- Terms of Service
Cava S.A.S eServices Private Limited (“Cava S.A.S”, “CaVa”, “We”, “Us”, or “Our”) operates the website (www.cavaapp.com) and the CaVa mobile, web-based and online applications (“CaVa App” or “App/s” or “Mobile Software/s”). The well-being coach, listener and therapist services and web-based services provided are collectively referred to as the “service(s)”.
Do Note :
- If in a crisis or emergency, please call the relevant emergency number in your country.
- The App is not to be used by children under 13 years.
- Limit sharing your personal identifiers when using the App. We do not require them for our services.
- The CaVa well-being coach service is a text-based (not available in all regions) messaging service. It will apply motivational interviewing and life coaching to help you work towards your well-being goals. The service will focus on building wellness and emotional resilience. The underlying principle of the well-being coach service is that you have the knowledge and capacity to make desired changes in your life. The well-being coach will support you in finding your own way and to help you tap your own strengths and abilities. This will help you identify and use resources around you to fill any gaps.
- The CaVa listener service is a text-based (not available in all regions) messaging service. During listening, they do not offer any suggestions for diagnosis or treatment. Listening service will support you in finding a trained expert at any time of day to share your feelings and reduce stress.
- The CaVa therapist service is a text-based (not available in all regions) messaging service. It will use person-centered supportive listening, motivational interviewing, and CBT principles so that you can take control of your emotional well-being. It will use evidence-based techniques to provide empathetic and non-judgmental support. The CaVa therapist will listen to your worries, promote positivity and support you in your lifestyle changes. This will help you manage your situation better and build emotional resilience.
- CaVa well-being coach or CaVa therapist or CaVa Listener services do not replace face-to-face psychotherapy. It is meant to empower and support you and not to treat any illness or a health condition.
- The coach or therapist or listener assigned to work with you will be online and remote. They may not be located in your country or state of residence.
- The intended use is for providing evidence-based tools and techniques to manage emotions and encourage mental well-being in a self-help context.
- The App is not intended for medical purposes. It does not provide a diagnosis, prognosis, treatment, or cure of a condition or disease.
- The App will not offer medical or clinical advice and only suggest that you seek medical help.
- Your data is stored in databases maintained by us or third parties located within the United States. Where, privacy rules may differ and may be less stringent than those in your country.
- The App and its services are primarily in the French and English languages.
Anonymization is the process of removing personal identifiers from data sets so that the person can no longer be identified.
Cookie is a small amount of data stored on your device (computer or mobile device).
Data Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
Data Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the data controller.
Data Protection Laws here means in accordance with the French Information Technology Act and Reasonable security practices and procedures and sensitive personal data or data rules, including but not limited to requirements of EU GDPR, the UK GDPR, and applicable Legal and Statutory requirements.
Data Subject (or User/You) means any living individual who is using our service and is the subject of Personal Data
Encryption is the process of transforming data into unreadable text so that it is only legible to those possessing an encryption key.
Personal data or Personal Information means data about a living person who can be identified from the data and/or other information either in our possession or likely to come into our possession.
Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific user without the use of additional information.
Non-Personal data or Non-Personal Information means any data that does not reveal user-specific identity.
Sub-Processor/s is a data processor who is sub-contracted some of the personal data processing.
Who are we?
Cava S.A.S is a private limited company having its registered office in France.
What is CaVa App?
With the CaVa App, you can chat through a conversational interface and get access to tools and techniques. You can also subscribe to a highly trained and qualified mental well-being coach and listener. The App is available in both iOS and Android app stores, including a web-based application. This is not intended to be a replacement for face-to-face psychotherapy or to provide a diagnosis, treatment or cure for a disease or condition. Using the App, you can track and manage your mood, and learn context-sensitive evidence-based techniques that can help you feel better. The App and service are not intended for use in crises or emergencies or severe mental health conditions. The App and service cannot and will not offer medical or clinical advice. It can only suggest that the user seek medical help.
If you have any of these conditions, please check with your doctor before use.
- sleep apnea,
- Restless Leg Syndrome (RLS),
- bad dreams,
- lots of day-time sleepiness,
- faintness or tremors,
- severe mental or physical health,
- frequent changes in sleep schedules.
Who can Use the Service?
You may use the App and Services if you are 18 or more.
This App and services are not meant for those less than 13 years of age.
Your institution may specify a different age for your use of the App and Services.
What personal data do we process and how do we use it?
We only collect information that is provided by the user and required for the purpose of providing our services. The table lists the personal data processing we perform.
Android or Apple identifier (app-device identifier)
provided by the user
To create a random user identifier. To provide App and services. To migrate your data to a new device. To process subscription requests. To process your data rights.
Random user identifier
created by CaVa
To provide App and services. To provide additional security.
In our legitimate interest
Access or referral code
provided by the user
To provide customized App and services for referred and Institution users. To aggregate data at institution or cohort level for analytics purposes.
To perform our contract with you and with your Institution
Device data (Operating system, OS version, device make and model)
provided by the user
To detect and prevent fraudulent use of or abuse of the service. To resolve issues. To improve App experience and use.
In our legitimate interest
Conversation data (free-text messages, text button events, App screen events, tool events)
provided by the user. Events created during use of App
To detect context and ensure continuity in conversation. To provide the right tool and content. To conduct coach or therapist or listener sessions. To improve the app performance and quality. To obscure the event data. To share de-identified event data with 3rd party providers for analytics purposes.
To perform our contract with you and in our legitimate interest.
Inadvertent submitted personal identifiers (names, location, contacts, email identifiers or medical terms)
provided by the user
To take reasonable steps to detect and de-identify personal data.
In our legitimate interest (to ensure special category identifiable data is not create
Communication Information (name, email Identifier, email messages, subscription receipts, feedback messages)
provided by the user
To respond to your inquiries, requests and feedback. To troubleshoot your issues. To provide and improve customer support services.
To perform our contract with you and in our legitimate interest.
Wellness information (such as feelings, sentiment, mood, major life events, well-being assessments, coping ability, energy levels, objections)
provided by the user
To provide validated tools and techniques. To perform research and analytics. To improve the safety of our algorithms. To improve product and service quality. To provide aggregated and de-identified analytics reporting.
To perform our contract with you or with your institution and in our legitimate interest (Validated assessments are a proven way to track progress of your well-being. You have the option to not respond to these assessments)
Safety Plan Information (life anchors, safe places, support networks, warning signs, calming activities)
provided by the user
To ensure availability of safety resources in time of need.
To perform our contract with you and in our legitimate interest
Other personal information (age-range, gender)
provided by the user
To provide age-appropriate content, tools and techniques. To provide gender-appropriate content in Spanish
To perform our contract with you.
Audio-video data (full name, video profile and background, consent, emergency contact information, audio-video messages)
provided by the user
To conduct audio-video sessions. To provide CaVa well-being coach or therapist service. To reach out to emergency contact for your safety.
