TrusTalk Health™ Terms of Service

Initial Effective Date: October 1, 2024 (GMT)
Version: 0.5.0

These Terms of Service (“Agreement”) apply to your use of our website or web pages (trustalkhealth.com), web-based or mobile-based software (“app”), and services provided by TrusTalk Health™ (“TrusTalk Health,” “we,” “us,” or “our”). By using our website, web pages, app, and services, you agree to follow these terms and any other related terms of use. If you use the TrusTalk+ service, then the TrusTalk+ Terms of Use will also apply to you.

You may try out one or more services made available to you. These include:

• A text or voice-based digital coach powered by an Artificial Intelligence chatbot (“AI Coach”).

• Clinically verified tools delivered over text or voice (“Digital Tools”).

• Text or audio-video chats with a human mental health and well-being expert (“TrusTalk Coach”).

• Text or audio-video chats with a Chronic Care Management professional (“TrusTalk Medical Assistant”).

• Use our Digital Front Door and get access to different Institutional services (“e-triage”).

• Use the AI Coach powered by Generative AI (“TrusTalk+”).

We will work with your public institution, healthcare institution, educational institution, or other organization to offer our services. These are called Institutional Services. Before you can use these services, you will need to agree to our terms and the terms of your Institution.

These Terms of Service and other related terms of use provided are a legal agreement between you and TrusTalk Health™. TrusTalk Health™ is a company registered in The Netherlands.

Important Information for Using the App and Services

• Emergency Situations: If you are feeling really upset, thinking about hurting yourself or others, or have a big health emergency, stop using the app right away. Call your local emergency service or inform a parent or guardian so they can get you help. In such cases, your Institution may or may not require us to send alerts containing information that helps them identify you to take necessary steps to support you.

• Language Availability: Currently, the app is available in English and select languages relevant to The Netherlands and other regions as specified by your Institution.

• Age Requirements: You should be the right age to use the app. Your Institution may set specific age limits. Providing false information about your age is not permitted, and TrusTalk Health™ is not responsible for misuse in such cases.

• Personal Data: We do not ask for your personal data unless it is needed for your Institution. We only collect the data necessary to help you. Read our Privacy Policy and related policies to understand how we use your data.

• AI Coach Limitations: The AI Coach is an AI-powered software, not a real person. It can only help in restricted ways and does not offer medical or clinical advice. It will suggest seeking medical help if needed.

• Human Coaches and Medical Assistants: If you interact with a human mental health and well-being professional through the app, they are assigned by TrusTalk Health™ to provide TrusTalk Coach or TrusTalk Medical Assistant services.

• Service Usage: You can only talk and video chat with a TrusTalk Coach or TrusTalk Medical Assistant when permitted. If you do not see this option in your app, it means you cannot use it.

• Non-Replacement of Medical Services: TrusTalk Coaches and Medical Assistants are not meant to replace face-to-face visits to a doctor or psychiatrist. They do not provide diagnoses, treatments, or cures for diseases or conditions. They are here to support and help you, not to treat illnesses.

• General Mental Health Support: The app can help with general mental health but not with serious health issues like severe mental health conditions or long-term illnesses. If you have health problems, consult with your local clinician before using the app.

• Voice-Based Services: When using voice-based services of our AI Coach, the intended purpose is to provide support to manage your mental well-being. The voice-based service is not intended for emergency purposes.

• Privacy and Security: Keep your conversations private and follow safety rules to secure your data. Keep the app up-to-date to access the latest features and always exit the app properly before updating.

• Research and Studies: You cannot use the app for research or studies unless TrusTalk Health™ gives permission.

About Our App and Services

With the TrusTalk Health™ app, you can chat with an artificial intelligence (AI) coach to access tools and techniques that help manage your emotions and support your mental and behavioral health and well-being. The app is available on iOS, Android, and over the web.

Using the AI Coach

• Non-Human Interaction: The AI Coach is an artificial intelligence system, not a human.

