Welcome to UpBy5!
Using our Services
You do not gain ownership of any intellectual property rights in our Services or the information you may access by using services. You should not use content from our Services unless you already have the owner's consent or are otherwise permitted by law. Without UpBy5's explicit consent, you are not permitted to utilize any trademarks or logos from our Services. Any legal disclaimers displayed in or together with our Services must not be removed, obscured, or altered.
Some data that does not belong to UpBy5 may appear on our Services. The person who makes this content public is solely responsible for it. We may examine content to see whether it is unauthorized or violates any of our policies, and we will delete or refuse to display content that we feel is illegal or violates the law. We don't always review all content, and you shouldn't expect us to.
We may send you notices, administrative notices, and other information in accordance with your use of our Services. You have the option of opting out of some of these communications. Mobile devices are supported by some of our services. Use our Services in a way that confuses you and makes it impossible or difficult for you to follow traffic and safety rules.
Listening and Therapy Services
OUR SERVICE SHOULD NOT BE USED IN AN EMERGENCY. LISTENERS ON UPBY5 ARE NOT TRAINED OR QUALIFIED TO HELP THOSE IN NEED. ALL CRISIS CHATS WILL BE DISCONTINUED INSTANTLY. IMMEDIATELY CALL 911 (OR THE VALID EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR URGENT HEALTH CARE IF YOU ARE CONSIDERING SUICIDE, IF YOU FEEL YOU MAY BE A DANGER TO YOURSELF OR OTHERS, OR IF YOU HAVE ANY OTHER MEDICAL EMERGENCY.
You acknowledge and accept that Listeners and Therapists are not UpBy5's employees, agents, or representatives and that UpBy5 is not liable for any act or omission by any such Listener or Therapist. Although a psychological or medical health expert, physician, solicitor, or other expert Listener or Therapist may have been obtained through UpBy5, UpBy5 cannot forecast or assess the professional's or other Listener or Therapist's expertise or suitability for your needs.
You also agree and acknowledge that the involvement of UpBy5 is strictly limited to giving access to such Listeners and Therapists for your consideration and that you take total responsibility for decisions to access a Listener or Therapist through the Site and to keep going to interact with the Listener or Therapist. Your connection with the Listener or Therapist with respect to the Listening and Therapy Services is stringent. We have no involvement with the relationship's real content or any aspect of the Listening or Therapy Service.
If certain suspicious or possibly dangerous behavior is found, information communicated between User and Therapist during online therapy services may be evaluated by UpBy5 on a regular basis to conduct quality control, resolve potential safety problems, and avoid exploitation of our platform. We may also undertake research and development using aggregated data from conversation transcripts.
UpBy5 will maintain all relevant confidentiality/HIPAA/privacy requirements when examining this information. UpBy5 makes no depiction or guarantee as to (a) the precision or accessibility of the Listening Platform or the Sites, (b) the willingness or ability of any Listener or Therapist to listen, (c) the intention or possibility of any Listener or Therapist to offer guidance, (d) whether the Member will find a Listener or Therapist beneficial or favorable, (e) whether the Member will find a Listener's or Therapist's advice appropriate, effective, factual, or reasonable; (f) whether the Listener's or Therapist's listening will be beneficial; (g) whether the Listener's or Therapist's advice will be attentive or applicable to the Member's inquiry; or (h) whether the Listener's or Therapist's advice will otherwise be suitable to the Member's needs.
Listeners' abilities, degrees, qualifications, credentials, or backgrounds are not verified by UpBy5. While UpBy5 verifies the licensing, qualifications, and credentials of Therapists who provide services via UpBy5, you agree that such verification of any Therapist's abilities, education, credentials, qualifications, experience, or background is not guaranteed. You are responsible for doing independent verification on any Therapist who supplies you with Therapy Services.
