This Program Participation Agreement (this “Agreement”) applies to your participation in PsyInnovations’ wayForward Program (the “Program”), as defined below. As a condition of registering for and participating in the Program, you must acknowledge and agree that you have read and understand all of the terms and conditions of this Agreement and the Program Disclaimer, incorporated herein by reference, as indicated by clicking on “I Agree” below.
The Program utilizes a mobile application called wayForward, which is designed to help users identify, cope with, and manage their anxieties through the use of self-help tools, which are communicated to the user’s mobile phone. Participation in the Program requires users to interact with the Program’s software by responding to certain questions presented to the user based on his/her input. The Program is comprised of multiple sessions of approximately five (5) to ten (10) minutes each in duration.
To register for the Program, you will be required to provide your name and a unique password.
The wayForward program does not provide any medical, psychiatric, or other professional health care advice; nor is it intended to be used to assess health conditions or substitute for professional medical advice, or relied upon for diagnosis or treatment. Such information may also not be relied upon as medical, psychiatric, or other professional health care advice. Participation in the Program and/or use of wayForward does not, and is not intended to, create or constitute, a physician-patient relationship with PsyInnovations, its officers, directors, employees, independent contractors, agents, or anyone acting on behalf of PsyInnovations.
If you have a serious mental condition or diagnosis, or if you are considering taking actions that may cause harm to you or to others, or if you feel that you or any other person may be in any danger, or if you have any medical or psychiatric emergency, you must immediately go to the nearest emergency department or call 911. You acknowledge, confirm and agree that wayForward and PsyInnovations is not designed for use in instances of serious mental condition, diagnosis, or drug therapy.
You agree that PsyInnovations and its affiliates, officers, directors, employees and agents shall not be liable to you or anyone else for any loss or injury caused in whole or in part by relying upon, using, or interpreting the content or any other information obtained through the use of the wayForward. In no event will PsyInnovations or its affiliates, officers, directors, employees or agents be liable to you or anyone else for any incidental, consequential, indirect, special or exemplary damages or lost profits arising out of the use or inability to use the content, the wayForward or any other information obtained through the wayForward, even if PsyInnovations, its affiliates, officers, directors, employees and agents know or have been advised of the possibility of such damages.
You agree to indemnify and hold harmless PsyInnovations, its related entities, affiliates, and their directors, officers, managers, employees, donors, investors, agents and licensors, from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from the use of the wayForward and/or any violation of this Agreement.
PsyInnovations takes reasonable measures to protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. PsyInnovations uses secure servers to protect all data collected from participants through the Program. When you access or use the wayForward, PsyInnovations automatically collects information about you, including login information, device information, and your mobile phone operating system.
By registering for the Program, you agree to accept all the risks of unauthorized access to your data, and any other information you provide to PsyInnovations and/or the Program.
Use of Information:
PsyInnovations may use your data which it collects through the Program (“Data”) for various purposes, including:
Internal optimization for the wayForward;
Marketing purposes to demonstrate to investors the use of the wayForwardd on actual users, but only after such Data has been de-identified to the extent that the recipient of such Data would not reasonably be able to use it to identify you;
Monitoring and analyzing trends, usage and activities in connection with the wayForward; and
Carrying out any other purpose for which the Data is collected.
PsyInnovations may share your Data which it collects through the Program as follows:
With consultants and other service providers who need access to such Data to carry out their functions on PsyInnovations’ behalf;
In response to a request for information, if PsyInnovations believes that such disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
In connection with, or during any negotiations of, any merger, sale of PsyInnovations’ assets, financing or acquisition of all or a portion of PsyInnovations’ business; and
With your consent or at your direction, including if PsyInnovations notifies you through the Program and/or the wayForward that the information you provide will be shared in a particular manner, and you provide such information.
PsyInnovations may also share aggregated or de-identified Data, which cannot reasonably be used to identify you.
PsyInnovations provides the wayForward as is without any express or implied warranties. PsyInnovations does not guarantee that the wayForward will be safe or secure. PsyInnovations is not responsible for the actions, content, information or data of third parties, and you release PsyInnovations, its directors, officers, employees, and agents from any claims or damages, known and unknown arising out of or in any way connected with any claim you have against any such third parties.
PsyInnovations is not responsible for data lost, exposed or used due to the nature of the Internet and digital environments, illegal actions of hackers and/or criminals, technical malfunctions of servers and databases, etc. These are your accepted risks as a user of the wayForward, and a user of the Internet in general. You are agreeing to this standard in using the wayForward.
The wayForward program provides 2 tiers of service for a fee. PsyInnovations reserves the right to offer the service for free as a trial, or change the price for the services provided. By agreeing to pay for tier-1 “Program Manager” version, the user agrees to pay monthly charge of $10. The price for tier-2 “Coaching” would be subject to a separate agreement with similar monthly charges. User can cancel the service at any time. The payments will be processed in monthly cycle and there will be no partial refund after cancellation.
Other Legal Terms:
This Agreement shall be interpreted in accordance with the laws of the State of New York, without consideration of conflict of laws principles.
PsyInnovations reserves the right to amend this Agreement at any time without notice, and only the current Agreement shall be deemed effective. Therefore, you are encouraged to check the terms of this Agreement frequently. Your continued use of the wayForward will signify your acceptance of the changes to this Agreement, and your agreement to be bound by such changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the wayForward.
UNLESS OTHERWISE EXPRESSED, PSYINNOVATIONS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH REGARD TO THE PROGRAM OR THE wayForward.