Innsightful Program Terms and Conditions of Use

PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY.

Innsightful, Inc.’s End-User License Agreement (“EULA”) is a legal agreement between you and Innsightful, Inc. (“Innsightful”) relating to your participation in the Program, including any associated software components. The Program is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Program is licensed, not sold. Innsightful reserves all rights not expressly granted to you herein.  If this Program was sponsored or recommended by another organization, that organization is not a party to this EULA and bears no responsibility for the conduct of the Program.

This agreement contains warranty and liability disclaimers that may affect your legal rights. By using our Program, you agree to be bound by the terms of this EULA. This EULA represents the entire agreement between you and Innsightful, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA or Innsightful’s Privacy Policy, do not join the Program.

1. Grant of LicenseInnsightful hereby agrees to license the Program for a limited amount of time to you on a non-exclusive and non-transferable basis and in accordance with the terms of use set forth herein. You may not rent, lease, lend, sell, redistribute or sublicense the Program. You may not copy (except as permitted herein), decompile, reverse engineer, disassemble, attempt to derive source code of, modify, or create derivative works of the Program, any updates, or any part thereof (except to the extent any restriction is prohibited by law or may be permitted by the licensing terms of any open-source components included in the Program). Any attempt of the aforementioned actions is a violation of the rights of Innsightful and its licensors.
2. Service Overview.

• Innsightful Service. Innsightful provides a comprehensive and real-time Program to help college students who are dealing with stress, anxiety and depression. Innsightful offers a unique and comprehensive means to monitor and assist with students’ mental health challenges through its ground-breaking technology. Utilizing support groups, wellness coaches, apps, web pages, and other internet-based services such as Slack or Discord, the Program analyses your needs and emotions, evaluates them and provides real-time and long-term coping anxiety and stress relief exercises. Innsightful coaches provide reflective listening, motivational interviewing, and wellness coaching. Innsightful coaches are not authorized to provide services requiring professional licensure (e.g., psychotherapy or psychiatry). Innsightful does not verify that its coaches are licensed or qualified health care professionals. Your interactions with the Innsightful coaches are not intended to serve as a substitute for professional medical or mental health services. While our Service will help you communicate with an Innsightful coach, Innsightful makes no representation or warranty whatsoever as to the accuracy of the information you receive from a coach or whether you will find the coaching relevant, useful, correct, satisfactory or suitable to your needs.
• Medical or Psychiatric Emergency.  DO NOT USE OUR SERVICE FOR EMERGENCIES. IF YOU ARE EXPERIENCING A MEDICAL OR PSYCHIATRIC EMERGENCY, YOU SHOULD IMMEDIATELY CALL “911” OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM. IF THE SIGNUP IS DONE THROUGH AN INSTITUTION, YOUR INSTITUTION (SUCH AS A UNIVERSITY OR COLLEGE) MAY HAVE ITS OWN POLICIES OR EMERGENCY SERVICESS. IF YOU ARE THINKING ABOUT SUICIDE OR ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOURSELF OR OTHERS, YOU SHOULD IMMEDIATELY CALL “911” OR NOTIFY THE APPROPRIATE POLICE OR EMERGENCY MEDICAL PERSONNEL.
• No Medical or Mental Health Services.  Our Service does not provide any medical or mental health treatment, diagnosis, or other services requiring professional licensure. Innsightful is not a medical or mental health service provider or forum and does not engage in patient counseling, drug prescription, or the practice of medicine or other licensed health professions. Innsightful coaching is different than therapy provided by a licensed health care professional. The content of our Service is not and should not be considered as a substitute for individual medical or mental health services or treatment by a qualified health care professional. While our Service may provide access to general wellness-related advice and information, our Service cannot and is not intended to provide medical or mental health advice or information. While you may be connected to an Innsightful coach who is a qualified health care professional, the services provided by Innsightful coaches do not require professional licensure and are not subject to such licensure.  YOU ACKNOWLEDGE THAT SOME OF THE CONTENT THAT IS PROVIDED ON THE SITE, (INCLUDING INFORMATION PROVIDED IN DIRECT RESPONSE TO YOUR QUESTIONS OR POSTINGS) MAY BE PROVIDED BY INDIVIDUALS IN THE MEDICAL OR LICENSED MENTAL HEALTH PROFESSIONS, HOWEVER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROVISION OF SUCH INFORMATION DOES NOT CREATE A PROFESSIONAL/PATIENT RELATIONSHIP, AND DOES NOT CONSTITUTE AN OPINION, MEDICAL ADVICE OR DIAGNOSIS OR TREATMENT OF ANY PARTICULAR CONDITION, BUT IS PROVIDED TO ASSIST YOU IN MEETING THE GOALS OF COACHING. INNSIGHTFUL COACHES ARE NOT OPERATING UNDER ANY LICENSING AUTHORITY WHEN PROVIDING SERVICES AS COACHES THROUGH THE SERVICE AND ARE NOT AUTHORIZED TO PROVIDE SERVICES REQUIRING PROFESSIONAL LICENSURE, SUCH AS PSYCHOTHERAPY, THROUGH THE SERVICE. YOUR INTERACTIONS WITH THE COACHES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, OR TREATMENT.
• User’s Responsibility for Health. IT IS YOUR RESPONSIBILITY TO SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER FOR YOUR MEDICAL AND MENTAL HEALTH NEEDS. YOU SHOULD NEVER RELY ON OR MAKE HEALTH OR WELL-BEING DECISIONS BASED ON YOUR USE OF THIS SERVICE. UNDER NO CIRCUMSTANCES CAN OUR SERVICE REPLACE MEDICAL OR MENTAL HEALTH SERVICES. YOU SHOULD NOT CHANGE YOUR TREATMENT OR CARE PLAN, MEDICATION OR THERAPY BASED ON INFORMATION YOU RECEIVED THROUGH THE SERVICE. CONVERSATIONS WITH OUR COACHES ARE NOT A SUBSTITUE FOR CARE PROVIDED BY YOUR HEALTH CARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEALTH CARE PRACTITIONER REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY MODALITY OF THERAPY, MEDICATION, MEDICAL DEVICE OR OTHER TREATMENT. Never disregard, avoid, or delay obtaining medical advice from a qualified health care professional because of something you read or heard on our Service. INFORMATION PROVIDED BY OUR COACHES IS OFFERED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A RECOMMENDATION OR ENDORSEMENT OF ANY MODALITY OF THERAPY, DRUG, DEVICE OR OTHER TREATMENT OR A REPRESENTATION THAT A PARTICULAR MODALITY OF THERAPY, DRUG, DEVICE OR OTHER TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. QUESTIONS REGARDING ANY MODALITY OF THERAPY, DRUG, DEVICE OR OTHER TREATMENT SHOULD ALWAYS BE DIRECTED TO YOUR HEALTHCARE PROVIDER.  If you receive advice from a qualified healthcare provider which conflicts with anything contained in our Service, you should adhere to the advice from the qualified healthcare provider and consult them before continuing use of our Service. 

