My Vital Mind Terms of Service

This Terms of Service applies to all visitors, data subject, and others who access the Service ("User(s)" or “You/r”). This page explains the terms by which You may use Our Website, App, other websites maintained by Us relating to our Apps, Your use of the mobile based or web browser based software application on My Vital Mind website (hereinafter the “My Vital Mind App” or “Mobile Software”) and Our mobile based and/or web browser based digital service, and/or Digital Well-being coach service provided via My Vital Mind App (collectively referred to as the "Service(s)”). By accessing or using the Service, You signify that You have read, understood, and agree to be bound by this terms of service ("Terms and Condition") and to the collection and use of Your Information as set forth in the Privacy Policy, and terms of any other policies of My Vital Mind as may be applicable to You whether or not You are a registered User of Our Service. This Terms and Condition, Privacy Policy and any other terms and conditions as may be applicable shall hereinafter collectively be referred to as “Agreement” or “Contract”. For further Information regarding the use of Your data by My Vital Mind, please read Our Privacy Policy.

Important Notice:

  • 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. For example, You can find Your country-specific suicide emergency number at: Suicide.org - Suicide Prevention, Awareness, and Support
  • 2. If You are less than 18 years of age, please read through the our Privacy Policy and the our Terms of Service with Your parent or legal guardian to understand eligibility before use. My Vital Mind is not to be used by children under 13 years.
  • 3. We do not require any personal identifiers or sensitive data hence we do not ask for it. You have the option to limit sharing of Your Personal data (such as full name, date of birth, contact numbers, address, financial identifiers, governmentprovided identifiers) or Your medical-related data or any other sensitive data (such as religious or political opinions, financial data) when You use My Vital Mind App and Services.
  • 4. Your interaction with the in app Videos 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
  • 5. The in app videos 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 of the in app videos 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.
  • 6. My Vital Mind App is largely but not exclusively based on CBT principles to help You to take control of Your mental and emotional well-being. Our worksheets draw on various evidence-based techniques to help you cultivate healthier thoughts and behaviors.
  • 7. My Vital Mind 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.
  • 8. Our services cannot and will not offer medical or clinical advice. In case You mention the need for such advice, we suggest that You seek advanced (medical) help.
  • 10. We take great pains to keep Your conversations private and secure. You can also keep Your conversations private and device secure by following the best practices outlined in the Privacy Policy.
  • 11. For safety and security reasons, We strongly recommend that You keep Your conversations with My Vital Mind App private. We strongly recommend that You set automatic update of the My Vital Mind App in the application manager settings of Your mobile device; to get the latest My Vital Mind App-based features and fixes. Always exit the My Vital Mind 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.

What is My Vital Mind App?

My Vital Mind is platform that You can interact with, through a conversational interface get access to tools and techniques to manage Your emotional wellbeing. The My Vital Mind is available for both iOS and Android mobile systems and as a web browser based system on the My Vital Mind website. Your Interaction with the in app videos is restricted in the means of response, and the intended usage of My Vital Mind 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 service, 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. Our services include tracking and managing and providing analytics for Your mood, habits & basic finances; Basic tools to manage your daily schedule, health & diet, as well as journaling tools to enter your thoughts and reflect on relationships. The app includes contextsensitive evidence-based techniques and videos to help You feel better. My Vital Mind 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. My Vital Mind App and Service cannot and will not offer medical or clinical advice. We can only suggest that the user seeks advanced (medical) help.

Who can Use the Service?

You may Use the Service only if You are a natural/legal person, agree to this Agreement and form a binding contract with My Vital Mind, and only in compliance with all applicable local, state, national, and international laws, rules and regulations. If You are between 13 and 18 years of age, please read through My Vital Mind Privacy Policy and My Vital Mind Terms of Service with Your parent or legal guardian, and in such a case the Agreement shall be deemed to be a contract between My Vital Mind and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You. Anyone under 13 is strictly prohibited from creating an account and/or Using the Service. My Vital Mind 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 My Vital Mind.

My Vital Mind License

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. My Vital Mind reserves all rights not expressly granted herein in the Service and the My Vital Mind Content (as defined later in this agreement). My Vital Mind may terminate this license at any time for any reason or no reason.

About My Vital Mind Accounts

Creation of an Account via registration is currently not required. My Vital Mind may, at its sole discretion, make the creation of an Account mandatory for all or certain Services in the future. My Vital Mind 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 My Vital Mind to avail certain Services with a username and password (“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. You are solely responsible for the activity that occurs on Your Account, and You must keep Your Account password secure. You must notify My Vital Mind immediately of any breach of security, unauthorised access to Your data, or unauthorized use of Your Account. My Vital Mind 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.

