Terms of Service

Last Updated: February 7, 2024

Welcome to Comigo. These Terms of Use (“Terms”) apply to your interaction with the Comigo website, https://www.comigo.ai (“Website”), and any associated applications and services (together, the “Services”) offered by Comigo Inc. (“Comigo”, “we”, “us”, or “our”). When you access or utilize the Services, you’re agreeing to these Terms. If you disagree with any part of these Terms, please refrain from using our Services.

By using our Services, you acknowledge that Comigo is not intended to diagnose, monitor, mitigate, treat, or prevent any disease or other condition. It may be considered as a supplement to clinical care, but it does not replace clinical care or therapy. Comigo is not a prescription product or medical device, nor has it been evaluated, cleared, or approved by the FDA. Furthermore, Comigo does not provide crisis counseling and is not intended for crisis intervention, suicide prevention, or any acute or non-acute safety issues.

1. Acceptance of Terms: By accessing or using the Services, you confirm that you’ve reviewed, comprehended, and accept these Terms and our Privacy Policy, which is integrated by this reference. If you’re not in agreement with these Terms or our Privacy Policy, kindly avoid using our Services.
2. Amendments: We retain the right to adjust these Terms at our sole discretion. Any changes will be reflected on our Website or communicated through other suitable means. Your continued use after any modifications implies your acceptance of the updated Terms. If you don’t accept the new Terms, please discontinue the use of our Services.
3. Eligibility: You must be at least 18 to access our Services. If under 18, you must have approval and supervision from a guardian or parent who accepts these Terms. You also certify that you’re legally able to form a binding agreement and aren’t restricted from our Services under any jurisdiction.
4. Service Access: We provide both a free version of our Services at the moment but a paid subscription is coming soon and will replace free access. Subscribing to a premium service obligates you to its specific terms.
5. Payment Details: All our transactions are processed through Stripe. When paying via Stripe, you’re agreeing to Stripe’s terms of service and privacy policy.
6. Refunds: All Service purchases are definitive. Refunds may be considered under rare circumstances. If you unintentionally subscribed to a paid plan without using its benefits, a refund might be applicable. If Services malfunction due to our control, a refund might be granted. For us to consider a refund, contact hello@comigo.ai within 24 hours of the incident, providing essential details for evaluation.
7. Intellectual Property: All intellectual rights in the Services, such as text, graphics, logos, or other content, belong to us or our licensors. Reproducing, modifying, or distributing any part of our Services without our explicit permission is prohibited.
8. User Behavior: Ensure you use our Services lawfully and in line with these Terms. Avoid any activity that might negatively influence our Services or connected networks.
9. Security: Damaging, hacking, or any interference with our Services is strictly forbidden. Any interference will incur costs, and we’ll collaborate with authorities if necessary. We may block access for users at any time, at our discretion.
10. Service Provision: We provide the Services “as is” without any explicit or implied guarantees. As a non-limiting example, we do not guarantee any specific outcomes from your use of our Services. Our Services may not always be uninterrupted or error-free.
11. Limitation of Liability: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMIGO (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20 OR (II) THE AMOUNTS PAID BY YOU TO COMIGO IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
12. Indemnity: You agree to safeguard, defend, and hold us harmless from any claims or liabilities stemming from your violation of these Terms or use of our Services.
13. Termination: We can, at our discretion, terminate your access to our Services for any breach of these Terms without prior notice.
14. Severability & Waiver: If any Terms are deemed invalid or unenforceable, it won’t affect the validity of the remaining terms. Our failure to enforce any right under these Terms does not waive that right.
15. Agreement: Together with our Privacy Policy and other policies, these Terms make up the entire agreement between us regarding your use of our Services, replacing any prior understandings.
16. Governing Law; Arbitration: These Terms are governed by and will be construed under the laws of the state of Illinois, 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 the state where you reside, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial 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 such Rules. 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. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMIGO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.

Contact: For any inquiries about these Terms or our Services, contact hello@comigo.ai.