USER TERMS
Last Updated: April 8, 2025
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These User Terms ("User Terms") govern your access and use of our software as a service and
other products, services, mobile applications, and documentation (together, the “Services”) and
are a binding agreement between you and CATS2 Foundation (“Provider,” “us” and “we”). By
accessing our Services, creating an account or otherwise using the Services, these User Terms
apply to you as an end user of the Services (“you” and “your”). In these User Terms,
“Customer” is the organization, company or other person that has invited or authorized you to
access and use our Services.
BY CLICKING THE "ACCEPT" BUTTON, YOU (A) ACCEPT THESE USER TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR THE APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION TO ENTER INTO A BINDING AGREEMENT. IF YOU ARE A PARENT OR LEGAL GUARDIAN AGREEING TO THESE USER TERMS FOR THE BENEFIT OF AN INDIVIDUAL BETWEEN THE AGES OF 13 AND THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, PLEASE BE ADVISED THAT YOU ARE FULLY RESPONSIBLE FOR HIS OR HER CONTENT, SUBMISSIONS, VIOLATION OF THESE USER TERMS, ACTS OR OMISSIONS AND ANY LEGAL LIABILITY THAT HE OR SHE MAY INCUR. IF YOU DO NOT AGREE WITH THESE USER TERMS, PROVIDER WILL NOT AND DOES NOT PROVIDE THE SERVICES TO YOU.
1. Our Services.
(a) Customer has entered into a separate agreement (the “SaaS Agreement”)
with us that permits Customer to invite and authorize its employees, students, teachers,
volunteers, and other third parties (“Authorized Users”) to access and use the Services. The
SaaS Agreement contains our commitment to deliver the Services to Customer, who may then
invite Authorized Users, including you, to create an account to access and use the Services.
(b) Your right to access and use the Services remains effective until
Customer’s subscription for the Services expires or terminates, or your access to the Services has
been terminated by Customer or us. Please contact Customer if you wish to terminate your
account.
(c) Subject to your compliance with these User Terms and, in relation to the
Services, for the period that Customer provides you with access to the Services, you have the
limited, non-exclusive, non-transferrable and revocable right for your personal, non-commercial
use to access and use the Services. This license is conditional on your compliance with these
User Terms.
(d) We reserve the right to update, modify, substitute, suspend or remove,
without notice to you, the Services or your information from time to time. Any updates to the
Services are subject to these User Terms. Your access to the Services may also be occasionally
restricted to allow for repairs, maintenance or the introduction of new functions or services. We
will attempt to restore such access as soon as we reasonably can. You acknowledge that we have
no obligation to provide any maintenance or support for the Services, except where required
under the SaaS Agreement.
(e) If we believe that there is a violation of the SaaS Agreement, these User
Term, or any of our other policies, we will, in most cases, ask Customer to take action. We may
directly step in and take what we determine to be appropriate action (including disabling your
account) if Customer does not take appropriate action or we believe there is a credible risk of
harm to us, the Services, or any third parties.
2. Your Responsibilities.
(a) You will be required to create an account to access or use the Services and
you agree: (i) that your account and password are personal to you and may not be used by
anyone else to access or use the Services; (ii) to provide and maintain accurate, current, and
complete information about yourself, including contact information; and (iii) not to impersonate,
or misrepresent your connection with, any person, including using another person’s username,
name, likeness or account information.
(b) You are responsible for maintaining the confidentiality of your account
username and password information for the Services. You must immediately notify us of any
unauthorized use or suspicious activity in your account for our Services, as you are responsible
for all activities that occur under your account. We will not be liable for any loss or damages that
you may incur as a result of someone else using your username, password or account. You are
responsible for ensuring that your use of our Services is compliant with all applicable laws and
regulations.