To perform our contract with you and your consent (Audio-video sessions are not recorded and stored)
Non-Personal data collected when using CaVa well-being coach or CaVa Listener or CaVa therapist service.
When you schedule a session with your CaVa well-being coach or therapist or listener, we collect your date and time preferences to confirm your booking. Your device time zone is collected to calculate your local date and time and schedule a session. It also allows us to send appropriate session reminders. Sometimes, CaVa App may get your local time wrong which could affect the session schedule. Always verify your local time in the scheduling screen before booking a session. If You face any challenge changing Your local time or booking a session, kindly write to us at the contact provided here.
After you book a session, you have the option to save the booking in your device calendar. This is for your added convenience.
We may ask for your anonymous feedback after the session ends. This is for improving our App and service quality, safety and performance.
Only minimal messages provided to your coach or therapist get used for analysis and audit purposes. Your messages are de-identified before use. This is for improving our well-being coach or therapist service quality.
Do we use passive sensing or location data?
The App does not process any data from your mobile device sensors, including accelerometer, ambient light readings, screen on/off readings and call logs. The App does not process your geolocation at a level that makes your data identifiable. The App may infer your country or state based on your time zone to provide you appropriate resources, such as scheduled reminders.
How do we share your data with third parties?
To provide you with our services, we use third party service providers to help store and process your data. We assess the service provider’s security and privacy practices. We strictly require that they comply with confidentiality and non-disclosure obligations and applicable laws and r egulations including relevant Data Protection Laws. We also require that they access your data only to the extent necessary to perform tasks on our behalf. We use the following third party service providers.
Cloud Service Providers
To provide the service in a reliable and responsible manner, we collect, transfer and store your data in secure servers provided by our cloud service providers. You can find more on their security practices here, here and here. We maintain a Data Processing Agreement (DPA) and Business Associate Agreement (BAA) with our cloud service providers.
Other Service Providers
We use third party service providers to provide our services. List of our service providers include:
Firebase, Google Analytics, Amazon web services
To analyze App engagement data. No personal data gets shared. All event data is made cryptic so that no medical or psychological profile gets created at the hands of the provider. No direct advertising or direct marketing is performed. However, to measure the effectiveness of our social media or other marketing campaigns, we may use these tools to help us make improvements to our service. The third party tool APIs may automatically collect some non-personal events. Google Analytics automatically collected events can be found here. The use of Google Analytics is governed by Google Data Policy and Data Safeguards. Firebase automatically collected events can be found here. The use of Firebase is governed by Firebase Terms of Service, Use Policy and Crashlytics Terms of Service. We use AWS to analyze cryptic data. AWS does not have access to your data. AWS classifies customer information into two categories: customer content and account information.
3rd party background verification consultants
We may use consultants to perform background checks for shortlisted candidates. They may also assist us in reference checks and academic verifications as part of our hiring process.
3rd party payment gateway providers
We use payment providers such as Stripe to process payment when you purchase from us.
Disclosure to Institutions
You may need an access code or link provided by your Institution to use the Institution version of the App. Your Institution may also get access to aggregated data for their analytic and research purposes based on the consent given by you to your Institution. We may collect your country, division and in some cases your city information to provide aggregated analytics. We do not share your messages with the Institution. Any inadvertent identifiers get removed prior to the aggregated analysis.
If the App is integrated with your Institution system, your Institution may additionally share your assessment scores with us and likewise, we may share aggregated user data with them. Such assessment scores may be processed by us for providing services to your Institution. Your assessment responses will never be processed for diagnostic purposes or for giving clinical advice.
Disclosure to other third parties
We may be required to share your personal data in good faith with third parties to meet applicable law enforcement or regulatory requirements. We will always weigh your rights and freedom before we process any such requests. These third party processing includes:
- For uses and disclosures required by law;
- For disclosures for judicial and administrative proceedings;
- For disclosures for law enforcement purposes;
- For uses and disclosures for public health reporting purposes;
- For uses and disclosures to prevent serious threat to health or safety;
Cava S.A.S will never share your conversation data without your explicit consent.
How do we handle your App password?
For your privacy and security, you are advised to set your own App PIN to protect unauthorized access of your conversation messages. Your mobile device screen password is your PIN. To extend your device password, use the “Set Lock ” feature under the App settings. You can also remove your PIN using the “Remove Lock” option under settings. The PIN that you use is personal to you, and you are responsible for maintaining the confidentiality and security of your PIN. Please keep your PIN safe and do not share it with anyone. The PIN you set remains in your device and is not collected, transferred and stored in our servers.
What data do we process after taking your Consent?
We take your consent to perform the following processing.
Website Cookies or web beacon Data (browser type, browser language, operating System, language settings, web page views and the link clicks)
To understand website visits and engagement analytics. To share de-identified event data with 3rd party providers for analytics purposes.
Website Contact Form (Name, Email ID, inadvertent identifiers in messages)
To respond and provide support for your inquiries.
Your consent during form submission
App usage data
To process and share de-identified data with your institution or research partner.
Your consent during onboarding (Agreements are signed with the researcher or Institution)
In-app push notifications
To notify you for reminders you have set. To remind you about upcoming sessions and events. To provide service related information and discounts.
Opt-in and Opt-out in App settings or mobile device settings.
Session conversations with coach/therapist
To collect minimal de-identified data for research purposes.
Consent taken by coach or therapist from you.
Recruitment data (name, contact, address, email id, resume, references, credentials, transcripts, government provided identification, compensation information, race or ethnic origin, opinions and beliefs, physical or mental health or condition, sexual orientation, memberships, social media handles)
To evaluate your application. To make job offers. To enter into an employment agreement. To perform background checks. To perform reference checks. To convey application status. To consider you for other opportunities. To improve our hiring process.
Your consent. In our legitimate interest (to comply with laws, to protect your rights)
Promotion event data (email ID)
To process the survey. To send programme related information. To enrol and onboard you to the programme. To correspond on programme matters.
Your consent given within the forms.
How do we handle user incidents and requests?
There may be occasions where you wish to contact us to seek support or inquire about our services. If you contact us directly over email, we will collect minimal personal information to service your request. Your communication data is securely stored in our Google Workspace account with access to only authorized users. We have signed agreements with Google Workspace. We will only use your data to investigate the issue or request asked. Your email will be retained within our system for a maximum of 10 years since last correspondence. We will not spam you or contact you for any direct marketing. We will not share or sell your personal data with any third party.
Your issues or complaints or requests about the App and services are taken very seriously. You will need to send an email request from your Google or Apple email ID to firstname.lastname@example.org. We will respond to your complaints within 3 business days. Some of your complaints may take longer to resolve. We will continuously provide you with an update until your complaints are satisfactorily resolved.
How do we handle data provided during promotions and surveys?
We do not promote third-party offers as a part of the App experience. Your survey submission will never be linked to your CaVa App account. Your survey submission will reside in our secure Google Workspace account. Google Workspace provided security can be read here. The Google Workspace account is protected by two-step verification. You can opt out at any time from the program by sending us an email request from your Google or Apple email ID to email@example.com. We will respond to your request within 3 business days. Your submissions will never be shared with a third party.
