Terms of Service

Welcome to Fortitude! These Terms of Service ("Terms") are an agreement between you and Fortitude AI, Inc. ("Fortitude," "we," "our," or "us"). They govern your use of the Fortitude mobile application and related services (collectively, the "Services").

Protecting and safeguarding any personal information you provide through the Products and Services is extremely important to us. Information about our privacy practices can be found in our Privacy Policy ("Privacy Policy").

Agreement to Terms

Please read these Terms carefully, as they include important information about your legal rights. By accessing or using the Services, you agree to these Terms. If you don't understand or agree to these Terms, please don't use the Services.

Eligibility

Age

This Service is directed to persons 18 years of age or older. If you are under age 18 or are not a resident of the United States of America, you are not permitted to use Fortitude's Services. If we learn we have collected personal information from a child under 18, we will delete that information as quickly as possible and terminate the associated account. If you believe that a child under 18 may have provided us personal information, please contact us at support@buildfortitude.ai.

Geography

This Service is directed to persons who are residents of the United States of America. If you access them from other locations, you do so at your own risk and are responsible for compliance with local laws. You may not use the Services if you are located in any U.S. embargoed countries or are on any U.S. government restricted parties lists. All data is stored on servers located in the United States.

Account Creation

To use our Services, you may be required to create an account. If we require you to create an account, we may ask you to provide certain information, such as your name, age, and email address. If you create an account, you must:

• Provide current, accurate, and complete information
• Maintain the security of your account
• Notify us immediately of any unauthorized access
• Maintain no more than one (1) account at a time
• Accept responsibility for all activities that occur under your account

You may not:

• Share your account credentials with others
• Create accounts with automated methods
• Use another person's account
• Create or maintain multiple accounts

Services and User Content Rights

Our Services

Fortitude exclusively owns all rights, titles, and interests in and to the Services, including all text, graphics, images, audio, video, or other materials made available via the Services, and all associated intellectual property rights. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your personal, non-commercial purposes. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Services, except as necessary for your permitted use of the Services.

Your Content

Any information that you provide through the Services is your "User Information." Except for the license you grant below to Fortitude, you retain all rights in and to your User Information. For all User Information, you hereby grant Fortitude a license to store, process, display, and otherwise act with respect to such User Information for the purpose of providing and improving the Services. You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. We will not share your conversations with third parties for advertising or commercial purposes. We may utilize User Information to improve our products, and will make reasonable efforts to anonymize and aggregate data. For more information about how we process your User Information and rights or choices you have with respect to your User Information, please review our Privacy Policy.

Payment Terms

When you sign up for a Subscription to Fortitude, you agree to these Terms.

Free Trials

You may have access to a free trial period for certain Services. You are only allowed one Free Trial regardless of your subscription method. We reserve the right to determine eligibility for Free Trials, which may vary based on factors. Free Trials automatically convert to a paid annual or monthly subscription term after a certain period of time. You can disable the automatic conversion by following the cancellation instructions prior to the date of conversion.

Recurring Subscriptions

If you purchase a recurring subscription to use Fortitude ("Recurring Subscriptions"), the subscription will be continuous for the subscription period you select and will automatically renew for another subscription period until canceled. You authorize Fortitude to automatically charge your designated payment method at the beginning of each subscription period for the then-current price of your Recurring Subscription, along with any applicable taxes and fees specified, unless canceled. If we are not able to charge your payment method for your Recurring Subscription, you remain responsible for any uncollected amounts.

Cancellation

If you purchased your Recurring Subscription through a third-party, like an app store, you must cancel the renewal directly with that third-party. You must cancel your Recurring Subscription at least 24 hours before the end of your current subscription period to avoid being charged for the next subscription period. If you cancel, you are not entitled to a refund for the fees you already paid, but, subject to these Terms, you will continue to receive access to Fortitude until the end of your current subscription period.

Changes

We may make changes to your Recurring Subscription, including price changes. We will communicate material changes to your Recurring Subscription, including any changes to the price, in advance to the email address associated with your account. If you do not agree to those changes, you can cancel your subscription.

Payment Method

If you purchase a subscription, you must provide an accurate and up-to-date payment method acceptable by us. You authorize Fortitude to charge any purchase to your designated payment method, including the then-current price plus any applicable taxes and fees specified. If you purchase access to our Services through a distributor (e.g. an app store) ("App Distributor"), then you will make payment to the App Distributor, and the App Distributor's terms in relation to payment methods, billing, and refunds will apply instead of these Terms. You agree that we will not be held liable for any errors caused by third-party payment processors used to process fees paid by you to us. Your access to or ability to use the Services may be suspended, or you may incur additional charges from the payment processor if your billing contact information is incorrect or not updated in our records.

Payment Disputes

If you have any concerns regarding any transactions through the Services, you must raise them with us first and not cancel or reverse charges through your payment method provider unless you have made a reasonable attempt to resolve the matter directly with us or otherwise as provided by applicable law. Fortitude reserves the right to verify your identity or request more information in connection with your purchases, and not to process or to cancel purchase requests, including if we suspect fraud or if your payment method is declined.

