Resilience Within Reach™

Tiatros Inc.
Terms of Use
March 2018

The following terms constitute an agreement (the “Agreement”) between you and Tiatros® Inc. (“Tiatros®”). Tiatros ® is the owner and operator of www.tiatros.com, the Tiatros® iOS app, and the Tiatros® android app (collectively, the “Service”). Tiatros® also distributes and operates a portfolio of online CBT+-based peer group psychotherapeutic and resilience programs (each, a “Program), which registered participants (each, individually, a “Participant”) access and perform on an area of the Service that is reserved for Participants of Programs (the “Program Area”). Tiatros® also distributes and operates online ‘After Programs’ for Participants who want to maintain continued access to the Program content and materials after they complete their Program, and to participate in a social community of Participants who have also completed the same Program. After Programs are accessed and performed on an area of the Service that is reserved for Participants in the After Program (the “After Program Area”).

This Agreement governs your use of and access to the Service as a casual visitor to the Service; a Participant in the Programs; and a Participant in the After Programs. By accessing the Service, you agree to be bound by the terms and conditions of this Agreement that are applicable to all users who access the Service. If you register as a Participant in a Program (as explained below) and access the Program Area of the Service, then in addition to the terms that are applicable to all users of the Service, the terms that apply only to Participants of a Program will also apply to you. If you register as a Participant in an After Program (as explained below) and access the After Program Area of the Service, then in addition to the terms that are applicable to all users of the Service and all Participants, the terms that apply only to Participants who participate in an After Program will also apply to you.

1. ACCESSING AND USING THE SERVICE

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

This Service Does Not Provide Medical Advice
All the content and materials provided on the Service, including without limitation, on the Program Area and the After Program Area, are for informational purposes only. Our content and materials include CBT+ instructions, CBT+ exercises, mindfulness exercises, participant profiles, video, text, graphics, photographs, images, advice, messages, information, instruction, and any other content and materials provided on the Service. They are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read or learned on this Service.

Tiatros® does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Service. Reliance on any information provided by Tiatros®, by persons appearing on the Service at the invitation of Tiatros®, or by other Participants is solely at your own risk.

Acceptable and Lawful Use of Service
Visitors and Participants will not post or upload any information or other content on the Service, including without limitation, on the Program Area and After Program Area of the Service, that:

  • (a) is false, inaccurate or misleading;
  • (b) is obscene or indecent;
  • (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or
  • (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography.

No Interference with the Operation of Service, including without limitation, on the Program Area and the After Program Area
You may not use any robot, spider, scraper, or other automated means to access the Service or the content or services provided on the Service for any purposes.

You may not post content on the Service that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You will not attempt to make the Service unavailable through denial-of-service attacks or similar means.

Service for Non-Commercial Use Only

All of the content and information displayed on Service, including without limitation, on the Program Area and the After Program Area, is for the personal use of individual visitors and Participants only, and may not be used for any commercial activities.

The content and information shared on the Program Area and the After Program Area of the Service is not for external use.

2. BEING A PARTICIPANT

Eligibility to be a Program Participant

You must register as a Participant to participate in a Program and to access the Program Area on the Service. For you to register as a Participant, Tiatros® requires that you are either:

  • (a) A person with the specifically identified health and/or wellness challenges for the specific Program community that you are joining, or a parent or legal guardian acting for such a person who is under 18 years of age or incapacitated;
  • (b) A family caregiver or another aid providing supportive services for a person who is eligible to join such community; or
  • (c) an invited guest with legitimate reasons to participate in the community and who agrees to respect the privacy and preserve the dignity of all the participants in the community.

Children under the age of 13 are prohibited from registering as Participants. By registering as a Participant, you represent that you are age 13 or older.

Prohibited Activities
Participants will not interfere with other Participants’ use and enjoyment of the Service in anyway, including without limitation, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another Participant.

Participants may not use the Service to conduct any activity that is illegal or violates the rights of others; to provide instructional information about illegal activities; or to promote physical or other harm or injury against any group or individual.

Participants may not use the contact information provided by other Participants, or collect information about the other Participants, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM, or allow others use of your Program account to take such actions.

You agree not to disclose to any person or entity personally identifiable information about other Participants that you encounter while participating in a Program as a Participant, whether it is posted on the Program Area or the After Program by a Participant or otherwise shared with you by a Participant.

Participants’ Password and Login Identity
You are responsible for maintaining the confidentiality of your Participant password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, Tiatros® may either suspend temporarily, or permanently terminate, your participation in a Program.

You agree to immediately notify Tiatros® of any unauthorized use of your Participant password or login, or of any other breach of security.