How do we handle your payment data when you subscribe to our services?
What do we process when you follow us on Instagram?
You have the option to follow us on Instagram using your Instagram account from the CaVa App settings. You can set up an Instagram account, if you do not own one and follow us at @Cavaapp. We do not associate your instagram account with your CaVa App account.
How do we handle your data when used for research purposes?
We use minimal and only the required data for research purposes including aggregated data for any publications. This data is completely anonymized using one-way hash functions prior to use. This helps us to improve our product and services and contribute to user-centered mental wellbeing best practices globally.
We never use your longitudinal conversation messages for research purposes and analysis.
You can always write to us at firstname.lastname@example.org to restrict processing and opt-out of your data for research purposes.
What data do we process as part of Gift Card purchase?
Additional information when you apply for employment or internship opportunities at CaVa.
We do not sell your Information to unauthorized third parties. Your data is stored in databases maintained by us or third parties located within France or globally. Where, privacy rules may differ and may be less stringent than those in your country. If you are successful in your application, we retain the information as part of your employee records. If you do not want us to retain your information or want us to update it, please contact us at email@example.com.. Please note, that we may retain some information if required by law or as necessary to protect ourselves from legal claims.
Your use of third party weblinks
What additional processing is performed?
We do not combine and process your personal data with any other third party available data. Your data, messages or usage is not used for direct marketing nor is it sold to advertisers. We will always take your consent before using your name for social proof purposes.
How do we secure your data?
The security of your data is important to us. We have implemented adequate safeguards to protect your data. Some of the steps undertaken include:
Privacy by Design and Default
- There is no user registration required. We don’t need it hence don’t ask for it.
- Only a nickname is sufficient to help us personalize our conversation with you.
- Solely automated processing is never performed. We will always check with you first.
- We use algorithms that hash any inadvertent personal identifiers entering our systems.
- You can opt-out at any time using the “reset my data” feature available in the App settings.
Security by Design
- We use TLS and SSL encryption during transfer and AES-256 protocol at rest.
- Our systems are secured with role based access, strong passwords and two-step verification.
- We enable endpoint security in all staff systems.
- We review and maintain data processing agreements with our service providers.
- We have a strict hiring and background verification process in place.
- Regular awareness and training is provided to our staff.
- Annual compliance audits towards ISO 27001: 2013 (ISMS) and ISO 27701: 2019 (PIMS).
- We perform regular penetration tests of our Apps and Infrastructure.
- We conduct regular checks to ensure compliance to our policies.
No method of electronic transmission or method of data storage is perfect or impenetrable. While we try our best to implement controls to protect your personal data, we cannot guarantee its absolute security. To ensure your data is secure, we require your cooperation as well. Please do not copy and share your conversations with unknown people.
How long do we retain your data including personal data?
Any identifiers shared in your conversation get hashed within 24 hours within our system.
We may retain your data even after your subscription ends if it is reasonably necessary. This could be in the following situations:
- to comply with applicable legal and statutory requirements;
- At the request of a returning subscriber;
- to respond to your requests
- To fulfill processing that is in our legitimate interest.
Where not specified we retain your data for a maximum of 10 years since the end of subscription and as per our information retention policies.
You can also, at any point of time, clear all your transactional data by using the “reset my data” feature available in the App settings.
What are your data protection rights?
You have certain rights under the Data Protection Laws in relation to your Personal data. To exercise any of your rights, you will need to send an email request to the contact information. Please note that we may need to verify you before responding to any requests. After verifying you and examining your request, we will respond to you on the action taken within one calendar month from verification. We may at times be unable to address your request, if we are unable to correctly identify you.
Your individual rights requests may be limited, where:
- denial of access is required or authorized by law;
- grant of access would have a negative impact on other’s privacy;
- required to protect our rights and properties;
- the request is unjustified or excessive.
Right of access
You have access to view your latest conversations or view your older conversation messages within the Journey tab of the App. You have access to your text-based messages with a CaVa well-being coach or therapist in the Coach or Therapist tab of the App. If you exercise your right to be forgotten and reset your data, you will lose the right to access your data as it will be permanently deleted.
You have the right to obtain your personal data that you provided as per our Agreement or where you consented to give us. After verifying, we will provide access to your personal data in a machine-readable format. We may at times be unable to address your request, if we are unable to correctly identify you.
Right to rectification
If your personal data is inaccurate or incomplete, you can write to us to correct or complete it. If we share your personal data with third parties, we will inform them about the correction where possible.
Right to restrict processing
You can write to us to restrict processing of your personal data, where you contest the accuracy of the data or object to our processing it. If we share your personal data with third parties, we will inform them about the restrictions where possible.
Right to object
You may write to us and object to the processing of your personal data where we apply our legitimate interest. We may stop unless we can demonstrate compelling legitimate grounds for the processing.
Right to data portability
If you are a paid subscriber of our services, you can place a request to transfer your data from your older device to your replaced mobile device. If you are not a paid subscriber, we will need to accurately verify you, before we can process your request. We may at times be unable to address your request, if we are unable to correctly identify you.
Right to Erasure
When you use the service, you have the option to reset your data by using the “Reset my data” feature in the App settings. Reset my data deletes all your submitted data including your identifiers, past conversations, reminders, assessment responses and enabled settings. Post reset, you will not be able to recover your past data and you will be considered as a new user of the App. Hence, this feature is to be used at your discretion. If you are a paid subscriber, your transactional data and messages will be deleted on reset. However your active subscription, purchased through third parties like google play, iTunes, etc., will continue to exist post reset of data.
You can also write to us to delete or remove your personal data, such as when you withdraw your consent.
Right in relation to automated decision-making and profiling
You have the right to be free from decisions based solely on automated processing of your personal data, including profiling, which may have a significant effect on your rights and freedom, unless such profiling is necessary for entering into, or the performance of our Agreement or with your explicit consent.
Right to withdraw Consent
To the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent at any time. This will not affect the lawfulness of processing of your data before we received notice that you wished to withdraw your consent.
Right to Breach notification
In the event of a breach of your personal data, we will notify you within 72 hours or as required by Data Protection Laws.
Right to address Concerns and Complaints
If you are not satisfied with our resolution, you have the right to complain to a Data Protection supervisory authority in your country or state of residence. We will fully cooperate with the supervisory authority. Contact details for Data Protection Authorities in the EU are available here.
Do California residents have specific privacy rights?
There are certain disclosures required by the California Consumer Privacy Act (or “CCPA”).
California residents can request a list of third parties with whom we share personal data for direct marketing purposes. Please note that CaVa does not share or sell your personal data with third parties as a matter of policy. Subject to certain exceptions, you can write to us to know about the personal information you shared. You can request to delete your personal information, to opt-out of any “sales”, and to not be discriminated against.
We will respond to your request within 45 calendar days of verification. We may at times be unable to address your request, if we are unable to correctly identify you. We may be unable to address your request due to any of the limitations and exceptions provided within CCPA.
