We also provide additional services on behalf of your Institution (“Institutional Services”). Institution could be an organisation, school, university, trust, service, hospital, clinic, research institution or other public or private organisation. Institutional Services includes but is not limited to processing eligibility, referral and anonymous clinical information on behalf of the Institution.
You must agree to the Terms of Services and Privacy Policies of both uMore and the Institution inorder to proceed with using the Institutional Service.
Where not specifically called out, use of uppercase or lowercase and bold or unbold would carry the same meaning in this document.
Initial Effective Date: Oct 19, 2023 (GMT)
Latest Revised Date: Oct 19, 2023 (GMT)
1. 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.
2. The App is not to be used by those below the age of 18, or otherwise authorised by your Institution.
4. uMore 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.
5. Please first consult a healthcare professional before using the App, if You have any medical conditions including but not limited to Pregnancy, Sleep Apnea, Restless Leg Syndrome (RLS), Seizures or Epilepsy, hallucinations or nightmares, dizziness or tremors. The App may not be right for You if You are having eating disorders, having psychosis, someone with suicidal ideation or having moderate to severe self-harm tendencies.
7. For safety and security reasons, We strongly recommend that You keep Your content in the uMore App private. We strongly recommend that You set automatic updates of the uMore App in the application manager settings of Your mobile device; to get the latest uMore App-based features and fixes. Always exit the uMore 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.
8. The App and its services cannot and should not be used by a third-party for Independent Research and Clinical Studies without the explicit permission of uMore.
Changes in v1.3.0 | October 19, 2023
Changes in v1.2.0 | December 22, 2022
Limits to Intended use
The web-widget Service is limited in its features and you will be asked to download the mobile-version of the app to enable access to the full App features and Services.
Who can Use the Service?
You may use the App and services if you are a natural/legal person and authorised to use by your Institution.
Where applicable, your Institution may seek your and your parental or guardian consent before directing you to use the App.
We do not process any information about criminal convictions and offences. You should also not provide us with any such information during your use of our App and Services.
uMore 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 uMore.
Subject to this Agreement, You are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the App and Service for Your personal use only and as permitted by the features of the Service. uMore reserves all rights not expressly granted herein in the App, and the Service by uMore Content (as defined later in this Agreement). uMore has the right to terminate this license at any time for any reason or for no reason.
What are the Service Rules?
You agree not to engage in any of the following prohibited activities:
About User Content
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 or 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 Us, authorised Institutions or other authorised persons (in accordance with your settings and this Agreement) to view, edit, and/or share Your User Content. uMore 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:
Copyrights and Intellectual Property Rights
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. uMore reserves the right, but is not obligated, to reject and/or remove any User Content that uMore 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 order to honor and protect the uMore intellectual properties, You expressly agree not to disclose or communicate any proprietary Information about the uMore practice, materials, or methods to any third parties. The obligations under this Clause survive the termination of the uMore Service or Your relationship with uMore;
In connection with your User Content, You affirm, represent and warrant the following:
User Content License Grant
Use of User Content
uMore 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 impact mental well-being measures. uMore 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.
About Mobile Software
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. uMore does not warrant that the Mobile Software will be compatible with Your mobile device. uMore hereby grants You a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one uMore 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, conduct independent clinical or research studies without explicit permissions or provide 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 uMore 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 uMore 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. uMore reserves all rights not expressly granted under this Agreement.
The Mobile Software originates in USA, and is subject to USA 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 USA. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all USA and foreign laws related to use of the Mobile Software and the uMore 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 "uMore Content"), and all Intellectual Property Rights related thereto, are the exclusive property of uMore 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 uMore Content. Use of uMore 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 uMore 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, uMore does not waive any rights to use similar or related ideas previously known to uMore, or developed by its employees, or obtained from sources other than You.
No Professional Advice
If the Service provides any Information which includes uMore Content, medical or legal information among others) 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.
Data Sharing with Clincians and HIPAA Compliance
Data Sharing with Clinicians:
By using the uMore service, users acknowledge and consent to the sharing of their personal health and activity data, including but not limited to daily mood check-ins, psychometric assessments, Google Fit and Apple Health integration data, and clinician-set homework exercises, with the clinician who invited them to the service. Users understand that the primary purpose of this data sharing is to assist their clinician in monitoring their mental health progress and providing better care.
uMore is fully committed to protecting the privacy and security of users' health information. As a service that connects clinicians with their patients, uMore is compliant with the Health Insurance Portability and Accountability Act (HIPAA). We have implemented technical, administrative, and physical safeguards designed to protect the health information we collect and manage. Users can rest assured that their data is handled with the utmost care and in accordance with applicable laws and regulations.
