Terms of Use

This Website Terms of Use (“Terms”) is entered into by and between Unconscious Wound (“Company,” “we,” “us,” or “our”) and the individual or entity accessing any portion of the Company website located at unconsciouswound.com, together with all related domains, mobile sites, applications, and services (collectively, the “Services”) (“you” or the “User”).

These Terms become effective (“Effective Date”) on the earliest of the date the User first visits, browses, or otherwise interacts with any part of the Services (including via an internet-connected device).

WHEREAS the User desires to access and/or participate in the Services and agrees to be legally bound by the obligations, disclaimers, and community standards set forth in these Terms.

By entering this website, you agree to comply with these Terms of Use.

NOW, THEREFORE, the receipt and sufficiency of which are hereby acknowledged, Company and the User hereby agree as follows:

Definitions

The terms “Site,” “Website,” or “Services” refer to the “Unconscious Wound” website, including all its content, features, functionality, and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto. The terms “Company,” “we,” “us,” and “our” refer to the owner and operator of the Website, while “User,” “you,” and “your” refer to any individual or entity accessing or using the Site.

“Site Content” is defined as all original content, features, and functionality on the Website, including but not limited to text, articles, graphics, logos, images, audio clips, video clips, and software owned by the Company.

Eligibility and capacity to contract

By using this Website, you represent and warrant that you are at least the age of majority in your state, province, or jurisdiction of residence and are legally capable of entering into a binding contract. This requirement is crucial for a platform that inherently deals with sensitive and adult themes. You acknowledged that

The subject matter of this Website delves into complex and sensitive themes may be unsuitable for minors; and Any access by anyone under 18 is unauthorized and a violation of these Terms. We reserved the right to terminate your access if we believe you are under 18 years of age.

Right to modify terms

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. Supplemental terms and conditions or documents that may be posted all the time are hereby expressly incorporated herein by reference.

Ownership of content and intellectual property

The Website and all Site Content are the exclusive property of the Company and its licensors and are protected by the laws of the Hong Kong Special Administrative Region, including but not limited to the Copyright Ordinance (Cap. 528) and the Trademarks Ordinance (Cap. 559), as well as other applicable international laws and treaties. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us. You agree not to engage in the use, copying, or distribution of any Site Content other than as expressly permitted herein.

Limited license to user

Your access to and use of the Website and Site Content is permitted on a strictly limited, non-exclusive, non-transferable, and revocable basis, intended only for your personal, non-commercial use in strict accordance with these Terms. All rights not explicitly permitted to you in these Terms are expressly reserved by Company. To protect the intellectual property and integrity of the Services, you are denied any right to resell, make derivative use of, or otherwise commercially exploit the Site or its contents. Furthermore, any use of data mining, robots, scraping, or similar data gathering and extraction tools is strictly prohibited.

Prohibition on ai model training

You are expressly and strictly prohibited from using any Site Content or User-Generated Content for the purposes of developing, training, validating, or otherwise operating any artificial intelligence (AI), machine learning (ML), large language models (LLMs), or similar systems, without our express prior written consent. You agree that any violation of this clause constitutes a material breach of these Terms. In the event of such a breach, you shall be liable for liquidated damages in an amount not less than One Million United States Dollars (USD $1,000,000), together with reimbursement of all legal fees, costs, and expenses incurred in enforcement, as well as any additional fines, penalties, or compensatory damages arising from harm to our brand, goodwill, or reputation.

Permitted use and prohibited conduct

You agree to use the Website only for lawful purposes and not for any purpose that is prohibited by these Terms. Prohibited activities include, but are not limited to:

Illegal and Harmful Activities include: Engage in any activity that is illegal under local, state, national, or international law; Attempting to gain unauthorized access to our systems or networks; Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; and Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

Using the Website in any way that could lead to Safety and Wellbeing Violations, including Engage in any behavior that harasses, intimidates, threatens, or bullies any individual or group. This includes promoting violence or hate speech on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease; You may not use the platform to diagnose, psychoanalyze, pathologize, or apply psychological labels to other users based on their shared content. Offering support is encouraged; imposing unsolicited analytical frameworks is strictly forbidden. This rule is in place to prevent amateur psychologizing that can be harmful and invalidating; You may not promote, encourage, or provide instructions for suicide or self-harm. Discussing feelings of suicidality or experiences with self-harm for the purpose of seeking support is permitted. In such cases, we strongly encourage users to contact a crisis hotline or mental health professional, and we may provide links to such resources.

Using the Website in any way that could lead to Platform Integrity Violations, including Use any automated system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools (“scraping”). Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

Using the Website in any way that could lead to Intellectual Property and Privacy Violations, including: Infringe upon any copyright, trademark, patent, trade secret, or other intellectual property rights of any party. Violate the privacy of any third party, including by posting another person’s personally identifiable information without their express consent.

