Terms of Service

 

Effective Date: April 9th, 2019

The Services are not for use in medical emergencies or other urgent situations. If you think you may have a medical emergency, call 911 immediately. You should not delay or forgo consulting with your physician or other healthcare provider if you have concerns about your health.

These Terms of Use (these “Terms”) are a legal agreement between you and Mindstrong, Inc. d/b/a Mindstrong Health (“Mindstrong”, “we”, “us”, or “our”). Mindstrong operates the website located at www.mindstrong.com (the “Site”) and mobile applications (“Apps”) with links to these Terms (collectively, the “Services”). By clicking “I Agree” or by accessing or using the App, you accept and agree to be bound by these Terms without limitation or qualification.

Healthcare Professional Services

Mindstrong provides a technology platform to help group health plans, health insurers, health care providers andother organizations (“Organizations”) to assess and assist their health plan members and patients. Mindstrong itself does not provide medical or other professional services. The physicians, psychologists or other behavioral health or primary healthcare professionals (collectively,“Healthcare Professionals”) who deliver professional services through the Apps are independent professionals practicing through Mindstrong Clinical Services, PC, or another independently owned professional practice. Mindstrong shall not be liable for any professional advice you obtain from a Healthcare Professional via the Services. Please see additional terms and conditions applicable to healthcare professional services. Such additional terms and conditions are hereby incorporated into and made part of these Terms.

Privacy

To learn about how we collect, use, and disclose information about you, please review our Privacy Policy. The Privacy Policy is subject to these Terms.

Eligibility

The Services are not intended for use by anyone under the age of 13. By using the Services, you represent and warrant thatyou are 13 years of age or older and have authority to enter into these Terms.

User Accounts

To access and use certain features of an App, you will be provided a unique participant ID or a text message with a link to a login page. In some cases, you will need to register for a Mindstrong account (“Account”) by providing your phone number, username, email address and/or other Account information (“Account Information”). You agree that the Account Information that you provide to us at all times will be accurate, complete and current. You may not use anyone else’s account at any time and you may not transfer or share your Account with anyone.You are responsible for maintaining the confidentiality and security of your Account password and for all acts or omissions that occur under your Account. You agree to immediately notify Mindstrong if you discover or otherwise suspect any security breaches related to the Services or your Account.

Right to Access Services

We hereby grant to you a limited, non-exclusive, nontransferable right to access and use the Services solely for your personal non-commercial use and only as permitted under these Terms (“Access Rights”). We reserve the right, in our discretion, at any time, without liability to you, to: (a) deny, modify, suspend or terminate the operation or any feature of an App; (b) restrict, limit, suspend or terminate your access to the Services; and (c) monitor your use of the Services to verify compliance with these Terms and any applicable law.

Prohibited Uses

You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Services to violate any applicable law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Services; or (d) distribute viruses or other harmful computer code through the Services. In addition, you agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal.

Organization Agreements

Mindstrong enters into service agreements and/or other agreements (each, an “Organization Agreement”) with employers sponsoring group health plans for their employees and other Organizations. To the extent that these Terms conflict with any Organization Agreement with respect to our arrangement with you, the Organization Agreement will control. Notwithstanding anything to the contrary, the disclaimers and limitations of liability in these Terms apply with respect any claim by you against Mindstrong.

Informed Consent

If you agree to an informed consent to participate in an Organization’s research study that uses the Discovery App, then the informed consent is subject to these Terms, but will control to the extent of any conflict with these Terms.

Website Links

We will not be liable for any information, software, or links found at any other website, internet location, or source of information, nor for your use of them, nor for the acts or omissions of any such websites or their respective operators.

Ownership

The Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Mindstrong, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services except as permitted through the Services according to these Terms.Certain of the names, logos, and other materials displayed on the Services may constitute trademarks, trade names, service marks or logos ("Marks") of Mindstrong or other entities. You are not authorized to use any such Marks without the express written permission of Mindstrong. Ownership of all such Marks and the goodwill associated there with remains with us or those other entities.

Termination

You may deactivate your Account and end your registration at any time, for any reason by sending an email to info@mindstronghealth.com. Subject to applicable law, Mindstrong reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Services pursuant to its internal record retention and/or content destruction policies. After such termination, Mindstrong will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Healthcare Professionals are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.

