Terms of Service
Updated: May 7, 2025
These Terms of Service (“Terms”) constitute a legally binding agreement between you and Silent Time, Inc. dba Tori Health (together with its affiliates, “Company”, “we,” “our” or “us”) governing your use of our products, services, mobile application (the “App”), interactive features and services, and website (the “Site”) (all collectively referred to in these Terms as the “Tori Health Services”). In addition, our Privacy Policy (“Privacy Policy”), the Tori Medical, PC HIPAA Notice, other Tori Health Services operating rules, policies, price schedules (if any), promotions rules and additional supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein into these Terms by reference.
These Terms constitute the entire and only agreement between you and Tori Health Services™ with respect to your use of the Tori Health Services and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Tori Health Services.
Please review these Terms carefully.
These Terms apply in their entirety: :
When you register as a Tori Health Services member (“Member”); or
When you register for one of our sweepstakes, promotional offers or contests, as offered from time to time (the “Promotions”).
YOU MUST AFFIRMATIVELY CONSENT TO USE TORI HEALTH SERVICES, AND BY DOING SO, YOU CONSENT TO THESE TERMS, INCLUDING OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING OUR PRIVACY POLICY, IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE TORI HEALTH SERVICES OR PROMOTIONS IN ANY MANNER OR FORM WHATSOEVER.
For information about the processing of your personal data by us, please see our Privacy Policy.
Modification of Terms Tori Health Services may, without notice, update, revise, or change the Terms, and the scope and functionality of the Tori Health Services, in whole or in part, at any time and for any reason. However, any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution shall not apply to any disputes that arose prior to the applicable amendment or modification. The latest Terms will be posted on the Site, and you should review the Terms prior to using the Tori Health Services. By your continued use of the Tori Health Services, you agree to comply with, and be bound by, all of the terms and conditions effective at that time (other than with respect to disputes arising prior to the amendment or modification of the dispute resolution provisions, which shall be governed by the dispute resolution provisions then in effect at the time of the subject dispute). Therefore, you should regularly check the Terms for any updates and/or changes. You understand and agree that Tori Health Services is not responsible or liable in any manner whatsoever for your inability to use the Tori Health Services.
Requirements Tori Health Services are not available to: i) any users previously suspended or removed from the Site or Services; or ii) ANY PERSONS UNDER THE AGE OF 18. By using the Tori Health Services, you represent and warrant that you are over the age of 18. I.
We offer the Tori Health Services to various healthcare providers, health plans and/or other organizations and companies (collectively, “ Health Program Companies”). Members, employees, clients or customers of such Health Program Companies may be subject to the payment terms provided by their respective Health Program Company.
Description of the Content
Subject to these Terms, end – users that possess the requisite technology and register with our platform shall have the opportunity to view all or some of the quizzes, nudges, materials, and activities (collectively, “Activities”), as well as the media, text, images, graphics, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations, user interfaces, audio, video, photographs, trademarks, logos, artwork, news articles and other content made available by and through the Tori Health Services (collectively, and together with the Activities, the “Content”). We do not represent or warrant that the Content and other information posted by and through the Tori Health Services is accurate, complete, up to date or appropriate, and the Content should not necessarily be relied upon. You understand and agree that we will not be responsible for, and we undertake no responsibility to monitor or otherwise police such Content. You agree that we shall have no obligation and incur no liability to you in connection with any such Content. You may find certain Content as posted by Members and/or Third – Party Providers to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Tori Health Services.
If you would like to register a complaint, notify us of a dispute, notify us of any improper use of your Content or other information or notify us of inaccurate or misleading Content appearing on the Tori Health Services or otherwise made available by and through the Tori Health Services, please feel free to contact us at team@torihealth.com.
Description of the Tori Health Services The Tori Health Services include a series of proprietary Tori Health Services Content that are designed to address behavioral health needs, including, but not limited to, suicidal ideation, anxiety, mood disorders, and attention disorders, by employing a broad range of skills.
