Liferise App Terms of Use

1: Agreement to Terms

The Terms of Use outlined here govern your access to and use of Liferise's services. They are designed to ensure a clear understanding of the legal obligations and rights between you, the user, and Liferise. Kindly take the time to carefully review these Terms. By accessing or using the Services, you acknowledge having read and understood them, and you agree that these Terms will govern your use of the Services. By accepting these Terms, you and Calm agree, as outlined in section 11, to settle most disagreements through arbitration on an individual basis, when allowed by law, rather than in a jury trial, class arbitration, class action, or any form of representative or court proceeding. If you're not willing to be bound by these Terms, we kindly ask that you refrain from using the Services.


2: Changes to Terms

Description of how and when the Terms of Use may be updated or modified.

At Liferise, we're committed to adapting and evolving our services to meet your needs and the ever-changing digital landscape. This commitment extends to our Terms of Use, which may be updated or modified over time. Such changes are necessary to reflect our growing services, changes in the law, or improvements in user experience.

How Changes are Made

We reserve the right to modify these Terms of Use at any time. Changes may arise for various reasons, including compliance with new legal requirements, the introduction of new features, or adjustments in our business practices.

Notification of Changes

Whenever we modify these Terms, we will make reasonable efforts to notify you before the changes become effective. This may include sending a notification through our services, posting an updated version on our website, or using the email address associated with your account. The form of notification may vary depending on the nature and importance of the changes.

Reviewing Changes

We encourage you to regularly review the Terms of Use to stay informed about your rights and our obligations. The date of the last update will be indicated at the top of the Terms of Use document, making it easier for you to identify any recent changes.

Acceptance of Changes:

By continuing to use Liferise's services after changes to the Terms of Use have been posted or communicated to you, you are expressing your acceptance of the revised terms. If you disagree with the updated Terms of Use, you should discontinue using our services. Your continued engagement with Liferise following any changes signifies your agreement to be bound by the modified Terms of Use.

It's our goal to ensure that these Terms of Use accurately reflect our services and the way we interact with you. We appreciate your understanding and continued use of Liferise as we make adjustments to better serve you.


3: Privacy Policy

Reference to Liferise's Privacy Policy detailing the collection, use, and protection of user data.

At Liferise, we are committed to protecting your privacy and ensuring the security of your personal information. Our Privacy Policy, which complements these Terms of Use, outlines our practices concerning the collection, use, and protection of your data when you use our services. By accessing or using Liferise, you consent to the data practices described in our Privacy Policy.

Please visit our Privacy Policy at www.liferise.app/privacy


4: Access and Use of the Service

Conditions for accessing and using Liferise's services, including user eligibility and account registration requirements.

Liferise offers a platform designed to enrich your life through our specialized services. Accessing and using our services signifies your acceptance of these Terms of Use and your agreement to abide by them. Below, we detail the conditions under which you may access and use Liferise's offerings.

Eligibility

To use Liferise's services, you must be of legal age to form a binding contract in your jurisdiction. If you are not of legal age, you may only use our services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using our services, you affirm that you have the legal capacity to enter into these Terms.

Account Registration

Certain features of Liferise require you to register for an account. When creating your account, you agree to:

  • Provide accurate, current, and complete information about yourself as prompted by our registration forms (including your email address).

  • Maintain and promptly update your account information to keep it accurate, current, and complete.

  • Maintain the security of your password and identification.

  • Accept all risks of unauthorized access to your account and any information you provide to us.

Use of the Service

  • You are granted a non-exclusive, non-transferable, revocable license to access and use Liferise strictly in accordance with these Terms. As a user, you agree to:

  • Use our services only for lawful purposes and in accordance with these Terms.

  • Not to access or use the service for any commercial purposes without our express written consent.

  • Not to use the service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the service.

Restrictions on Use

  • You are prohibited from violating or attempting to violate any security features of the service, including, without limitation:

  • Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access.

  • Attempting to probe, scan, or test the vulnerability of the service, or any associated system or network, or breaching security or authentication measures without proper authorization.

  • Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the service, overloading, "flooding," "spamming," "mail bombing," or "crashing."

Modification and Termination

Liferise reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that Liferise shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.

By accessing or using Liferise services, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree to these terms, please do not use our services. Your continued use of the service following the posting of any changes to these terms constitutes acceptance of those changes.


5: Subscription Services and Payments

Detailed terms related to subscription services, including types of subscriptions, payment methods, cancellation policy, and promotional offers.