Right to Modify these Terms

We reserve the right to make changes to these Terms at any time on a going-forward basis. We will not make any changes that have a retroactive effect unless we are legally required to do so. Please check back from time to time to ensure that you are aware of any changes to these Terms. We will indicate the Terms’ effective date at the top of these Terms. Your continued use of the Services after changes have been posted will indicate your agreement to be bound by the revised Terms, inclusive of such changes.If we make material changes that would impact your use of the Services, we will endeavor to notify you of the changes, such as by posting a notice directly in the Services, by sending an email notification (if you have provided your email address to us), text message or by any other reasonable method. If you do not agree to the changed Terms, you should immediately terminate your use of the Services.

Disclaimer of Warranties

You agree that use of the Services and the Healthcare Professional services is at your sole risk. The Services and any Healthcare Professional services are provided on an “as is” and “as available” basis. Mindstrong expressly disclaims all warranties of any kind, whether oral or written, express or implied, including, butnot limited to any warranties of merchantability, fitness for a particular purpose, non-infringement, value or accuracy of data. Without limiting the generality of the foregoing, Mindstrong does not warrant that the Services will be uninterrupted or error free; or that any defect or other error will be corrected; or that the Services will be free of viruses or other harmful code. Additionally, you acknowledge that Mindstrong is not the sponsor of any employee benefit welfare plan in connection with the Services. Mindstrong is not a plan fiduciary, insurer, plan administrator or plan sponsor, as those terms are defined under the Employee Retirement Income Security Act of 1974, as amended, the Internal Revenue Code or the Public Health Service Act or other state laws impacting group health plans. You should ask your employer about your employee benefits and not Mindstrong.

Limitation of Liability

You understand that to the fullest extent permitted by law, in no event will Mindstrong or its affiliates, officers, directors, employees, agents or licensors be liable for any indirect, incidental, consequential, exemplary or other special categories of damages, including, but not limited to, damages for loss of revenues, profits, goodwill, use or data, arising out of or related to your use of the Services or Healthcare Professional services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. To the fullest extent permitted by applicable law, Mindstrong’s aggregate liability to you arising out of or relating to these terms or your access or use of the Services shall belimited to the amounts paid by you through the Services in the three (3) months prior to the events giving rise to any claim, or, if no such payments have been made by you, fifty U.S. dollars ($50).To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Waiver of Right to Pursue Class Action Claims

You agree to only resolve disputes with us on an individual basis, and waive any right to pursue any claims on a class or consolidated basis or in a representative capacity. You agree that you may bring claims against us only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.

Geographical Restrictions

Mindstrong makes no representation that all products, services and/or material available through the Services, are appropriate or available for use in locations outside the United States or all territories within the United States.

Record Retention

Any clinical records created as a result of your use of the Healthcare Professional services through the Apps will be maintained by the Healthcare Professionals for a period that is no less than the minimum number of years such records required by applicable law.

Communication Preferences

You understand that by checking the “agree” box for these Terms, you are agreeing to these Terms and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, “Communications”) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device, or (4) by posting the Communications on the Services. You can withdraw your consent to receive Communications by deactivating your Account. You can opt-out of future Communications through SMS text message by replying “STOP” to the text or sending an email to info@mindstronghealth.com.

Apple Device Additional Terms

If you access the App via a mobile device or tablet branded by Apple, Inc. (“Apple”) and running Apple’s iOS (an “Apple Device”), the Apple Device Additional Terms found here are hereby incorporated into and made part of these Terms.

Miscellaneous

These Terms and your use of the Services shall be governed by the laws of the State of California, without giving effect to the principles of conflict of laws. The parties agree to the exclusive personal and subject matter jurisdiction and venue of the courts located in San Francisco, California, for any action related to these Terms.No waiver by Mindstrong of any term or condition set forth in these Terms shall be deemed a further orcontinuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mindstrong to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

If you have a question or comment regarding the Services or are aware of any violation of these Terms, please contact us via email or at the address below.

Mindstrong, Inc.
303 Bryant St.
Mountain View, CA 94041
(650) 850-7050

Email: support@mindstronghealth.com

VIII. Privacy Officer

You may contact the Privacy Officer at privacy@mindstrong.com