Terms and Conditions
1. General Provisions
The mobile applications and website operated by Eightsnippet Co., Ltd. , CognoMetric InnoLab, Inc. (“COMPANY,” “Company,” ,“us,” or “we”) collectively referred to as the “Service” (including the “Apps”). Access to and use of the Service is contingent upon compliance with these Terms and Conditions (“Terms”). By accessing or utilizing any portion of the Service, you affirm that you have read, understood, and agree to adhere to these Terms, including any amendments or modifications. COMPANY reserves the right to revise these Terms at any time. Notice of such revisions will be posted on the Site for a minimum of seven (7) days, indicating the last revision date. Changes will become effective either at the end of the seven-day period or upon your first access of the Service following the revisions. Non-acceptance of these Terms will result in the prohibition of access to the Service.
2. Disclaimer of Medical Advice
The content provided through the Service is strictly for educational and informational purposes. It is not intended to serve as medical advice, diagnosis, or treatment. Users are advised to seek the counsel of qualified health providers for any medical concerns. COMPANY disclaims responsibility for reliance on information provided through the Service.
3. Description of Service
The Service encompasses a variety of educational features aimed at enhancing social-emotional skills, mental health resilience, and the application of cognitive behavioral therapy techniques. COMPANY retains the right to modify, suspend, or terminate any aspect of the Service at its discretion.
4. Acceptable Use Policy
Users, including legal guardians where applicable, assume sole responsibility for their interactions with the Service. To foster a positive user experience, COMPANY prohibits conduct deemed harmful or inappropriate, and reserves the right to suspend or terminate accounts associated with such behavior.
5. Additional Terms
Certain components of the Service may be subject to Additional Terms. Users must review these Additional Terms when prompted and agree to them to access specific services.
6. Registration and Custom Content
a. Registration
Users agree to provide accurate and complete information during the registration process, maintain confidentiality of account credentials, and promptly update any changes to their information.
b. Customized Content
COMPANY permits qualified users to create and share custom content (“Customized Content”). Users acknowledge that this content may be accessible to others, and COMPANY does not bear any confidentiality obligations regarding such content.
7. User Representations and Warranties
Users warrant that their access and use of the Service complies with all applicable laws and regulations. Users must not be located in jurisdictions subject to U.S. sanctions or identified on restricted persons lists.
8. Prohibited Conduct
Users are prohibited from uploading or displaying content that is defamatory, abusive, threatening, or otherwise unlawful. COMPANY reserves the right to take or seek actions against any content deemed objectionable.
9. Indemnification
Users agree to indemnify COMPANY and its affiliates against any losses or claims arising from their use of the Service or breaches of these Terms.
10. Age Restrictions
Users under 13 must obtain parental consent for account creation. Users must be 18 or the age of majority in their jurisdiction to create adult accounts.
11. License Grant
COMPANY grants a non-transferable, non-exclusive license to download and use the Apps on a compatible device, retaining all intellectual property rights.
12. In-App Purchases
Subscriptions will automatically renew unless canceled. Users are responsible for all charges incurred, and Company reserves the right to modify pricing at any time.
13. Payment Processing
All transactions are processed by third-party payment processors. Users are encouraged to review these parties' terms of service and privacy policies.
14. Refund Policy
No refunds will be issued upon account termination or suspension, either by the Company or the user.
15. Third-Party Links and Services
The Service may contain links to external sites. COMPANY does not endorse or assume responsibility for the content of these sites and is not liable for any related damages or losses.
16. NO REPRESENTATIONS OR WARRANTIES BY THE COMPANY
THE SERVICE, INCLUDING ALL COPY, IMAGES, VIDEOS AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY THE COMPANY ARE PROVIDED TO YOU ON AN “AS IS” BASIS. THE COMPANY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVIE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY BE INAPPLIABLE OR LIMITED IN SPECIFIC USER’S SITUATIONS.
17. LIMITATION ON TYPES OF DAMAGES/LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER SIMILAR LEGAL THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SRVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, CELLULAR PHONES, TELEPHONES OR OTHER SIMILAR PROPERTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE AND CUMULATIVE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You understand and agree that we have set our prices and entered into these Terms and Conditions with you in reliance upon the limitations of liability set forth in these Terms and Conditions, which allocate risk between us and form the basis of a bargain between the parties.
