Terms of Service
TEKU’s products and services are provided by TEKU (“TEKU,” “we,” “our” or “us”). These Terms of Service (“Terms”) are a legally binding contract (the “Agreement”) and govern your access to and use of TEKU’s application/software program, TEKU’s website (the “Platform”) and other digital products, content, workshops, coaching, merchandise sales and any other services provided by TEKU (collectively, “Services”). It is important that you carefully read and understand these Terms. By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Services.
These Terms provide important information, including our limitation of liability, your waiver of any right to participate in a class action, and your agreement to resolve any disputes between you and TEKU by binding individual arbitration. By using the Services, you agree to be bound by these Terms.
IN THE EVENT OF A MEDICAL EMERGENCY, CALL 911. THE SERVICES DO NOT CONTAIN MEDICAL ADVICE.
- Regarding the Use of Our Online Services
TEKU provides a digital and sometimes hybrid (in-person and digital services) platform that enables users of TEKU’s Services to connect with individuals (i.e. mental health providers, educators, wellness instructors, and other community leaders) who may provide a coaching consultation, peer to peer support services, supportive non-clinical services or educational classes, workshops or community-building activities. TEKU may form partnerships with other organizations who may then offer services through TEKU’s Services or Platform. All Services accessed through any TEKU Service or the Platform is bound by these Terms.
Although this Platform and our Services may provide information related to mental health, psychiatry, clinical psychology and other medical issues, such information is not intended to constitute or be a substitute for medical advice from a qualified healthcare provider. Your use of the Platform does not create any therapist-patient or other medical treatment relationship between you and TEKU or any of its representatives (including, but not limited to TEKU’s founder, Dr. Barbara Robles-Ramamurthy).
TEKU is not engaged in: 1) the practice of medicine or mental health care; 2) does not provide medical services, therapy or mental health treatment; and 3) is not a healthcare provider. Our services help foster mental health as preventive and supportive services but do not treat mental illness, do not provide services in a clinically or professional manner; therefore, any of the Services provided by TEKU do not constitute medical or clinical care. Relationships between users and TEKU do not constitute patient-physician/therapist relationships. This distinction is important to allow TEKU to engage in dissemination of information, easy access to supportive services and innovation. IF YOU ARE SEEKING CLINICAL OR MEDICAL CARE, PLEASE SEE YOUR MEDICAL/HEALTHCARE PROVIDER.
TEKU assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the available content or other information or material on this Platform (the “Available Content”). Reliance on any information provided by TEKU, TEKU representatives or others contributing to the Platform at the invitation of TEKU, or subscribers to the Platform, is solely at your own risk. Always seek the advice of your qualified healthcare professionals with any questions you may have regarding a medical condition. Never disregard professional advice or delay in seeking it because of something you have read on this Platform.
TEKU does not provide any medical advice, diagnosis, or treatment suggestions. Any health information services, suggestions, or other content on the Services are for informational purposes only. You assume full responsibility for the use of any information obtained through the Services and agree that we are not responsible or liable for any claim, loss, or damage arising from using that information. If you rely on any information provided by us or on the Services, you do so at your own risk.
TEKU does not guarantee response times for any communications between you and TEKU team members using the Services. The Services are not designed or intended for use in emergency situations. Emergency and urgent questions and situations should be directed immediately by telephone or in-person to qualified professionals (e.g., in the United States, call 988, 911 and/or visit an urgent care center). TEKU is designed to provide resources, education, non-clinical support through coaching, community building and organizing. TEKU is also designed to advance advocacy opportunities to protect family mental health.
- Regarding your Participation in any of our virtual or in-person classes - Legal Liability Release and Assumption of Risk
BY ATTENDING A YOGA, MOVEMENT, MINDFULNESS, WELLNESS OR ANY OTHER CLASS HOSTED BY TEKU (“TEKU’s Live, Recorded Virtual or In-person Classes”), YOU AGREE TO THE FOLLOWING STATEMENT: As consideration for being permitted to participate in any of TEKU’s Live, Recorded Virtual or In-person Classes, I hereby agree that I, myself, my assignees, heirs, guardians and/or legal representatives will not claim against, sue or attach the property of the instructor or TEKU’s for injury or damage resulting from my participation in any aspect of TEKU’s Live, Recorded Virtual or In-person Classes. I hereby release the instructor, TEKU, and all agents and heirs from any and all such actions, claims or demands that I, my assignees, heirs, guardians and/or legal representatives now have or hereafter may have for injury or damage associated with my participation in any of TEKU’s In-person Classes or ANY offerings of the instructor and for all claims, injury damages or liability suffered by me in connection with my participation.