Liferise offers various subscription services to enhance your experience. These subscriptions provide access to premium features, content, and exclusive benefits. Understanding the terms surrounding these subscriptions is crucial for a seamless experience.

Types of Subscriptions:

  • Standard Subscription: Grants access to basic features and content.

  • Premium Subscription: Offers all the benefits of the Standard Subscription, plus additional premium content and features.

Payment Methods

Liferise accepts a variety of payment methods, including credit cards, debit cards, and third-party payment providers. Your payment method will be charged at the beginning of your subscription period or upon the expiry of any free trial period.

Subscription Period and Renewal

Subscriptions are billed on a recurring basis, depending on the selected plan (monthly, annually, etc.). Your subscription will automatically renew at the end of each period unless you cancel it.

Cancellation Policy

You can cancel your subscription at any time through your subscription account settings. To avoid being charged for the next billing cycle, you must cancel at least 24 hours before the current subscription period ends. Upon cancellation, you will still have access to the subscription benefits until the end of the current billing period.

Promotional Offers and Trials

Liferise may offer promotional trials or discounts for new and returning subscribers. These offers are subject to specific terms and may require entering a valid payment method. Unless canceled, promotional trials will automatically convert into a paid subscription at the end of the trial period.

Refunds

All payments are non-refundable except as required by law or as explicitly stated in the offer terms. Refunds for partial subscription periods or unused services are not provided.

Changes to Subscription Terms

Liferise reserves the right to modify subscription plans, pricing, and terms. Any changes will be communicated to you in advance, and, if you disagree with the changes, you have the right to cancel your subscription before the changes take effect.

By subscribing to Liferise services, you agree to these terms, which are integral to our mutual understanding and agreement. For any questions or concerns regarding your subscription, please contact our customer support.


6: User Conduct and Responsibilities

Guidelines on acceptable use of Liferise services and user responsibilities to ensure a respectful and legal use of the platform.

Liferise is committed to creating a safe, respectful, and engaging community. To ensure this, users are expected to adhere to the following guidelines and responsibilities when accessing and using our services. Violation of these guidelines may result in suspension or termination of your access to Liferise services.

Acceptable Use:

  • Respectful Communication: Treat all users with respect. Do not engage in harassment, bullying, or any form of hate speech.

  • Legal Compliance: Use Liferise in accordance with all applicable laws, including copyright, privacy laws, and regulations prohibiting illegal content or behavior.

  • Content Guidelines: Do not post, share, or transmit content that is illegal, obscene, threatening, or harmful to others. This includes material that infringes on the intellectual property rights of others.

User Responsibilities

  • Account Security: Keep your account information secure. You are responsible for all activities that occur under your account, including actions taken by individuals you have willingly shared your account details with.

  • Accuracy of Information: Provide accurate and current information when creating and updating your Liferise account.

  • Feedback and Reporting: Contribute to the safety and integrity of Liferise by reporting inappropriate behavior or content, as well as any security vulnerabilities.

Prohibited Activities

  • No Illegal Activities: Do not use Liferise for any unlawful purposes, including but not limited to fraud, copyright infringement, or promoting illegal activities.

  • No Interference with Services: Do not interfere with or disrupt the services provided by Liferise or servers and networks connected to Liferise.

  • No Unauthorized Access: Do not attempt to access any area of the service that you are not authorized to access, including other users' accounts.

  • No Distribution of Malware: Do not distribute viruses or any other malicious code that may harm Liferise or its users.

Enforcement

Liferise reserves the right to investigate and take appropriate legal action against anyone who, in Liferise's sole discretion, violates these guidelines, including removing the offending communication from the service and terminating or suspending the accounts of such violators.

Your commitment to these guidelines ensures Liferise remains a trusted platform for all. Thank you for your cooperation and for being a part of the Liferise community.


7: Content and Intellectual Property Rights

Explanation of ownership and rights regarding content provided on Liferise and content generated by users, including trademarks and copyrights.

At Liferise, we respect and encourage the creativity and rights of content creators while ensuring a safe and respectful environment for our community. This section outlines the ownership and rights regarding content provided on Liferise, content generated by users, and the intellectual property encompassing trademarks and copyrights.

Liferise Content Ownership

  • All content available through Liferise, including but not limited to, text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Liferise or its content suppliers and is protected by international copyright and trademark laws.

