Terms of Service for coParenter Platform
Welcome to the terms of service for coParenter platform. These terms shall be referred to as “Terms of Service for coParenter” or just “Terms of Service”. In addition to the other terms, these Terms of Service constitute a legal agreement detailing the terms of your use of the coParenter Site and/or Application (sometimes collectively referred to as our “Platform”). Please read these Terms carefully.
- Eligibility. To be eligible to use the Platform, you must be a resident of the United States or Canada, be 18 years or older, and create an account with a cellular/wireless telephone number that you own. You may also initiate account registration by connecting with your Facebook® account, your Gmail® account, or your Twitter® account, however, we will still need additional information to create your account. You agree that the information you provide to us upon registration and at all other times will be true, accurate, current and complete, and you agree to maintain and update this information with us as necessary. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us. IF YOU ENGAGE WITH A COPARENTING PROFESSIONAL, YOU MUST INFORM THE COPARENTING PROFESSIONAL IF YOU HAVE A CURRENT CIVIL OR CRIMINAL PROTECTIVE ORDER IN PLACE EITHER PROTECTING YOU OR PROHIBITING YOU FROM CONTACT WITH YOUR CO-PARENT.
- NO ATTORNEY-CLIENT RELATIONSHIP. You acknowledge that the Company (including the coParenter Mediators) does not give legal advice and is not responsible for any agreements or transactions on the Platform that may impact your legal rights or remedies. If you reach an agreement with your co-parent, the Company is not responsible for your failure to seek legal advice or to consider your legal remedies. The Company hereby informs you to seek legal advice. IT IS YOUR DUTY AND SOLE RESPONSIBILITY WHETHER REPRESENTED BY AN ATTORNEY OR NOT TO SEEK OUT AND UNDERSTAND ANY LEGAL REMEDIES, RESPONSIBILITIES OR INFORMATION ASSOCIATED WITH ANY COMMUNICATIONS YOU HAVE ON THE PLATFORM. IF YOU ARE REPRESENTED BY AN ATTORNEY, YOU ARE SOLELY RESPONSIBLE FOR CONTACTING, COMMUNICATING AND RECEIVING ANY ADVICE FROM YOUR ATTORNEY BEFORE ENTERING INTO AN AGREEMENT OR COMMUNICATION ON THE PLATFORM. IF YOU ARE REPRESENTED BY AN ATTORNEY, IT IS YOUR SOLE RESPONSIBILITY TO NOTIFY THAT ATTORNEY THAT YOU ARE WORKING ON PARENTING SCHEDULES, AGREEMENTS, AND COMMUNICATION WITH COPARENTER.
- Promotional Trial Memberships. We sometimes offer customers trial memberships, all of which are subject to these Subscription Terms (unless otherwise stated in the offer). For a trial or other promotional membership with no initial charge, you agree we may authorize a charge of up to one dollar ($1) to your method of payment to verify your payment source. AT THE COMPLETION OF A TRIAL MEMBERSHIP, UNLESS YOU CHOOSE TO CANCEL THROUGH THE iTUNES APP STORE AND/OR GOOGLE PLAY, AS APPLICABLE, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY FOR THE TERM YOU HAVE CHOSEN AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL MEMBERSHIP TERM.
- Fees.When you purchase a subscription, you will be charged in accordance with the billing terms in effect at the time of your initial purchase. If you purchase a subscription that is charged in full on purchase, in each renewal period for that subscription, you must pay the total cost of the next subscription period by the first day of that period. Your charge remains for each subscription period no matter if you access the services or Site during any subscription term. In other words, EVEN IF YOU DO NOT USE THE APPLICATIONS, MEDIATION, OR OTHER BENEFITS, YOU ARE RESPONSIBLE FOR SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.
- Billing. All subscription payments are made through the iTunes App Store and/or Google Play, as applicable. Please review the applicable payment terms and conditions directly from the app stores; you are solely responsible for your compliance with such terms.
