7Chairs Term Of Use

 

 

  • Applicability.

 

      1. 7Chairs Ltd. (“7Chairs“) provide a digital platform (the “Support Platform“) on which certain Group Members (as defined below) may join certain support groups, each group consisting of a small number of Group Members (“Group“), in order to exchange and discuss certain life challenges each Group Member is experiencing (as may be determined by 7Chairs from time to time), with other Group Members who are experiencing similar challenges. Each Group is facilitated by a group facilitator provided by 7Chairs (the “Group Facilitator“). 
      2. These terms of use (“TOU“) govern the legal terms of the websites of 7Chairs at https://www.7chairs.org/, 7chairs.co.il (the “Site“), as well as of the Support Platform and mobile app and of any services provided therein or there through (“Platform Services“, together with the Site and the Support Platform, the “Services“), and certain text, articles, information, graphics, video, pictures, documents to be downloaded, messages, contributions and discussions, and any other content available on and/or through the Services, as well as any additional Group content  (collectively, “Content“), which are made available to you (“User“). The TOU, together with 7Chairs’s privacy notice, available at __________ (“PN“), constitute the entire and only agreement between 7Chairs and User, and supersede all other agreements, representations, warranties and understandings with respect to the Services and the Content and the subject matter contained therein. 
      3. By attempting to use and/or by using the Site and/or the Content, or any part thereof, User agrees to fully comply with and to be bound by the TOU and PN. If User does not accept the TOU or the PN, User must not access and use the Site and/or the Content, or any part thereof, and/or immediately stop any use of the Site and/or the Content.
      4. 7Chairs may, from time to time modify the TOU and/or PN. If User does not agree to the TOU as amended, User must stop using the Site and/or the Content. 7Chairs will notify User via the Services regarding material changes in the TOU. User is advised that if User does not terminate all use of the Services and/or the Content, or any part thereof, User will be deemed to have accepted the TOU, as amended.

 

  • NO MEDICAL OR EMERGENCY SERVICES. IN CASE YOU SHOULD EXPERIENCE ANY KIND OF MEDICAL SITUATION OR CRISIS (WHETHER MENTAL OR PHYSICAL, EMERGENCY OR OTHERWISE) OR IN CASE YOU SHOULD FEEL SUICIDAL, PLEASE DIAL 911 OR THE SUICIDE HOTLINE DISPLAYED ON THE SITEIMMEDIATELY. 7CHAIRS DOES NOT PROVIDE ANY KIND OF MEDICAL SERVICES OR EMERGENCY SERVICE.
  • NO PSYCHOLOGICAL ADVICE. IN CASE YOU ARE SEEKING PROFESSIONAL PSYCHOLOGICAL COUNSELING, PLEASE REFER TO A PSYCHOTHERAPIST OR A PSYCHOLOGIST. PLEASE NOTE THAT 7CHAIRS DOES IN NO WAY PROVIDE ANY PSYCHOLOGICAL ADVICE. THE SUPPORT PLATFORM IS A PLATFORM ON WHICH GROUP MEMBERS FACING SIMILAR CHALLENGES MAY EXCHANGE THEIR EXPERIENCES, WHILE BEING MODERATED BY A GROUP FACILITATOR. EVEN IF SUCH GROUP FACILITATOR MIGHT BE A PSYCHOLOGIST OR A CLINICAL SOCIAL WORKER, ON THE SUPPORT PLATFORM THE GROUP FACILITATOR WILL SOLELY HOLD THE POSITION OF A GROUP FACILITATOR, AND WILL NOT PROVIDE ANY PSYCHOLOGICAL ASSISTANCE OR ANY OTHER TYPE OF THERAPY.

 

      1. Representations. By using the Services and/or the Content User represents that (i) User is not under 18 years of age, (ii) User is authorized to use the Services and the Content, (iii) User agrees to be bound by the terms of this TOU; (iv) its use of the Services and the Content does not conflict any law applicable to User; and (v) User hereby acknowledges that 7Chairs does not in any way represent, warrant or guarantee any specific outcome or result of User’s use of the Services (including that 7Chairs does not warrant that User will actually obtain any help, assistance, and/or support, or that User will experience any actual improvement with respect to or obtain any solution for User’s life challenges on the Support Platform), and User further acknowledge that 7Chairs does not have any liability with respect to any outcome or result of User’s use of the Services, and User waives any claims with respect to any such outcome or result.

