Wysa Terms of Service
Initial Effective Date: October 19, 2016 (GMT)
Latest Revised Date: May 18, 2020 (GMT)
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" or "Wysa App") 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, Bengaluru KA 560038 IN).
- If You are having suicidal thoughts or planning to act on suicidal thoughts, or if You feel that You may be a danger to Yourself or to others, or if You otherwise have any medical or mental health emergency or severe mental health condition, or if You are in a crisis or trauma or abuse, please discontinue use of the Service immediately and 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: Suicide.org - Suicide Prevention, Awareness, and Support
- Please do not share Your Personal data (such as full name, date of birth, gender, contact numbers, address, financial identifiers, government-provided identifiers) or Your medical-related data or any other sensitive data (such as Your sexual preferences, religious or political opinions, financial data) when You use the Wysa App and Services.
- You understand that Your interaction with the Wysa Bot is with an AI chatbot and not a human. The Bot is restricted in the means of response, and the intended use is for providing evidence-based tools and techniques to manage emotions and encourage mental well-being in a self-help context. It is not intended for providing diagnosis, treatment or cure of a condition or disease. The Bot cannot and will not offer advice on issues it does not recognize.
- The Wysa Well-being Coach Service will use text-based messaging to apply motivational interviewing and life coaching to help You work towards Your personal well-being goals. The Service will focus on building wellness and emotional resilience. The underlying principle of the Well-being Coach Service is that You have the knowledge and capacity to make desired changes in Your life. The role that a Well-being Coach will play is to support You in finding Your own way, help You tap into Your own strengths and abilities, so that You can identify and use resources around You to fill any gaps.
- The Wysa Therapist Service is also a text-based messaging service. It will use person-centered supportive listening, motivational interviewing and CBT principles to help You to take control of Your mental and emotional well-being. Wysa Therapists will draw on various evidence-based techniques to provide empathetic and non-judgmental support. The Wysa Therapist will listen to Your worries empathetically, promote positivity and support You in making successful lifestyle changes, so that You can manage Your situation better and build emotional resilience.
- Wysa Well-being Coach and Wysa Therapist services are not intended to be a replacement for face-to-face psychotherapy or to provide a diagnosis, prognosis, treatment or cure for a disease/condition/disorder or disability or provide any type of state-regulated mental health services in Your country of residence. It is an enabling and empowering mode of support, rather than treatment of illness or a health condition.
- By using the Wysa Well-being Coach or Wysa Therapist Services, You understand and agree that the Coach assigned to work with You will be located remotely and may not be located in Your country or state of residence.
- Wysa Bot and Wysa Well-being Coaches and Wysa Therapists cannot and will not offer medical or clinical advice. In case You mention the need for such advice, they will suggest that You seek advanced (medical) help.
- For safety and security reasons, We strongly recommend that You keep Your conversations with Wysa App private. We strongly recommend that You set automatic update of the Wysa App in the application manager settings of Your mobile device; to get the latest Wysa App-based features and fixes. Always exit the Wysa App version in Your mobile device by using the back button before upgrading to a newer version to prevent loss of ongoing or previous conversations.
Institution or other Consumer users
The Institution Version and its Services can only be accessed by authorized Institution User(s) after following installation and access instructions as shared by the Institution or their Service provider.