What are the controls for Do-Not-Track features?
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We do not respond to DNT signals transmitted by web browsers.
Can children under 13 use CaVa App?
The App is intended for a general audience and is not directed to or intended to be used by children under the age of thirteen years.
There is a special necessity to protect children’s privacy on the App. We do not knowingly collect any personal data from children.
Write to us if you think we have collected any personal data of your child. We will respond to you within one calendar month from verification. We may at times be unable to address your request, if we are unable to correctly identify the user. We will deactivate the child’s account, if we find we have been collecting personal data from your child. Upon identification we will take reasonable measures to promptly delete such personal data from our records.
How to contact for additional questions, comments or concerns?
For any product, services, subscription, technical or payment-related issues, please contact us from your Google or Apple email ID to firstname.lastname@example.org with your questions.
Can Non-French speaking users use the CaVa App?
The App has been built and is currently provided only for French and English language users.
To ensure wider reach, Cava S.A.S will, in the near future, launch the App in other international languages. We will keep you updated on this development.
What are some Best Practices to follow to keep your devices secure?
You are also responsible for helping to protect the security of your personal data. You are responsible for maintaining the security of any personal computing device on which you utilize the Services.
The US Federal Trade Commission (FTC) publishes information for users on how to secure your personal data and devices. These can be found at the following public links.
Cava S.A.S strongly believes in security and safety of data in your mobile device. As a responsible Service provider, we therefore like to share important device based security data for your attention. These have been sourced from US FTC best practices and guidelines. Always refer back to the US FTC links provided above for more details and future security updates.
- Always lock your mobile screen by setting a password. Use strong passwords and keep passwords private. Never leave your device unattended.
- Always extend your mobile screen password to set an App PIN to keep your conversations with the App private.
- Always keep your mobile operating system up-to-date.
- Enable remote access of your devices to enable you to locate and control your devices remotely in the event your device gets stolen.
- Install anti-virus software to protect against virus attacks and infections
- Avoid phishing emails. Do not open files, click on links or download programs from an unknown source.
- Be wise about using Wi-Fi. Before you send personal and sensitive data over your laptop or mobile device on a public wireless network in a coffee shop, library, airport, hotel, or other public place, see if your data will be protected.
Sever-ability and Exclusion
CaVa Terms of Service
If You are having suicidal thoughts or planning to act on suicidal thoughts, or if You feel that You may be a danger to Yourself or to others, or if You otherwise have any medical or mental health emergency or severe mental health condition, or if You are in a crisis or trauma or abuse, please discontinue use of the Service immediately and call the relevant emergency number in Your country and notify the police or emergency medical Services.
We do not require any personal identifiers or sensitive data hence we do not ask for it. You have the option to limit sharing of Your Personal data (such as full name, date of birth, contact numbers, address, financial identifiers, government-provided identifiers) or Your medical-related data or any other sensitive data (such as religious or political opinions, financial data) when You use the CaVa App and Services.
The CaVa well-being coach service is a text-based (not available in all regions) messaging service. It will apply motivational interviewing and life coaching to help you work towards your well-being goals. The Service will focus on building wellness and emotional resilience. The underlying principle of the Well-being Coach Service is that You have the knowledge and capacity to make desired changes in Your life. The well-being coach will support you in finding your own way and to help you tap your own strengths and abilities. This will help you identify and use resources around you to fill any gaps.
The CaVa therapist service is a text-based or audio-video based (not available in all regions) messaging service. It will use person-centered supportive listening, motivational interviewing and CBT principles so that you can take control of your emotional well-being. It will use evidence-based techniques to provide empathetic and non-judgmental support. The CaVa therapist will listen to your worries, promote positivity and support you in your lifestyle changes. This will help you manage your situation better and build emotional resilience.
Audio-Video based sessions with CaVa Well-being Coach or CaVa Therapist are available only in select geographies and Apps. It may not be available in your region if not mentioned within the app. Please check with Your Coach or Therapist regarding availability in your region or write to us at email@example.com. You may be asked to set up an account with a 3rd party audio-video application provider to use the service.
CaVa Well-being Coach and CaVa Therapist services are not intended to be a replacement for face-to-face psychotherapy or to provide a diagnosis, prognosis, treatment or cure for a disease/condition/disorder or disability or provide any type of state-regulated mental health services in Your country of residence. It is an enabling and empowering mode of support, rather than treatment of illness or a health condition.
By using the CaVa Well-being Coach or CaVa Therapist Services, You understand and agree that the Coach assigned to work with You will be located remotely and may not be located in Your country or state of residence.
CaVa Well-being Coaches and CaVa Therapists cannot and will not offer medical or clinical advice. In case You mention the need for such advice, they will suggest that You seek advanced (medical) help.
Please first consult a healthcare professional before using the App, if You have any of the following conditions- Pregnancy, Sleep Apnea, Restless Leg Syndrome (RLS), Seizures or Epilepsy, hallucinations or nightmares, sleep walking, excessive daytime sleepiness, dizziness or tremors. The CaVa App may not be right for You if You are; a child under 13 years, someone with severe mental or physical condition or disorder, a shift worker, someone who regularly keeps changing sleep schedules or someone who sleeps at times that are out of sync with Your body’s natural rhythm.
For safety and security reasons, We strongly recommend that You keep Your conversations with CaVa App private. We strongly recommend that You set automatic updates of the CaVa App in the application manager settings of Your mobile device; to get the latest CaVa App-based features and fixes. Always exit the CaVa App version in Your mobile device by using the back button before upgrading to a newer version to prevent loss of ongoing or previous conversations.
By using the Service, You understand and agree that Your submitted Data will be transferred, stored and processed in Our secure servers hosted by our cloud service providers in a region different from your country or state of residence where the data protection laws may differ from your region.
The App and its services are primarily in the French and English languages.
What is CaVa App?
The CaVa App has a subscription and allows you to chat with highly trained and qualified mental well-being professionals (“CaVa Coach/Listeners” or “CaVa Therapist”) or for Institution Users, to be able to use an institutional support mechanism integrated within the CaVa App, and through a conversational interface get access to tools and techniques to manage Your emotional well-being. The CaVa App is available for both iOS and Android mobile systems and as a web browser-based system either on the CaVa website or integrated within an Institution website. Using the CaVa App, You can track and manage Your mood, and learn context-sensitive evidence-based techniques that can help You feel better. CaVa App and Service is not intended for use in crisis such as abuse or complex or severe mental health conditions that causes for example; ideation of suicide, harm to self and others, or for any medical emergencies. CaVa App and Service cannot and will not offer medical or clinical advice. It can only suggest that the user seeks advanced (medical) help.
Please first consult a healthcare professional before using the App, if You have any of the following conditions- Pregnancy, Sleep Apnea, Restless Leg Syndrome (RLS), Seizures or Epilepsy, hallucinations or nightmares, sleepwalking, excessive daytime sleepiness, dizziness or tremors. The App may not be right for You if You are; a child under 13 years, someone with severe mental or physical condition or disorder, a shift worker, someone who regularly keeps changing sleep schedules or someone who sleeps at times that are out of sync with Your body’s natural rhythm.
