USER TERMS OF SERVICE
IF THIS IS A MEDICAL EMERGENCY OR CRISIS SITUATION, DIAL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY FOR ASSISTANCE. AFFECT THERAPEUTICS DOES NOT OFFER ANY EMERGENCY MEDICAL SERVICES.
These terms of service (“Terms”) apply to your use of the technology-based substance use disorder treatment services provided by Affect Therapeutics.
Please read these Terms carefully. By clicking “Accept”, “I agree”, or a similar button on a webpage or mobile application you will indicate your acceptance of these Terms. You may also accept these Terms: (1) through any printed, oral, or electronic statement, including on the web, by indicating that you have reviewed and accepted these Terms; (2) by using the Services or the Affect App; or (3) by creating an account on the Affect App (if account creation is available to you).
If you do not agree with these Terms, please do not proceed with, or promptly discontinue, your use of the Services, including the Affect App.
IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION IN SECTION 10 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND AFFECT THERAPEUTICS ARE EACH GIVING UP RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: WHILE THERE ARE IMPORTANT POINTS THROUGHOUT THESE TERMS, PLEASE NOTE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS ON AFFECT THERAPEUTICS’ LIABILITY ARE EXPLAINED IN SECTION 7.
The following definitions apply to these Terms:
“Affect App” means the Affect Therapeutics mobile application.
“Affect Therapeutics” or “we” means Affect Therapeutics, Inc., a Delaware corporation and its affiliates.
“Content” means descriptions of Services, information, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials) that are made available to you through, or in connection with, the Services, including on the Affect App, as well as any feedback, comments, messages, or submissions provided by Users.
“Feedback” means any ideas, concepts, feedback, reviews, suggestions, questions, and know-how that a User makes available in connection with the Services.
“Providers” mean the healthcare professionals who are engaged by Affect Therapeutics to provide certain Services utilizing the Affect App.
“Services” mean all services rendered by Affect Therapeutics through its technology-based platform, that include, without limitation, the following: (i) providing Users access to Providers, including administrative support for scheduling Provider services; (ii) the treatment and counseling offered by the Providers; (iii) providing Users access to certain behavioral therapeutic services; (iv) providing Users access to technology-oriented tools for management of substance-use disorder; (v) collection and storage of Users’ health care records and information for use in Provider appointments, communications, and treatment services; and (vi) providing Users with Content related to healthcare and wellness.
“User” or “you” means an individual user (such as you) who is using the Services.
Updates to these Terms
Affect Therapeutics may update these Terms at any time without any prior notice to you. Affect Therapeutics may notify you of the updated Terms by any reasonable means, including by posting the revised Terms at www.affecttherapeutics.com/terms. The updated Terms will apply to your use of the Services after the date on which Affect Therapeutics has posted the updated Terms or otherwise notified you of those changes. By continuing to use or access the Services after Affect Therapeutics posts or otherwise notifies you of any change, you accept those updated Terms. The “Last Updated” legend at the end of these Terms indicates the date on which these Terms were last updated.
Electronic Communications: You understand and acknowledge that in order to keep you updated regarding your appointments with Providers, or otherwise in connection with the Services, we may need to get in touch with you from time to time. Affect Therapeutics, its agents or the Providers may contact you using SMS text messages, phone calls, emails, or other similar means. You may incur data, call-time or SMS charges from your communication providers in connection with communications from Affect Therapeutics.
Personal Information: You understand that in order to provide the Services, Affect Therapeutics may need to collect and store certain information related to you, including medical records, photographic images, personal health information, meeting notes, and any other information provided by you in the course of your use of the Services, or your interaction with the Providers. You hereby consent to Affect Therapeutics collecting, storing, sharing with Providers, and using this information solely in connection with the Services.
Your Acknowledgments and Representations
You understand and acknowledge the following:
- Agreeing to these Terms or using the Services does not guarantee your eligibility to receive treatment from a Provider and does not obligate any Provider to provide any service to you. The Providers reserve the right, at their sole discretion, to determine whether and to what extent you are eligible to receive any treatment offered by that Provider;
- The diagnosis and care you receive from a Provider may be limited in the absence of an in-person examination. The Services are not meant to be a substitute for an in-person healthcare visit and are not a replacement for your primary care physician or annual office check-ups;
- Providers may be unable to prescribe certain medication to you or pursue certain treatments without first conducting an in-person examination;
- You may incur certain charges from your internet, data, or mobile network provider in connection with your use of the Services;
- We may suspend or terminate your access to the Services or the Affect App at any time, at our sole discretion;
- The Services may not be reimbursable by Medicare, Medicaid, Tricare, other government health care programs, commercial insurers, managed care organizations, preferred provider organizations, or other payors;
- If you are seeking Services on behalf of another person for whose medical care you are responsible, your acceptance of these Terms will bind the other person to these Terms; and
- Certain Services may only be available to Users located in certain states.