Refunds

You will not have the right to receive a refund for any amounts paid to us unless otherwise required by applicable law.

Future Functionality

Your purchases are not contingent on the delivery of any current or future functionality, content, or features, or dependent on any oral or written public comments made by Fortitude regarding such functionality or features.

Reimbursement by Payors

Any Subscription Fees charged in connection with the Services may not be reimbursable by Medicare, Medicaid, Tricare, other government health care program, commercial insurers, managed care organizations, preferred provider organizations, or other payors.

Prohibited Usage

You agree not to:

• Use the Platform for any purpose other than to seek Support Services
• Use the Services in any way that violates applicable national or international laws or regulation
• Attempt to gain unauthorized access to the Services
• Upload malicious code or content
• Harass, abuse, or harm others
• Compromise someone's privacy or identity
• Interfere with the operation of the Services
• Attempt to decipher or reverse engineer the Services
• Use the Services to develop competing products
• Sell, resell, rent or otherwise engage in any commercial use of the Services
• Aggregate, copy, duplicate, publish, or make available to third parties materials from the Services
• Attempt to scrape or extract data or content from the Services
• Access the Service via automated devices, bots, agents, or any similar means
• Report false emergencies relating to yourself, others, or vulnerable populations
• Engage in any other action that, in the judgment of Fortitude, exposes it, any user, or any third party to potential liability or detriment of any type

Feedback

We appreciate feedback, including ideas and suggestions for improvement or rating a response from Fortitude or a session. You have no obligation to give us Feedback, but if you do, you agree that we may use the Feedback however we choose without any obligation or other payment to you.

Warranty Disclaimers

OUR SERVICES ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

APPLICABLE LAW IN SOME JURISDICTIONS MAY IMPLY WARRANTIES, CONDITIONS, OR GUARANTEES OR IMPOSE OBLIGATIONS WHICH PROVIDE YOU WITH CERTAIN CONSUMER RIGHTS. THESE TERMS ARE IN NO WAY INTENDED TO RESTRICT THOSE RIGHTS AND FORTITUDE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT FORTITUDE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

Medical Disclaimers

FORTITUDE DOES NOT PRACTICE MEDICINE, PROVIDE MEDICAL ADVICE, OR ISSUE DIAGNOSES. NO PROVIDER–PATIENT RELATIONSHIP IS FORMED, AND WE ARE NOT A PARTY TO ANY CONTRACT FOR MEDICAL SERVICES. THE SERVICES ARE FOR INFORMATION ONLY AND MUST NEVER SUBSTITUTE FOR IN-PERSON COUNSELING, THERAPY, PSYCHIATRIC CARE, OR ANY OTHER PROFESSIONAL HEALTHCARE THAT MAY BE NECESSARY FOR THE USER; ALWAYS SEEK QUALIFIED MEDICAL HELP AND NEVER DELAY OR DISREGARD IT BECAUSE OF THE SERVICES. WE DO NOT REPRESENT THAT WE OR THE SERVICES WILL DETECT, DIAGNOSE, CURE, PREVENT, OR ADDRESS ANY SPECIFIC PSYCHOLOGICAL, MENTAL, OR OTHER MEDICAL DISORDER OR ILLNESS OR THAT WE WILL TAKE ANY SPECIFIC ACTION IF ANY SUCH MATTERS ARE DETECTED. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIMS AGAINST US CONCERNING ANY FAILURE BY US OR THE SERVICES TO DETECT OR TAKE ANY ACTION IN CONNECTION WITH ANY APPARENT MOOD, EMOTIONAL STATE, WELLBEING OR OTHER ISSUES OR ANY SPECIFIC PSYCHOLOGICAL, MENTAL OR OTHER MEDICAL DISORDER CONCERNING ANY PERSON.

IF YOU ARE EXPERIENCING THOUGHTS OF SELF-HARM OR SUICIDE, DO NOT USE THIS SERVICE. INSTEAD, PLEASE IMMEDIATELY:

• CONTACT THE 988 SUICIDE AND CRISIS LIFELINE BY DIALING 988 (AVAILABLE 24/7 IN THE US)
• CALL YOUR LOCAL EMERGENCY SERVICES (911 IN THE US)
• GO TO THE NEAREST EMERGENCY ROOM
• FOR INTERNATIONAL USERS, CONTACT YOUR LOCAL CRISIS HOTLINE OR EMERGENCY SERVICES

AI Service Disclaimers

YOU UNDERSTAND AND AGREE THAT ANY OUTPUT OR OTHER INFORMATION OBTAINED THROUGH USE OF FORTITUDE, SIMILAR TO USE OF OTHER AI TOOLS, IS SUSCEPTIBLE TO INACCURACIES AND INCOMPLETENESS, INCLUDING HALLUCINATIONS IN SOME INSTANCES. YOU MUST NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT FROM FORTITUDE WITHOUT INDEPENDENT FACT-CHECKING, AND YOU MUST NOT RELY ON ANY SUCH AI OUTPUT WITHOUT INDEPENDENT REVIEW OF FUNCTIONALITY AND SUITABILITY FOR YOUR NEEDS. YOU USE ANY INFORMATION OR CONTENT PROVIDED BY THE AI AT YOUR OWN RISK.