The Wysa App is a virtual AI chatbot (“Bot” or “Wysa Bot”) that You can chat with, including upon Your choice, the ability to subscribe and to message a highly trained and qualified mental well-being professional (“Wysa Coach” or “Wysa Therapist”) or for Institution Users, to be able to use an institutional support mechanism integrated within the Wysa App, and through a conversational interface get access to tools and techniques to manage Your emotional well-being. The Wysa App is available for both iOS and Android mobile systems. Your Interaction with the Bot is with an artificial intelligence chatbot and not a human. The Bot is restricted in the means of response, and the intended usage of Wysa App is for providing support via evidence-based tools and techniques to manage emotions and encourage mental well-being, as an early intervention tool in a self-help context. You make the choice of using the Bot, based on Your own estimate of need, and agree that this is only suitable for basic self-help. This is not intended to be a replacement for face-to-face psychotherapy or to provide a diagnosis, prognosis, treatment or cure for a disease/condition/disorder or disability. The Bot cannot and will not offer advice on issues it does not recognize. Using the Wysa App, You can track and manage Your mood, and learn context-sensitive evidence-based techniques that can help You feel better. Wysa App and Service is not intended for use in crisis such as abuse or complex or severe mental health conditions that causes for example; ideation of suicide, harm to self and others, or for any medical emergencies. Wysa App and Service cannot and will not offer medical or clinical advice. It can only suggest that the user seeks advanced (medical) help.
If Your Institution specifies a different age restriction, such as at least 18 and above, as a condition of using this Service, that restriction shall apply rather than the one above.
Wysa reserves the right to refuse access to the Service or terminate Your account if eligibility is not met, at its sole discretion. The Service is not available to any Users previously removed from the Service by Wysa.
Subject to Terms and Condition, You are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for Your personal 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 later in this agreement). Wysa may terminate this license at any time for any reason or no reason.
Creation of an Account via registration is currently not required. Wysa may, at its sole discretion, make the creation of an Account mandatory for all or certain Services in the future. Wysa will notify You about such changes if and when they occur. In such an event, the following terms shall apply.
You may be required to create an account with Wysa to avail certain Services with a username and password or Access Codes (“Account”). Your Account will give You access to the Services and functionality that We may establish, modify and maintain from time to time and in our sole discretion.
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, unauthorised access to Your chats or other data, 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.
You may control Your user Account profile and how You interact with the Service by changing the Settings in the Mobile Software. You consent to Our using Your profile to send You Service-related email notices, including any notices required by law, in lieu of communication by postal mail.
Wysa Well-being Coach Service Or Wysa Therapist Service
When You use the “Wysa Well-being Coach Service” or “Wysa Therapist Service” provided to You on the Wysa App, the following Terms and condition apply:
- Wysa Well-being Coach Service and Wysa Therapist Service is a Premium Service provided by the Wysa App;
- You have chosen to utilize the Services of a Wysa Well-being Coach or Wysa Therapist engaged by the Wysa App by choosing and subscribing to an offered subscription, plan or bootcamp;
- Please do not share Your Personal data (such as full name, date of birth, gender, contact numbers, address, financial identifiers, government-provided identifiers) or Your medical-related data or any other sensitive data (such as Your sexual preferences, religious or political opinions, financial data) when You use the Wysa Well-being Coach Services or Wysa Therapist Services.
- You can access the Wysa Well-being Coach Service and Wysa Therapist Service by providing a non-personally identifiable nickname, or User name. You have responsibility for the conduct, postings and transmissions that are made under Your User name;
- The Wysa Well-being Coach Service or Wysa Therapist Service is provided by highly trained and qualified mental well-being professionals. By using the Well-being Coach Service or Wysa Therapist Service You understand and agree that the Coach assigned to work with You will be located remotely and may not be located in Your country or state of residence. Wysa Well-being Coaches and Wysa Therapists are fully qualified and licensed in their geographies. However, please be aware that they may not be licensed to practice in Your state, country or geography;
