Terms and Conditions

1. General

SuperBetter website (“Website”) mobile and web applications (“Apps”) and related services (together, the “Service”) are operated by SuperBetter, LLC. (“SuperBetter,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions.

By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. SuperBetter may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the SuperBetter Website for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS IN THE SECTION BELOW TITLED GOVERNING LAW AND ARBITRATION; NO CLASS ACTION.

2. No Medical Advice

All contents of the Service are for educational and informational purposes only. No part of the Service or its content is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Service.

If you think you may have a medical emergency, call your doctor or 911 immediately. SuperBetter does not recommend or endorse any products, procedures, opinions, or other information that may be mentioned on the Service. Reliance on any information provided on the Service by SuperBetter or anyone else is solely at your own risk.

3. Description of Website and Service

The Service allows users to access and use a variety of educational services, including activities and features to promote social-emotional skills, mental health and resilience training. SuperBetter may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.

4. Acceptable Use of the Services

You are responsible for your use of the Services, and for any use of the Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit conduct that may be harmful to other users or to us. We reserve the right, at our sole discretion, to suspend or terminate any accounts that exhibit inappropriate or harmful conduct.

5. Additional Terms

Some of our Services may have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.

5. Additional Terms

6. Registration; Custom Content

a. Registration

In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by SuperBetter; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to SuperBetter, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.

b. Custom Content

As part of the Service, SuperBetter allows users to create custom activities, including Challenges to host for others (“Custom Content”). You understand that other users will have access to the Custom Content in hosted Challenges. Neither they or SuperBetter have any obligation to you or anyone else to maintain the confidentiality of Custom Content. You represent that you own or have secured all legal rights necessary for use of all Custom Content added by you in the Service.

7. Your Representations and Warranties

You represent and warrant to SuperBetter that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside.

You represent and warrant that (1) you are not organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target or comprehensive U.S. economic or trade sanctions (i.e., an embargo) or (2) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons, or (3) otherwise the target of U.S. sanctions.

8. Inappropriate Use

You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in SuperBetter’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose SuperBetter or its users to any harm or liability of any kind.

9. Indemnification of SuperBetter

You agree to defend, indemnify and hold harmless SuperBetter and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.

10. Age Requirements

Player Accounts: Children under the age of 13 require permission from a parent, guardian or teacher to create an account to use the Services as a player.

Host Accounts: You must be 18 years of age, or the age of majority in your province, territory or country, to create an Host account that allows you to host Challenges for others. Individuals under the age of 18, or the applicable age of majority, can use a Host account only with the involvement and consent of a parent or legal guardian, under such person's account, and otherwise subject to these Terms.

11. License to Apps

Subject to the terms of these Terms and Conditions, SuperBetter grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. SuperBetter and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto.

12. In-App Purchases

If you purchase an auto-renewing periodic subscription through the Service, your SuperBetter account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your SuperBetter account and follow instructions to terminate or change your subscription, even if you have deleted your account.

You agree to pay all fees and applicable taxes incurred by you or anyone using a SuperBetter account registered to you. SuperBetter may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

13. Payment Processors

All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third parties. In no event will SuperBetter be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.

14. Refund Policy

In the event that SuperBetter suspends or terminates your use of the Service or these Terms and Conditions or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind.

15. Third-Party Links, Sites, and Services

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by SuperBetter. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from SuperBetter, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that SuperBetter shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.

The Service may include advertisements or sponsorships, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising and sponsorship information by SuperBetter on the Service are subject to change. In consideration for SuperBetter granting you access to and use of the Service, you agree that SuperBetter and its third party providers and partners may place such advertising or sponsorship information in connection with the display of content or information submitted by you or others.

16. NO REPRESENTATIONS OR WARRANTIES BY SUPERBETTER

THE SERVICE, INCLUDING ALL COPY, IMAGES, VIDEOS, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY SUPERBETTER ARE PROVIDED TO YOU ON AN “AS IS” BASIS. SUPERBETTER AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUPERBETTER DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

17. LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SUPERBETTER BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF SUPERBETTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUPERBETTER’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SUPERBETTER FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

You understand and agree that we have set our prices and entered into these Terms and Conditions with you in reliance upon the limitations of liability set forth in these Terms and Conditions, which allocate risk between us and form the basis of a bargain between the parties.

18. Termination

SuperBetter may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your SuperBetter account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of SuperBetter’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.

19. Proprietary Rights in Service Content and Activity Materials

All content available through the Service, including designs, text, graphics, images, information, software, video, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of SuperBetter or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content.

As between you and SuperBetter, all data, information, content and materials generated from your access and use of the educational activities made available on or through the Service shall be exclusively owned by SuperBetter. All rights of SuperBetter or its licensors that are not expressly granted in these Terms and Conditions are reserved to SuperBetter and its licensors.

