Summary
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
IMPORTANT NOTICE: THESE TERMS OF USE INCLUDE AN ARBITRATION CLAUSE THAT REQUIRES DISPUTES TO BE RESOLVED ON AN INDIVIDUAL BASIS AND PROHIBITS CLASS ACTION CLAIMS. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION CAREFULLY.
Welcome to Sonar! Please read on to learn the rules and restrictions that govern your use of our websites, products, services, and applications (the “Services”). These Terms of Service (the “Terms”) are a binding contract between users of our services (“you”) and Get Sonar, Inc. (“Sonar”, “we”, and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.
General Terms
Scope. These Terms of Use (“Terms”) govern your relationship with Sonar or any other digital products (collectively, the “Services”) operated by Get Sonar, Inc. (“Sonar,” “we,” “us,” or “our”), if you have been provided access to the Services through your school district, healthcare provider, or other organization that makes the Services available to you (each, a “Partner”).
Territory. Please note that Sonar is intended for use only in the United States. If you have purchased a Sonar subscription and you, your users, or your users are located outside of the United States please email support@sonarmentalhealth.com.
Terms of Service. Please read these Terms carefully before using the Services. Your right to access and use the Services is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Services. By accessing or using the Services you agree, on behalf of yourself, to be bound by these Terms.
Who These Terms Apply To. These Terms apply to individuals accessing the Services directly or through a Partner, including Participating Youth, their parents or legal guardians, designated Wellbeing Allies, authorized school personnel, healthcare professionals, and other authorized users. As used in these Terms, “you” refers to the individual using the app.
Partner Agreements; PHI and Student Data. The Services may be provided through a Partner under separate written agreements, which may include a master services agreement, data privacy agreement, and, where applicable, a business associate agreement under HIPAA (collectively, the “Partner Agreements”). Nothing in these Terms modifies or limits Sonar’s obligations under the Partner Agreements. If information about you constitutes Protected Health Information (“PHI”) under HIPAA and Sonar is acting as a business associate of a Partner, Sonar will use and disclose that PHI only as permitted by applicable law and the applicable Partner Agreements. If information about you constitutes an education record or protected student data, Sonar will use and disclose it only as permitted by applicable student privacy law and the applicable Partner Agreements. If these Terms conflict with the Partner Agreements regarding the use or disclosure of protected data, the Partner Agreements will control.
Medical Advice and Therapy
(a) No Medical or Therapeutic Services. Sonar and its Wellbeing Coaches do not provide medical advice, mental health counseling, clinical social work, psychotherapy, or any other form of professional healthcare services. The Services are not intended to diagnose, treat, cure, or prevent any mental health condition or illness. If you require medical or mental health support, please seek care from a licensed professional. In the case of an emergency, dial 911. YOU ACKNOWLEDGES AND AGREES THAT (I) THE COACHING SERVICES DO NOT REPLACE MEDICAL CONSULTATION, EXAMINATION, DIAGNOSTICS, OR TREATMENT; (II) MEDICAL ASSESSMENT, ATTENTION, ADVICE, AND TREATMENT MUST BE SOUGHT BY YOU INDEPENDENTLY OF THE COACHING SERVICES, AND SUCH ASSESSMENT, ATTENTION, ADVICE, AND TREATMENT SHOULD NOT BE IGNORED OR DELAYED DUE TO THE PROVISION OF COACHING SERVICES; (III) END USERS SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE; (IV) END USERS SHOULD ALWAYS CONSULT WITH THEIR HEALTHCARE PROFESSIONAL IF THEY HAVE QUESTIONS OR CONCERNS ABOUT THEIR HEALTH OR CONDITION; (V) THE COACHING SERVICES DO NOT PROVIDE EMERGENCY MEDICAL SERVICES; AND (VI) THE PROFESSIONAL DUTY TO THE PATIENT IN THE PROVISION OF HEALTHCARE SERVICES LIES SOLELY WITH THE HEALTHCARE PROFESSIONAL PROVIDING SUCH PATIENT CARE.
(b) No Doctor-Patient Relationship. Your use of the Services does not establish a doctor-patient, therapist-client, or other professional therapeutic relationship with Sonar or its Wellbeing Coaches.
(c) Emergency Situations. Sonar will use its best efforts to ensure users receive support promptly, however Sonar’s Services are not a substitute for emergency services. If you believe you or someone you know is in crisis, please contact emergency services immediately.
The Services
The Sonar Services offer personal wellbeing coaching for youth that provides text-based support, conversational guidance, and motivational check-ins to help users navigate everyday challenges. Our goals are to:
- Offer youth a supportive space to share their thoughts and feelings through text-based conversations.
