Alba Mind Terms of Service 📝

Alba Mind Terms and Conditions

The following are the Terms and Conditions (the “Agreement“) which govern your access and use of our app through which information from mental health professionals may be accessed.

PLEASE READ THESE TERMS CAREFULLY.

 

General

1.1 Definitions

AM APP LTD (“Alba Mind”, “Alba”, “we”, “us”, or “our”) operates the Alba Mind app and site at  www.albamindapp.com (collectively the “Platform”). Our Platform allows users (“Users”) to post their thoughts anonymously, both publicly or privately. All such posts, including any content that users (including you) provide to be made available through the Platform will collectively be referred to as “User Content”. User Content may receive responses from mental health professionals (“Supporters”) in a variety of formats (text, audio or video) and access Supporter profiles, collectively referred to as “Supporter Content”. Users may separately engage with Supporters away from the Platform to obtain health and wellbeing services (“Supporter Services”). For the purposes of these terms, “Platform Content” refers to all content, features and functionality that are posted, generated, provided or otherwise made available through the Platform, including but not limited to all information, text, graphics, displays, software, images, music, audio and video, works of authorship of any kind, and information or other materials and the design, arrangement and selection thereof. For the purposes of these terms, Platform Content, Supporter Content and User Content will be collectively referred to as “Content”.

1.2 Age Restriction and Consent

By using the Platform, you confirm that you are over the age of 18 and accept these Terms and agree to comply with them. If you are under the age of 18, you confirm that you have a parent or guardian’s permission to use the Platform and that your parent or guardian accepts these Terms and agrees to comply with them. By accessing and then using the Platform you agree to abide by these Terms and all other Terms and policies that appear on the Platform. If either you or your parent or guardian do not agree to these Terms, you must not use our app.

1.3 Our Platform

ALBA MIND IS NOT A CRISIS OR DIAGNOSTIC SERVICE AND CANNOT HELP IF YOU ARE IN DANGER OR NEED MEDICAL ATTENTION. DO NOT USE THIS PLATFORM OR ITS CONTENT FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 999 (OR YOUR EMERGENCY SERVICE NUMBER). IF YOU ARE THINKING ABOUT SUICIDE, CONSIDERING HARMING YOURSELF OR OTHERS, FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE INTENTION OF THE PLATFORM IS NOT TO BE USED IN ANY OF THE AFOREMENTIONED CASES. WE CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES. THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS. THE PLATFORM IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING CONTENT AND/OR SERVICES PROVIDED BY OR THROUGH THE USE OF THE PLATFORM OR THROUGH ANY OTHER COMMUNICATIONS FROM US. THE CONTENT OF THE PLATFORM IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM. While the Platform may provide access to certain general wellness information the Platform cannot and is not intended to provide medical advice. None of the Content should be treated as medical advice or a representation, endorsement or warranty that any specific medication or treatment is safe, effective, or appropriate for you. We advise you to always seek the advice of a physician or other qualified healthcare provider with any questions regarding your personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of something you have read or heard through the Platform. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately. You acknowledge that although some of the Supporter Content that is provided to you through the Platform may be provided by individuals in the healthcare profession, the provision of such information does not create a medical 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 completing your self-help programme. The Platform facilitates peer support and access to general information from therapists; it should not be used as a substitute for professional advice. You should consult your doctor, or other relevant professional, about your personal situation before making any decisions that could affect you or others.

 

Content, Permissions and Rights

2.1 Ownership 

Alba Mind, its licensors and other providers exclusively own all right, title and interest in and to the Platform and Platform Content, including all associated intellectual property rights. You acknowledge that the Platform and Platform Content is protected protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform or Platform Content.

2.2 Trademarks

Specific logos, names, and other materials displayed on the Platform may constitute trademarks, trade names, service marks or logos (“Marks“) of Alba Mind. You are not authorised to use any such Marks without the express written permission of Alba Mind. Ownership of all such Marks and the goodwill associated therewith remains with us.

