Henry Health is a platform that provides users with the ability to obtain self-care support and mental health services via a mobile application (the “Mobile App”), any website(s) (collectively, the “Site”), and/or any other digital platform or application accessed by its users (the “Platform” and together with the Mobile App and/or Site, the “Services”). The Services is owned and operated by Henry Health Inc., a Delaware corporation (“Henry Health”, “we” or “us”).
DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU ARE EXPERIENCING OR EXPERIENCE A MEDICAL EMERGENCY, PLEASE CALL 911 (OR YOU JURISDICTION’S EMERGENCY NUMBER) IMMEDIATELY.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOURSELF OR OTHERS, OR IF YOU FEEL THAT YOU OR ANOTHER PERSON MAY BE IN DANGER, PLEASE CALL 911 (OR YOUR JURISDICTION’S EMERGENCY NUMBER) IMMEDIATELY.
2. Modifications to the Services. Features of the Services may be modified/deleted and may be temporarily or permanently suspended at any time, with or without notice. Henry Health will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
5. Mobile Participants. You understand and agree that various entities unaffiliated with us make up the “mobile ecosystem” that enables you to access, visit and/or use the Services via your computer, mobile or other device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of content for use with the Services. We do not represent, warrant or guarantee that all portions of the Services, or the Services as a whole, can be accessed via all mobile or other devices, or via all carriers and service plans or is available in all geographic locations.
6. Third Party Sites. Links provided via the Services to third party websites and services are provided only as a convenience. If you use these links, you may leave the Services. Henry Health does not control nor endorse any such third party websites. You agree that the Henry Health Parties, as defined below, will not be responsible or liable for any content, goods or services provided by such third party websites or for your use or inability to use such third party websites. You will use such links at your own risk. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You are advised that other websites on the Internet, including third party websites linked from the Services, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Henry Health expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.
6. Use of the Services. You may be required to establish an account in order to use the Services and/or take advantage of certain features. If so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services; and (b) as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or Henry Health has reasonable grounds to suspect that such information is false, inaccurate or outdated, Henry Health has the right to suspend or terminate your account.You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share accounts for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Services, including charges resulting from unauthorized use of your account.You agree to use the Services only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Services. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to use the Services in any manner that interferes with its normal operation or with any other user’s use of the Services.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or otherwise creating an undue burden on the Services.
You may not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Services. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Services.
You further agree that you will not access the Services by any means except through the interface provided by Henry Health for access to the Services. Creating or maintaining any link from another application to any page at the Services without the prior authorization of Henry Health is prohibited. Running or displaying the Services, or any information or material displayed via the Services in frames or through similar means on another website or application without the prior authorization of Henry Health is prohibited. Any permitted links to the Services must comply with all applicable laws, rule and regulations.
8. Communications to You. The communications between you and us usually use electronic means, whether you access, visit or use the Services, send us messages, or whether we post notices on the Services or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so applies to all of your interactions and transactions with us.
10. Termination. You may discontinue access to and participation in the Services at any time. Upon discontinuance of use/termination for any reason, Henry Health may delete all data/information related to user from the Services.
11. Medical Advice Disclaimers. You hereby certify that you are at least eighteen years old or that you have the legal ability to consent to therapy or have parental or guardian consent to therapy, and that you are physically located or are a resident of the United States of America.. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of the information you provide that the medical professionals you access via the Services (“Medical Professionals”) rely upon this certification in order to interact with you and provide their services.Other than information received directly by you from a Medical Professional, the Materials, Content, and the Services should not be considered medical advice. None of the Materials or Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Henry Health does not recommend or endorse any specific healthcare tests, providers, medications, products or procedures.
12. Medical Professionals. Henry Health does not employ the Medical Professionals you may interact with through the Services. Henry Health assumes no responsibility for the quality of the services a Medical Professional provides, nor any act, omission or wrongdoing of any Medical Professional. While we will help you select a Medical Professional, Henry Health makes no representation or warranty whatsoever as to whether the Medical Professional’s services will be useful, correct, satisfactory or suitable to your needs. We cannot legally guarantee the verification of degrees, qualifications, licensure, certification, credentials, competence, or background of any Medical Professional. Your relationship with the Medical Professional is strictly with the Medical Professional. Henry Health is not involved in the Medical Professional-patient relationship and does not control the Medical Professional’s provision of counseling. You agree, confirm and acknowledge that you are aware of the fact that in some cases, the care offered through the Services may not be a full and complete substitute for a face-to-face session by a healthcare professional.