• Evidence-Based Tools: The app provides evidence-based tools to help you feel better and manage your mood.

• User Autonomy: You decide if you want to use the AI Coach based on your needs.

• Support Goals: The AI Coach helps you become mentally strong, manage your feelings, adapt, and handle stress better.

• Limitations: The AI Coach cannot give advice on things it does not understand.

Using the TrusTalk Coach

• Professional Support: The TrusTalk Coach is a mental health and well-being professional.

• Proven Methods: Coaches use proven methods and tools to train you to be mentally resilient.

• Consent and Permissions: You may need to give consent and permissions to use the service, including providing details of a person to contact in an emergency.

• Parental Consent for Minors: If you are between 13 and 18 years old, you need permission from your parents or guardian. They may need to email us at trus@trustalk.org.

• Group Well-Being Sessions: Where decided by us or your Institution, the TrusTalk Coach conducts online group well-being sessions.

Using the Digital Front Door (e-triage) Service

• Institutional Support: This service is provided by your Institution to help guide you and your family to the right care and support based on your responses to set questions.

Using the TrusTalk+ Service

• Enhanced AI Coach: TrusTalk+ provides an improved experience of the AI Coach service with high-quality, safe, and clinically-approved content.

• Generative AI: Uses third-party Generative AI and our own AI to chat with you, offering varied and personalized conversations.

• Language Support: Allows chatting in native English and specific languages as provided.

• Content Safety: Every piece of content generated by the AI passes through safety and quality checks reviewed by our clinical staff to ensure it is safe, private, high-quality, and effective.

Using the Chronic Care Management Service

• Medical Assistance: Offered through our Medical Assistants, who are allied health professionals trained to provide Chronic Care Management in a remote setting.

• Support Goals: Helps you adapt to living healthier lives by discovering personal strengths and motivations, and enabling adherence to medication and appointments.

• Monthly Touchpoints: Medical Assistants have monthly touchpoints with you to assist in actively working towards better health and well-being.

• Non-Prescriptive: Medical Assistants do not prescribe medicines or dosages.

Privacy and Data Handling

Please read our Privacy Policy and related policies to understand how we protect and handle your data. Also, read the TrusTalk+ Privacy Policy to learn how we use your information when you use the TrusTalk+ services.

Limits to What the App Can Do

• Not a Replacement for Therapy: The app is not a replacement for face-to-face therapy.

• No Diagnoses or Treatments: It cannot diagnose, treat, monitor, or cure any diseases or conditions.

• No Medical Advice: It cannot offer medical or clinical advice—only suggests seeking professional help.

• Not Suitable for Serious Conditions: The app is not suitable for complex medical conditions or severe mental health issues such as eating disorders, psychosis, or crisis support like suicidal thoughts.

Who Can Use Our App

• Age Requirements: The app is intended for anyone older than 13 years or as specified by your Institution. If you are a child, please ask your parent or guardian to read this policy and the terms of service with you. This agreement will then be considered a contract between TrusTalk Health™, you, and your parent or guardian.

• Parental Consent: Your parent or guardian may be required to provide consent by writing to us at trus@trustalk.org.

• Honest Information: We do not handle any information about crimes or offenses. Please do not share such information when using our app and services. TrusTalk Health™ is not responsible if someone lies about their age to use the app and services.

• Service Eligibility: TrusTalk Health™ can refuse access to the service or close your account if you are not eligible, at our discretion. The service is not available to users who have been removed by TrusTalk Health™ before.

• Institutional Versions: Places like public Institutions, educational Institutions, healthcare Institutions, and other groups (“Institution(s)”) might ask you to use the app. These Institutions may add their own extra features in the app and service (“Institution Version”). Where provided by your Institution, you will adhere to the age criteria and rules set by your Institution. If needed, your Institution might ask you and your parents or guardian for permission before letting you use the app. The app might have links to other websites or content not controlled by the Institution or TrusTalk Health™. Always check the terms of service and privacy practices of these third-party websites before using them. You can use the app only if you are allowed by the Institution and you follow their instructions on how to install and access it.