2.3 Permissions 

These Terms of Use permit you to use the Platform only for your non-commercial, personal use. You must not reproduce, distribute, modify, create derivative works of, publicly perform, republish, publicly display, download, store or transmit any of the material on our Platform except as commonly and normally permitted through the Platform according to these Terms of Use. You must not access or use any part of the Platform or any services, content or materials available through the Platform for any commercial purposes. By posting on the Platform you allow us to repurpose your User Content. Alba Mind does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. 

2.4 Rights in User Content granted by you

By making any User Content available through the Platform you hereby grant to us a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Platform and Content to you and to other Users.

 

Third Parties

3.1 Third Party Content

The Platform may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. Such independent sites are not under our control, and we have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies. Any such links to external websites on the Platform should not be taken as an endorsement of any kind. We take no responsibility for the Content of external websites and we will not be liable for any information, links or software found on any other website, source or information or internet location, nor for your usage of such information, links or software, nor for the acts or omissions of any such websites or their respective operators. You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them or whether to rely on their content. Alba Mind will not be liable for any damage or loss caused by any Third Party Content. 

3.2 Supporters

All of the Supporters who are active on Alba Mind are independent providers who are neither our employees nor contractors nor agents nor representatives. The Supporters are independent professionals, third parties, who are solely responsible for the Supporter Content they create and Supporter Services they provide. Supporter Services are classified as Third Party Content. Alba Mind is neither responsible nor holds and liability for any communications that occur between Users and Supporters. Alba Mind shall not be held liable for any professional consultation you receive from a Supporter via the Platform or Services. The Platform’s role is limited to enabling Users to view Supporter Content; the Supporter Content and Services are the responsibility of the Supporter who provides them. If you feel the Supporters Services provided by the Supporter do not fit your needs or expectations, you may contact a different Supporter. While we hope the Supporter Content and Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation. Alba Mind does not practice allopathic medicine, naturopathic medicine, nutritional therapy, psychology/psychotherapy, counselling or any other licensed profession, and does not interfere with the practice of allopathic medicine, naturopathic medicine, nutritional therapy psychology/psychotherapy, counselling or any alternative licensed profession by the Supporters, each of whom is responsible for his / her services and compliance with the requirements relevant to his or her profession and license.

 

Privacy

4.1 Privacy Policy

Protecting and safeguarding any information you provide through the Platform is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy available at https://albamindapp.com/privacy-policy/ (The ‘Privacy Policy’). 

BY AGREEING TO THIS AGREEMENT AND/OR BY USING THE PLATFORM, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY REGARDING CHANGES AND REVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY POLICY.

 

Limitation of Liability and Indemnification

5.1 Liability

Alba Mind is not a medical organisation and provides information rather than advice. Alba Mind does not accept liability for any inconvenience, harm, loss or damage arising from the use or inability to use any of the information on the Platform. You acknowledge and agree that Alba Mind does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting Users with independent third party Supporters in the Alba Mind network. You acknowledge and agree that the Supporters using the Platform are entirely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all healthcare services, instructions, advice, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the guidance of Supporters, in their sole discretion, as they deem appropriate.

5.2 Disclaimer of Warranty 

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.

5.3 Limitation of Liability

YOU COMPREHEND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ALBA MIND OR ITS EMPLOYEES, DIRECTORS, OFFICERS, PARENTS, SUBSIDIARIES, AGENTS, AFFILIATES OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, DATA, GOODWILL, USE OR OTHER INTANGIBLE LOSSES STEMMING FROM OR RELATED TO YOUR USE OF THE PLATFORM, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, CONTRACT, STATUTE OR OTHERWISE. To the extent that we may not, as an element of applicable law, disclaim any implied warranty or limit its liabilities, the scope and span of such warranty and the extent of our liability will be the minimum permitted under such applicable law. YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY COUNSELOR AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE 12 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM. If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (Limitation of Liability and Indemnification) shall survive the termination or expiration of this Agreement.