(c) You agree not to: (i) license, sublicense, sell, resell, rent, lease, transfer,
assign, distribute, time share or otherwise commercially exploit or make the Services available to
any other person; (ii) modify, adapt, or otherwise create derivative works or improvements, or
hack the Services or otherwise attempt to gain or gain unauthorized access to the Services or
related systems or networks; (ii) use the Services in any unlawful manner; (iv) use the Services
to send unsolicited communications, junk mail, spam or other forms of duplicative or unsolicited
messages; (v) use the Services to store or transmit any content that infringes upon any person’s
intellectual property rights; (vi) use the Services in any manner that interferes with or disrupts
the integrity or performance of the Services and its components; (vii) attempt to decipher,
decompile, reverse engineer, disassemble, reproduce, copy or otherwise access or discover the
source code or underlying program of any software making up the Services; (viii) use the
Services to knowingly post, transmit, upload, link to, send or store any content that is unlawful,
racist, hateful, abusive, libelous, obscene, or discriminatory or any viruses, malware, Trojan
horses, time bombs, or any other similar harmful software; (ix) remove, delete, alter, or obscure
any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary
rights notices from the Services; (x) use the Services in any manner that could disable,
overburden, damage, or impair the Services or interfere with any other party's use of the
Services; or (xi) use or try to use the Services in violation of these User Terms.
3. Reservation of Rights. You acknowledge and agree that the Services are provided
under license, and not sold, to you. You do not acquire any ownership interest in the Services
under these User Terms, or any other rights thereto other than to use the Services in accordance
with the license granted, and subject to all terms, conditions, and restrictions, under these User
Terms. Provider reserves and shall retain its entire right, title, and interest in and to the Services,
including all copyrights, trademarks, and other intellectual property rights therein or relating
thereto, except as expressly granted to you in these User Terms.
4. Collection and Use of Your Information.
(a) You acknowledge that when you download, install, or use the Services,
Provider may use automatic means (including, for example, cookies and web beacons) to collect
information about your device and about your use of the Services. You also may be required to
provide certain information about yourself as a condition to downloading, installing, or using the
Services or certain of its features or functionality, and the Services may provide you with
opportunities to share information about yourself with others. All information we collect through
or in connection with this Services is subject to our Privacy Policy https://www.cats2.org/owl-privacy-policy. We may also use this information, as long as it is in a form that does not
personally identify you, to improve our Services and other products or to provide services or
technologies to you. By downloading, installing, using, and providing information to or through
this Services, you consent to all actions taken by us with respect to your information in
compliance with the Privacy Policy. Notwithstanding any other term herein, Provider may
disclose your information, including your name and location, to government agencies and law
enforcement in the event Provider reasonably believes it is necessary to do so for the safety of
the public and such individuals, or to prevent harm.
(b) If you provide any suggestions, enhancement requests, recommendations
or other feedback (in any medium) regarding the Services (“Feedback”), we are free to use such
Feedback irrespective of any other obligation or limitation between the parties governing such
Feedback, and the Feedback will become and remain the property of Provider. No compensation
will be paid with respect to the use of any Feedback that you provide to us, and we are under no
obligation to use any Feedback. You will not give to us any Feedback that is the confidential
information of any third party to whom you owe a duty of confidence or that would infringe any
third party’s intellectual property rights.
5. No Medical or Therapeutic Advice or Practice.
(a) Provider may facilitate care for mental health services through the
Services, but information and activity provided by or through the Services is not intended to be,
and must not be taken to be, the practice of medicine, behavioral health, or any other healthcare
service by Provider. Use of the Services does not create a physician/patient or therapist/patient
relationship with Provider. You acknowledge and agree not to rely on anything contained in the
Services, and you agree to consult a qualified healthcare professional licensed in your state on all
matters relating to your health or wellbeing. You hereby agree that you shall not make any health
or medical related decisions based in whole or in part on anything contained in the Services.
