Terms of service.
*Updated on: 6th May 2021*
Thanks for downloading the Iona Mind App. In order for you to participate in this App We will need your consent to these Terms of Service and the associated Privacy Policy. Thank you.
Introduction
The Iona Mind app (the "App") is a mobile platform for customers of Iona Mind Ltd (“Iona”) like you ("you", and "your") that enables you to learn about self help tools that can promote overall emotional well-being. The App is provided by Iona ("we", "us" and "our"), Iona Mind Ltd, of 35 Lodge Avenue, Romford, England, RM2 5AB, email address privacy@ionamind.com. These Terms of Service ("Terms") and the associated Privacy Policy apply to your use of the App. Iona is also the Data Controller for the purposes of any personal data you provide. For information on how we (as Data Controller) use your personal data, please see the associated Privacy Policy.
You must review and accept these Terms before you can use the App.
The App does not provide any kind of medical care or advice; it is not a form of mental health service. The App should not be used in any kind of emergency. It is not a crisis service. If you believe there is a medical emergency involving yourself or anyone else you should contact the emergency services in your region or visit the nearest accident and emergency service at a hospital. The App is not designed to be used by anyone with a psychiatric disorder. If you have a psychiatric disorder then you must seek guidance from your doctor before using this app. If you are considering committing suicide or feel that you are a danger to yourself or to others, you must discontinue use of the App immediately and contact the emergency services in your region. If you have experienced abuse or are aware of abuse taking place then contact your local protective services agency or police department.
Changes
We may occasionally make changes to the App or these Terms. If we do, we'll notify you either by updating the Effective Date of these Terms listed above and via the App. You should stop using the App if you disagree with any changes to the App or these Terms.
From time to time we may issue updates to the App via the App Store. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and reviewed and accepted any new terms.
Accessing the App and the content on the App
You may access the App by downloading and installing the App to your device from the App Store. Although we are working to ensure that the App is compatible across various devices, we cannot guarantee that the App will work with all devices. You should check the minimum requirements and specifications (including memory space and operating system) as set out in the App details on the applicable App Store before downloading the App. We will endeavour to support the most recent versions of the operating systems available in the market. To download the App, you will need a valid App Store account (as applicable to your device).
It is your responsibility to ensure that you are able to comply with the relevant system requirements as described above. We accept no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software). Access to parts or all of the App and any or all content on the App may be restricted from time to time to allow for repairs, maintenance or updating.
Your Account
We refer to account holders as “Members”. As a member you have access to the Iona Mind app including its features and content. You also have access to the associated email reports that accompany the app.
In order to make in app purchases within Iona, you must create an account. This allows us to process your payments information. You will be prompted to create an account if you try to make a purchase without having created an account.
By creating an account and becoming a Member you opt in to receive communication emails from us consisting primarily of but not limited to: communication about the service; surveys; requests for feedback; reports; marketing. You can easily unsubscribe from these emails by choosing the unsubscribe option in the email itself. Iona accounts, including premium subscriptions are not transferable.
Subscriptions
We offer the option to purchase a premium subscription to the Iona Mind app. This unlocks the full app including all premium conversations. The premium subscription can be paid either monthly or annually and is processed by the App marketplace partner (either Apple or Google) through which you originally acquired the app. You have access to Iona Mind Premium once you have purchased a subscription. If you fail to pay your subscription you will no longer have access to Iona Mind Premium.
The renewal subscription fees will continue to be applied to the payment method you provided through the marketplace until canceled. You must cancel your subscription before it renews in order to avoid billing of the next subscription fee. To view, modify or cancel your subscription, you may be required to be authenticated under the same user ID by the marketplace partner. Refunds cannot be claimed for any subscription period. You can modify or cancel your paid subscription through the App marketplace where you originally acquired the subscription, this is the only way to modify or cancel your paid subscription.
If your premium subscription to Iona Mind is provided by the use of a code during the sign-up process, or specific portal or app for your organsiation, then we will bill the organisation to whom the code or portal/app is issued. We may share aggregated anonymised data with the organisation who paid for the code, portal or app, on metrics such as app usage, but we will never share individual or identifiable user information with that organisation.