 

  • Group Registration.

 

      1. In order to join a Group User shall go to the page a Support Group page. There User shall click on the link “Register Now for the Group!” with respect to the Group User wishes to join. Under “Join Us” User may insert the requested details (e.g. User’s nickname, i.e. the name under which User will be seen by the other Group  Members Group Facilitator , phone number, email address) and press the “Send” button. 
      2. By pressing the “Send” button User acknowledges and agrees that 7Chairs is under no obligation to contact User within a certain time frame or to contact User at all. 7Chairs does not commit to timely reviewing and/or considering and/or answering User’s request. At its sole discretion, 7Charis may consider User’s request. Subsequently, a Group Facilitator may call User in order to discuss certain topics regarding User’s suitability for the Group. 
      3. Following the call, 7Chairs may at its sole discretion decide whether to send User an invitation to join the Group via email (the “Invitation“), or not. In case User does not receive an Invitation to join the Group, this means that User is not invited. 7Chairs is not obligated to provide User their decision or any reasoning in writing or in any other form.
      4. 7Chairs reserves the right to suggest User to participate in a different Group (i.e. not the Group User chose), if 7Chairs considers another Group to be more suitable for User. User is not obligated to accept 7Chairs’ suggestions, however, User might not be allowed to participate in any other Group, than the one suggested by 7Chairs.
      5. It shall be clarified that the receipt of an Invitation does not constitute a registration to the Group. Rather, the Invitation is a demand for payment of the first month of User’s joining the Group. After User paid and 7Chairs received the amount of money, as provided in the Invitation, in accordance with the payment terms (or as otherwise provided in the Invitation, at 7Chairs’ sole discretion), 7Chairs shall send User a confirmation of User’s registration to the Group, including User’s log-in credentials. A registered User shall be referred to as a “Group Member“. 
      6. A Group Member is entitled to participate in the weekly meetings of the Group (“Meeting“), subject to the terms hereof, and the guidelines which might be provided in the Services and/or by 7Chairs and/or the Group Facilitator from time to time. 
      7. Group Member may request, and the Group Facilitator may at its sole discretion choose to enter into communication, via the phone or other digital communication tools, with any Group Member outside the Support Group, and outside a Meeting, if requested to do so by a Group Member or at its own initiative, in order to discuss issues arising in the Support Group. It shall be clarified that such communication (“External Communication“) is subject to the TOU and the PN, and the provisions of the TOU and the PN shall apply mutatis mutandis to such External Communication.    
      8. To access the Services, User must first enroll to establish an individual Group Member account (“Account”), by providing certain information. User agrees that User will not create more than one Account, or create an Account for anyone other than User without first receiving permission from the other person. 
      9. User agrees to: (i) provide true, accurate, current and complete information about User; and (ii) maintain and promptly update such Account information to keep it true, accurate, current and complete, at all times. 
      10. User shall at all times remain responsible for maintaining the confidentiality of User’s Account password and username (if any) and any other security information related to User’s Account. 7Chairs will not be liable for any loss that User incurs as a result of someone else accessing and using User’s Account, either with or without User’s knowledge.
      11. It shall be clarified that neither 7Chairs nor its affiliates are under any obligation to respond to any messages posted on the Services. User is solely responsible for the information or material User posts on the Services.

 

  • Payment.

 

      1. As provided above, payment shall be conducted in accordance with the terms of the Invitation, on a timely basis, and in accordance with the fee schedule, and the terms and rates published by 7Chairs from time to time(collectively, “Payment Terms“). Such fees and charges (including any taxes and late fees, as applicable) may be charged to the credit card or PayPal accountGroup Member provided during the initial setup of Group Member’s Account. Group Member agrees to maintain valid credit card information in Group Member’s Account. By providing 7Chairs with credit card information Group Member authorizes 7Chairs to bill and charge Group Member’s credit card in accordance with 7Chairs’ Payment Terms.
      2. It shall be clarified that payment shall be made each month up-front & renewed automatiaclly, in accordance with 7Chairs’ Payment Terms.   

 

  • Restrictions of Use. 