- Recognize patterns or signals based on user interactions within the Sonar platform to proactively offer emotional support and guidance. This includes responses to messages, surveys, or prompts provided through the Services.
- Provide timely alerts and supportive nudges aimed at promoting emotional wellness and encouraging self-care, which may also involve outreach to trusted contacts designated by the user, known as “Wellbeing Allies.”
- For Partners that support youth, aggregate data and insights that allow you to understand use of the Services across your organization and receive recommendations on how to improve youth wellbeing.
If you are a youth age 13 or older, you may register for an account with us. As part of account registration, participating youth may designate up to ten individuals to be a Wellbeing Ally. If you are under age 13, your parent or legal guardian must establish an account on your behalf.
As further described in the Services, your Wellbeing Allies may receive Notifications based on your use of the Services, as well as prompts and surveys sent by us.
All personal data collected by us remains subject to our Privacy Policy. Sonar will provide standard support for the Services. We will make commercially reasonable efforts to keep the Services available 24 hours a day, 7 days a week, except during planned downtime or interruptions caused by circumstances beyond our reasonable control, such as a force majeure event. We reserve any and all rights not expressly granted to you pursuant to these Terms of Use.
What Are the Basics of Using Sonar?
Participating Youth Registration. Youth age 13 or older, and a parent or legal guardian acting on behalf of a youth under age 13, whose wellbeing will be supported through the Services (each, a “Participating Youth”) must sign up for an account and select a password and username (a “User ID”). You promise to provide accurate, complete, and updated registration information about yourself or, if acting on behalf of a youth under age 13, about your child. You may not select as your User ID a name that you do not have the right to use or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. Once registered, a Participating Youth may designate Wellbeing Allies, who may receive Notifications based on the Participating Youth’s use of the Services. You agree that we may deliver Notifications to designated Wellbeing Allies as part of the Services. At all times while a Participating Youth is registered for the Services, at least one Wellbeing Ally must be the Participating Youth’s parent, legal guardian, or caregiver (an “Adult Wellbeing Ally”), and the Participating Youth represents and warrants that any person designated as an Adult Wellbeing Ally has that relationship to them.
Wellbeing Ally Registration. If you are invited to become a Wellbeing Ally, you may be required to sign up for an account to receive Notifications. You agree to these Terms by using the Services. To remove yourself as a Wellbeing Ally, contact support@sonarmentalhealth.com.
Coaching. You will be able to receive coaching via text message from our Wellbeing Coaches. Coaching may begin either at your request or via a check-in sent by a Wellbeing Coach.
Notifications and Acute Risks. Sonar’s goal is to empower youth with supportive messages and proactive check-ins. If a user’s responses indicate a potential risk to their emotional wellbeing, Sonar will use commercially reasonable efforts to alert designated Wellbeing Allies and authorized personnel at the user’s Partner, such as school officials, healthcare professionals, or a clinical care team, as appropriate and permitted by applicable law and the Partner Agreements. If Sonar detects behavior or language suggesting an imminent risk to a user’s safety, Sonar will use commercially reasonable efforts to promptly notify the user’s Adult Wellbeing Allies and, where appropriate, authorized personnel at the Partner. These alerts are intended as supportive prompts, not clinical interventions. Sonar is not equipped to diagnose, treat, or prevent mental health conditions. Although Sonar takes its escalation responsibilities seriously, it cannot guarantee detection of every possible safety risk. Users should seek professional help if they have concerns about their mental or physical health. In an emergency, always call 911 immediately.
Privacy and Your Partner. If you access Sonar through a Partner, Sonar may receive and process information about you, which may include PHI or protected student data. Sonar will use and disclose protected data only as permitted by applicable law and the applicable Partner Agreements. As part of providing the Services, Sonar may share information with (i) authorized personnel at your Partner and (ii) your designated Wellbeing Allies, as described in the Services, consistent with the choices and consents or authorizations provided by you and, if applicable, your parent or legal guardian, and only as necessary for wellbeing and safety purposes.
General. You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). You will only use the Services for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account. By using the Services, you may enroll to receive mobile texts and alerts about the Services, including from other users. Message and data rates may apply. If you would like to opt out from receiving such messages, you can follow the instructions provided in those messages or otherwise reply STOP to any Sonar alert.
Permitted Use. You agree to use the Services only for their intended purpose: receiving wellbeing support, acting as a Wellbeing Ally, or care coordination on behalf of a Partner. You may not use the Services for unauthorized marketing, spam, or to build a competitive product.
