Last updated February 20th, 2020
Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, content and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us via email at [email protected]
Youper is a self-help mobile application designed to help users improve and maintain their behavioral coping skills and help users diagnosed with mental health conditions self-manage their symptoms. Youper does not provide diagnosis, treatment, medical care, or other professional services.
Materials displayed or performed or available on or through the Services may include certain “Content.” Such Content may include (but is not limited to) text, graphics, logos, service marks, data, articles, videos, photos, images, illustrations, User Submissions (as defined below), and so forth, which are all protected by copyright and/or other intellectual property laws.
Use of the Services is not for emergencies. If you think you have a medical or mental health emergency, call 911 or go to the nearest open clinic or emergency room.
If you are considering or committing suicide or feel that you are a danger to yourself or others, you must discontinue use of the Services immediately, call 911 or notify appropriate police or emergency medical personnel.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible and terminate the associated account. If you believe that a child under 13 may have provided us personal information, please contact us via email at [email protected]
Youper is available for download on Google Play and Apple App Stores. You may be required to sign up for an account, enter an email address and create a password. You agree to provide us with accurate, complete, and updated registration information about yourself. You may not enter an email address that you don’t have the right to use, or another person’s email with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If applicable laws prohibit your use of the Services, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Services means that you represent, warrant, and agree that you will not, nor will you permit anyone else your behalf to, contribute any Content (as defined above) or User Submission (as defined below) or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Youper);
- Violates any law or regulation;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Youper account or anyone else’s (such as allowing someone else to log on as you on the Services);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure or violating related regulations, policies or procedures);
- Uploads, transmits, or distributes any computer virus, worm, or any software intended to damage or alter a computer application or data;
“Crawls,” “scrapes,” or “spiders” any page, data or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content or Services and/or shares, posts or distributes any considerable part of the Content or Services elsewhere;
- Harvests, collects, gathers or assembles information or data of or about users other than yourself;
- Decompiles, reverse engineers or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
- Evidences mental health services needs that exceed those provided in the Services.
A violation of any of the previous is grounds for termination of your right to use or access the Services without the need for further action by Youper. Youper is free to use any information You submit using the Services for any legally permissible purpose and in any manner whatsoever. Youper will fully cooperate with any law enforcement authority or court order related to use of the Services.
While the Services may provide access to certain general medical information, the Services cannot and are not intended to provide medical advice. WE DO NOT PROVIDE MEDICAL DIAGNOSIS OR MEDICAL TREATMENT, DO NOT MAKE MEDICAL REFERRALS, DO NOT ISSUE PRESCRIPTIONS, AND HAVE NO AUTHORITY WHATSOEVER TO DO SO. We advise you to always seek the help of a physician or other qualified healthcare provider with any questions regarding your health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare providers because of something you have read on the Services. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.
You acknowledge that, although individuals in the medical profession may provide some of the Content that is made available through the Services, including information responsive to your questions or postings), 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 program.
No licensed medical professional-patient relationship is created by using the Services or accessing the Content, or through any information or other communications from us. THE CONTENT OF THE SERVICES 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 obtaining medical advice from a qualified health care professional because of something you may have read on the site. You should always talk to your medical professionals for diagnosis and treatment. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911. Your use of information provided on the Services is solely at your own risk. Nothing stated, posted or available on the Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care.
You understand that Youper owns any and all right, title and interest, including all copyrights, patents, trademarks, and trade secrets and other intellectual property rights, in and to the Services, Content and all related components and features. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services, nor will you allow anyone else to do so on your behalf.
The Content is protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, host, rent, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Youper’s) rights.
Note: Youper may provide links to videos or articles that were not created by us and for which we assume no ownership. Youper does not take any responsibility for the accuracy of information or content therein, nor for any harm caused by that content.
The Services may allow you to copy or download specific Content; please remember that all the above restrictions apply even if such functionality exists.
If you improve, modify, revise, enhance, adapt, translate, or create any application, service, feature or product (collectively, “Improvements and Derivatives”) from any part of the Content or Services, Youper shall own such Improvement or Derivative and any related rights exclusively. Youper will also own any suggestion, idea, enhancement request, feedback, recommendation or other information (“Ideas”) provided by you or any other person relating to the Content or Services, and you hereby assign to Youper any and all of your rights, title or interests in and to the Ideas, Improvements and Derivatives.