CHECK THE MEDICAL PROFESSIONAL'S, MENTAL HEALTH PROFESSIONAL'S, PHYSICIAN'S, ATTORNEY'S, OR OTHER PROFESSIONAL LISTENER'S CERTIFICATION AND/OR LICENSING WITH THE RELEVANT STATE LICENSURE BOARD OR OFFICIALS IN THE LISTENER'S STATE OR COUNTRY.
If you pay through the Platform or make any other payment to us, the money goes to the Therapist for the Therapist's Services. For the usage and operation of the Platform, we may charge the Therapist a fraction of this amount. Regardless of payment, we shall not be considered the Therapist for any Therapy Services. Furthermore, the Therapist, not you, is responsible for paying for the usage of the Platform.
UpBy5 has bulletin boards where members may ask questions about a variety of topics and listeners, therapists, and other members can volunteer to answer those questions. The information and recommendations on UpBy5 are for educational purposes only and are not intended to substitute a consultation with a professional. Any information supplied on UpBy5 should be double-checked. Any dependency on data is done at your own risk and is solely your responsibility.
UPBY5 OF TEA DOES NOT PROMISE THE AUTHENTICITY, RELIABILITY, OR ACCURACY OF ANY MATERIAL OR ADVICE GIVEN BY LISTENERS OR THERAPISTS, AND UPBY5 IS NOT RESPONSIBLE FOR ANY DAMAGES SUFFERED BY MEMBERS AS A RESULT OF RELIANCE ON SUCH DATA OR ADVICE.
To provide limited, interactive conversation features with our Chatbots, UpBy5 uses cutting-edge technologies such as complicated algorithms and machine learning. Although a Chatbot may have been accessible through UpBy5, you understand and agree that UpBy5 cannot forecast or assess the Chatbot's competency or suitability for your needs. You further realize and agree that you are solely responsible for your decision to use the Site to access a Chatbot and continue to communicate with the Chatbot, and that UpBy5's role is completely limited to providing you with exposure to such Chatbots for your consideration.
UPBY5 DOES NOT GUARANTEE THE ACCURACY, RELIABILITY, OR SAFETY OF ANY MATERIAL OR ADVICE OFFERED BY CHATBOTS, AND UPBY5 IS NOT RESPONSIBLE FOR ANY DAMAGES SUFFERED BY MEMBERS AS A RESULT OF RELIANCE ON SUCH DATA OR ADVICE.
Your UpBy5 Account
To access our services, you must first create an UpBy5 account. You may register as a member and/or a listener on UpBy5. You can only have one member and listener account at a time. Keep your password private to secure your UpBy5 account. Any action that occurs on or through your UpBy5 account is your responsibility. Contact the UpBy5Help Center if you notice any illegal use of your password or UpBy5 account.
Digital Millennium Copyright Act
We respect other people's intellectual property rights and ask that our users do the same. According to the method outlined in the United States' Digital Millennium Copyright Act ("DMCA"), we will react to notifications of abuse or suspected copyright infringement and cancel accounts of repeat offenders. If you feel there has been copyright infringement, please contact our Designated Agent through email or by writing a complaint, as required by the DMCA:
● a summary of the claimed violation
● the signed assertion that you are either the copyright holder or the person authorized to act on behalf of the copyright owner
● Identification of the copyrighted work
● Your personal contact information signed statement that you are the copyright holder or the person authorized to act on behalf of the copyright owner
Your Content in Our Services
About Software in Our Services
Our Services may include downloading software that will automatically update your device when a new version or feature is released. You may be able to change your automatic update settings with some Services. Unless laws prevent such limitations or you have our express consent, you may not duplicate, alter, distribute, sell, or lease any portion of our Services or associated software, nor may you reprogram or try to derive the source code of such software.
