Cordico Terms and Conditions
Thank you for your interest in Cordico’s mental health and wellness products and services. These Terms & Conditions (these “Terms”) apply to and govern all access to and use of the content, products and services listed on www.cordico.com (the “Website”), through Cordico’s mobile wellness applications (the “Apps”) or via other delivery methods (the Website and such content, products, services and the Apps are collectively referred to herein as the “Services”). Please read these Terms carefully before accessing, subscribing to, or in any way using the Services. The terms “Cordico,” “us” or “we” refer to Cordico Inc. The term “Device” refers to the device which is used to access the Services including but not limited to computers, smart phones and tablets. The term “you” refers to the user of the Services, including individual users of the Website and Apps as well as the office, company, agency, department, or organization subscribing to the Services.
When you order (“Order”) any Services, or otherwise use or access the Services, unless you have a separate written agreement with Cordico, signed by a duly authorized officer, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” or a similar acknowledgement at the appropriate place prior to your purchase of or access to the Services. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. By using the Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Services. Our contact email address is firstname.lastname@example.org. All correspondence to Cordico including any queries you may have regarding your use of the Services or these Terms should be sent to this contact email address. These Terms and your Order set out the entire agreement between you and us regarding our provision of, and your access of, the Services. To utilize certain Services, you may be required to agree to additional terms and conditions, and those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, these Terms shall control.
Please check that the details in these Terms and on the Order are complete and accurate before you use or otherwise subscribe to the Services. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by an officer of Cordico.
Cordico reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to https://www.cordico.com/terms-and-conditions. Your continued use of the Services constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Services or email.
- USE OF THE APPS AND SERVICES
All Cordico Services require a subscription, paid for by an upfront payment with automatic renewals unless otherwise expressly agreed upon. You acknowledge and agree that Cordico is authorized to invoice or charge your designated payment method for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) any renewal subscription fee(s) when applicable. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the payment method you provided. Refunds cannot be claimed for any partial subscription period. You agree to promptly notify Cordico of any changes to the payment method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you. Our obligation to provide the Services is only established when we take receipt of your Order and confirm your purchase to you by email. We will confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the payment method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Services purchased through Cordico under any circumstance, for any purpose. Cordico subscriptions are not transferable and therefore you agree to not sell, transfer, or exchange accounts or subscriptions in any way or under any circumstance.
- Becoming a Subscriber
Each subscriber to the Services (a “Subscriber”), including Group Subscribers, as defined below may subscribe to the Services by submitting an Order through Cordico or one of its authorized affiliates. By ordering, registering for, or using the Services, you warrant that: You are legally capable of entering into binding contracts on behalf of yourself (if an individual) or on behalf of the Group Subscriber you represent; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Services does not violate any applicable law, regulation, or agreement with a third party.
- Group Subscriptions
Group subscribers (e.g., government agencies, departments, corporations, universities, hospitals, etc.) (each, a “Group Subscriber”) may purchase Cordico’s Services to their employees and members through a paid subscription as well. In such cases, the Group Subscriber and all individuals accessing the Services through the Group Subscriber’s subscription shall be bound by these Terms.
- Group Discounts
Cordico may offer certain special discount pricing options (“Special Discount Pricing Options”) to certain organizations. The Special Discount Pricing Options will permit certain qualified users (“Qualified Users”) to access the Services through a special discount program. To be considered a Qualified User, your information will be processed by Cordico’s verification system. Cordico reserves the right to determine if you are a Qualifying User in our sole discretion.
- Subscriber Communications
By becoming a Subscriber you may receive occasional special offer, marketing, and survey communication emails with respect to the Services or Cordico. You can easily unsubscribe from Cordico commercial emails by following the opt-out instruction in these emails.
- User Information
- Use By Minors
You must be 18 years of age, or the age of majority in your province, territory or country, to use the Services. Individuals under the age of 18, or the applicable age of majority, may view the audiovisual content displayed in the Services only with the involvement and consent of a parent or legal guardian, under such person’s account, and otherwise subject to these Terms.
- Updates to Plans and Fees
We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect only following notice to you.
- Availability of Services
Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free. If a fault occurs in the Services, please report it to us at email@example.com so we can review and, where appropriate, take corrective action. If the need arises, we may suspend access to the Services while we address the issue. We will not be liable to you if the Services are unavailable for a commercially reasonable period of time to fix functional issues. Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new content or materials. We will restore the Services as soon as reasonably possible.
- DEVICE REQUIREMENTS
To use Cordico’s Services via your smartphone or other Device, your Device must satisfy certain system requirements as indicated in the Google and Apple App marketplaces. It is each Subscriber’s responsibility to ensure their Device can access the Services, and no refund or proration shall be issued on the basis of Subscriber Device issues.