- The Wysa Well-being Coach Service will use text-based messaging to apply motivational interviewing and life coaching to help You work towards Your personal well-being goals. The Service will focus on building wellness and emotional resilience. The underlying principle of the Well-being Coach Service is that You have the knowledge and capacity to make desired changes in Your life. The role that a Well-being Coach will play is to support You in finding Your own way, help You tap into Your own strengths and abilities, so that You can identify and use resources around You to fill any gaps;
- The Wysa Therapist Service is also a text-based messaging service. It will use person-centered supportive listening, motivational interviewing and CBT principles to help You to take control of Your mental and emotional well-being. Wysa Therapists will draw on various evidence-based techniques to provide empathetic and non-judgmental support. The Wysa Therapist will listen to Your worries empathetically, promote positivity and support You in making successful lifestyle changes, so that You can manage Your situation better and build emotional resilience;
- The Wysa App allows You to connect and have text-message based scheduled sessions with a Wysa Well-being Coach or Wysa Therapist. You understand and agree that the Services offered are solely for the purpose of listening to You, supporting You in achieving Your defined goals and pointing You to the right Wysa App tools;
- You understand and agree that Wysa Well-being Coach Service or Wysa Therapist Service is not a substitute for face to face psychotherapy, and/or does not provide a diagnosis, prognosis, treatment or a cure for a disease/condition/disorder or disability, and/or does not provide any type of state-regulated mental health services in Your country of residence;
- The Wysa Well-being Coaches and Wysa Therapists do not provide any medical, psychiatric, or other professional health care advice. They are not intended to be used to assess health conditions or substitute for professional medical advice, or relied upon for diagnosis or treatment. Use of Wysa Well-being Coach Services or Wysa Therapist Services does not create or constitute a physician-patient relationship with any Wysa Well-being Coach or Wysa Therapist, or anyone acting on behalf of Wysa App or Touchkin;
- Wysa Well-being Coach Service or Wysa Therapist Service is not a crisis or emergency Service. If at any time You experience an emergency, medical or otherwise, please immediately reach out to the emergency contact in Your local area of residence;
- The Wysa App will assign a Wysa Well-being Coach or Wysa Therapist to You when You subscribe to the Service or when you schedule Your first session;
- You will also be able to switch your Wysa Well-being Coach or Wysa Therapist at any time after Your first session by writing to Wysa at firstname.lastname@example.org or email@example.com.;
- Sessions are scheduled at the mutual convenience of the User and the Wysa Well-being Coach or Wysa Therapist;
- You are responsible to schedule a session with Your assigned Wysa Well-being Coach or Wysa Therapist for real-time messaging;
- Aside from a scheduled session, You can send unlimited messages and chats and the Wysa Well-being Coach or Wysa Therapist will try to respond within 24 hours. Messaging will be only by text-based chat and only through the Wysa App. You agree to not collect contact details or any other personal information, or contact Your Wysa Well-being Coach or Wysa Therapist outside of the Wysa App;
- You can cancel or reschedule a scheduled session anytime before 3 hrs to the start of the scheduled session. No cancellation or rescheduling will be allowed within 3 hrs or after a session begins;
- Your private chats with a Wysa Well-being Coach or Wysa Therapist are available anytime for Your reference within the Wysa App. You will be able to access your conversations and session summaries with the Wysa Well-being Coach or Wysa Therapist even after your subscription ends. You can always initiate the deletion of this data via the “Reset my data” option in the Wysa App settings at any time;
- It is the intention of Your Wysa Well-being Coach or Wysa Therapist to provide Services that will assist You in reaching Your goals. Based upon the Information that You provide and the specifics of Your situation, Your Wysa Well-being Coach or Wysa Therapist will provide recommendations to You. Users, and Wysa Well-being Coach or Wysa Therapist are partners in the supportive process. You have the right to agree or disagree with Your Well-being Coach or Wysa Therapist recommendations;
- You agree to cordial messaging etiquette with Your Wysa Well-being Coach or Wysa Therapist and to post messages in accordance with the User Content section within this agreement;
- The Wysa App serves as a “connector” for You to access online Wysa Well-being Coaches or Wysa Therapists. You agree that You are using the Services in your best judgement, and Touchkin will not make any representation or warranty as to (a) the accuracy or availability of the Wysa App, (b) the willingness or ability of the Wysa Well-being Coach or Wysa Therapist to listen, (c) the willingness or ability of any Wysa Well-being Coach or Wysa Therapist to give advice, (d) whether You or anyone else shall find a Wysa Well-being Coach Service or Wysa Therapist Service helpful, useful or satisfactory, (e) whether You or anyone else shall find a Wysa Well-being Coach or Wysa Therapist advice relevant, useful, accurate or satisfactory, (f) whether the advice of the Wysa Well-being Coach or Wysa Therapist will be relevant to the User’s question, or (h) whether the Wysa Well-being Coach or Wysa Therapist advice will otherwise be suitable to Your or anyone else’s needs;