Member Content Terms of Use and Restrictions As a Member, you agree that you are solely responsible for the Member Content and/or other information that you publish, transmit and/or post by and through the Tori Health Services. You agree to use the Tori Health Services in a manner consistent with any and all applicable laws, rules and regulations. In connection with your use of the Tori Health Services, you agree not to:
display any telephone numbers, street addresses, URLs, e-mail addresses or confidential information of any third party;
display any audio files, text, photographs, videos or other images containing confidential information;
display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law;
impersonate any person or entity;
“stalk” or otherwise harass any person;
engage in any unauthorized advertising or commercial solicitation of third parties;
transmit any chain letters, spam or junk e-mail;
express or imply that any statements that you make are endorsed by us, without our specific prior written consent;
harvest or collect personal information of other Members or other persons whether or not for commercial purposes, without their express consent;
use any technology, Offering search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Offering or its contents;
post, distribute or reproduce in any way any copyrighted material, trademarks, service marks, trade secrets, patents, domain names, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
remove any copyright, trademark or other proprietary rights notices contained on the Tori Health Services;
interfere with or disrupt any of the Tori Health Services, and/or the servers or networks connected to same;
post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet;
“frame” or “mirror” any part of the Offering, without our prior written authorization;
use metatags, code or other devices containing any reference to Tori Health Services, the Services and/or the Offering in order to direct any person to any other website for any purpose; and/or
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services and/or Offering or any software used on or for the Services and/or Offering.
Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your membership without notice, in our sole discretion. We reserve the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct.
Requirements As a Member, you are granted a non – exclusive, non – transferable, revocable and limited license to access and use the Tori Health Services and Member Content in accordance with these Terms. We may terminate this license at any time for any reason. Unless otherwise expressly authorized by us, you may only use the Tori Health Services and Member Content for your own personal use. No part of the Tori Health Services or Member Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Tori Health Services, Member Content and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the Tori Health Services and/or Member Content. You may not use the Tori Health Services and/or Member Content in conjunction with any other third–party content. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Content or other information from the Site. You may not exploit any aspect of the Tori Health Services and/or Member Content for any commercial purposes. You further agree to indemnify and hold harmless the Company for your failure to comply with this Section 14. We reserve any and all rights not explicitly granted in the Terms.
YOU AGREE THAT WE, IN OUR SOLE DISCRETION, MAY TERMINATE YOUR USE OF TORI HEALTH SERVICES, AND REMOVE AND DISCARD ANY CONTENT, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FOR LACK OF USE OR IF WE BELIEVE THAT YOU HAVE VIOLATED OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS. WE MAY ALSO IN OUR SOLE DISCRETION AND AT ANY TIME DISCONTINUE PROVIDING THE TORI HEALTH SERVICES OR ANY PART THEREOF, WITH OR WITHOUT NOTICE. YOU AGREE THAT ANY TERMINATION OF YOUR ACCESS TO THE TORI HEALTH SERVICES UNDER ANY PROVISION OF THESE TERMS MAY BE EFFECTED WITHOUT PRIOR NOTICE , AND ACKNOWLEDGE AND AGREE THAT WE MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR MEMBER CONTENT AND/OR BAR ANY FURTHER ACCESS TO SUCH FILES, TORI HEALTH SERVICES. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD – PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE TORI HEALTH SERVICES. THE TERMS WILL CONTINUE TO APPLY TO YOUR PAST USE OF TORI HEALTH SERVICES. TERMINATION OF YOUR ACCESS TO AND USE OF THE TORI HEALTH SERVICES SHALL NOT RELIEVE YOU OF ANY OBLIGATIONS ARISING OR ACCRUING PRIOR TO SUCH TERMINATION OR LIMIT ANY LIABILITY THAT YOU OTHERWISE MAY HAVE TO US.