  • Liferise and its licensors retain all rights, titles, and interests in and to the Service's content, including any intellectual property rights. Such rights are protected by copyright, trademark, and other laws.

User-Generated Content

  • Users retain copyright and any other rights they already hold in content that they submit, post, or display on or through Liferise. However, by submitting, posting, or displaying content, users grant Liferise a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods now known or later developed.

  • This license is for the sole purpose of enabling Liferise to provide, promote, and improve the services and to develop new ones. This license continues even if you stop using our services unless you delete your content or account.

User Responsibilities

  • Users must ensure they have the necessary rights to grant us the license for any content they submit to Liferise.

  • Users must not post or upload any content that infringes on the intellectual property rights or other rights of any third party.

Respect for Third-Party Rights

Liferise respects the intellectual property of others and asks users to do the same. We have a policy of removing content that violates copyright or other intellectual property rights of others, suspending access to the service (or any portion thereof) to any user who uses the service in violation of someone's intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the service in violation of someone's intellectual property rights.

Notification of Infringement

If you believe that your work has been copied and posted on the service in a way that constitutes copyright infringement, please provide us with the following information: a description of the copyrighted work that you claim has been infringed, identification of where the material that you claim is infringing is located on the service, your contact information, and a written 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.

Liferise is committed to respecting these rights and expects its users to do the same.


8: Feedback and Unsolicited Ideas Policy

Policy on how Liferise handles user feedback and the submission of unsolicited ideas.

At Liferise, we value the feedback, suggestions, and ideas provided by our users as it plays a crucial role in helping us improve our services and offerings. However, to avoid any potential misunderstandings or disputes regarding our use of feedback or ideas that are similar to unsolicited submissions, we adhere to the following policy:

Feedback

Liferise welcomes feedback regarding its existing services and features. By submitting feedback, you grant Liferise a perpetual, irrevocable, non-exclusive, worldwide license to use any comments, suggestions, ideas, enhancement requests, recommendations, or other information provided by you pertaining to the service, without acknowledgment or compensation to you.

Unsolicited Ideas

While we appreciate your interest in Liferise, we do not accept or consider unsolicited ideas, including ideas for new or improved products, technologies, marketing strategies, product names, or any other suggestions that fall outside the scope of existing feedback channels. This policy is to avoid any potential disputes or misunderstandings if Liferise's products or marketing strategies seem similar to unsolicited ideas submitted to us.

Submissions

If, despite our policy, you choose to send us unsolicited ideas, you agree that such submissions will be treated as non-confidential and non-proprietary. Liferise shall have no obligations concerning the submissions, including but not limited to, no obligation to return any materials or acknowledge receipt of any submissions. Furthermore, Liferise will be entitled to use, copy, distribute, and disclose to third parties any such submissions for any purpose, without limitation and without compensation to you.

Developments

You acknowledge and agree that Liferise may currently or in the future be developing ideas or concepts that may be similar or identical to your submissions. You hereby waive any claims you may have resulting from any similarities between your submissions and future Liferise developments.

By adhering to this policy, Liferise aims to avoid potential misunderstandings or disputes when projects developed by our professional staff might seem similar to someone’s submission. We appreciate your understanding and support in this matter.


9: Disclaimers and Limitation of Liability

Legal disclaimers related to the use of Liferise and limitations on the company's liability.

No Warranties

Liferise provides its services "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Liferise does not guarantee that the services will function without interruption or errors. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. Liferise disclaims all liability for damages caused by any such interruption or errors in functioning.

Content Disclaimer

The content on Liferise, including advice, suggestions, and opinions, is not intended to replace professional medical advice, diagnosis, or treatment, or serve as a Life Coach or other life advisor professional. Always seek the advice of your physician or other qualified health providers or professionals with any questions you may have regarding a medical condition or life circumstance.

The Liferise Wisdom Sage feature is not to be used as therapy, or for medical or life advice. Consider it for entertainment purposes only. Understand that any responses from this app feature are computer generated based on AI large language models that are unpredictable, general in nature and may not be specific to your unique circumstances. Responses may not be accurate, relevant, or helpful, and could be harmful. Use your own judgment and do not act on any response without consulting a professional and trusting your own internal wisdom.

Third-Party Links

Liferise may contain links to third-party websites or resources. Liferise provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Limitation of Liability

To the fullest extent permitted by law, in no event will Liferise, its affiliates, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Liferise has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Maximum Liability

Notwithstanding the above, if Liferise, its affiliates, officers, employees, agents, suppliers, or licensors are found liable for any damage or loss which arises out of or is in any way connected with your use of the services or any content, Liferise's liability shall in no event exceed $50.00 USD.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.