Refunds
If you purchase a subscription via the Google Play store, the sale is final: we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Apple iTunes Store or the Iona Mind App then the sale is final: we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds.
Cancelling an account
You may cancel your account and membership at any time by deleting your account in the app. This action cannot be reversed. Once you have deleted your account, all the data associated with your use of Iona Mind will be removed permanently. If you delete your account and you have a Premium Subscription then a cancellation of the Premium Subscription is effective at the end of the relevant billing period.
Cancelling a Premium Subscription
You may cancel a Premium Subscription at any time without deleting your account. If you cancel a Premium Subscription you will still be able to access the basic features, although parts of the app will now be locked. Cancellation is effective at the end of the relevant billing period.If you purchase a Premium Subscription through the Apple iTunes Store or the app you may cancel your subscription by canceling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify.If you purchase a Premium Subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
Account information
You are responsible for the login information that relates to your account. It is your responsibility to keep it private and confidential. You are responsible for the activities that occur in your account. You agree to immediately notify Us of any unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
Your Use of the App
In consideration of you complying with these Terms, we grant you a non-transferable, non-exclusive, revocable licence to use the App on your device(s) and to view the content contained on the App for your personal, non-commercial use, subject to and in accordance with these Terms, the Privacy Policy and the applicable App Store rules, which are incorporated into these Terms by reference.
You agree:
that you will not use the App for any illegal purpose or in any way that interrupts, damages or impairs the service provided by the App;
that you will not access or attempt to access the accounts of other users of the App;
not to copy the App or any content on the App except where such copying is incidental to the normal non-commercial use of the App, or where it is necessary for the purpose of back-up or operational security;
not to make alterations to, or modifications of, the whole or any part of the App or any content on the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
That you will not attempt to decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the App.
not to infringe our intellectual property or our other licensors’ intellectual property in relation to your use of the App;
that you will not use the App in a way that is fraudulent, deceptive, harmful, threatening, harassing, defamatory, or otherwise objectionable;
to keep your password secure at all times and not to disclose your password to any other person;
that you will not use any kind of automated or manual means to retrieve information, data or content from the app
not to allow any other person to use or access your account; and
to comply with all laws applicable to you.
Termination
We may terminate these Terms and close your account at any time without notice if we cease to provide the App.
In addition to our right to remove any content from the App, we reserve the right to suspend, restrict or terminate your access to the App at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. We also reserve the right to disable your account at our reasonable discretion. Suspension, restriction or termination of your access to the App will not limit our right to take any other action against you that we consider appropriate.
You may close your account and terminate your agreement with us at any time by emailing us at terms@ionamind.com.
Intellectual Property
You acknowledge that the App, the content provided on the App and all copyrights, patents, trademarks, trade secrets, source code, object code and other intellectual property associated therewith are, and shall remain, the property of us or our licensors. You are not granted any intellectual property rights in or to the App or the content on the App except as expressly set out in these Terms. You are not authorised to use our logos or trade marks or trade names (whether registered or unregistered) in any manner. You may only use the App for personal, non-commercial purposes.
Licensing
The service and content provided through the App and the App itself are our property or the property of our licensors.
You are strictly only entitled to use the App, and consume content made available through the App, in accordance with these Terms.
Anything you write, upload, share, store, or otherwise provide through the App is your “User Submission.” You grant Iona the license to display, use, 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, sublicensable, perpetual, irrevocable, and worldwide.
No Medical Advice is Provided
The purpose of this App is for users to learn about self help tools that can promote overall emotional well-being. It is not intended to provide medical advice. You should speak to your doctor or another qualified medical professional about your health or medical conditions. Never delay obtaining medical advice from your doctor or other qualified healthcare provider because of something you have read on the App. If you have or suspect that you have a medical problem or condition, contact a qualified healthcare professional immediately.
If you decide to submit details about your mental wellbeing on the App, the information returned is on the basis of general healthcare information and not as personalised health advice for you specifically. The provision of any information in the App does not create a medical professional /patient relationship and does not constitute medical advice, diagnosis or treatment of any condition, but is provided to assist you in completing a self-help exercise or plan.