13. Payments. Any payment you make for the use of the Services is used to compensate Henry Health for its software development, administrative services and business expenses, including credit card transaction fees. Medical Professionals also pay for the use of the Henry Health technology. Part of your payment for the use of the Services, accounted for separately, may be remitted to the Medical Professional for the healthcare services provided to you, if any. Regardless of any payments made, Henry Health does not hold itself out as the provider of any healthcare services. You agree to pay all fees in accordance with the applicable fee schedule, and the terms and rates published from time to time. You agree to maintain valid credit card information and you authorize Henry Health to bill and charge your credit card as applicable. If you access the Services through sponsored benefit plan or other insurance backed plan, your payment will be arranged by a third party “Payor” which is a third party that administers or insures the benefit program you are a member of. In this instance, you may still be responsible for co-payment or payment for additional services which are explained in your benefit program.
14. Features on the Service are Not Necessarily Endorsed by Us. We do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted, uploaded, transmitted, sent or otherwise made available on or through the Services, including without limitation in our social, community, and public discussion areas, event listings, or elsewhere, if applicable. Any Content posted, uploaded, transmitted, sent or otherwise made available on or through the Services, including advice and opinions, are the views and responsibility of those who post the content and do not necessarily represent our views or the views of our licensors, vendors, and/or service providers. You agree that we and our licensors, vendors, and/or service providers are not responsible, and shall have no liability to you, with respect to any content posted, uploaded, transmitted, sent or otherwise made available on the Services.
15. Representations. You expressly represent, warrant, and/or acknowledge that:
a. Henry Health does not warrant or guarantee the suitability or availability of any Material or Content, including without limitation any events, utilities, products or services, found through the Services.
b. Henry Health does not screen the authenticity or quality of any Material or Content or any provider of Material or Content, including without limitation any events, utilities, products or services found through the Services.
c. Henry Health makes no representations or promises regarding any Material or Content, and that many of the Material or Content provided via the Services may be owned or licensed by third parties.
d. Henry Health is not a party to any transaction between you and any other individual (including Medical Professional), legal entity, or governmental entity or agency. Any dispute shall be resolved between yourself and such individual (including Medical Professional), legal entity, or governmental entity or agency.
e. Any information, including any data, Materials, or Content on the Services, including on any Facebook, Instagram or Twitter page, are for informational purposes only.
f. You assume all risk when using the Services, including all of the risks associated with any online or offline interactions with other users, Medical Professionals, providers of events, products and services, and from additional fees or charges from your mobile carrier.
16. Warranties, Disclaimers and Limitations of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE HENRY HEALTH PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE SERVICES; (V) FOR ANY DISPUTES BETWEEN USERS OF THE SERVICES OR BETWEEN A USER OF THE SERVICES AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THE HENRY HEALTH PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HENRY HEALTH AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE HENRY HEALTH PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE CHARGES PAID BY YOU DIRECTLY TO HENRY HEALTH VIA THE SERVICES FOR SERVICES PROVIDED SOLELY AND DIRECTLY BY HENRY HEALTH TO YOU IN THE SIX MONTHS PRIOR TO SUCH CAUSE OR CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
19. Procedure for Notifying the Company of Copyright Infringement. Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact our Copyright Agent at the address listed below and provide us with the following information:
a. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.b. Identification of the copyrighted work claimed to have been infringed.
c. Information describing where the allegedly infringing material is located on the Services.
d. Your address, telephone number, and email address.
e. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
f. A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
The foregoing information may be emailed to firstname.lastname@example.org or mailed to our Copyright Agent at the following address:
Copyright Agent – Henry Health Inc.
6924 9th St. NW, Washington DC 20012
Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the user responsible for posting said material. The posting of infringing copyrighted material may result in the termination of user privileges of such user.
20. U.S. Export Controls. The Services may be subject to United States export controls. No part of the Services may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
a. We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
We will make every effort to respond to your questions, concerns, complaints, and requests within a reasonable time.
Effective Date: September 17, 2018