Fees, payments, and subscriptions

Should Company offer any products, services, or subscriptions for a fee, the following terms shall apply. All purchases made through the Website are subject to product and service availability. We expressly reserve the right, in our sole and absolute discretion, to refuse, limit, or cancel any order you place with us. These restrictions may include, but are not limited to, orders placed by or under the same user account, the same payment method, and/or orders that use the same billing address. We may also, at our sole discretion, limit or prohibit sales to any person, geographic region, or jurisdiction. We are not obligated to provide a reason for any such refusal, limitation, or cancellation. Prices for our products and services are subject to change without notice.

To complete any purchase, you agree to provide current, complete, and accurate purchase and account information. You further agree to promptly update your account and other information, including your email address and payment method details, so that we can complete your transactions and contact you as needed. By submitting such payment information, you automatically authorize Company and our third-party payment processor to charge your selected payment method for the total amount of your purchase, including any applicable taxes. You represent and warrant that you have the legal right to use any payment method utilized in connection with any transaction.

If you purchase a subscription, you consent to our recurring billing policy. Your subscription will automatically renew at the end of each billing cycle unless you cancel it prior to the renewal date through your account settings or by contacting us directly. By purchasing a subscription, you authorize us to charge your payment method on a recurring basis (e.g., monthly, annually) for the subscription fee, any applicable taxes, and any other charges you may incur in connection with your use of the subscription service. The length of your billing cycle will be disclosed to you at the time of purchase. Cancellation will take effect at the end of the current billing period, and you will continue to have access to the service until that time.

All fees and charges are non-refundable. To the fullest extent permitted by law, we offer no refunds or credits for partially used subscription periods or for any other purchases made on the Website. You are solely responsible for paying all government-imposed taxes, fees, duties, and levies associated with your purchases.

Links and third-party resources

The Website may provide links to external websites, applications, content, or resources that are not owned, controlled, or operated by Company (“Third-Party Platforms”). You acknowledge and agree that any such links are provided for informational purposes only and their inclusion does not constitute an endorsement, approval, sponsorship, or affiliation by Company. We do not vet, monitor, or exercise any control over these Third-Party Platforms. As such, Company makes no warranties or representations and assumes absolutely no responsibility for the content, accuracy, security, or practices of any Third-Party Platform. The inclusion of any link does not imply that we have reviewed the linked platform or its content.

Your interaction with any Third-Party Service is governed solely by the terms and conditions and privacy policies of that third party, not by these Terms. The moment you click on a link and navigate away from our Website, you are no longer under the protection of our Terms of Use or Privacy Policy. You acknowledge that you access and use any Third-Party Service entirely at your own risk and are solely responsible for undertaking your own due diligence. We strongly advise you to read the terms, conditions, and privacy policies of any Third-Party Service that you visit before providing any personal information or engaging in any transactions.

To the fullest extent permitted by law, Company expressly disclaims any and all liability for any loss, damage, or harm—whether direct, indirect, incidental, or consequential—that may arise from your use of or reliance on any Third-Party Services. This includes, but is not limited to, damages resulting from financial loss, data breaches, malware infection, or exposure to offensive, inaccurate, or illegal material. You irrevocably covenant and undertake to hold the Company harmless from any and all claims or disputes arising from your interactions with any third party.

Critical disclaimer

No Professional Status or Fiduciary Duty. You must explicitly acknowledge, understand, and agree that Company is not a healthcare provider, not medical organization, not psychological counseling center, or any form of licensed therapeutic service. All content available on this platform, whether created by us, other users, or AI, is provided solely for informational purposes. Your use of the Services, and your access to any information contained therein, does not create a doctor-patient, therapist-client, or any other form of professional, confidential, or fiduciary relationship between you and Company or its affiliates. The platform is not, and must never be considered, a substitute for a formal therapeutic alliance with a qualified and licensed professional. No duty of care is created or implied by your use of the Website.

Not a Substitute for Professional Medical or Mental Health Care. THE CONTENT AND SERVICES ARE NOT INTENDED TO BE, AND MUST NOT BE INTERPRETED OR RELIED UPON AS, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR THERAPY. You are solely responsible for your own health and well-being. Always seek the direct advice of your physician or another qualified and licensed health provider with any questions you may have regarding a medical or mental health condition. Never disregard professional medical advice or delay in seeking it because of something you have read, seen, or experienced on the Services. If you are in crisis, believe you may have a medical emergency, or are experiencing suicidal thoughts, you must immediately call your doctor, 911, or your local emergency services.

Assumption of Sole Risk and No Guaranteed Outcomes. Your use of this Website and any information or content provided is done entirely at your sole risk. Any testimonials, case studies, or examples featured on the Website represent the unique, subjective experiences of those individuals. They are provided for illustrative purposes only and are not a promise or guarantee that you will achieve the same or similar results. Company makes no representations, warranties, or guarantees regarding any specific outcomes, changes, or results from using the information provided on the Services. You accept full responsibility for any and all consequences of your use, or non-use, of the information provided on or through the Website.

Limitation of liability

You explicitly acknowledge and agree that, to the fullest extent permitted by applicable law, in no event shall Company, its directors, employees, agents, partners, affiliates, or licensors (collectively, the “Company Parties”) be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages. This includes, but is not limited to, damages for loss of profits, loss of revenue, loss of data, loss of goodwill, cost of procurement of substitute goods or services, emotional distress, or any other intangible losses.