- END USER LICENSE AGREEMENT
- Subject to these Terms, Cordico grants you a limited, non-exclusive, revocable license for personal, non-commercial use of the Services.
- The Services contain or embody copyrighted material, proprietary material or other intellectual property of Cordico or its licensors. All right, title and ownership in the Services remain with Cordico or its licensors, as applicable. The rights to access and use the Services are licensed to you and are not owned by you, and you have no rights in them other than to use them in accordance with these Terms.
- You agree that you will not, and you will not assist or permit any third party to: (a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Services in any way, or create derivative works of the Services; (b) Use the Services or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever; (c) Rent, lease, loan, make available to the public, sell or distribute the Services in whole or in part; (d) Tamper with the Services or circumvent any technology used by Cordico or its licensors to protect any content accessible through the Services; (e) Circumvent any territorial restrictions applied to the Services; or (f) Use the Services in a way that violates these Terms.
- You may not make the Services available to the public or any unauthorized third party. The Services are owned by Cordico or its licensors and your use of them must be in accordance with these Terms.
- CONTENT AND MATERIALS OFFERED THROUGH THE SERVICES
Unless indicated otherwise, all materials (including software and content whether downloaded or not) contained in the Services are owned or licensed by Cordico. You acknowledge and agree that the materials are Cordico’s valuable property and that, other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms.
- Limited License
Your access to the Services is personal to you, and you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials contained in the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided above, you may be violating copyright and other laws of the United States as well as applicable state laws and may be subject to liability for such unauthorized use. Cordico will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
- No Commercial Use
The Services are not intended for your commercial use. You must not use any part of the Services for your own commercial purposes without obtaining a written license to do so from us. Material from the Services may not be copied, distributed, republished, or transmitted in any way without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Services and may subject you to legal liability. You agree not to use the Services for illegal purposes and you agree that you will comply with all laws, rules and regulations related to your use of the Services. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.
Cordico®, the Cordico logo and all other Cordico product or service marks are trademarks of Cordico. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Services is strictly prohibited. Cordico will enforce its trademark rights to the fullest extent of the law, including through criminal prosecution where necessary.
- USER CONTENT; RESTRICTIONS
- The Services may let you submit limited content: for example, you may be able submit notices to other users, approved contact information, etc. As used herein, the term “User Material” refers to any content or material of any kind that you submit, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include your account information, subscription purchase, or Services use information which you provide in subscribing to or through using the Services.
- We do not claim ownership rights in User Material. However, User Material is not considered confidential, and you agree not to submit any User Material in which you have any expectation of privacy. By submitting User Material, you hereby grant Cordico an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, copy, display, edit, distribute and otherwise exploit the User Material you post on the Services, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. Cordico may include your User Material in Cordico’s future materials or content that is made available to others through the Services.
- We are not responsible for the content of User Material provided by you or any other user. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We reserve the right, in our sole discretion, to refuse to publish certain User Material, to remove or edit any User Material, or to restrict, suspend, or terminate your access to all or any part of the Services, particularly where User Material breaches this section, and we may do this with or without giving you any prior notice.
- We may use User Material for our internal business purposes, including but not limited to confirming accuracy of information and examining usage trends. You acknowledge that we may indirectly commercially benefit from use of your User Material.
- Each time you submit User Material to us, you represent and warrant to us as follows:
- You own or have the right to provide and display the User Material and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract.
- Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
- Your User Material does not advertise any product or service or solicit any business.
- Your User Material does not identify any individual (including by way of name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.
- You will not collect email addresses of users for the purpose of sending unsolicited email.
- You will not engage in criminal or tortious activity, including fraud, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
- You will not engage in any automated use of the system, such as using scripts to alter our content.
- You will not, without authorization, access, tamper with, or use non-public areas of the Services, Cordico’s computer systems, or the technical delivery systems of Cordico’s content.
- You will not attempt to probe, scan, or test the vulnerability of the Services or any other Cordico system or network or breach any security or authentication measures.
- You will indemnify Cordico and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
- Pursuant to the US Digital Millennium Copyright Act of 1998 (the “DMCA”), you may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Please send any DMCA notices to firstname.lastname@example.org.
