Wysa Terms of Service
Initial Effective Date: October 19, 2016
Latest Revised Date: Aug 09, 2018
Welcome to Wysa, the mobile and online service of Touchkin eServices Private Limited (hereinafter referred to as "Wysa", or "We", or "Us" or "Our").
The domain name www.wysa.io (hereinafter referred to as "Website") and Wysa mobile application ("Mobile Software") is owned and managed by Touchkin eServices Private Limited, a private limited company, incorporated and existing under the laws of India and having its registered office at No. 532, "Manjusha", First Floor, 2nd main, 16th Cross, II stage, Indiranagar, Bangalore KA 560038 IN).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES. FOR EXAMPLE, YOU CAN FIND YOUR COUNTRY-SPECIFIC SUICIDE EMERGENCY NUMBER AT:
Use of Our Service
The Wysa App is a virtual AI chatbot that You can chat with, including upon Your choice, the ability to chat with a professional health coach, and through a conversational interface get access to tools and techniques to manage Your emotional wellness and to encourage You in building resilience. The Wysa App is primarily available for both iOS and android mobile systems. An additional service provided for users through the Wysa App is the facility to message a real Coach (“Coach Service”). Using Wysa, You can track and manage Your mood, and learn context-sensitive evidence-based techniques that can help You feel better.
You may use the Service only if You are a natural/legal person and can form a binding contract with Wysa, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
Anyone under 13 is strictly prohibited from creating an account for the Service. Wysa reserves the right to refuse access to the Service or terminate Your account at its sole discretion. The Service is not available to any Users previously removed from the Service by Wysa.
Subject to Terms and Conditions, You are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for Your personal, non-commercial use only and as permitted by the features of the Service. Wysa reserves all rights not expressly granted herein in the Service and the Wysa Content (as defined below). Wysa may terminate this license at any time for any reason or no reason.
You may be required to create an account with Wysa to avail certain Services with a user name and password ("Account"). Your Account gives You access to the Services and functionality that We may establish, modify and maintain from time to time and in our sole discretion. It is hereby clarified that creation of an Account is presently not mandatory and may be required in the future only for certain Services as notified by Wysa from time to time. Wysa may, at its sole discretion, make the creation of an Account mandatory for all Services.
When creating Your Account, if required, You must provide accurate and complete information. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof).
You are solely responsible for the activity that occurs on Your Account, and You must keep Your Account password secure. Whenever You need to set a password, We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with Your Account. You must notify Wysa immediately of any breach of security or unauthorized use of Your Account. Wysa will not be liable for any losses caused by any unauthorized use of Your Account.
You may never use another User's Account.
The "COACH SERVICE" provided to You on the Platform shall be under following terms and conditions:
- Coach Service is a Premium Service provided by the Platform;
- You are solely and fully liable for all conduct, postings and transmissions that are made under Your user name;
- Wysa engages coaches to provide coaching services to the Users of the Service (hereafter referred to as "Coach" or "Coaches");
- You have chosen to utilize the Services of a Coach engaged by the Platform by choosing and subscribing to an offered plan or bootcamp;
- The Platform allows You to connect and chat with a Coach, ask questions, ask to be listened to, or request advice and/or services directly from such Coach;
- Although any such Coach may be a licensed mental health professional, he/she is acting solely as a Coach through the Platform, and is not acting in his/her capacity as a licensed mental health professional, and the Services do not constitute professional therapy;
- You understand that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and You agree that You will not use the Services for any form of therapy;
- Neither the Coaches nor the Platform provide any medical, psychiatric, or other professional health care advice; nor are they intended to be used to assess health conditions or substitute for professional medical advice, or relied upon for diagnosis or treatment. Use of a Coach’s services or the Platform does not create or constitute a physician-patient relationship with any Coach, the Platform, Touchkin, or anyone acting on behalf of Platform or Touchkin;
