Terms and Conditions
TERMS AND CONDITIONS
Carefully read these terms and conditions so that you understand how you are allowed to use our app/website, applications, content, products, and services otherwise known as Psymonn.
Your use of our services (Psymonn) in any way shall be taken as your agreement to being bound by all these terms. You are not authorized to use the Psymonn app/website if you do not agree with any or all of these terms. These terms also incorporate our other agreements incorporated into this one by reference.
CHANGE OF TERMS
You accept that we may change these terms as our services evolve. Where we change the terms, we will make sure that we notify you of such changes by putting up a notice on the app and website when possible. We may also send you an email, even though we are not obligated to do so. If you do not agree with our revised terms, you must STOP using the service and cancel your subscription otherwise charges will continue although you are/have not used Psymonn via website or app. Continued use of Psymonn via website and or app will be deemed as acceptance of the revised changes in TOS, privacy.
OUR SERVICES
Psymonn is an online/app telehealth service provider. Psymonn a service that acts as an early warning system to support mental health outpatients to get the services they need and keep them from becoming a danger to themselves or others. The services are offered for mental health physicians, mental health outpatients, as well as the family members and caregivers of mental health outpatients and inpatients that will be transitioning to outpatient care.
The service allows users to create their own health support network to ensure that they can get the services they need from a variety of service providers to keep clients safe and secure mentally and physically. Psymonn supports clients to become more self-reliant while also having access to service providers through a variety of access points. This service's network aspect ensures that there is more than one party/person monitoring the welfare of the app user for short and long-term mental and physical safety.
CHANGE OF SERVICES
In a bid to improve the services that we offer, we may introduce new features at any time, restrict access to parts or all of the service, enforce limits on some features of the service, or discontinue or suspend any portion of the service. When we make any of the aforementioned changes in a material way, we will do our best to notify you, but this isn’t always practical. Changes will typically be improvements for service providers and/or clients.
NO MEDICAL ADVICE
You understand and accept that while our service allows users to gain access to certain medical information, the service is in no way designed to act as or to replace medical advice. We do not and are not authorized to:
Diagnose medical or psychological conditions,
Provide medical or psychological treatment,
Engage in medical or psychological referrals, and/or
Prescribe medications.
If you have any inquiries concerning any medical or psychological condition, we ask that you consult a doctor, psychologist, or other trained healthcare providers. You may under no circumstance, delay, avoid, or disregard procuring medical or psychological advice from your physician or other trained healthcare providers because you use our services.
It is important that you immediately contact a competent health care professional if you think you have a medical or psychological condition or problem.
While some of the content that we make available through this service may include content provided by healthcare professionals, you accept that our provision of such information shall not be deemed by you as medical diagnosis, advice, or treatment, or to mean the existence of a medical professional-patient relationship between Psymonn and you. We offer our service simply to provide users with extra motivation to complete their mental health programs. You also accept that the service is not for emergencies. It is, therefore, important that you go to the nearest emergency room or open clinic or call 911 if you have a mental or medical health emergency.
You are to exit the website and discontinue using the services immediately if you feel that you are a danger to yourself or others or if you are considering suicide and other forms of self-harm.
LEGAL AGE
We offer the services to persons who are 18 or older, or who are otherwise of the legal age to enter into and be bound by legal contracts. If you are younger than 18, you must have your parent or legal guardian agree to these terms on your behalf by being part of your support network.
PERSONAL USE ONLY
We offer our services for the personal use of individuals. You may not use the services for commercial use in any way, and may not use the services on a third party’s behalf.
USING THE APP
You can download Psymonn from Google Play or Apple App Stores. This may necessitate you to sign up to provide an email address and create an account and a corresponding password. It is important that you provide us with complete and accurate information and to update your information as it changes. You cannot provide us with another person’s email address or an email address that you are not allowed to use. Under no circumstances are you allowed permitted to transfer your account to another person for their use. Each person must have their own account with their own id and secret password.
