Terms of Use

Thank you for visiting the website of Pauseitive LLC (“Pauseitive”, “we,” “our,” or “us”). By accessing this website, our mobile application, and any related URLs (each and collectively, as appropriate, the “Platform”), you agree to accept the following terms of use for the use of the Platform (“Terms of Use”), which constitute a legal agreement between you and Pauseitive. If you do not accept these Terms of Use, you may not use the Platform. Pauseitive reserves the right to modify these Terms of Use without notice, and each use of the Platform constitutes your acceptance to be bound by the terms set forth in the Terms of Use as modified at the time of such use.

For information about our privacy practices, please see our Privacy Policy.

Use of Platform and Content

The content displayed on the Platform (“Content”) ”) is the subject of intellectual property protection, including but not limited to trademarks, service marks, trade names, and copyrights owned by Pauseitive or by third parties. Pauseitive grants you a limited, revocable, nonexclusive, and nontransferable right to view, store, bookmark, download, copy, and print pages from the platform for your personal and noncommercial use only. Unless you receive written permission in advance from Pauseitive and/or the relevant third party owner, you may not exploit any of the Content commercially, forward it as a mass distribution, or post it on another website. Further, you may not link other websites to this platform or display this platform as “framed” within another website without Pauseitive’s prior written consent.

Registering

You may browse the platform without registering, but as a condition to using certain aspects of the platform you may be required to register with Pauseitive and select a password and user name (“User ID”). You shall not: (1) select or use as a User ID a name of another person with the intent to impersonate that person; (2) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (3) use as a User ID a name that is otherwise obscene, vulgar, and/or offensive. Pauseitive reserves the right to refuse registration of, or cancel, a User ID at its sole discretion. You are solely responsible for the activity that occurs on your account and shall be responsible for maintaining the confidentiality of any password. You shall not: (1) impersonate or try to impersonate another person; (2) disclose your password to anyone else; (3) allow anyone else to use your account; or (4) use anyone else’s account. You will immediately notify Pauseitive in writing of any unauthorized use of your account, or a security breach of another related account of which you are or become aware.

Prohibited Uses of Platform and Content

Pauseitive does not grant any license or right to use this Platform or the Content other than those set forth above, and you shall not make any other use of the Platform or the Content without Pauseitive’s prior written permission. Without limiting the foregoing: You agree not to copy large portions of the platform (such as by bots, robots, or spiders that “harvest” the platform), interfere with the functioning of the platform, or restrict or inhibit any others from using the platform. If you download any Content from the platform, you agree that you will not remove or obscure any copyright or other notices or legends contained therein. In using this platform, you shall not violate any law, regulation, rule, or the intellectual property or contractual rights of others. You may not attempt to violate the security of this platform or use or gain access to the identities, information, or computers of others through this platform. You may not transmit viruses, worms, or similar disabling code or system interference through this platform. You may not decompile, reverse engineer, disassemble, or otherwise deconstruct all or any portion of the platform.

Pauseitive has the right (but not the obligation) to monitor and record activity on this platform, as Pauseitive deems appropriate, for any reason or no reason, and to take all appropriate actions in response to any unauthorized or objectionable conduct, with or without notice to you. Pauseitive may investigate any complaint or reported violation of its policies. Pauseitive may report any activity it suspects may violate any law or regulation to regulators, law enforcement officials, or other persons or entities as it deems appropriate. Pauseitive may issue warnings, suspend, or terminate use of the platform, deny access to all or part of the platform, or take any other action it deems appropriate.

Copyright Infringement Complaints and Notification Procedures

If you believe that any of this platform’s content violates your or a third party’s copyright, please notify us at contact@pauseitive.com by providing the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on this Platform;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

Linked Platforms

Pauseitive does not review or monitor any websites linked from or to the platform and is not responsible for the content of any such websites. Accordingly, Pauseitive cannot be held accountable for the information, materials, products, or services obtained on or from such other websites, nor will we be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the platform and the inclusion of these links does not imply any affiliation with or endorsement, sponsorship, representation, or warranty by Pauseitive with respect to any such linked websites or the content, products, or services contained or accessible through such websites or their operators. Pauseitive disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked to or from the site. Your following links from or to such websites are at your sole risk.

Transmission to and from the Platform

Any communication or other material that you send to us through the internet or post on the platform by electronic mail or otherwise is and will be deemed to be non-confidential as between you and us, and Pauseitive shall have no obligation of any kind with respect to such information. Pauseitive will be free to use, for any purpose, and without compensation due or payable to you, any ideas, concepts, know-how, or techniques provided by you to Pauseitive through the platform.

Passwords

If Pauseitive provides you with a password, you must keep your password and certain Platform content confidential. You are solely responsible for maintaining the confidentiality and security of your password. You accept full responsibility for any use of your password. You must notify us immediately of any actual or suspected loss, theft, or unauthorized use of your password. You may not disclose any Platform content that is contained within any password-protected portion of this platform to any third party, except to your financial, legal, or tax advisors, and others with whom you share investment decisions. Pauseitive is not obligated to inquire as to the authority or propriety of any use of or action taken under your password. Pauseitive will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.

Payments

Pauseitive offers certain enhanced features for purchase. When you make a purchase, we may ask you to supply additional information such as your credit card number, the expiration date of your credit card, and your address(es) for billing (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a transaction will be presented to you before you place your order. If you choose to initiate a transaction, you authorize us to provide your Payment Information to third-party service providers so we can complete your transaction and agree (1) to pay the applicable fees and any taxes; (2) that Pauseitive may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (3) to bear any additional charges that your App Provider, bank or another financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation e-mail after we confirm the payment for your order. Your order is not binding on Pauseitive until accepted and confirmed by Pauseitive. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.

If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Pauseitive.