- If at any time You experience an emergency, medical or otherwise, You will not utilize or rely upon the Platform or any Services or advice provided by a Coach, the Platform, Touchkin, or any of their employees, agents or contractors to treat or diagnose any such emergency condition;
- You understand that the Services offered by Your Coach are solely for the purpose of listening actively to You, supporting You in achieving Your defined goals and pointing You to the right Wysa tools;
- The Platform will randomly assign a Coach to You when You enter the Platform at any time. You agree to not request and Wysa is not obligated to provide You with a specific Coach and You will avail Services from the Platform assigned Coach;
- You may not be able to switch Coaches automatically. You may raise an escalation with Your current Coach requesting a Coach switch. However, any replacement of Coach shall be at Wysa’s sole discretion;
- You can exchange unlimited messages and chats with Your assigned Coach and the Coach will try to respond within 12 hours. Coach messaging will be only by chat and only through the Platform. You agree to not collect contact details of the Coach or contact Your Coach outside of the Platform;
- Coach messaging is scheduled at the mutual convenience of the Coach and the User;
- Your private chats with a Coach are available anytime for Your reference. Your previous conversations with the Coaches will be visible to the assigned Coach in Your next visit;
- It is Your Coach’s intention to provide Services that will assist You in reaching Your goals. Based upon the information that You provide to Your Coach and the specifics of Your situation, Your Coach will provide recommendations to You. Coaches and Users are partners in the coaching process. You have the right to agree or disagree with Your Coach’s recommendations;
- The Platform serves as a "connector" for User to access online Coaches. Touchkin makes no representation or warranty whatsoever as to (a) the accuracy or availability of the Platform, (b) the willingness or ability of the Coach to listen, (c) the willingness or ability of any Coach to give advice, (d) whether the User shall find a Coach services useful or satisfactory, (e) whether the User shall find a Coach’s advice relevant, useful, accurate or satisfactory, (f) whether the support of the Coach will be helpful, (g) whether the advice of the Coach will be responsive or relevant to the User’s question, or (h) whether the Coach’s advice will otherwise be suitable to the User’s needs;
- Touchkin does not verify the skills, degrees, qualifications, credentials or background of any Coach. You may ask the Coach from whom You receive Services details regarding his or her skills, degrees, qualifications, credentials and background;
- User understands and agrees that, although a Coach may have been accessed through the Platform, Touchkin cannot predict or assess the competence of, or appropriateness for User’s needs, of the Coach. User also acknowledges and agrees that User takes full responsibility for the decision to access a Coach;
- The monthly fee for the Service shall be as mentioned on the Platform and indicated to You at the time of purchase ("Fees"). Touchkin may at its discretion revise the Fees. Changes to the fees will be notified to You through the Platform at least fifteen (15) days before the date of billing. Any changes to the Fees will be effective only upon your approval through the Mobile Software. Wysa reserves the right to discontinue the Service upon non-payment of Fees by you. Fees are payable through purchase through Google Play and Apple iTunes prior to the time the Services are rendered;
- Because coaching is not a medical treatment, typically insurance will not cover the cost. Some employers may cover some of the cost of coaching. It is Your responsibility to pay for coaching and get reimbursed by Your employer if that is the case;
- Subscriptions will be automatically renewed on a monthly basis until subscription is cancelled. It is solely the User’s responsibility to cancel, which can be done at any time from Google Play and Apple iTunes. WE DO NOT ACCEPT SUBSCRIPTION CANCELLATIONS VIA EMAIL;
- Cancelling Your subscription depends on Your payment method. Here are the two ways to cancel:
- The Fees payable by the User is a fixed fee and accordingly, You can use the Services as little or as much as You like, but You shall pay for the month regardless of how much You choose to use the Service;
- It is the User’s responsibility to note the date and time that the subscription will expire or come up for renewal, and to cancel prior to Your payment being processed. Payments may be subject to applicable currency exchange rates;
- The Platform may offer promotions from time to time such as free trials or upgrades to a plan or bootcamp for a limited time period. Such promotions will be available only once and cannot be extended or be transferable across multiple Users, plans and bootcamps.