 

      1. By logging in to the Services the Group Member undertakes and represents: (i) to strictly comply with the Support Platform’s code of conduct, as attached hereto as Exhibit A; (ii) not to access or use the Services in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these TOU.
      2. Group Member agrees that any kind of content provided and/or exchanged between the Group Members and/or the Group Facilitator is confidential. Group Member undertakes and warrants not to disclose and/or share with any third party any such content, and to keep any such content strictly confidential, both during the participation in the Meeting and at any time thereafter.
      3. While using the Services Group Member shall act and behave in a respectful and polite way towards the Group Facilitator as well as towards the other Group Members. Group Member shall in no way act depreciative, insulting or offensive or in any other improper way while participating in a Meeting or while otherwise using the Services.
      4. User shall not post, use, store or transmit (i) a message or information under a false name (e.g. under the nickname of another Group Member); (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. 
      5. User shall not and shall not attempt to disrupt the operation of the Services in any way, including through use of viruses, Trojan horses, worms, time bombs, spamming, or the like. 
      6. User shall not attempt to gain unauthorized access to any user accounts or computer systems or networks or mobile devices, through hacking, password mining or any other means. User shall not use any robot, scraper or other means to access the Services for any purpose. 
      7. User shall not use the Services in any manner that could damage, disable or impair the Services. 
      8. It shall be clarified that Group Facilitator and/or 7Chairs, at their sole discretion, may block any User and/or Group Member form participating in a Group or from using the Services at any time.

 

  • Termination.

 

      1. Group Member may terminate the TOU and its participation in the Group at any time upon written notice to the 7Chairs and/or by terminating the monthly recurring payment (on the designated field on the Support Platform) (“Termination Notice“), and by leaving the Services.
      2. It shall be clarified that in case of termination by the Group Member, the Group Member shall not be entitled to any kind of refund from 7Chairs. In case 7Chairs receive the Termination Notice or cancelation within three (3) business days prior to the monthly billing date (in accordance with 7Chairs’ Payment Terms), 7Chairs will not charge the Group Member for the month following the receipt of the Termination Notice. 
      3. 7Chairs reserves the right to terminate the Services at any time, in 7Chairs’ sole discretion, with or without notice, for any or no reason.  
      4. In case of termination by 7Chairs before the end of the month for which Group Member has already paid, Group Member shall be entitled to refund of such payment, unless 7Chairs terminated for cause, as determined in 7Chairs’ sole discretion. It shall be clarified that a refund hereunder shall be Group Member’s sole right and remedy, if any, in case of termination by 7Chairs. 
      5. In case 7Chairs and/or the Group Facilitator cancel or postpone a Group Meeting, Group Member is not entitled to any refund. 7Chairs will hold the Group Meeting at a difference time, at 7Chairs’ sole discretion.
      6. In case 7Chairs replaces a certain Group Facilitator by another Group Facilitator, Group Member is not entitled to any refund. 
      7. Without derogating from anything herein, 7Chairs reserves the right, at any time, in 7Chairs’s sole discretion, to change the Services, to block User’s access to the Services and/or to stop (permanently or temporarily) providing, to terminate or disable User’s use of the Services, for any or no reason, with or without prior notice to User or Group Member. 7Chairs will not be responsible if, for any reason, all or any part of the Services or Content is unavailable.

 

  • Free Support Tools.

 

      1. On the page “Free Support Tools” (or as may be otherwise applicable on the Site) 7Chairs may offer certain free trials of its Services, or any part thereof, for a limited period of time (“Free Support Tools“). It shall be clarified that 7Chairs is under no obligation to offer any Free Support Tools to User or Group Member. Upon submission of the required User information in such Free Support Tools field, 7Chairs may choose to provide User with Free Support Tools, all at 7Chairs’s sole discretion. If 7Chairs chooses to provide User with Free Support Tools, the User’s use of the Free Support Tools shall be subject to the TOU and the PN, and any additional terms provided to User with respect to the Free Support Tools by 7Chairs and/or the Group Facilitator. 
      2. 7Chairs shall be entitled to terminate the Free Support Tools at any time and for any reason or for no reason, without any prior notice. 

 

  • Intellectual Property.

