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Terms of Service

Last Updated: 10/7/2022

These Inner Health Terms of Service together with Inner Health Privacy Policy of Evolve Digital Therapeutics, LLC (collectively the Terms of Service and Data Privacy Policy are hereinafter “the Terms”) form an agreement between Evolve Digital Therapeutic, LLC (hereinafter “Inner Health”) and you (hereinafter “User”) and govern your use and access to the Inner Health Products and Services (hereinafter “the Service”). By checking the “ I Agree” button, User consents to be bound by the Terms. If the User does not agree to the Terms, the User may not use the Service.

  1. INTENDED USE OF SERVICE
    • SCOPE OF SERVICE:
    • Inner Health is designed to support and enhance mental health through digital interactions, providing tools for self management, education, and convenience in accessing mental health resources. The platform offers conversational assistance, risk assessments, and facilitates connections with mental health professionals for ongoing support.
    • LIMITATIONS OF SERVICE:
    • The services provided by Inner Health are not intended for use in medical emergencies or for the diagnosis or treatment of acute psychiatric conditions. Users should not rely on the platform for any medical emergencies or severe mental health crises. The platform is not designed to replace in-person professional care or emergency medical services.
  2. EMERGENCY SITUATIONS
    • NON-EMERGENCY PLATFORM:
    • In situations where an immediate response is required due to a life-threatening condition or severe mental health crisis, Inner Health is not a suitable resource. The platform does not provide emergency medical services or immediate crisis intervention.
    • RECOMMENDATION TO SEEK PROFESSIONAL HELP:
    • If you are experiencing a severe mental health emergency, including but not limited to thoughts of self harm, suicidal ideation or intentions to harm others, it is imperative to seek immediate assistance from emergency medical services or a qualified mental health professional.
    • CONTACTING EMERGENCY SERVICES:
    • In the case of an emergency, dial your local emergency number or proceed to the nearest emergency room. Always contact a qualified healthcare provider for any urgent mental health concerns.
    • IMMEDIATE ASSISTANCE NUMBERS:
    • In the event of a life-threatening emergency or if you are in danger or harming yourself or others, these resources are available:
    • Dial 911: For immediate emergency assistance.
    • Alachua County Crisis Center: 352-264-6789
    • National Suicide Prevention Lifeline: 1-800-273-TALK (1-800-273-8255)
    • Meridian Mobile Crisis Response Team: 1-800-330-5615 Option 1
    • Gainesville Police Department Crisis Unit: 352-955-1818
  3. LICENSE GRANT. Inner Health grants User a non-exclusive, non-assignable, personal, non-transferable, limited, revocable license to use the Service for User’s own personal use, subject to the Terms. You may only use the Services for your own personal use. The Services are proprietary to Inner Health. You have no right to the Services or to the information and data contained in or produced by the Services, except for the right to use such information and data solely for your own personal purposes, in accordance with this agreement. You may not sublicense, assign or transfer this license, the Services, or the data and output produced by the Services to any third party. This license shall terminate immediately upon termination, for any reason, or expiration of this Agreement or the agreement between Inner Health and the third party through which you receive the Services and all rights and licenses granted under this Agreement shall revert to Inner Health. If you are receiving access to the Services through a third party, then there may be additional terms and conditions relating to your use of the Services.
  1. MODIFICATIONS AND UPGRADES. To the extent permitted by applicable law, Inner Health may amend the Terms without prior notice to the User, at any time, by positing a revised version of the Terms on the Inner Health website. The Terms shall govern any software upgrades provided by Inner Health that replace and/or supplement  the original Service, unless such upgrades are accompanied by a separate license, in which case the terms of that license shall govern.
  1. USER’S ACCOUNTS. To use the Service, User must register for an account (hereinafter “User’s Account”) by completing the account registration for the Service on the Inner Health website. Users agree to (a) provide true, accurate, complete, and current information about User as prompted by the account registration page(s); and (b) maintain and promptly update all such registration data to ensure it remains true, accurate, complete, and current. User further agrees to maintain User’s username and password in strict confidence, and to not share them with any third party or allow another person to access the Service using User’s username and password. In the event User becomes aware or suspects that Users’ username and/or password have been lost, compromised, or misused in any way, User shall immediately reset User’s credentials and notify Inner Health at support@innerhealth.ai. User’s account may be suspended or frozen pending an investigation, if warranted. User is fully and solely responsible for any and all use of the Service using User’s username and password. Inner Health reserves the right to revoke or deactivate User’s Account at any time for any reason, including, but not limited to, use inconsistent with the Terms.
  1. App and Website: The application is run on your mobile device. The mobile device collects the data you enter and transmits it to our servers that process the data in such a way that allows you to access your data through your mobile device.
