Last modified date: January 12, 2018
Akili Interactive Labs, Inc. (“Akili”) develops cognitive platforms (including the Project: EVO™ platform) which enable multiple clinical products for remote data-capture and intervention. Our proprietary adaptive mechanics allow the software (including embedded software and third party software) to automatically personalize to the patient's ability level with no clinician input required.
Who Can Use the Sites?
You may use the Sites if you are over 18 years of age and are not barred from receiving services under applicable law.
We may need to contact you about your use of the Sites. These communications are part of the Sites and you may not opt out from receiving them. You can opt out from receiving other communications from us by contacting firstname.lastname@example.org. Further, you acknowledge that features of the Sites may, now or in the future, enable your tablet, mobile phone or other similar device to receive text message (SMS) alerts (the “Text Message Service”). You will be required to opt-in to the Text Message Service if you want the Text Message Service activated. Akili will not charge you for the text message (SMS) alerts you may receive from the Sites. However, message and data rates may apply from your mobile carrier in accordance with your wireless customer agreement with your carrier and you are responsible for any such charges. You should consult your wireless service provider regarding its pricing plans.
How You Can Use the Sites
You may be able to add comments and other content (“Visitor Content”) to the Sites. You retain all rights to Visitor Content that you post to the Sites. By making Visitor Content available on or through the Sites, you grant to Akili a perpetual, nonexclusive, transferable, sublicensable, worldwide, royalty free license to use, copy, modify, publicly display, publicly perform, distribute, sell or make derivative works of Visitor Content on an unrestricted basis.
Prohibited Uses of t Sites
You may not impersonate any other individual or entity when using the Sites.
Full use of the Sites is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Sites, and it is your responsibility to ensure the equipment’s functionality.
Akili owns, controls, and/or licenses all text, graphics, interfaces, photographs, trademarks, logos, music, audio, works of authorship of any kind, computer code contained in the Sites and information or other materials that are posted, generated, provided or otherwise made available through the Sites to you (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of this Content. Except for Visitor Content, the Content is protected by trade dress, copyright, trademark laws, other intellectual property rights and other laws of the United States and foreign countries.
Akili reserves the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Akili products without prior notice to you.
Your failure to comply with the Sites’s terms, conditions, and notices will result in automatic termination of any rights granted to you, without prior notice. Except for the limited permission in the preceding paragraph, Akili does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
Links to Other Sites
You agree that Akili may, in its sole discretion and without prior notice, terminate your access to the Sites, including as a result of (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Sites or any service offered on or through the Sites, or (4) unexpected technical issues or problems. Akili similarly reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Sites, or any portion of the Sites, for any reason; (2) modify or change the Sites, or any portion of the Sites, and any applicable policies or terms; and (3) interrupt the operation of the Sites, or any portion of the Sites, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Disclaimers and Limitation of Liability
AKILI’S GOAL IS TO PROVIDE HELPFUL AND ACCURATE INFORMATION ON THE SITES, BUT WE MAKE NO ENDORSEMENT, REPRESENTATION OR WARRANTY OF ANY KIND ABOUT THE SITES, ANY CONTENT, INFORMATION, SERVICES OR RECOMMENDATIONS.
NEITHER AKILI NOR ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES, PROMISES THAT THE SITES OR ANY CONTENT, SERVICE OR FEATURE OF THE SITES WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITES WILL PROVIDE SPECIFIC RESULTS. THE SITES AND THEIR CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
ALL INFORMATION PROVIDED ON THE SITES, INCLUDING AS TO PRICING, FEATURES, AND AVAILABILITY OF PRODUCTS AND SERVICES, IS SUBJECT TO CHANGE WITHOUT NOTICE. ACCORDINGLY, YOU SHOULD CONFIRM THE ACCURACY AND COMPLETENESS OF ALL POSTED INFORMATION BEFORE MAKING ANY DECISION RELATED TO ANY SERVICES, PRODUCTS, OR OTHER MATTERS DESCRIBED IN THE SITES.
AKILI CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. AKILI CANNOT ENSURE THAT ANY INFORMATION YOU TRANSMIT TO THE SITES WILL BE SECURE IN ITS TRANSMISSION AND/OR STORAGE. AKILI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AKILI DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITES AND/OR ANY AKILI SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST AKILI FOR DISSATISFACTION WITH THE SITES OR ANY CONTENT IS TO STOP USING THE SITES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
IN NO EVENT WILL AKILI, ITS SUPPLIERS OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE WHATSOEVER DAMAGES, INCLUDING LOST PROFITS, EVEN IF AKILI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that all matters relating to your access to or use of the Sites, including all disputes, will be governed by the laws of the United States and by the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Boston, Massachusetts, and you waive any objection to such jurisdiction or venue.
Akili administers and operates the Sites from its location in the Commonwealth of Massachusetts, in the United States. Information on Akili’s Sites may contain references to Akili products, programs and services that are not available in your country. Such reference does not imply that Akili intends to make such products, programs, or services available in your country. Any offer on the Sites for any feature, product, or service is void where prohibited. If you choose to access the Sites from outside the United States, you are responsible for complying with applicable local laws.
Certain text in Akili’s Sites may be available in languages other than English. These translations are provided as a convenience to you, and Akili makes no representations or commitments regarding the accuracy or completeness of the translation.
Akili welcomes any feedback you have regarding the Sites. Please be aware that any feedback you provide shall be deemed non-confidential, and Akili shall be free to use such information on an unrestricted basis. Please do not hesitate to contact us by email at email@example.com or by writing to:
Akili Interactive Labs, Inc.
125 Broad Street, 4th floor
Boston, MA 02110
Attn: Legal Affairs