Moreover, Individuals hereby acknowledge that before participating in any of TEKU’s In-person Classes or any program involving exercise, they should consult with a physician.
I have carefully read this entire Agreement and fully understand its contents. I am aware and agree that this is a complete release of liability voluntarily assumed for my participation in any of TEKU’s In-person Classes or ANY offerings of the instructor.
By signing up and participating in any of TEKU’s Live, Recorded Virtual or In-person Classes s classes, I acknowledge that I have read this LEGAL LIABILITY RELEASE and agree to the Terms outlined in this Agreement. I am aware that participation in any of TEKU’s In-person Classes led by TEKU may be a hazardous activity. I acknowledge that a certain minimum level of physical health, strength, fitness, and flexibility will be required. I am voluntarily participating in these activities with knowledge of the risks of injury for which I will voluntarily assume.
- Additional Policies
When using particular Services, you are subject to any guidelines, rules and/or additional terms and conditions applicable to those Services, as may be posted on the Services from time to time. All such guidelines, rules and/or additional terms and conditions are hereby incorporated by reference into these Terms. To the extent of any inconsistency between any provision of these Terms and any other guidelines, rules and/or additional terms and conditions posted on the Services from time to time, the provision(s) of these Terms shall control.
- Changes to these Terms
We reserve the right to change these Terms from time to time, in our sole discretion. In addition, we may change or stop providing the Services at any time. All changes are effective immediately. You agree that your continued use of the Services following such changes constitutes your acceptance of such changes to these Terms.
- Registration and Your Account
The Platform may be accessed and used only by individuals who can form legally binding contracts under applicable laws, are not barred from using the Platform under applicable laws or by TEKU. The Services are currently offered to be accessed by users 18 and older. If the user is under 18 years old, the individual will need to access the Services through their legal guardian who will create the user account for the family unit and agrees to monitor and accept all liability for the minor’s activity on the Platform and the use of Services.
When applicable, you will need to create a user account to access our Services as a client user (“Client”). You agree that the information that you provide to us during registration is accurate, complete, and current and that you will update your information with us, as often as needed, to keep it accurate, complete, and current. You are solely responsible for your account and all activity associated with your account, including maintaining the confidentiality of your password. If you know that someone is using your password or accessing your account without your permission, please email us at [email protected].
- Your Privacy
- Billing and Payments
For our Clients, your coaching or other small-group or individual sessions will be billed as they occur. You can choose to stop seeing your coach or support service provider at any time and you will not be billed further. Any TEKU’s Live, Recorded Virtual or In-person Classes Classes, workshop or community building activities that you purchase are billed at the time of purchase.
For all our users, if you purchase any of TEKU’s Live, Recorded Virtual or In-person Classes Classes, products or services (“Products”) through our Services, including Subscriptions, you agree to pay all applicable fees and taxes. All our Products are non-transferable, unless we specifically communicate otherwise at the time of purchase.
You may access certain Available Content by paying a one-time access fee. TEKU also offers different subscription options, such as monthly and annual subscriptions, which may change depending on Services availability. Except as expressly set forth herein, all fees are non-refundable once paid. All fees are in U.S. dollars. Any promotional or “trial basis” discounts offered are temporary and will terminate at the end of the applicable promotional period, but may be terminated earlier in TEKU’s sole discretion.
You agree to pay the applicable fee in exchange for access to the relevant Available Content or requested Services. You represent and warrant that, by providing your payment information, you are legally authorized to use the payment method designated, and you authorize TEKU and our designated third-party payment processors to charge your designated payment method with such information for the total amount of any fees you owe to TEKU, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your access to the Available Content may be terminated.
For subscription Services, unless you submit a nonrenewal notice through the Platform prior to the end of the then-current subscription term, your subscription will automatically renew. Applicable fees for such renewals will be at TEKU’s then-current rates. If your subscription is not renewed, your access to the fee-based Available Content will terminate at the end of your then-current subscription term.
TEKU reserves the right, in its sole and absolute discretion, to change its subscription plans or adjust its access fees or subscription fees at any time. Any such changes will take effect following notice to you.
- GIFT CARDS.
Payments for Products are not refundable under any circumstances, including but not limited to the termination of a Subscription for whatever reason, unless we specifically communicate otherwise at the time of purchase.
We do not provide refunds for classes in any circumstance, including for unused classes.
