PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
The Terms of Use below are intended for subscribers of MindRight’s Coaching Service. For general website use, you can access our Terms of Service here.
Subscriber Terms of Use
Effective date: February 28, 2024
Welcome to MindRight. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at
1-888-878-8697
1 Washington Park 7th Floor, Newark, NJ 07102
This MindRight User Agreement (“Agreement”) is a legally binding agreement between you and MindRight Health, Inc., (“MindRight,” “we,” or “us”) governing your use of one the MindRight website and text messaging service (the “Service”). Please read all information contained in this Agreement and other information available on our website located at www.mindright.io. By using the Service, you assume the risks associated with its use.
Mindright Services are tools to help individuals grow and heal. Our coaches listen and provide individual support regardless of the topic. Our coaches will reach out to you, or they will be available to help with your concerns. Information you enter in the Service, along with other information on the website helps MindRight and healthcare professionals involved in your treatment to better understand and manage your risk. To provide you with the Service, information gathered through your use of the Service may be shared with other third parties connected to your healthcare and treatment as allowed by applicable law.
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE.
1. Acceptance. By indicating your acceptance and registering for an account, YOU INDICATE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this Agreement, decline where instructed and you will not receive access to or use of the Service.
2. Use of the Services. To use the Service, you must agree to receive SMS Text Messages (captured separately) at the phone number you provide. You agree to take all reasonable efforts to keep your phone secure and to prevent the unauthorized persons from using your phone to communicate with MindRight. You are responsible for anyone you allow to access your phone and send text messages to MindRight. If you believe your phone has been compromised, notify us as soon as possible. If you fail to do so, we are not responsible for any damages you sustain because of any unauthorized use of the Services. You may be responsible for damages we sustain because of unauthorized access to the Service.
3. User Support & Communication. By agreeing to access the Services, you agree that MindRight’s staff and, as applicable, the healthcare provider that arrange for you to use the Service, may: 1) contact you to assist you with the Service and 2)) to ask your feedback on the Service. You agree that MindRight may contact you (using the information you provided at registration) via email, telephone, cell phone, and SMS/text messages.
4. Cancellation Policy; Scheduling Changes. If you are unable to attend your appointment for the Service, you are responsible for rescheduling or canceling your appointment using the method as provided by us as soon as possible. A failure to show up for your appointment will be considered a “no show." If you no-show, reschedule, or cancel appointments frequently, we reserve the right to limit or terminate your use of MindRight’s Service, in which the former may include limiting your right to receive the Service for a particular day of the week going forward (e.g., all Wednesdays from thereon) and reserving such days for another user.
If you believe a no show or cancellation has been linked to your account erroneously, you may dispute it by contacting us at hello@mindright.io.
5. Not Medical Advice. The Service is intended to gather the personal health-related information you enter and to help you develop strategies to overcome challenges. The materials provided through the Service, are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on the website or received through the Service. The information collected by MindRight might not be up to date and should be viewed by you and your health care providers as informational only. If you think you may have a medical emergency, call your doctor or 911 immediately. MindRight does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on our website or through the Service. Reliance on any information provided by MindRight, or by other members, is solely at your own risk.
6. Content. By providing User Content, defined below, you represent that you own or have the necessary permission to use and authorize the use of User Content as described herein. You agree that any User Content you enter provide in connection with the Services is specific to you and not entered on behalf of another person. You may not imply that User Content is in any way sponsored or endorsed by MindRight. By providing User Content, you grant us a worldwide, royalty-free, non-exclusive, and fully sub-licensable (through multiple tiers) right to use, reproduce, modify, adapt, publish, translate, create derivate works from, distribute, perform, and display the User Content (in whole or in part) and/or to incorporate such User Content into other works in any form, media, or technology now known or later developed for the purposes of providing the Service (e.g., processing data you enter and supplying corresponding output data to you). You understand that the technical processing and transmission of User Content may involve (a) transmission over various networks and (b) changes to conform or adapt to technical requirements of connecting networks or devices. You are entirely responsible for all User Content. Accordingly, we do not control any User Content and, as such, do not guarantee the accuracy, integrity, or quality of any User Content and are not liable for any errors or omissions in any User Content or for any loss or damage of any kind incurred because of the use of any User Content. “User Content” means text, emoticons, images, photos, audio, video, location data, and all forms of data, information, or communication, including PHI and PII, that you submit or transmit to, though, or in connection with the Service.