- ACCESS RESTRICTIONS
You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Services or the Services themselves. You agree not to interfere with the servers or networks underlying or connected to the Services or to violate any of the procedures, policies or regulations of networks connected to the Services. You may not access the Services in an unauthorized manner. You agree not to impersonate any other person while using the Services, conduct yourself in an offensive manner while using the Services, or use the Services for any illegal, immoral or harmful purpose. A breach of the provisions of this section may constitute a criminal offense which could result in reporting to and prosecution by appropriate law enforcement authorities. In the event of such a breach, your right to use the Services will cease immediately and any protections regarding our use and/or disclosure of your information, including personal information, shall be forfeited. You agree not to use the Services for any purpose related to business or commercial research, analysis or evaluation of the Services without the express written consent of Cordico. We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
- SUBMISSIONS OUTSIDE OF SERVICES
Any inquiries, feedback, suggestions, ideas, other information you provide to us, which is not part of your use of the Services or User Material, (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to us, you grant Cordico an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, copy, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that Cordico has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Cordico and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
- LINKS TO WEBSITES/HOME PAGE
We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
- SERVICES DISCLAIMER
The information contained in the Services is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the information contained on the Services for any purpose. Any reliance you place on such information is strictly at your own risk.
- MEDICAL DISCLAIMER
Cordico is a provider of online and mobile mental health, physical health, and wellness resources and information. These resources are intended for educational purposes only. We are not a health care or medical provider, nor should our Services be considered medical advice. Only your licensed and appropriately experienced physician, therapist, or duly licensed and appropriately experienced and credentialed health care provider can provide medical or healthcare services. While there is third party evidence from research that indicates certain behaviors and practices (e.g., meditation, yoga, exercise, sleep, gratitude, certain therapies, and involvement in supportive relationships, for example, in addition to the avoidance of other certain behaviors such as excessive use of alcohol) may assist in the prevention and recovery process for certain symptoms and conditions, Cordico makes no claims, representations or guarantees that the Services provide a physical, mental, or therapeutic benefit. Any health information and links on the Services, whether provided by Cordico or through outside providers, is provided for your reference and convenience. To the extent that you participate in any content featured in the Services that involves physical activity, you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. You should consult a licensed physician prior to beginning or modifying any exercise program that you undertake, including via the Services, especially if you have a prior injury, a history of heart disease, high blood pressure, other chronic illness, or condition. You acknowledge that Cordico has advised you of the necessity of doing so. Any advice or other materials in the Services are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical or healthcare advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. To the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Services.
You may terminate your subscription at any time by sending written notice (including via email) to email@example.com. Your access to the Services will be immediately terminated upon such notice. Note: no fees or amounts paid for your subscription are eligible for refund, proration or offset due to your voluntary termination (aka termination for convenience). We may suspend or terminate your use of the Services as a result of your breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms includes, without limitation, the unauthorized copying or download of Cordico’s written, audio, or video content from the Services.
- WARRANTIES AND LIMITATIONS
- We warrant to you the Services will conform in all material respects with their description and be of reasonably satisfactory quality. We warrant that we will use reasonable skill and care in making the Services available to you during your subscription.
- Notwithstanding anything to the contrary contained in these Terms, you assume full responsibility for your own use of the Services. In no event shall Cordico be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Services or other activities you undertake in connection with your use of the Services, unless caused by Cordico’s gross negligence, recklessness, or willful misconduct.
- The Services and all underlying content are otherwise provided on an “as is” basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Services or their content. We assume no liability or responsibility for any errors or omissions in the content of the Services, or any failures, delays, or interruptions in the provision of the Services. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Services to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Services. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Services. We make no warranties or representations that your use of content and information posted on the Services will not infringe rights of third parties.
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.
- GENERAL TERMS AND CONDITIONS
Cordico may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
You agree to defend, indemnify and hold Cordico and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from (i) your negligent, reckless, or willful misuse of the Services, (ii) your placement or transmission of any message, content, information, software, or other submissions through the Services, (iii) any third-party claims of bodily injury, death, or damage to real or tangible personal property caused by your negligent or more culpable acts or omissions related to your use of the Services; or (iv) your breach or violation of the law or of these Terms. Cordico reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Cordico defense of such claim.
- No Waiver
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
- Force Majeure
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
In these Terms, unless the context requires otherwise: (i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and (ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
Unless otherwise specifically indicated, all notices given by you to us must be given to Cordico at firstname.lastname@example.org. We may give notice to you at the e-mail address you provide to us when you subscribe. Notice will be deemed received and properly served immediately when posted on the Services or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.
- Third Party Rights
A person who is not party to these Terms will not, subject to Section 5.6 (DMCA), have any rights under or in connection with these Terms.
- Limitation of Cordico’s Liability
- Dispute Resolution
All disputes arising out of, relating to, or in connection with these Terms or your use of the Services that cannot be resolved informally or in small claims court will be resolved via binding arbitration through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator solely on the basis of documents submitted to the arbitrator and through a non-appearance based telephonic/online hearing. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. The arbitrator shall also have the exclusive authority to determine the rights and liabilities, if any, of you and Cordico. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Cordico. This arbitration section will survive the termination of your relationship with Cordico.
- Choice of Law
Except to the extent, they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.
- Entire Agreement
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement will be for breach of contract.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
These Terms are effective as of OCTOBER 1, 2021.