PLAY STORE AND APP STORE LEGAL INFORMATION
Where you have downloaded the Psymonn app from Play Store or Apple Store, you agree to these additional terms:
These terms are between you and Psymonn only, and not with Google and Apple, and Google and Apple are not answerable for the App or the Content;
You accept that Psymonn, and not Apple or Google, is responsible for addressing any claims you may have as it relates to the App;
You will only utilize the App on an Apple device owned or controlled by you;
You accept that Apple is not obligated in any way to maintain or offer support services for the App;
You may notify Apple or Google of any App failure to conform to any appropriate warranty, and Google and Apple’s exclusive contract responsibility to you, upon notification, will be to return the procurement price if any, of the App to you;
You accept that Psymonn, and not Apple or Google, will be responsible for investigating, defending, settling, and discharging any infringement claim in where any third party brings a claim that the App or your ownership and use of the App violates that third party’s intellectual property rights;
Both you and Psymonn accept that Apple and Google, and their affiliates are also beneficiaries of this agreement and that your consent to these terms means that Google and Apple will have the right to implement these terms against you.
TRADEMARKS AND COPYRIGHTS
All interests, titles, and rights, including without limitation all trade secrets, trademarks, patents, copyrights, and other intellectual property rights to the app, website, content, services, and all associated features and components are owned by Psymonn. You cannot exploit by creating derivative works based on, reproducing, transferring, selling, transmitting, publishing, or modifying the website, content, services, and all associated features and components.
All content and materials found on the website are protected by copyright and/or other intellectual property laws. You must respect all restrictions, information, trademark rules, and copyright notices contained in any content accessed through the website.
You may not sell, rent, host, license, upload, display, perform, transmit, distribute, broadcast, publish, translate, modify, reproduce, copy, or otherwise use any content for any purpose without the express consent of the owner of the content or in a manner that breaches someone else’s (including Psymonn’s) rights.
COPYRIGHT INFRINGEMENT
Psymonn respects and keeps other persons’ intellectual property rights. To keep on respecting the intellectual property rights of others, we may disable or delete alleged infringing content and to at any time, delete the accounts of repeat alleged infringers.
USER CONTENT
You accept that Psymonn shall have the right to perform, display, and distribute your user content (which is defined as any content that you provide, whether through storage, sharing, uploading, or posting) in any way that we deem appropriate.
When you provide such user content, you grant us an irrevocable, universal, sublicensable, perpetual, and royalty-free license to use such user content without paying you or notify you when we choose to do so.
USER RESPONSIBILITY REGARDING CONTENT
You accept that the responsibility for any content or information transmitted or posted through the Services lies exclusively with the individual from whom the content originated.
Furthermore, you accept that you bear the risk associated with your access to and reliance on such content or information.
We do not control and have no obligation to take any action concerning how you may construe and use the content that we make available, or what actions you may take as a result of gaining access to such content. Under no circumstances will we be liable for any loss or damages you may suffer as a result of your reliance on any content you gain access to in your use of our services.
Additionally, you bear the responsibility for any content that you make available on the service, and you represent that you have the authority to or have retained the right to make any content that you make available so available.
YOUR REPRESENTATIONS
You hereby make the following representations in your use of the services:
- That you will only use the services for your own non-commercial, personal and internal-only;
- That you will only use the service in a manner that does not break any law of the United States and any law in your jurisdiction;
- That you will not disclose your account details to a third party or permit anyone else to use your account, and that you will bear the responsibility for all activities that occur under your account;
- That your provided content will not violate or infringe the intellectual property rights or any other rights of a third party (including Psymonn);
- That you will not provide us with content that is obscene, defamatory, harassing, threatening, deceptive, fraudulent, harmful, or otherwise objectionable;
- That you will not attempt to gain access to the account of another user or obtain any other security information from any other user;
- That you are not resident in a jurisdiction labeled by the United States government as a “terrorist supporting” jurisdiction, or that is under a United States Government embargo;
- That you will not attempt to overturn the security of any computer network or attempt to crack any security encryption codes or passwords;
- That you will not spam other users or make use of any form of auto-responder on the services;
- That you will not restrict or attempt to inhibit the proper working of the app/website;
- That you will not introduce any worm, computer virus, or any other injurious software intended to alter or damage computer apps or data, or spider, scrape, or crawl any portion of the services whether through automated or manual means;
- That you will not copy or store any substantial portion of service and/or post our content elsewhere;
- That you will not reverse engineer or decompile or try to obtain the underlying ideas or source code of the service;
- That you will not use the service as a replacement for medical or psychological advice, diagnosis, or treatment;
- You understand and accept that your breach of these terms shall serve as grounds for the termination of your access to the services. Where required, we may also engage the services of a law enforcement authority to enforce any of the rules of this agreement.
