SUBJECT AND THE SCOPE OF THE TERMS

The subject of this Terms of Use (“Terms”, “Agreement”) is to inform all users (“User”, “You”, Visitor”) visitors about Happymind (“We”, Company”, “Us”, “Our”) application and the website services (“Services”) and how to use these Services. Also, it determines the rights, liabilities and the obligations of the Users and Happymind. If you have any question or comment about Terms, please send us via e-mail to info@happymind.com

RIGHT TO CHANGE THE TERMS 

By signing up to our service you declare that you agree to the Terms stated in these Terms and conditions and our privacy policy. Happymind always tries to improve the Services and performs legal obligations properly. Thus, we reserve the right to change Terms at any time due to legal obligations or changes in the service provided. In this case, we will notify you in 5 days advance where possible. We do not process refunds to users who cancel or delete their subscriptions in this case as our terms are clearly documented in the tutorial pages and our website before you do the purchase or signup to the service.

We may suspend or discontinue any part of the Services or 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 or change 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. 

The Terms and Conditions document presented to you during your signup via our mobile applications will be considered as the present terms. You can always access the Terms on our Services any time and we also send the Terms to You as part of the confirmation email.

If you do not agree to any of these Terms you should immediately stop using the service and reach out to support@happymindlabs.com and ask your account to be deleted. 

HAPPYMIND AND SERVICES

Happymind is serves users self-development assistance with our mobile apps and chatbot and test programs available in the apps. WE do not give MEDICAL ADVICE, serve MEDICAL TREATMENT, OR DIAGNOSIS. Happymind is inspired by medical methods in relation to its working principle, but it can never be used as a treatment method alone or as an alternative to available medical practices. Therefore, the Services do not include any kind of medical care, mental health treatment, psychological or other professional and medical services.

Happymind is a chatbot conversation program with artificial intelligence technology and does not have human interaction. This artificial intelligence technology analyses and distinguishes the events, feelings and thoughts written on the chat board of the users. This artificial intelligence then helps users to observe their thought patterns among such events and offers some self-help exercises for users to produce alternative thought methods for managing their misleading thoughts and associated complains. These conversations are recorded anonymously within the application and Happymind may access users’ previous and current conversations.

These analyses and suggestions are not final and medically definitive and do not include any medical diagnosis or treatment. They are limited only to personal development and mental wellbeing recommendations within the capabilities of our system and limited to our know-how. In this regard, we would like to highlight again that Happymind is not a Medical mental treatment service.

There is also a test program prepared in the question-and-answer form in the application. Users can understand their thought patterns by using this test. This test determines the associated mental schemas, according to the users’ inputs. A schema test, suggestions and associated exercises consists of information and guidance on coping styles. This test service provides users suggestions and how to act to improve coping skills with the schemas as our NON-Medical suggestions.

USERS SHOULD STOP USING THE SERVICES IMMEDIATELY IN CASE OF CONSIDERING OR COMMITTING SUICIDE, FEELING HARM TO THEIR SELF AND/OR OTHERS, AND GO TO THE NEAREST PSYCHIATRIC HOSPITAL OR CLINIC.

Happymind is not obligated and cannot (as there is no human monitoring the conversations) inform or report any known or declared emergencies or unlawful actions to authorities, institutions or health organizations. Please contact your local protective authorities immediately if you have any knowledge or suspicions about the situations mentioned above.

MONITORING RIGHT

Happymind reserves the right to monitor and login to your account in order to;

  • prevent fraud, criminal activity, or misuses of our Service, 
  • ensure the security of our IT systems, architecture and networks; 
  • comply with legal obligations and legal process; and 
  • protect our rights, privacy, safety or property, and/or that of our affiliates, you or other third parties.

SUBSCRIPTION AND PAYMENT

We recommend HappyMind to be used by only people aged +13 and older.

  • Account Creation and Deletion

You must create an account (“User Account” or “Account”) to use the Services by following the registration instructions in the application. You can have a personal or cooperate account on Happymind.