License

By using this Agreement, you have permission to use the app and service. This permission is non-exclusive (others can use it too) and non-transferable (you cannot give it to someone else). You can only use the app and service for yourself and according to its features. TrusTalk Health™ still owns all other rights to the app, service, and TrusTalk Content. TrusTalk Health™ can take away your permission to use the app and service anytime, with or without a reason.

TrusTalk Health™ Account

TrusTalk Health™ might make it necessary to create an account for certain services. If that happens, here is what you need to know:

• Setting Up: You might need to make an account with a username and password to use some services.

• Accurate Information: When creating your account, you must give true and complete information. If your information is wrong or incomplete, TrusTalk Health™ can cancel your account.

• Your Responsibility: Keep your account password safe. Use strong passwords (mix of letters, numbers, and symbols). If possible, enable two-step verification for extra security.

• Security Issues: Tell TrusTalk Health™ immediately if someone else uses your account without permission. TrusTalk Health™ is not responsible for any problems caused by unauthorized use of your account.

• Exclusive Use: You cannot use someone else’s account.

• Settings and Notices: You can change your account settings anytime through the app. TrusTalk Health™ might send you important emails as notices.

• Account Termination: TrusTalk Health™ can suspend or cancel your account if you violate any terms of this Agreement or engage in prohibited activities.

Use of TrusTalk Coach or Therapist

When you use the TrusTalk Coach or Therapist service on the app, please understand and agree to the following:

• Premium Service: TrusTalk Coach or Therapist service is a premium service provided through the app.

• Emotional Strength: This service helps build emotional strength and supports you in achieving your goals.

• Personal Information: Do not share personal information or sensitive data (like your medical info, financial info, or political opinions) unless it is an emergency.

• Nickname Usage: You can use a nickname to access the service. You are responsible for what happens under your name.

• Qualified Professionals: TrusTalk Coaches or Therapists are well-trained and qualified to provide this service.

• Service Modes: The service can be used through text messages or audio-video. It helps you work towards your well-being goals by offering support and guiding you to use your strengths.

• Non-Replacement of Therapy: TrusTalk Coaches or Therapists are not a replacement for face-to-face psychotherapy and do not provide medical diagnosis or treatment-based services.

• No Medical Advice: TrusTalk Coaches or Therapists do not give medical advice. They only offer support to help you manage your emotions and achieve your well-being goals.

• Emergency Limitation: The service is not for emergencies. If you have an emergency, contact your local emergency services immediately.

• Informed Consent: You may be asked to provide informed consent and emergency contact details before your first session.

• Changing Coaches: You can change your Coach or Therapist anytime by emailing us at trus@trustalk.org.

• Session Management: You are responsible for scheduling your sessions. If you cancel or reschedule a session, do it at least 3 hours before the session starts.

• Conversation Storage: Your text conversations with TrusTalk Coaches are stored in the app for your reference. You can delete them anytime using the “Reset my data” option in the app settings.

• Audio-Video Session Privacy: Audio-Video sessions are not recorded. You also agree not to record them.

• Coach Availability: If your Coach or Therapist is unavailable, TrusTalk Health™ will provide another one or reschedule your session.

• Offline Messaging: The app lets you send offline text messages to your Coach or Therapist. They will reply to your messages when they can.

• Quality Assurance: Other TrusTalk Coaches may see your messages to ensure quality assurance for all therapy sessions, providing high-quality service to our users if needed.

• Safety Monitoring: Our system will detect any safety risks in your messages and share them with your Coach or Therapist and Institution.

• Conduct Responsibility: You are responsible for your conduct, messages, and posts while using the app.

• Politeness and Manners: You agree to be polite and follow good manners when messaging your Coach or Therapist, as stated in the User Content section of this Agreement.

• Background Checks: TrusTalk Health™ checks the backgrounds of all Coaches. You can see their profiles in the app.