 

      1. All title, ownership rights, and intellectual property rights (including all copyrights, patents, trade secret rights and trademarks) in and to the Services and the Content (except for the Third Party Content – as defined below), shall remain in 7Chairs, its affiliates, or their respective licensors, if any. User agrees that nothing contained in the Services and/or the Content shall be construed as granting a license to use any intellectual property right with respect to the Services and/or the Content, except as explicitly provided herein.
      2. User agrees not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, disclose, or circulate any Content received on and/or through the Services to any third party. 
      3. Subject to the terms of this Agreement, 7Chairs hereby grants Group Member a personal, non-exclusive, revocable, limited, and non-transferable license to use the Services to the extent, and only to the extent, necessary to access and use the Support Platform in accordance with the terms hereof, all subject to the compliance of User with the terms hereof, and with any guidelines or policies, as may be provided by 7Chairs and/or the Group Facilitator, from time to time.
      4. The license granted herein does not permit Participate to, and Group Member agrees not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Content and/or the Services, or allow any third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or the like), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Content and/or the Services; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Services to any third party or use the Services to provide any services to third parties.
      5. 7Chairs is always pleased to hear from its Users and Group Members, and welcome their comments or suggestions (“Feedback”). When 7Chairs refers to “Feedback” herein, 7Chairs means: any comment, or suggestion made either on the Site or via the Services to 7Chairs. With regard to such Feedback User represents and warrants that (i) such Feedback is non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary; (ii) 7Chairs is entitled to unrestricted use or disclosure of the Feedback for any purpose whatsoever, all without compensation to the User or the Group Member that submitted the Feedback.

 

  • Third Party Content.

 

      1. The Site and the Content may contain icons and links to third party websites (“Third Party Websites“), as well as other content from third parties (collectively “Third Party Content“). The inclusion of Third Party Websites and/or Third Party Content within the Site and/or the Content does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. 7Chairs has no control over the terms of use and privacy policies of third party websites and User accesses any such third party website at User’s own risk.
      2. Without derogating from the generality of the above, when clicking on certain social media links provided on the Site (e.g. Twitter, Facebook, and Pinterest) User will be transferred to 7Chairs’s sites on such social media (“Social Media Sites“). It shall hereby be clarified that such Social Media Sites are governed by the terms of use and privacy policy of the respective social media and not by 7Chairs.

 

  • Indemnity. Each User and/or Group Member agrees upon 7Chairs’s first demand to indemnify, defend, and hold 7Chairs and its affiliates, licensors, officers, directors, employees, consultants, agents and representatives (collectively, “Affiliates”) harmless from any and all claims, losses, damages, liabilities, actions, or demands, and associated costs and expenses (including without limitation attorneys’ fees) arising out of User’s: (i) use of the Site and/or the Content and/or Free Support Tools; (ii) use of any Third Party Content and/or any other interaction with third parties through the Services; (iii) violation of the terms hereof; (iv) violation of any Group Member’s confidential information; or (iv) violation of any third party’s rights. 7Chairs reserves the right, at such User’s expense, to assume the exclusive defense and control of any matter of indemnification by User hereunder. User shall cooperate fully as reasonably required in the defense of any claim.
  • Disclaimer and Warranties. EACH OF USER AND GROUP MEMBER UNDERSTANDS AND AGREES THAT USER’S OR PATICIPANT’S USE OF 7CHAIRS’S SERVICES AND/OR CONTENT AND/OR FREE SUPPORT TOOLS ARE AT USER’S OWN RISK. 7CHAIRS’ SERVICES AND CONTENT AND FREE SUPPORT TOOLS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 7CHAIRS AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 7CHAIRS AND ITS AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICES AND/OR THE CONTENT AND/OR FREE SUPPORT TOOLS WILL MEET USER’S EXPECTATIONS; (ii) THE SERVICES AND/OR THE CONTENT AND/OR FREE SUPPORT TOOLS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (iii) ANY ERRORS IN THE SERVICES AND/OR THE CONTENT AND/OR FREE SUPPORT TOOLS WILL BE CORRECTED. ANY CONTENT AND/OR THE SERVICES AND/OR FREE SUPPORT TOOLS ARE ACCESSED AT USER’S OR GROUP MEMBER’S OWN DISCRETION AND RISK, AND USER AND/OR GROUP MEMBER WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVES ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE THAT RESULTS FROM THE SERVICES, THE CONTENT, THE FREE SUPPORT TOOLS AND/OR THE DOWNLOAD THEREOF, INCLUDING BUT NOT LIMITED TO ANY VIOLATION OF THE USER’S CONFIDENTIAL INFORMATION, ANY DAMAGE TO THE SERVICES OR ANY COMPUTER SYSTEM, ANY MOBILE DEVICE, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICES CAUSED BY USER OR GROUP MEMBER OR ANY PERSON USING GROUP MEMBER’S LOG-IN CREDENTIALS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER OR GROUP MEMBER FROM 7CHAIRS OR THROUGH OR FROM THE SERVICES AND/OR THE CONTENT AND/OR FREE SUPPORT TOOLS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU. 7CHAIRS CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATION INFRASTRUCTURE, OR THE INTERNET, OR FOR USER’S MISUSE OF ANY HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICES.
  • Limitation of Liability. 

