Terms of Service

Welcome to the ChemoCheer web application ("Application").

By accessing and using the Application, you agree to be bound by the following terms and conditions. Please read them carefully.

Acceptance of Terms:
1.1. By using the Application, you acknowledge and agree to these terms of use ("Terms"). If you do not agree with these Terms, please refrain from using the Application.

User Age Restrictions:
2.1. If you are under 13, you must obtain permission from your parent or legal guardian to use the Application.

Use of Camera:
3.1. The Application uses the camera on your device to capture and share photos.
3.2. By using the Application, you grant us the necessary permissions to access and use your device's camera for the intended functionality of the Application.

User Content:
4.1. You are solely responsible for any content that you upload, share, or post through the Application.
4.2. By uploading, sharing, or posting content, you warrant that you own the rights to such content or have obtained the necessary permissions and licenses to use and share it.

Privacy:
5.1. We respect your privacy and are committed to protecting your personal information. Our use of your personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms.

Arbitration:
6.1. Any dispute, claim, or controversy arising out of or relating to the Application or these Terms shall be resolved through binding arbitration.
6.2. This agreement to arbitrate is between ChemoCheer, all of ChemoCheer’s users, and all of ChemoCheer’s vendors and third party service providers, including the providers of any underlying technology.
6.3. You waive your right to participate in class action lawsuits or class-wide arbitration.

Biometric Data Consent:
7.1. In order to provide you with enhanced features, the Application may scan and process your facial geometry.
7.2. By using the Application, you consent to the scanning and processing of your facial geometry for the purpose of providing the Application's features.
7.3. We will process your biometric data solely on your device and will not send it to any third parties.

Notice and Compliance:
8.1. We are committed to complying with all applicable laws related to obtaining consent from our users.
8.2. We will take reasonable measures to prevent unauthorized access to the Application's features and to process biometric data only on your device.

Prohibited Conduct:
9.1. When using the Application, you agree not to:
9.1.1. Violate any applicable laws or regulations;
9.1.2. Infringe upon the intellectual property rights of others;
9.1.3. Upload or share any content that is illegal, obscene, defamatory, or violates the rights of others;
9.1.4. Attempt to gain unauthorized access to the Application or interfere with its operation;
9.1.5. Engage in any activity that could harm or disrupt the Application or its users.

Intellectual Property:
10.1. All intellectual property rights, including copyrights, trademarks, and patents, related to the Application and its content belong to us or our licensors.
10.2. You may not reproduce, modify, distribute, or otherwise use any copyrighted material or trademarks without our prior written consent.

Disclaimer of Warranty:
11.1. The Application is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied.
11.2. We do not warrant that the Application will be error-free, secure, or uninterrupted, or that any defects will be corrected.

Limitation of Liability:
12.1. To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of the Application.
12.2. We shall not be responsible for any content posted or shared by users through the Application.

Termination:
13.1. We reserve the right to suspend or terminate your access to the Application at any time without prior notice, for any reason or no reason at all.

Governing Law and Jurisdiction:
14.1. These Terms shall be governed by and construed in accordance with the laws of the State of Michigan. Any disputes arising out of or relating to these Terms or the Application shall be subject to the exclusive jurisdiction of the courts of the State of Michigan.

Changes to Terms:
15.1. We may update or modify these Terms at any time without prior notice. The most current version of the Terms will be posted within the Application.

By using the Application, you confirm that you have read, understood, and agreed to these Terms. If you do not agree with any part of these Terms, please refrain from using the Application.

Last updated: September 13, 2023