Terms of Use
Updated Date: October 31, 2025
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE.
These Terms of Use along with our Privacy Policy (“Terms”) govern your access to and use of services provided by Guide Care, Inc., d/b/a Alongside (“Alongside”, “we,” or “us,”), the Alongside website located at www.alongside.care and the Alongside mobile application (collectively, the “Services”).
ARBITRATION NOTICE
Except for certain kinds of disputes described in Section 13, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by an arbitrator and NOT a judge or jury.
AGE AND ELIGIBILITY REQUIREMENTS
BY USING THE SERVICES, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS, OR, IF YOU ARE NOT, THAT YOU ARE EITHER 13 YEARS OR OLDER, OR HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS.
If you are a school and are accepting these Terms on behalf of the parents of your students (“School”), you agree to the Terms on behalf of such parents and confirm that you are authorized to do so. In these cases, School may act as the parent’s agent and can consent under the Children's Online Privacy Protection Act (COPPA) and to the collection of student’s information on the parent’s behalf.
AI TRANSPARENCY NOTICE
When you use the chat features of the Service, you are interacting with artificial intelligence. You are not communicating with a human being. All responses are generated by an AI system. Our Servies provide wellness guidance. We do not diagnose or treat medical conditions and, therefore, are not a licensed mental health professional and cannot provide therapy, psychotherapy, counseling, or clinical mental health services, and we are not a substitute for those services.
Reminder: Take a Break
If you are a minor, we limit the number of prompts you can submit to our Chatbot (you will be forced to take a break every 3 hours).
Crisis Support and Safety Protocols
If you are experiencing a mental health crisis or having thoughts of suicide or self-harm:
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE.
These Terms of Use along with our Privacy Policy (“Terms”) govern your access to and use of services provided by Guide Care, Inc., d/b/a Alongside (“Alongside”, “we,” or “us,”), the Alongside website located at www.alongside.care and the Alongside mobile application (collectively, the “Services”).
ARBITRATION NOTICE
Except for certain kinds of disputes described in Section 13, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by an arbitrator and NOT a judge or jury.
AGE AND ELIGIBILITY REQUIREMENTS
BY USING THE SERVICES, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS, OR, IF YOU ARE NOT, THAT YOU ARE EITHER 13 YEARS OR OLDER, OR HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS.
If you are a school and are accepting these Terms on behalf of the parents of your students (“School”), you agree to the Terms on behalf of such parents and confirm that you are authorized to do so. In these cases, School may act as the parent’s agent and can consent under the Children's Online Privacy Protection Act (COPPA) and to the collection of student’s information on the parent’s behalf.
AI TRANSPARENCY NOTICE
When you use the chat features of the Service, you are interacting with artificial intelligence. You are not communicating with a human being. All responses are generated by an AI system. Our Servies provide wellness guidance. We do not diagnose or treat medical conditions and, therefore, are not a licensed mental health professional and cannot provide therapy, psychotherapy, counseling, or clinical mental health services, and we are not a substitute for those services.
Reminder: Take a Break
If you are a minor, we limit the number of prompts you can submit to our Chatbot (you will be forced to take a break every 3 hours).
Crisis Support and Safety Protocols
If you are experiencing a mental health crisis or having thoughts of suicide or self-harm:
- Call or text 988 (Suicide & Crisis Lifeline) — Available 24/7
- Text "HELLO" to 741741 (Crisis Text Line)
- Call 911 if you are in immediate danger
1. Use of the Services.
The Services include modules such as journaling, activities to support improved wellness (such as breathing exercises), and an AI-powered chatbot that uses chats to go through basic exercises that promote resilience, self-monitoring, or goal setting. The Service provides educational content, wellness support, peer-like conversation and self-help resources designed to: offer general information and coping strategies, provide skill-building exercises and activities, support self-reflection and personal growth, and connect you with crisis resources when needed.
The use and access to the Services is offered to children under the age of 18. Where a child under the age of 13 desires to access or use the Services they must obtain an access code from their parent. The Service may also be administered through a School’s counseling team, and in such case access will be provided to children under 18 by their educational institution.
If you are a child/student user, the Services will notify your parent or personnel at your School when you request it or you confirm that you have a Severe Issue (as defined below). The personnel that we notify may include, but is not limited to, your school counselor, psychologist, social worker, or school administrator. Any interaction with school support personnel is not considered part of the Services provided by Alongside. School support personnel may encourage use of the Services by a student, in their discretion, strictly for the purpose of skill-building and self-help wellness. This does not mean that the Services are a treatment of any kind.
The use and access to the Services is offered to children under the age of 18. Where a child under the age of 13 desires to access or use the Services they must obtain an access code from their parent. The Service may also be administered through a School’s counseling team, and in such case access will be provided to children under 18 by their educational institution.