Third-Party Content

The Services may contain hyperlinks or references to certain other websites ("Linked Sites"). Fortitude does not control and is not responsible for the content on Linked Sites including any products and services provided therein. Such links do not imply endorsement of information or material on any other website and Fortitude disclaims all liability regarding your access to, use of or transactions with such linked websites. You should consult the terms of use and privacy policies of any such websites before you use them. You acknowledge and agree that Fortitude shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other website or resource.

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD FORTITUDE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR SUBMISSION TO OR USE OF THE PLATFORM, CONTENT OR SERVICE; OR (B) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF FORTITUDE OR ANY THIRD PARTY.

Limitation of Liability

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.

FORTITUDE'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.

Service Modifications and Termination

You are free to stop using our Services at any time. You can delete your Fortitude account using the application and then uninstall it. You may still have to cancel your active subscriptions as described above.

We reserve the right to:

• Modify or discontinue any part of the Services
• Make immediate changes without notice for security or legal reasons
• Terminate or suspend your account at our discretion if we believe you have violated these Terms
• Terminate your account for any other reason with reasonable notice

If you believe your account was terminated in error, you may appeal by contacting support@buildfortitude.ai.

If Fortitude discontinues or stops offering our Services in the jurisdiction where you are located, prior to the end of your Subscription Term, Fortitude will give you a pro-rata refund of any Subscription Fees paid by you (if any) that corresponds to the unused portion of your Subscription Term.

Upon any termination, discontinuation, or cancellation of the Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Governing Law and Disputes

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND FORTITUDE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION, OTHER OR REPRESENTATIVE PROCEEDING.

These Terms are governed by and will be construed under the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco, California in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS"). The arbitration will be conducted by a sole arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. Arbitration is not required for individual claims brought in small claims court.

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@buildfortitude.ai.

Changes to Terms

Fortitude may update these Terms at any time without any prior notice to you. Fortitude may notify you of the updated Terms by any reasonable means. The updated Terms will apply to your use of the Services, after the date on which Fortitude has posted the updated Terms or otherwise notified you of those changes. By continuing to use or access the Services after Fortitude posts or otherwise notifies you of any change, you accept the revised Terms. The "Last Updated" legend at the beginning of these Terms indicates the date on which the Terms were last updated.

Contact Us

If you have questions or comments about this notice, you may contact us at:

Miscellaneous

iOS Minimum Terms for a Custom EULA

The following provisions apply if you are accessing or using our mobile app on an Apple Inc. ("Apple") branded mobile device. These Terms, including this section, constitute a custom EULA for any Fortitude mobile app for purposes of Apple's agreements and you acknowledge that Apple's standard EULA will not apply.

1. Acknowledgement: The Terms are concluded between Fortitude and you only, and not with Apple, and, as between Apple and us, we are solely responsible for our app and the content thereof.
2. Scope of License: The license granted to you for our app under the Terms is limited to a non-transferable license to use our app on any Apple-branded products that you own or control and as permitted by our Apple Usage Rules set forth in the app Store Terms of Service, except that our app may be accessed, acquired, and used by other accounts associated with the purchaser via "Family Sharing" or volume purchasing.
3. Maintenance: We are not obligated to provide any support or maintenance services for our app except as required by law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our app.
4. Warranty: We are solely responsible for any warranties, whether express or implied by law to the effect not effectively disclaimed under the Terms. In the event of any failure of our app to conform to any applicable warranty not effectively disclaimed, you may notify Apple, and Apple will refund the purchase price (if any) for our app; and you agree that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
5. Liability: Subject to the Terms, we, and not Apple, are responsible for addressing any claims of yours or any third-party relating to our app or your possession and/or use of that app, including: (i) product liability claims; (ii) any claim that our app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. IP Claims: Subject to the Terms, in the event of any third-party claim that our app or your possession and use of our app infringes any third-party's intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
7. Legal Compliance: You represent and warrant that you (i) are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) are not listed on any U.S. Government list of prohibited or restricted parties.
8. Name and Address: If you have any questions, complaints, or claims with respect to our app, they should be directed to us.
9. Third-Party Beneficiaries: Apple and its subsidiaries are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Severability

All parts of these Terms apply to the maximum extent permitted by law. Fortitude and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of part of these Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

Assignment

You may not assign any of your rights under these Terms, and any such attempt will be null and void. Fortitude and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of the business of Slingshot is transferred to another entity by way of merger, asset sale, or otherwise.

No waiver

No waiver by Fortitude of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Slingshot to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Delayed Enforcement

Even if we delay in enforcing any term of these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaching of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

No Third-Party Beneficiary

Except as expressly stated in these Terms, no provisions of these Terms create any third-party beneficiary.

Relationship

Fortitude provides the Services to you as an independent contractor and service provider. These Terms and the provision of the Services does not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.

Headings

The heading references herein are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.

Force Majeure

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Products and Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

Entire Agreement

This is the entire agreement between you and Fortitude relating to the subject matter herein and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that you may have entered into with Fortitude.