Renewals. For your automatically renewing subscriptions, your subscription will renew at the end of the initial membership term (the “Billing Date”) and at the end of each successive membership term, until cancel the renewal of your subscription under these Terms or your subscription is otherwise terminated. If you do not cancel, your credit card will automatically be charged for the renewal term of your subscription on your Billing Date. If your purchase date is on the 29th through 31st day of any month, your Billing Date for renewals in months with fewer days will fall earlier in the month. coParenter may adjust your Billing Date in subsequent renewal periods without notice. This will be reflected by a charge to your account on a prorated basis according to the number of days that have passed since the Billing Date of your latest renewal charge. Unless coParenter otherwise notifies you in advance under these Subscription Terms, the renewal charge will be equal to the original purchase price for the subscription.
You must pay the fees associated with your subscription. Additional discounts may be available for members purchasing multiple months up front or as part of certain promotions.
- Notice of Automatic Renewal. We may send a reminder email to your account’s email address of record before your Billing Date. Unless required by law in the state where you reside, coParenter is not obligated to provide this notice. You acknowledge that (i) your failure to read, (ii) your inability to receive, or (iii) coParenter’s failure to send the email creates no liability for coParenter.
Responsibility for Misuse. You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any party the benefits granted to you by or any content in your subscription; or (ii) change, reproduce, reverse engineer, make derivative works based on or referring to, or in any way exploit the licenses you have been granted with your subscription, or content or source code in your subscription.
You are responsible for all expenses incurred or other actions that may occur through your use of a subscription. You must alert us immediately of any fraudulent, unauthorized, illegal, or suspicious use of a subscription or subscription benefits, or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
- Changes to Subscriptions.
- General Changes. coParenter may discontinue the offering of a subscription, including the functionality, content, or availability of any features of subscriptions or Third-Party Services, at any time in its sole discretion. We may also impose limits on features and services or restrict your access to all or part of the subscription. However, you have the right to cancel your membership should we materially decrease benefits. If we add new features to a subscription, the new features will be subject to these Subscription Terms. If you add a product or service to your subscription, coParenter has the discretion to charge you a prorated portion of the costs to align your renewal date with your current subscription. coParenter will provide you notice before doing so.
- Fee Adjustments. coParenter may increase subscription fees by notifying you of new fees at least 30 days before the beginning of a renewal term. The new fees will be effective on the first day of the renewal term. If you do not cancel your subscription, you will be deemed to have accepted the new fees for the renewal term and subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term). Reductions in fees become effective on the first day of the next renewal term without a pro rata adjustment for the period covered under the prior fee schedule.
- Renewal Term Adjustments. coParenter offers subscriptions of various lengths. coParenter may increase the renewal term from monthly, quarterly, or otherwise, to quarterly, annually, or otherwise at our discretion by notifying you of the new renewal term at least 30 days before the beginning of a renewal term. If you do not cancel your subscription, you will be deemed to have accepted the new renewal term moving forward (unless the renewal term is changed in the same manner for a subsequent renewal term).
- Discontinuation and Replacement of Subscriptions. Should coParenter cease to offer your subscription, we can discontinue your subscription, continue to provide it to you, or provision a replacement (similar or comparable product) at the then-current price. Additional fees may be charged for such replacement subscription. coParenter will notify you of new fees at least 30 days before they become effective.
- By Subscriber.
You may upgrade or downgrade your subscription to other available options at any time through Google Play or the iTunes App Store, as applicable.
- Termination or Cancellation
coParenter may terminate your use of all or part of the subscriptions in its sole discretion. As your sole remedy, we will refund to you any prepaid fees specifically related to the current term of that subscription.
Your right to use a subscription is subject to any limits established by coParenter or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including through a chargeback, coParenter may, in its sole and absolute discretion, suspend or terminate your access and account, which will terminate these Subscription Terms and our obligations under them. If a charge made to your credit card is declined, coParenter may, but is not obligated to, contact you and may make multiple attempts to bill that card over a thirty-day period.
If you wish to reactivate your account after a termination, the new term begins on the reactivation date.
- By Subscriber.
You may cancel your subscription at any time online through Google Play or the iTunes App Store. After you have canceled, your subscription will remain active until the end of then-current period.
- Services After Termination. After your subscription is terminated or your membership term has ended, you will not be able to access the corresponding subscription offerings.
