INSIDEOUT 25 APP USER TERMS
Last Updated: 13TH NOVEMBER 2019
IF YOU ARE EXPERIENCING A CRISIS SUCH AS A MEDICAL EMERGENCY, OR YOU ARE HAVING THOUGHTS OF SUICIDE OR VIOLENCE, AND THINK YOU MAY PRESENT A DANGER TO YOURSELF OR OTHERS, OR IF YOU ARE IN AN ABUSIVE RELATIONSHIP OR ARE CONCERNED ABOUT DOMESTIC, CHILD OR ELDER ABUSE, PLEASE CONTACT YOUR DOCTOR OR THE APPROPRIATE EMERGENCY SERVICES OR AUTHORITIES PROMPTLY. INSIDEOUT IS MEANT AS A SUPPLEMENT TO THE HEALTHCARE YOU ARE RECEIVING AND IS NOT A REPLACEMENT FOR ANY CARE YOU MAY BE RECEIVING ELSEWWHERE
Before using the InsideOut mobile device application (the “App”), you must register an account with us and agree to these App User Terms (the “Terms”) by ticking the box– please read these Terms carefully. These Terms constitute a legally binding agreement between you and InsideOut. IF YOU DO NOT AGREE TO THESE USER TERMS, THEN YOU MAY NOT USE THE APP. IF, AT ANY TIME AFTER AGREEING TO THESE USER TERMS, YOU FAIL TO COMPLY WITH THEM, WE MAY SUSPEND AND/OR TERMINATE YOUR ACCOUNT AND YOUR ACCESS TO OUR APP WITHOUT NOTICE.
- WHO ARE WE? The App that is governed by these Terms belongs to InsideOut25 Limited, a company registered in England (referred to as “InsideOut“, “we”, “us” or “our” in these User Terms).
- SERVICES AND APP We provide users with mental health counselling services, and mental health wellness education and content services, which are accessed through our App (the “Services”). You or your employer contracts with us to choose the Services that will be available to you. Your access to and use of the App is made available on an ‘as is’ and ‘as available’ basis at your sole risk. We do not warrant to you that your access to the App will be uninterrupted or error-free. We (or your employer) may change or cease to offer certain features forming part of the Services from time to time and without notice. We do not warrant to you that any particular content will be available as part of the Services. We reserve the right to change the design, features and/or functionality of the App and we may make available updates or replacement versions of the App for download. You are not obliged to download any updates or replacement versions of the App, but we may cease to provide or update content to prior versions of the App. It is your obligation to make sure that you have a compatible device that meets all of the necessary technical specifications to enable you to download, access and use the App and its various features.
- REGISTERING AN ACCOUNT In order to use the Services, you must register and:be at least 18 years old; be eligible to use our Services pursuant to any terms and conditions with your employer; agree to comply with these Terms for as long as your Account is open; and ensure the information in your Account (including in your profile) is accurate and updated regularly with any relevant changes. You must sign up directly with us (via our App) in order to be able to use the Services. When signing up, you must provide information reasonably requested by us as part of the sign-up process. In establishing an Account, you must create a User name and password (which may involve a single-sign-on service feature authorized by your employer). Your Account is personal and non-transferrable, and you must keep your User name and password confidential at all times. You are responsible for any abuse or misuse of your Account and you must immediately report to us any actual or suspected abuse or misuse of your Account. We reserve the right to suspend or terminate your Account at any time, including for security purposes. Subject to anything to the contrary in these User Terms, if you deliberately provide any inaccurate or misleading information to us, or you conduct or facilitate any fraudulent, criminal, abusive or inappropriate activity via our App, we may suspend or terminate your Account without notice. IN ADDITION, IF YOU CONDUCT OR FACILITATE ANY FRAUDULENT, CRIMINAL, ABUSIVE OR INAPPROPRIATE ACTIVITY VIA OUR APP, WE RESERVE THE RIGHT TO DISCLOSE SUCH ACTIVITIES TO YOUR EMPLOYER AND TO THE RELEVANT AUTHORITIES.
- APP RESOURCES The information contained on the App or emailed to you is presented for educational purposes. InsideOut makes no warranties as to the accuracy or completeness of the information and assumes no liability for errors or omission in the content. The information on the App or emailed to you should not be relied on to suggest an authoritative course of action for an individual with medical, or mental health concerns or to replace a consultation with a qualified expert in the field, such as a doctor or health care provider. All Users should consult with a doctor before engaging in changes to diet, physical activity levels or other similar lifestyle or behavioural changes.
- WHAT USERS ARE NOT ALLOWED TO DO Our Services are provided solely for non-commercial and personal use by Users. The advice and counselling provided to you via the app is personal to you and may not be applicable to anyone else. You must not use the advice or counselling you receive to assist others. Please do not copy, resell or resupply, reverse engineer, de-compile or create derivative works of any part of our App, or any part of the software that makes up our App regardless of how you obtained access to such software; or violate any applicable law or regulation through your use of our App or Services. BY CREATING AN ACCOUNT YOU AGREE TO PERSONALLY INDEMNIFY US FULLY FOR ANY LOSS, DAMAGE OR EXPENSE SUFFERED OR INCURRED BY US AS A RESULT OF ANY CLAIM ARISING FROM OR IN RELATION TO YOUR BREACH OF SECTION 7.1 ABOVE OR ANY OTHER ANY OTHER PROVISION IN THESE USER TERMS.