For personal account; you should provide us with certain personal data such as name, address, and email address in the registration form. You should choose to yourself a user name and password. For cooperate account; you should provide us with certain data such as company name, company tax number, address, business segment and email address in the registration form or a Corporate ID secret code to pair your personal account with the corporation you are working for. In Happymind only end users can connect their personal accounts to corporate accounts by entering the pairing code provided them by their license provider corporation. These codes that will be provided to them to pair their accounts are personal and should not be shared or disclosed to public or anyone else. 

You must submit all personal data information mentioned above as true, complete and accurate. If for any reason any information you submit becomes untruthful, inaccurate and/or incomplete, you agree that you will update that information to maintain its accuracy or else you accept that we have the right to delete your account without a prior warning.

After confirming that you are eligible for the membership conditions, we will accept your registration and send you a confirmation e-mail for registration. Each User can only register once.

All users can delete their account at any time they want and for any reason. We should remind you that also we have certain rights to delete or suspend your account stated under the Term and Termination clause. If you want your account to be deleted, please reach out to us on support@happymind.com. 

If a user deleted their account with Happymind this agreement will be deemed as terminated between that user and Happymind on the date of account deletion.

All users are responsible for maintaining the confidentiality of their password and account and the activities that occur under their Account. You should notify us immediately if you suspect or become aware of any unauthorized use of your Account or any other breach of security by emailing support@happymind.com. Happymind will not be liable for any loss or damage arising from your failure to comply with this Section.  

Corporate clients have the right to create sub-users accounts to their accounts at the limit as determined by Happymind and agreed mutually based on commercial terms. Corporate linked users can use the Happymind app as if they have purchased a premium account. Happymind never shares the personal exercise contents chatbot data of sub-users with the company account users. Happymind shares only high-level data like the frequency of application usage data, general usage analytics etc. with the Corporate clients.

  • Free Services (Non-payment Subscription)

Happymind offers some exercises, content and some functionality (“Non-paid Subscriptions”) for free from time to time. However, all users must register an account to use them. 

  • Premium Account (Paid Subscription)

Happymind offers certain premium versions, features and/or functionality (the “Paid Subscriptions”) for a fee. By purchasing and using the Premium Account, including signing up for Free Trials of the Premium Account, you agree to pay any fees (on stated terms and dates as mentioned in the purchase screens) or other incurred charges that may apply related to the Premium Account (such as in app purchases and add-ons).

Unless stated otherwise, all fees due for the Premium Account are payable in advance and will be billed automatically to the Payment Method at the start of the monthly or annual Premium Account period, as applicable and as clearly expressed in the purchase screen of the app. Unless otherwise stated, Premium subscription will auto-renew until you cancel your subscription.

Happymind reserves the right to change the premium and free service contents, charges, pricing and offers time to time with prior notification to end users and corporate clients where possible.

  • Paired accounts with therapist or consultants

Happymind end users may choose at their own discretion to disclose their personal data and all exercise data including all their session data, information with the 3rd parties. This service is only available with 3rd parties that are subscribed to HappyMind as a partner and data observer so cannot be provisioned to any 3rd party. 

Within this service 3rd parties will be provided with a secret passcode that they can pass onto Happymind users. And if a Happymind user in its own discretion enters this pairing code to the pairing function in the app the account will be paired that moment onward until they unpaid from the same section from the app. 

In this use case, Happymind is not responsible about whom the end user chooses to share their data with, how the user’s data is used by 3rd parties and any associated matters relating to the shared data and the 3rd party. And Happymind does not commit on any quality of service on this feature as this is a beta service.

And this service may be subject to a separate tariff aside from premium membership terms and limited to be used by some of the users.

Users and 3rd parties are responsible for their data security and securing their pairing code safety. Happymind assumes no responsibility for the security of the data shared in this way.

  • Free Premium account Trials

We sometimes offer free trials of our Premium Account for all features or some in our own discretion. A Free Trial will provide users access to the Premium Account for a certain period of time, which we will always communicate during the subscription or signup process.

