Psynergy Mental Health ("we", "us", "our") operates a software platform (the "Service") that is designed to improve the mental health of organisations (the "Organisation") in the United Kingdom. These terms and conditions (the "Terms") govern the use of the Service by the Organisation. By accessing or using the Service, you accept these Terms and represent that you have the authority to bind the Organisation to these Terms. If you do not agree to these Terms, you may not use the Service.
Use of the Service
1.1 The Service is intended for use by organisations and is not intended for use by individual consumers. The Organisation is solely responsible for the use of the Service by its employees, contractors, and other authorized users.
1.2 The Organisation agrees to use the Service only for lawful purposes, and to comply with all applicable laws and regulations in its use of the Service.
1.3 The Organisation agrees to use the Service only in accordance with these Terms and any other policies or guidelines that we may provide from time to time.
1.4 The Organisation agrees to protect the confidentiality of any login credentials or other access information that we provide to the Organisation, and to immediately notify us if the Organisation becomes aware of any unauthorized use of its login credentials or other access information.
1.5 The Organisation acknowledges that the Service may be interrupted or unavailable from time to time due to maintenance, updates, or other causes beyond our control. We will use reasonable efforts to minimize such disruptions, but we cannot guarantee that the Service will be available at all times.
Privacy and Data Protection
2.1 The Organisation acknowledges that the Service may collect, use, and process personal data in the course of providing the Service. The Organisation agrees to comply with all applicable laws and regulations governing the collection, use, and processing of personal data, including the General Data Protection Regulation (GDPR).
2.2 The Organisation acknowledges that we do gather individual level data, but that these data are anonymized and are not available to be matched to individual users. We will maintain the confidentiality of all individual data, and will not share any individual data with the Organisation or any third party, except as required by law.
2.3 The Organisation agrees to indemnify and hold us harmless from any claims, damages, or expenses that may arise from the Organisation's failure to comply with these privacy and data protection provisions.
3.1 The Service and all content and materials included on or within the Service, including but not limited to text, graphics, logos, images, and software, are the property of Psynergy Mental Health or our licensors and are protected by copyright and other intellectual property laws.
3.2 The Organisation is granted a limited, non-exclusive, non-transferable license to access and use the Service for the purposes for which it is intended. This license does not include any rights to modify, distribute, or create derivative works based on the Service or any of its content or materials.
3.3 The Organisation agrees not to use the Service or any of its content or materials for any unauthorized or illegal purpose.
Disclaimer of Warranties
4.1 The Service is provided on an "as is" and "as available" basis, and we make no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials, or products included on the Service.
4.2 To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
4.3 We do not warrant that the Service will be error-free or free from viruses or other harmful components. The Organisation is responsible for implementing appropriate measures to protect its systems and data from viruses and other harmful components.
4.4 The Organisation acknowledges that the Service is not intended to be a substitute for professional medical advice.
Limitation of Liability
5.1 We will not be liable for any damages of any kind arising from the use of the Service, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
5.2 In no event will our total liability to the Organisation for all damages, losses, and causes of action exceed the amount paid by the Organisation for access to the Service.
6.1 The Organisation agrees to indemnify and hold us and our affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Organisation's use of the Service, violation of these Terms, or violation of any rights of another.
Governing Law and Dispute Resolution
7.1 These Terms and the use of the Service will be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law.
7.2 Any dispute arising out of or relating to these Terms or the use of the Service will be resolved through binding arbitration in accordance with the rules of the London Court of International Arbitration. The arbitration will be held in London, United Kingdom.
8.1 These Terms constitute the entire agreement between the Organisation and us with respect to the use of the Service.
8.2 If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.
8.3 The failure of either party to exercise any right or remedy under these Terms will not constitute a waiver of that right or remedy.
8.4 The Organisation may not assign or transfer its rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without the Organisation's consent.
8.5 These Terms will inure to the benefit of and be binding upon the parties and their respective successors and assigns.
9.1 If you have any questions or concerns about these Terms or the Service, please contact us at www.psynergymentalhealth.com/contact-us