- EMAIL NOTICES AND COMMUNICATIONS TO USERS We may occasionally send you email notices concerning our App or Services, which may include emails tailored to you based on your activity on our App. You may also receive emails from arising from your use of particular Services requiring email communication. Where possible, you will be given the option to choose a different method of communication or to opt out of receiving such communications, although it may adversely affect or otherwise prevent you from receiving the full scope of Services you signed up to receive. If you have consented, we may also send you occasional emails about new products or services. You may opt out of these emails at any time by emailing email@example.com
- EXTERNAL LINKS The App may provide links to other websites as part of the Services we provide to Users, including for educational purposes. Users should exercise discretion when accessing links to other websites through the website or app as InsideOut does not endorse these third-party sites nor make any representation concerning the content of these external sites and is not responsible for the quality of information they present.
- INTELLECTUAL PROPERTY RIGHTS All intellectual property rights in or relating to the Services and App are owned by us or our licensors. You are given a non-exclusive license to use the intellectual property rights concerned only to the extent necessary to enable you to receive the Services and to use the App.
- OUR LIABILITY EXCEPT AS EXPRESSLY SET OUT IN THESE USER TERMS, WE MAKE OR GIVE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, CORRECTNESS, RELIABILITY, INTEGRITY, QUALITY, FITNESS FOR PURPOSE OR ORIGINALITY OF ANY CONTENT OF THE APP, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND ARE HEREBY EXCLUDED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOU OR ANYONE ELSE RELYING ON THE CONTENT OF THE APP.Nothing in these Terms shall exclude or limit our liability to you: for fraud or fraudulent misrepresentation; or for any liability that may not, under governing law, be excluded or limited. We shall not be liable to you (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason) for any loss or damage which arises as a result of: any act or omission of your employer or other third party; or any circumstance which we cannot reasonably be expected to control. You are solely responsible for protecting your login details and password and we will not be held liable for any loss or damage that may result from your failure to do so. Any liability we do have for losses you suffer is strictly limited to losses which were reasonably foreseeable. We shall not be liable to you or to your employer for any loss, damage, liability, cost, claim or expense that you or your employer suffers, incurs or pays as a result of the suspension or termination by us of your access to and use of the Services.
- GENERAL You may not sub-license, transfer, or assign any of the rights or obligations under these User Terms. We may sub-contract or delegate the performance of any of our obligations to you. We may transfer or assign any of our rights or obligations to you to someone else. These User Terms, which include any other terms expressly referred to in them, represent the entire agreement between you and us in relation to this subject matter. All notices given by you to us or vice-versa must be given by email or in writing to firstname.lastname@example.org. If we fail to enforce, or delay in enforcing, any of our rights under these User Terms, that does not result in a waiver of the rights concerned. If any provision of these Terms is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain. These Terms and our other terms incorporated by reference shall be governed by the laws of England and Wales and the courts in England shall have exclusive jurisdiction to settle any disputes which may arise between you and us under these User Terms.
- Specific Terms relating to your relationship with Apple Apple Inc. (Apple) is not a party to this Agreement however Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and upon your acceptance of this Agreement, Apple will have the right to enforce this Agreement against you as a third-party beneficiary. InsideOut (not Apple) is solely responsible for this App. When you download your App through Apple’s iTunes, Apple’s App Store Terms of Service also apply. We are not responsible for how Apple uses your personal information entered via its App Store. Your use of the App is subject to compliance with the Usage Rules set out in the App Store Terms of Service. If your App does not comply with any express, voluntary warranty given by Apple, you should notify Apple and Apple will refund the purchase price (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and subject to the exclusions above, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be InsideOut’s sole responsibility. InsideOut (not Apple) is responsible for providing any maintenance and support of the App. Responsibility as Between InsideOut and Apple. To the extent such claims are not effectively disclaimed in this EULA, InsideOut (not Apple) is responsible for: addressing any claims from you or any third party relating to a the App, or your use and/or possession of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform with any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy or similar legislation; and (iv) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty; and the investigation, defence, settlement and discharge of any third-party claim that an App or your use or possession of an InsideOut App infringes their intellectually property rights.]
- Specific Terms relating to your relationship with Google Inc. (Google) is not a party to this Agreement however Google and Google’s subsidiaries are third party beneficiaries of this Agreement and upon your acceptance of this Agreement, Google will have the right to enforce this Agreement against you as a third-party beneficiary. InsideOut (not Google) is solely responsible for this App. When you download your App through Google Play, Google’s Terms of Service also apply. We are not responsible for how Google uses your personal information entered via its Store. Your use of the App is subject to compliance with the Usage Rules set out in the Google Terms of Service. If the App does not comply with any express, voluntary warranty given by Google, you should notify Google and Google will refund the purchase price (if applicable). To the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the App, and subject to the exclusions above, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be InsideOut’s sole responsibility. InsideOut (not Google) is responsible for providing any maintenance and support of the App. Responsibility as Between InsideOut and Google. To the extent such claims are not effectively disclaimed in this EULA, InsideOut (not Google) is responsible for: addressing any claims from you or any third party relating to a the App, or your use and/or possession of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform with any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy or similar legislation; and (iv) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty; and the investigation, defence, settlement and discharge of any third-party claim that an App or your use or possession of the App infringes their intellectually property rights.