Pauseitive reserves the right to not process or cancel your order in certain circumstances, such as: (1) if your credit card is declined; (2) if we suspect the request or order is fraudulent; or (3) in other circumstances Pauseitive deems appropriate in its sole discretion. Pauseitive also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Pauseitive will either not charge you or refund the charges for orders that we do not process or cancel.

Consult Your Health Care Provider Before Using the Platform’s Services

The platform is not intended as a replacement for face-to-face psychotherapy or to provide a diagnosis, treatment, or cure for a disease or condition. Pauseitive takes no responsibility for any information, advice, suggestions, recommendations, etc. provided or suggested in or in relation to the platform by us or any user, participant, or other third parties, etc. You are solely responsible for your reliance on any information, advice, suggestion, recommendation, etc. provided to you in or in relation to the platform.

Disclaimers

Pauseitive, including partners, employees, affiliates, and agents (collectively “Related Persons”) make no representations or warranties of any kind, express or implied, as to the accuracy, reliability, completeness, availability, or other characteristics of the information or materials presented on the platform. Such information or materials are provided “as is” and “as available” and, to the fullest extent permissible pursuant to applicable law, Pauseitive specifically disclaims any and all warranties of any kind, express or implied, including but not limited to all warranties of and conditions of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, or completeness. Pauseitive does not warrant that the information on this platform is accurate, reliable, or correct, that this platform will be available at any particular time or location, or that this platform is free of viruses or other harmful components. Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the platform or made via the platform may not be secure.

Decisions based on information or materials contained on the platform are the sole responsibility of the user, and as consideration for access to the platform, you will be responsible for any liability to Pauseitive that arises out of your use of the platform or your breach of these Terms of Use, and you agree to indemnify and hold harmless Pauseitive and Related Persons from and against any claims whatsoever and of any nature for damages, losses, and causes of action, including but not limited to actions by third parties against you, Pauseitive or any of its Related Persons, arising out of or in connection with any decisions that you make based on such information or materials, your use of the platform, or your violation of these Terms of Use.

The information contained herein is provided for informational purposes only and is current only as of the dates indicated herein. Information that is not dated or information that is dated but viewed subsequent to its date may not be current. Pauseitive assumes no duty to update or correct any information for any reason, including new information, results, or subsequent events.

Limitation of Liability

PAUSEITIVE’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL PAUSEITIVE OR ITS RELATED PERSONS BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE), OR DISTRIBUTION OF THE SITE OR ANY INFORMATION OR MATERIALS OBTAINED THROUGH USE OF THE SITE. THIS IS TRUE EVEN IF PAUSEITIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR IF ANY REMEDY YOU HAVE FAILS IN ITS ESSENTIAL PURPOSE.

Mobile Terms and Conditions

The Pauseitive text message service (the “Text Service”) is operated by Pauseitive. Your use of the Text Service constitutes your agreement to these terms and conditions (“Mobile Terms”). The Pauseitive Terms of Use and Privacy Policy also apply to your use of the Text Service. We may modify or cancel the Text Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Text Service following the effective date of any such changes shall constitute your acceptance of such changes.

Pauseitive does not charge for the Text Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and Data Rates may apply. Text messages may be sent using an automatic telephone dialling system or other technology. Text the single keyword command STOP to cancel at any time. You’ll receive a one-time opt-out confirmation text message. For Text Service support or assistance, e-mail us at contact@pauseitive.com.

You acknowledge that any messages, including any STOP requests, you send to a short code or telephone number we have changed may not be received and Pauseitive will not be responsible for honouring requests made in such messages.

The wireless carriers supported by the Text Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you change your mobile phone number, you agree to opt out of the Text Service prior to changing your mobile number.

You agree to indemnify, defend, and hold us and our affiliates harmless from any third-party claims, liability, damages, or costs arising from your use of the Text Service or from you providing us with a phone number that is not your own.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Text Service; any errors in such information; and/or any action you may or may not take in reliance on the information or Text Service.

Applicable Law, Jurisdiction, and Arbitration

These Terms of Use shall be governed by the law of the State of New York, without regard to its choice of law rules. Notwithstanding the foregoing, any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of these procedures, including any contention that all or part of these procedures is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators as provided herein.

YOU AGREE TO RESOLVE BY ARBITRATION ANY CONTROVERSY ARISING BETWEEN YOU AND PAUSEITIVE AND/OR ANY OF OUR RESPECTIVE CONTROL PERSONS, PREDECESSORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND EMPLOYEES.

With respect to the resolution of any such controversy, you further acknowledge that:

Arbitration is final and binding on the parties.
The parties are waiving their right to seek remedies in court, including the right to jury trial.
pre-arbitration on discovery is generally more limited than and different from court proceedings.
The arbitrators’ award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek a modification of rulings by the arbitrators is strictly limited.

Any arbitration under this Terms of Use shall be conducted in New York, NY before a panel of three (3) arbitrators under the Commercial Arbitration Rules of the American Arbitration Association, except to the extent that such rules are modified by this Terms of Use. Arbitration is initiated by a party serving the other party with a written demand for arbitration or a written notice of intention to arbitrate.

No person shall bring a putative or certified class action to arbitration nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated a putative class action in court or who is a member of a putative class who has not opted out of the class concerning any claims encompassed by the putative class action until the class certification is denied, or the class is decertified, or the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Terms of Use except to the extent stated herein.

General

Pauseitive may assign the Terms of Use in whole or in part at any time without your consent. You may not assign the Terms of Use or delegate any of your obligations under the Terms of Use, and any purported assignment of the Terms of Use in violation of the Terms of Use is void. The Terms of Use constitute the entire understanding and supersedes all other understandings between you and Pauseitive concerning the subject matter hereof.

If you have any questions about this Terms of Use, please contact us at contact@pauseitive.com