10: Indemnification

Requirements for users to indemnify Liferise against certain types of claims and disputes.

As a user of Liferise services, you agree to defend, indemnify, and hold harmless Liferise, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and licensors (collectively, the "Liferise Parties") from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services, including but not limited to:

  • Your Content: Any content you submit, post, transmit, or otherwise make available through the Liferise Services, including claims for infringement of intellectual property rights, privacy rights, or publication rights.

  • Your Conduct: Your activities in connection with the Services, including any interaction with other users of the Services or any violation of another person's rights.

  • Violation of Terms: Your breach of any term of these Terms of Use or any applicable law or regulation, whether or not referenced herein.

  • Third-Party Claims: Any action taken by a third party against the Liferise Parties that arises out of or relates to your actions, your content, or your use of the Services.

of or relates to your actions, your content, or your use of the Services. You will cooperate as fully required by the Liferise Parties in the defense of any claim. Liferise reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Liferise. This indemnification obligation will survive the termination or expiration of these Terms and your use of the Service.


11: Dispute Resolution and Arbitration Agreement

IMPORTANT NOTICE: PLEASE CAREFULLY REVIEW THIS SECTION AS IT CONTAINS A BINDING ARBITRATION PROVISION THAT, UNLESS YOU CHOOSE TO OPT OUT, OBLIGATES YOU AND LIFERISE TO RESOLVE SPECIFIC DISPUTES AND CLAIMS THROUGH ARBITRATION AND RESTRICTS THE AVAILABLE REMEDIES BETWEEN US. BY AGREEING TO ARBITRATION, YOU AND LIFERISE WAIVE THE RIGHT TO LITIGATE IN COURT. FURTHERMORE, YOU AND LIFERISE CONSENT TO ARBITRATION EXCLUSIVELY ON AN INDIVIDUAL BASIS, PRECLUDING CLASS ARBITRATIONS, CLASS ACTIONS, OR ANY OTHER FORM OF REPRESENTATIVE PROCEEDING.**

All disputes, claims, or controversies stemming from or relating to these Terms, including their breach, termination, enforcement, interpretation, or validity, or the use of the Services, such as claims concerning privacy or data security (collectively referred to as "Covered Disputes"), shall be resolved through binding arbitration. However, each party maintains the right to: (a) initiate an individual action in small claims court; and (b) pursue injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, including copyrights, trademarks, trade secrets, or patents. For clarity, subject to the provisions of this section 11, the agreement to arbitrate encompasses Covered Disputes arising from events or activities predating the "Last Updated" date specified at the beginning of these Terms.

Notwithstanding the foregoing, you have the option to opt out of binding arbitration by sending Liferise written notification of your intention to do so via email at contact@liferise.com within thirty (30) days of your initial acceptance of these Terms (referred to as an "Arbitration Opt-out Notice"). To be valid, the Arbitration Opt-out Notice must contain your full name, mailing address, and email address, and unambiguously express your desire to opt out of binding arbitration. By opting out of binding arbitration, you agree to settle disputes as outlined in section 12.

These Terms impact interstate commerce, and the validity and enforceability of this section 11 shall be governed, to the extent allowed by law, by the substantive and procedural provisions of the Federal Arbitration Act, 9 U.S.C. § 1, et seq.

a. Commencing Arbitration Proceedings

Prior to initiating arbitration, the parties shall endeavor to resolve the Covered Dispute informally through the following procedure.

If you assert a Covered Dispute against Liferise, you must first notify Liferise by sending a written notice of your Covered Dispute to Liferise via certified mail addressed to Liferise, Inc., 4460 Redwood Highway #16-337, San Rafael, CA 94903, or by email to contact@liferise.com. Your notice must (i) include your name, residential address, email address, and phone number; (ii) describe the nature and basis of the Covered Dispute; and (iii) specify the relief sought. If Liferise asserts a Covered Dispute against you, Liferise will first contact you by sending a written notice of the Covered Dispute to your primary account email address. Liferise's notice must (i) include the name of a Liferise contact, along with their email address and phone number; (ii) describe the nature and basis of the Covered Dispute; and (iii) specify the relief sought. Each notice described in this paragraph, whether sent by you or Liferise, shall be referred to as a Dispute Notice.