About My Vital Mind Service


When You use the services provided to You on My Vital Mind App, the following Terms and condition apply:
  • 1. My Vital Mind services include interactive vidoes, worksheets, trackers, journal and analytics tools;
  • 2. You can access the My Vital Mind 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;
  • 3. The features and services provided on My Vital Mind app apply motivational interviewing and life coaching to help You work towards Your personal well-being goals. The Service focuses on building wellness and emotional resilience. The underlying principle of My Vital Mind Service is that You have the knowledge and capacity to make desired changes in Your life. The role that My Vital Mind 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; My Vital Mind services uses CBT principles to help You to take control of Your mental and emotional well-being. The goal of our Services is to promote positivity and support You in making successful lifestyle changes, so that You can manage Your situation better and build emotional resilience;
  • 4. You understand and agree that Our 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;
  • 5. My Vital Mind services 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 My Vital Mind Services does not create or constitute a physician-patient relationship with My Vital Mind, or anyone acting on behalf of My Vital Mind App;
  • 6. My Vital Mind 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;
  • 7. It is the intention of My Vital Mind to provide Services that will assist You in reaching Your goals and provide recommendations to You. You have the right to agree or disagree with our recommendations;
  • 8. You agree that You are using the Services in your best judgement, and My Vital Mind will not make any representation or warranty as to (a) the accuracy or availability of the My Vital Mind services, (b) the usefulness of My Vital Mind services, (c) the willingness or ability of My Vital Mind services to give advice, (d) whether You or anyone else shall find My Vital Mind services helpful, useful or satisfactory, (e) whether You or anyone else shall find a My Vital Mind services useful, accurate or satisfactory, (f) whether the advice and recommendations of the My Vital Mind services will be relevant to the User’s question/ situation, or (g) whether the My Vital Mind services and advice will be suitable to Your or anyone else’s needs;
  • 9. You understand and agree that, although My Vital Mind services may have been accessed through the My Vital Mind App, we cannot predict or assess the competence of, or appropriateness for Your needs. You also acknowledge and agree that You take full responsibility for the decision to access My Vital Mind services;
  • 10. The monthly fee for the services shall be as mentioned on the My Vital Mind App and indicated to You at the time of purchase (“Fees”). Currently the use of My Vital Mind App is free. However, we may at our discretion revise the Fees. Any changes to the Fees will be effective only upon your approval through the Mobile Software. My Vital Mind reserves the right to discontinue the Services upon non-payment of Fees by You. Fees are payable through purchase through Google Play and Apple iTunes, or other payment mechanisms as may introduced at our discretion from time to time, prior to the time the Services are rendered;
  • 11. Because My Vital Mind Service is not a medical treatment, typically insurance will not cover the cost.
  • 12. 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;
  • 13. Cancelling Your subscription depends on Your payment method. Here are the two ways to cancel: Google Play: https://support.google.com/googleplay/answer/7018481 iTunes: https://support.apple.com/en-us/HT202039
  • 14. The Fees payable by the User is a fixed fee and accordingly, You can use My Vital Mind services 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;
  • 15. 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;
  • 16. The My Vital Mind App may offer in-app promotions from time to time such as free trials, discounts or upgrades to a plan 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 and plans;
  • 17. My Vital Mind services will not ask You for any Personally Identifiable Information (such as full name, email ID, phone number, address, gender and other identification including sensitive Information such as Your medical information, sexual preferences, religious or political opinions), other than Your nickname to personalize the My Vital Mind services. You also agree to not share any personally identifiable Information including sensitive Information from Your end. Any Information shared by You, shall be treated in accordance with the Privacy Policy;
  • 18. We do not collect any Personally Identifiable Information from You. At the same time, we also use this anonymized data research and statistical purposes to improve Our Product and Services and contribute to the development of user-centered best practices for mental wellbeing globally. Please refer Privacy Policy on how we handle Your data;
  • 19. We reserves the right to modify or discontinue, temporarily or permanently, any Service in or on the My Vital Mind App, with or without notice to User. User agrees that We 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 we 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 myvitalmind3@gmail.com. We will address any such request on a case by case basis;
  • 20. My Vital Mind Services depend on various factors such as software, hardware and communications networks, its contractors and subprocessors. We do not guarantee that the My Vital Mind Service will be uninterrupted or that it will be timely, secure or error-free;
  • 21. My Vital Mind, in its sole discretion and for any reason, may terminate User’s participation in My Vital Mind Services refuse any and all current or future use by Users of its platform. Upon such termination My Vital Mind 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 myvitalmind3@gmail.com. We will address any such request on a case by case basis;
  • 22. All conversations and data obtained during the course of the Service is confidential. The storage, use, security of the Information is governed by the My Vital Mind Privacy Policy and Terms and Condition;
  • 23. You agree and authorize My Vital Mind to collect and process Your data in accordance with the terms of our Privacy Policy;
  • 24. MY VITAL MIND MAY DISCLOSE YOUR DATA IF WE REASONABLY BELIEVE 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;
  • 25. 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 My Vital Mind will not be responsible in any event arising out of unauthorized access to Your chats or other data;
  • 26. You expressly agree not to disclose or communicate any proprietary Information about My Vital Mind practice, materials, or methods to any third parties. The obligations under this Clause survive the termination of Your relationship with My Vital Mind;
  • 27. 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 My Vital Mind LLP, 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 App 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;
  • 28. My Vital Mind Service is provided on an "as is" and "as available" basis. You understand and agree that the use of My Vital Mind Service is based on Your own best judgment and at Your own risk. To the maximum extent permitted by applicable law, My Vital Mind Services is provided without warranties of any kind, whether express or implied. 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. Assignment This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by My Vital Mind without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

About My Vital Mind Accounts

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.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by My Vital Mind without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Notification Procedures and Changes to the Agreement

My Vital Mind 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 My Vital Mind in Our sole discretion. My Vital Mind 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. My Vital Mind 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. My Vital Mind 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.

Entire Agreement/Severability.

This Agreement and Terms and Condition, together with any amendments, policies and any additional agreements You may enter into with My Vital Mind in connection with the Service, shall constitute the entire agreement between You and My Vital Mind 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.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and MY VITAL MIND’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 our other privacy policies or practices, please contact us at myvitalmind3@gmail.com