18. Termination
COMPANY reserves the right to terminate your access to and use of the Service at any time and for any reason, effective immediately, at which point you will no longer have any rights to access or use the Service. You may terminate your GuardiAnn account at any time by following the instructions provided within the Service. Provisions relating to the protection and enforcement of COMPANY's proprietary rights, user representations and warranties, disclaimers, indemnifications, liability limitations, data ownership, governing law, and miscellaneous provisions shall survive termination.
19. Ownership and Proprietary Rights
All content accessible through the Service, including but not limited to text, graphics, designs, images, software, audio, and video files (collectively referred to as “Service Content”), constitutes the exclusive intellectual property of COMPANY or its licensors. No Service Content may be modified, distributed, reproduced, or otherwise exploited without prior written consent from COMPANY. Users are prohibited from employing data mining, scraping, or similar methods to extract Service Content. All data generated through your use of the Service is owned exclusively by COMPANY, and all rights not expressly granted are reserved.
20. Trademarks
“GuardiAnn” and all associated trademarks, service marks, logos, and graphics are the property of COMPANY or their respective owners and may be registered with the U.S. Patent and Trademark Office. Accessing or using the Service does not grant you any rights to reproduce or utilize these trademarks.
21. Privacy
The protection of your personal information is of utmost importance to COMPANY. Use of the Service is governed by our Privacy Policy, available on the Website. By utilizing the Service, you consent to the terms outlined in the Privacy Policy.
22. Promotion Code Terms
Promotional Codes (“Promotional Codes”) may be issued by COMPANY or authorized partners, subject to these Terms. Each Promotional Code allows access to GuardiAnn at the advertised price upon confirmation of acceptance and valid payment. The Promotional Code may be subject to a limited number of redemptions.
Eligibility
To qualify for a Promotional Code, users must meet the following criteria: (a) Must not be a current subscriber unless specifically stated; (b) Provide a valid payment method; (c) Comply with any additional eligibility requirements as advertised. Each Eligible User may redeem a Promotional Code only once.
Availability
Promotional Codes must be redeemed before the stated expiration date. COMPANY reserves the right to modify or discontinue Promotional Codes at any time without honoring subsequent enrollments.
Duration and Cancellation
Unless canceled prior to the end of the Promotional Period, subscriptions will automatically renew. Users who cancel during the Promotional Period will forfeit access to all content without entitlement to refunds or exchanges.
Data Sharing
By utilizing a Promotional Code, you agree that your anonymized data may be shared with the issuing partner or provider.
23. Notice for Claims of Copyright Violations
If you are a copyright owner and believe that your work has been infringed, please submit a written notification to COMPANY pursuant to the Digital Millennium Copyright Act, including: (a) A description of the copyrighted work; (b) Your signature or that of an authorized representative; (c) A detailed location of the infringing material; (d) Your contact information; (e) A statement of good faith belief regarding the infringement; (f) A statement made under penalty of perjury regarding the accuracy of your notice.
Contact COMPANY at:
By Mail: GuardiAnn c/o CognoMetric InnoLab, Inc., 690 Saratoga Ave., Suite 100, San Jose, CA 95129
24. Governing Law and Arbitration
These Terms shall be governed by the laws of the State of Delaware, excluding its conflict of laws principles. Any disputes arising from these Terms will be resolved through binding arbitration, except for claims seeking injunctive relief. Each party is responsible for their own attorney fees unless otherwise specified. To opt-out of arbitration, email administrator@cognovationlab.com within 30 days of first use.
25. Language
This agreement is written in English (US). In case of conflicts with translated versions, the English version will prevail.
26. California Residents
California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.
27. Miscellaneous
These Terms represent the entire agreement between you and COMPANY. If any provision is deemed unenforceable, the remaining provisions shall remain in effect. Waivers of any provision or breach shall not constitute a waiver of any subsequent breach. COMPANY may assign its rights and obligations under these Terms without restriction, and these Terms will inure to the benefit of COMPANY and its successors.
Last revised on October 25, 2024.