Terms of Service
These Terms of Service (the “Agreement”) are a legal agreement between you and CanBe Innovations, Inc. (“Company,” “we,” “us,” or “our”). This Agreement governs your access to and use of: (a) the CanBe App web application available at canbeapp.com (the “Website”), and (b) the CanBe Companion App mobile applications for iOS and Android (the “Mobile App”), together with any related features, content, and services (collectively, the “Services”).
By accessing or using the Services, creating an account, clicking “I Agree,” or otherwise indicating your acceptance, you agree to be bound by this Agreement. If you do not agree, do not use or access the Services.
WE MAY UPDATE THESE TERMS FROM TIME TO TIME. IF WE MAKE MATERIAL CHANGES, WE WILL PROVIDE NOTICE AS REQUIRED BY LAW. YOUR CONTINUED USE OF THE SERVICES AFTER CHANGES BECOME EFFECTIVE CONSTITUTES YOUR ACCEPTANCE.
Definitions; User Personas. The Services may be used by (i) individuals affected by cancer or other health challenges (“Individuals”), (ii) charities, non-profits, or community organizations (“Organizations”), (iii) pharmaceutical, life science, or research stakeholders (“Pharma Partners”), and (iv) investors or prospective investors (“Investors”). Additional terms or separate written agreements may apply to Organizations, Pharma Partners, or Investors (for example, a statement of work, data use agreement, sponsorship agreement, or investor terms). If there is a conflict, the separate written agreement controls for that relationship.
Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US (IF ANY) FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
Indemnification. You agree to defend, indemnify, and hold harmless Company and its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your access to or use of the Services; (b) your Content (defined below); (c) your violation of this Agreement; or (d) your violation of any law or the rights of any third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Eligibility; Certification of Age. You must be at least 18 years of age (or the age of majority in your jurisdiction, if higher) to create an account or use the Services. By using the Services, you represent and warrant that you meet this requirement and have the legal capacity to enter into this Agreement.
Account Registration and Security. You may be required to create an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. If you believe your account has been compromised, notify us promptly at admin@canbeapp.com.
Acceptable Use; Prohibited Conduct. You agree not to (a) use the Services for any unlawful purpose; (b) attempt to gain unauthorized access to any portion of the Services; (c) interfere with or disrupt the integrity or performance of the Services; (d) reverse engineer, decompile, or otherwise attempt to derive source code, trade secrets, or know-how from the Services except to the extent such restriction is prohibited by law; (e) upload or transmit malicious code; (f) harass, threaten, impersonate, or abuse others; or (g) post or transmit Content that is illegal, defamatory, infringing, or otherwise harmful.
User Content; Feedback. “Content” means any information, text, images, files, links, or other materials you submit, upload, publish, or transmit through the Services. You retain ownership of your Content. You grant Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, use, reproduce, modify (for formatting and display), and display your Content solely to operate, maintain, and improve the Services and as otherwise permitted by our Privacy Policy or by your settings/choices.
If you provide suggestions, ideas, or feedback, you grant Company the right to use them without restriction or compensation.
AI-Enabled Features and Outputs. Certain features of the Services may use automation and/or artificial intelligence (“AI Features”) to help organize information, personalize your experience, summarize content, suggest resources, or provide conversational assistance. AI Features may produce outputs that are incorrect, incomplete, or inappropriate for your specific situation. You are responsible for evaluating AI outputs before relying on them.
Not Medical, Legal, or Investment Advice. The Services may provide general information that could relate to health, wellbeing, caregiving, community resources, research, funding, or investing. The Services and any Content (including AI outputs) are provided for informational purposes only and do not constitute medical advice, diagnosis, treatment, legal advice, financial advice, or investment advice. Always seek the advice of qualified professionals regarding any medical condition, legal matter, or investment decision. Never disregard professional advice because of something you read or receive through the Services.
Organizations, Pharma Partners, and Investors. (a) Organizations are responsible for ensuring they have appropriate rights and consents for any information they submit and for how they use the Services in their operations. (b) Pharma Partners acknowledge that any collaboration, data access, research support, sponsorship, or analytics will be governed by separate written agreements and applicable laws/regulations. (c) Investors and prospective investors acknowledge that any content relating to Company, products, performance, or roadmap is provided “as is” and may be forward-looking. Nothing on the Services is an offer to sell or the solicitation of an offer to buy any security, and any investment activity must be conducted through lawful channels and appropriate documentation.
Privacy. Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, share, and protect information. Please review our Privacy Policy at https://canbeapp.com/privacy.
Security and Confidentiality. We take reasonable measures designed to protect the Services and user information. However, no method of transmission or storage is 100% secure. You understand and agree that you provide information at your own risk. If you choose to share information publicly or with other users/organizations through the Services, you do so at your own discretion. We are not responsible for the actions of other users or third parties.
Right to Monitor; Enforcement. To the extent permitted by law, we may (but are not obligated to) monitor the Services and Content to help maintain safety, quality, and compliance. We may remove Content or restrict access to the Services if we believe it violates this Agreement or applicable law, or if it could harm the Services, users, or third parties. We may investigate and take action as we deem appropriate.
Ownership, Copyrights, Trademarks, Licenses. The Services, including all software, design, text, graphics, logos, and other materials, are owned by Company or its licensors and are protected by intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, sell, lease, or create derivative works from the Services. All trademarks and service marks are the property of their respective owners.
No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT CONTENT (INCLUDING AI OUTPUTS) WILL BE ACCURATE, COMPLETE, OR RELIABLE.
Third-Party Services and Links. The Services may include links to third-party websites, tools, or services. We do not control and are not responsible for third-party content, policies, or practices. Your use of third-party services is at your own risk and may be subject to additional terms.
Termination. We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated this Agreement, pose a risk to the Services or others, or for any other reason permitted by law. You may stop using the Services at any time. Sections that by their nature should survive termination will survive (including, without limitation, Ownership, Disclaimers, Limitations of Liability, Indemnification, and Dispute Resolution).
Jurisdiction; Dispute Resolution; Time Limit on Claims. This Agreement is governed by the laws of the State of California, without regard to conflict of laws principles. Any dispute arising out of or relating to this Agreement or the Services will be brought exclusively in the state or federal courts located in California, and you consent to personal jurisdiction and venue in those courts.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT IS PERMANENTLY BARRED.
Severability. If any provision of this Agreement is held to be unlawful, void, or unenforceable, that provision will be severed and the remaining provisions will remain in full force and effect.
Relationship of the Parties. Nothing in this Agreement creates any partnership, joint venture, employment, or agency relationship between you and Company. You and Company are independent parties.
Entire Agreement; Changes; Waiver. This Agreement (together with any policies referenced herein, including the Privacy Policy) constitutes the entire agreement between you and Company regarding the Services and supersedes all prior or contemporaneous understandings. Our failure to enforce any right or provision will not be considered a waiver. Any waiver must be in writing and signed by an authorized representative of Company.
Contact. Questions about these Terms can be sent to admin@canbeapp.com.