- Your Use of the Services
No TEKU materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, or commercially exploited in any way, except as expressly permitted in these Terms. You are prohibited from any use of data mining, robots, or any other data gathering and extraction tools in your use of the Services.
The rights granted to you constitute a limited license and not a transfer of title. All right, title, and interest in and to the Services are, and will remain, the exclusive property of TEKU and its affiliates. The Services are protected by copyright, trademark, other laws of the United States, and possibly by jurisdictions outside of the United States. Nothing in these Terms gives you a right to use TEKU's intellectual property, including but not limited to TEKU's name or any of TEKU's trademarks, logos, domain names, other distinctive brand features, or copyrights.
Subject to these Terms, TEKU grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by TEKU, in the manner permitted by these Terms.
Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any losses or damages of any kind incurred as a result of the use of any content.
- Your Conduct
You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict the use and enjoyment of the Services by us, other users of the Services and/or any third party. Such restriction includes conduct which is unlawful, or which may, in TEKU's sole opinion, result in any disruption within the Services.
In order to preserve the TEKU community and enable us to continue to offer the Services, you agree not to:
- Create and use a false identity or name, or otherwise misrepresent your identity, when interacting with other users of the Services;
- Use or attempt to use another user’s account; and
- Take photos or screenshots of other users while using the Services.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, TEKU’s computer systems, or the technical delivery systems of TEKU’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by TEKU; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.
- Copyright Policy/Intellectual Property Policy
We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged intellectual property infringement, including but not limited to copyright infringement, that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please submit a claim by please submit a claim by e-mailing us at [email protected].
As used in these Terms, “Platform” means: (i) the websites www.joinTEKU.com, www.TEKUcommunity.com,any future applications/software programs, any affiliated website(s) through Ease Practice, Zoom, Learnworlds.com or other sites, including all webpages on such websites; and (ii) the workshops, lessons, podcast episodes, videos, audio files, scripts, newsletters, articles, documents, photos, and other content made available to you to, on a paid or non-paid basis, for your informational and instructional use (collectively, the “Available Content”); and (iii) any current or future public forum(s) hosted on, or as part of, the Site and any and all content posted by Platform members on such forum(s).
All Available Content and other aspects of the Platform are protected by copyright and owned, controlled, or licensed by TEKU. You may not: (i) sell, rent, lease, copy, reproduce, hyperlink, frame, republish, upload, post, modify, transmit, translate, encode, publicly display, or distribute in any way via any medium any Available Content or any other part of the Platform without TEKU’s express prior written consent; (ii) remove any proprietary notices or labels on the Available Content; (iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used on or as part of the Platform; or (iv) use the Platform for any commercial or illegal purpose.Most Available Content is in “streaming” format, which means that it is made available to you as a contemporaneous digital transmission via the Internet from the Platform to your device for personal viewing in real-time. Except as expressly set forth below, you may not download any Available Content or any other part of the Platform without TEKU’s express prior written consent:
Certain Available Content may specifically indicate that downloading is permitted. In such cases, you may download one copy of such Available Content on any single device for your personal, non-commercial use only, so long as you keep intact all copyright and other proprietary notices.
The Available Content and all other aspects of the Platform, including any and all trademarks, logos, text, images, graphics, music, data, software, source code, and other information available through or as a part of the Platform, and including the design, structure, selection, coordination, expression, “look and feel”, and arrangement of the Platform, are the sole property of TEKU and/or its licensors, are protected by copyright, trademark, and other intellectual property laws, and may not be used except in accordance with these Terms or with TEKU’s express written consent. Subject to your compliance with these Terms, TEKU grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Platform in order to access and Available Content, in every case solely for your personal, non-commercial purposes. Other than as necessary for your use of the Platform in accordance with these Terms, TEKU grants you no other privileges, licenses, or rights in and/or to the Platform, and you must keep intact all patent, copyright, trademark, and other proprietary notices on the Platform.
You acknowledge and agree that any breach of any provision of this Section would result in irreparable harm to TEKU, for which money damages would be an inadequate remedy, and, therefore, you agree that TEKU is entitled to injunctive relief to prevent or restrain any breach or threatened breach of this Section, in addition to any other remedies available at law or in equity.
The Services may contain links to third party websites, services, or other content that are not owned or controlled by TEKU. We do not endorse or assume any responsibility for such third party websites, information, products, or services. If you access any third-party website, service or content from TEKU, you do so at your own risk and agree that we will have no liability arising from your use of or access to any third party website, service or content. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
We care about the security of our users. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
- Unsolicited Information
- Term and Termination
These Terms are effective from the date that you first access our Platform, our Services, or effective immediately once you submit any information to TEKU, whichever is earlier. The clauses regarding limitations of liabilities, and indemnification shall survive the termination or expiration of this Agreement.