The Free Trial period will start as users create their subscription to the packages. Discounted prices are the prices that Happymind determines without application of any discounts. We will charge you based on NON-crossed out price in the subscription page. The associated Payment will be charged by the Appstore that you are using to make purchases. Subscriptions automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period, otherwise account will be charged for renewal within 24 hours prior to the end of the current period. You will be charged at the same rate of the current plan you choose if the plan is still available or not changed. You can manage your subscription and turn off auto-renewal by going to your Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable. If a user does not upgrade their account during the free premium trial period or cancel their trial and any associated package subscription the account will be automatically downgraded to a free account.

Paid Subscription features and content may change at any time, and we cannot guarantee any specific feature or content will be available for the entire subscription period. The rates in effect when you sign up for will be the same, unless we notify you otherwise. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial offer, your access to the premium Subscriptions during the Free Trial, or any of these terms without notice and with no liability. You may not sign up for more than one Free Trial of a given Premium Subscription, and we reserve the right to limit your ability to take advantage of multiple Free Trials.

Happymind reserved right in its sole discretion to adapt and change pricing, apply promotions or discontinue any tariff or promotions anytime.

  • Subscription

Users can manage their subscription from associated app store, cancel it, or turn off automatic renewals through their Apple App Store, or Google Play Store account. If users cancel the subscription, it will remain active until the end of their current subscription period and will go into effect at the end of the current billing period for premium users. Users may access their Premium Account services through the end of this period. Users cannot make any changes to their account once they have cancelled their Premium Subscription. We should remind you that uninstalling Happymind will not cancel your subscription.

TERM AND TERMINATION 

This Terms of Use will remain in full force and effect while you use the Happymind.

All users may cancel your subscription at any time with effect from the end of their current subscription period by sending request to info@happymind.com.

Please note that if you subscribe through the Apple App Store or our iPhone application, you can cancel your subscription by disabling auto-renewal of paid in-app subscriptions. To do this, you must select “Manage App Subscriptions” under Settings in your App Store Account and then select the subscription you wish to change. If you subscribe through the Google Play Store, you can cancel auto-renewals in the Account Settings under “Subscriptions” in the Google Play app or by following the procedure provided by Google Play.

In case of users do not cancel their subscription before the end of their current subscription period, the subscription will continue for a further period.

Happymind may extraordinarily suspend or terminate your use of the web-site or application for cause, including, without limitation, fraud on your part. Such termination or suspension may be affected immediately and without prior notice, if it is not reasonable for Happymind to notify You in advance, taking into Account the circumstances of the individual case and weighing the interests of both parties. Good cause entitling us to terminate your use of the Services for cause exists, in particular, if:

 - You copy or download the audio or video content of the Services without permission,

 - Your use of the Services may constitute a violation of any applicable laws or regulations.

Please refer to our Privacy Policy, as well as the licenses above, to understand how we keep and use your data you provide to us after you have stopped using Happymind.

Happymind can delete the premium accounts of all / any specific users by providing refunds to the related user which will be calculated based on the total fee paid for the active subscription divided by remaining months at the date of termination. By doing so Happymind may choose to terminate this agreement with the associated end user the date of this refund and in such case Happymind will sent a notification email to such end users following the refund. However Happymind reserves to terminate this agreement with free users and delete free accounts without any compensation but with written email notification to those users at any time.

DATA PROTECTION AND CONFIDENTIALTY 

In the context of the use of our services, it is necessary to process certain personal data of our users. For the processing of personal data by Happymind, our Privacy Policy applies, which is available under Privacy Policy page of our APP and updated from time to time, as well as on our website and in the application. You can read which personal data we process, for what purpose they are processed, and on what legal basis in our Privacy Policy.

REFUNDING

For purchases conducted through the App Stores, you can request a refund from app stores only. For all purchases made through the App Stores, App stores acts as the distributor and handles refunds itself. You accept and acknowledge that We cannot make a refund for purchases conducted through the App Stores. For more information on Apple’s refund process please refer to https://support.apple.com/en-us/HT204084.

