Terms of Service

DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL 911 OR AN EMERGENCY SERVICE NUMBER LISTED HERE AND NOTIFY THE RELEVANT AUTHORITIES.

Please read these Terms of Use carefully ("Terms"). These Terms govern and apply to your access and use of the communication platform offered by Solace Health, Inc. (d/b/a "Solace"), Solace services available via the Solace website and Solace mobile apps (“App”) (all hereinafter collectively, “Solace”, "Service" or “Services”) and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content"). By accessing or using the Service, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you are not authorized to use the Service. The terms “You", "Your,”, “Yourself” and “User” refer to the individual user of the Service.

You hereby certify that you are (i) over the age of eighteen (18) or have your Parent/Guardian consent to use of the Service, and (ii) physically located or are a resident of the State or Country you have chosen as your current residency when creating your Account, if applicable. You agree to provide “Contact Information” (your personal contact and that of a close family member/relation) and real-time location details obtained using GPS and other location technologies to the Service to be used only in case of a mental health crisis or other emergency where this information is crucial. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of the information you provide upon registration with the Services and at any other time.

Account Enrollment

To access the Services, you must first enroll to establish an individual user account (“Account”), by providing certain information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself without first receiving express written permission from the other person. In exchange for your use of the Services, you agree to: (i)provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form (understanding you may use an anonymous user name or nickname independent of any factual information required); and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (if any) and any other security information related to your Account. Solace will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge. Solace reserves the right to suspend, delete, modify, read, or otherwise access and alter data in any account at any time for any reason or no reason at all, including (but not limited) to those listed in this agreement.

Accounts Created Through Other Organizations

In addition to the registration described above, access to the Services through an Employer or other organization may require you to provide additional registration information, or this information may already be provided to us. This information is governed by our Privacy Policy. Solace may share some information about you and your usage of the Service with your Employer or other organization if they provide your plan.

Site Content

THE CONTENT ON THE SERVICE SHOULD UNDER NO CIRCUMSTANCES BE CONSIDERED MEDICAL ADVICE OR TO PROVIDE CLINICAL DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS TALK TO AN APPROPRIATELY QUALIFIED HEALTH CARE PROFESSIONAL FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH MEDICATIONS OR TREATMENT MAY BE APPROPRIATE FOR YOU. YOU SHOULD DISREGARD ANY SUCH ADVISE PROVIDED THROUGH THE SERVICE. NONE OF THE CONTENT REPRESENTS OR WARRANTS THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. SOLACE DOES NOT ENDORSE ANY SPECIFIC TESTS, MEDICATIONS, PRODUCTS, OR PROCEDURES.

The Service operates in ways similar to a message board. Users are able to post whatever content they like, subject to the restrictions provided in these Terms of Use. Solace employs different technologies to screen and censor certain messages that:

  • Contain profanity;

  • Suggest or promote harm to others or self-harm;

  • Advise, acknowledge or promote illegal activity;

  • Disclose personal information;

  • Are demeaning or hurtful;

  • Promote products or services; or

  • Include links to content that violate any of the above.

 

Additionally, Solace also reserves the right to remove, modify, or otherwise alter any message for any reason at any time

While Solace makes every attempt to filter messages that violate our terms, we cannot guarantee the removal of all such messages. In the case where these messages appear, it is up to the User to adhere to any applicable laws and moral standards.

Acceptable Use

You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms. You shall not post, use, store or transmit (i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither Solace nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service. Solace reserves the right to remove, change, or modify any content posted on the Service.

Distribution Agreement

The following terms apply to any App accessed through or downloaded from any source (such as the Apple App Store, Google Play Store, or other similar platforms) where the App is made available (each such distribution platform an "App Provider"). You acknowledge and agree that:

These Terms of Use are between you and Solace, and not with the App Provider, and that Solace (not the App Provider), is solely responsible for the App; and the App Provider has no obligation to furnish any maintenance and support services with respect to the App claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Solace.

If you download the App, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may require that you download upgrades, updates and additional features we publish in order to improve, enhance, and further develop the software, Service, or App. The Service may change from time to time and/or Solace may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you.

Payment

Any payment you make for the use of the Services is used to compensate Solace for its software development, overhead, administrative services and other corporate costs and fees, including transaction fees for credit card usage.

‍Solace may charge additional fees for services provided by external parties, such as licensed therapists (“Therapists”). You agree to pay all fees and charges associated with your Account on a timely basis in accordance with the fee schedule provided to you by us, and the terms and rates published by Solace from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged to the credit card you provided during the initial setup of your Account or when any such payment is first required. You agree to maintain valid credit card information in your Account. Failure to do so may result in suspension of Service to you. By providing Solace with credit card information you authorize Solace to bill and charge your credit card.

If you access the Services through an Employer or other Organization sponsored benefit plan, or an insurance backed plan, your payment will be arranged by a third party “Payer” which is a third party that administers or insures the benefit program you are a member of through your employer. In this instance, you may still be responsible for co-payment or payment for additional services which are explained in your benefit program.

Providers

Solace does not directly employ any Therapists or other healthcare provider (“Providers”) matched through the Service. Such individuals that provide services, however, may be compensated. Solace works with both independent, licensed, insured and vetted professional Therapists and Providers in addition to trained individuals without any professional certification. Solace is not a healthcare organization nor a Provider of healthcare services.

Any individuals who are being compensated have either been found in compliance with the policies and procedures of Solace, National Committee for Quality Assurance (NCQA), Managed Behavioral Healthcare Organization (MBHO) standards, federal and state guidelines, and have received written approval from Solace, or have been determined to provide a benefit to the service. Individuals who are not licensed are not subject to any outside approval and are on the Service at the sole discretion of Solace.

