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| Terms of Use | FAQ
APPLICABILITY
You are reading these Terms of Service (“Terms of Service”) because you are using a Feel service, namely the Feel Relief program (“Service”). These Terms of Service create a legally binding agreement between you and Feel and its affiliates (which we may refer to as “Feel,” “we,” “us,” or “our”) regarding the use of the service. You have a fourteen (14) calendar day right of withdrawal from the Service, no questions asked and free of charge.
Please read the following Terms of Service carefully.
By clicking “I accept,” or by downloading, installing, or otherwise accessing or using the Service, you agree that you have read and understood, and, as a condition to your use of the Service, you agree to be bound by, the Terms of Service. If you are not eligible, or do not agree to the Terms of Service, then you do not have our permission to use the Service. Your use of the Service, and Feel’s provision of the Service to you, constitutes an agreement by Feel and by you to be bound by these Terms of Service. Your use of the Service is voluntary.
Feel is entitled to revise the Terms of Service. If so, Feel will inform you about the changed conditions by email. You have a fourteen (14) calendar day right of withdrawal, no questions asked and free of charge, about which you will be informed again by email. If you do not exercise this right of withdrawal in due time, you will be deemed to have agreed to the amended Terms of Service. Please read these Terms of Service carefully and confirm that you agree to participate in the Service. If you have any further questions, please contact us at: support-us@myfeel.co.
THE SERVICE
The Service, a Feel Relief Program, is a four (4) week, fully remote support program. It is designed to help individuals manage their concern during the Covid-19 pandemic regarding their health, their new way of living, or their financial future, and turn anxiety into a balanced emotional state with positive thinking patterns.
The information provided on the Service does not constitute health or medical advice. You acknowledge and agree that all information provided via the Service, including any links to outside of the Service, are provided for general information purposes only. Any advice or information provided via the Service should not be relied upon as being correct or appropriate for you. Feel does not provide medical advice. Any content accessed through the Service is for informational purposes only and is not intended to cover all possible information, directions, or precautions. The Service is not intended to be a substitute for professional medical advice, diagnosis, or treatment or a replacement for any information and recommendations by competent authorities. Feel does not endorse any specific health care professional or physician, products, procedures, opinions, or any other information that may be provided through the Service. Please consult with your doctor or other qualified health care provider if you have any specific questions about Covid-19 or the information provided via the Service. Do not ignore or delay obtaining professional medical advice because of information accessed through the Service. Call 911 or your doctor for all medical emergencies.
The Service consists of the following components:
As a participant to the Service, you will receive the Feel mobile application, access to the Educational Material, and you will be assigned to a Feel Coach. The Program will be personalized to the individual user needs and goals. As a participant, you may be prompted to complete some assessments at the start, middle and end of the four week program.
A Feel coach will be automatically assigned to you. The coaches are based in remote locations and the check-in sessions will take place via a video call. Where required by applicable law, the coaches are licensed for this service provision.
USER CONTENT
When you upload, submit, store, send or receive content to or through our services (“User Content”), you give Feel an unlimited license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such User Content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our services, and to develop new ones. This license continues even if you stop using our services. You can find more information about how Feel uses and stores content in its Privacy Notice.
Feel disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Feel may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms of Service or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Feel with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms of Service, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Feel does not permit copyright-infringing activities on the Service.
Feel does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Feel reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Feel chooses to monitor the content, Feel still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content.
ELIGIBILITY
You must be at least 18 years old to use the Service. By agreeing to these Terms of Service, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms of Service on your behalf represents and warrants that they have authority to bind you to these Terms of Service and you agree to be bound by these Terms of Service.
GENERAL PAYMENT TERMS
The Service will require you to pay fees upon registering. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable, unless you cancel your plan within the first 48 hours after registration, in which case a full refund will be granted. Fees vary based on the plan, with different pricing schemes for individual users and organizations.
1. Price
Feel reserves the right to determine pricing for the Service. Feel will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information, located here: myfeel.co/feel-relief-program/. Feel may change the fees for any feature of the Service, including additional fees or charges, if Feel gives you advance notice of changes before they apply. Feel, at its sole discretion, may make promotional offers with different features and different pricing to any of Feel’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms of Service.
2. Authorization
You authorize Feel to charge all sums for the orders that you make and any level of Service you select as described in these Terms of Service or published by Feel, to the payment method specified in your account. If you pay any fees with a credit card, Feel may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
3. Subscription Service and Cancellation Policy
The Service includes automatically recurring payments for periodic charges on a weekly basis for a total period of four weeks (“Subscription Service”). When you activate a Subscription Service, you authorize Feel and the third party payment processors it uses, like Shopify, to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our Pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by emailing orders@myfeel.co and following the instructions in our response. Requests to cancel or suspend the Service received after Thursday 11:59pm PST/PDT of a week will automatically be processed the week after and you will be responsible for all charges for the schedule of the week after.
4. Delinquent Accounts
Feel may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
YOUR OBLIGATIONS
We provide our services to you only for the purposes included herein and we expect that you will not misuse our services. For example, we expect that you will not interfere with our services or try to access them using a method other than the interface and the instructions that we provide. You may use our services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
To access most features of the Service, you must register for an account. You may voluntarily provide us with your Personal Data such as your state of emotional health in relation to Covid-19. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at privacy@myfeel.co.
