Terms & Conditions

Conditions

These terms and conditions ("Conditions") are applicable to your use of the Website and our Services and contain the terms of the Agreement created relating to your use of the Website and our Services.

Please read these Conditions carefully before you use our Website and our Services. If you do not accept these Conditions, you may not use our Services.

If you have any questions, before using the Services, please email us at contactus@iesohealth.com.

If you are experiencing an emergency, are in crisis or need help dealing with one, seek appropriate emergency assistance, such as calling "911" or 800-273-8255 to reach the National Lifeline.

About us

"We", "us", "our", and "the Website Provider" is Ieso Digital Health Inc., located at 6363 N. State Highway 161, Suite 310, Irving, Texas 75038. We operate the Website and provide the Services. Our parent and affiliated company is Ieso Digital Health Limited, which is registered in England and Wales under number 4063351 and has a registered office (and main trading address) at Jeffreys Building, Cowley Road, Cambridge, CB4 0DS.

"You", "your", "yourself", "the Web User", and "Approved Person", in these Conditions, are the individual accessing and using the Website and receiving the Services, under the terms of an agreement between you and us, on the terms of these Conditions.

Defined terms

Where used in these Conditions:

  • "Affiliate" means any entity which controls or is controlled by us or which is controlled by an entity which controls us;
  • "Agreement" means the agreement between us and you for the provision of the Services under these Conditions;
  • "Approved Person" means a person who has completed the Website's approval procedure, including an Assessment, and has been approved by us for the purpose of receiving Services. You will become an Approved Person, on completion of such approval procedure;
  • "Assessment" means an initial assessment of the Web User by the Website Provider to see if he / she may obtain an Approved Person status;
  • "Care Team" means the person(s) you have named as being your current primary care provider or a member of your clinical team and with whom Ieso will share your information, with your permission;
  • "Client" means any entity that contracts with us to provide our Services to an eligible population identified by the Client;
  • "Conditions" means these terms and conditions;
  • "Intellectual Property Rights" means patents, registered designs, trademarks, utility models (whether registered or unregistered), applications for any of the same and the right to apply for any of the same, in any part of the world; copyrights, design rights, data base rights, topography rights, know-how; all other similar and equivalent rights arising or subsisting in any country of the world;
  • "Services" means the provision of therapy on and through the Website (through one or more sessions) pursuant to this Agreement;
  • "System" means the information systems (including hardware and software) through which a Web User connects to and uses the Website for the receipt of the Services;
  • "Website" means and includes the sites referenced as www.iesohealth.com and our related sites on the worldwide web for purposes of providing Services;
  • "Web User" means any person entering the Website, who must be older than thirteen (13) and meet the applicable age of consent to receive our services or is eighteen (18) and older.

Eligibility for services

If we discover that you are not eligible for Services, we reserve the right to withdraw our Services from you immediately. Please call us at 844 287 7770 if you are unsure about your eligibility for Services, before using the Services. We may add or delete any part or all of the Services in our absolute discretion at any time.

Our Services are intended to be provided in association with other services provided to you by your Care Team. Our Services do not replace the existing relationship you have with your Care Team. We therefore recommend that you keep your Care Team informed about the Services you are receiving from us and grant us permission to share information about your Services to your Care Team by completing the Authorization for Ieso Digital Health to Release Confidential Information.

Approval process and acceptance of conditions

You have been granted a personal, non-exclusive, non-transferable, revocable, and limited license to access and use the Services through the Website. When you agree to these Conditions, by your acceptance on the Website, you:

  • unconditionally accept the offer made to you by us, to enter into an Agreement for the Services on the terms of these Conditions;
  • agree that data provided by you to us, under that Agreement, may be used by us in accordance with our Notice of Privacy Practices (which may be viewed at this link; and
  • represent that you are able to enter into such Agreement (and are not prevented or restricted in that Agreement by any applicable law) and that all information provided by you in connection with the approval process is true and accurate.

On receipt of your acceptance and completion of your registration, you will receive an email from us confirming your registration and that the Agreement is in place on these Conditions; no Agreement is formed until receipt by you of such email. The date of such email shall be the effective date of the Agreement (“Agreement Date”).