5.4. Indemnification
You agree to indemnify and hold harmless Alba Mind, its officers, employees, agents, subsidiaries, directors, affiliates, suppliers and licensors, harmless from and against any demands, liabilities, claims, action, damages, losses, costs, expenses and settlements, including without limitation reasonable legal and accounting fees (“Claims”), arising from, alleged to arise from, or in any way connected with (i) your access to or use of the Platform or (ii) your violation of these Terms. Additionally you agree to defend, indemnify and hold harmless your Supporter(s) from and against any third party Claims resulting from your non-adherence with the advice or recommendation(s) of such Supporter(s).

5.5 Exclusion of Liability

Alba Mind hereby excludes all and any losses, liabilities, claims, damages, expenses or costs (whether as a consequence of its negligence or otherwise) arising in connection with:

  • your use or inability to use the Platform;
  • any unauthorised access to or alterations of information provided by you;
  • your use of any third party sites (including without limitation those that may be connected by hyperlink to the Platform);
  • any arrangements entered into with any third party in connection with any information provided by or in connection with this Site;
  • the inaccuracy, incompleteness or tardiness of any information supplied through the Platform.

 

Accounts

6.1 Accounts Overview

When you register on the Platform, you are required to create an account (“Account”) by entering your email address, phone, password, name and certain other information collected by Alba Mind (collectively “Account Information”). You must be of legal age or have the consent of a parent or guardian to form a binding contract in order to create an Account. You agree that the Account Information that you supply us at all times, including during registration and in any information you upload to the Platform will be accurate, true, current, and complete. You may not share or transfer your Account password with anyone, or create multiple Accounts. You are responsible for maintaining the confidentiality of your Account password, as well as all activities that occur under your Account. Alba Mind reserves the right to take any and all action, as it feels necessary or reasonable, regarding the security of the Platform and your Account Information. In no event and under no circumstances shall Alba Mind be held liable to you for any damages or liabilities directly resulting from or arising out of your use of the Platform , your use of the Account Information or your disclosure of the Account Information to a third party. You may not use anyone else’s account for any reason.

6.2 User Accounts 

Users may post their thoughts onto the platform, either privately or publicly in an anonymous feed. If Users post their thoughts publicly, they are giving permission for Supporters or other Users to respond and interact with their posts. Users may access the Supporter Content (i.e. responses and profiles) by paying for a subscription or one-off purchase.

6.3 Use of the Platform by Children
Children are not allowed access to the Platform without the consent of a legal guardian. To make a purchase on the Platform, you must be 18 years or above.

6.4 Access Rights

We hereby grant to you a non-exclusive, limited, non-transferable right to access the Platform solely for your personal non-commercial use and exclusively as permitted under these Terms and any other agreements you may have enrolled in with us (“Access Rights”). In our sole discretion we reserve the right to deny or suspend use of the Platform to anyone for any reason. You agree that you will not, and not attempt to: (a) impersonate any person or entity, or otherwise falsify your affiliation with an entity or person; (b) use the Platform to violate any local, national or international law; (c) reverse engineer, decompile, disassemble or translate any software or other facets of the Platform; (d) distribute viruses or other harmful computer code through the Platform or (e) otherwise operate the Platform in any way that eclipses the scope of use granted above. In addition, you agree to refrain from offensive language when posting thoughts and/or communicating with Supporters or other Users via the Platform. Alba Mind is not responsible for any interactions with Supporters that are not handled through the Platform. We highly recommend that you do not use the Platform on public wifi. We also suggest that you do not save your Account password through your web browser or other software.

6.5 Rights in App Granted by Alba Mind

Subject to your compliance with these Terms, Alba Mind grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Alba Mind reserves all rights in and to the App not expressly granted to you under these Terms. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.