Using our services does not give you ownership of any intellectual property rights in our services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms of Service do not grant you the right to use any branding or logos used in our services. You are not entitled to remove, obscure, or alter any legal notices displayed in or along with our services. You may not, without the prior express written consent of Feel, add Feel Mobile Application elements or change, delete or modify elements of the Feel Mobile Application in any other form. In particular, you are not permitted to copy, extract or otherwise use graphical elements or attempt to decompile the source code of the Feel Mobile Application.
A mobile data connection is required to use the Feel Mobile Application. Feel expressly points out that the Feel Mobile Application, depending on usage behavior, sometimes requires a high data volume and you may incur costs vis-à-vis the operator of the mobile data connection. These costs shall be borne by yourself.
MODIFYING AND TERMINATING OUR SERVICES
We are constantly changing and improving our services. We may add or remove functionalities or features, and we may suspend or stop a service altogether.
If you violate any provision of these Terms of Service, your authorization to access the Service and these Terms of Service automatically terminate. In addition, Feel may, at its sole discretion, terminate these Terms of Service or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms of Service at any time by contacting customer service at support-us@myfeel.co.
DISCLAIMERS; NO WARRANTIES
We provide our services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. However, neither Feel nor its suppliers or distributors make any specific promises about the services, the specific functions of the services, or their reliability, or ability to meet your needs. Feel devices are not intended to cure, treat, mitigate or prevent any disease. A concrete benefit of the participation in the program is not warranted.
The Service and all materials and content available through the Service are provided “as is” and on an “as available” basis. To the extent permitted under applicable law, Feel disclaims all warranties of any kind, whether express or implied, relating to the Service and all materials and content available through the Service, including: (a) any warranty regarding the accuracy of the information provided; (b) any implied conditions and any implied warranty of merchantability, fitness for a particular purpose, title and non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. Feel does not warrant that the Service or any portion of the Service, or any Materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and Feel does not warrant that any of those issues will be corrected.
Other than as set out in Section 9 below, no advice or information, whether oral or written, obtained by you from the service or Feel or any materials or content available through the Service will create any warranty regarding any of Feel or the Service that is not expressly stated in these Terms of Service. Other than as set out in Section 9 below we are not responsible for any damage that may result from the Service and your dealing with any other Service user. You understand and agree that your use of the Service is entirely voluntary and that you use any portion of the service at your own discretion and risk.
LIMITATIONS OF LIABILITY AND INDEMNIFICATION
We shall be liable for damages which are based on intentional breach of duty or grossly negligent breach of duty by us.
In all other respects, to the maximum extent permitted by law, in no event shall Feel be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to the use of our services. To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of fifty (50) Euro. The existence of more than one claim will not enlarge this limit. Insofar as liability for us is limited or excluded, the limitations or exclusions also apply to the personal liability of our employees, legal representatives and vicarious agents. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Feel and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Feel Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms of Service, any representation, warranty, or agreement referenced in these Terms of Service, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
AVAILABILITY OF FEEL APPLICATION
You are not entitled to permanent and uninterrupted availability of the Feel Application. However, Feel makes every effort to ensure the highest possible availability and to remedy any faults as quickly as possible. The functions of the Feel Application are provided with reasonable availability. You are not entitled to availability of the Feel Application for a certain period of time or to 100% data availability.
EVENTS OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Service:
Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the agreement if an Event Outside Our Control takes place and you no longer wish us to provide the products.
OTHER TERMS
We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Service. You will be informed about such transfer of rights and obligations to another organization via email to the email address given to us by you when signing up for the program or an email address subsequently made known to us. You are entitled to terminate the contract within fourteen (14) calendar days following receipt of knowledge of the change of contract partner about which you will be informed again in our email.
You may only transfer your rights or your obligations under these Terms of Service to another person if we agree in writing.
The Service is not intended for visitors located outside of the United States of America. We make no representation that the Service is appropriate or available for use outside of the United States of America. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
Each of the paragraphs of this Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Service, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
CHOICE OF LAW/JURISDICTION
You agree that the Terms of Service and any dispute between you and Feel shall be governed in all respects by the laws of Greece, without regard to the 1980 U.N. Convention on Contracts for the International Sale of Goods. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract shall be Athens, Greece unless there is an exclusive place of jurisdiction.
ALTERNATIVE DISPUTE RESOLUTION
We are obliged to inform you that with regard to the so-called online settlement of disputes by the European Commission, a corresponding online platform will be made available. You can access this platform via the following link: https://ec.europa.eu/consumers/odr/. In this context, we are also obliged to provide you with our e-mail address. This is the email address: privacy@myfeel.co
We always endeavour to clarify any discrepancies with the customer with regard to existing contracts by mutual agreement. However, we would like to point out that we are not obliged to participate in any consumer mediation procedure and unfortunately do not offer our customers participation in such a procedure.
NOTICE REGARDING APPLE
This Section 15 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms of Service are between you and Feel only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary of these Terms of Service. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.