Terms of Use

‍RUNE LABS, INC.

TERMS OF USE

Last Updated on March 07, 2022

These Terms of Use (“Terms”) govern your access and use of the services, content or tools provided by Rune Labs, Inc. (“Rune Labs”, “we”, “us”, or “our”), through our websites (including, but not limited to, runelabs.io and www.strive.group), any web-based portals, mobile or web applications (including, but not limited to, the Strive app for iOS), or other digital products that link to or reference these Terms (collectively, the “Services”). These Terms are a binding legal agreement between you or the entity you represent (“you” or “your”) and Rune Labs, a Delaware corporation with its office at 649 Irving St, San Francisco, CA 94122. These Terms are to ensure that you will use the Services only in the ways in which Rune Labs intends it to be used, and to make clear what uses Rune Labs will not permit or will not be responsible for.

These Terms refer to our privacy policy (“Privacy Policy”), hereby incorporated by reference, that applies to your use of the Services and sets out the terms about how we collect, process, use, and disclose or share any personal data or information about or from you.

Please be aware that these Terms include, among other things, a binding arbitration provision that requires you to submit to binding and final arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. Please see Section 13 below.

Please read these Terms carefully as they may have changed. Though your access and use of the Services is governed by the Terms effective at the time, please note that we may revise and update these Terms from time to time in our sole discretion. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Services prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made.

By browsing, accessing, or using the Services:

You acknowledge that you have read, understood, and accept these Terms and any additional documents or policies referred to in or incorporated into these Terms;
If these Terms have materially changed since you last access or used the Services, you acknowledge and agree that your continued access or use of the Services constitutes your acceptance of the changed Terms;
You represent and warrant that you are at least 18 years of age and have the right, authority, and capacity to enter into these Terms, either on behalf of yourself or the entity that you represent; and
You consent to receive communications from us electronically, and you agree that such electronic communications, notices, and postings satisfy any legal requirements that such communications be in writing.

Services Are for Informational Purposes Only — Not Medical or Healthcare Advice

The Services are for information purposes only, and do not include and should not be relied on for medical or healthcare advice. Rune Labs is not a medical or healthcare provider and does not provide medical, healthcare or other advice. Nothing contained in the Services is intended to replace the services of a licensed, trained physician or healthcare professional or to be a substitute for medical advice of a physician or trained healthcare professional licensed in your jurisdiction. No action or inaction should be taken based solely on the information made available through the Services. Instead, you should consult with appropriate medical or healthcare professionals on any matter relating to your health and well-being.

Using the Services.

We grant you permission to access and use the Services subject to the obligations, conditions, and restrictions set out in these Terms. Your use of the Services is at your own risk. You are responsible for making all arrangements necessary for you to access the Services. In these Terms, a “User” is anyone (including you) who browses, accesses, or in any way uses the Services.

Account Registration and Account Security.

Some or all of the Services (such as the Rune Labs Therapy Developer portal or the StrivePD application), and certain features or functionalities, may require you to register an account with us. When you do, we may ask you to provide certain registration details or other information about yourself, such as your email address, first and last name, company, title, password, and other pieces of information. All such information, including Personal Information as defined in our Privacy Policy, is subject to our privacy practices detailed in our Privacy Policy, available here.

It is a condition of your use of the Services that any information you provide through the Services is correct, current, and complete. You understand and acknowledge that you alone are responsible for any information you provide through the Services, and you, not Rune Labs, assume all risks associated with your information, including anyone’s reliance on its quality, accuracy, reliability, and appropriateness. You may not impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own.

Once you have an account on the Services, you are a “Registered User” of our Services. As a Registered User, you are responsible for all activities that occur in connection with your account. You will treat as confidential your account access credentials and will not disclose it to any third-party. You agree to immediately notify Rune Labs if you have any reason to believe that your account credentials have been compromised, or if there is any unauthorized use of your account or password or any other breach of security. We ask that you use particular caution when accessing your profile from a public or shared computer, or when using your account in a public space, such as a park, café, or public library, so that others are not able to view or record your access credentials or other personal information.

In order to ensure we can protect and properly administer the Services and our community of Users, we have the right to disable or close any Registered User account at any time and for any reason or for no reason. In these Terms, a “User” is anyone (including you) who browses, accesses, or in any way uses the Services.

Prohibited Uses and Conduct.

You may use the Services only for lawful purposes and in accordance with these Terms. We are under no obligation to enforce the Terms on your behalf against another User. We encourage you to let us know if you believe another User has violated the Terms or otherwise engaged in prohibited or illegal conduct.