If you are a child/student user, the Services will notify your parent or personnel at your School when you request it or you confirm that you have a Severe Issue (as defined below). The personnel that we notify may include, but is not limited to, your school counselor, psychologist, social worker, or school administrator. Any interaction with school support personnel is not considered part of the Services provided by Alongside. School support personnel may encourage use of the Services by a student, in their discretion, strictly for the purpose of skill-building and self-help wellness. This does not mean that the Services are a treatment of any kind.
2. Payment for the Services & Updates to the Terms.
The Service is offered on a subscription basis (annual or monthly) and is prepaid for the applicable period of usage. In some cases, we may offer a free trial period of up to seven (7) days. If you do not cancel your subscription before the end of the free trial period, you will be charged the applicable subscription fee. Payment for the Service must be made by credit card or other payment method we make available. By providing your payment information, you authorize us to charge your payment method for the applicable subscription fee at the beginning of each subscription period. Your subscription will automatically renew at the end of each subscription period (monthly or annual, as applicable) unless you cancel your subscription prior to the renewal date. You may cancel your subscription at any time through your account settings or, if you subscribed through iOS, through your iOS account settings. Upon cancellation, you will continue to have access to the Service through the end of your then-current subscription period, but no refunds will be provided for any unused portion of your subscription. All sales are final. If you are a parent of a child under the age of 13, you must register and pay for the Service on behalf of your child.
Where the Service is offered through a School, all payments to Alongside for the use of the Service by the School pursuant to Alongside’s agreement with that School. Students will no longer be able to access the Services if the School terminates their agreement with Alongside.
We reserve the right to change or update these Terms from time to time by posting changes to these Terms with a new effective date. Where applicable law requires us to notify you of certain changes, we will notify you of those changes in accordance with applicable law. If you are a School, we will notify you in accordance with our agreement with you or otherwise in accordance with applicable law.
If you do not agree with the proposed changes, you should discontinue your use of the Services. If You continue using the Services after the updated date, or after our provision of notice to you, as applicable, you agree to be bound by the updated Terms as modified.
Where the Service is offered through a School, all payments to Alongside for the use of the Service by the School pursuant to Alongside’s agreement with that School. Students will no longer be able to access the Services if the School terminates their agreement with Alongside.
We reserve the right to change or update these Terms from time to time by posting changes to these Terms with a new effective date. Where applicable law requires us to notify you of certain changes, we will notify you of those changes in accordance with applicable law. If you are a School, we will notify you in accordance with our agreement with you or otherwise in accordance with applicable law.
If you do not agree with the proposed changes, you should discontinue your use of the Services. If You continue using the Services after the updated date, or after our provision of notice to you, as applicable, you agree to be bound by the updated Terms as modified.
3. Account Registration and Security.
Users may only use the Services for their own personal, educational and non-commercial use. To access certain features of the Services, you must create an account via the Services. As part of registering for an account you must provide us with accurate and complete information and update such information as needed. You are responsible for protecting your account username and password, and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be responsible for any loss or damage if you do not protect your account or your personal information.
Alongside accounts are not transferable. You agree to not sell, transfer, or exchange your Alongside account. By registering for an account and using and/or accessing the Services, you warrant that: (a) all information you submit is truthful, accurate, and up to date; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not and will not violate these Terms or any applicable law.
Alongside accounts are not transferable. You agree to not sell, transfer, or exchange your Alongside account. By registering for an account and using and/or accessing the Services, you warrant that: (a) all information you submit is truthful, accurate, and up to date; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not and will not violate these Terms or any applicable law.
4. Children’s Online Privacy Protection Act (“COPPA”).
If you are a School and you allow students who are under the age of 13 to create accounts to access the Services, you represent and warrant that (a) the School uses the Services for educational purposes; (b) that you have obtained verifiable parental consent for each student under the age of 13 to use the Services. As permitted by COPPA, we rely on the School, acting as an agent of the student’s parents/guardians, to provide consent and authorization regarding use of the Services and collection of the personal information. By consenting on behalf of a student’s parent, you, the School and an authorized agent of parent/legal guardian, acknowledge the following:
- You have (and can verify having) the authority to consent on behalf of a student’s parent/legal guardian.
- You have read the Privacy Policy and understand that if consent is obtained, we intend to collect personal information from the student, as well as the information described in the Privacy Policy for the purposes outlined in the Privacy Policy and these Terms.
- You have received the required Direct Notice.
- You or a parent/legal guardian may refuse to allow a student to access and use the Services at any time, and may require the deletion of your contact information by sending an email to privacy@alongside.care.
