Overview
These Terms & Conditions ("Terms") govern your access to and use of lenaathena.com and the Heard app (collectively, the "Services"), including all content, products, and services offered through them. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
The Services are intended for users who are 18 years of age or older. By using the Services, you confirm that you meet this requirement.
We may update these Terms at any time. Updates take effect immediately upon posting. Your continued use of the Services after changes are posted constitutes your acceptance of the updated Terms. We encourage you to review this page periodically.
Disclaimer
All content on the Services is for educational and informational purposes only. Nothing on the Services constitutes legal, medical, financial, or therapeutic advice. Heard is a communication practice tool, not a substitute for therapy or professional counseling. Use of the Services does not create a therapist-client, doctor-patient, attorney-client, or any other professional relationship.
The Services and all content are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Results from coaching, courses, or app use are not guaranteed. Individual outcomes vary.
AI-Generated Content Disclaimer
The Heard app uses artificial intelligence, including Claude by Anthropic, to generate practice conversations and coaching notes. AI-generated content may be inaccurate, incomplete, or not suited to your specific situation. You should not rely on AI-generated content as a substitute for professional advice.
Lena Athena makes no representations or warranties regarding the accuracy, completeness, or appropriateness of any AI-generated content. We are not responsible for any errors, hallucinations, or omissions in AI outputs, or for any actions you take in reliance on them.
Limitation of Liability
To the fullest extent permitted by applicable law, Lena Athena, its owners, employees, contractors, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the Services or any content provided through them, even if advised of the possibility of such damages.
In no event shall Lena Athena’s total liability to you for all claims arising out of or related to these Terms or the Services exceed the greater of: (a) the total amount you paid to Lena Athena in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred dollars ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, Lena Athena’s liability shall be limited to the fullest extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless Lena Athena, its owners, employees, contractors, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any content you submit or transmit through the Services.
Force Majeure
Lena Athena shall not be liable for any failure or delay in the performance of the Services resulting from circumstances beyond our reasonable control, including but not limited to: acts of God, internet or telecommunications outages, third-party platform or API failures (including Anthropic’s services), pandemics, government restrictions, or other events outside our control. In such circumstances, our obligations under these Terms will be suspended for the duration of the event.
Purchases and Payment
All purchases made through the Services, including app subscriptions, courses, and coaching programs, are final. We do not offer refunds once a purchase is made or a program has begun, except in cases of verifiable technical error resulting in a duplicate charge.
For coaching programs with recurring payments, future payments may be canceled with a minimum of 48 hours’ notice before the next billing date. Cancellation stops future charges only and does not entitle you to a refund of any amount already paid.
For app subscriptions, you may cancel at any time. Cancellation stops future billing and takes effect at the end of your current billing period. No partial refunds are issued for unused time within a billing period.
If you believe you have been charged in error due to a technical failure, contact hello@lenaathena.com within 30 days of the charge and we will investigate and resolve the issue.
Payments are processed through third-party payment processors. By completing a purchase, you also agree to the applicable payment processor’s terms of service.
Intellectual Property
All content on the Services, including the Kind Boundaries framework, course materials, app content, written content, and brand assets, is owned by Lena Athena and protected by applicable copyright, trademark, and other intellectual property laws.
You are granted a limited, personal, non-exclusive, non-transferable, revocable license to access and use purchased materials for your own personal, non-commercial use only. You may not copy, reproduce, modify, distribute, sell, sublicense, publicly display, or create derivative works from any content without our prior written permission.
Any unauthorized use of our intellectual property may result in immediate termination of your access to the Services and may subject you to legal liability.
Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Agreement to Arbitrate. You and Lena Athena agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") will be resolved by binding individual arbitration, not in court, except that either party may bring an individual claim in small claims court if it qualifies.
No Class Actions. You and Lena Athena agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
Arbitration Rules. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures, or such other rules as mutually agreed. The arbitration will take place in California, or by video conference at your election. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Opt-Out. You may opt out of this arbitration agreement by sending written notice to hello@lenaathena.com within 30 days of first using the Services. Your notice must include your name, email address, and a clear statement that you are opting out of arbitration.
Governing Law
Except as modified by the arbitration clause above, these Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute not subject to arbitration shall be resolved exclusively in the state or federal courts located in Santa Clara County, California, and you consent to personal jurisdiction in those courts.
Termination
We reserve the right to suspend or terminate your access to the Services at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms. Upon termination, all licenses granted to you under these Terms will immediately cease. Provisions that by their nature should survive termination will survive, including but not limited to: Disclaimer, Limitation of Liability, Indemnification, and Dispute Resolution.
Changes to These Terms
We reserve the right to modify these Terms at any time. The date at the top of this page reflects the most recent update. Your continued use of the Services constitutes acceptance of any changes. For material changes, we will make reasonable efforts to provide notice.
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hello@lenaathena.com