6.6 Purchase and Fee Terms

You consent to pay all charges or fees to your Account in accordance with the fees, charges, and billing terms in effect as soon as a fee or charge is due and payable. By providing Alba Mind with your payment information, you agree that Alba Mind is authorised to immediately invoice your account for all charges and fees due and payable to Alba Mind hereunder and that no additional notice or consent is needed. Alba Mind reserves the right to edit or implement a new pricing format at any time preceding the act of the Platform billing you for your initial payment or for future payments due pursuant to these Terms. 

6.6 Termination
At any time you may deactivate your Account and end your registration, for any reason by sending a cancellation email to michael@alba.app. If you purchase a Subscription via an App Provider, you should also cancel your Subscription with the App Provider directly. Alba Mind may suspend or terminate your use of the Platform, your Account and/or registration for any reason at any time, at our sole discretion and without notice to you. Subject to applicable law, Alba Mind reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Platform pursuant to its internal record retention and/or Content destruction policies. After such termination, Alba Mind will have no further obligation to provide the Platform or Platform Content. Upon any termination, discontinuation or cancellation of Platform or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

6.7 Disclosure
You can report a complaint relating to Supporter Content or Supporter Services offered by a Supporter by contacting the relevant professional licensing authority. In a professional relationship, sexual intimacy is not in any way appropriate and should be reported to the authority that licenses, registers, or certifies the licensee.

 

Your Commitments

7.1 Your account, representations, conduct and commitments

  • You hereby confirm that you are legally able to consent to use the Platform, or have the consent of a parent or guardian, and that you are legally able to enter into a contract. 
  • You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
  • You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.
  • You agree to notify us immediately of any unauthorised use of your Account Access or any other concern for breach of your account security.
  • You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
  • You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorised by you or not, and you agree to indemnify us for any such damage or loss.
  • You agree and commit not to use the account or Account Access of any other person for any reason.
  • You agree and confirm that your use of the Platform is for your own personal use only and that you are not using the Platform for or behalf of any other person or organisation.
  • You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorised access to the aforementioned.
  • You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
  • You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Supporters and us.
  • If you receive any file from us or from a Supporter, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
  • You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Supporter Services) which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
  • You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorised to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.
  • You agree to pay all fees and charges associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. By providing us with your Payment Means you authorise us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Account information. If you have any concerns about a bill or a payment, please contact us immediately by sending an email to michael@alba.app. We will evaluate your issue on a case by case basis and, at our discretion and take steps to resolve any issue.

 

App Store App Terms 

8.1 Additional Terms for App Store Apps

If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

If you accessed or downloaded the App from an App Provider, then you acknowledge and agree that:

  • These Terms are concluded between you and Alba Mind, and not with App Provider, and that, as between Alba Mind and the App Provider, Alba Mind, is solely responsible for the App.
  • App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Alba Mind.
  • App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Alba Mind will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
  • You must also comply with all applicable third-party terms of service when using the App.
  • You agree to comply with all UK and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a UK Government embargo, or that has been designated by the UK Government as a “terrorist supporting” country; and (ii) you are not listed on any UK Government list of prohibited or restricted parties.

 

Prohibitions and Monitoring

9.1 User Conduct

Participation in, and use of, the Platform is at your own risk. All views and information, whether publicly posted or privately transmitted, by users are individual and not the views, policy or advice of Alba Mind. Alba Mind Mind does not guarantee that the Platform will be uninterrupted or error free, or that the Platform or your use of it will be free of viruses or harmful material. You are responsible for ensuring that your phone is suitable to use the Platform. You understand and acknowledge that Content is the sole responsibility of the person from which such Content originated. You agree to not:

  • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
  • Use, display, mirror or frame the Platform, or any individual element within the Services, Alba Mind’s name, any Alba Mind trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Alba Mind’s express written consent;
  • Access, tamper with, or use non-public areas of the Platform, Alba Mind’s computer systems, or the technical delivery systems of Alba Mind’s providers;
  • Attempt to probe, scan, or test the vulnerability of any Alba Mind system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Alba Mind or any of Alba Mind’s providers or any other third party (including another user) to protect the Platform;
  • Attempt to access or search the Platform or download Collective Content from the Platform through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Alba Mind or other generally available third party web browsers;
  • Send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilising a Alba Mind trademark, logo URL or product name without Alba Mind’s express written consent;
  • Use the Platform for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform;
  • Collect or store any personally identifiable information from the Platform from other users of the Platform without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Name health or care providers, legal services and/or their individual staff. Alba Mind aims to remove such references, but has no obligation to do so;
  • Gather information for surveys, articles and research studies, or similar;
  • Post or upload any Content or use the Platform in the way that breaches any law or regulation;
  • Attempt to access the Platform or create a new profile if your access to the Platform was terminated or suspended for any reason
  • Encourage or enable any other individual to do any of the foregoing.

9.2 Monitoring 

Although we are not obligated to monitor access to or use of the Platform or to review or edit any Content, we have the right to do so for the purpose of operating the Platform, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any part of the Platform or its Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Platform. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

 

Subscriptions

10.1 Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription

All amounts are payable and charged: (i) for one-off purchase (e.g. lifetime Subscription), at the time you place your order; and (ii) For monthly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via the Site, you can cancel the renewal of your subscription at any time by contacting us by email at michael@alba.app. If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to access the parts of the Platform the Subscription provides access to until the end of your current Subscription period.

10.2 Changes to Price Terms for Subscriptions

Alba Mind reserves the right to change its pricing terms for Subscriptions at any time and Alba Mind will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Alba Mind’s pricing terms then you may choose not to renew your Subscription in accordance with the section “Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription.”

10.3 Future Functionality

You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Alba Mind regarding future functionality or features.

 

Important notes about our Agreement

11.1 United Kingdom Laws

These Terms and your use of the Platform shall be governed by the United Kingdom’s laws, without giving effect to the principles of conflict of laws. Any disagreement arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in the United Kingdom. You understand that by checking the “agree” box for these Terms of Use and/or any other forms that the Platform presents to you, you are agreeing to these Terms of Use and that such action constitutes a legal signature. You also agree that we may forward to you any privacy or other notices, disclosures, or communications with respect to the Platform (collectively, “Communications“) through digital means, including but not limited to: (1) by e-mail, using the address that you supplied during registration, or (2) by posting the Communications on the Site. Any Communications delivered from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you do indeed receive the delivery. You can withdraw your consent to receive Communications from us via email – expressing your wish to cancel or discontinue your use of the Platform. No waiver by the Company of any condition or term set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other condition or term, and any failing of the Company to assert a right or provision under these Terms shall not amount to a waiver of such provision or right. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be illegal, invalid, unenforceable for any reason, such provision shall be eradicated or limited to the minimum extent such that the remaining provisions of this Agreement will remain in full force and effect. Alba Mind makes no representation that all services, content, products and/or material described on the Platform, are appropriate or available for use in locations outside the United Kingdom or all territories within the United Kingdom.

11.2 Complete Agreement

These Terms constitute the entire and exclusive understanding and agreement between Alba Mind and you regarding the Platform and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Alba Mind and you regarding the Platform and Content. To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement. Failure or delay by either party to enforce an obligation or exercise a right under these Terms and Conditions shall not be a waiver of that obligation/right.

11.3 Updates

We may at our sole discretion may add, edit or delete potions of this Agreement at any time on a going-forward basis by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. Further use of the Platform following notice of any such changes will show your acknowledgement of such modifications and agreement to be bound by the revised Agreement, inclusive of such changes.Because our Platform is evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

We may freely transfer or assign this Agreement or any of its obligations hereunder. We may assign, transfer, novate or subcontract any or all of our rights and obligations under these Terms and Conditions at any time.

Last updated: April 22nd, 2022