- If you want to modify or delete your personally identifiable information, please contact Us at email@example.com. Touchkin will provide you with a request form that You would need to fill and submit back to Us via email. The Platform will verify and remove only the specific identifiable information as requested by you, within 72 hours of receiving the filled request form;
- Touchkin conducts research on Our global platform. This research looks at how different activities on Platform (coach conversations, other activities, etc.) impact mental well-being measures. Touchkin may use User Content (as defined under Wysa Terms of Service) and other data collected from the user in accordance with the Terms and Conditions for the purpose of this research and data analytics. All data including User Content is anonymized (or anonymous) before use for research purposes. Research and outcomes are key to helping Users make real change and progress in their lives;
- Touchkin reserves the right to modify or discontinue, temporarily or permanently, any Service in or on the Platform, with or without notice to User. User agrees that Touchkin shall not be liable to User or to any third party for any losses or damages that may result to User or any third party from such discontinuation or interruption of Service. However, if Service is temporarily or permanently discontinued by Wysa, Wysa will initiate the refund of Fees paid by the User on a pro-rata basis for the relevant month or any unused portion of the Services. Such refund shall be in accordance with the refund policy and terms and conditions of Google Play or Apple iTunes (whichever applicable). In such event You are required to contact Us for such requests, You will need to send an email request from Your Google or Apple email ID to Us. Touchkin will address any such request on a case by case basis;
- Touchkin Services depend on various factors such as software, hardware and communications networks, its contractors and suppliers. Touchkin does not guarantee that the Platform Service will be uninterrupted or that it will be timely, secure or error-free;
- Touchkin, in its sole discretion and for any reason, may terminate User’s participation in the Services and refuse any and all current or future use by Users of its platform. Upon such termination Wysa will initiate the refund of Fees paid by the User on a pro-rata basis for the relevant month or any unused portion of the Services. Such refund shall be in accordance with the refund policy and terms and conditions of Google Play or Apple iTunes (whichever applicable). In the event You are required to contact Us for such requests, You will need to send an email request from Your Google or Apple email ID to Us. Touchkin will address any such request on a case by case basis;
- TOUCHKIN OR COACH MAY DISCLOSE YOUR INFORMATION INCLUDING PERSONAL INFORMATION IF TOUCHKIN REASONABLY BELIEVES THAT DISCLOSURE: (I) IS NECESSARY IN ORDER TO COMPLY WITH A LEGAL PROCESS (SUCH AS A COURT ORDER, SUBPOENA, SEARCH WARRANT, ETC.) OR OTHER LEGAL REQUIREMENT OF ANY GOVERNMENTAL AUTHORITY, (II) WOULD POTENTIALLY MITIGATE OUR LIABILITY IN AN ACTUAL OR POTENTIAL LAWSUIT, OR (III) IS OTHERWISE NECESSARY OR APPROPRIATE TO PROTECT OUR RIGHTS OR PROPERTY, OR THE RIGHTS OR PROPERTY OF ANY PERSON OR ENTITY;
- You understand that the use of technology is not always secure and You accept the risks of confidentiality in the use of Your phone and other technology.
- The Platform may contain links or other content related to web sites, products and/or services offered by third parties. Touchkin has no control over any such links, content, web sites, products or services or any information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. The User acknowledges and agrees that Touchkin does not endorse such third party products, services or advertisements and is not responsible for the availability of such third party links, content, web sites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. The User warrants and agrees that Touchkin will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, content, product and/or service. Touchkin encourages the User to, at a minimum, be aware when he or she leaves a site and to review the privacy practices related to third party sites;
- It is agreed between You, Your heirs, agents, assigns, personal representatives and next of kin and the Coach, Touchkin and their officers, directors, employees, contractors, members, agents and assigns that any disputes or claims arising out of or relating to the Agreement, or the breach of this Agreement, will be mutually addressed by both the parties towards a resolution. Any such resolution may occur over the telephone. In the event that the dispute has not been resolved after 60 days then the terms of dispute resolution mentioned in this Agreement will be followed by both the parties;
- You, for Yourself and on behalf of Your heirs, agents, assigns, personal representatives and next of kin, HEREBY RELEASE FROM LIABILITY, INDEMNIFY AND HOLD HARMLESS any Coach, and Touchkin, and their officers, directors, employees, contractors, members, agents and assigns (collectively "the Indemnified Parties") from and against any and all claims, losses, causes of action, costs, damages, expenses, and liabilities whatsoever, that You, Your heirs, agents, assigns, personal representatives and/or next of kin may have against the Indemnified Parties, which MAY INCUR, OR WHICH MAY ARISE OUT OF OR AS A RESULT OF YOUR USE OF THE PLATFORM AND/OR THE COACHES AND/OR RELIANCE UPON ADVICE PROVIDED THEREFROM, WHETHER CAUSED BY YOUR OWN ACTIONS OR INACTIONS, BY THE NEGLIGENT ACT(S) OR OMISSION(S) OF THE INDEMNIFIED PARTIES, OR OTHERWISE, to the fullest extent permitted by law;
- The Service is provided on an "as is" and "as available" basis. Use of the Service is at Your own risk. to the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Wysa servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at Our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures We may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to You or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend Your access to the Service without notice and liability for any reason, including if in Our sole determination You violate any provision of the Terms and Conditions, or for no reason. Upon termination for any reason or no reason, You continue to be bound by the Terms and Conditions. You are responsible for all the mobile data usage resulting from the use of Service. Consult Your mobile operator concerning your plan, data rate charges and limits. You are solely responsible for Your interactions with other Wysa Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Wysa shall have no liability for Your interactions with other Users, or for any User's action or inaction.