(b) PROVIDER IS NOT RESPONSIBLE OR LIABLE FOR ANY
MEDICAL ADVICE, COURSE OF TREATMENT, OR ANY OTHER INFORMATION THAT
YOU MAY OBTAIN OR ELECT NOT TO OBTAIN THROUGH USE OF THE SERVICES.
(c) IN THE EVENT OF AN EMERGENCY, OR A SITUATION IN WHICH
YOU COULD REASONABLY EXPECT TO DEVELOP INTO AN EMERGENCY, YOU
MUST IMMEDIATELY CALL 911 OR THE NEAREST EMERGENCY ROOM, AND
FOLLOW THE DIRECTIONS OF EMERGENCY PERSONNEL.
6. Disclaimer of Warranties. THE SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PROVIDER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, PROVIDER PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
Some jurisdictions do not allow the exclusion of or limitations on implied
warranties or the limitations on the applicable statutory rights of a user, so some or all of the
above exclusions and limitations may not apply to you.
7. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROVIDER OR ITS AFFILIATES HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST
OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL,
BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY
OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR
PUNITIVE DAMAGES.
(b) THE LESSER OF, DIRECT DAMAGES IN AMOUNTS THAT IN THE
AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES
OR FIVE HUNDRED DOLLARS ($500).
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH
DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES
WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. Some jurisdictions do not allow certain limitations of liability so some or all of the
above limitations of liability may not apply to you.
8. Severability. If any provision of these User Terms is illegal or unenforceable
under applicable law, the remainder of the provision will be amended to achieve as closely as
possible the effect of the original term and all other provisions of these User Terms will continue
in full force and effect.
9. Force Majeure. In no event shall Provider be liable to you, or be deemed to have
breached these User Terms, for any failure or delay in performing its obligations under these
User Terms, if and to the extent such failure or delay is caused by any circumstances beyond
Provider’s reasonable control, including but not limited to acts of God, flood, fire, earthquake,
explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or
slowdowns or other industrial disturbances, or passage of law or any action taken by a
governmental or public authority, including imposing an embargo.
10. Governing Law. These User Terms are governed by and construed in accordance
with the internal laws of the State of California without giving effect to any choice or conflict of
law provision or rule. Any legal suit, action, or proceeding arising out of or related to these User
Terms or the Services shall be instituted exclusively in the federal courts of the United States or
the courts of the State of California in each case located in Santa Clara. You waive any and all
objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
11. Entire Agreement. These User Terms, and all other documents and policies
referenced herein, constitute the entire agreement between you and Provider with respect to the
Services and supersede all prior or contemporaneous understandings and agreements, whether
written or oral, with respect to the Services.
12. Injunctive Relief. Any material breach of these User Terms will result in
irreparable harm to Provider for which damages would be an inadequate remedy and, therefore,
in addition to its rights and remedies otherwise available at law, Provider will be entitled to
equitable relief, including both a preliminary and permanent injunction, if such a breach occurs.
You waive any requirement for the posting of a bond or other security if Provider seeks such an
injunction.
13. Waiver. No failure to exercise, and no delay in exercising, on the part of either
party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or
partial exercise of any right or power hereunder preclude further exercise of that or any other
right hereunder. In the event of a conflict between these User Terms and any other terms, the
terms of these User Terms shall govern.
14. Amendment. We may amend these User Terms from time to time, in which case
the updated User Terms will supersede prior versions. If we make a change to these User Terms,
the updated User Terms will be posted on our website or otherwise made available through our
Services. Please check the User Terms posted on our website from time to time to take notice of
any changes we made, as they will be binding on you. Your continued access and use of the
Services following the effective date of any such updated User Terms may be relied upon by us
as your acceptance of any such amendment.
15. Survival. Rights and obligations under these User Terms which by their nature
should survive will remain in full effect after termination or expiration of these User Terms.
16. Questions and Feedback. We welcome your questions, comments, and concerns
about the Services. Please send us any and all feedback pertaining to the Services at
info@cats2.org.