  1. Not Medical Advice. The Service is a behavioral intervention as adjunct treatment for symptoms of anxiety, depression and substance abuse. The materials provided through the Services are not a substitute for professional medical advice, or medication. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read through the Services. While you may decide to authorize others, including health care providers, to have access to your user account, the information stored in your user account is not intended to be and should not be used for diagnosis of any disease or condition, as the sole treatment for symptoms, or to treat or prevent any diseases or conditions. The information is your user account may not always be accurate or up to date and should be viewed by you and your health care providers as informational only. If you think you may have a medical emergency, call 911 or go to the nearest emergency room immediately. Inner Health does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website or App. Reliance on any information provided by Inner Health, by persons appearing on the Website or App at the invitation of Inner Health, or by other members is solely at your own risk. 
  1. Privacy: For details on how we may use information and data you provide to Inner Health by using the Service, review Inner Health Privacy Policy.
  1. Termination for Breach. Inner Health may terminate your access to the Services at any time if Inner Health reasonably believes, in its sole discretion, that you are in violation of this Agreement. This Agreement shall terminate immediately if you fail to comply with any provision of this Agreement. This Agreement will terminate immediately upon the termination or expiration of the agreement between Inner Health and the third party through which you receive the Services. If this Agreement is terminated, your software license will be promptly discontinued and you will no longer have access to the Services. 
  1. NO WARRANTY. Though we want to provide a great service, your access to and use of the Services is at your own risk.  You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.  Without limiting the foregoing and to the maximum extent permitted by law, INNER HEALTH DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon.  INNER HEALTH will not be responsible or liable for any harm to your computer system or mobile device, loss of data, or other harm that results from your access to or use of the Services.  You also agree that INNER HEALTH has no responsibility or liability for the deletion of, or the failure to store or to transmit, any information or data and other communications maintained by the Services.  We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error free basis.  No advice or information, whether oral or written, obtained from INNER HEALTH or through the Services, will create any warranty not expressly made herein. THIS DISCLAIMER OF WARRANTIES MAY NOT BE ALLOWED IN CERTAIN JURISDICTIONS, SO THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. 
  2. USER INDEMNIFICATION. User shall defend, indemnify, and hold harmless Inner Health and its officers, directors, members, managers, equity holders, employees, agents, contractors, suppliers, and licensors against all costs, expenses, losses, and damages (including reasonable attorneys’ fees and costs) incurred or awarded as a result of or in connection with claims of third parties against Inner Health based on or arising directly or indirectly out of: (a) User’s use of the Service; (b) a breach by User of any terms of this Agreement; (c) User’s violation of any applicable laws or regulations; (d) any negligence, willful misconduct, or fraud by User or User’s Dependent; or (e) defamation, libel, violation of privacy rights, unfair competition, or infringement of any third party’s intellectual property rights or allegations thereof to the extent caused by User. 
  3. Copyright and Restrictions on Use.  You acknowledge that the Services, the process and technologies included therein, as well as any other information or materials made available to you by INNER HEALTH through the Services are valuable assets, trade secrets, and/or copyrighted material of INNER HEALTH and that INNER HEALTH retains title to them.  Under no circumstances may you copy the Services or the accompanying documentation for the purposes of distribution to others, nor may you remove the copyright notices on the Services or the accompanying documentation.  You may not: (a) disassemble, decompile, reverse engineer, reproduce, alter or attempt to derive the source code of the Services nor permit any third party to do so; (b) obtain for or assist third parties in obtaining access to the Services; (c) copy the Services; (d) modify or create derivative works based upon the Services; (e) attempt to delete, disable, or otherwise circumvent any security measures implemented by INNER HEALTH with respect to the Services; (f) write or develop any software based upon or developed with reference to the Services; (g) assist, permit, or authorize any third party entity to perform any of the activities prohibited by this Agreement; or (h) remove any proprietary notices, labels or marks that are on or in the Services. 
  4. LIMITATION OF DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL INNER HEALTH, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, AND (v) ANY DAMAGE TO EQUIPMENT CAUSED BY THE SERVICES AND ANY COST OF RECOVERING LOST DATA OR OF REPROGRAMMING WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, PERSONAL INJURY OR ANY OTHER LEGAL THEORY, WHETHER OR NOT INNER HEALTH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU.  
  5. MISCELLANEOUS. This Agreement shall be governed by and construed in accordance with the laws of the      State of Florida without regard to its conflict of laws principles.  Nothing in this Agreement will be deemed to create an employment, partnership, agency or joint venture relationship between you and Inner Health.  If any provision of this Agreement is held invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.  This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Inner Health without restriction.  Inner Health’s failure to act with respect to a breach of this Agreement does not waive Inner Health’s right to act with respect to subsequent or similar breaches.  Inner Health does not guarantee it will take action against all breaches of this Agreement.