Proprietary Rights All Member Content and other material posted or made available by and through the Tori Health Services including, but not limited to, the design, selection, arrangement and coordination of such Tori Health Services, is owned by, or licensed to, Tori Health Services and is protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Terms, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity, service marks or trademarks with respect to any of the Tori Health Services, Member Content or any document, software, code, algorithm, services or other materials viewed at or through same. The posting of information or material by and through the Tori Health Services by us, any Member or any Third–Party Provider does not constitute a waiver of any right in or to such information and materials. We reserve all rights not expressly granted in the Agreement. The “Tori Health Services” name and logo are trademarks of. All custom graphics, icons and service names are trademarks and/or copyrights of Silent Time Inc., dba Tori Health. All other trademarks are the property of their respective owners. The use of any of our trademarks, service marks, copyrights, patents, trade secrets, domain names, and/or other proprietary rights without our express written consent is strictly prohibited.
Bypassing or Disabling any Portion of the Tori Health Services Offerings or Software You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Tori Health Services. You may not take any action that imposes an unreasonable or disproportionately large load on the Tori Health Services infrastructure. If you bypass or disable any portion of the Tori Health Services or associated software including, without limitation, the blocking of cookies, or blocking the operation of any other Tori Health Services systems, you are in violation of the Terms and we may suspend or terminate your use of the Tori Health Services without notice. Termination of your access to the Tori Health Services will not excuse you from any criminal or other civil liability that may result from your actions.
Indemnification You agree to indemnify and hold us, our parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co – branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third – party due to or arising out of: your use of any of the Tori Health Services Offerings; your breach of the Agreement; your violation of any rights of another individual and/or entity; any dispute between you and any Member, Third – Party Provider or other third – party; or your Member Content. The provisions of this Section are for the benefit of Silent Time, Inc. dba Tori Health, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Disclaimer of Warranties THE TORI HEALTH SERVICES, MEMBER CONTENT AND/OR ANY OTHER TORI HEALTH SERVICES PRODUCTS AND/OR SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY AND ALL WARRANTIES, EXPRESS AND/OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON – INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT THE TORI HEALTH SERVICES, MEMBER CONTENT AND/OR ANY OTHER TORI HEALTH SERVICES PRODUCTS AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR – FREE OR THAT DEFECTS WILL BE CORRECTED; WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE PROGRAMS; WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; WILL RESULT IN ANY SPECIFIC HAPPINESS, MENTAL HEALTH, PSYCHIATRIC OR OTHER BENEFIT OR RELATED OUTCOME; AND/OR WILL BE ACCURATE OR RELIABLE. THE TORI HEALTH SERVICES, MEMBER CONTENT AND/OR ANY OTHER OF OUR PRODUCTS AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE OFFERING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TORI HEALTH SERVICES, ANY MEMBERS, THIRD – PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE TORI HEALTH SERVICES OFFERINGS AND/OR MEMBER CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD – PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PAIN AND SUFFERING, PERSONAL INJURY/WRONGFUL DEATH, LOSS OF INCOME, LOSS OF CONSORTIUM, BUSINESS INTERRUPTION, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WE ALSO SHALL NOT BE LIABLE TO YOU OR ANY THIRD – PARTY FOR:
THE USE OR THE INABILITY TO USE THE TORI HEALTH SERVICES OR MEMBER CONTENT;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND /OR ANY OTHER TORI HEALTH SERVICES PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE TORI HEALTH SERVICES AND/OR MEMBER CONTENT;
THE FAILURE TO REALIZE ANY SPECIFIC SUICIDALITY REDUCTION, MENTAL HEALTH, PSYCHIATRIC OR OTHER BENEFIT OR RELATED OUTCOME; AND
ANY OTHER MATTER RELATING TO THE TORI HEALTH SERVICES OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER TORI HEALTH SERVICES PRODUCTS AND/OR SERVICES.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, SECURITIES LAW VIOLATIONS, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MEDICAL AND OTHER MALPRACTICE, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE THE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF THE COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE TORI HEALTH SERVICES, MEMBER CONTENT AND/OR ANY OTHER COMPANY PRODUCTS AND/OR SERVICES MAY BE BROUGHT BY YOU OR US MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. ACCESS TO THE TORI HEALTH SERVICES, MEMBER CONTENT AND/OR ANY OTHER COMPANY PRODUCTS AND/OR SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Third-Party Websites The Tori Health Services may contain links to other websites on the Internet that are owned and operated by third parties, including Third–Party Providers. In some instances, these websites may be co–branded and the third parties are entitled to use our name and logo on their third–party websites. We do not control the information, products or services available on these third–party websites. The inclusion of co – co-branding and/or links does not imply endorsement by us of the applicable website or any association with the website’s operators. Because we have no control over such websites and resources, you agree that we are not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers, Third – Party Providers featured on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable Third – Party Provider, advertiser or other third – party, as applicable. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