You agree not to use, and will not assist, encourage, or enable others to use, the Services:

For any commercial purpose, except as expressly permitted under these Terms.
To violate any applicable national, regional, federal, state, local, or international law or regulation.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Rune Labs or Users of the Services or expose them to liability.

To submit, display, transmit, upload, download, use, or reuse any material or information which:
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person;
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms or our Privacy Policy;
Be likely to deceive or confuse any person; or
Promotes or assists in any illegal activity.

Additionally, you agree not to, and will not assist, encourage, or enable others to:

Violate these Terms;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services or Services Content, except as expressly authorized by Rune Labs;
Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services;
Access, retrieve, or index any portion of the Services for purposes of constructing or populating a searchable database;
Reformat or frame any portion of the Services;
Use the Services in any manner that could, in Rune Labs’ sole discretion, disable, overburden, damage, or impair the Services or interfere with any User’s other party’s use of the Services, including their ability to engage in real time activities through the Services;
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including to monitor or copy any of the Services Content;
Use any manual process to monitor or copy any of the material on the Services, or for any other unauthorized purpose without Rune Labs’ prior written consent;
Use any device, software, or routine that interferes with the proper working of the Services;
Use the Services or any Services Content to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature;
Use the Services to violate the security of any computer network, crack passwords or security encryption codes, disrupt or interfere with the security of, or otherwise cause harm to, the Services or Services Content;
Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of Services Content, or features that enforce limitations on the use of the Services;
Reverse engineer any portion of the Services;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services;
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; and
Otherwise attempt to interfere with the proper working of the Services.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

Services Content; De-identified Data and Information.

For purposes of these Terms, “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication; “Rune Labs Content” means Content that we create and officially make available or provide in connection with the Services; “Third-Party Content” means Content that originates from parties other than Rune Labs, which is made available in connection with the Services; and “Services Content” means all of the Content that is made available in connection with the Services, including Rune Labs Content and Third-Party Content.

You understand that when using the Services, you may be exposed to Content from a variety of sources, and that Rune Labs is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of Rune Labs. Any Third-Party Content is solely the responsibility of the person or entity submitting such Content, and we expressly disclaims any and all liability in connection with such Content.

We own Rune Labs Content, including proprietary rights of every kind and nature however denominated throughout the world, registered or unregistered, associated with such Rune Labs Content and the Services, such as patents, patent applications, copyrights, copyrightable works of expression, trademarks, service marks, trade names, rights of publicity and privacy, moral rights, know-how, trade secrets, software and database rights (“IP Rights”), any and all applications, registrations, renewals, or derivatives in connection with the foregoing IP rights, all rights to obtain, register, perfect and enforce these IP rights throughout the world, and any and all actions and rights to sue at law or in equity for any past or future infringement or other impairment of the foregoing IP rights. As such, you may not use, practice, sell, make, offer for sale, have made, import, modify, reproduce, distribute, perform, create derivative works or adaptations of, publicly display, or in any way exploit any of Rune Labs Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and Rune Labs Content are retained by us.

Rune Labs shall be the owner of any data or information collected by Rune Labs in connection with the Services, or derived from such data or information, that has been de-identified in such a way that such data does not reveal any personally identifiable information of the User (“De-identified Data”). Rune Labs may use and disclose De-Identified Data for any purpose.

Rune Labs Trademarks.

Rune Labs’ name, Rune Labs’ logo, and all related names, logos, taglines, product and service names, designs, and slogans are trademarks of Rune Labs or its affiliates or licensors. You may not use these names without the prior written consent of Rune Labs. All other names, brands, and marks that may appear on the Services remain the property of their respective owners and appear on the Services for identification purposes only.

User Communications.

By submitting, transmitting, or sending us any ideas, comments, suggestions, documents, proposals, feedback, materials, information or other communication to, through, or in connection with the Services (“User Communications”), you agree that (i) your User Communications does not contain the confidential or proprietary information of any third party, (ii) we are under no obligation of confidentiality, express or implied, with respect to any User Communications, (iii) we may have something similar to the User Communications already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense any User Communications, and you irrevocably waive, and cause to be waived, against Rune Labs and its users any claims and assertions of any moral rights contained in such User Communications.

Links to Third-Party Websites and Services.

