Last Updated: July 29, 2022
1. AGREEMENT TO BE BOUND
These Terms of Use (“Agreement” or “TOU”) is a legal agreement between you as the employee, contractor or associate of Starling Mind’s client (“Member”) and Starling Minds Inc. having an address at 400-610 Main Street, Vancouver, BC V6A 2V3 (“Starling Minds”, “we” or “us”). This TOU governs your access and use of the Starling Minds website (the “Website”), Starling Minds’ online product, application or service (including any online cognitive behavioural therapy (CBT) module training programs) (together, the “Programs”) as well as any Account (defined below) you use to access the Programs offered by Starling Minds Inc. (“Starling Minds”, “we” or “us”).
BY CLICKING “I ACCEPT”, YOU HEREBY ACCEPT THE TERMS OF THE STARLING MINDS’ PRIVACY POLICY AND ACCEPTABLE USE POLICY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OR OTHERWISE ACCESS THE PROGRAMS.
You must be over the age of 16 to use the Programs. If you are under the age of 16 do not use the Programs.
IMPORTANT NOTICE REGARDING ARBITRATION: When you agree to these terms you are agreeing to resolve any dispute between you and us by binding arbitration. You are waiving your rights to a trial by jury.
2. LICENSE AND USE
The Programs are provided to you via a software-as-a-service method and is licensed; not sold. All elements of the Programs are owned by Starling Minds. You may use the Programs only while you are an employee, contractor, associate or person authorized by the organization who has entered into a contract with Starling Minds for the use of the Programs (“Client”). Once the Starling Minds-Client contract expires you may no longer use the Programs.
You agree to use the Programs in accordance with Starling Mind’s Acceptable Use Policy.
The Programs are the basis of a digital mental health platform. They are for self-help, education and as a therapy tool. They are not intended as a substitute for advice of health-care medical professionals. They do not and are not intended to create a medical professional-patient relationship. In using these Programs you assume full responsibility for the use of the information. Use of the Programs is not for emergencies.
If you think you have a medical or mental health emergency, call an emergency number or go to the nearest open clinic or emergency room. If you are considering or committing suicide or feel that you are a danger to yourself or others, immediately stop using the services, call an emergency number or notify appropriate police or emergency medical personnel.
Through these Programs we may recommend that you seek professional medical advice from a medical professional if we do not feel that the Program is appropriate for you.
3. ACCOUNT INFORMATION
When creating or updating an account on the Program (the “Account”), you may be required to provide us with certain information. All information associated with your Account is held in accordance with the Starling Mind’s Privacy Policy; this information may include information about you, your health and/or healthcare (“Personal Information”). Any activity associated with your Account is assumed to be conducted by you so please ensure you comply with Starling Minds’ Acceptable Use Policy.
If you wish to access, correct, update, or request deletion of your Personal Information or to cancel your Account, you can send us an e-mail at members@starlingminds.com.
Certain jurisdictions provide their residents specific privacy rights under applicable law. We will process your requests to exercise such rights, including if you object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information, in accordance with applicable data protection laws. You may send us an e-mail at members@starlingminds.com.
If we process your Personal Information in reliance upon your consent, you can contact us at any time to withdraw your consent.
4. YOUR RESPONSIBLITY
We store all your Personal Information on secure servers located in North America. Where you have chosen a password that enables you to access your Account, you are responsible for keeping this password confidential. We ask you not to share your password or your Account with anyone.
If you become aware of or reasonably suspect any breach of security or compromise of your Account immediately notify us and modify your login. If the device or computer on which you have Account login details is lost or stolen immediately notify us and modify your login.
The Programs have an automatic logout function after 30 minutes of inactivity. You will also be required to enter a password when entering or modifying any Personal Information, so if someone uses your device or computer your Personal Information would still be protected if you protect your login.
5. CONTENT AND USER-GENERATED CONTENT
“Content” on the Programs includes assessments, questionnaires, evaluations, exercises, training modules, software, text, articles, widgets, messages, links, emails, polls, music, sound, graphics, pictures, video, audio, code, and all other material appearing on or emanating from the Program, as well as the design and appearance of our Website and application.
Content also includes user-generated Content (“UGC”) such as comments and quotes. UGC includes but is not limited to Account information, Assessment Information (as defined in the Privacy Policy), and any other Content that you contribute to the Program. You are responsible for all UGC or Content you contribute and you represent and warrant you have the right to contribute and/or use such Content.
All Content (with the exception of third party content) is and will remain owned by Starling Minds or our affiliates, subsidiaries, licensors or suppliers. We reserve all right, title and interest in the Content and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms. Making unauthorized copies or distribution of Content may result in the termination of your Account, prohibition from use of the Programs, and further legal action. You agree to indemnify and hold us harmless from any breach of these Terms by you.
6. TERMINATION OF PROGRAM
We may terminate access to the Programs on 30 days notice to you. We may immediately terminate access to the Programs if you violate the terms of this TOU or if the contract between Starling and the Client sponsoring your access to the Starling Programs is terminated. Alternatively, we may issue you a warning for violation of this TOU or temporarily block your use of the Programs. You may cancel your Account and terminate your use of the Programs at any time.
Once your Account is cancelled and your access to the Programs is terminated all your Personal Information will be deleted except to the extent we are required by applicable law to retain such information.
7. DISCLAIMER AND LIMITATION OF LIABILITY
The use of the Programs is not intended to replace or substitute the advice of a medical professional or other qualified healthcare provider. DO NOT USE INFORMATION CONTAINED WITHIN THE PROGRAMS TO DIAGNOSE OR TREAT A MEDICAL CONDITION OR HEALTH PROBLEM. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN WHILE USING THE PROGRAMS.
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION AND/OR SERVICES PROVIDED BY OR THROUGH THE USE OF THE PROGRAMS OR THROUGH ANY OTHER COMMUNICATIONS FROM US.
THE PROGRAMS DO NOT PROVIDE AN EMERGENCY OR CRISIS RESPONSE. IF YOU ARE FEELING SUICIDAL OR IN A CRISIS, OR IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL “911” FOR AMBULANCE, POLICE, OR FIRE SERVICE IMMEDIATELY, OR GO TO THE NEAREST HOSPITAL EMERGENCY DEPARTMENT. THE PROGRAMS ARE SUPPLIED WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND INCLUDING THOSE REGARDING NONINFRINGEMENT OF THIRD PARTY RIGHTS, DURABILITY, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL STARLING MINDS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS.
8. GENERAL PROVISIONS
8.1 This TOU may be modified at any time by notice to you. If you access or choose to continue to use the Program after the effective date of the change, you are deemed to have automatically accepted the change.
8.2 This TOU, and the Starling Minds Acceptable Use Policy and Privacy Policy, contain the entire understanding of you and us with respect to the Program.
8.3 This Agreement is governed by the laws of the Province of British Columbia, Canada. All disputes arising out of or in connection with this Agreement, shall be referred to and finally resolved by arbitration or mediation under the rules of the British Columbia International Arbitration Centre. The place of arbitration of mediation shall be Vancouver, British Columbia, Canada.
8.4 Your interactions with third parties (ie organizations and/or individuals found on or through the Programs are solely between you and such organizations and/or individuals. If there is a dispute between you and any other Program participants, or with other members or any third party, you agree that Starling Minds is under no obligation to become involved. If there is a dispute between you and other members, you release Starling Minds from any claims or damages of every kind or nature arising out of or in any way related to such disputes and/or these Programs.