• Confidentiality: The Coach or Therapist will not share your information with others without your permission. All data use will follow the Privacy Policy.

• Service Guarantees: TrusTalk Health™ does not guarantee:

  • The app will always be accurate or available.

  • The Coach or Therapist will always be willing or able to listen.

  • The Coach or Therapist advice will always be relevant, useful, accurate, or satisfactory.

  • The Coach or Therapist advice will be 100% safe or suitable for you and everyone else.

  • Your access to the Coach or Therapist may end if our contract with your Institution ends.

Use of TrusTalk Medical Assistant

When you use the Chronic Care Management service on the app, please understand and agree to the following:

• Service Provider: This Service is provided on behalf of your physician or Institution.

• Service Access: Your Institution decides if you can chat with an assigned TrusTalk Medical Assistant.

• Service Termination: You will not be able to message or talk to your Medical Assistant after you no longer use the Service or our contract with your physician or Institution ends.

• Personal Information: Do not share any more personal information or sensitive data than required for the service.

• Qualified Professionals: TrusTalk Medical Assistants are well-trained and qualified to provide this service.

• Service Modes: The service can be used through text messages or audio-video.

• Non-Replacement of Medical Services: TrusTalk Medical Assistants are not a replacement for face-to-face psychotherapy and do not provide medical diagnosis or treatment-based services.

• No Medical Advice: TrusTalk Medical Assistants do not give medical advice. They help you adapt to living healthier lives by discovering your personal strengths and motivations, along with enabling adherence to your medication and appointments.

• Emergency Limitation: The service is not for emergencies. If you have an emergency, contact your local emergency services immediately.

• Information Sharing: The Medical Assistant will share your provided information, including any summary notes taken by them, with your physician.

• Informed Consent: You may be asked to provide informed consent and emergency contact details before your first session.

• Changing Medical Assistants: You can change your assigned Medical Assistant anytime by emailing us at trus@trustalk.org.

• Session Scheduling: Where available, your Medical Assistant will schedule reviews as reminders to check your progress and offer support.

• Message History: You can always see your message history and reports from your Medical Assistant in the app.

• Audio-Video Session Privacy: Audio-Video sessions are not recorded. You also agree not to record them.

• Assistant Availability: If your Medical Assistant is unavailable, TrusTalk Health™ will provide another one or reschedule planned sessions.

• Offline Messaging: The app lets you send offline text messages. Your Medical Assistant will reply to your messages when they can.

• Quality Assurance: Other TrusTalk Medical Assistants may see your text messages to ensure quality assurance and provide high-quality service.

• Safety Monitoring: Our system will detect any safety risks in your messages and share them with your Medical Assistant.

• Conduct Responsibility: You are responsible for your conduct, messages, and posts while using the service.

• Politeness and Manners: You agree to be polite and follow good manners when messaging your Medical Assistant, as stated in the User Content section of this Agreement.

• Background Checks: TrusTalk Health™ checks the backgrounds of all Medical Assistants. You can see their profiles in the app.

• Confidentiality: The Medical Assistant will not share your information with others without your permission. All data use will follow the Privacy Policy.

• Service Guarantees: TrusTalk Health™ does not guarantee:

  • The app will always be accurate or available.

  • The Medical Assistant will always be willing or able to listen.

  • The Medical Assistant advice will always be relevant, useful, accurate, or satisfactory.

  • The Medical Assistant advice will be 100% safe or suitable for you and everyone else.

Additional Service-Related Terms

• Institutional System Integration: We may connect with your Institution's systems to safely and securely transfer the agreed information as part of the services. TrusTalk Health™ is not responsible for any mistakes or missing information in your data from these systems.

• User Rights: You have rights, and you can learn more about them in our Privacy Policy. If you have any questions or complaints, email us at trus@trustalk.org. TrusTalk Health™ might ask for more information to handle your request properly. We may also need to verify who you are before answering your questions.