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” You grant Youper the license to display, perform, and distribute your User Submission for the sole purpose of making that User Submission accessible to you and providing the Services necessary to do so.
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide.
We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing and to terminate the accounts of repeat alleged infringers at any time and for any reason.
Any information or content posted or transmitted through the Services is the sole responsibility of the person from whom such content originated. Additionally, you access all such information and content at your own risk, and we are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.
We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what measures you may take as a result of having been exposed to the Content, and you at this moment release us from all liability for you having acquired or not acquired Content through the Services.
Our Services and the Content provided therein are for informational and educational purposes and are not a substitute for the professional judgment and advice of healthcare professionals. THE CONTENT AND THE SERVICES ARE NOT INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. Persons accessing this information assume full responsibility for the use of the information. Youper is not responsible or liable for any claim, loss, or damage arising from the use of the information.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Youper has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. Also, Youper will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with interaction with any of these third parties. You agree that Youper shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between You and any other participant on the Services, or with other users or any third party, you agree that Youper is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Youper, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
We are always trying to improve the Services and they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
These Terms may need to change along with the Services as they evolve. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the https://youper.ai/ website, and/or by sending you an email and/or by some other means.
If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Youper may or may not be offered to You as is a free application (“app”). However, even if it is initially made available at no cost to you, future versions of the app may require upgrading from free, basic features to premium features, which may require you to pay a subscription fee to access Youper’s Services.
Youper is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Youper has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in the destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you can retrieve any User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Youper.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or reimburse us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
These Terms apply to your use of all the Services, including the iPhone and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), and the Android applications available via the Google, Inc. (“Google”) Play Store (the “Application”), but the following additional terms also apply to the Application:
Both you and Youper acknowledge that the Terms are concluded between you and Youper only, and not with Apple and Google, and that Apple and Google are not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple or Google of such failure; upon notification, Apple and Google’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that Youper, and not Apple or Google, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Youper, and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and Youper acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of the agreement which may affect or be affected by such use; and
Both you and Youper acknowledge and agree that Apple and Apple’s subsidiaries and Google and Google’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.
Warranty Disclaimer. Youper does not make any representations or warranties concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding the accuracy, completeness, correctness, timeliness or usefulness of any information (including individual data) suggestions or recommendations of services or products offered or purchased through the Services. Services purchased or offered (whether or not following such recommendations and suggestions) through the services are provided “AS IS” and without any warranty of any kind from Youper or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific service or product).
The Services and Content are provided on an “as-is” basis, without warranties or any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted, timely, secure or error-free, or free of infections or viruses, worms, trojan horses or other code that contains contaminating or destructive properties. If you are dissatisfied with the Services, Content, or related functions, your sole and exclusive remedy is to stop using them. Some states or other jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Limitation of liability. To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall Youper be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (i) $100 or (ii) the amounts paid by you to Youper in connection with the services in the twelve (12) month period preceding this applicable claim, or (iii) any matter beyond our reasonable control. You agree that regardless of any statute or law to the contrary, any claim arising in connection with your use of Services must be brought within one (1) year of the date the event giving rise to such action occurred, or be forever barred.
Some states and other jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
Indemnity. You agree to indemnify and hold Youper, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), if you have an account, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
International Users and Non-US Residents. The Services are administered by Youper from the United States. They are designed to comply with United States laws and regulations. If You access the Services from outside the United States or as a Non-US Resident, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Governing Law and Jury Trial Waiver. Any claim relating to the Services and use of the Services is governed by the laws of the State of California. By using the Services, you consent to personal jurisdiction in the federal and state courts located in the State of California, for any action arising out of or relating to the Services. EACH PARTY UNCONDITIONALLY WAIVES THE RIGHT TO A JURY TRIAL OF ANY DISPUTE. The scope of this waiver is intended to be all encompassing of any and all disputes that may be filed in any court or other tribunal.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your services account, in any way (by operation of law or otherwise) without Youper’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Miscellaneous. You will be responsible for paying withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the services, provided that Youper may, in its sole discretion do any of the preceding on your behalf or for itself as it sees fit. No waiver of any right or provision of this Agreement shall be effective unless in writing and dated and signed by the party to be charged with waiver. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Youper agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Youper, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Youper in any respect whatsoever. Except as expressly outlined in the section above regarding the Apple and Google application, you and Youper agree there are no third party beneficiaries intended under this Agreement.