By using the uMore app's telehealth services, users acknowledge that the app is HIPAA-compliant, ensuring that any telehealth sessions, notes, invoicing, billing, and insurance claim form submissions related to the sessions are protected and processed in accordance with HIPAA standards. The platform’s ability to be reimbursable and potentially increase revenues for clinicians does not affect the level of privacy and data protection afforded to the user.
User Communications with Healthcare Providers on uMore
Scope of Responsibility:
uMore facilitates communication between users and their healthcare providers by providing a platform for telehealth services, data sharing, and other relevant functionalities. While we take great pride in ensuring that our platform functions efficiently, it is essential to clarify that uMore is merely a tool for communication and data sharing.
Autonomy in Communications: The content, nature, and frequency of communication between the user and their healthcare provider via uMore are solely determined by the parties involved. uMore does not influence, control, or moderate these communications in any manner.
Disclaimer of Liability: uMore is not responsible for any misunderstandings, misinterpretations, or any other issues that may arise from communications made between users and their healthcare providers through our platform. The responsibility for ensuring clear, accurate, and effective communication rests entirely with the user and their healthcare provider.
Medical Decisions: Any medical or therapeutic decisions, advice, or treatments proposed, discussed, or carried out as a result of communications on uMore are the sole responsibility of the healthcare provider and the user. uMore does not play a role in, nor are we responsible for, these medical determinations or their outcomes.
Users are encouraged to communicate openly with their healthcare providers and to seek clarification on any matter they find unclear or concerning. If users have any technical issues with the platform, they can reach out to uMore's support for assistance.
About Privacy, Security, Third-Party Links and Monitoring
Subject to the Agreement, 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 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 Delaware. It is hereby clarified that uMore has a right to but not an obligation to monitor the content on the Website and the Mobile Software. Accordingly, uMore 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.
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.
uMore, in its sole discretion and for any reason, reserves the right to modify or discontinue or terminate, temporarily or permanently, any service in or on the uMore App, with or without notice to User. User agrees that uMore 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. For non-institution users or direct users of the App, if service is temporarily or permanently discontinued by uMore, uMore 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 App Store (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 email@example.com. uMore will address any such request on a case by case basis;
Indemnity and Warranty
You agree to defend, indemnify and hold harmless uMore and its subsidiaries, employees, officers and directors, 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.
You are solely responsible for Your interactions with other uMore Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. uMore shall have no liability for Your interactions with other Users, or for any User's action or inaction.
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 uMore or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, uMore, 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.
uMore does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the uMore Service or any hyperlinked website or Service, and uMore 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 uMore, 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 uMore 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, uMore 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. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of uMore (including its affiliates, agents, directors, employees, suppliers, or licensors) under such circumstance for liabilities that otherwise would have been limited, shall not exceed the greater of USD 100 or the total amount of fees paid to uMore by such person for or in connection with the Services in the twelve (12) month period preceding this applicable claim.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if uMore 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 the UAE and USA. You understand and agree that, while Services meet all applicable laws in UAE and USA, 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 USA-based 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, UAE. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in USA.
Governing Law and Dispute Resolution
The App is controlled by uMore from its offices in the United States and United Arab Emirates. You agree that: (i) Access to, or use of, the App and Services and any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which You are accessing the App and Service. We make no representation that the information contained herein is appropriate or available for use in other locations. (ii) The Courts in Delaware shall have the exclusive jurisdiction in respect of any matter, claim or dispute arising out of or in any way relating to this Agreement between the Parties. This Agreement shall be governed by the internal substantive laws of the United States, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the courts located in Lewes, Delaware 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. Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe a breach of this Agreement has originated.
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 uMore without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to the Agreement
uMore 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 uMore in Our sole discretion. uMore 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. uMore 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. uMore 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. If You do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.
This Agreement, together with any amendments, policies and any additional agreements You may enter into with uMore in connection with the Service, shall constitute the entire agreement between You and uMore 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 uMore's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Who can You contact for additional questions, comments or concerns?
If you have any questions, comments, or concerns about this Agreement or practices, please contact us at firstname.lastname@example.org
16192 Coastal Highway