Who can Use the Service?
If Your Institution specifies a different age restriction, such as at least 18 and above, as a condition of using this Service, that restriction shall apply rather than the one above.
If You use the CaVa Well-being Coach or CaVa Therapist Service,
- You may be asked to set up an account with a 3rd party audio-video application provider.
- You may be asked to provide your informed consent to use the services.
- You may be asked to provide emergency contact details for your safety purposes.
- You will be asked to provide a Parental or Legal Guardian consent if You reveal Your age to be between 13 and 18 years. You will be required to inform Your parents or legal guardian and have them send Us an email consent to firstname.lastname@example.org, as directed by Your CaVa Well-being Coach or CaVa Therapist, using the same email ID that was used to subscribe to Our Service.
- Without receiving your informed consent or parental or legal guardian consent, We will be unable to offer Our full Services.
CaVa reserves the right to refuse access to the Service or terminate Your account if eligibility is not met, at its sole discretion. The Service is not available to any Users previously removed from the Service by CaVa.
Institution or other Consumer users
Subject to Terms and Condition, You are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for Your personal use only and as permitted by the features of the Service. CaVa reserves all rights not expressly granted herein in the Service and the CaVa Content (as defined later in this agreement). CaVa may terminate this license at any time for any reason or no reason.
About CaVa Accounts
Creation of an Account via registration is currently not required. CaVa may, at its sole discretion, make the creation of an Account mandatory for all or certain Services in the future. CaVa will notify You about such changes if and when they occur. In such an event, the following terms shall apply.
You may be required to create an account with CaVa to avail certain Services with a username and password or Access Codes (“Account”). Your Account will give You access to the Services and functionality that We may establish, modify and maintain from time to time and in our sole discretion.
When creating Your Account, if required, You must provide accurate and complete Information. If You provide any Information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if We have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof).
You are solely responsible for the activity that occurs on Your Account, and You must keep Your Account password secure. Whenever You need to set a password, We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with Your Account. You must notify CaVa immediately of any breach of security, unauthorized access to Your chats or other data, or unauthorized use of Your Account. CaVa will not be liable for any losses caused by any unauthorized use of Your Account.
You may never use another User’s Account.
You may control Your user Account profile and how You interact with the Service by changing the Settings in the Mobile Software. You consent to Our using Your profile to send You Service-related email notices, including any notices required by law, in lieu of communication by postal mail.
About CaVa Well-being Coach Service Or CaVa Therapist Service
When You use the “CaVa Well-being Coach Service” or “CaVa Therapist Service” provided to You on the CaVa App, the following Terms and condition apply:
- CaVa Well-being Coach Service and CaVa Therapist Service is a Premium Service provided by the CaVa App;
- You have chosen to utilize the Services of a CaVa Well-being Coach or CaVa Therapist engaged by the CaVa App by choosing and subscribing to an offered subscription, plan or bootcamp;
- Unless required for emergency reasons, avoid sharing Your Personal data (such as full name, date of birth, gender, contact numbers, address, financial identifiers, government-provided identifiers) or Your medical-related data or any other sensitive data (such as Your sexual preferences, religious or political opinions, financial data) when You use the CaVa Well-being Coach Services or CaVa Therapist Services;
- You can access the CaVa Well-being Coach Service and CaVa Therapist Service by providing a non-personally identifiable nickname, or User name. You have responsibility for the conduct, postings and transmissions that are made under Your User name;
- The CaVa Well-being Coach Service or CaVa Therapist Service is provided by highly trained and qualified mental well-being professionals. By using the Well-being Coach Service or CaVa Therapist Service You understand and agree that the Coach assigned to work with You will be located remotely and may not be located in Your country or state of residence. CaVa Well-being Coaches and CaVa Therapists are fully qualified and licensed in their geographies. However, please be aware that they may not be licensed to practice in Your state, country or geography;
- The CaVa Well-being Coach Service will use text-based messaging or audio-video based (not available in all regions) messaging to apply motivational interviewing and life coaching to help You work towards Your personal well-being goals. The Service will focus on building wellness and emotional resilience. The underlying principle of the Well-being Coach Service is that You have the knowledge and capacity to make desired changes in Your life. The role that a Well-being Coach will play is to support You in finding Your own way, help You tap into Your own strengths and abilities, so that You can identify and use resources around You to fill any gaps;
- The CaVa Therapist Service is also a text-based messaging or audio-video based (not available in all regions) messaging service. It will use person-centered supportive listening, motivational interviewing and CBT principles to help You to take control of Your mental and emotional well-being. CaVa Therapists will draw on various evidence-based techniques to provide empathetic and non-judgmental support. The CaVa Therapist will listen to Your worries empathetically, promote positivity and support You in making successful lifestyle changes, so that You can manage Your situation better and build emotional resilience;
- The CaVa App allows You to connect and have text-message based scheduled sessions or where available, an audio-video based session with a CaVa Well-being Coach or CaVa Therapist. You understand and agree that the Services offered are solely for the purpose of listening to You, supporting You in achieving Your defined goals and pointing You to the right CaVa App tools;
- Audio-Video based sessions with CaVa Well-being Coach or CaVa Therapist are available only in select geographies and Apps. It may not be available in your region if not mentioned within the app. Please check with Your Coach or Therapist regarding availability in your region or write to us at email@example.com. You may be asked to set up an account with a 3rd party audio-video application provider to use the service;
- You understand and agree that CaVa Well-being Coach Service or CaVa Therapist Service is not a substitute for face to face psychotherapy, and/or does not provide a diagnosis, prognosis, treatment or a cure for a disease/condition/disorder or disability, and/or does not provide any type of state-regulated mental health services in Your country of residence;
- The CaVa Well-being Coaches and CaVa Therapists do not provide any medical, psychiatric, or other professional health care advice. They are not intended to be used to assess health conditions or substitute for professional medical advice, or relied upon for diagnosis or treatment. Use of CaVa Well-being Coach Services or CaVa Therapist Services does not create or constitute a physician-patient relationship with any CaVa Well-being Coach or CaVa Therapist, or anyone acting on behalf of CaVa App or CaVa S.A.S;
- CaVa Well-being Coach Service or CaVa Therapist Service is not a crisis or emergency Service. If at any time You experience an emergency, medical or otherwise, please immediately reach out to the emergency contact in Your local area of residence;
- The CaVa App will assign a CaVa Well-being Coach or CaVa Therapist to You when You subscribe to the Service or when you schedule Your first session;
- After Subscription, You may be requested to provide an Informed Consent and Emergency Contact authorization details. The Informed Consent will be required before Your first Session with the CaVa Well-being Coach or CaVa Therapist. Your Coach or Therapist will also explain the Pros and Cons of online-based modality during Your early sessions with them;
