PROGRAM PARTICIPATION AGREEMENT
- This Program Participation Agreement (this “Agreement”) applies to your participation in PysInnovations’ wayForward Program (the “Program”), as defined below. That the content of the Program has been provided by, WayForward Health Pvt Ltd on behalf of PsyInnovations Inc USA. As a condition of registering for and participating in the Program, you must acknowledge and agree that you have read and understand all of the terms and conditions of this Agreement and the Program Disclaimer, incorporated herein by reference, as indicated by clicking on “I Agree” below.
- This Program includes modules for managing stress and anxiety. These modules will be self-guided, and WayForward Health has the option of providing support from coaches as required.
- The Program utilizes a mobile application called as wayForward (also referred to as “wayForward App”), which is designed to help users identify, cope with, and manage their stress through the use of self-help tools, which are communicated to the user’s mobile phone. Participation in the Program requires users to interact with the Program’s software by responding to certain questions presented to the user based on his/her input. The Program is comprised of multiple sessions of approximately five (5) to ten (10) minutes each in duration.
- wayForward Health is NOT a company offering any medical advice or counselling but providing lifestyle improvement and wellness tips and a self-guided program through its software or app solution- wayForward.
- To register for the Program, you will be required to provide your name and a unique password.
- The wayForward program neither provides any medical, psychiatric, or other professional health care advice; nor is it intended to be used to assess health conditions or a substitute for professional medical advice, or is to be relied upon for diagnosis or any medical treatment. Such information may also not be relied upon as medical, psychiatric, or other professional health care advice. Participation in the Program and/or use of wayForward App does not, and is not intended to, create or constitute, a physician-patient relationship with wayForward Health or PsyInnovations, its officers, directors, employees, independent contractors, agents, coaches or anyone acting on behalf of wayForward Health or PsyInnovations.
- You agree to consult and seek medical advice and relief from a licensed medical practitioner or a qualified health care professional for any concerns you may have regarding symptoms, medical condition, health related discomfort or a mental condition or diagnosis and not to use wayForward App as an alternate to medical advice of a licensed medical practitioner/ qualified heath care professional. You acknowledge, confirm and agree NOT TO USE WAYFORWARD PROGRAM IN CASE OF ANY MEDICAL OR PSYCHIATRIC EMERGENCY. You acknowledge, confirm and agree that wayForward and PsyInnovations is not designed for use in instances of serious mental condition, diagnosis, or drug therapy.
- You agree that wayForward Health, PsyInnovations and its affiliates, officers, directors, employees and agents shall not be liable to you or anyone else for any loss or injury caused in whole or in part by relying upon, using, or interpreting the content or any other information obtained through the use of the wayForward App. In no event will wayForward Health, PsyInnovations or its affiliates, officers, directors, employees or agents be liable to you or anyone else for any losses or damages which may be direct or may be incidental, consequential, indirect, special or exemplary damages or lost profits arising out of the use or inability to use the content, the wayForward or any other information obtained through the wayForward, even if PsyInnovations, its affiliates, officers, directors, employees and agents know or have been advised of the possibility of such damages.
- In case, you choose to opt of assistance of a person referred to as a Coach in the wayForward Program, you agree and acknowledge that the Coach although engaged by wayForward Health or its affiliates to help users such as you to deal with emotional wellness topics, is not providing you any therapy or medical/ psychiatric counseling. You agree that participation in the Program and/or use of wayForward App and engaging with the Coach does not, and is not intended to, create or constitute, a physician-patient relationship between you and the Coach. wayForward Health has sole discretion in designating a person as a Coach to assist users and provide its services through the wayForward Program.
- You agree to indemnify and hold harmless wayForward Health or PsyInnovations, its related entities, affiliates, and their directors, officers, managers, employees, donors, investors, agents, coaches and licensors, from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from the use of the wayForward and/or any violation of this Agreement.
- wayForward Health and PsyInnovations take reasonable measures to protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. wayForward Health and PsyInnovations use secure servers to protect all data collected from participants through the Program. When you access or use the wayForward, PsyInnovations automatically collects information about you, including login information, device information, and your mobile phone operating system.
- By registering for the Program, you agree to accept all the risks of unauthorized access to your data, and any other information you provide to wayForward Health and PsyInnovations and/or the Program.
Use of Information:
- PsyInnovations may use your data which it collects through the Program (“Data”) for various purposes, including:
- (i) Internal optimization for the wayForward;
- (ii) Marketing purposes to demonstrate to investors the use of the wayForward on actual users, but only after such Data has been de-identified to the extent that the recipient of such Data would not reasonably be able to use it to identify you;
- (iii) Monitoring and analyzing trends, usage and activities in connection with the wayForward; and
- (iv) Carrying out any other purpose for which the Data is collected.
- wayForward Health or PsyInnovations may share your Data which it collects through the Program as follows:
- (i) With consultants and other service providers who need access to such Data to carry out their functions on PsyInnovations’ behalf;
- (ii) In response to a request for information, if PsyInnovations believes that such disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
- (iii) In connection with, or during any negotiations of, any merger, sale of PsyInnovations’ assets, financing or acquisition of all or a portion of PsyInnovations’ business; and
- (iv) With your consent or at your direction, including if PsyInnovations notifies you through the Program and/or the wayForward that the information you provide will be shared in a particular manner, and you provide such information.
- wayForward Health or PsyInnovations may also share aggregated or de-identified Data, which cannot reasonably be used to identify you.
- PsyInnovations provides the wayForward App as is without any express or implied warranties. PsyInnovations does not guarantee that the wayForward App will be safe or secure. wayForward Health or PsyInnovations is not responsible for the actions, content, information or data of third parties, and you release PsyInnovations, its directors, officers, employees, and agents from any claims or damages, known and unknown arising out of or in any way connected with any claim you have against any such third parties.
- wayForward Health or PsyInnovations is not responsible for data lost, exposed or used due to the nature of the Internet and digital environments, illegal actions of hackers and/or criminals, technical malfunctions of servers and databases, etc. These are your accepted risks as a user of the wayForward App, and a user of the Internet in general and you are aware and agree to this standard in using the wayForward App.
Other Legal Terms:
- This Agreement shall be interpreted in accordance with the laws of India without consideration of conflict of laws principles and Courts at New Delhi shall have exclusive jurisdiction to deal with any dispute arising out of or in connection with this Agreement.
- wayForward Health and PsyInnovations reserve the right to amend this Agreement at any time without notice, and only the current Agreement shall be deemed effective. Therefore, you are requested to check the terms of this Agreement frequently. Your continued use of the wayForward will signify your acceptance of the changes to this Agreement, and your agreement to be bound by such changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the wayForward.
UNLESS OTHERWISE EXPRESSED, WAYFORWARD HEALTH AND PSYINNOVATIONS EXPRESSLY DISCLAIMS ALL WARRANTIES & GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES/GUARANTEES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH REGARD TO THE PROGRAM OR THE WAYFORWARD APP.