1. Intellectual Property and Ownership

All digital learning materials, including but not limited to course content, text, graphics, videos, interactive modules, and assessments (the “Materials”), are the exclusive property of Empathetics, Inc. The Materials are protected by Title 17 of the United States Code, common laws and registrations of trademark, and all other pertinent intellectual property laws. Unauthorized copying, downloading, screen recording, sharing, distribution, or modification of these Materials is strictly prohibited.

Empathetics, Inc.’s trademarks, service marks, and logos, whether registered or protected by common law use, are the exclusive property of Empathetics, Inc. All other trademarks referenced herein are the property of their respective owners. E.M.P.A.T.H.Y.® is a registered service mark owned by Massachusetts General Hospital and used on the Platform under license.

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2. Restrictions on Use

The following actions are strictly prohibited unless Empathetics, Inc. expressly permits You in writing to do so: 

 

• Copy, download, screen record, or distribute any Materials;

• Share login credentials or provide unauthorized access to third parties;

• Modify, decompile, disassemble, or reverse engineer the Platform or any part thereof;

• Create derivative works based on the Platform;

• Sell, transfer, assign, sublicense, rent, or lease any content appearing on the Platform;

• Use the Materials for commercial purposes outside personal learning or organizational learning through a principal employer.

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3. Account Registration and Security

You may be required to create an account to access portions of the Platform. Creating an account may require input of personal information or credentials. Please see our Privacy Policy for more information about Your rights with respect to personal information. By creating an account on the Platform, You agree to:

 

• Provide accurate and complete information;

• Maintain the confidentiality of your login credentials;

• Notify us immediately of any unauthorized use of your account.

You are responsible for all activity that occurs through Your use of a Platform account. By creating a Platform account, you hereby indemnify, defend and hold harmless Empathetics, Inc. and its subsidiaries and affiliates and their respective officers, directors, employees, stockholders, members, partners, managers, agents and representatives from and against any claims for remuneration by any third party resulting from use of your Platform account.

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4. Scope

If You are accessing the Platform as an employee or authorized agent of an entity which employs more than one thousand employees, Your use is also subject to the terms of your organization’s  internal agreement with Empathetics. In case of conflict, the internal agreement between Empathetics, Inc. and the organization will govern.

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5. Payment and Subscription Terms

By purchasing a subscription to the Platform or paying for access to certain features of the Platform, You agree to the pricing, billing, and cancellation policies disclosed at the time of purchase, regardless of the marketplace from which the Platform or Platform features were purchased. Further, You understand that the pricing, billing, and cancellation policies are subject to change at any time and that notice will be provided to You prior to any changes in policy take effect.

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6. Disclaimer of Warranties

The Platform and Materials are provided “as is” and “as available” without warranties of any kind. Empathetics does not guarantee that the Platform will be uninterrupted, error-free, or that use of the Platform will improve emotional intelligence, empathy, or other outcomes.

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7. Limitation of Liability

To the maximum extent permitted by law, You indemnify Empathetics, Inc. against any claims for indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues arising out of or related to Your use of the Platform.

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8. Termination

We may suspend or terminate your access to the Platform at any time, with or without notice, for any period of time, for conduct that violates these Terms of Use or is otherwise harmful to the integrity of the Platform or other users.

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9. Modifications to Terms

We may update these Terms of Use at any time. We will notify You by posting the revised Terms with a new “Last Updated” date. The “Last Updated” date indicates the most recent revisions to the Terms of Use and do not reflect any issues, inconsistencies, subsequent remedial measures, or shortcomings of the previous Terms of Use. Continued use of the Platform after such changes constitutes acceptance to all modifications of the Terms of Use.

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10. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. Disputes will be resolved through binding arbitration in Boston, Massachusetts, unless otherwise specified by applicable law.

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11. App Store Terms and Conditions

1. Apple App Store
   If you access the Platform via the Apple App Store, you acknowledge and agree that:

 

• These Terms of Use are between You and Empathetics, Inc., and Apple, Inc. (“Apple”) is not a party to such terms.

• Apple is not responsible for the Platform or its content.

• Your use of the Platform must comply with the Apple Media Services Terms and Conditions.

• Apple has no obligation to provide any maintenance or support services with respect to the Platform.

• In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by applicable law, Apple will have no other warranty obligation.

• Apple is not responsible for addressing any claims You or any third party may have relating to the Platform or Your possession and/or use of the Platform.

• You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms.

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1. Google Play Store
   If you access the Platform via Google Play, you acknowledge and agree that:

• These Terms of Use are between You and Empathetics, Inc., and Google is not a party to such terms.

• Your use of the Platform must comply with Google Play’s Terms of Service.

• Google is only a provider of the Google Play marketplace where you obtained the Platform.

• Empathetics, Inc., and not Google, is responsible for providing the Platform and any related content or support.

• Google has no obligation or liability to you with respect to the Platform or these Terms of Use.

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12. Generative AI and Simulations

The Platform may include features powered by generative artificial intelligence (“AI”) or simulation technologies designed to enhance learning, communication, and self-awareness. These features may include dynamic scenarios, conversational agents, or personalized learning paths.

By using these features, You acknowledge and agree that:

 

• AI-generated content is for educational and illustrative purposes only and should not be interpreted as psychological, medical, legal, or professional advice;

• AI may simulate emotional responses or human-like interactions, but it does not constitute a human interaction or therapeutic relationship;

• Your inputs may be processed by AI systems to generate responses, improve future experiences, or support research and development, subject to our Privacy Policy;

• You are responsible for using discretion and good judgment in your interactions with AI features;

• Empathetics does not guarantee the accuracy, appropriateness, or completeness of AI-generated content.

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13. Accessibility Commitment

Empathetics, Inc. is committed to ensuring that all users can access and benefit from our Platform, including users with disabilities. We strive to conform to applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG) 2.1.

To support our commitment to accessibility:

• We aim to design and test our content for compatibility with screen readers, keyboard navigation, and other assistive technologies;

• We continuously review our platform to identify and remove accessibility barriers;

• We provide alternative formats and accommodations upon request;

• We welcome feedback on accessibility improvements and respond promptly to concerns.

If You encounter an accessibility issue, please don’t hesitate to contact us. 

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14. Contact Us

For legal inquiries, accessibility issues, permissions requests, or other assistance please contact us at: support@empathetics.com