5. FERPA and California AB 1584.
Regarding FERPA and California AB 1584 (Buchanan) Privacy of Pupil Records: 3rd-Party Digital Storage & Education Software (Education Code section 49073.1), and any similar applicable laws, Alongside will abide to the following:Regarding FERPA and California AB 1584 (Buchanan) Privacy of Pupil Records: 3rd-Party Digital Storage & Education Software (Education Code section 49073.1), Alongside will abide to the following:
- Student records obtained by Alongside from an educational institution continue to be the property of and under the control of the educational institution. The educational institution retains full ownership rights to the personal information and education records it provides to Alongside.
- Alongside users (and their parents/legal guardians) may retain possession and control of their own generated content on the Services.
- Alongside will not use any information in a student record for any purpose other than those required or specifically permitted by these Terms and the Privacy Policy.
- Parents/legal guardians, or the student may review personal information about that student’s records and correct erroneous information by contacting their educational institution. Additionally, users (and their parent/legal guardian) may access, correct, update, or delete personal information in their profile by signing into the Services, accessing their account, and making the appropriate changes.
- Alongside is committed to maintaining the security and confidentiality of student records. Towards this end, we take the following actions: (a) we limit employee access to student personal information to only those employees with a need to such access to fulfill their job responsibilities; (b) we conduct regular employee privacy and data security training and education; and (c) we protect student personal information with technical, contractual, administrative, and physical security safeguards in order to protect against unauthorized access, release or use.
- In the event of an unauthorized disclosure of a student’s personal information, we will promptly notify users, unless specifically directed not to provide such notification by law enforcement officials. Notification shall identify: (a) the date and nature of the unauthorized use or disclosure; (b) the personal information used or disclosed; (c) general description of what occurred including who made the unauthorized use or received the unauthorized disclosure; (d) what Alongside has done or shall do to mitigate any effect of the unauthorized use or disclosure; (e) what corrective action Alongside has taken or shall take to prevent future similar unauthorized use or disclosure; and (f) who at Alongside the user can contact for more information. We will keep the user fully informed until the incident is resolved.
- Alongside will delete or de-identify personal information as described below in these Terms, including upon expiration or termination of our agreement with an educational institution, graduation of the applicable student, or if the user deletes their account within the Services. Any deletion or de-identification to be completed according to the terms of our agreement with the educational institution, or at the direction or request of the educational institution.
- Alongside agrees to work with educational institutions to ensure compliance with FERPA, including by providing parents/legal guardians or the student with the ability to inspect and review that student’s record and to correct any inaccuracies therein as described above.
- Alongside does not use student personal information to for advertising purposes, including targeted advertising. We do not sell student personal information. We only share student information with third party service providers that we engaged to assist us in the provision of the Services, and we require those third party service providers to agree to terms that are substantially similar as the terms in this Section.
6. Termination of the Service
A user may terminate their use of the Services at any time by deleting the application or account within the Services. We may terminate your use of the Services at any time by sending notice to you at the email address you last provided to us or otherwise contacting you or posting a notice in the Services. If you use the Services through your School, the School may also terminate your use of the Services.
If we terminate your use of the Services for any reason, including due to your breach of these Terms or any other agreement you have entered into with us, you will not be entitled to any refund. We are not required to provide you with notice prior to terminating your use of the Services or with a reason for such termination.
If we terminate your use of the Services for any reason, including due to your breach of these Terms or any other agreement you have entered into with us, you will not be entitled to any refund. We are not required to provide you with notice prior to terminating your use of the Services or with a reason for such termination.
7. Prohibited Use of the Services.
The following is a non-exhaustive list of the type of actions that you agree not to take, and acknowledge that you are prohibited from taking with respect to your access and use of the Services:
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, “data mine”, or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Services or its contents.
- You will not interfere, access, tamper with or disrupt the Services or the servers or networks connected to the Services.
- You will not interfere with any security features of the Services, or any age-verification features.
- You will not access or attempt to access portions of the Services which you are not authorized to access.
- You will not attempt to bypass any AI safety guardrails, deliberately try to make AI-chatbots say harmful things, socially engineer AI-chatbots, or manipulate AI-chatbots to behave inappropriately.
- You will not attempt to extract any training data from our AI features or tools.
- You will not attempt to probe, scan or test the vulnerability of the Services or any of our systems or network or breach any security or authentication measures.
- You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent.
- You will not use the Services or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms.
- You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity.
- You will not use, display, “frame” or “mirror” any part of the Services, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us.
- You will not use the Services to collect, store or transmit any personal information of a third party, including personal information, from other users without their express permission.
- You will not impersonate or attempt to impersonate any person, create a false name or identity for the purpose of deceiving another user or any other person, or misrepresent your identity or age.