Method of Communication
Our primary modes of communication with you include SMS (text) messages, in-app messaging through the Sonar mobile application, and email. By providing your phone number and downloading the Sonar mobile app, you authorize and consent to receive SMS messages, push notifications, and other communications from Sonar. Message and data rates may apply. You may revoke your consent to receive SMS messages or app notifications at any time by replying STOP to a text, adjusting your in-app settings, or contacting support@sonarmentalhealth.com. Please note that opting out of these messages may impact your ability to receive certain notifications or support through the Sonar platform.
Additional Restrictions
Your use of the Services is subject to the following additional restrictions. You represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:
- (a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Sonar);
- (b) Violates any law or regulation, including any applicable export control laws;
- (c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- (d) Jeopardizes the security of your Sonar account or anyone else’s (such as allowing someone else to log in to the Services as you);
- (e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- (f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
- (g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- (h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); or
- (i) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What Are My Rights in Sonar?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) may be protected by copyright and/or other intellectual property laws. Sonar expressly reserves all rights with respect to its own Content.
You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Sonar’s) rights.
You understand that Sonar owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
Licenses You Grant
In order to operate the Services, you grant Sonar certain rights in content or information you provide, post, upload, transmit, or otherwise make available through the Services (“User Content”). Sonar will exercise those rights in a manner consistent with our Privacy Policy and applicable law.
License to operate the Services. You grant Sonar a non-exclusive, worldwide, royalty-free license to host, store, copy, process, transmit, display, and modify your User Content solely: (a) to provide, maintain, and secure the Services for you; (b) to perform Sonar’s obligations to, and provide the Services on behalf of, your Partner; and (c) for technical purposes (for example, ensuring content is viewable across devices). This license continues only for as long as Sonar reasonably needs your User Content for the foregoing purposes, and as otherwise required to comply with applicable law and Sonar’s obligations to your Partner.
Service providers. Sonar may permit its contractors and service providers to exercise the foregoing rights solely to provide and support the Services, subject to appropriate confidentiality and security obligations.
De-identified use. Sonar may use User Content in de-identified form for product improvement, analytics, and service enhancement only to the extent such de-identification is performed in accordance with applicable law (and, if the User Content includes PHI, in accordance with 45 C.F.R. § 164.514(b)(2) and any applicable Partner Agreements).
No transfer of ownership. These are license rights only; as between you and Sonar, you retain any ownership rights you have in your User Content, subject to the rights granted in these Terms.
Responsibility for Content
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services. For the avoidance of doubt, Wellbeing Allies are solely responsible for determining whether and how to respond to a Notification.
Contacting Authorities
Sonar may, at its discretion, notify designated Wellbeing Allies if it detects concerning behavior that suggests a potential risk to a user’s emotional wellbeing. However, this does not replace the need for emergency medical intervention or professional care. Sonar may notify law enforcement, governmental agencies, or other organizations designated by you, if it believes it is legally required to do so or if it determines that immediate intervention is necessary. This is done as a precaution and not as a clinical determination. Please note that, unless compelled by a legally binding court order, we do not search for, monitor, or report online activity concerning reproductive health.
Changes to the Services and These Terms
Will Sonar ever change the Services? We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you when practical.
Will these Terms ever change? We may update these Terms from time to time. Continued use of the Services after any such changes constitutes your acceptance of the revised Terms. The date of the most recent revision will be posted at the top of this page.
What If I Want to Stop Using Sonar?
You’re free to do that at any time, by contacting us at support@sonarmentalhealth.com, please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. Sonar may terminate or suspend your access to the Services or your account for cause (for example, a material breach of these Terms), as required by applicable law, or as requested or directed by your Partner. After account termination, Sonar may delete, de-identify, and/or retain information associated with your account in accordance with applicable law, the Privacy Policy, and Sonar’s obligations to your Partner (including any obligations to export, return, or destroy information). Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us.
What About My Privacy?
Sonar takes the privacy of its users seriously. Please refer to our current Privacy Policy. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13 without parental consent; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13 without first having obtained verifiable parental consent, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information without parental consent, please contact us at support@sonarmentalhealth.com.
What Else Do I Need to Know?
Warranty Disclaimer. Neither Sonar nor its Wellbeing Coaches, licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our Wellbeing Coaches, licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS-IS” and without any warranty of any kind from Sonar or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY SONAR (AND ITS WELLBEING COACHES, LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, SONAR DOES NOT GUARANTEE OR WARRANT (A) THAT THE SERVICES WILL FUNCTION TO PREVENT MINORS FROM BEING EXPOSED TO INAPPROPRIATE, HARMFUL, UNSAFE, OR OBSCENE CONTENT ONLINE, (B) THAT THE SERVICES WILL PREVENT OR OTHERWISE DISCOURAGE CYBERBULLYING OR SELF-HARM BY USERS, (C) THAT THE SERVICES WILL DETECT ALL CYBERBULLYING AND SELF-HARM BY USERS, (D) ALL SOCIAL MEDIA SITES, STREAMING MEDIA, WEB-BASED EMAIL SERVICES, CLOUD STORAGE SITES, OTHER INTERNET SITES (INCLUDING PORN, GAMBLING AND OTHER INAPPROPRIATE SITES FOR MINORS), DIRECT MESSAGES AND ELECTRONIC DOCUMENTS AND FILES WILL BE BLOCKED OR MONITORED, OR (E) THAT INFORMATION PROVIDED TO WELLBEING ALLIES IS MEDICALLY APPROPRIATE OR ACCORDS WITH THIRD PARTY BEST PRACTICES.