Modifying and Terminating Our Services
Our Warranties and Disclaimers
OUR SERVICE SHOULD NOT BE USED IN AN EMERGENCY. LISTENERS ON UPBY5 ARE NOT TRAINED OR QUALIFIED TO HELP THOSE IN NEED. ALL CRISIS CHATS WILL BE DISCONTINUED INSTANTLY. IMMEDIATELY CALL 911 AND NOTIFY THE POLICE OR IMMEDIATE HEALTH CARE IF YOU ARE CONSIDERING SUICIDE, IF YOU FEEL YOU MAY BE A RISK TO YOURSELF OR OTHERS, OR IF YOU HAVE ANY OTHER MEDICAL CRISIS.
We strive to deliver our Services with a respectable amount of care and expertise, and we hope you appreciate them. There are some aspects of our Services that we cannot guarantee.
NEITHER UPBY5 NOR ITS ASSOCIATES, DIRECTORS, OFFICERS, STOCKHOLDERS, AGENTS, SUB-CONTRACTORS, OFFICIALS, OR AFFILIATES MAKE ANY PLEDGES ABOUT THE MATERIAL WITHIN THE SERVICES, THEIR ACCURACY, RELIABILITY, OR CAPACITY TO MEET YOUR NEEDS OTHER EXCEPT AS FULLY SET FOR ALL WARRANTIES ARE EXCLUDED AND WE PROVIDE OUR SERVICES "AS IS."
Liability for Our Services
UPBY5 AND UPBY5'S ASSOCIATES, DIRECTORS, OFFICERS, STAKEHOLDERS, EMPLOYEES, SUB-CONTRACTORS, LEADERS, OR AGENCY ARE NOT LIABLE FOR LOST PROFITS, EARNINGS, OR INFORMATION, ECONOMIC LOSSES, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE
TO THE EXTENT PERMITTED BY LAW, UPBY5 AND ITS ASSOCIATES, DIRECTORS, EXECUTIVES, STOCKHOLDERS, STAFF, SUB-CONTRACTORS, OFFICIALS, AND AGENTS' TOTAL RESPONSIBILITY FOR ANY CLAIMS ARISING OUT OF THESE TERMS, AS WELL AS FOR ANY IMPLIED WARRANTIES, IS DEPENDENT ON THE AMOUNT YOU PAY.
UPBY5 AND ITS MEMBERS, OWNERS, OFFICERS, STOCKHOLDERS, WORKERS, REPRESENTATIVES, AND AFFILIATES WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT POTENTIALLY FORESEEABLE IN ANY SITUATION.
Business Uses of Our Services
If you use our Services on behalf of a company or organization, that company or organization accepts these terms as well. It will hold UpBy5 and its associates, deputies, executives, stockholders, staff, sub-contractors, members, and agents innocuous and indemnify them from any allegation, suit, or intervention arising from or related to the use of the Services or a violation of these terms, including any liability or expense resulting from claims, setbacks, harm, suits, verdicts, legal expenses, and lawyers' fees.
About These Terms
We reserve the right to update these terms, as well as any supplementary conditions that apply to a Service, to reflect changes in the law or changes to our Services. You should review the conditions on a frequent basis. Any changes to these conditions will be posted on this page and emailed to registered users. Modified additional terms will be announced in the appropriate Service. Adjustments to a Service that address new functionalities or changes made for legal reasons will take effect immediately. If you do not agree to the updated terms for a Service, you should stop using that Service immediately.
If there is a dispute between these terms and the extra terms, the conflict will be resolved by the additional terms. The connection between UpBy5 and you is governed by these terms. They don't provide anybody else the right to be a beneficiary. If you violate these conditions and we do not take immediate action, it does not indicate that we will relinquish any rights we may have.
If a term is found to be unenforceable, it will have no bearing on the other clauses. Any issues arising out of or connected to these terms or the Services shall be governed by California law, excluding California's conflict of laws regulations. All disputes arising out of or pertaining to these terms or the Services shall be heard exclusively in the state or federal courts of the United States of America, and both you and UpBy5 consent to jurisdiction in those courts. Visit our contact page for additional information on how to get in touch with UpBy5.