- You will not make false safety reports for the purpose of deceiving any person, you will not use AI features of the Services to trigger false safety reports, or otherwise test the AI safety notification features.
- You will not misrepresent AI content pretending AI said something it didn't to get others in trouble.
- You will not use the Services to harass or bully any person, or to promote violence of any kind.
- You will not use the Services in an illegal or unethical manner.
- You will not use the Services to transmit material that is pornographic, glorifies self-harm, or that is illegal.
- You will not use the Services to distribute or share the personal information of any third party.
8. Intellectual Property Rights & Licenses
We and our licensors retain all ownership rights, title, and interest (including all intellectual property rights) worldwide to the Services, including to all software and Service-provided content. No rights are granted to You other than as expressly set forth in these Terms. All trademarks, service marks and trade names are owned by Alongside or other respective owners.
Subject to your compliance with these Terms, if you are a user, we grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to access and use the Services, which includes the right to download the mobile application and install it on your device, solely for your personal, educational and non-commercial purposes. Your use of the Services must be in accordance with all applicable laws. You acknowledge that you do not hold, and have not acquired, any ownership rights in the Services.
The Services allow users submit information or content to the Services, including prompts, journal entries, chats, student information, meta data, output from AI prompts that are specific to you, etc. (“User Data”). Where a user accesses the Services through a School, as between us and the School, the School owns all right, title and interest in and to such User Data, subject to any parental/legal guardian rights in the same. Where a user accesses the Services independent of any school, that user (or their parent/legal guardian), owns all right, title and interest in and to their User Data.
You hereby grant Alongside a worldwide, perpetual, irrevocable, transferable, royalty-free, and non-exclusive license to access and use User Data for the sole purpose of enabling Alongside to provide the Services, to improve our services (including to train AI models) and for the limited purposes set forth in Our Privacy Policy. This includes the right to train our artificial intelligence models. Where required by applicable law, you have the right to revoke this license.
We appreciate Your feedback, suggestions, and other communications (collectively, “Feedback”) about the Services. If you provide Feedback, such Feedback constitutes are intellectual property and confidential information upon your submission of Feedback to us. We may use your Feedback without restriction or any obligation to compensate You, and we have no obligation to keep Feedback confidential.
Subject to your compliance with these Terms, if you are a user, we grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to access and use the Services, which includes the right to download the mobile application and install it on your device, solely for your personal, educational and non-commercial purposes. Your use of the Services must be in accordance with all applicable laws. You acknowledge that you do not hold, and have not acquired, any ownership rights in the Services.
The Services allow users submit information or content to the Services, including prompts, journal entries, chats, student information, meta data, output from AI prompts that are specific to you, etc. (“User Data”). Where a user accesses the Services through a School, as between us and the School, the School owns all right, title and interest in and to such User Data, subject to any parental/legal guardian rights in the same. Where a user accesses the Services independent of any school, that user (or their parent/legal guardian), owns all right, title and interest in and to their User Data.
You hereby grant Alongside a worldwide, perpetual, irrevocable, transferable, royalty-free, and non-exclusive license to access and use User Data for the sole purpose of enabling Alongside to provide the Services, to improve our services (including to train AI models) and for the limited purposes set forth in Our Privacy Policy. This includes the right to train our artificial intelligence models. Where required by applicable law, you have the right to revoke this license.
We appreciate Your feedback, suggestions, and other communications (collectively, “Feedback”) about the Services. If you provide Feedback, such Feedback constitutes are intellectual property and confidential information upon your submission of Feedback to us. We may use your Feedback without restriction or any obligation to compensate You, and we have no obligation to keep Feedback confidential.
9. Limitation of Liability; Disclaimers
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE RESPONSIBLE TO YOU FOR ANY LOSS OR DAMAGE, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL LOSSES OR DAMAGES, REGARDLESS OF LEGAL THEORY (BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR UNDER ANY EQUITABLE THEORY), RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, OR RESULTING FROM ANY USER DATA OR CONTENT POSTED ON OR THROUGH THE SERVICES OR OTHERWISE MADE AVAILABLE. THE FOREGOING INCLUDES, WITHOUT LIMITATION, DAMAGES OR LOSSES RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES OR DEATH OR PERSONAL INJURY, AND APPLIES EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR ENTIRE AGGREGATE LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE SERVICES IS LIMITED TO THE GREATER OF $100.00 OR THE AMOUNTS PAID BY YOU TO US FOR ACCESS TO AND USE OF SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, INCLUDING WITH RESPECT TO ANY PERSONAL INJURY OR DEATH.
YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. FURTHERMORE, WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
WE DO NOT PROVIDE MEDICAL ADVICE. WE DO NOT DIAGNOSE OR TREAT MEDICAL OR MENTAL HEALTH CONDITIONS. ANY INFORMATION THAT MAY BE POSTED ON THE SERVICES IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY MEDICAL OR OTHER ADVICE. NO LICENSED CLINICAL PROFESSIONAL-PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION AND/OR SERVICES PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM US. THE CONTENT OF THE SERVICES ARE NOT AND SHOULD NOT BE CONSIDERED CLINICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL CLINICAL ADVICE, DIAGNOSIS OR TREATMENT. IF THE SERVICES PROVIDE YOU WITH ANY POTENTIALLY ACTIONABLE INFORMATION, THIS INFORMATION IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND FOR DISCUSSION WITH YOUR THERAPIST, PHYSICIAN OR OTHER QUALIFIED MEDICAL PROFESSIONAL. WE ARE NOT RESPONSIBLE FOR ANY MEDICAL ADVICE PROVIDED TO A USER BY A SCHOOL COUNSELOR (OR SIMILAR POSITION) OR A USER’S CHILD BY MEDICAL PROFESSIONALS. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING THE GENERAL INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SERVICES.
THE SERVICES ARE INTENDED FOR USE ONLY WITHIN THE UNITED STATES AND ITS TERRITORIES. WE MAKE NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE, OR ARE AVAILABLE FOR USE, OUTSIDE THE U.S. THOSE WHO CHOOSE TO ACCESS AND USE OUR SERVICES FROM OUTSIDE THE U.S. DO SO ON THEIR OWN INITIATIVE, AT THEIR OWN RISK, AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS.
To the fullest extent permitted by applicable law, you release Alongside (and our shareholders, officers, directors, employees, service providers, and other representatives) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of your use of the Services, or related to disputes between users and/or the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor", as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR ENTIRE AGGREGATE LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE SERVICES IS LIMITED TO THE GREATER OF $100.00 OR THE AMOUNTS PAID BY YOU TO US FOR ACCESS TO AND USE OF SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, INCLUDING WITH RESPECT TO ANY PERSONAL INJURY OR DEATH.
YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. FURTHERMORE, WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
WE DO NOT PROVIDE MEDICAL ADVICE. WE DO NOT DIAGNOSE OR TREAT MEDICAL OR MENTAL HEALTH CONDITIONS. ANY INFORMATION THAT MAY BE POSTED ON THE SERVICES IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY MEDICAL OR OTHER ADVICE. NO LICENSED CLINICAL PROFESSIONAL-PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION AND/OR SERVICES PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM US. THE CONTENT OF THE SERVICES ARE NOT AND SHOULD NOT BE CONSIDERED CLINICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL CLINICAL ADVICE, DIAGNOSIS OR TREATMENT. IF THE SERVICES PROVIDE YOU WITH ANY POTENTIALLY ACTIONABLE INFORMATION, THIS INFORMATION IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND FOR DISCUSSION WITH YOUR THERAPIST, PHYSICIAN OR OTHER QUALIFIED MEDICAL PROFESSIONAL. WE ARE NOT RESPONSIBLE FOR ANY MEDICAL ADVICE PROVIDED TO A USER BY A SCHOOL COUNSELOR (OR SIMILAR POSITION) OR A USER’S CHILD BY MEDICAL PROFESSIONALS. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING THE GENERAL INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SERVICES.
THE SERVICES ARE INTENDED FOR USE ONLY WITHIN THE UNITED STATES AND ITS TERRITORIES. WE MAKE NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE, OR ARE AVAILABLE FOR USE, OUTSIDE THE U.S. THOSE WHO CHOOSE TO ACCESS AND USE OUR SERVICES FROM OUTSIDE THE U.S. DO SO ON THEIR OWN INITIATIVE, AT THEIR OWN RISK, AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS.
To the fullest extent permitted by applicable law, you release Alongside (and our shareholders, officers, directors, employees, service providers, and other representatives) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of your use of the Services, or related to disputes between users and/or the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor", as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
10. AI-Specific Disclosures and Disclaimers & Text Messaging.
The Services include an AI-powered chatbot (“Chatbot”) that uses chats to go through with the student basic exercises that promote resilience, self-monitoring, or goal setting. The Chatbot uses artificial intelligence along with pre-programmed responses that have been reviewed by behavioral health professionals. The Chatbot is not a human nor is it monitored by a human and it cannot detect or offer advice on issues it does not recognize. The Chatbot has been programmed to attempt to recognize if a student writes about considering self-harm, considering harming someone else, or being abused (“Severe Issue”) and provide a nationwide phone number and texting service to help the student access immediate help from a trained professional available 24/7. Additionally, the Service will send an electronic notification to the student’s school personnel, who may be able to respond during school hours. However, immediate response is not guaranteed.