No Professional Advice. SONAR AND ITS WELLBEING COACHES DO NOT PROVIDE MEDICAL, THERAPEUTIC, OR LEGAL ADVICE. ALL MESSAGES, NOTIFICATIONS, AND INSIGHTS PROVIDED THROUGH THE SERVICES ARE FOR GENERAL WELLBEING SUPPORT ONLY AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR MENTAL HEALTH TREATMENT. USERS ARE STRONGLY ENCOURAGED TO CONSULT WITH A LICENSED PROFESSIONAL FOR ANY MEDICAL OR MENTAL HEALTH CONCERNS. Sonar is not a substitute for clinical services, and it does not diagnose, treat, or manage any health conditions. If you or someone you know is in immediate danger, call 911 or seek emergency help immediately.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SONAR (OR ITS WELLBEING COACHES, LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $500; PROVIDED, HOWEVER, THAT THE FOREGOING CAP SHALL NOT APPLY TO (1) SONAR’S GROSS NEGLIGENCE, RECKLESSNESS, WILLFUL MISCONDUCT, OR FRAUD, (2) SONAR’S UNAUTHORIZED USE OR DISCLOSURE OF YOUR PROTECTED HEALTH INFORMATION IN VIOLATION OF APPLICABLE LAW OR THE PARTNER AGREEMENTS, OR (3) SONAR’S INDEMNIFICATION OBLIGATIONS UNDER APPLICABLE LAW, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Assignment. Except as expressly authorized herein, you may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Sonar’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Severability. If any term (or part of a term) of the Terms is invalid, illegal or unenforceable, the rest of the Terms will remain in effect.
No Third-Party Beneficiaries. These Terms do not confer any benefits on any third party.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Sonar may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Sonar agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Sonar, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Sonar, and you do not have any authority of any kind to bind Sonar in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and Sonar agree there are no third party beneficiaries intended under these Terms. For clarity, these Terms do not supersede, limit, or modify any Partner Agreements between Sonar and your Partner, including any master services agreement or business associate agreement, and those agreements govern Sonar’s obligations to your Partner.
Dispute Resolution
Mandatory, Bilateral Arbitration and Waiver of Class Actions
Please read this carefully. It affects your rights. YOU AND SONAR AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF SONAR, TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH SONAR, TO THIS AGREEMENT, OR TO THE CONTENT, AND/OR USER SUBMISSION ON SONAR SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or Sonar’s right to seek injunctive or other equitable relief in state or federal court in San Francisco to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms.
“Disputes” shall include, but are not limited to, any claims or controversies between you and Sonar against each other related in any way to or arising out of in any way from the Service, the Content, User Submission, including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Sonar, even if the claim arises after you or Sonar has terminated Service or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) that Sonar brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Sonar, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with Sonar; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.
Dispute Notice
Before initiating an arbitration, you and Sonar each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be emailed to: support@sonarmentalhealth.com. Sonar will provide a Notice of Dispute to you via the email address associated with your User ID. You and Sonar agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until this 45-day post-notice resolution period expires. If an agreement cannot be reached within 45 days of receipt of the Notice of Dispute, you or Sonar may commence an arbitration proceeding.
Arbitration Process and Procedure
Unless you and Sonar agree otherwise in writing, arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. Further, unless both you and Sonar expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.
YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND SONAR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
The JAMS Rules are available on its website. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and Sonar each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
Hearing
If your claim does not exceed $5,000, you and Sonar agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and Sonar submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or Sonar, or deemed necessary by the arbitrator, you and Sonar agree that the hearing will be conducted telephonically or videographically.
Arbitrator’s Decision
An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the State of Delaware.
Complaints and Feedback
If you have any complaints about a Wellbeing Coach or any aspect of our website or if you have any questions or would otherwise like to provide any other feedback, then you can contact us by emailing: support@sonarmentalhealth.com. Your query will be directed to our complaints team.
- Website
- www.sonarmentalhealth.com
- Address
- 2108 N ST # 9120, Sacramento, CA 95816