Member Information Except where expressly provided otherwise by us in the Agreement, and subject to the Privacy Policy, all comments, content, information and/or materials that you submit through or in association with Tori Health Services including, without limitation, the Member Content, shall be subject to the Privacy Policy. By submitting such Member Content and/or materials to us, you:
represent and warrant that our use of your submission does not and will not breach any agreement, violate any law or infringe any third – party’s rights and is true and accurate in all respects;
agree that we are free to use, in any manner, all or part of such Member Content and/or materials on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and
grant us all necessary rights, including a waiver of all copyright, trademark, service marks, privacy, right of publicity and moral rights, to use all Member Content and/or materials, in whole or in part, or as a derivative work, without any duty by the Company to anyone whatsoever.
Account security You are responsible for maintaining the confidentiality of your account login credentials, and you are fully responsible for all activities that occur under your Account. You hereby agree not to disclose your password to anyone. We have no obligation to inquire as to the authority or propriety of any use of or action taken under your account and will not be liable for any loss or damage arising from any such use or action, or from your failure to comply with this section. You agree to (a) ensure that you exit from your account at the end of each session on our Services and (b) immediately notify us if you become aware of any unauthorized use of your Account or any other breach of security relating to our Services. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or personal information. If you share your computer with others, you may wish to consider disabling your browser’s auto-sign-in features. We reserve the right to take action we deem necessary to preserve the security of the Tori Health Services and your account, to the extent permitted by applicable law.
Dispute Resolution Provisions The Agreement shall be treated as though it were executed and performed in Delaware U.S.A. and shall be governed by and construed in accordance with the laws of the State of Delaware, U.S.A. (without regard to conflict of law principles).
Should a dispute arise concerning the Tori Health Services, the terms and conditions of the Agreement or the breach of same by any party hereto the parties agree to submit their dispute for resolution by binding arbitration before the American Arbitration Association in Delaware, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; provided, however, that any claims, disputes, actions or proceedings by the Company to relating to its intellectual property rights and/or to prevent unfair competition, misappropriation of trade secrets, unauthorized access, fraud, industrial espionage, and or fraud (including computer fraud) may be brought in the federal courts in Delaware, U.S.A. and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
To the extent permitted by law, you agree that you will not join any arbitral claim with the claim of any other person or entity, and you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against us and/or our employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that we may incur in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits:
does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and
is an independent agreement.
You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Tori Health Services.
We make no claim that the Tori Health Services may be lawfully viewed or that Content may be downloaded outside the U.S.A. Access to the Tori Health Services and Content and use of the Tori Health Services may not be legal by certain persons or in certain countries. If you access and use the Tori Health Services from outside the U.S.A., you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
Miscellaneous Should any part of the Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of the Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Terms. Headings used in these Terms are for convenience only and have no legal or contractual significance. These Terms will be binding on and will inure to the benefit of the legal representatives, successors, heirs, and assigns of both parties, as the case may be. We may assign these Terms in whole or in part at any time without your consent. You may not assign these Terms or delegate any of your obligations hereunder.
Contact Us To contact us directly with any questions or comments that you may have, send an email to team@torihealth.com. We endeavor to listen to or read, as applicable, every message sent in and to reply promptly to each one. The information that is provided by you is used to respond directly to your questions or comments. If you have any questions about the Terms, the Tori Health Services or the practices of the Company, please feel free to contact us at team@torihealth.com.