INDIVIDUALS IN IMMEDIATE DANGER SHOULD CALL 911 OR OTHER EMERGENCY SERVICES DIRECTLY. THE SERVICES ARE NOT A CRISIS INTERVENTION SERVICE, SUICIDE HOTLINE, OR EMERGENCY RESPONSE SYSTEM. IN THE EVENT OF A MENTAL HEALTH EMERGENCY, STUDENTS SHOULD IMMEDIATELY CONTACT 911, THE 988 SUICIDE & CRISIS LIFELINE, OR OTHER APPROPRIATE EMERGENCY SERVICES. DO NOT RELY ON THE SERVICES FOR EMERGENCY ASSISTANCE.
The Chatbot will not always recognize a Severe Issue and may also recognize it falsely at times. The Services, therefore, cannot be relied upon as a Severe Issue detection service and we are not responsible for any failures by the Chatbot to detect a Severe Issue or provide any information regarding services available to the student. THE SERVICES RELY ON SELF-REPORTED INFORMATION FROM STUDENTS. ALONGSIDE DOES NOT VERIFY THE ACCURACY OR COMPLETENESS OF USER-SUBMITTED INFORMATION. JOURNALING CONTENT AND ACTIVITY RESPONSES ARE NOT MONITORED IN REAL-TIME BY PROFESSIONALS.
AI-generated responses may contain errors, inaccuracies, or inappropriate suggestions despite safety measures. The Chatbot may misunderstand context, sarcasm, or nuanced language, and it may not understand cultural, linguistic, or personal contexts. You should not rely solely on AI responses for important decisions or crisis situations. AI-GENERATED CONTENT SHOULD NOT BE RELIED UPON AS FACTUAL, COMPLETE, OR SUITABLE FOR ANY PARTICULAR SITUATION. THE CHATBOT IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT, HUMAN INTERACTION, OR QUALIFIED MENTAL HEALTH SERVICES. SCHOOL AND/OR PARENTAL/GUARDIAN SUPERVISION IS RECOMMENDED, ESPECIALLY FOR YOUNGER USERS.
Conversations with the AI are stored and may be reviewed by Alongside, the School and the user’s parent/guardian.
We may send you text (SMS) messages to the phone number you provide us. These messages may include operational messages about your use of the Service. We only send operational text messages are essential to the Service. If you do not wish to receive operational text messages from us, do not use the Service. Text messages may be sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.
When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
INDIVIDUALS IN IMMEDIATE DANGER SHOULD CALL 911 OR OTHER EMERGENCY SERVICES DIRECTLY. THE SERVICES ARE NOT A CRISIS INTERVENTION SERVICE, SUICIDE HOTLINE, OR EMERGENCY RESPONSE SYSTEM. IN THE EVENT OF A MENTAL HEALTH EMERGENCY, STUDENTS SHOULD IMMEDIATELY CONTACT 911, THE 988 SUICIDE & CRISIS LIFELINE, OR OTHER APPROPRIATE EMERGENCY SERVICES. DO NOT RELY ON THE SERVICES FOR EMERGENCY ASSISTANCE.
The Chatbot will not always recognize a Severe Issue and may also recognize it falsely at times. The Services, therefore, cannot be relied upon as a Severe Issue detection service and we are not responsible for any failures by the Chatbot to detect a Severe Issue or provide any information regarding services available to the student. THE SERVICES RELY ON SELF-REPORTED INFORMATION FROM STUDENTS. ALONGSIDE DOES NOT VERIFY THE ACCURACY OR COMPLETENESS OF USER-SUBMITTED INFORMATION. JOURNALING CONTENT AND ACTIVITY RESPONSES ARE NOT MONITORED IN REAL-TIME BY PROFESSIONALS.
AI-generated responses may contain errors, inaccuracies, or inappropriate suggestions despite safety measures. The Chatbot may misunderstand context, sarcasm, or nuanced language, and it may not understand cultural, linguistic, or personal contexts. You should not rely solely on AI responses for important decisions or crisis situations. AI-GENERATED CONTENT SHOULD NOT BE RELIED UPON AS FACTUAL, COMPLETE, OR SUITABLE FOR ANY PARTICULAR SITUATION. THE CHATBOT IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT, HUMAN INTERACTION, OR QUALIFIED MENTAL HEALTH SERVICES. SCHOOL AND/OR PARENTAL/GUARDIAN SUPERVISION IS RECOMMENDED, ESPECIALLY FOR YOUNGER USERS.
Conversations with the AI are stored and may be reviewed by Alongside, the School and the user’s parent/guardian.