• Research Participation: We use a small amount of anonymous data for research to make our services better and help improve mental well-being around the world. If you agree to join any TrusTalk Health™ online research studies, we will collect some personal data, as explained in our Privacy Policy.

• Voluntary Participation: Joining our research studies is your choice. Details about the study will be shared with you, and you will be asked for your consent at the start. Agreeing to join does not guarantee you will be in the study; you must meet certain criteria. Your data will be used according to our Privacy Policy. Generally, you will not receive any payment or benefits for participating in these studies. TrusTalk Health™ and its team are not responsible for any damages or losses connected to the research study as much as the law allows.

• Service Dependencies: Our services depend on various factors like software, hardware, and network connections. We do not guarantee that our app will always work perfectly, without interruptions or errors. We may have service agreements with your Institution to offer our app and services.

• Content Privacy: All chats and data from our services are private, except in certain cases mentioned later. By using TrusTalk Health™, you agree that we can collect and use your data as described in our Privacy Policy.

• Legal Requirements: Sometimes, TrusTalk Health™ or your Therapist or Medical Assistant might have to share your data to meet legal requirements, such as court orders or for your safety.

• Third-Party Links: Our app might have links to other websites or services. TrusTalk Health™ does not control these links and is not responsible for their content, products, or services. We are not liable for any damages or losses from using these third-party sites. We recommend you review their terms of service and privacy practices before use.

• Technology Risks: Using technology has risks, and you accept these risks. Protect your device and chats with good security practices like passwords. Do not share your password and keep your device safe. TrusTalk Health™ is not responsible if someone else accesses your chats or data.

• Dispute Resolution: If you and TrusTalk Health™ have any disagreements or claims about this Agreement, we will try to resolve them together, possibly over email or the phone. If we cannot resolve it within 60 days, we will follow the dispute resolution terms in this Agreement.

Service Rules

You agree not to engage in any of the following prohibited activities:

• Do not copy, share, or show any part of the service in any way, including using any computer programs or methods like "scraping."

• Do not use any automated tools like "robots," "spiders," or "offline readers" to access the service in a way that sends more requests to our servers than a person could by using a normal web browser.

• Do not send spam, chain letters, or other junk emails.

• Do not try to mess with or break the service's security or figure out any messages sent to or from our servers.

• Do not do anything that puts a heavy load on our system, more than what is fair or manageable, as decided by us.

• Do not upload bad data, viruses, worms, or other harmful software through the service.

• Do not collect or share any personal information, like account names, from the service.

• Do not use the service to ask people for money or business.

• Do not pretend to be someone else, lie about who you are, or hide your identity.

• Do not mess with how the service is supposed to work.

• Do not access any content on the service using methods or technology that we have not approved.

• Do not try to get around the measures we use to stop or limit access to the service, including methods that prevent copying content or enforce rules on how the service is used.

User Content

Some areas of the service may, either now or later, allow you to post content such as chat content, profile Information, videos, comments, questions, and other content or Information or any such materials you submit, post, display, or otherwise make 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, authorized Institutions, or other authorized persons (in accordance with your settings and this Agreement) to view, edit, and/or share your User Content. TrusTalk Health™ has the right (but not the obligation) to remove any User Content that is shared via the service.

You agree not to post or transmit User Content that:

• May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, any other person, or any animal;

• May create a risk or any other loss or damage to any person or property;

• Seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;

• May constitute or contribute to a crime or tort;

• Contains any Information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;

• Contains any Information or content that is illegal (including, without limitation, the disclosure of insider Information under securities law or of another party's trade secrets);

• Contains any Information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

• Contains any Information or content that you know is not correct and current;

• Violates any school, Institution, or other applicable policy, including those related to cheating or ethics;

• Interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity;

• Except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials, solicit Service letters or certificates, or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.

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. TrusTalk Health™ reserves the right, but is not obligated, to reject and/or remove any User Content that TrusTalk Health™ 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 TrusTalk Health™ intellectual properties, you expressly agree not to disclose or communicate any proprietary Information about the TrusTalk Health™ practice, materials, or methods to any third parties. The obligations under this Clause survive the termination of the TrusTalk Health™ Service or your relationship with TrusTalk Health™.