This limitation of liability applies regardless of whether the alleged liability is based on contract, tort (including negligence), strict liability, statute, or any other legal theory, and even if the Company Parties have been advised of the possibility of such damage. The foregoing limitation shall apply to all claims arising out of or in connection with: (a) your access to or use of (or your inability to access or use) the Services; (b) any content or information obtained from the Services, including any reliance placed on such information; (c) any conduct or content of any third party on the Services, including other users; or (d) any unauthorized access, use, or alteration of your content.

You acknowledge that this limitation of liability is a fundamental and essential element of the basis of the bargain between you and the Company. Your access to and use of the Website and its contents are provided in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, and you agree that these limitations are reasonable and fair.

Indemnification

You agree to defend, indemnify, and hold harmless Company, its parent and subsidiary companies, its affiliates, and its and their respective directors, officers, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable attorneys’ fees and court costs, which may be incurred by or asserted against the Indemnified Parties, arising out of or in any way connected with the following:

(a) Your access to or use of the Website and its Services;

(b) Your breach or violation of any provision of these Terms of Use;

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate fully with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our express prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Right to terminate

We reserve the absolute right, in our sole and unfettered discretion, to suspend, restrict, deny, or terminate your access to all or any part of the Website at any time, for any reason or for no reason at all, without prior notice and without any liability to you. Such right applies regardless of whether your use is active, passive, direct, or indirect. Reasons for restricting or terminating access may include, without limitation: (a) any breach or violation of these Terms of Use or any other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) discontinuance or material modification of the Website or any part thereof; (d) unexpected technical or security issues or problems; (e) your actual or suspected engagement in fraudulent, abusive, harmful, or illegal activities; or (f) any conduct which, in our sole judgment, adversely affects the interests of the Company, the Website, or other users.

You acknowledge and agree that we are under no obligation to provide you with continued access to the Website, and that we shall have no liability whatsoever for any loss, damage, or inconvenience you may suffer as a result of our exercise of these rights.

Dispute resolution

You and the Company agree that any dispute, claim, or controversy arising from or relating to these Terms or your use of the Website (“Disputes”) will be resolved by binding, individual arbitration administered by the Hong Kong International Arbitration Centre (HKIAC), and not in a court of law.

Each party may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class action proceeding.

You and the Company 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. The arbitrator may not consolidate more than one person’s claims. This class action waiver is a material and essential part of this arbitration agreement.

Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.

You irrevocably agree that the courts of the Hong Kong Special Administrative Region shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims) that is not subject to arbitration.

Company respects the intellectual property rights of others and is committed to complying with the provisions of the Copyright Ordinance (Cap. 528) of the laws of the Hong Kong Special Administrative Region. We will respond to clear and valid notices of alleged copyright infringement that comply with the requirements set out below.

Procedure for Reporting Copyright Infringement

If you are a copyright owner, or are authorized to act on behalf of one, and you believe that any material on the Website infringes upon your copyright, you may submit a written notification (“Takedown Notice”) to our Designated Copyright Agent. A valid Takedown Notice must be in writing and include substantially the following information:

1) Your Identity and Contact Information: Your full legal name, physical address, telephone number, and a valid email address. To verify your identity, we reserve the right to request a copy of a valid government-issued identification document (e.g., Hong Kong Identity Card, passport, or Business Registration Certificate for a corporate entity). This information will be used solely for the purpose of verifying your identity and processing your complaint.

2) Proof of Authority: If you are not the copyright owner, you must provide clear evidence of your authority to act on their behalf, such as a signed letter of authorization or power of attorney.

3) Identification of the Copyrighted Work: A detailed description of the copyrighted work that you claim has been infringed. If you are claiming infringement of multiple copyrighted works in a single notification, you must provide a representative list of such works.

4) Identification of the Infringing Material: A precise description of the material that you claim is infringing and information reasonably sufficient to permit us to locate the material on our Website. The most effective way to do this is to provide the specific URL(s) where the infringing material can be found.

5) Statement of Good Faith Belief: A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6) Statement of Accuracy: A statement that the information in your Takedown Notice is accurate and, made under penalty of perjury (or an equivalent legal affirmation recognized under Hong Kong law), that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7) Your Signature: A physical or electronic signature.

Please send your completed Takedown Notice to our Designated Copyright Agent at the contact information provided below.

Submission of a Takedown Notice does not obligate us to remove or disable access to the identified material within any specific period of time. We will review and respond to all valid Takedown Notices in good faith and in accordance with applicable law, but we expressly reserve the right to determine the manner, scope, and timing of any action taken in response to such notices, at our sole discretion.

Notices and electronic communications

By using the Website, you consent to receiving electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

General provisions

These Terms constitute the entire agreement between you and the Company regarding your use of the Website

If any provision of these Terms is found to be inconsistent or invalid under applicable law, that provision will be deemed void and removed, but the rest of the Terms will remain valid and in full force and effect.

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision

We may assign our rights and obligations under these Terms to another organization, but this will not affect your rights. Your rights are personal and non-transferable.