We may send you text (SMS) messages to the phone number you provide us. These messages may include operational messages about your use of the Service. We only send operational text messages are essential to the Service. If you do not wish to receive operational text messages from us, do not use the Service. Text messages may be sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.
When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
11. Indemnification
You agree to indemnify and hold Alongside harmless from and against all damages, losses, and expenses of any kind (including reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of any of these Terms; (b) any user content that you post or otherwise contribute; (c) any activity in which you engage on or through the Services; and (d) your violation of any law or the rights of a third party.
12. Exclusive Remedy.
If You are dissatisfied with the Services, your sole and exclusive remedy, beyond any remedy is to stop using the Services.
13. Dispute Resolution.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Alongside and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND ALONGSIDE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
GOVERNING LAW
These Terms are governed by the laws of the State of Washington without regard to conflict of law principles. You and Alongside submit to the personal and exclusive jurisdiction of the state courts and federal courts located within King County, Washington for resolution of any lawsuit or court proceeding permitted under these Terms.
INFORMAL DISPUTE RESOLUTION
For any dispute or claim that you have against Alongside or relating in any way to the Services, you agree to first contact Alongside and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Alongside by email at support@alongside.care or by certified mail addressed to 301 Union St, Unit 21867, Seattle, WA 98111. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. You agree that this dispute resolution process must be followed prior to you initiating any arbitration or filing a claim against Alongside. You and Alongside agree that any dispute arising out of or related to these Terms or our Services is personal to you and Alongside and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. Except for small claims disputes in which you or Alongside seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Alongside seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Alongside waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court.
AGREEMENT TO ARBITRATE
If you and Alongside cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, both parties agree that any unresolved controversy or claim arising out of or relating to these Terms, or the breach thereof, or the Services shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. You hereby consent to the Mass Arbitration Supplementary Rules where applicable, and, where applicable, the Mass Arbitration Supplementary Rules shall be included in the defined term “AAA Rules.” The most recent version of the AAA Rules is available at https://www.adr.org/Rules and are hereby incorporated by reference. All disputes submitted to AAA will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in King County, Washington or if your claim does not exceed $10,000 then the arbitration will be conducted solely on the basis of the documents you and Alongside submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. You either acknowledge and agree that you have read and understand the AAA Rules or waive your opportunity to read the AAA Rules and waive any claim that the AAA Rules are unfair or should not apply for any reason.
BATCH ARBITRATION
To promote efficient handling of arbitration claims, if multiple similar claims are filed against Alongside within reasonably close temporal proximity, by or with the help of an entity or coordinated group of entities, whether or not such claims are filed simultaneously, the AAA will promptly take steps to administer the claims in batches. Each batch will be considered as a single consolidated arbitration and be appointed one arbitrator and with one set of filing and administrative fees per side, one procedural calendar, one hearing (if any), and one final award. The arbitrator will take other steps as necessary for a speedy and efficient resolution of the claims. Claims are of a “substantially similar nature" if they arise out of or relate to the same event or facts, raise similar legal issues and/or causes of action, and seek similar relief. If we disagree on whether this batch arbitration process applies, the AAA will appoint an arbitrator to decide that issue, whose fees will be paid by Alongside and who may prescribe procedures needed to resolve the disagreement. This batch arbitration process does not authorize a class, collective, consolidated, joint, or mass arbitration or action other than as may be set forth in this Section.
ARBITRATOR'S DECISION
You and Alongside agree that these Terms affect interstate commerce, and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
The arbitrator, Alongside, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Alongside agree that for any arbitration you initiate, you will pay the filing fee and Alongside will pay the remaining AAA fees and costs. For any arbitration initiated by Alongside, Alongside will pay all AAA fees and costs. However, if the arbitrator decides that either the substance of either party’s claim or the remedy either party asked for is frivolous or was brought for an improper purpose, such party will be responsible for all filing, administrative, and arbitrator fees and the other party’s attorneys’ fees. You and Alongside agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Alongside will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by sending an email to support@alongside.care. To be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this Section.
If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND ALONGSIDE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
GOVERNING LAW
These Terms are governed by the laws of the State of Washington without regard to conflict of law principles. You and Alongside submit to the personal and exclusive jurisdiction of the state courts and federal courts located within King County, Washington for resolution of any lawsuit or court proceeding permitted under these Terms.
INFORMAL DISPUTE RESOLUTION
For any dispute or claim that you have against Alongside or relating in any way to the Services, you agree to first contact Alongside and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Alongside by email at support@alongside.care or by certified mail addressed to 301 Union St, Unit 21867, Seattle, WA 98111. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. You agree that this dispute resolution process must be followed prior to you initiating any arbitration or filing a claim against Alongside. You and Alongside agree that any dispute arising out of or related to these Terms or our Services is personal to you and Alongside and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. Except for small claims disputes in which you or Alongside seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Alongside seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Alongside waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court.