For purchases conducted through Google Play Store and/or the Website, Happymind evaluates the refund requests at its sole discretion provided that the refund request is submitted within 14 days following the conclusion of the contract.

Happymind sets the monthly and annual fee for the premium account at the beginning of each year and does not change it again during the year.

APPLICABLE LAW

This Terms of Use is governed by English law and we both agree to submit to the non-exclusive jurisdiction of the English courts. This means that, if you are a citizen of a country in the EU, you may bring a claim to enforce your consumer protection rights in connection with these Terms in England or in the EU country in which you live.

SEVERABILITY

In the event that any portion of this Terms of Use is determined to be void or unenforceable, such portion will be limited or eliminated to the minimum extent necessary such that the remainder of this Terms of Use will remain in full force and effect.

ASSIGNMENT

The rights and obligations under this Agreement may be assigned and transferred to a third party by Happymind without the prior consent of the users.

INDEMNIFICATION

The user indemnifies Happymind from all claims that are asserted against Happymind due to a violation of legal requirements or prohibitions laid down in these Terms for which the User is responsible. The User assumes all costs incurred by Happymind, including the reimbursement of costs of necessary legal representation.

LIMITATION OF LIABILITY

Happymind shall not be liable to users or any other third party for any direct or 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 any matter beyond Happymind’s reasonable control.

We reserve our rights against such third parties, including the right to commence legal proceedings.

INTELLECTUAL PROPERTY INFORMATION

Copyright © 2022 Alegra Digital Limited. All rights reserved. 

The Service content, software, all trademarks, logos and service marks (“Intellectual Properties”) is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. You are not permitted to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service.

In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Happymind, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Happymind.

The Happymind name and all other logos, marks, and identifiers are trademarks and service marks of Happymind (collectively the “Happymind Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Happymind. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Happymind Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Happymind Trademarks will inure to our exclusive benefit.

LEGAL NOTICE

This Terms of Use is a binding agreement for all users who use the Happymind website or the application. Please do not use the application or our website if you do not want to accept these terms.

We aimed to prepare our application and website in good faith and professionally to offer the best service for our users. Nevertheless, all the content on our application and website serves as general information. We do not guarantee and undertake the reliability and sufficiency of this information under any circumstances. We would like to inform you that Happymind consists only of self-help work and personal development suggestions and should not be used for medical treatment under any circumstances.

Happymind is protected legally by trademark registration as a brand name. Any other person or institution cannot use our brand name in any way or for any purpose without our prior written consent.

DISCLAIMER

You need to know that Happymind is not for providing clinical psychiatric or psychological diagnosis, advice or treatment. In the event that information you provide indicates that you are considering suicide or self-harm, diagnosed with a psychiatric condition or require urgent medical assistance, you should speak to a doctor or a an appropriately qualified healthcare professional. In the case of an emergency, please call emergency services immediately.

Happymind services are not intended for diagnosis or medical advice or treatment. Happymind services must not be used as a replacement for an appropriately qualified medical professional.

NO LICENSED MEDICAL PROFESSIONAL-PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION AND/OR SERVICES PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM HAPPYMIND. THE CONTENTS OF THE HAPPYMIND APPLICATION IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF THE SERVICES PROVIDE YOU WITH ANY POTENTIALLY ACTIONABLE INFORMATION, THIS INFORMATION IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND FOR DISCUSSION WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE HAPPYMIND SERVICES. WE MUST REMIND YOU THAT YOU ARE SOLELY RESPONSIBLE FOR SEEKING THE MEDICAL ADVICE OF QUALIFIED HEALTH CARE PROFESSIONALS FOR QUESTIONS REGARDING A MEDICAL CONDITION, DIAGNOSIS OR TREATMENT. DO NOT USE THE HAPPYMIND SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU NEED A MENTAL HEALTH THERAPY SERVICES, YOU SHOULD CONTACT A QUALIFIED HEALTHCARE PROFESSIONAL IN YOUR AREA. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL YOUR COUNTRY’S LOCAL EMERGENCY SERVICES. YOUR USE OF INFORMATION PROVIDED ON AND THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR MADE AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.