This Services may contain hyperlinks to third-party or other websites, applications, products or services (“Third-Party Services”). If there are Third-Party Services or other resources linked to on this Services, either by Rune Labs or a third-party, these links are provided only for the convenience of our Users. We have no control over the contents of those Third-Party Services or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any Third-Party Services linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for that Third-Party Service.

No Guarantee of Service.

Although we hope to make the Services available at all times in the future, there may be times when we need to disable the Services either temporarily or permanently. The Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Keep this in mind as Rune Labs will not be liable if all or any part of the Services is unavailable at any time, for any period of time. Also, from time to time, we may restrict access to some parts of or the entire Services to Users, including Registered Users. We cannot and do not make any representations or warranties with respect to the devices you use to access or use the Services, including with respect to device compatibility.

Disclaimer of Warranties.

RUNE LABS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE SERVICES AND SERVICES CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER RUNE LABS NOR ANY PERSON ASSOCIATED WITH RUNE LABS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER RUNE LABS NOR ANYONE ASSOCIATED WITH RUNE LABS REPRESENTS OR WARRANTS THAT THE SERVICES OR SERVICES CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YOU WAIVE AND HOLD HARMLESS RUNE LABS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RUNE LABS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER RUNE LABS OR LAW ENFORCEMENT AUTHORITIES.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, (1) CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY” AND (2) NEW JERSEY RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF THE TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT (X) SECTIONS 15, WHICH STATES, AMONG OTHER THINGS, THAT “NO SELLERS…SHALL IN THE COURSE OF HIS BUSINESS OFFER TO ANY CONSUMER OR PROSPECTIVE CONSUMER OR ENTER INTO ANY WRITTEN CONSUMER CONTRACT OR GIVE OR DISPLAY ANY WRITTEN CONSUMER WARRANTY, NOTICE OR SIGN…WHICH INCLUDES ANY PROVISION THAT VIOLATES ANY CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER OR RESPONSIBILITY OF A SELLER…” AND (X) SECTION 16, WHICH STATES, AMONG OTHER THINGS, THAT “…NO CONSUMER CONTRACT, NOTICE OR SIGN SHALL STATE THAT ANY OF ITS PROVISIONS IS OR MAY BE VOID, UNENFORCEABLE OR INAPPLICABLE IN SOME JURISDICTIONS WITHOUT SPECIFYING WHICH PROVISIONS ARE OR ARE NOT VOID, UNENFORCEABLE OR INAPPLICABLE WITHIN THE STATE OF NEW JERSEY…”. YOU HEREBY WAIVE, AS APPLICABLE, THESE SECTIONS OF THE CALIFORNIA CIVIL CODE AND NEW JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISIONS.

Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL RUNE LABS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT RUNE LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM THE SERVICES. THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

Indemnification.

As a necessary condition of your use of the Services, you agree to be responsible for the consequences flowing from your use of the Services and any violation of these Terms. Therefore, you hereby agree to defend, indemnify, and hold harmless Rune Labs, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Services, including, without limitation, (i) any use of the Services, Services Content, and any related products, services, or materials other than as expressly authorized in these Terms or your use of any information obtained through the Services, (ii) your violation of any term of these Terms, (iii) your violation of any third party rights, including without limitation intellectual property or privacy rights, (iv) your or your users’ violation of law, (v) your use of any services provided by third party service providers, or (vi) any breach of any of your representations and warranties.

Governing Law.

You agree that: (i) the Services shall be deemed solely based in California; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by laws of the State of California, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Francisco County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

Arbitration and Class Action Waiver.
Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM RUNE LABS. For any dispute with Rune Labs, you agree to first contact us at info@runelabs.io and attempt to resolve the dispute with us informally. In the unlikely event that Rune Labs has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Francisco County, California, unless you and Rune Labs agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Rune Labs from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND RUNE LABS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Termination.

You may terminate the Terms at any time by closing your account and discontinuing your use of the Services. Please review our Privacy Policy for information about our privacy practices with respect to your personal information when you terminate your account.

We may close your account, suspend your ability to use certain portions of the Services, or ban you altogether from the Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Services, Services Content, or any other related information.

These Terms will survive any termination pursuant to this Section 14, whether by you or us, including without limitation our right to use User Communications as detailed in Section 6.

General Provisions.

These Terms constitute the sole and entire agreement between you and Rune Labs with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

No waiver of these Terms by Rune Labs shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Rune Labs to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with Rune Labs’ prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

Contact.

Any questions, requests for technical support, complaints, claims or other communications relating to the Services should be directed to: info@runelabs.io.