Some areas of the Service allow Users to post content such as chat content, profile information, videos, comments, questions, and other content or information [any such materials a User submits, posts, displays, or otherwise makes available on the Service ("User Content")]. We claim no ownership rights over User Content created by You; the User Content You create remains Yours. However, by sharing User Content through the Service, You agree to allow others (in accordance with your settings and this Agreement) to view, edit, and/or share Your User Content. Wysa has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You agree not to post or transmit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that You know is not correct and current; (ix) violates any school or other applicable policy, including those related to cheating or ethics; (x) interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity; (xi) except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. You may not copy or use personal identifying or business contact information about other Users without their express permission. You agree that any User Content that You post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Wysa reserves the right, but is not obligated, to reject and/or remove any User Content that Wysa believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, You affirm, represent and warrant the following:
- You have the consent of each and every identifiable natural person in the User Content to use such person's name or likeness, and each such person has released You from any liability that may arise in relation to such use of such User Content.
- Your User Content and Wysa's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. Wysa takes no responsibility and assumes no liability for any User Content that You or any other User or third party posts or sends over the Service. You shall be solely responsible for Your User Content and the consequences of posting or publishing it, and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your User Content. You understand and agree that You may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to Your purpose, and You agree that Wysa shall not be liable for any damages You allege to incur as a result of User Content.
User Content License Grant
Use of User Content
Wysa conducts research on Our global platform. This research looks at how different activities on Mobile Software (coach conversations, other activities, etc.) impact mental well-being measures. Wysa may use User Content and other data collected from the User in accordance with the Terms and Conditions for the purpose of this research. All data including User Content is anonymized (or anonymous) before use for research purposes. Research and outcomes are key to helping Users make real change and progress in their lives, and we are grateful at the support You provide towards this mission by sharing Your data.
We make available Mobile Software to access the Service via a mobile device. To use the Mobile Software You must have a mobile device that is compatible with the Mobile Software. Wysa does not warrant that the Mobile Software will be compatible with Your mobile device. Wysa hereby grants You a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Wysa Account owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Wysa may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Wysa or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Wysa reserves all rights not expressly granted under this Agreement.
The Mobile Software originates in India, and is subject to Indian export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from India. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Indian and foreign laws related to use of the Mobile Software and the Wysa Service.
Our Proprietary Rights
Except for Your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Wysa Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Wysa and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Wysa Content. Use of Wysa Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or We may invite You to submit comments or ideas about the Service, including without limitation about how to improve the Service or Our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place Wysa under any fiduciary or other obligation, and that We are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission, Wysa does not waive any rights to use similar or related ideas previously known to Wysa, or developed by its employees, or obtained from sources other than You.
No Professional Advice
If the Service provides any information (e.g. medical or legal)including recommending tools and techniques (e.g. Yoga or activity or exercises), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area before any use.
We deeply care about the integrity and security of Your personal information and maintain security measures as required under applicable laws in India to ensure its unauthorized use. However, we cannot guarantee that unauthorized third parties will never be able to defeat Our security measures or use Your personal information for improper purposes. You acknowledge that You provide Your personal information at your own risk.
