Last updated: November 15, 2022
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICES AND TRAINPAIN MAY SUSPEND OR TERMINATE THE SERVICES. TO THE EXTENT YOU ARE USING THE SERVICES ON BEHALF OF AN ORGANIZATION (E.G. HOSPITALS OR MEDICAL CENTERS), YOU HEREBY AGREE TO THESE TERMS ON BEHALF OF YOUR ORGANIZATION AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND YOUR ORGANIZATION TO THESE TERMS.
1. Our Services
TrainPain is designed to promote healthy function of the body's top-down sensory modulatory system. It should not be used to diagnose or treat symptoms of medical disease, or replace consultation with a healthcare professional. You acknowledge and agree that our Services are not intended to be a replacement for medical care, or to diagnose, treat, cure or prevent any disease. PLEASE CONSULT YOUR HEALTHCARE PROVIDER REGARDING ANY SPECIFIC DIAGNOSIS, TREATMENT OR HEALTH QUESTIONS.
2. Use of the Services
You represent and warrant to us that: (a) you have the legal capacity to understand and enter into these Terms; and (b) you are of at least 18 years of age; or you have permission from your parent(s) or legal guardian(s) to use the Services.
By creating an Account, you represent and warrant that:
(i) all information that you provide is current, complete and accurate to the best of your knowledge;
(ii) you will maintain the security of your password, not share your password with any other person and bear all risks of unauthorized access to your Account;
(iii) you will use the Services in accordance with TrainPain’s instructions as may be updated from time to time;
(iv) you will use the Services solely for lawful purposes and in compliance with any and all applicable laws and regulations. Specifically, you agree not to use the Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms;
(v) you have not previously had your right to use the Services suspended or terminated.
2. Proprietary Rights
TrainPain and its licensors own and reserve all rights, title and interests in and to the Services, all hardware, software and other material used to provide the Services, other than the rights explicitly granted to you to use the Services in accordance with these Terms. No title to or ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms and all rights not explicitly granted to you are reserved by TrainPain.
Any and all comments, suggestions or recommendations (verbal or written) that you provide to TrainPain in connection with the Services (including, without limitation, regarding modifications, enhancements, improvements or other changes to the Services) (collectively, “Feedback”) is voluntary, is at no cost to TrainPain, and is without any restrictions on TrainPain. You hereby acknowledge that any and all intellectual property rights in the Feedback and any changes or improvements to the Services resulting from the Feedback, is and shall remain the property of TrainPain.
3. License to Use the Services
Subject to your compliance with these Terms, TrainPain grants you a nonexclusive, non-commercial, non-transferable, non-sublicensable, payable and fully revocable limited license to access, register and use the Services.
Under this license you have the right to use Services solely for the purpose for which they were provided to you (as specified in these Terms), and subject to the conditions and limitations set out in these Terms.
We reserve all other rights to the Services, and everything provided therewith, and you have no right to, and you may not, make any use that has not been specifically authorized herein, including without limitation: sublicense, copy, transfer, modify or make derivative works of the Services.
Unless we approve to you otherwise in writing, the license ends when your use of the Services ends for whatever reason, including, without limitation, if you voluntarily deleted your Account. You hereby agree that upon the termination of the license, for any reason, we may remotely disable your Account.
4. Use Restrictions
Without derogating from any other restrictions in these Terms, unless otherwise explicitly permitted by TrainPain in writing, you may not, whether by yourself or anyone on your behalf:
(a) remove any copyright, trademark or other proprietary notices from any portion of the Services;
(b) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile or disassemble any portion of the Services or publicly display, reproduce, create derivative works of, perform, distribute, or otherwise use Services or any material in connection therewith including without limitation text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the App, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features available on the Services;
(c) reverse engineer or attempt to extract the source code of the Services we provide,
(d) use the Services for any illegal, immoral, unlawful or unauthorized purposes;
(e) use the Services other than as specifically permitted in these Terms including without limitation: distribute, resell or offer the Services for rent or lease or offer any of the above to the public in any manner, or integrate any of the above within a service of your own, sell, license, or otherwise exploit the Service ;
(f) interfere with or violate clinicians’ or patients’ rights to privacy and other rights, or harvest or collect personal information about clinicians or patients without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Services and retrieve, index or data-mine information;
(g) interfere with or disrupt the operation of the Services, or the servers or networks that host them, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
(h) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that TrainPain endorses you or your organization, or any statement you make, or present false or inaccurate information about the Services;
(i) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our online-platform infrastructure, as determined, at our sole discretion;
(j) bypass or go around any measures we may use to prevent or restrict access to the Service;
(l) transmit or otherwise make available in connection with the Services any virus, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; and
(m) infringe or violate any of these Terms.
5. Your Content
The Services allow you to upload, store, share, or otherwise provide content to be processed by TrainPain (“User Content”). You retain all of your ownership rights in your User Content and we will process your User Content in accordance with these Terms – to which you agree and shall be deemed as your instructions – and in accordance with your specific instructions (or your organization’s instructions – if you use the Services as part of an engagement between TrainPain and your organization).