Termination of Your Participation in a Program or After Program

You agree that Tiatros® may, without stated cause, immediately terminate your participation in a Program or After Program, or limit or terminate your access to the Program Area or After Program Area on the Service, without prior notice. Without limiting the foregoing, the following actions may lead to a termination by Tiatros® of your access to a Program or After Program and your use of the Service:

  • (a) breaches or violations of this Agreement or other incorporated agreements or guidelines;
  • (b) requests by law enforcement or other government agencies;
  • (c) a request by you, i.e., a self-initiated Program cancellation;
  • (d) unexpected technical issues or problems; and
  • (e) extended periods of inactivity.

Participants’ Representation and Warranty
All Participants represent and warrant that the information that they provided when registering as a Participant in a Program or After Program, and all information that they subsequently provide regarding themselves and their participation, is true and accurate and not misleading.

All Participants Must Adhere to the Tiatros® Group Values at All Times
Every Participant must pledge to behave in a manner that conforms to Tiatros®’ three guiding principles: Privacy, Empathy, and Cohesion. We require this of every Participant because it ensures good teamwork, a positive growth environment, and social healing.

  • Privacy
    Tiatros®’ commitment to privacy is built into the Tiatros®' product itself, which is maintained on a secure, HIPAA-compliant network. HIPAA also serves as the guiding regulation for every Tiatros®' employee, from the facilitators who actively participate in our Programs to the engineers and product support team who keep the platform running within the strictest medical-grade privacy guidelines.

    That said, privacy in your peer group begins with you and the other Participants. It means that anything said between any two or more Participants at any time is confidential and not to be shared beyond the confines of the peer group.

    Privacy also means that no one is required to answer any question, participate in any activity, or share any story that they feel truly unready or uncomfortable undertaking. You should know that we firmly believe you will always benefit from taking risks and sharing yourself deeply with the peer group, so we encourage you to participate even if it feels awkward or painful at first. But also know that every Tiatros®' employee will always protect your right to personal privacy and the privacy of the peer group.

  • Empathy
    Empathy is at the core of every successful peer group endeavor. Empathy requires that you take actions that lead you to better understand someone else’s perspective by patiently listening to their story, to engage and experience another’s personal truth by asking thoughtful questions, and to feel what it means to live somebody else’s life by actively using your imagination. Our peer groups will actively promote an atmosphere where we can practice empathy together. Building empathy is hard work, and this leaves no time for destructive behaviors. This means we will always respect each other’s dignity, never tolerating intentionally hurtful, dismissive, or mocking comments.

    And though it hasn’t ever been a problem, please know that threatening or intimidating behavior is never acceptable, and may lead to dismissal from the peer group. We are all active participants in our peer group’s journey to overcome our health challenges and achieve the goals we each set for ourselves. We encourage you all to foster its success by telling your stories sincerely, listening to each other carefully, and practicing empathy wholeheartedly.

  • Cohesion
    There will be plenty of challenge and hard work to unite this peer group around, and we all must be here to overcome it together if we’re going to forge a cohesive peer group. Our peer group’s cohesion depends on your personal commitment to keep up with sessions, complete the materials on time, and regularly interact with your peer group members. Though we encourage everyone to develop meaningful personal relationships with one another, peer group cohesion requires that we not have private conversations about things we wouldn’t want shared with the rest of the peer group, or that would create exclusive relationships separate from everyone else. And finally, to ensure the cohesion of our peer group, each of us must accept that the success of the team is our personal responsibility. That means always acting with each of the Tiatros®' policies and values in mind, and always striving to help others act with them as well.

Privacy, Empathy, and Cohesion—That’s what we’re asking of you and every other Participant. They are critical to our success going forward, and you’re going to be reminded of them regularly throughout the Program. We ask you to reflect on these values and how you will embody them personally.

Posting and Use of Content and Information on the Program Area and the After Program Area
The Program Area and After Program Area support peer groups of Participants with share similar health challenges and goals. The Participants of a specific instance of a Program or After Program may post messages, images, and other content (the “User Submissions”). If you are a Participant in a Program or After Program, you (or the author) owns the copyright in the messages, images, and other content that you post in the Program Area, but by posting such content in the Program Area as User Submissions you grant Tiatros®' and our affiliates and partners the right to use, copy, display, perform, distribute, translate, edit, and create derivative works of your User Submissions, subject to the terms of the Privacy Policy.

While the Program Areas are monitored regularly for topicality and appropriate conduct, Tiatros®' has no obligation to prescreen postings and is not responsible for their content. We encourage you to notify your facilitator immediately of any threatening, offensive, illegal, or otherwise inappropriate content posted to you or to the other Participants.

Tiatros®' reserves the absolute right to remove User Submissions for any reason.

3. PARTICIPATING IN AN AFTER PROGRAM

Eligibility to be a After Program Participant
For you to register as a Participant in an After Program, Tiatros®' requires that you have completed your Program. You must register as a Participant to participate in an After Program and to access the After Program Area on the Service.

4. PRIVACY POLICY

You agree that you have read, understood, and agreed to adhere to Tiatros®'' Privacy Policy. This policy explains Tiatros®'' collection of personal and non-personal information from you when using the Service, including without limitation, on the Program Area and the After Program Area. It also explains its use of and sharing of such personal and non-personal information.

5. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any User Submission or other content at this Service infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Service; (iii) a description of the location on the Service of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If a User Submission that you submitted has been removed as the result of a notification as described above and you believe that such a User Submission, or portion of a User Submission, was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the User Submission content at issue.

Notices of alleged copyright infringement and requests about the counter-notification procedures should be directed to the attention of the Copyright Agent via email to inquiries@tiatros.com. You acknowledge that if you fail to comply with the notice requirements of this Agreement, your notice will not be valid.

6. Inquiries and Communications to Tiatros®'

Please direct all media, analyst, and research inquiries to inquiries@tiatros.com.

Please direct any other feedback, comments, requests for technical support, and other communications to support@tiatros.com.

7. OTHER IMPORTANT TERMS AND CONDITIONS

Links to Other Web Sites
Tiatros® may add links to content on other web sites on the Service that are not under Tiatros®' control. The inclusion of any link does not imply endorsement by Tiatros® of other web sites, and Tiatros® is not responsible for the content of such linked web sites.

Modifications to this Agreement
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Service. We encourage you to review this Agreement periodically for any updates or changes, which will each specify an effective date.

Disclaimer of Warranties
The Service, the Programs, and the After Programs and the content and services made available on the Service, the Programs, and the After Programs are provided on an “as is” and “as available” basis. Tiatros® does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for any particular purpose with regard to the Service, the Programs, the After Programs, their content, or any advice, information, or services provided through the Service, the Programs, and the After Programs to the greatest extent permitted by law. Tiatros® does not warrant that access to the Service, the Programs, the After Programs or their content or services will be uninterrupted or error-free, or that defects in the Service, the Programs, and the After Programs will be corrected.

The advice, statements, recommendations, information, and conclusions posted or emailed by other visitors to the Service and Participants on the Program Area and the After Program Area are not in any way vetted, approved or endorsed by Tiatros®. You will use such content and information solely at your own risk.

Limitation of Liability
Under no circumstances will Tiatros® its partners, or vendors, or their contributors, agents, employees, directors, consultants, advisors or affiliates be liable for any indirect, incidental, special, or consequential damages, even if it has (or they have) been advised of the possibility of such damages, due to your use of this Service, the Programs or the Program Area, the After Program or the After Program Area, or due to your reliance on any of the advice, content, and information contained or the services provided on the Service, the Programs, the Program Area, the After Program or the After Program Area.

Indemnification
You agree to indemnify and hold Tiatros® harmless, its officers, employees, agents, subsidiaries, affiliates, partners and vendors, from and against any claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees, arising from, related to, or alleged to result from, your violation of this Agreement.

International Users
Tiatros® makes no claims that information on the Service, including without limitation, on the Program Area and After Program Area, is appropriate or may lawfully be accessed or used outside of the United States. Personal information (“Information”) that is submitted to this Service will be collected, used, analyzed, managed, processed, stored, disclosed and disposed of solely in accordance with applicable United States law and our Privacy Policy.

If you are a user outside of the United States, then you acknowledge and agree that Tiatros® may collect and use your Information and disclose it to other entities outside your resident country. In addition, such Information may be stored on servers located outside your resident jurisdiction. United States law may not provide the degree of protection for Information that is available in other countries, including your country. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your country as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use or access this Service, the Programs or the Program Area, and the After Program and After Program Area.

Participant Notices
If you register as a Participant, then you agree that Tiatros® may send notices to you by email and text message at the email address and phone number you provide when registering to become a Participant, or which you later update using the functionality of the Service.

No Obligation
Tiatros® has no obligation to maintain, store, or transfer information or data to you that you have posted on or uploaded to the Service, the Program Area, and the After Program Area.

Governing Law and Venue
This Agreement will be governed by the internal laws of State of California as well as the applicable federal laws and regulations of the United States. All disputes arising under, or in any way connected with the Programs and After Programs or use of the Service, will be litigated exclusively in the state and federal courts residing in San Francisco, California, and in no other court or jurisdiction. You hereby irrevocably submit to the jurisdiction of the state and federal courts sitting in San Francisco, California.

Intellectual Property
TIATROS®, the TIATROS logo, CAREPOD®, the RESILIENCE WITHIN REACH™ slogan and any other trademarks identified as belonging to Tiatros® are trademarks of Tiatros® Inc. You agree not to display or use these trademarks in any manner without Tiatros®' prior, written permission.

Assignment
Tiatros® may assign this Agreement at any time to a subsidiary, affiliate, or parent company, or to a successor to substantially all its business as part of a merger or a sale. You may not assign or transfer this Agreement.

Severability
If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

Contacting Tiatros®
For any feedback, questions or comments, or to report violations of this Agreement, please contact us via email to inquiries@tiatros.com.

Thank you!
Tiatros Inc.