Service along with the Privacy Notice constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter.
CONTACT US
If you would like to request additional information regarding this Terms of Service or have an inquiry or feedback about our Services, please contact us at [email protected].