- You will also be able to switch your CaVa Well-being Coach or CaVa Therapist at any time after Your first session by writing to CaVa at firstname.lastname@example.org.;
- Sessions are scheduled at the mutual convenience of the User and the CaVa Well-being Coach or CaVa Therapist;
- You are responsible to schedule a session with Your assigned CaVa Well-being Coach or CaVa Therapist;
- Aside from a scheduled session, You can send unlimited messages and chats and the CaVa Well-being Coach or CaVa Therapist will try to respond within 24 hours. Messaging will be only by text-based chat and only through the CaVa App. You agree to not collect contact details or any other personal information, or contact Your CaVa Well-being Coach or CaVa Therapist outside of the CaVa App;
- You can cancel or reschedule a scheduled session anytime before 3 hrs to the start of the scheduled session. No cancellation or rescheduling will be allowed within 3 hrs or after a session begins;
- Your private text-messaging based chats with a CaVa Well-being Coach or CaVa Therapist are available anytime for Your reference within the CaVa App. You will be able to access your text-based conversations and session summaries with the CaVa Well-being Coach or CaVa Therapist even after your subscription ends. You can always initiate the deletion of this data via the “Reset my data” option in the CaVa App settings at any time. On reset all your messages and transactional data with Your Well-being Coach or CaVa therapist will be deleted. However your active subscription, purchased through third parties like google play, iTunes, etc., will continue to exist post reset of data;
- Your Audio-Video sessions with a CaVa Well-being Coach or CaVa Therapist are never recorded and stored. No playback or recording transcript will be available;
- You agree to not record and store Your Audio-Video Sessions with Your Well-being Coach or Therapist either within or from outside of the App;
- If Your CaVa Well-being Coach or CaVa Therapist is not available to take scheduled sessions due to any personal or emergency reasons, CaVa S.A.S will provide You with an alternate Coach or Therapist. You can always opt to reschedule Your session;
- It is the intention of Your CaVa Well-being Coach or CaVa Therapist to provide Services that will assist You in reaching Your goals. Based upon the Information that You provide and the specifics of Your situation, Your CaVa Well-being Coach or CaVa Therapist will provide recommendations to You. Users, and CaVa Well-being Coach or CaVa Therapist are partners in the supportive process. You have the right to agree or disagree with Your Well-being Coach or CaVa Therapist recommendations;
- You agree to cordial messaging or conversation etiquette with Your CaVa Well-being Coach or CaVa Therapist and to post messages or converse in accordance with the User Content section within this agreement;
- The CaVa App serves as a “connector” for You to access online CaVa Well-being Coaches or CaVa Therapists. You agree that You are using the Services in your best judgement, and CaVa S.A.S will not make any representation or warranty as to (a) the accuracy or availability of the CaVa App, (b) the willingness or ability of the CaVa Well-being Coach or CaVa Therapist to listen, (c) the willingness or ability of any CaVa Well-being Coach or CaVa Therapist to give advice, (d) whether You or anyone else shall find a CaVa Well-being Coach Service or CaVa Therapist Service helpful, useful or satisfactory, (e) whether You or anyone else shall find a CaVa Well-being Coach or CaVa Therapist advice relevant, useful, accurate or satisfactory, (f) whether the advice of the CaVa Well-being Coach or CaVa Therapist will be relevant to the User’s question, or (g) whether the CaVa Well-being Coach or CaVa Therapist advice will otherwise be suitable to Your or anyone else’s needs;
- CaVa S.A.S performs a reference and background check of all CaVa Well-being Coaches and CaVa Therapists. You can view all Our CaVa Well-being Coach or CaVa Therapist profiles in the Coach or Therapist tab of the CaVa App;
- You understand and agree that, although a CaVa Well-being Coach or CaVa Therapist may have been accessed through the CaVa App, CaVa S.A.S cannot predict or assess the competence of, or appropriateness for Your needs, of the CaVa Well-being Coach or CaVa Therapist. You also acknowledge and agree that You take full responsibility for the decision to access a CaVa Well-being Coach or CaVa Therapist;
- The monthly fee for the CaVa Well-being Coach Service or CaVa Therapist Service shall be as mentioned on the CaVa App and indicated to You at the time of purchase (“Fees”). CaVa S.A.S may at its discretion revise the Fees. Any changes to the Fees will be effective only upon your approval through the Mobile Software. CaVa S.A.S reserves the right to discontinue the CaVa Well-being Coach Service or CaVa Therapist Service upon non-payment of Fees by You. Fees are payable through purchase through Google Play and Apple iTunes, or other payment mechanisms as CaVa S.A.S may introduce in its sole discretion from time to time, prior to the time the Services are rendered;
- Because CaVa Well-being Coach Service or CaVa Therapist Service is not a medical treatment, typically insurance will not cover the cost. Some employers may cover some of the cost of the CaVa Well-being Coach Service or CaVa Therapist Service either directly or through reimbursement. It is Your responsibility to pay for the Service and get reimbursed by Your employer if that is the case;
- Your Subscription will be automatically renewed until Your subscription is cancelled. It is solely Your responsibility to cancel, which can be done at any time from Google Play and Apple iTunes;
- Cancelling Your subscription depends on Your payment method. Here are the two ways to cancel:
- Google Play: https://support.google.com/googleplay/answer/7018481
- iTunes: https://support.apple.com/en-us/HT202039
- The Fees payable by the User is a fixed fee and accordingly, You can use the CaVa Well-being Coach Services or CaVa Therapist Service as little or as much as You like, but You shall pay for the month regardless of how much You choose to use the Services;
- It is Your responsibility to note the date and time that the subscription will expire or come up for renewal, and to cancel prior to Your payment being processed. Payments may be subject to applicable currency exchange rates;
- The CaVa App may offer in-app promotions from time to time such as free trials, discounts or upgrades to a plan or bootcamp for a limited time period. You understand and agree that such promotions may be available only once and cannot be extended or be transferable across multiple Users, plans and bootcamp;
- CaVa S.A.S, in its sole discretion and for any reason, reserves the right to modify or discontinue or terminate, temporarily or permanently, any Service in or on the CaVa App, with or without notice to User. User agrees that CaVa S.A.S shall not be liable to User or to any third party for any losses or damages or injury that may result to User or any third party from such discontinuation or interruption of Service. However, if Service is temporarily or permanently discontinued by CaVa S.A.S, CaVa S.A.S will initiate the refund of Fees paid by the User on a pro-rata basis for the relevant month or any unused portion of the Services. Such refund shall be in accordance with the refund policy and terms and conditions of Google Play or Apple iTunes (whichever applicable). In such an event, You are required to contact Us for such requests. You will need to send an email request with reasons from Your Google or Apple email ID to email@example.com. CaVa S.A.S will address any such request on a case by case basis;
- CaVa S.A.S Services depend on various factors such as software, hardware and communications networks, its contractors and sub-processors. CaVa S.A.S does not guarantee that the CaVa App Service will be uninterrupted or that it will be timely, secure or error-free;
- CaVa S.A.S OR CaVa WELL-BEING COACH OR CaVa THERAPIST MAY DISCLOSE YOUR DATA IF CaVa S.A.S REASONABLY BELIEVES THAT DISCLOSURE IS NECESSARY IN ORDER TO COMPLY WITH A LEGAL PROCESS (SUCH AS A COURT ORDER, SUBPOENA, SEARCH WARRANT, ETC.) OR OTHER LEGAL REQUIREMENT OF ANY GOVERNMENTAL AUTHORITY;
- You understand that the use of technology is not always secure and You accept the technology risks during use of Your mobile device. You will follow good security practices during digital use including but not limited to setting a PIN to protect access, not sharing this with anyone, and not leaving your phone or chats unlocked for others to see. You understand and agree that safe use is Your responsibility, and CaVa S.A.S will not be responsible in any event arising out of unauthorized access to Your chats or other data;