As a condition to using the Services, you herby represent and warrant the following:
- You have the legal power and authority to agree to these Terms, you are at least 18 years of age, and have neither falsely identified yourself nor provided any false information to gain access to the Services;
- You are accessing the Services, including the Affect App, on your own behalf;
- You are physically located in the state in which you are requesting the Services;
- You will use the Services only for purposes that are permitted by these Terms. You will not use the Services to engage in any unlawful behavior, or to cause damage, harassment, nuisance, annoyance, or inconvenience to Affect Therapeutics, a Provider, or any third-party;
- You will access the Services and the Affect App using mobile equipment that meets the minimum requirements, including access to the internet, as suggested by Affect Therapeutics;
- You will update the Affect App to its latest version when instructed by Affect Therapeutics, and provide required permissions necessary for the Affect App to operate effectively on your mobile phone;
- You will not sell, resell, rent, or otherwise commercially use the Services; and
- If you create an account on the Affect App, you will keep secure and confidential your account password or any identification credentials that you use to access that account or to otherwise use the Services. You will maintain the confidentiality and privacy of any Content that you view or access in any manner through the Services and you will immediately notify us if you become aware of or suspect unauthorized access to your account. Affect Therapeutics may suspend or terminate your access to the Services or the Affect App in the event of unauthorized access to the Services or the Affect App from your account or on your behalf.
If you are accessing the Services through the Affect App, you acknowledge and understand that certain permissions may be required on your mobile device, including permission to access the camera, microphone, and certain network status information. Granting the Affect App these permissions may result in consumption of additional battery power or data usage or charges. You hereby agree to grant the Affect App the foregoing permissions on your mobile device to enable the Affect App to function effectively. Additionally, you acknowledge and understand that your use of the Affect App on a mobile device that has been modified in a manner unauthorized by the manufacturer (“jail-broken”) may result in malfunction or impairment of the Services, and is a material breach of these Terms.
Affect Therapeutics shall continue to own and retain all right, title, and interest, including all related patents, copyrights, trademarks, trade dress, and other intellectual property rights, in and to the technology, Content or materials: (i) used for the Affect App, (ii) developed by or on behalf of the Providers, or (iii) that abides in the Services. You will not copy, reproduce, or disclose any Content provided to you in connection with the Services (including through the Affect App or provided to you by the Providers). Affect Therapeutics does not grant you the right to use any branding or logos used in the Services or the Affect App. Additionally, you may not do any of the following under these Terms:
- reverse engineer or access the Affect App or Services in order to (a) build a competitive product or service, (b) build a product or service using similar ideas, features, functions, or graphics of the Affect App or Services, or (c) copy any ideas, features, functions, or graphics of the Affect App or Services;
- damage or impair any hardware or software used in connection with the Services, including through the use of a virus, trojan application or malicious computer code that may interfere with or disrupt the integrity or performance of the Services or the Affect App; or
- otherwise use the Services in a way that could cause damage or adversely affect any other users, Affect Therapeutics, any Provider, or a third-party.
- Improvements. Affect Therapeutics shall have the full right and license to use any Feedback or the like received from you for marketing and promotional purposes or for making improvements to the Affect App, the Services or for any other business purpose. This Feedback will be treated as non-confidential and non-proprietary and will become the property of Affect Therapeutics. Any alterations, changes, modifications, enhancements, additions, restructuring or deletions made to, or derivatives of or other products derived from, or as a result of this Feedback or otherwise arising in connection with the parties’ performance under these Terms shall be the sole and exclusive property of Affect Therapeutics, together with all intellectual property and other rights therein.
Term and Termination
These Terms will become effective on the date you accept them by clicking “Accept”, “I agree”, or a similar button on a webpage or through another acceptable means. These Terms will be applicable to you for the duration that you access or use the Affect App or the Services. Affect Therapeutics may, at its sole discretion, at any time without prior notice to you: (1) change, restrict, suspend or terminate your access to the Services, any portion of the Services or the Affect App; (2) discontinue the Services, any portion of the Services or the Affect App; or (3) add, remove or modify any services or functionality that is available through the Services or the Affect App.