In connection with your User Content, you affirm, represent, and warrant the following:

• You have the consent of each and every identifiable natural person in the User Content to use such a person's name or likeness, and each such person has released you from any liability that may arise in relation to such use of such User Content.

• Your User Content and TrusTalk Health™'s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third-party, including without limitation any Intellectual Property Rights and privacy rights. TrusTalk Health™ takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that TrusTalk Health™ is only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that in spite of our best efforts you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that TrusTalk Health™ shall not be liable for any damages or injury or losses you allege to incur as a result of User Content.

User Content License Grant

By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to TrusTalk Health™ a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list Information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, subject to the Privacy Policy.

Use of User Content

TrusTalk Health™ 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. TrusTalk Health™ may use User Content and other data collected from the User in accordance with this Agreement for the purpose of this research. Research and outcomes are key to helping Users make real changes 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. TrusTalk Health™ does not warrant that the Mobile Software will be compatible with your mobile device. TrusTalk Health™ hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one TrusTalk Health™ Account owned or leased solely by you, for your personal use. You may not:

1. Modify, disassemble, decompile, or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law;

2. 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;

3. Make any copies of the Mobile Software;

4. 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

5. Delete the copyright and other proprietary rights notices on the Mobile Software.

You acknowledge that TrusTalk Health™ 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 TrusTalk Health™ 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. TrusTalk Health™ reserves all rights not expressly granted under this Agreement.

The Mobile Software originates in The Netherlands and is subject to Dutch 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 The Netherlands. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Dutch and foreign laws related to the use of the Mobile Software and the TrusTalk Health™ 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 "TrusTalk Content"), and all Intellectual Property Rights related thereto, are the exclusive property of TrusTalk Health™ 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 TrusTalk Content. Use of TrusTalk Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or TrusTalk Health™ 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 TrusTalk Health™ 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, TrusTalk Health™ does not waive any rights to use similar or related ideas previously known to TrusTalk Health™, or developed by its employees, or obtained from sources other than you.

No Professional Advice

If the Service provides any Information (which includes TrusTalk 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.

About Privacy, Security, Third-Party Links, and Monitoring

We deeply care about the privacy of our Users. You understand that by using the Services you consent to the collection, use, and disclosure of your Personal Data and aggregate data as set forth in our Privacy Policy, and to have your data collected, used, transferred to, and processed by us in accordance with our Privacy Policy.

We deeply care about the integrity and security of your Personal Data and maintain security measures as required under applicable data protection laws to ensure its authorized use. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your Personal Data for improper purposes. You acknowledge that you provide your Personal Data at your own risk. Refer to the Privacy Policy for how we handle your data.

The Service may contain links or other content related to third-party websites, advertisers, products and/or services, special offers, or other events or activities offered by third parties that are not owned or controlled by TrusTalk Health™. TrusTalk Health™ has no control over any such links, content, websites, products, or services or any Information provided or transmitted via such links, websites, products, or services, or otherwise provided by any such third-party. TrusTalk Health™ does not endorse or assume any responsibility for any such third-party sites, Information, materials, products, opinions, or services and will not be responsible or liable for any content, advertising, products, or other materials contained therein or the business practices or privacy practices related thereto. If you access a third-party website or application from the Service, you do so at your own risk, and you understand that these Terms of Service and TrusTalk Health™'s Privacy Policy do not apply to your use of such sites. You expressly relieve TrusTalk Health™ from any and all liability, directly or indirectly, arising from your use of any third-party website, application, software, service, or content and also for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, application, software, content, product, and/or service. We do not promote third-party offers as part of the App experience. Your Institution may conduct advertising or marketing of TrusTalk Health™ Services. We may place ads online to test take-up of a specific Service or to promote a specific Service using only authorized advertisers and ad managers. Additionally, your dealings with or participation in promotions of advertisers, if any, found on our Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that TrusTalk Health™ shall not be responsible for any loss or damage or injury of any sort relating to your dealings with such advertisers. If you disclose your Information to others, different rules may apply to their use or disclosure of such Information. We do not control the privacy policies of others. We encourage you to ask questions before you disclose your personal Information to others.