- coParenter Mediators and Onboarding Organization Mediators. Our coParenter Mediators are professionals with a wide variety of backgrounds, who are intended to serve as neutral third parties who can assist with navigating disputes with your co-parent. Although some coParenter Mediators may have professional certifications in law, counseling and similar fields, use of the Platform and communication with the coParenter Mediator on the platform does not establish an attorney-client, therapist-client or doctor-patient relationship. The Company makes no representations or warranties regarding the background, licensure, competency or abilities of the coParenter Mediator. In some cases, you may be invited to join coParenter as a member of a community organization, court, law firm, mediation firm, or other private practitioner or organization (referred to as an onboarding organization). In these cases, mediation services may be delivered by volunteer mediators or mediators who are employees of the onboarding organization that invited you to join coParenter. You understand and agree that in these cases, the Company is making coParenter available to the onboarding organization as a software platform only, and that any questions or issues you may have with mediation services delivered by the onboarding organization shall be resolved directly with that organization. Company will make reasonable efforts to put you in contact with your onboarding organization to resolve any questions you may have as a result of their delivery of mediation services to you over the coParenter Platform so long as you make this request by emailing us at firstname.lastname@example.org or by getting technical support through the Platform. YOU AGREE AND UNDERSTAND THAT WHERE AN ONBOARDING ORGANIZATION IS PROVIDING YOU MEDIATION SERVICES ON OUR PLATFORM, THAT ONBOARDING ORGANIZATION IS RESPONSIBLE FOR THOSE SERVICES AND THE CONTENT OF THOSE SERVICES. BY USING MEDIATORS FROM AN ONBOARDING ORGANIZATION YOU SPECIFICALLY HOLD COMPANY HARMLESS FROM ANY ACTION, INACTION, DELIVERY OF MEDIATION SERVICES, CONTENT OR INFORMATION SHARED WITH YOU FROM AN ONBOARDING ORGANIZATION MEDIATOR OR THEIR ASSIGNS.
- coParenter Mediation Sessions. The coParenter Mediation session is a fast-paced text exchange between users and coParenter Mediators for the purpose of helping parties reach agreements. If you enable a “coParenter Mediation Session”, you and your co-parent(s) will be connected with a coParenter Mediator in a three-party (or more, if you have more than one co-parent) live chat (a “Mediation Session”). In order to facilitate optimal resolution of disputes, it is important that you and your co-parent are able to communicate freely with the coParenter Mediator and with each other during the Mediation Session. You understand that if you and your coparent are unresponsive for over 8 hours during a Mediation Session, the coParenter Mediator may close the session due to inactivity. Accordingly, by enabling a Mediation Session, YOU HEREBY EXPRESSLY AGREE THAT ALL COMMUNICATIONS DURING THE COPARENTER MEDIATION SESSION WILL BE CONFIDENTIAL AND THAT YOU WILL NOT PROVIDE SCREENSHOTS, PHOTOS, COPIES, OR THE CONTENT OF ANY COMMUNICATIONS DURING A MEDIATION SESSION IN ANY COURT PROCEEDING INVOLVING YOUR CO-PARENT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, SOLELY WITH RESPECT TO THIS SECTION 4, YOUR CO-PARENT IS A THIRD PARTY BENEFICIARY OF THESE TERMS WITH FULL RIGHT AND AUTHORITY TO SEEK AN ORDER ENJOINING YOUR DISCLOSURE IN VIOLATION OF THIS SECTION. The Company may, but is under no obligation to, bring an action to enforce your compliance with this Section 4. For clarity, the foregoing confidentiality commitment extends only to Mediation Sessions involving you, at least one other co-parent, and a coParenter Mediator, and does not extend to any other communications on the Platform (including, without limitation, direct communications or messages between you and your co-parent, or 1:1 coaching sessions with a coParenter Mediator). To protect their privacy, mediators may not use their real names.
- Agreements; Interactions with Other Users. The Platform provides tools to help you resolve issues with your co-parent and allows you to document understandings and agreements between you and your co-parent (“Agreements”). If you submit a request to your co-parent and they accept that request, it becomes an Agreement. AGREEMENTS ARE NOT LEGALLY BINDING. YOU UNDERSTAND AND AGREE THAT AGREEMENTS AND COMMUNICATIONS YOU HAVE ON OR THROUGH THE PLATFORM ARE NOT PRIVILEGED AND MAY BE SHARED OR DISCLOSED BY YOUR CO-PARENT ON OR OFF THE PLATFORM, SUBJECT TO THE CONFIDENTIALITY COMMITMENTS SET FORTH IN SECTION 4. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH YOU CO-PARENT AND OTHER USERS OF THE PLATFORM. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM COMMUNICATIONS WITH OTHER USERS ON THE PLATFORM OR ANY AGREEMENTS REACHED THROUGH THE PLATFORM.
