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Terms of Use

Last updated: 2/13/22

Introduction

This Terms of Use Agreement (”Agreement” or “Terms”) is a legally binding and valid agreement that, in addition to our Privacy Policy, governs the use of the service (”Service”) as provided via the app “Even Mind” available in the Apple App Store and on the web at my.evenmind.app.

The Service is provided by Even Mental Health, Inc. (”Even”, “us”, “our”, “we”) a Delaware corporation. You can contact us at team@evenmind.co.

The Service is not intended for and is not designed to attract children under 16 years of age. If you are a parent or guardian of a dependent who is younger than the legal age of majority in your location of residence, you may accept this Agreement on behalf of the minor dependent, but thereby take full responsibility for their use of the Service

By using the Service, you agree to the Terms of Use.

Medical Disclaimer

The Service is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen in the Service. If you think you may have an emergency, call your doctor, or go to the nearest emergency department. Reliance on any information provided by Even or our employees is solely at your own risk.

Any advice or other materials provided through the Service and our website (www.evenmind.app) are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. PLEASE DO NOT USE “EVEN MIND” FOR MEDICAL PURPOSES. IN CASE OF ANY INDIVIDUAL HEALTH ISSUES, CONSULT A MEDICAL PROFESSIONAL.

Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service (the “Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by us or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the software or content available on the Service (other than content that you may submit), in whole or in part.

We grant you a personal, non-transferable and non-exclusive right and license to access and use the Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.

The Even logo; and other Even Mental Health, Inc. logos and product and service names are the exclusive trademarks of, and are owned by, Even Mental Health, Inc., and you may not use or display such trademarks in any manner without our prior written permission. Any third party trademarks or service marks displayed on the Service are the property of their respective owners.

Subscriptions

You may access the Service in the following ways:

  • Free Version: contains some restrictions on app features.
  • Even Mind Plus: a subscription fee-based version, which gives access to all content. You will only have access to the Even Mind Plus while your subscription is active. You can become a subscriber by purchasing a subscription within the Even Mind app. Please note that if you purchase a subscription through the Apple iTunes Store or our application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds.

Even offers a monthly subscription option (the “Subscription”). Our “Monthly” subscription is paid in monthly installments. The monthly renewal subscription fees will continue to be billed to the payment method you provided, automatically until canceled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the payment method you provided. Refunds cannot be claimed for any partial-month subscription period.

Even, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Even will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Use of the Service

You are solely responsible for and retain ownership of all profile information, data, messages, files or other materials that you create, post, or otherwise add to the Service (“User Data”). Even’s use of User Data shall be governed by our Privacy Policy. By using the Service, you accept and agree to the Privacy Policy. Even is not in any way liable for your User Data. You are solely responsible for backing up your personal User Data. We assume no liability for the deletion, corruption, or failure to store any User Data maintained or transmitted through your use of the Service other than the liability required by applicable law.

Using the Service does not give you any legal right, title or interest in the Service or the Software. The Service and the Software are protected by copyright, trademark, intellectual property rights and other applicable laws.

The Software 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 Software and the Service. You agree that we may automatically deliver such updates and upgrades to you as part of your use of the Service.

By using the Service, you give us permission to use your anonymous information to improve services for all users.

We endeavor to use reasonable security measures to protect against unauthorized access to your User Data. We cannot, however, guarantee absolute security of your User Data and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Service or its contents. You accept all risks of unauthorized access to the User Data and any other information you provide to us.

You agree to not use the Service to: (a) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; and/or (b) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the Service through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Service.

Data Protection

Please read our Privacy Policy to learn about the use and protection of your personal data related to Even. By using the Service, you agree to the collection and use of personal information in accordance with our Privacy Policy.

Disclaimer of Warranties and Liability

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT AVAILABLE IN THE SERVICE ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. EVEN MENTAL HEALTH, INC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. EVEN MENTAL HEALTH, INC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU EXPRESSLY AGREE TO RELEASE EVEN MENTAL HEALTH, INC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICE, (b) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS AVAILABLE THROUGH THE SERVICE, (c) ANY DELAY OR INABILITY TO USE THE SERVICE EXPERIENCED BY YOU, (d) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR CONTENT OBTAINED THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF EVEN MENTAL HEALTH, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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 CONSUMERS USE THE SERVICE FOR MEDICAL PURPOSES WHICH CONTRADICT THE EXPLICIT INTENTION OF OUR SERVICES.

EVEN 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.

Product descriptions shall not be deemed guaranteed unless separately agreed in writing. We do not warrant that the Service can be used to achieve particular interests or that the output of the Service is complete and accurate. Rather, the Service shall only represent a tool that helps track and monitor according to the information provided by the user.

Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise seek to make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another person or entity.

Termination

You agree that we may, under certain circumstances and without prior notice, immediately terminate your access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Service. Termination of your account may include (x) removal of access to all offerings within the Service, (y) deletion of your information, files and content associated with or inside your account, and (z) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or access to the Service.

Applicable Laws

This Service is controlled by Even Mental Health, Inc. from its offices within the United States of America.

We make no representation that the Service is appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this Service from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws.

Any action related to the Service or the Terms shall be governed by Massachusetts law and controlling U.S. federal law, without regard to conflicts of laws thereof.

You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Middlesex County, Massachusetts for any legal proceedings related to the Service or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Sections 9, 11, 12, 13, 15 and 16 shall survive termination of your account and/or the Terms.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any changes we may make to the Terms in the future will be posted on this page. You should check this page from time to time and take note of any changes. The amended Terms will take effect on the date on which we publish any variation. Your continued use of the Services after the date the changes have been posted will constitute acceptance of the amended Terms.

We and third party providers may make improvements and/or changes in the products, services, mobile applications, features, programs, and prices described in this Service at any time without notice.

Final Provisions

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Even Mental Health, Inc as a result of the Terms or your use of the Service. The Terms constitute the entire agreement between you and Even Mental Health, Inc with respect to your use of the Service. The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of us. We have the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Service. Our notice to you via email, regular mail, or notices or links on the Service shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.