Monitoring of the Website, Mobile Software and User Content
We have the right and liberty to monitor the content on the Website and Mobile Software at all times which shall include information provided in Your Account or any User Content posted by You. The monitoring of the Website is important to determine the veracity of the information provided by You and that every User remains in consonance with the Terms and Conditions provided herein. Subject to the Agreement, We shall also have the liberty to remove any objectionable content, including User Content, which is in contravention of the Agreement or share such information with any governmental authority as per procedures laid down by the law for the time being in force in India. It is hereby clarified that Wysa has a right to but not an obligation to monitor the content on the Website and the Mobile Software. Accordingly, Wysa shall not be liable for any claims, losses, damages costs or expenses that may arise as a consequence of the User Content published by You or any other User on the Website.
The Services are provided to the Users free of cost at present. The User may choose to avail additional services available on the Mobile Software ("Premium Services") upon payment of a subscription fees. Premium Services shall be considered as a part of Services for the purpose of the Terms and Conditions. We may modify the subscription fee for the Premium Services or make all Services subject to payment of certain subscription fee at our sole discretion. The User will be notified of the applicable fee payable for the Services and the Premium Services prior to User’s use of the same.
Subscriptions will be automatically renewed on a monthly basis until subscription is canceled before the end of the current period. For Apple iTunes, the subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. You can go to your iTunes Account settings to manage your subscription and turn off auto-renew. Your iTunes Account will be charged when the purchase is confirmed. It is solely the User’s responsibility to cancel, which can be done at any time from Google Play and Apple iTunes. WE DO NOT ACCEPT SUBSCRIPTION CANCELLATIONS VIA EMAIL.
It is the User’s responsibility to note the date and time that the subscription will expire or come up for renewal, and to cancel prior to Your payment being processed. Payments may be subject to applicable currency exchange rates.
To the maximum extent permitted by applicable law, in no event shall Wysa, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages arising out of or in connection with the Services. The aggregate liability of Touchkin shall be limited to the subscription fee paid by You for a period of six (6) months for the Services.
You agree to defend, indemnify and hold harmless Wysa and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Service, including any data or content transmitted or received by You; (ii) Your violation of any term of this Agreement, including without limitation Your breach of any of the representations and warranties above; (iii) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) Your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of Your User Content or any that is submitted via Your account; or (vi) any other party's access and use of the Service with Your unique username, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WYSA OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WYSA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
WYSA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WYSA SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WYSA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WYSA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL WYSA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WYSA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WYSA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE FREE WYSA HEREUNDER OR $100.00, WHICHEVER IS GREATER. FOR THE PAID SUBSCRIPTION TO COACH SERVICE, THE AGGREGATE LIABILITY OF TOUCHKIN SHALL BE LIMITED TO THE SUBSCRIPTION FEE PAID BY YOU FOR A PERIOD OF SIX (6) MONTHS FOR THE COACH SERVICE.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WYSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from facilities in India. Wysa makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if You are a resident of a country embargoed, or are a foreign person or entity blocked or denied, as identified by embargo and sanctions lists maintained by the United Nations, USA, UK or India. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in India.
Governing Law and Arbitration
You agree that: (i) the Service shall be deemed solely based in Bangalore, Karnataka, India; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Wysa, either specific or general, in jurisdictions other than Bangalore, Karnataka. This Agreement shall be governed by the internal substantive laws of India, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the courts located in Bangalore, Karnataka for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of Our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with Our obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect your statutory rights.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Wysa without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to the Agreement.
This Agreement and Terms and Conditions, together with any amendments, policies and any additional agreements You may enter into with Wysa in connection with the Service, shall constitute the entire agreement between You and Wysa concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Wysa's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Contact.If You have any questions, comments, or concerns about this Agreement or our other privacy policies or practices, please contact us at firstname.lastname@example.org or by writing to:
Touchkin eServices Private Limited
Attn: Wysa Terms of Service
1st Floor, Manjusha, No 532
16th Cross, 2nd Main Road, 2nd Stage
Indiranagar, Bangalore, 560038
Karnataka - INDIA