If you and Liferise are unable to reach a resolution of the Covered Dispute within thirty (30) days of receipt of the applicable Dispute Notice, either party may initiate binding arbitration proceedings as outlined below. The statute of limitations and any filing fee deadlines shall be suspended for thirty (30) days from the date that you or Liferise first send the relevant Dispute Notice, allowing the parties to engage in this informal dispute-resolution process.

b. Arbitration Procedures

The American Arbitration Association ("AAA") shall administer the arbitration, and a single arbitrator shall render a binding decision. If you are a consumer, the arbitration shall be governed by the AAA's Consumer Arbitration Rules (the "AAA Rules") in effect at the time, which are accessible on the AAA's website (adr.org). These Terms modify the applicable arbitration rules as follows:

(i) YOU AND LIFERISE ACKNOWLEDGE THAT ANY ARBITRATION UNDER THESE TERMS SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE PROHIBITED, AND YOU AND LIFERISE WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION.Except as provided below for additional procedures governing twenty-five (25) or more similar or coordinated Covered Disputes asserted against Liferise or you by the same or coordinated counsel, the arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's Covered Disputes, preside over any class or representative proceeding, or preside over any proceeding involving more than one individual.

(ii) For any arbitration initiated by you, you shall pay the consumer filing fee, and Liferise shall pay the remaining AAA fees and costs. For any arbitration initiated by Liferise, Liferise shall pay all AAA fees and costs.

(iii) For all arbitrations where the asserted Covered Disputes are valued at $25,000 or less, the arbitration shall be conducted according to the AAA's Procedures for the Resolution of Disputes through Document Submission. For all other arbitrations, the following procedures shall apply:

(A) the arbitrator shall conduct hearings, if any, via teleconference or videoconference, rather than in person, unless the arbitrator determines, upon request by either party, that an in-person hearing is appropriate; (B) any in-person appearances shall be held at a location reasonably convenient for both parties, considering their ability to travel and other relevant circumstances; and (C) if the parties cannot agree on a location, the AAA or the arbitrator shall make the determination.

(iv) If you or Liferise submit a dispute to arbitration and the arbitrator orders any exchange of information, you and Liferise agree to cooperate in seeking protection from the arbitrator for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, or other materials that may be exchanged or subject to discovery in the arbitration. You and Liferise agree to seek such protection before any such information, documents, testimony, or materials are exchanged or become subject to discovery in the arbitration. The arbitrator has the sole authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including determining the question of arbitrability.

(v) The arbitrator's decision shall be consistent with these Terms and shall be final and binding. The arbitrator shall have the power to award temporary, interim, or permanent injunctive relief or specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual Covered Dispute before the arbitrator. The arbitrator's award may be confirmed and enforced in any court of competent jurisdiction. Notwithstanding the foregoing, nothing in these Terms shall preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against Liferise on your behalf.

(vi) The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule shall apply if twenty-five (25) or more similar Covered Disputes are asserted against Liferise or against you by the same or coordinated counsel or are otherwise coordinated (such Covered Disputes, "Coordinated Disputes"). In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Liferise acknowledge that Coordinated Disputes may delay the resolution of your or Liferise's Covered Dispute.

c. Severability

If any provision of this section 11 is determined to be unenforceable or unlawful for any reason, including but not limited to a finding of unconscionability, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) the severance of the unenforceable or unlawful provision shall not affect the validity or enforceability of the remaining provisions of this section 11 or the parties' ability to compel arbitration of any remaining Covered Disputes on an individual basis pursuant to this section 11; and (iii) to the extent that any Covered Disputes must proceed on a class, collective, consolidated, or representative basis as a result, such Covered Disputes must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those Covered Disputes shall be stayed (and statutes of limitations tolled) pending the resolution of any individual Covered Disputes in arbitration. Moreover, if any part of this section 11 is found to prohibit an individual Covered Dispute seeking public injunctive relief, that provision shall be ineffective to the extent such relief is permitted to be sought outside of arbitration, and the remainder of this section 11 shall remain in force.

d. Modifications

Notwithstanding the provisions of section 2, if Liferise modifies this section 11 after the date you initially accepted these Terms (or accepted any subsequent modifications to these Terms), you may reject such modification by sending Liferise written notice (including via email to contact@liferise.com) within 30 days of the effective date of the modification, as indicated in the "Last Updated" date above or in the date of Liferise's email notifying you of the modification. To be effective, the rejection notice must include your full name, mailing address, and email address, and clearly express your intent to reject the modifications to this section 11. By rejecting any modification, you agree that you will arbitrate any Covered Dispute between you and Liferise in accordance with the provisions of the Terms you previously accepted. If the Terms are otherwise modified without amending this section 11, you agree that such modification will not create a new right to opt out of arbitration.