20. Trademarks

“SuperBetter” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of SuperBetter or their respective owners, and certain of them are registered with the United States Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the SuperBetter name or any SuperBetter or third-party trademarks, service marks, graphics or logos.

21. Privacy

We care deeply about protecting your personal information and take great care in making sure it is kept private and secure. Use of the Service is governed by our Privacy Policy, which can be found on the Website. By using the Service, you consent to the terms of the Privacy Policy.

22. Promotion Code Terms

SuperBetter Promotion Codes (each a “Promotional Code”) may be made available by SuperBetter (either directly or through a partner) subject to the Terms and Conditions. Each Promotional Code is made available in connection with a form of an auto-renewing periodic subscription (as defined in the Terms and Conditions).

The Promotion Code

Each Promotion Code provides access to SuperBetter: a) at the price advertised; and b) beginning the moment that you confirm your acceptance of the Promotional Code by submitting valid payment details that are accepted by SuperBetter (the “Promotional Period”); and c) in some circumstances, subject to an overall limit of allowed redemptions of that Promotional Code. By submitting your payment details, you (i) confirm your acceptance of the Promotional Code advertised; (ii) accept and agree to these Promotional Code Terms; and (iii) acknowledge and agree to the Terms and Conditions.

Eligibility

In order to be eligible for a Promotional Code, users must satisfy all of the following conditions (each an “Eligible User”): a) Unless you are subscribing to a Promotional Code that is advertised as available to current subscribers, you must not be a current subscriber. b) Provide SuperBetter with a valid and current payment method that is approved by SuperBetter. c) Additional eligibility requirements (if any) as advertised from time-to-time in connection with a Promotional Code. Eligible Users may accept a Promotional Code once - previous users may not redeem the offer again.

Availability

A Promotional Code must be accepted before the applicable expiration date advertised, if any. Except where prohibited by law, SuperBetter reserves the right to modify, suspend or terminate a Promotional Code at any time and for any reason, in which case we will not honor subsequent Promotional Code enrollments.

Duration and cancellation

Unless you cancel your subscription before the end of the Promotional Period, you will automatically become a recurring subscriber and your subscription will continue to automatically renew for additional periods equal to the expiring subscription term, unless you cancel before the end of the relevant subscription term pursuant to SuperBetter’s Terms and Conditions. The payment method you provided will automatically be charged for the then-current subscription price. If you cancel during the Promotional Period, you will lose access to your subscription and you understand and agree that you will receive no refund or exchange of any kind.

Data sharing

By using the Promotional Code, you understand and agree that your anonymized aggregated data may be shared by SuperBetter with the partner or provider who made the Promotional Code available to you.

23. Notice for Claims of Copyright Violations and Agent for Notice

If you are a copyright owner and have a good faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to SuperBetter pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:

an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
and, a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). SuperBetter’s Agent for Notice of claims of copyright infringement can be reached as follows:

By mail: 535 Duane Street, Floor 1.5, Glen Ellyn, IL 60137

By email: copyright@superbetter.com

For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.

24. Governing Law and Arbitration; No Class Action

These Terms and Conditions, its subject matter and SuperBetter’s and your respective rights under these Terms and Conditions, as well as and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms and Conditions, shall be governed by and construed under the laws of the State of Illinois, United States of America, excluding the conflict of law provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for SuperBetter’s right to seek injunctive relief as set forth below. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.

If you do not want to arbitrate disputes with SuperBetter and you are an individual, you may opt out of this arbitration agreement by sending an email to optout@superbetter.com within 30 days of the day you first access or use the Service.

If you intend to seek arbitration you must first send a written notice to SuperBetter’s Administration Office of your intent to arbitrate (“Notice”). The Notice to SuperBetter should be sent by any of the following means: (i) electronic mail to legal@SuperBetter.com; or (ii) sending the Notice by U.S. Postal Service certified mail to SuperBetter, LLC, 535 Duane Street, Floor 1.5, Glen Ellyn, IL 60137. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.

The arbitration will be conducted before a neutral single arbitrator in DuPage County in the State of Illinois, whose decision will be final and binding, and the arbitral proceedings will be governed by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) as modified by these Terms and Conditions. The JAMS Rules are available at www.jamsadr.com. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms and Conditions. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or SuperBetter may elect to have the dispute resolved through non-appearance-based arbitration.

To the fullest extent permitted by applicable law, YOU AND SuperBetter EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND SuperBetter EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and SuperBetter agree that all claims arising out of or related to these Terms and Conditions must be resolved exclusively by a state or federal court located in DuPage County in the State of Illinois, and you and SuperBetter each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that SuperBetter shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

25. Language

This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

26. California Resident

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

27. Miscellaneous

These Terms and Conditions constitute the entire agreement between SuperBetter and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by SuperBetter or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. SuperBetter may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of SuperBetter and you, and SuperBetter's and your respective successors and permitted assigns.

Last revised on February 1, 2023