You represent and warrant that you have all the rights to the User Content and that none of the User Content nor TrainPain’s use of the User Content as permitted herein infringes, misappropriates or violates any third party's intellectual property or proprietary rights, or rights of publicity or privacy, or violates any applicable law or regulation; and that you have obtained all necessary licenses, consents or permissions to submit the User Content to TrainPain under these Terms.
We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property rights or these Terms.
7. Updates, Suspension and Termination of the Services
TrainPain reserves the right, in our sole discretion, to make necessary unscheduled changes, updates or enhancements to the Services at any time.
We may add, remove or alter functionalities or features of the Services, and you may be asked to update the App from time to time. Should you decide not to update the App, it may prevent you from using the Services, in whole or in part.
We also reserve the right to suspend or terminate your access to any or all of the Services at any time, in our sole discretion, with or without cause or notice, and without incurring liability of any kind.
If, in our determination, the suspension might be indefinite or we have elected to terminate your access to any or all of the Services, you may no longer have access to the User Content. Nevertheless, where reasonably possible, we will provide you with reasonable advance notice and a chance to extract your data stored through the Services.
You may at any time voluntarily delete your account but be advised that it may prevent your access to your Account and may cause a loss of certain information including, without limitation, the User Content.
The sections of these Terms that, by their nature and content must survive any termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, sections 3, 5, 6, 9, 10, 11 and 12 will survive the termination of these Terms.
8. Third Party Interactions
The Services may be rendered through or integrated with third-party platforms, and may contain links to third party applications, websites, advertisers, services, offers, or other events or activities that are not owned or controlled by us. We have no control over these third-party interactions and assume no responsibility or liability for the content, privacy policies, performance or practices of any third-party interactions. In addition, we will not and cannot censor or edit the content of any third-party site.
You further agree that you are solely responsible for compliance with third-party policies and terms in connection with your use of the Services and acknowledge that TrainPain will not be held responsible for your non-compliance with such third-party policies and terms.
9. No Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SERVICES ARE RENDERED TO YOU “AS-IS” AND “WITH ALL FAULTS AND ERRORS”.
TRAINPAIN MAKES NO – AND DISCLAIMS ALL – REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT: THE SERVICES WILL BE ERROR-FREE, MALWARE OR ANY OTHER HARMFUL COMPONENTS; THE SERVICES WILL BE AVAILABLE AND FULLY FUNCTION AT ALL TIME; THAT THE DATA YOU PROVIDE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED; OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
IN ADDITION TO OTHER DISCLAIMERS CONTAINED IN THESE TERMS, WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SERVICES IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SERVICES, UNLESS SPECIFIED OTHERWISE IN THE AGREEMENT, AND/OR (III) MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SERVICES INCLUDING THAT THE RESULTS OF USING THEM WILL MEET YOUR REQUIREMENTS). TRAINPAIN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THEIR AVAILABILITY, RELIABILITY OR QUALITY, AND IT IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THEM.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES DO NOT AND CANNOT REPLACE MEDICAL CARE OR A PROFESSIONAL MEDICAL JUDGMENT; THE SERVICES ARE NOT INTENDED TO BE USED AS A DIAGNOSTIC OR MEDICAL TREATMENT TOOL OR TO PROVIDE MEDICAL DIAGNOSIS OR DETERMINATION.
SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRAINPAIN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (“COVERED PARTIES”) BE RESPONSIBLE OR LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA, PROFITS OR REVENUE AND DAMAGES RESULTING FROM YOUR USE OF THE SERVICES, CAUSED UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF TRAINPAIN HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold TrainPain and its affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents harmless from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) your use of the Services; (b) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by TrainPain or a third party in relation to the Services, (c) your violation of any applicable law or any rights of any third party; or (d) any User Content or Feedback you provide.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
12. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of Israel without giving effect to any conflict or choice of law provisions. You and we consent to the exclusive jurisdiction and venue of the courts of Tel Aviv, Israel for all disputes arising out of or relating to these Terms.
Notwithstanding the foregoing, TrainPain may seek injunctive relief in any court of competent jurisdiction.
13. Waiver & Severability
Any failure by TrainPain to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason by a court of competent jurisdiction, the provision shall be modified to the extent necessary to make it enforceable while, to the maximum extent possible, reflecting the intent of the parties, and, in any event, shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
TrainPain may assign, transfer or otherwise dispose of our rights and obligations under these Terms, in whole or in part, at any time without notice. You may not assign or transfer any rights to use the Services without our written permission.
15. Changes to these Terms
TrainPain reserves the right to revise and update these Terms from time to time in our sole discretion. Please take a look at the “LAST UPDATED” legend at the top of this page to see when these Terms were last revised. Any such revision or modification will become effective immediately upon posting of the revised Terms on our website.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.
If you have any questions (or comments) concerning these Terms, you are welcome to send us an email at: firstname.lastname@example.org and we will make an effort to reply within a reasonable timeframe.