AGREEMENT TO ARBITRATE
If you and Alongside cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, both parties agree that any unresolved controversy or claim arising out of or relating to these Terms, or the breach thereof, or the Services shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. You hereby consent to the Mass Arbitration Supplementary Rules where applicable, and, where applicable, the Mass Arbitration Supplementary Rules shall be included in the defined term “AAA Rules.” The most recent version of the AAA Rules is available at https://www.adr.org/Rules and are hereby incorporated by reference. All disputes submitted to AAA will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in King County, Washington or if your claim does not exceed $10,000 then the arbitration will be conducted solely on the basis of the documents you and Alongside submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. You either acknowledge and agree that you have read and understand the AAA Rules or waive your opportunity to read the AAA Rules and waive any claim that the AAA Rules are unfair or should not apply for any reason.
BATCH ARBITRATION
To promote efficient handling of arbitration claims, if multiple similar claims are filed against Alongside within reasonably close temporal proximity, by or with the help of an entity or coordinated group of entities, whether or not such claims are filed simultaneously, the AAA will promptly take steps to administer the claims in batches. Each batch will be considered as a single consolidated arbitration and be appointed one arbitrator and with one set of filing and administrative fees per side, one procedural calendar, one hearing (if any), and one final award. The arbitrator will take other steps as necessary for a speedy and efficient resolution of the claims. Claims are of a “substantially similar nature" if they arise out of or relate to the same event or facts, raise similar legal issues and/or causes of action, and seek similar relief. If we disagree on whether this batch arbitration process applies, the AAA will appoint an arbitrator to decide that issue, whose fees will be paid by Alongside and who may prescribe procedures needed to resolve the disagreement. This batch arbitration process does not authorize a class, collective, consolidated, joint, or mass arbitration or action other than as may be set forth in this Section.
ARBITRATOR'S DECISION
You and Alongside agree that these Terms affect interstate commerce, and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
The arbitrator, Alongside, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Alongside agree that for any arbitration you initiate, you will pay the filing fee and Alongside will pay the remaining AAA fees and costs. For any arbitration initiated by Alongside, Alongside will pay all AAA fees and costs. However, if the arbitrator decides that either the substance of either party’s claim or the remedy either party asked for is frivolous or was brought for an improper purpose, such party will be responsible for all filing, administrative, and arbitrator fees and the other party’s attorneys’ fees. You and Alongside agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Alongside will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by sending an email to support@alongside.care. To be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this Section.
If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.
14. Links to Third Party Websites.
The Services may contain links to other sites that are owned and operated by third parties. We are not responsible for the privacy and services practices or the content, advertising, products, services or other materials made available on or through any such linked sites. We provide these links to You only as a convenience, and the inclusion of any link does not imply endorsement of any kind by Us.
15. General Provisions.
These Terms constitute all of the terms and conditions agreed upon between you and Alongside and supersede any prior or contemporaneous agreements, communications and understandings in relation to the subject matter of these Terms, whether written or oral. Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law. We may change, suspend, or discontinue any of the Services at any time. These Terms do not confer any third-party beneficiary rights. We may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of our rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sublicense your rights under these Terms to any third party. Even after termination, these Terms will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination.
You agree that we may send the following to you by email or by posting on our within the Services: legal disclosures; these Terms; Privacy Policy; future changes to any of the foregoing; and other notices, policies, communications or disclosures and information related to the Services. You agree that We may contact You via email, phone, text, or mail regarding the Services. You understand that information contained in these communications may not be protected by encryption technology, and there is a risk that they may be read by a third party. You agree to update Your contact information to ensure accuracy. Your consent to conduct actions electronically covers all interactions between You and Alongside.
You agree that we may send the following to you by email or by posting on our within the Services: legal disclosures; these Terms; Privacy Policy; future changes to any of the foregoing; and other notices, policies, communications or disclosures and information related to the Services. You agree that We may contact You via email, phone, text, or mail regarding the Services. You understand that information contained in these communications may not be protected by encryption technology, and there is a risk that they may be read by a third party. You agree to update Your contact information to ensure accuracy. Your consent to conduct actions electronically covers all interactions between You and Alongside.
16. Contacting Alongside
If You have any questions about these Terms, please contact:
301 Union St, Unit 21867
Seattle, WA 98111
privacy@alongside.care.
If you would like to opt of marketing communications, please send an email to support@alongside.care.
301 Union St, Unit 21867
Seattle, WA 98111
privacy@alongside.care.
If you would like to opt of marketing communications, please send an email to support@alongside.care.