Our Warranties and Disclaimers; Limitation of Liability
Warranties and Disclaimers. Affect Therapeutics will conduct the Services and maintain the Affect App using a commercially reasonable level of skill and care. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, AFFECT THERAPEUTICS EXPRESSLY DISCLAIMS ALL WARRANTIES IN RELATION TO THE SERVICES AND THE AFFECT APP AND DISCLAIMS ALL WARRANTIES, INCLUDING TITLE, NON-INFRINGEMENT, IMPLIED WARRANTY OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the generality of the foregoing, Affect Therapeutics specifically makes the following disclaimers:
- All Services are delivered to you “as-is” and “as-available”. Affect Therapeutics makes no representation, warranty, or guaranty that the use of the Services or the Affect App will be secure, timely, uninterrupted, or error-free or operate in combination with any other hardware, software, system, or data, that it will meet your requirements or expectation or that it will be error-free. Outcomes resulting from the usage of Services may vary between Users and Affect Therapeutics does make any representations regarding the safety or efficacy of the Services when used by you;
- The Affect App may contain hyperlinks or references to certain other websites (“Linked Sites”). Affect Therapeutics does not control and is not responsible for the content on Linked Sites including any products and services provided therein;
- Content made available to you related to the Services is not intended to be a substitute for the diagnosis, treatment, and advice of a Provider, and does not cover all possible uses, precautions, side effects, and interactions, and should not be construed to indicate that any treatment is safe or effective for you. Consult the product information for any medication (including package inserts) regarding dosage, precautions, warnings, and interactions, and information offered by your Provider, for guidance before using any prescription or over-the-counter drug; and
- Affect Therapeutics makes no warranty related to the confidentiality and security of any data provided by you to Affect Therapeutics or to a Provider, including data provided through the Affect App, and does not warrant that the Services and the Affect App is or will remain free of viruses or other harmful components.
- Limitations on Liability. In no event shall Affect Therapeutics, its agents or contractors or the Providers be liable for any consequential, punitive, incidental, or special damages, including, but not limited to, any personal injury, property damage, or unauthorized disclosure of your data, whether in any action in warranty, contract, tort, breach of contract, negligence, strict liability, malpractice, or otherwise resulting from your use of the Affect App or the Services. To the fullest extent provided by applicable law, the maximum aggregate liability that may be incurred by Affect Therapeutics and the Providers for any damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, will not exceed the amount you paid to Affect Therapeutics in the one-month period immediately preceding the date on which the claim arose.
You hereby agree to indemnify, defend, and hold harmless Affect Therapeutics, the Providers and their respective affiliates, employees, contractors, and agents from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, suits, fees (including attorneys’ fees and expert fees), and costs of any kind whatsoever arising directly or indirectly out of or in connection with: (1) your use of the Affect App or the Services; (2) any claims for bodily injury, or property damages to a third-party that results from your use of the Affect App or the Services, (3) claims related to unauthorized disclosure of your or a third-party’s data that arises from your use of the Affect App or the Services; (4) any claims related to your violation of these Terms or any policy set forth in these Terms; and (5) your violation of any applicable laws and regulations or rights of any third-party, including any intellectual property rights, resulting from your use of the Affect App or the Services.
Governing Law; Mandatory Arbitration
- Governing Law. Any disputes arising in connection with Services, the Affect App, these Terms, or any other agreement between you and Affect Therapeutics or any Provider, shall be governed by, construed and enforced solely and exclusively in accordance with the laws of the State of Delaware, without regard to its conflicts of law principles.
- Mandatory Arbitration. You and Affect Therapeutics both agree to provide written notice of any disputes to the other party at its notice address (or an address provided in writing to the other party) and try to resolve any disputes in good faith thereafter arising from or in connection with the Services (including any Provider’s Services). If any dispute arising in connection with the Services (including any Provider’s Services) is not resolved, within 30 days of a party providing notice to the other party, the dispute will be resolved through individual, non-representative, binding arbitration held in English, instead of a proceeding in courts of general jurisdiction. Any disputes will be decided by a single arbitrator and will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures and as modified by this agreement to arbitrate. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Affect Therapeutics that an in-person hearing is appropriate. Any in-person appearances will be held at New York, New York. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court with appropriate jurisdiction. Each party will be responsible for its respective costs, including costs related to its respective attorneys, experts, and witnesses.
- Waiver of Right to Jury Trial and Class Action. YOU AND AFFECT THERAPEUTICS EXPRESSLY WAIVE YOUR RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.
- Assignment. Your obligations and rights under these Terms may not be assigned, in whole or in part, without Affect Therapeutics’ prior written consent. These Terms will be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the parties.
- Severability. If any part of these Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, those provisions or parts thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of the Terms will remain in full force and effect.
- Survivability. The rights, obligations, and commitments in these Terms that, by their nature, would logically continue beyond the termination of your use of or access to the Affect App or the Services (including, without limitation, Sections 5, 7, 8, 10 and 11) survive termination of these Terms.
- No Third-Party Beneficiaries. Except as expressly stated, no provisions of these Terms create any third-party beneficiary.
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EFFECTIVE AND REVISED 10/5/2021