12: Governing Law and Jurisdiction

Statement on the governing law and the jurisdiction for disputes not subject to arbitration.

Governing Law

The Terms of Use, your access to and use of the Liferise services, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California], United States, without giving effect to any choice or conflict of law provision or rule.

Jurisdiction for Non-Arbitrable Disputes

For any disputes not subject to the arbitration agreement outlined in the "Dispute Resolution and Arbitration Agreement" section, you and Liferise agree to submit to the exclusive jurisdiction of the state and federal courts located in Sacramento, California, United States. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts on the grounds of inconvenient forum or otherwise.

Consent to Jurisdiction

By using the Liferise services, you consent to the personal jurisdiction of the aforementioned courts for the purpose of litigating all such disputes not subject to arbitration. This consent is not intended to subject Liferise to the jurisdiction or venue of any court, other than those identified herein, without regard to the principles of conflicts of law.

Exception for Global Users

If you are accessing the Liferise services from a jurisdiction outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law. Liferise does not restrict those rights where they are applicable. For international users, any disputes not subject to arbitration or not permissible to be brought in the jurisdiction of the state and federal courts of Sacramento, California, United States, may be subject to the jurisdiction of the courts where you reside.

This section ensures that users understand which laws govern the Terms of Use and where disputes will be resolved, promoting transparency and predictability in the legal relationship between Liferise and its users.


13: General Provisions

Miscellaneous terms including waiver, severability, and entire agreement clauses.

Waiver

No waiver by Liferise of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Liferise to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Severability

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. This ensures that the Terms of Use as a whole remain operative and binding, even if one part is removed or altered.

Entire Agreement

The Terms of Use, our Privacy Policy, and any other legal notices published by Liferise on the Services, constitute the sole and entire agreement between you and Liferise regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. No amendment to or modification of these Terms is effective unless it is in writing and signed by an authorized representative of Liferise.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Liferise’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Liferise may freely assign or transfer these


14: Contact Information

How users can contact Liferise for any inquiries or concerns related to the Terms of Use.

  • Liferise Inc. Address: 4460 Redwood Highway, 316-337, San Rafael, CA 94903

  • Email: contact@liferise.app

  • Phone: 415-326-6092


15: Additional terms that may apply to users from specific jurisdictions outside the United States.

This section highlights specific terms and considerations that apply to users of Liferise from jurisdictions outside the United States, acknowledging the global nature of the internet and ensuring compliance with international laws.

Compliance with Local Laws

Liferise's services are accessible worldwide but not all services or features may be available in your country or region. Users are responsible for ensuring that their use of Liferise complies with all local laws, regulations, and restrictions.

International Data Transfer

In using Liferise services, you acknowledge and consent to the transfer and processing of your personal data in the United States and other countries where we may operate. Liferise commits to protecting your data in accordance with our Privacy Policy, but it is important to note that data protection and privacy laws in these countries may not offer the same level of protection as in your country or region.

Customized Features and Content

Liferise may provide customized features, content, and recommendations to users based on their location to enhance user experience. These customizations are made in compliance with local laws and regulations.

Language and Translation

The primary language of the Terms of Use is English. While Liferise may provide translations of these Terms or other service-related materials for convenience, the English version will govern in the case of any discrepancies between the translated version and the English version.

Consumer Protection Rights

Users residing in jurisdictions with strong consumer protection laws may have legal rights which cannot be waived by contract, including rights as to the jurisdiction and venue for disputes, warranty conditions, and the right to cancel subscriptions under certain conditions. Liferise does not intend to limit such consumer rights under these Terms.

Modifications to Service

Liferise reserves the right to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice, as required to comply with local laws and regulations in different jurisdictions.

Contact Information for International Issues

For questions or concerns related to the use of Liferise services outside of the United States, or to understand how these special provisions apply to you, users may contact Liferise's support team via the provided contact information.

By recognizing and addressing the unique legal and cultural circumstances of international users, Liferise aims to provide a respectful, compliant, and tailored service experience to its global user base.