7. Personal Data. You agree that we may collect Personal Data such as you name, phone number email address, age, and any other information you provide. If you text our coaches, we may collect the text message history between you and the coaches and aggregate the data about those conversations
8. Agents. We may employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may share information with insurance providers, therapists, coaches, hosting service providers, and analytics providers to facilitate use of or payment for the Service. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us or to allow you to access the Services.
9. Updates. We may, but need not, issue policy and Service updates, (collectively “Updates”). When we issue Updates, we may, but are not required to, notify you. Your continued use of the Services after any Updates is your consent to the update. It is your responsibility to check these terms and conditions from time to time to be aware of any updates.
10. Privacy. For the purposes of the Service, we may, depending on the nature of our relationship with other entities, be either a “Business Associate” or a “Covered Entity” as defined by HIPAA (the federal Health Insurance Portability and Accountability act), and have certain federal, state and contractual restrictions as to how we can use your “Protected Health Information” (PHI). Additionally, we are required by federal and state data protection laws to protect the confidentiality of your Personally Identifiable Information (PII). Your PHI and PII include, but are not limited to, your name, address, email address, telephone number(s), date of birth, race, sex, type of diseases or cancers, current medications, medication schedule, disease symptoms, disease triggers, family history and your general medical history. When acting as a Business Associate or Covered Entity, we may use or disclose your PHI and PII for any lawful purpose. In addition, as part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service, which you may not be able to opt-out from receiving. We may access or disclose information about you, your use of the Services and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this Agreement; including use of the Service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of MindRight, its employees, its customers or the public. To provide the Service to you, we might need to share your limited amounts of your User Data with third parties involved or connected to your healthcare and treatment MindRight has no responsibility for access, use or disclosure of your data by these third parties.
11. Use of De-Identified Data. MindRight may use your PHI and PII to create aggregated health information and de-identified data for any lawful purpose, such as the improvement of our products and services. We remove personally identifiable information that can reasonably be used to identify you.
12. Termination for Breach. MindRight may terminate your access to the Service at any time if we reasonably believe, in our sole discretion, that you are in violation of this Agreement. This Agreement shall terminate immediately if you fail to comply with any provision of this Agreement. This Agreement will terminate immediately upon the termination or expiration of the agreement between MindRight and the third party through which you receive the Service or, for those individuals who access the Service independently, upon your termination of your use of the Services.
13. NO WARRANTY. Though we want to provide you with a great service, your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing and to the maximum extent permitted by law, MINDRIGHT DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. We will not be responsible or liable for any harm to your computer system or mobile device, loss of data, or other harm that results from your access to or use of the website or Service. You also agree that MindRight has no responsibility or liability for the deletion of, or the failure to store or to transmit, any information or data and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error free basis. No advice or information, whether oral or written, obtained from MindRight or through our Service, will create any warranty not expressly made herein. THIS DISCLAIMER OF WARRANTIES MAY NOT BE ALLOWED IN CERTAIN JURISDICTIONS, SO THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU.
14. Limitation of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MINDRIGHT, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, AND (V) ANY DAMAGE TO EQUIPMENT CAUSED BY THE SERVICE AND ANY COST OF RECOVERING LOST DATA OR OF REPROGRAMMING WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, PERSONAL INJURY OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MINDRIGHT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU.
15. Copyright and Restrictions on Use. You acknowledge that the Service, the process and technologies included therein, as well as any other information or materials made available to you by us are valuable assets, trade secrets, and/or copyrighted material of MindRight and that we retain title to them. Under no circumstances may you copy the Service or the accompanying documentation, if any, for the purposes of distribution to others, nor may you remove the copyright notices on the Service or the accompanying documentation. You may not: (a) disassemble, decompile, reverse engineer, reproduce, alter or attempt to derive the source code of the Service nor permit any third party to do so; (b) obtain for or assist third parties to obtain unauthorized access to the Service; (c) copy the Service; (d) modify or create derivative works based upon the Service; (e) attempt to delete, disable, or otherwise circumvent any security measures on the Service; or (f) assist, permit, or authorize any third party entity to perform any of the activities prohibited by this Agreement.
16. Web Analytics. Some elements of the Service provide real-time access to aggregated data on youth emotional wellness, real-time alerts in escalated and crisis situations, and screening for ACEs scores and trauma exposure to help improve our Service(s).
17. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of laws principles. Nothing in this Agreement will be deemed to create an employment, partnership, agency or joint venture relationship between you and MindRight. If any provision of this Agreement is held invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MindRight without restriction. Our failure to act with respect to a breach of this Agreement does not waive our right to act with respect to subsequent or similar breaches. MindRight does not guarantee it will take action against all breaches of this Agreement.