You agree that the decision to grant you access, or allow such access to continue, in relation to all or any part of the Services is at our absolute discretion. We shall be entitled to take such time as we require to satisfy ourselves (or otherwise) of your suitability for access at the outset and may also review the position subsequently, terminating your access for any reason in our absolute discretion.

In particular, you confirm and agree that:

a) if any information provided by you in connection with the Approval Process subsequently becomes incorrect or inaccurate, you will notify us immediately; and
b) all information provided by you in any such notification, or otherwise after the Approval Process, will be true and accurate.

Please be aware that you are not required to utilize us for our Services. If at any point, you no longer wish to utilize our Services, please follow the “BREACH AND TERMINATION” provisions listed in these Conditions.

Amendment of conditions

These Conditions may be amended by us at any time and in our absolute discretion, without notice to you.

On any such amendment, the amended Conditions will be placed on the Website, in substitution for the previous Conditions. The amended Conditions will be effective and agreed upon from the date of publication on the Website (as shown). It is your responsibility to review these Conditions each time you use this Website to see if there have been any changes that may affect you. Your continued use of the Website will signify your continued agreement to these Conditions as they may be revised.

Our liability

The following provisions set out our entire liability and your attention is in particular drawn to the provisions of this clause. Although we attempt to maintain the integrity and accuracy of the information on the Website, we make no guarantees as to its correctness, completeness, or accuracy. The Website may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Website by third parties without our knowledge. If you believe that information found on the Website is inaccurate or unauthorized, please inform us by emailing us at contactus@iesohealth.com. We shall also attempt to provide Services to you with reasonable skill and care.

Notwithstanding any other provision of the Conditions, we shall have no liability to you (or to any other person) for any loss, damage, costs, claims, proceedings and expenses (including legal expenses) whatsoever awarded against or incurred or paid by you (or any other person) in connection with:

  • any failure by you to provide information requested in the approval process (including the Assessment), or subsequently, under these Conditions, or any such information which is provided by you being untrue or materially inaccurate (such information including but not limited to your psychiatric history, suicidal ideation or self-harming behavior);
  • the Website, or any part of it, being or becoming unavailable to persons generally or any category of them or any individual, or any delay arising in the communication of information from the Website; or
  • any virus, bug or other interference or access to the Website and/or any System (or any information technology system linked to it) by unauthorized persons (however arising, including by reason of our negligence) preventing or affecting the operation of all or any part of the Website or the security arrangements in connection with the Website or the failure to correct any defect in connection with the Website.

If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result and a direct consequence of our breach of these Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable and is not a direct consequence. Loss or damage is foreseeable if it is an obvious consequence of any such breach or negligence or if it was reasonably contemplated by you and us, as a consequence of any such breach or negligence, at the Agreement Date.

Our maximum liability arising under these Conditions or the Agreement will be limited to the sums paid to us by you or our Client for the Services we provided solely to you.

Notwithstanding these Conditions and the Agreement, we do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation nor will any of these Conditions restrict any of your rights under applicable law.

Indemnification

At our request, you agree to defend, indemnify, and hold harmless Ieso Digital Health Inc. and its affiliates including its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (i) any breach or alleged breach by you of these Conditions or the Agreement, or (ii) your acts, omissions or use of the Website or the Services, including without limitation your negligent, willful or illegal conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Your obligations and rights

You shall be responsible for complying with all applicable laws and regulations relating to your use of the Services and the Website. In accessing the Website and using the Services, you agree and accept these Conditions. You are responsible for ensuring that no laws or regulations applicable to yourself will prevent you from entering into the Agreement on these Conditions. You shall:

  • be older than thirteen (13), and meet the applicable age of consent to receive our services or is eighteen (18) and older;
  • not use any device, software or routine to knowingly or intentionally interfere with the proper operation of the Website or the Services or cause any virus, bug or other interference to be introduced into the Website or any System;
  • ensure that no information provided by you is obscene, defamatory, threatening, predatory of minors, harassing, abusive, slanderous, or hateful to any person or entity as determined by us in our sole discretion, or breaches any Intellectual Property Rights or other rights of others;
  • not knowingly or intentionally undertake any action which either disrupts operation of the Website or the System or imposes an unreasonable or disproportionately large load on the System;
  • not access or attempt to access any portion of this Website to which you have not been explicitly granted access;
  • not sign on as or pretend to be another person;
  • not use our Website or Services in a way that is intended to harm, or a reasonable person would understand would likely result in harm to yourself or others; and
  • not collect information about others, including email addresses.

