MyOutcomes® Mobile - Terms Of Service

Definitions

MyOutcomes Mobile. The term “MyOutcomes Mobile”, shall mean MyOutcomes’s proprietary mobile application, that can be downloaded and/or purchased through Google Play or Apple iStore (including all design, technical applications, algorithms, software code, videos, copyrights, trademarks, any written materials, user guides, orientation materials, etc. and all other intellectual property contained therein) which provides an application for clients of behavioral health care providers to record outcomes measures related to their progress in therapy treatment and their alliances with their provider.

Subscriber shall mean any individual who has paid for a subscription or been designated as a user. Only subscribers may access the MyOutcomes Mobile app. Use of MyOutcomes Mobile constitutes an acceptance of the Terms of Service of the MyOutcomes Mobile Subscription Agreement.

These Terms of Service ("Terms", "Terms and Conditions", "Agreement") are an agreement between MyOutcomes For Mental Well Being Inc. (“MyOutcomes”) and you ("User", "subscriber"). This Agreement sets forth the general terms and conditions of your use of the MyOutcomes Mobile application and any of its products or services (collectively, "Mobile Application" or "Services").

Accounts and membership

If you download the app and create an account in the Mobile Application, you are responsible for maintaining the security of your account and mobile device and you are fully responsible for all activities that occur under the account with your mobile device and any other actions taken in connection with it. . It is mandatory, as a subscriber, that you set a password to access your mobile device. Please do not share this password with anyone.

We may monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your subscription. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, deactivate or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Mobile application. We may block your email address and Internet protocol address to prevent further registration.

Subscriber will ensure that the MyOutcomes Mobile log in and password information is maintained confidentially and not disclosed beyond the personnel to whom that information is assigned and their supervisor (s).

Links to other mobile applications

MyOutcomes Mobile Application does not link to any other mobile applications.

It is designed to function as a stand-alone product. Mobile Application subscribers do not have login access to MyOutcomes web-based applications.

Backups

We do save the contents residing in the Mobile Application in our MyOutcomes database. If you are a paid subscriber, on some occasions and in certain circumstances, for a fee, we may be able to restore your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. If you are a free subscriber, we make no guarantee that the data you need will be available after your free trial has expired.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or the mobile application for violating any of the prohibited uses.

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by MyOutcomes For Mental Well Being Inc. or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with MyOutcomes For Mental Well Being Inc. Functionality, appearance, software code and algorithms, training videos, printed materials, copyrights and trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of MyOutcomes For Mental Well Being Inc.

Subscriber acknowledges that all rights, titles and interest in and to MyOutcomes For Mental Well Being Inc, including without limitation all copyright, patent, trade secret, trademarks and other intellectual property rights, and all data aggregation and other information derived from Protected Health Information contained in MyOutcomes in accordance with the Health Insurance Portability and Accountability Acts of 1996 (“HIPPA”) and regulations thereunder at 45 C.F.R. § 164.514 and is no longer individually identifiable health information subject to the US Standards for Privacy of Individually Identifiable Health Information (the “Privacy Rule”) (as defined in HIPPA and in 45 C.F.R. Parts 160 & 164), is owned solely and exclusively by MyOutcomes. Subscriber shall not copy, duplicate or modify MyOutcomes Mobile application, or decompile, disassemble or otherwise reverse engineer MyOutcomes Mobile, or transfer, assign, sell or otherwise convey MyOutcomes Mobile, or in any way access or use MyOutcomes Mobile except as expressly permitted herein

No warranty, Limitation of liability and Indemnification

MyOutcomes Mobile is provided “As is.” MyOutcomes Mobile does not make and expressly disclaims all warranties relating to MyOutcomes Mobile, its use, operation and performance, explicit and implied, oral and written, including without limitation the implied warranties of merchantability and fitness for a particular purpose.

In no event will MyOutcomes For Mental Well Being Inc., its members, directors, officers or affiliates, have any liability or obligation to subscriber for any direct damages in excess of the total amount paid by subscriber as annual subscription fees for the two months preceding the event giving rise to the damages, and in no event will MyOutcomes For Mental Well Being Inc. have any liability or obligation to subscriber for any indirect, consequential, incidental, exemplary, special or punitive damages, whether in contract or tort or otherwise, related to or arising out of MyOutcomes Mobile, its use, operation and performance, or the provisions or applications of this Agreement.

Except as set forth in Section Term and Termination, subscriber shall indemnify and hold MyOutcomes For Mental Well Being Inc. harmless from any liability or obligation to subscriber or clients, related to or arising out of MyOutcomes Mobile, its use, operation and performance, or the provisions or applications of this Agreement.

No assignment for subscriber

MyOutcomes may assign or transfer this Agreement and its rights and obligations herein to any of its affiliates, members or other third parties, with notice thereof to subscriber. Subscriber may not assign or otherwise transfer this Agreement or any of its rights and obligations hereunder except with prior written consent of MyOutcomes, not to be unreasonably withheld.

Term and Termination

The term of this Agreement is for one year from the date of payment of subscription. Either party may terminate this Agreement by written notice of termination to the other, in the event of the other party’s breach of any provision herein, or default in performance of any obligation herein, which breach or default such party does not cure within thirty (30) days of written notice to cure. Upon any termination by MyOutcomes for breach or default of subscriber, no refund will be made for the remaining active period of subscription. Upon any termination by either party, subscriber shall discontinue its use of MyOutcomes Mobile prior to or on the effective date of termination. The provisions of the above sections shall survive termination of MyOutcomes. The term will automatically be renewed at the conclusion of the effective date of the subscription for an additional 12 months term unless terminated by either party by giving written notice to the other party at least thirty (30) days, prior to the end of the then-current term.

Fees

The subscription is annual, must be paid in advance and is non-refundable.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of British Columbia[SR1] , Canada without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in British Columbia, Canada, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will post a notification in our Mobile Application. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to support@myoutcomes.com.

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