Intellectual Property

All of the content available on or through the Service is the property of Solace or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of Solace or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.

"Solace" and all related Content created by Solace is proprietary to Solace and, where applicable, we claim all available and applicable copyright and trademark rights afforded thereto by law. All rights reserved. Subject to the terms of this Agreement, Solace hereby grants you a limited, revocable, non transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service.

The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.

Disclaimers

ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SOLACE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Without limiting the foregoing, Solace does not warrant that access to the service will be uninterrupted or error-free, or that defects, if any, will be corrected. You expressly agree that your use of the Service and your reliance upon any of its contents is at your sole risk.

You shall be solely and fully responsible for any damage to the Service or any computer system, any loss of data, or any improper use or disclosure of information on the service caused by you or any person using your username or password. Solace cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet, or for your misuse of any protected health information, advice, ideas, information, instructions or guidelines accessed through the service.

Limitations of Liability

In the event of any problem with the Service or any of its content, you agree that your sole remedy is to cease using the Service. Under no circumstances shall Solace, any Solace licensor or supplier, or any third party who promotes the Service or provides you with a link to the Service be liable in any way for your use of the Service or any of its content, including, but not limited to, any errors or omissions in any content, any infringement by any content of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any content.

UNDER NO CIRCUMSTANCES SHALL SOLACE, ITS LICENSORS OR SUPPLIERS OF NON-MEDICAL / MENTAL HEALTHCARE SERVICES OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF SOLACE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT SOLACE’S AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU TO US IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF ANY SUCH CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Hyperlinks

Any link (including a hyperlink, button or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by Solace, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship to Solace. Solace does not endorse the content on any third-party websites. Solace is not responsible for the content of linked third-party websites or third-party advertisements, and does not make any representations regarding its content or accuracy. Solace does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

International Use and The GDPR

Solace is only available for download and use in the United States. It is not authorized for use in any other country or territory at this time. Downloading or using the Service in any country or territory where it is not supported is forbidden. By using Solace, you agree that you are a resident or are legally residing in a supported country or territory. Data is currently stored on US servers, with some third party servers being hosted in Japan.

In the United States, laws require at least seven years of retention for medical data. This is common around the world and is sometime up to ten years or more in certain countries. So, unlike some data platforms, Solace cannot erase private health data directly upon a User’s request, as it may be considered essential for other medical file retention purposes. Applicable individual country medical retention laws are generally considered an acceptable exception to the GDPR regulations regarding the right to deletion of certain data. Solace will inform you when storing any medical records.

Termination

Solace may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. Solace has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Solace reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.

Privacy

You affirmatively consent to the fact that Solace's Emplyees can, as needed, review any messages or data recorded when you use the service. This data may be linked to your username, email, or unique device identifier. How we use this data is governed by our Privacy Policy.

You consent to Solace recording any calls or support requests to Customer Service to assure quality assurance.

All de-identified data, meta-data, and research data collected by Solace through your use of the Services remains the sole property of Solace. Solace may share some or all of this research data with third parties in connection with joint or outside research, analytics, or similar purposes. Research data is used in non-identifiable aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. You shall not request that Solace remove or delete any of such data.

You agree that the email username you provide can be used by Solace to send you marketing offers from Solace.

You acknowledge that Solace must store all personal data as required by law, typically for no less than seven (7) years, and may not delete such medical records data, even upon your direct request.

Special Programs

From time to time Solace may offer free programs to its Users. These include, but are not limited to topics related sexual assault LGTB issues, PTSD and other specific issues. These programs are limited to a certain number of individuals and chosen conditions for which you may not qualify. Your participation in these programs is voluntary and separate agreements and waiver forms may be required.

Solace may participate in research studies with select universities. You may be offered the opportunity to participate in these studies. These studies may include separate agreement forms, waivers and confidentiality terms that you will have to review and accept separate from these Terms.

Gift Cards

Gift cards are available for purchase to be used solely towards the use of the Service (“Gift Card”). A Gift Card is not a credit or debit card and has no implied warranties. A Gift Card is not redeemable for cash unless required by law and cannot be used to make payments on any charge account. Gift Cards cannot be used to buy other Gift Cards. Gift Cards are not valid or redeemable after the expiration date associated with the Gift Card. Solace reserves the right to deactivate or reject any Gift Card issued or procured, directly or indirectly, in connection with fraudulent actions, unless prohibited by law.

Lost or stolen Gift Cards can only be replaced upon presentation of original sales receipt for any remaining balance. It will be void if altered or defaced.

Solace is not responsible for emailed Gift Cards that do not reach their intended recipient for any reason. Bounced email is not monitored.

Solace makes no warranties, express or implied, with respect to gift cards or your Solace balance, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. in the event a gift card is non-functional, your sole remedy, and Solace’s sole liability, will be the replacement of that gift card. certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Disputes

Any dispute or claim relating in any way to your use of the Solace Service will be resolved by binding confidential arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Terms.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must interpret these Terms as a court would.

It is agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Solace and you each waive any right to a jury trial. It is further agreed that you may not bring suit in court to enjoin infringement or other misuse of intellectual property rights.

General

These Terms are governed by the laws of the State of Delaware, without regard to any conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the New Jersey courts in the cases that arbitration is not successful or is assigned or appealed to a civil court. Solace’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by Solace may be delivered by electronic mail to the address provided during the creation of your Account. These Terms constitute the entire Agreement between Solace and yourself regarding the Service, and supersede and replace any prior agreements you and Solace might have regarding the Service. Solace may revise these Terms from time to time without notice to you. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read the stems periodically.

This policy is effective as of __ March 2020.