You shall act fully in accordance with these Conditions in your use of the Website and your receipt of the Services. We expressly reserve the right, in our sole discretion, to terminate your access to the Website due to any act that we believe constitutes a violation of these Conditions. We shall also be entitled to monitor the Website and your use of the Website as often as, and in such manner as, we see fit:

Breach and termination

Either you or we can terminate this Agreement or the provision or receipt of Services by giving 48 hours notice by email, to us or you. We can terminate this Agreement immediately, without notice (but confirmed to you by email), should you be in breach of any material term of these Conditions (such breach to include but not be limited to, the provision of false information either during the approval process or thereafter).

Transfer and sub-contracting

This Agreement is personal to you. You shall not assign or transfer or purport to assign or transfer to any other person any rights under these Conditions or this Agreement (including any right to receive Services or access the Website) without our prior express approval in writing. We shall be entitled to transfer or assign or subcontract our rights and obligations under these Conditions and this Agreement without restriction or notification to you.

Intellectual property

You acknowledge that all Intellectual Property Rights in and to the Website and any rights to information, documentation, images and other material of whatsoever nature displayed on the Website are our absolute property (and/or the property of third parties contracting with us) and you shall assert no right, title or interest in or to any such matter.

The Website is for personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information displayed on or obtained from the Website. You may only download to your personal computer for viewing purposes and print out a number of pages of the Website for your personal use.

These provisions shall survive expiration or termination of the Agreement, however arising. These provisions do not involve or have anything to do with your health information as described in our Notice of Privacy Practices.

Confidentiality

All information disclosed by you or relating to you in the provision of the Services will be held by us fully in accordance with our Notice of Privacy Practices, which can be viewed at link, and our Informed Consent & Disclosure Form, which you will receive and must acknowledge prior to receiving services from us. As stated in our Notice of Privacy Practices and Informed Consent & Disclosure Form, in the event that we consider that there is a threat to your or a third party's safety during the provision of the Services, we reserve the right to contact all necessary individuals and disclose such Information as we deem necessary in order to protect you or a third party.

Passwords

It is your responsibility to keep your password safe and to ensure that when using the program it cannot be accessed by other people without your consent. We cannot accept any liability for loss or disclosure of your personal and clinical data resulting from your failure to keep your password safe or allowing unauthorized persons access to the program while it is in use by you.

Contact

Unless otherwise expressly agreed, all contact between you and us in regards to these Terms and Conditions, will be by email. For this purpose:

  • you should email us at contactus@iesohealth.com for any notice required to be given under these Conditions or any other communication concerning this Agreement; and
  • we will contact you at the email address specified in our records for you.

Notice sent by email shall be deemed to be received twenty-four (24) hours after sending unless the sender has by then received notification that the email was not received.

Linked internet sites

Our Website may contain links to other websites. Please be aware that if you follow these links, other websites may have different terms and conditions. You are solely responsible for your dealings with other websites, and we encourage you to read the terms and conditions and privacy policies on other websites.

We do not endorse and are not responsible for the content or services available on any other internet website linked to or accessed via our Website or for the terms and conditions of those websites.

Governing law, disputes, and waiver

For the Web User that resides in the United States, these Conditions and the Agreement between us shall be construed and governed in all respects in accordance with the laws of Delaware. For the Web User that resides in the United States, any dispute or differences in relation to these Conditions shall be subject to the exclusive jurisdiction and venue of the courts in Delaware.

You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving us or our employees, officers, directors, agents and providers. If any provision of these Conditions or the Agreement is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Conditions and this Agreement shall remain enforceable.

No waiver of any of these Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The failure of us or you to exercise or enforce any right or provision of these Conditions or in the Agreement shall not constitute a waiver of such right or provision.

No third party beneficiaries

There are no third party beneficiaries, intended or implied, under these Conditions or the Agreement.