Last updated: February 8, 2022
Effective date: February 8, 2022
Welcome to PMW! We provide a mental health platform for personalized mental health lessons and activities.
These terms of service apply to your access and use of PMW web and mobile applications (the "Service"). The Service operates through a web and a mobile application for your use (both, the "App"). The mobile App is available in the Apple App Store and Google Play Store.
The Service is owned and provided by Precision Mental Wellness, Inc. (the "Company", "us", "our" or "we").
The App allows you to track your responses to psychological surveys and behavioral patterns (e.g., sleep, steps) in order to offer you lessons and activities to improve your mental wellness. The Service is free of charge.
You must be at least 16 years old to use the Service.
You agree that the Service constitutes, in part, a self-help system designed to help you improve your own mental health and well-being by suggesting lessons and recommending activities that you can put into practice. If you choose to use the Service, you agree that you are solely responsible for deciding which lessons or suggestions to apply or adopt in your daily activities.
As such, you agree that the Company is not a healthcare provider and does not provide you with any actual medical advice. You understand and agree that the Service and any other information you learn from the App are not intended, designed, or implied to diagnose, prevent, or treat any condition, disease or psychological disorder, to ascertain the state of your health, or to be a substitute for professional medical advice.
We are not liable or responsible for any actions taken due to your use of the Service. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice or other materials and information published on or through the Service.
In order to fully use the Service, you must create an account by logging in through your Google or Apple account. We will create your account by extracting from Google or Apple account certain personal information such as your name and email address and other personal information that your privacy settings on such account permit us to access. You agree to keep your account credential confidential and secure. You also agree to inform us immediately of any unauthorized use of your account.
By accepting the Terms, you agree that you are responsible for all activities taken under your account. Once you create an account, you will automatically join our mailing list. You can choose to remove your email address from that mailing list by choosing the "unsubscribe" link at the bottom of any email communication we send to you. We may cancel your access to the Service and terminate your account, at our sole consideration, at any time and for any reason, with or without notice to you. Upon any termination, discontinuation or cancellation of Service or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, licenses and ownership provisions, warranty disclaimers, limitations of liability, indemnity, and dispute resolution provisions.
We reserve the right to modify, change to, suspend or discontinue, temporarily or permanently the Service or any portion of which (the "Changes") with or without notice with no liability, at any time and for any reason, including without limitation any Changes which may be done automatically for the purpose of improving, enhancing or de-bugging versions of the App or the Service. We will notify you of any material change, including without limitation by sending you an email notification, or by any other form prior to those material changes becoming effective. Otherwise, any other, non-material change, will be effective upon the "last updated" date stated at the top of these Terms.
Your continued use of the App and Service, following any such revisions, constitutes your complete and irrevocable acceptance of such Changes. If you do not agree with the new/modified Terms, you can stop using the Service and cancel your registration.
Via the Service, users can benefit from lessons and/or activity suggestions to improve their mental wellness. You understand and agree that you are solely responsible for your use of the Service.
By accessing the Service, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with these Terms. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us; (5) use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; or (8) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
The App may automatically download and install updates and upgrades from time to time without further notice to you. These updates are designed to technically improve and/or enhance the App and the Service. You agree that we may automatically deliver such updates and upgrades to you as part of your use of the Service.
You agree not to post, upload, publish, submit, store or transmit any content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances. You further agree not to engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
Subject to the Terms, the Service is provided to you without charge.
The Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the "Content") and the trademarks, service marks, and logos contained therein, are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other applicable laws.
Using the Service and/or providing input information does not give you any legal right, title or interest in the Service or the App.
We may allow you to provide comments or suggestions about the App or the Service. You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license to copy and store any feedback or input you provide and use it to develop new products, improve or modify the Service or as we may otherwise deem appropriate.
The Service and any content of the App are provided "as is," without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.
We make no warranty that the App or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
WE DO NOT ASSUME ANY GUARANTEE OR SPECIFIC LIABILITY AS TO THE SERVICE AND WITH REGARD TO THE PURPOSE OF YOUR USE. IN PARTICULAR, WE ARE NOT RESPONSIBLE IF YOU USE THE SERVICE FOR MEDICAL PURPOSES WHICH CONTRADICT THE EXPLICIT INTENTION OF OUR SERVICE.
COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR YOUR USE OF THE SERVICE FOR MEDICAL PURPOSES OR ANY OTHER PURPOSE THAT IS AGAINST THE INTENDED USE OF THE SERVICE.
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL, MAXIMUM AND AGGREGATE LIABILITY TO YOU, IN CONNECTION WITH THESE TERMS OR FROM USE OF THE APP OR SERVICE OR INABILITY TO USE THE APP OR SERVICE SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID THE COMPANY FOR THE USE OF APP OR SERVICE OR FIFTY ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO COMPANY, AS APPLICABLE.
To the maximum extent permitted by law, you will indemnify, defend, and hold harmless at your own expense, us and anyone acting on our behalf, from and against any damages, costs and expenses, resulting from any claim, allegation or demand, connected with your use of the Service, your breach of these Terms or infringement or violation of any other person’s rights (including privacy).
Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by and construed solely in accordance with the laws of the Commonwealth of Massachusetts, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the Commonwealth of Massachusetts.
The parties will attempt to settle any dispute or claim by either of them relating to these Terms by good-faith consultation. If such consultation yields no satisfactory resolution of the dispute or claim, then either party may submit it to arbitration in accordance with the Small Claims Rules of the American Arbitration Association ("AAA") then in effect (the "Rules"). The arbitration will be held, and the award will be rendered, in Boston, Massachusetts. The award will be final and binding on the parties as from the date rendered, and will be the sole and exclusive remedy between the parties regarding any claims, counterclaims, issues, or accounting presented to the arbitral tribunal. Judgment upon any award may be entered in any court having jurisdiction thereof. In the case of any dispute, the prevailing party to this Terms will be entitled to recover reasonable attorneys' fees and costs, including expert witness fees, from the other party.
Assignment. You may not assign or transfer your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void.
Changes in ownership. In the event of a sale, merger, or acquisition, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party, and we will be released from all rights, performances, duties, liabilities and obligations contained herein.
Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.
Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
Entire agreement. These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
Waivers. Except as indicated in "Changes to the Terms" above, no other waiver, concession, extension, representation, alteration, addition or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.
Relationship. These Terms do not create any agency, partnership, employment or fiduciary relationship between you and us.
At any time, you may contact us with any question, request, comment or complaint that you may have with respect to the Service or these Terms, at email@example.com.