TEKU may terminate or suspend your user account at any time, in our absolute discretion, with or without notice, for any or no reason. Upon termination of these Terms, your right to use the Services will immediately cease, and you will destroy all copies of information that you have obtained through the Services. All disclaimers, limitations of liability, indemnification, TEKU rights of ownership and licenses to TEKU will also survive any termination.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any part or portion thereof, with or without notice to you. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services, or any part or portion thereof. Nothing in these Terms will be construed to obligate TEKU to maintain or support the Services, or any part or portion thereof, during the term of these Terms.
Lastly, you understand and agree that no Platform can be 100% reliable and accessible and so we cannot guarantee that access to our Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.
TEKU is an online technology platform that provides education and supportive services to families and caregivers. TEKU is not a healthcare or medical provider, and our Services, including but not limited to, our workshops, classes, coaching, supportive services and other services, are not medical advice or clinical treatment and they are intended to be educational only. You should contact your qualified and licensed healthcare worker or therapist if you need any medical advice or treatment.
Any information or links available to our users through the Services are for general information purposes only and are not intended to be relied upon and are not a substitute for professional medical advice.
The Services and all included content are provided on an “as is” and “ as available” basis without warranty of any kind, whether express or implied. Without limiting the foregoing, TEKU expressly disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, non-infringement and any warranties arising out of course of dealing or usage of trade.
Your use of the Services is at your own discretion and sole risk. We make no promises with respect to, and expressly disclaim all liability, to the maximum extent permitted by law, for: 1) Completeness, accuracy, availability, timeliness, security or reliability of the Services or any content provided by the Services, 2) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, 3) the deletion of, or the failure to store or to transmit any content and other communications through the Services, and 4) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEKU SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL TEKU'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNTS PAID BY YOU TO TEKU FOR THE PAST SIX MONTHS FOR THE SERVICES.
THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER OR NOT TEKU HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- Governing Law and Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions. Any claims, legal proceedings or litigation arising in connection with these Terms or the Services, for which the dispute arbitration provision below does not apply, will be brought solely in the federal or state courts located in the City and County of San Antonio, Texas. You consent to the jurisdiction and venue in such courts and waive any objection as to inconvenient forum.
- Dispute Resolution
Before making a claim, you and TEKU agree to try to resolve any disputes through good faith discussions. As used herein, the term “Claim” means any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform, but excluding any claims TEKU may make for injunctive or other equitable relief. You or TEKU may initiate this dispute resolution process by sending written notice describing the dispute and the proposed resolution. In the event that you and TEKU cannot resolve the issue within ninety (90) days following receipt of the initial notice, either party may bring a Claim in accordance with the remainder of this Section.
You and TEKU agree that any dispute, claim or controversy arising out of or relating to these Terms or to your use of the Services (collectively "Disputes") that could not be settled through the process described above will be settled by binding arbitration, except that each party retains 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 party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and TEKU each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and TEKU agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this Section will be deemed void. Except as provided in the preceding sentence, this Section will survive any termination of this Agreement.
21.1 Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section.
21.2 Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
21.3 Arbitration Location and Procedure. Unless you and TEKU agree otherwise, the arbitration will be conducted in San Antonio, Texas. If your claim does not exceed $10,000, the arbitration will be conducted solely on the basis of documents you and TEKU submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
21.4 Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers” and “Limitations of Liability” Sections above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
21.5 Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.
Except as otherwise stated in these Terms or as expressly required by law, any notice to us shall be given by certified postal mail to TEKU 10004 Wurzbach Rd, PMB 283, San Antonio, Texas, Attn: Legal, or by email to [email protected] (Attn: Legal). Any notice to you shall be given to the most current email address in your account.
These Terms are not assignable, transferable, or sublicensable by you except with TEKU’s prior written consent, but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, reorganization, sale of TEKU’s assets, or similar transaction.
The Platform is controlled and operated from the United States. Those who access or use the Platform from other jurisdictions do so at their own risk and are solely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Platform if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all Available Content is intended for individuals located in the United States.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions (except as provided for under this Section 21 “Dispute Resolution”). This document constitutes the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. Neither these Terms nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sub-licensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. We may assign, transfer, or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
- How to Contact Us
The Services are provided by TEKU. You can contact us by e-mailing us at [email protected].
Effective: July 5, 2023