Terms of Service - Last Updated 4/6/2021

Toucan is a peer support platform, not professional therapy! Please do not use Toucan for emergency medical needs. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY!

If you are considering suicide or taking any action that might cause harm to you or to others, please call the suicide hotline number - 1.800.273.8255. Other immediate help resources can be found here. If you believe you or someone else is in danger, please call 911 immediately! Toucan is a wonderful resource for our community, but is NOT a community of professionals and is NOT therapy. Please contact the appropriate hotline when you are faced with an immediate crisis.

By using the Services (as defined below), you acknowledge your understanding that nothing contained in the Services and no communications you have through Toucan are medical or psychological help. Similarly, you acknowledge and agree that, while Toucan encourages anonymity, your communications through the Services do not have any expectation or provision of confidentiality or privacy. Listeners are not medical professionals and no Services, conversations or communications constitute nor should be considered medical advice.

  1. Terms and Conditions Please carefully read these Terms of Use (the “Terms”) before using Toucan. These Terms apply to your access to and govern your use of the Toucan platform offered by Toucan App Inc (“Toucan”), including but not limited to the Toucan Huddle communication platform and related features, products and services that may be provided and accessible via the app and related websites and applications (collectively the “Service”), and any and all information, communications, text, graphics, photos, images or other materials uploaded, downloaded or appearing on the Service. By accessing and using the Service you agree to be bound by and comply with all terms and conditions set forth in these Terms. If you do not agree to all of these terms and conditions, you are not permitted to use the Service. As used herein, the terms “You,” “Your,” and “Yourself” all refer to the individual user of the Service.

    By agreeing to these Terms, and by using the Service, you certify that you are a) over the age of eighteen (18) and b) are physically located in the United States of America (and agree that you will cease use of all Services should that change).

  2. Permitted & Acceptable Use of the Services. Toucan takes the safety and security of its users very seriously. You agree not to use or access the Services for any unlawful, deceptive, illegitimate or unpermitted purpose, in any unlawful, deceptive, illegitimate or unpermitted manner, or in any other way in violation of these Terms. Specifically, you agree not to use the Services or communicate with third parties through the platform in any manner that is defamatory, unlawful, libelous, obscene, fraudulent, predatory of minors, encourages or promotes hate speech, or is harassing or threatening to any person or group of people. Further, you agree not to use the Services to share or distribute any materials or information that is unlawful, infringes the rights (including but not limited to intellectual property rights) of any third party.

    You agree not to use the Services in an unauthorized or illegal manner, or use the Services to gain unlawful or unpermitted access to Toucan or the devices of any third party, including but not limited to users of the Services. You further agree that you will not, and will not assist any third party in taking any actions to disrupt the operation or functionality of the Services.

    Conversations held through the Toucan Services are not recorded or stored by Toucan, but Toucan cannot ensure that others you speak to through the platform will not record the conversation. Toucan disclaims any and all liability for any such actions by users or third parties, and/or the content of discussions held through use of the Services, and/or anything else beyond Toucan’s reasonable control. You are solely responsible for your own behavior and actions while using the Service and for any and all information or materials you make available through the Service. To the extent that you have been directed to or granted access to Toucan by your employer and/or by another third party partner of Toucan, you acknowledge and agree that such third party company or organization is not responsible or liable for the actions taken or comments made by by users of the Service or other third parties, whether to you or otherwise, and you are solely responsible for your own behavior and actions while using the Service.

    Users of Toucan are permitted to use the Services either by purchasing credits to act as a Speaker in a Huddle or, in certain cases, by acting as a Listener for a Speaker in a Huddle. For every two (2) completed Huddle in which you act as a Listener, you will be granted one (1) credit to act as a Speaker in a future Huddle. You acknowledge and agree that any and all credits for Huddles, whether purchased or earned by acting as a Listener for another Toucan user, are non-transferrable and cannot be sold, distributed, shared or transferred without the express, written consent of Toucan.

    Toucan is not a professional therapy platform and permitted use of Toucan is limited to peer-to-peer communication; by accessing and using the platform, you expressly agree not to promote any products or services of yourself or any third party (including but not limited to your professional therapy services).

  3. Privacy. Toucan takes your privacy and security extremely importantly. Information about our privacy practices can be found in our Privacy Policy, available at https://thetoucanapp.com/privacy-policy.html (the “Privacy Policy”). By agreeing to these Terms and/or by using the Service, you are also agreeing to the terms of the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms.