THIRD-PARTY LINKS
It is normal for us to occasionally provide hyperlinks to resources that we do not operate or control. We are not under any compulsion to do this, but we render this service as a convenience for our users.
You understand that we do not control these third-party resources, and you are not to take the provision of any links as our approval or recommendation of the policies, content, procedures, products, and/or services of that linked resource.
You are fully responsible for all the risks associated with linking a third-party resource from our service.
COSTS
We offer Psymonn for use as a subscription service for organizations/service providers. It is FREE for clients.
This means that you will be liable for a monthly, quarterly, or yearly charge (as you choose). This is a recurring subscription, and we will automatically charge you for your subscription fee on the monthly, quarterly, or annual anniversary of your first subscription, except you cancel your subscription. While we will be sad to see you go, you are free to cancel your subscription at any time. If you do cancel your subscription, you will still be able to use the remainder of your subscribed period. We will not charge you for any future use once you have canceled your subscription. We do not offer refunds due to the intangible nature of the service that we offer. Your only recourse to finding our service unacceptable is canceling your subscription. All payments on the app/website are facilitated through Braintree. From time to time, we may also place a “donation” button on the service. This button allows willing users to give a little bit to help our cause to improve the quality and quantity of services delivered to outpatients for precrisis services.
WARRANTY AND DISCLAIMERS
We make the services and content available on an “as-available” and “as-is” basis. Psymonn does not warrant or represent in any way, whether directly or implicitly, as regards non-infringement, fitness for a particular purpose, suitability, merchantability, or that your use of the services will be free of infections or viruses, error-free, secure, timely, or uninterrupted.
You use the services exclusively at your own risk, and your sole and exclusive remedy to any displeasure with the services is to quit using it. We do not make any warranties or representations concerning any content that you gain access to through your use of the service, and we will not be liable for the usefulness, timeliness, correctness, completeness, accuracy, decency, legality, or copyright compliance of any information or content gained access to through the service. We will under no circumstances be liable to you or a third party for any secondary, accompanying, consequential, or exceptional damages of any type, including damages for computer failure or malfunction, work stoppage, accurate results, loss of goodwill, or lost profits to the fullest extent allowed by relevant law.
Psymonn’s liability to you shall never exceed the excess of the greater of the amounts paid by you to Psymonn in connection with the services in the twelve (12) month period preceding any claims or $100. You agree that all claims against Psymonn must be brought within 12 months of it arising to be effective. If not, it shall be forever barred. In the instance that your jurisdiction or state does not permit limitations on the duration of a warranty and/or does not permit the limitation or exclusion of certain damages, the above limitations may not be applicable to you.
INDEMNITY
You hereby agree to underwrite and hold Psymonn, its partners, employees, agents, officers, and affiliates innocent for and against all and any damages, liabilities, claims, and fees, including legal costs that arise in connection to your use of the services and or your breach of these terms.
INTERNATIONAL USERS
Our services are designed to comply with United States regulations and laws. All international users who access the services from outside the United States do so at their own risk and are responsible for obedience with the laws of their jurisdiction.
GOVERNING LAW
All users of the service agree to surrender themselves to the laws of the United States under which these terms and conditions are construed.
ASSIGNMENT
You are not permitted to transfer, delegate, or assign these terms or your obligations or rights under it without Psymonn’s prior written approval. Psymonn may, however, transfer, delegate, or assign these terms or our obligations or rights under it without your consent.
NO PARTNERSHIP OR EMPLOYMENT
No partnership, employment, agency, or joint venture shall be deemed to have been created between you and Psymonn as a result of this agreement.
COMPLETE AGREEMENT
You and Psymonn agree that this agreement represents the exclusive and complete statement of mutual understanding between Psymonn and you and that it cancels and supersedes all previous oral and written agreements.
INVALID TERMS
Any condition of this agreement found to be invalid or unenforceable shall be eliminated or limited, to the least extent required, so that this agreement shall remain valid and enforceable.
WAIVERS
You may not take any waiver of any provision or right of these terms and conditions as a waiver of any further rights hereunder.
TERMINATION
You have the choice of terminating your use of the service at any time. To do so, simply stop your subscription and unsubscribe from the service. We may also suspend access to or terminate your account and stop you from using the service for any or no reason at all, including but not limited to your violation of these terms.