TrusTalk Health™ encourages you to, at a minimum, be aware when you visit or use a third-party website, application, software, or service and to review the terms of service and privacy practices related to such third-party.

Monitoring Content: 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 The Netherlands. It is hereby clarified that TrusTalk Health™ has a right to but not an obligation to monitor the content on the Website and the Mobile Software. Accordingly, TrusTalk Health™ 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 and Mobile Software.

Termination

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.

TrusTalk Health™, 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 TrusTalk Health™ App, with or without notice to you. You agree that TrusTalk Health™ shall not be liable to you or to any third party for any losses or damages or injury that may result to you or any third party from such discontinuation or interruption of Service. However, if the Service is temporarily or permanently discontinued by TrusTalk Health™, TrusTalk Health™ will initiate the refund of Fees paid by you 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 to trus@trustalk.org. TrusTalk Health™ will address any such request on a case-by-case basis.

Indemnity and Warranty

Indemnity

You agree to defend, indemnify, and hold harmless TrusTalk Health™, its subsidiaries, employees, officers, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, injuries, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

1. Your use of and access to the Service, including any data or content transmitted or received by you;

2. Your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties;

3. Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;

4. Your violation of any applicable law, rule, or regulation;

5. Any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or

6. 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 TrusTalk Health™ Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. TrusTalk Health™ shall have no liability for your interactions with other Users or for any User's actions or inactions.

Warranty

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 TrusTalk Health™ or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, TrusTalk Health™, its subsidiaries, affiliates, and 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.

TrusTalk Health™ does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the TrusTalk Health™ Service or any hyperlinked website or Service, and TrusTalk Health™ 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 TrusTalk Health™, 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 TrusTalk Health™ 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, TrusTalk Health™ assumes no liability or responsibility for any:

1. Errors, mistakes, or inaccuracies of content;

2. Personal injury or property damage of any nature whatsoever, resulting from your access to or use of our service;

3. Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;

4. Any interruption or cessation of transmission to or from the Service;

5. Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third-party;

6. 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

7. 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 TrusTalk Health™ (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 EUR 100 or the total amount of fees paid to TrusTalk Health™ 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 TrusTalk Health™ 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 Netherlands. You understand and agree that, while Services meet all applicable laws in The Netherlands, 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 Dutch 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, The Netherlands, or other relevant authorities. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in The Netherlands.

Governing Law and Dispute Resolution

The App is controlled by TrusTalk Health™ from its offices in The Netherlands. You agree that:

1. 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;

2. The Courts in Amersfoort, The Netherlands, 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 Netherlands, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the courts located in Amersfoort, The Netherlands, 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 this 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 TrusTalk Health™ without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Notification Procedures and Changes to the Agreement

TrusTalk Health™ 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 TrusTalk Health™ in our sole discretion. TrusTalk Health™ 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. TrusTalk Health™ 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.

TrusTalk Health™ 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.

Entire Agreement/Severability

This Agreement, together with any amendments, policies, and any additional agreements you may enter into with TrusTalk Health™ in connection with the Service, shall constitute the entire agreement between you and TrusTalk Health™ 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 TrusTalk Health™'s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Contact Information

If you have any questions, comments, or concerns about this Agreement or our practices, please contact us at:

TrusTalk Health™ Contact Information:

TrusTalk Health™ B.V.
Van Asch van Wijckstraat 55
3811 LP Amersfoort
The Netherlands
Email: trust@trustalk.org

Disclaimer: This Terms of Service is intended to provide a general overview and may need to be adjusted to comply with local laws and regulations. For legal advice, please consult a qualified attorney.