 

      1. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES AND/OR THE CONTENT AND/OR FREE SUPPORT TOOLS, USER AGREES THAT USER’S SOLE REMEDY IS TO CEASE USING THE SERVICES AND/OR THE CONTENT AND/OR FREE SUPPORT TOOLS. UNDER NO CIRCUMSTANCES SHALL 7CHAIRS, OR ITS AFFILIATES, INCULUDING WITHOUT LIMITATIONS, THE GROUP FACILITATOR, IN ANY WAY FOR USER’S USE OF THE SERVICES AND/OR THE CONTENT AND/OR FREE SUPPORT TOOLS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
      2. IN NO EVENT SHALL 7CHAIRS OR ITS AFFILIATES (INCULUDING WITHOUT LIMITATIONS, THE GROUP FACILITATOR) BE LIABLE TO USER OR GROUP MEMBER OR ANY THIRD PARTY FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS (EVEN IF 7CHAIRS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES AND/OR THE CONTENT AND/OR FREE SUPPORT TOOLS; OR (ii) ANY HEALTH MATTER OR DETERIORATION OF THE HEALTH OF THE USER OR OF THE GROUP MEMBER, OCCURING DURING OR AFTER THE USE OF THE SERVICES BY THE USER OR THE GROUP MEMBER; OR (iii) ANY OTHER MATTER RELATING TO THE USER’S OR THE GROUP MEMBER’S USE OF THE SERVICES AND/OR THE CONTENT AND/OR FREE SUPPORT TOOLS OR THESE TOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 7CHAIRS’S TOTAL LIABILITY TO USER OT GROUP MEMBER OR TO ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE HIGHER OF (I) THE FEES PAID BY THE GROUP MEMBER FOR THE MONTH IN WHICH THE CLAIM OCCURRED; OR (II) FIVE TIMES THE AVERAGE FEES PAYABLE BY A GROUP MEMBER TO 7CHAIRS. THE AFORESAID LIMIT SHALL NOT BE ENLARGED BY THE EXISTENCE OF MULTIPLE CLAIMS. NO ACTION ARISING HEREUNDER REGARDLESS OF ITS FORM MAY BE BROUGHT BY USER MORE THAN 60 DAYS AFTER THE CAUSE OF ACTION HAS ACCRUED.

 

  • Miscellaneous.

 

    1. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.  To the extent that the Services and/or the Content, or any portion thereof, conflicts or is inconsistent with the TOU, the TOU shall prevail. 
    2.  7Chairs’s failure to enforce any provision of the TCOU shall not be deemed a waiver of such provision nor of the right to enforce such provision. 
    3.  7Chairs’s rights under the TOU shall survive any expiration or termination of the TOU.
    4. The TOU shall be governed by the laws of the State of Israel without regard to the principles of conflict of law. The courts of Tel Aviv, Israel shall have exclusive jurisdiction to adjudicate any dispute arising out of the TOU. 

Exhibit A

 

Code of Conduct

 

Please make sure you join the Support Group on time.

During the sessions try to devote yourself to the experience. 

Turn off or disable any potential distractions, for example text messages, television in the background or interacting with others outside of the Support Group.

Please respect all Group Members in the Support Group and each of the Group Member’s individual anonymity.

Be patient to the typing capabilities of others, some may type faster than others.

When referring to a certain Group Member, please indicate the name of the Group Member you are responding to so that it is clear who you are directing your comments to.



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