- Touchkin performs a reference and background check of all Wysa Well-being Coaches and Wysa Therapists. You can view all Our Wysa Well-being Coach or Wysa Therapist profiles in the Coach or Therapist tab of the Wysa App;
- You understand and agree that, although a Wysa Well-being Coach or Wysa Therapist may have been accessed through the Wysa App, Touchkin cannot predict or assess the competence of, or appropriateness for Your needs, of the Wysa Well-being Coach or Wysa Therapist. You also acknowledge and agree that You take full responsibility for the decision to access a Wysa Well-being Coach or Wysa Therapist;
- The monthly fee for the Wysa Well-being Coach Service or Wysa Therapist Service shall be as mentioned on the Wysa App and indicated to You at the time of purchase (“Fees”). Touchkin may at its discretion revise the Fees. Any changes to the Fees will be effective only upon your approval through the Mobile Software. Touchkin reserves the right to discontinue the Wysa Well-being Coach Service or Wysa Therapist Service upon non-payment of Fees by You. Fees are payable through purchase through Google Play and Apple iTunes, or other payment mechanisms as Touchkin may introduce in its sole discretion from time to time, prior to the time the Services are rendered;
- Because Wysa Well-being Coach Service or Wysa Therapist Service is not a medical treatment, typically insurance will not cover the cost. Some employers may cover some of the cost of the Wysa Well-being Coach Service or Wysa Therapist Service either directly or through reimbursement. It is Your responsibility to pay for the Service and get reimbursed by Your employer if that is the case;
- Your Subscription will be automatically renewed until Your subscription is cancelled. It is solely Your responsibility to cancel, which can be done at any time from Google Play and Apple iTunes;
- 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 Wysa Well-being Coach Services or Wysa Therapist Service as little or as much as You like, but You shall pay for the month regardless of how much You choose to use the Services;
- It is Your 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 Wysa App may offer in-app promotions from time to time such as free trials, discounts or upgrades to a plan or bootcamp for a limited time period. You understand and agree that such promotions may be available only once and cannot be extended or be transferable across multiple Users, plans and bootcamp;
- Touchkin reserves the right to modify or discontinue, temporarily or permanently, any Service in or on the Wysa App, 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 or injury 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 Touchkin, Touchkin 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 an event, You are required to contact Us for such requests. You will need to send an email request with reasons from Your Google or Apple email ID to firstname.lastname@example.org or email@example.com. 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 sub-processors. Touchkin does not guarantee that the Wysa App 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 Wysa Well-being Coach Services or Wysa Therapist Service 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 with reasons from Your Google or Apple email ID to firstname.lastname@example.org or email@example.com. Touchkin will address any such request on a case by case basis;
- TOUCHKIN OR WYSA WELL-BEING COACH OR WYSA THERAPIST MAY DISCLOSE YOUR DATA IF TOUCHKIN REASONABLY BELIEVES THAT DISCLOSURE 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;
- You understand that the use of technology is not always secure and You accept the technology risks during use of Your mobile device. You will follow good security practices during digital use including but not limited to setting a PIN to protect access, not sharing this with anyone, and not leaving your phone or chats unlocked for others to see. You understand and agree that safe use is Your responsibility, and Touchkin will not be responsible in any event arising out of unauthorized access to Your chats or other data;
- In order to honor and protect the Wysa Well-being Coach or Wysa Therapist intellectual properties, You expressly agree not to disclose or communicate any proprietary Information about the Wysa Well-being Coach or Wysa Therapist practice, materials, or methods to any third parties. The obligations under this Clause survive the termination of the Wysa Well-being Coach Services or Wysa Therapist Service or Your relationship with Wysa;