- In order to honor and protect the CaVa Well-being Coach or CaVa Therapist intellectual properties, You expressly agree not to disclose or communicate any proprietary Information about the CaVa Well-being Coach or CaVa Therapist practice, materials, or methods to any third parties. The obligations under this Clause survive the termination of the CaVa Well-being Coach Services or CaVa Therapist Service or Your relationship with CaVa;
- The CaVa App or CaVa Well-being Coaches or or CaVa Therapists may provide links to external resources or other content in third party websites. CaVa S.A.S has no control over any such links, content, web sites, products or services or any Information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. You acknowledge and agree that CaVa S.A.S does not endorse such third party products, services or advertisements and is not responsible for the availability of such third party links, content, web sites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. You warrant and agree that CaVa S.A.S will not be responsible or liable, directly or indirectly, for any damage or loss or injury caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, content, product and/or service. CaVa S.A.S encourages You, the User, to, at a minimum, be aware of and to review the terms of service and the privacy practices related to third party sites;
- It is agreed between You, Your heirs, agents, assigns, personal representatives and next of kin and the CaVa Well-being Coach or CaVa Therapist, CaVa S.A.S and their officers, directors, employees, contractors, members, agents and assigns that any disputes or claims arising out of or relating to the Agreement, or the breach of this Agreement, will be mutually addressed by both the parties towards a resolution. Any such resolution may occur over the telephone. In the event that the dispute has not been resolved after 60 days then the terms of dispute resolution mentioned in Agreement will be followed by both the parties;
- You, for Yourself and on behalf of Your heirs, agents, assigns, personal representatives and next of kin, HEREBY RELEASE FROM LIABILITY, INDEMNIFY AND HOLD HARMLESS any CaVa Well-being Coach or CaVa Therapist, and CaVa S.A.S, and their officers, directors, employees, contractors, members, agents and assigns (collectively “the Indemnified Parties”) from and against any and all claims, losses, causes of action, costs, damages, expenses, injury and liabilities whatsoever, that You, Your heirs, agents, assigns, personal representatives and/or next of kin may have against the Indemnified Parties, which may incur, or which may arise out of or as a result of Your use of the CaVa App and/or the CaVa Well-being coaches or CaVa Therapists and/or reliance upon advice provided therefrom, whether caused by your own actions or inactions, by the negligent act(s) or omission(s) of the indemnified parties, or otherwise, to the fullest extent permitted by law;
- The CaVa Well-being Coach Service or CaVa Therapist Service is provided on an “as is” and “as available” basis. You understand and agree that the use of the CaVa Well-being Coach Service or CaVa Therapist Service is based on Your own best judgment and at Your own risk. To the maximum extent permitted by applicable law, the CaVa Well-being Coach Service or CaVa Therapist Service is provided without warranties of any kind, whether express or implied.
CaVa “Gift Card” Program
CaVa “Gift Card” program is a pre-paid membership to specific Services. A person who purchases the gift is referred to in these terms as the “Giftor”. A person who receives and redeems a Gift Card to the specific Services is referred to in these terms as the “Recipient”. Gift Cards are paid for by a one-time upfront payment. Once bought, the Giftor will receive a Gift Code along with an order confirmation and receipt. The gifting codes cannot be redeemed for cash, resold or combined with any other offers, including free trials. Please note that gifting codes cannot be redeemed if any of the premium subscription access is already enabled or if another gift card is already redeemed and active. We will automatically bill the Payment Method you provided for any purchased Gift Card at the time of purchase, not delivery. There are no cancellations, refunds or other credits for Gift Cards that are not redeemed. CaVa is not responsible if a Gift Card is lost, stolen or used without permission.
What are the Service Rules?
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the CaVa servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at Our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) disclosing, collecting or harvesting any personally identifiable Information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures We may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to You or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend Your access to the Service without notice and liability for any reason, including if in Our sole determination You violate any provision of the Agreement, or for no reason. Upon termination for any reason or no reason, You continue to be bound by the Agreement. You are responsible for all the mobile data usage resulting from the use of the Service. Consult Your mobile operator concerning your plan, data rate charges and limits. You are solely responsible for Your interactions with other CaVa Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. CaVa shall have no liability for Your interactions with other Users, or for any User’s action or inaction.
About User Content
Some areas of the Service may, either now or later, allow Users to post content such as chat content, profile Information, videos, comments, questions, and other content or Information [any such materials a User submits, posts, displays, or otherwise makes available on the Service (“User Content”)]. We claim no ownership rights over User Content created by You; the User Content You create remains Yours. However, by sharing User Content through the Service, You agree to allow others (in accordance with your settings and this Agreement) to view, edit, and/or share Your User Content. CaVa has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You agree not to post or transmit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any Information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any Information or content that is illegal (including, without limitation, the disclosure of insider Information under securities law or of another party’s trade secrets); (vii) contains any Information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any Information or content that You know is not correct and current; (ix) violates any school, Institution or other applicable policy, including those related to cheating or ethics; (x) interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity; (xi) except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials, solicit Service letters or certificates, or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. You may not copy, share, or use personal identifying or business contact Information about other Users without their express permission. You agree that any User Content that You post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. CaVa reserves the right, but is not obligated, to reject and/or remove any User Content that CaVa believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, You affirm, represent and warrant the following:
- You have the consent of each and every identifiable natural person in the User Content to use such a person’s name or likeness, and each such person has released You from any liability that may arise in relation to such use of such User Content.
- Your User Content and CaVa’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. CaVa takes no responsibility and assumes no liability for any User Content that You or any other User or third party posts or sends over the Service. You shall be solely responsible for Your User Content and the consequences of posting or publishing it, and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your User Content. You understand and agree that in spite of Our best efforts You may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to Your purpose, and You agree that CaVa shall not be liable for any damages or injury or losses You allege to incur as a result of User Content.