• Physician-Patient Privilege and Doctor-Patient Confidentiality. NO PATIENT OR LICENSED MEDICAL PROFESSIONAL RELATIONSHIP, PHYSICIAN-PATIENT PRIVILEGE, OR DOCTOR-PATIENT CONFIDENTIALITY IS CREATED BY USING INFORMATION AND/OR SERVICES PROVIDED BY OR THROUGH THE USE OF OUR SERVICE OR THROUGH ANY OTHER COMMUNICATIONS FROM US. However, communications on our Service are covered by our Privacy Policy.
• Service Content. To the fullest extent permitted by law, Innsightful makes no representation or warranties about the accuracy, completeness, or suitability of our Service for any purpose. Innsightful is not liable or responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through our Service or any consequences of your reliance on any advice or information received on our Service. Reliance on any information provided by Innsightful, Innsightful coaches, employees, or other visitors to our Service or affiliates of Innsightful is solely at your own risk.

3. Third Party Material and Services.By using the Program, you may encounter, or access certain goods or services provided by Innsightful and third parties. Innsightful is not responsible for any content on any third-party site or for any third-party goods and services.
4. Compliance with Rules, Applicable Laws and Export.Your use of the Program is subject to the terms and conditions of Innsightful Program, which are subject to change. You must comply with all applicable laws regarding use of the Program. You agree not to export or re-export the Program to any country in violation of the export control laws of the United States of America.
5. TerminationThis license is effective until terminated by you or Innsightful. Without prejudice to any other rights, Innsightful may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all Materials of the Program in your possession. Innsightful reserves the right to terminate this EULA for any reason and without any further notice to you.

6. Ownership; Proprietary Rights.

• Innsightful Property. The Program and associated services are owned and operated by Innsightful. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Innsightful are protected by intellectual property and other laws. All Materials included in our Service are the property of Innsightful or our third-party licensors. Except as expressly authorized by Innsightful, you may not make use of the Materials. Innsightful reserves all rights to the Materials not granted expressly in these Terms.
• Innsightful and other related graphics, logos, service marks and trade names used on or in connection with our Service are the trademarks of Innsightful and may not be used without permission in connection with any third-party products or services.  Other trademarks, service marks and trade names that may appear on or in our Service are the property of their respective owners.

7. No Warranties.Innsightful expressly disclaims any warranty for the Program. The Program is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness for a particular purpose. Innsightful does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links, or other items contained as part of the Program. Innsightful makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Innsightful further expressly disclaims any warranty or representation to you or to any third party.

8. Limitation of Liability.In no event shall Innsightful or its suppliers, including any third-party data providers, and anyone paying for your access to the Service and/or the Program, be liable to you or any other party for any accidents, property damage, personal injury, death, or any compensatory, indirect, incidental, special, or consequential damages (including, without limitation, indirect, direct, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use of or inability to use the Program and any third-party goods, services, data or content, even if Innsightful has been advised of the possibility of such damages. Innsightful shall have no liability with respect to the content of the Program or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. Some states and countries do not allow the exclusion of incidental or consequential damages, so the above limitations may not apply to you.

9. Miscellaneous.This EULA and the use of the Program shall be subject to and governed by the laws of California, excluding its conflicts of law rules. Your use of the Program may also be subject to other local, state, national, or international laws. Any disputes arising out of this EULA or the Program shall be heard by the state or federal courts within the state of California and you hereby waive any right to a trial by jury. You are responsible for any applicable charges and fees associated with any data plan fees or charges of any kind that may be required by your carrier when accessing or using the Program. No delay or failure by Innsightful to enforce any right or provision of this EULA shall be considered a waiver thereof. This EULA will bind and inure to the benefit of any permitted successors and permitted assigns of the parties. If any provision of the EULA is determined to be invalid, illegal, or unenforceable, the remaining provisions of this EULA will remain in full force, if the essential provisions of this EULA for each party remain, valid, legal, and enforceable. Innsightful reserves the right to amend this EULA or the Program at any time and without notice to you. If you do not agree to, or cannot comply with the EULA as amended, you cannot join or must stop using the Program. You will be deemed to have accepted the EULA as amended if you continue to use the Program after any amendments have been made to the EULA.