Effective Date: Apr 19, 2021
In order to use the Services, you must first agree to these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will also refer to that organization, wherever possible.
BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE SERVICES.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you may access. You may not use content from our Services unless you have obtained permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos from our Services without written consent from jumpingMinds. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services may display some content that does not belong to jumpingMinds. This content is the sole responsibility of the individual who makes it available. We may review content to determine whether it is illegal or violates any of our policies, and we will remove or refuse to display content that we believe violates our policies or the law. We do not necessarily review all content and you should not assume that we do.
In connection with your use of our Services, we may send you announcements, administrative messages, and other information. You may opt out of some of these communications. Do not use our Services in a way that distracts you and prevents or diminishes your ability to obey traffic and safety laws.
You acknowledge and agree that the Services constitute, primarily, a personalized listening and self-help system designed to help you improve your own mental health and well-being and to address anxiety issues, and that if you choose to utilize the Services you are solely responsible for deciding which of the suggested techniques you put into practice and how to apply those techniques. As such, you acknowledge that jumpingMinds is not a healthcare provider, and does not provide you with any medical advice.
You acknowledge and agree that Listeners are neither employees nor agents nor representatives of jumpingMinds, and jumpingMinds assumes no responsibility for any act or omission of any such Listener.
Any advice or other materials provided through the Services are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. Such advice and other materials are intended to support the relationship between you and your healthcare providers (as the case may be), and not replace it. We are not liable or responsible for any actions taken due to your having read or been told about such advice or other materials. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice or other materials and information published on or through the Services.
If you receive advice from a doctor or other qualified medical professional which conflicts with anything contained in the Services then the former should take precedence. Never disregard professional medical advice or delay in seeking it because of something you have read through these Services. If you think you may have a medical emergency, call your doctor or refer to the crisis resources shared here.
You understand and agree that, although a Listener or a professional may have been accessed through jumpingMinds, jumpingMinds cannot predict or assess the competence of, or appropriateness for your needs, of the professional or other Listener. You also acknowledge and agree that you take full responsibility for the decision to access a Listener through the Site and to continue to interact with the Listener, and that the role of jumpingMinds is strictly limited to providing access to such Listeners for your consideration.
Your relationship relating to the Listening Services is strictly with the Listener. We are not involved in any way with the actual substance of that relationship or any part of the Listening Service (whether provided through the Platform or not). Information shared between User and Listener during online chat services may be reviewed periodically by jumpingMinds to conduct quality control, address potential safety issues, and prevent misuse of our platform, if certain suspicious or potentially harmful activity is detected. We may also use aggregated data from chat transcripts to conduct research and development. In reviewing this information, jumpingMinds will maintain all applicable confidentiality/HIPAA/privacy standards.
jumpingMinds makes no representation or warranty whatsoever as to (a) the accuracy or availability of the Listening Platform or the Sites, (b) the willingness or ability of the Listener to listen, (c) the willingness or ability of any Listener to give suggestions (giving advice is professionally condemned), (d) whether the Member shall find a Listener useful or satisfactory, (e) whether the Member shall find a Listener suggestions relevant, useful, accurate or satisfactory, (f) whether the listening of the Listener will be helpful, (g) whether the suggestions of the Listener will be responsive or relevant to the Member’s question, or (h) whether the Listener’s suggestions will otherwise be suitable to the Member’s needs.
jumpingMinds does not verify the skills, degrees, qualifications, credentials or background of any Listeners. While jumpingMinds does verify the license, qualifications and credentials of Listener listening through jumpingMinds, you acknowledge that we do not guarantee such verification of the skills, degrees, qualifications, credentials, competence or background of any Listener.
jumpingMinds does not warrant the validity, accuracy, or availability of any content or suggestions provided by the peers and jumpingMinds will not be liable for any damages sustained by member due to reliance on any such information
jumpingMinds utilizes cutting-edge technology including complex algorithms and machine learning to deliver limited, interactive chat features with our Chatbot.
You understand and agree that, although a Chatbot may have been accessed through jumpingMinds, jumpingMinds cannot predict or assess the Chatbot’s competence, or appropriateness for your needs. You also acknowledge and agree that you take full responsibility for the decision to access a Chatbot through our app and to continue to interact with the Chatbot, and that the role of jumpingMinds is strictly limited to providing access to such Chatbots for your consideration.
jumpingMinds does not warrant the validity, accuracy, or availability of any content or suggestions provided by Snuggles and jumpingMinds will not be liable for any damages sustained by member due to reliance on any such information
You need a jumpingMinds account in order to use our Services. You may create your own jumpingMinds member and/or listener account. You may hold only one member and one listener account. You are responsible for any activity that happens on or through your jumpingMinds account. If you discover any unauthorized use of your jumpingMinds account, contact us at firstname.lastname@example.org.
Our Services may include downloadable software, which may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time. jumpingMinds may also stop providing Services to you, or add or create new limits to our Services at any time.
Do not use our service for emergencies. jumpingMinds peers are not trained or qualified to assist those in crisis. All crisis chats will be directed to crisis resources and terminated immediately. If you’re thinking about suicide or that you may be a danger to yourself or to others, or if you otherwise have any medical emergency, Please immediately call your doctor or refer the crisis resources shared here
We provide our Services using a reasonable level of care and skill and we hope that you enjoy using them. There are certain things that we do not promise about our Services.
Other than as expressly set out in these terms, neither jumpingMinds nor its Affiliates, Officers, Directors, Shareholders, Employees, Sub-Contractors, Representatives, or Agents make any commitments about the content within the services, the specific functions of the services, or their reliability, availability, or ability to meet your needs. We provide our services “as is”. We exclude all warranties.
When permitted by law, jumpingMinds and jumpingMinds’ Affiliates, Officers, Directors, Shareholders, Employees, Sub-Contractors, Representatives, or Agents will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of jumpingMinds and its Affiliates, Officers, Directors, Shareholders, Employees, Sub-Contractors, Representatives, or Agents for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (o, if we choose, to supplying you with the services)
In all cases, jumpingMinds and its Affiliates, Officers, Directors, Shareholders, Employees, Sub-Contractors, Representatives, or Agents, will not be liable for any loss or damage that is not reasonably foreseeable.
If you are using our Services on behalf of a business or organization, that business or organization accepts these terms. It will hold harmless and indemnify jumpingMinds and its affiliates, officers, directors, shareholders, employees, sub-contractors, representatives, and agents from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgements, litigation costs, and attorneys’ fees.
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page and email them to registered users. We’ll post notice of modified additional terms in the applicable Service. Changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should immediately discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between jumpingMinds and you. They do not create any third-party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, that doesn’t mean that we will give up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of Delhi High court, India, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Delhi, and you and jumpingMinds consent to personal jurisdiction in those courts.