- Purchases on the Platform; Credits. We may offer the option to make in-app purchases, including for the purchase of credits you can redeem. We reserve the right to revise our credit system from time to time or as needed. Payments may be processed through the Google Play or iTunes App Store from which you originally downloaded the application. Please review the applicable payment terms and conditions directly from the app stores; you are solely responsible for your compliance with such terms.
- Attorney Fees and Costs. You expressly agree to pay any and all attorney’s fees and costs incurred by the Company or any of its officers, employees, agents or representatives, if you seek to compel any of them to testify, respond to discovery, authenticate communications or produce documentation.
- Modification and Termination of the Platform. Company reserves the right to modify or discontinue, temporarily or permanently, the Platform at any time with or without notice to you. You agree that the Company shall not be liable for any modification or discontinuance of the Platform. The Company will make reasonable efforts to notify users of any discontinuance of the Platform and enable download of your information from the Platform.
- Termination of Account. The Company may, in its sole discretion, terminate these Terms and/or your account on the Platform, or suspend or terminate your access to the Platform at any time for any reason or no reason. If your account is terminated, whether due to nonpayment or a Company decision, you acknowledge that the Company may immediately delete data and files in your account and bar any further access to such files or the Platform.
- Third Party Agreements. You acknowledge and agree that these Terms are between you and the Company, not with any third party (including, but not limited to, Apple®, Google®, or any mobile carrier), and that the Company is solely responsible for the Platform. Your use of the Platform may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., AT&T® or Verizon®), and other parties involved in providing your mobile device service. You are responsible for ensuring your use of the Platform is in compliance with all applicable third party terms. If you are using our mobile application on an iOS device, then you acknowledge that Apple is not responsible for the Platform or the content thereof and Apple has no obligation to furnish any maintenance and support services with respect to the Platform. If the Platform fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Platform. Apple is not responsible for addressing any claims by you or any third party relating to the Platform or your possession and/or use of the Platform, including: (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Future Products and Services. If you choose to add a product or service to your subscription, these Terms of Service will apply to that additional purchase as well.
- Suspended Accounts. If coParenter encounters evidence of suspicious activity in connection with my account, including, but not limited to, evidence that my account is being used by someone who is not authorized to do so, I acknowledge that coParenter, in its sole discretion, may opt to temporarily disable my account for a reasonable amount of time in order to investigate. In the event that coParenter disables my account, I understand that, absent a subpoena or court order, no information about my account will be provided to anyone outside coParenter, including me or any authorized contact, until the investigation is complete. Additionally, I understand that coParenter, in its sole discretion, may decide not to send any documents associated with my account to me, while my account is disabled. I acknowledge that coParenter will not be liable for any delays caused by these policies and procedures.
- Reviews. After your purchase, you may receive an email survey request from coParenter. You may also write a review on the Site or Applications. If you complete the survey or submit a review, your opinions may be posted, in whole or in part, on the Site or Applications or used in marketing material. The review may be accompanied by limited identifying information, such as your first name and last initial, the product you purchased, your gender, city and/or state, and age range.
- Access to World Wide Web; Internet Delays. To use coParenter services, I must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain coParenter services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I understand that coParenter is not responsible for delays, delivery failures, or other damage resulting from such problems.
- No Support. We are under no obligation to provide support for the Platform. In instances where we may offer support, the support will be subject to published policies.
- International Use. The Platform is intended for visitors located within the United States and Canada. We make no representation that the Platform is appropriate or available for use outside of the United States and Canada. Access to the Platform from countries or territories or by individuals where such access is illegal is prohibited.
- Force Majeure. coParenter shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, coParenter may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
- Notice to California Residents. Under California Civil Code Section 1789.3, California users of our Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Digital Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- By proceeding with my subscription, I agree to these Terms of Service.
LAST UPDATED: April 26th, 2022