User Content License Grant
Use of User Content
CaVa conducts research on Our global platform. All data including User Content if any is anonymized before use for research purposes. This research looks at how different activities on Mobile Software (CaVa Well-being Coach or CaVa Therapist conversations, other activities, etc.) impact mental well-being measures. CaVa may use User Content and other data collected from the User in accordance with the Agreement for the purpose of this research. Research and outcomes are key to helping Users make real change and progress in their lives, and we are grateful for the support You provide towards this mission by sharing Your data.
About Mobile Software
We make available Mobile Software to access the Service via a mobile device. To use the Mobile Software You must have a mobile device that is compatible with the Mobile Software. CaVa does not warrant that the Mobile Software will be compatible with Your mobile device. CaVa hereby grants You a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one CaVa Account owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that CaVa may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and CaVa or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. CaVa reserves all rights not expressly granted under this Agreement.
The Mobile Software originates in France, and is subject to French export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from France. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all French and foreign laws related to use of the Mobile Software and the CaVa Service.
Our Proprietary Rights
Except for Your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “CaVa Content”), and all Intellectual Property Rights related thereto, are the exclusive property of CaVa and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any CaVa Content. Use of CaVa Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or We may invite You to submit comments or ideas about the Service, including without limitation about how to improve the Service or Our products (“Ideas”). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place CaVa under any fiduciary or other obligation, and that We are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission, CaVa does not waive any rights to use similar or related ideas previously known to CaVa, or developed by its employees, or obtained from sources other than You.
No Professional Advice
If the Service provides any Information (e.g. medical or legal) including recommending tools and techniques (e.g. Yoga or activity or exercises), such Information is for Informational purposes only and should not be construed as professional advice. No action should be taken based upon any Information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area before any use.
About Privacy, Security, Third-Party Links and Monitoring
We deeply care about the integrity and security of Your Personal data and maintain security measures as required under applicable laws in France and globally to ensure its authorized use. However, we cannot guarantee that unauthorized third parties will never be able to defeat Our security measures or use Your Personal data for improper purposes. You acknowledge that You provide Your Personal data at your own risk.
We have the right and liberty to monitor the content on the Website and Mobile Software at all times which shall include Information provided in Your Account or any User Content posted by You. The monitoring of the Website is important to determine the veracity of the Information provided by You and that every User remains in consonance with the Terms and Condition provided herein. Subject to the Agreement, We shall also have the liberty to remove any objectionable content, including User Content, which is in contravention of the Agreement or share such Information with any governmental authority as per procedures laid down by the law for the time being in force in France. It is hereby clarified that CaVa has a right to but not an obligation to monitor the content on the Website and the Mobile Software. Accordingly, CaVa shall not be liable for any claims, losses, damages costs or expenses that may arise as a consequence of the User Content published by You or any other User on the Website and Mobile Software.
About Payments and Cancellations
The Services are provided to the Users free of cost at present. The User may choose to avail additional services available on the Mobile Software (“Premium Services”) upon payment of a subscription fee. Premium Services shall be considered as a part of Services for the purpose of the Agreement. We may modify the subscription fee for the Premium Services or make all Services subject to payment of certain subscription fees at our sole discretion. The User will be notified of the applicable fee payable for the Services and the Premium Services prior to User’s use of the same.
Subscriptions will be automatically renewed until subscription is cancelled before the end of the current period. For Apple iTunes, the subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. You can go to your iTunes Account settings to manage your subscription and turn off auto-renew. Your iTunes Account will be charged when the purchase is confirmed. It is solely the User’s responsibility to cancel, which can be done at any time from Google Play and Apple iTunes. WE DO NOT GENERALLY ACCEPT SUBSCRIPTION CANCELLATIONS VIA EMAIL;
It is the User’s responsibility to note the date and time that the subscription will expire or come up for renewal, and to cancel prior to Your payment being processed. Payments may be subject to applicable currency exchange rates.
If You purchase CaVa Services by means of Web-based purchases, You may use other third party payment gateways provided by PayPal, RazorPay and Stripe to make Your payments. Payment using PayPal, RazorPay or Stripe is governed by their respective Terms and Privacy Policies. If You want to cancel Your subscription for any web-based purchases, then please write to Us at firstname.lastname@example.org.
To the maximum extent permitted by applicable law, in no event shall CaVa, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or injury or losses arising out of or in connection with the Services.
Indemnity and Warranty
You agree to defend, indemnify and hold harmless CaVa and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, injury, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Service, including any data or content transmitted or received by You; (ii) Your violation of any term of this Agreement, including without limitation Your breach of any of the representations and warranties above; (iii) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) Your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of Your User Content or any that is submitted via Your account; or (vi) any other party’s access and use of the Service with Your unique username, PIN, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CaVa OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, CaVa, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
CaVa DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CaVa SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND CaVa WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CaVa, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL CaVa BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CaVa ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OR INJURY INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CaVa, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE FREE CaVa HEREUNDER OR $100.00, WHICHEVER IS GREATER. FOR THE PAID SUBSCRIPTION TO CaVa WELL-BEING COACH SERVICE OR CaVa THERAPIST SERVICE, THE AGGREGATE LIABILITY OF CaVa S.A.S SHALL BE LIMITED TO THE SUBSCRIPTION FEE PAID BY YOU FOR A PERIOD OF SIX (6) MONTHS FOR THE SERVICES.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CaVa HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from facilities in France. You understand and agree that, while Services meet all applicable laws in France, the Service may not meet licensing or other regulatory requirements in other locations. You agree that those who access or use the Service from other jurisdictions will do so at their own volition and are entirely responsible for compliance with all applicable French and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if You are a resident of a country embargoed, or are a foreign person or entity blocked or denied, as identified by embargo and sanctions lists maintained by the United Nations, USA, UK or France. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in France.
Governing Law and Dispute Resolution
You agree that: (i) the Service shall be deemed solely based in Paris, Il de France, France; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over CaVa, either specific or general, in jurisdictions other than Paris, Il de France, France. This Agreement shall be governed by the internal substantive laws of France, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the courts located in Paris, Il de France, France for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of Our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with Our obligations under these Agreement if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect your statutory rights.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by CaVa without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to the Agreement
CaVa may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to You via email notice, written or hard copy notice, or through posting of such notice on Our website, as determined by CaVa in Our sole discretion. CaVa reserves the right to determine the form and means of providing notifications to Our Users, provided that You may opt out of certain means of notification as described in this Agreement. CaVa is not responsible for any automatic filtering You or Your network provider may apply to email notifications we send to the email address you provide us. CaVa may, in its sole discretion, modify or update this Agreement from time to time, and so You should review this page periodically. When We change the Agreement in a material manner, We will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes Your acceptance of the new Terms and Condition. If You do not agree to any of these terms or any future Terms and Condition, do not use or access (or continue to access) the Service.
This Agreement and Terms and Condition, together with any amendments, policies and any additional agreements You may enter into with CaVa in connection with the Service, shall constitute the entire agreement between You and CaVa concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and CaVa’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Who can You contact for additional questions, comments or concerns?
If You have any questions, comments, or concerns about this Agreement or our other privacy policies or practices, please contact us at email@example.com.