- The Wysa App or Wysa Well-being Coaches or or Wysa Therapists may provide links to external resources or other content in third party websites. 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. You acknowledge and agree 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. You warrant and agree that Touchkin will not be responsible or liable, directly or indirectly, for any damage or loss or injury 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 You, the User, to, at a minimum, be aware of and to review the terms of service and 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 Wysa Well-being Coach or Wysa Therapist, 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 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 Wysa Well-being Coach or Wysa Therapist, 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, injury 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 Wysa App and/or the Wysa Well-being coaches or Wysa Therapists 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 Wysa Well-being Coach Service or Wysa Therapist Service is provided on an "as is" and "as available" basis. You understand and agree that the use of the Wysa Well-being Coach Service or Wysa Therapist Service is based on Your own best judgment and at Your own risk. To the maximum extent permitted by applicable law, the Wysa Well-being Coach Service or Wysa Therapist Service is provided without warranties of any kind, whether express or implied.
Google Play: https://support.google.com/googleplay/answer/7018481
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) disclosing, 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 Agreement, or for no reason. Upon termination for any reason or no reason, You continue to be bound by the Agreement. You are responsible for all the mobile data usage resulting from the use of the 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 may, either now or later, 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, Institution 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, solicit Service letters or certificates, 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, share, 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 in spite of Our best efforts 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 or injury or losses 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. All data including User Content if any is anonymized before use for research purposes. This research looks at how different activities on Mobile Software (Wysa Well-being Coach or Wysa Therapist 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 Agreement for the purpose of this research. Research and outcomes are key to helping Users make real change and progress in their lives, and we are grateful for 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 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 data and maintain security measures as required under applicable laws in India and globally to ensure its authorized use. However, we cannot guarantee that unauthorized third parties will never be able to defeat Our security measures or use Your Personal data for improper purposes. You acknowledge that You provide Your Personal data 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 Condition 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 fee. Premium Services shall be considered as a part of Services for the purpose of the Agreement. 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 until subscription is cancelled 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 GENERALLY 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 or injury or losses 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, injury, 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, PIN, 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 OR INJURY 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 WYSA WELL-BEING COACH SERVICE OR WYSA THERAPIST 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 WYSA WELL-BEING COACH SERVICE OR WYSA THERAPIST 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. You understand and agree that, while Services meet all applicable laws in India, the Service may not meet licensing or other regulatory requirements in other locations. You agree that those who access or use the Service from other jurisdictions will 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 Bengaluru, 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 Bengaluru, Karnataka, India. 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 Bengaluru, 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 Agreement 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.
Wysa may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to You via email notice, written or hard copy notice, or through posting of such notice on Our website, as determined by Wysa in Our sole discretion. Wysa reserves the right to determine the form and means of providing notifications to Our Users, provided that You may opt out of certain means of notification as described in this Agreement. Wysa is not responsible for any automatic filtering You or Your network provider may apply to email notifications we send to the email address you provide us. Wysa may, in its sole discretion, modify or update this Agreement from time to time, and so You should review this page periodically. When We change the Agreement in a material manner, We will update the 'last modified' date at the top of this page. Your continued use of the Service after any such change constitutes Your acceptance of the new Terms and Condition. If You do not agree to any of these terms or any future Terms and Condition, do not use or access (or continue to access) the Service.
This Agreement and Terms and Condition, 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 email@example.com or by writing to:
Touchkin eServices Private Limited
Attn: Wysa Agreement
1st Floor, Manjusha, No 532
16th Cross, 2nd Main Road, 2nd Stage
Indiranagar, Bengaluru, 560038
Karnataka - INDIA