We are not a medical device provider. The content of our Site and related services should not be considered medical advice. Only your doctor or other appropriate healthcare provider can provide you with medical advice. No medical professional-patient relationship is created by using the App nor by consuming any content related to the services provided by Iona. The content of the services are not medical advice or a substitute for medical advice. They do not constitute diagnosis or treatment. You must not delay obtaining medical advice from a qualified health care professional because of something you may have read on the services. If you experience any kind of medical emergency you should contact the emergency services in your country. You use this app entirely at your own risk. You should not take or stop taking any action based on information from our information services. You should always talk to a qualified medical professional about any questions you may have about a medical condition. We are not liable for the accuracy, completeness, or suitability of any purpose of the information or other materials within the App or website. We make no warranties in relation to the output of our App.
Live Conversations are not Monitored
No humans monitor your live conversations that take place within the App. We cannot control how you may interpret and use the content within the App. We cannot control what actions you may take as a result of having been exposed to the content. Therefore, you release us from all liability for you having acquired or not acquired content through the App. Iona is not responsible or liable for any claim, loss, or damage arising from the use of the information.
Improving the App
The App will change over time as we improve it. We may add or remove certain features and make new services available within the App. We may impose limits on certain features or restrict access to parts or all of the App. We will endeavour to notify users of the App about material changes but this will not always be possible. We reserve the right to remove any content from the App at any time and for any reason.
App Store Terms
Your use of the App is also controlled by the Apple Media Services Terms and Conditions and Android App store Terms and Conditions for your applicable jurisdiction.
Personal Data
For information on how we (as Data Controller) use your personal data, please see the associated Privacy Policy.
The Services are not directed to children under 18. You should not use the Iona Mind App if you are under the age of 18. We do not knowingly collect personal data from anyone under the age of 18. If we learn that we have collected any personal data from someone under the age of 18 then we will promptly take steps to delete this personal data and remove the associated account.
Disclaimer and Technical Limitations
The App and the service provided through it is provided without express or implied warranty or condition of any kind, on an "as-is" basis, subject to applicable law. You agree that you must evaluate, and that you bear all risks associated with, the use of the App, including without limitation, any reliance on the accuracy, completeness or usefulness of any materials available through the App.
We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
You acknowledge and accept that your access to the App is dependent on connectivity over communications networks and facilities that are outside of our operation and/or control and that your use of the App may be subject to limitations, delays and other problems inherent in the use of such networks and facilities.
We disclaim all warranties with respect to the App including, but not limited to, the warranties of non-infringement and title. We give no warranty that your use of the App will be uninterrupted or error free, that the information obtained from the App will be accurate, complete, current, or reliable, that the quality of the App will be satisfactory to you, or that errors or defects will be corrected. You acknowledge and accept that we are not responsible for any loss or damage of any kind that you may suffer as a result of any interruption or delay to your access to the App, or as a result of any failure or error in the transfer of data over those networks and facilities in connection with your use of the App.
Third party sites or services
The App may include and link to features, websites and services that are provided by a third party. We do not control such third party sites or services and are not responsible for the content of such sites or services. Our inclusion of links does not imply any endorsement or association with their operators. The terms applicable to use of that third party service will apply and we will not be responsible for anything that is done or not done by you or the third party service provider in connection with your use of their service.
Contacting Us
If you need to contact us, please email us at terms@ionamind.com or write to us at Iona Mind Ltd, of 35 Lodge Avenue, Romford, England, RM2 5AB. If we have to contact you, we will do so by e-mail to the address you provide to us when you signed up for the App or via the App.
Disputes
Unless otherwise required by applicable law, any disputes in connection with these Terms will be governed by and interpreted in accordance with the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction to hear any claims made in relation to these Terms.
Other Important Legal Terms
You may not transfer your rights or obligations under these Terms to anyone else.
If you breach these Terms and we take no action against you, or if we delay in doing so, that will not mean that we have waived our rights against you and we will still be entitled to enforce our rights and remedies against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms.
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the remainder of the Terms will continue to govern each of our respective obligations. These Terms are not intended to give rights to anyone except you and us.
Except as otherwise expressly stated, these Terms and our Privacy Policy contain the entire agreement between us and you relating to use of the App and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us and you relating to use of the App.