  4. Intellectual Property & Third Party Content. The Service and any and all content and materials made available on or through the Service are the sole and exclusive property of Toucan and are protected by copyright, trademark, patent, trade secret and/or other intellectual property rights. All branding, materials, software, applications, and related content made available to you by or through the Service are the property of Toucan and you acknowledge and agree that you do not acquire, by virtue of using the Services or otherwise, any right, title or interest therein except to the limited extent necessary for you to use the Service as provided by Toucan. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or otherwise make available any materials you receive through the Service to any third party. Toucan and any and all other branding, logos and imagery relating to the Services are the trademark and/or copyrighted material of Toucan and Toucan reserves all rights thereto. For clarity, nothing contained herein grants or shall be interpreted to grant to you any right, and you expressly disclaim any and all rights to a) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow or facilitate a third party, whether directly or indirectly, to take any of those prohibited actions, b) transfer, sell, lease, rent, distribute, disclose or provide any third party with access to the Service, or c) use the Services for the purpose of creating any competitive product or service. To the extent that Toucan may incorporates content from and/or links to content, products, goods or services of a third party, you acknowledge and agree that Toucan has no responsibility for any such content, and that Toucan is not and will not be liable for any damage or loss caused or related to any such content. Emergency resources are provided as a service by Toucan, and you acknowledge and agree that Toucan will have no liability arising from any error in such numbers or information provided by such third party services.

  5. Disclaimers. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE, TOUCAN DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES, OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TOUCAN DOES NOT WARRANT THAT THE SERVICES OR ACCESS THERETO WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TOUCAN DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGES, LOSSES, CLAIMS OR LIABILITIES ARISING FROM OR RELATING TO THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, THE INTERNET, OR OTHER SYSTEMS NEEDED TO ACCESS THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THE SERVICE OR ANY COMPUTER SYSTEM, INCLUDING LOSS OF DATE OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION BY THE SYSTEM CAUSED BY ANY PERSON THROUGH YOUR LOGIN INFORMATION.

  6. Indemnity & Limitation on Liability. You agree to indemnify and hold harmless Toucan and its subsidiary and affiliated companies, partners, and their respective owners, directors, shareholders, employees, successors and assigns from and against any and all claims, demands or causes of action, and related losses, liabilities, costs and expenses (including but not limited to attorney’s fees and expenses) arising out of or relating to a) your access to and use of the Services, b) any actions made using your login information, whether by your or someone else, and/or c) your breach or alleged breach of these Terms. This obligation shall survive your cessation of use of the Services for any reason.

    IN NO EVENT WILL TOUCAN BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY MATERIALS OR CONTENT ACCESSIBLE THERETHROUGH, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, ERRORS AND OMISSIONS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES. IN THE EVENT OF ANY ISSUE OR PROBLEM WITH THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THERETHROUGH, YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES. TOUCAN SHALL NOT BE LIABLE IN ANY SITUATION FOR ANY EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TOUCAN’S AGGREGATE LIABILITY TO YOU HEREUNDER EXCEED THE AMOUNT PAID BY YOU TO TOUCAN DURING THE TWELVE (12) MONTHS PRECEDING ANY CLAIM.

    Limitations of liability/damages and exclusion of certain warranties are not permitted in certain jurisdictions so the foregoing may not apply to you.

  7. Termination & Alteration. Toucan may suspend or terminate your access to the Service in its sole judgement, at any time and for any reason (or for no reason at all). Toucan has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time in its sole and absolute discretion. Toucan reserves the right to change, suspend or discontinue any or all of the Service, whether temporarily or permanently, at any time, without prior notice, and at its sole discretion.

  8. General. Any dispute relating to these Terms or your use of the Service will be resolved by confidential, binding arbitration based in New York County, NY, USA. You agree that any dispute will be adjudicated on an individual basis and not in a class, consolidated or representative action. These Terms are governed by the laws of the State of New York, without regard to any conflicts of laws provisions. You hereby submit to the venue and jurisdiction of the federal and state courts (as appropriate) located in New York County, NY, in the case that arbitration was not successful or is assigned or appealed to a civil court. You and Toucan hereby expressly agree to waive any right to a jury trial. Failure by Toucan to enforce any right or provision of these Terms in one instance will not be deemed a waiver of those rights or its ability to enforce such rights or provisions in any later instance. If any provision of these Terms is held by a court to be invalid or unenforceable, the remaining provisions will remain in full force and effect and these Terms will be interpreted as if the invalid/unenforceable provision(s) was never included. Toucan may provide notice to you via email at the address you provided at the time you created your Toucan account. These Terms constitute the entire agreement between you and Toucan and supersede and replace any prior agreements or understandings regarding the Service or otherwise. Toucan may revise these Terms and the Privacy Policy at any time and without notice to you. By continuing to access and/or use the Service after such revisions become effective, you agree to be bound by those revised terms. Please read these Terms regularly for revisions.