1. Acceptance of Terms. Welcome to the Just in Time Wellness App. This App, as defined below, is provided by Just in Time Wellness Inc. By downloading the App and continuing to use the App after reviewing these Terms of Service, You agree to be bound by these Terms of Service.
2.Definitions. In these Terms of Service, the following terms will have the meanings as defined below:
- “Confidential Information” means any technical information, technical data, or know-how, including information related to products, services, users, software, processes, designs, drawings, marketing or finances of Just in Time Wellness. Confidential Information does not include information which (i) You already knew prior to disclosure; (ii) becomes public knowledge by no fault of Your own; (iii) is approved for release in writing by Just in Time Wellness.
- “You” means the person who agrees to the Terms of Service and who will be granted a license under these Terms of Service.
- “Services” means all the services offered on the App under these Terms of Service.
- “Terms of Service” means these terms and conditions that control Your use of Just in Time Wellness and the Services.
- “App” means the website with the domain name https://justintimewellness.org/ and mobile phone application offered by Just in Time Wellness through the Google Play Store and Apple App Store.
- “Just in Time Wellness” means Just in Time Wellness, Inc., the owner of the App and the provider of the Services.
- “Personal Data” means any data that personally identifies or any sensitive information of You or other users.
3. Description of Services. Just in Time Wellness provides information and Services on the App, which include wellness tools meant to support positive mental health. These Terms of Service will also apply to any new features added to the Services. Please review these Terms of Service from time to time so that You will be aware of any changes.
Although Just in Time Wellness will attempt to notify its users of changes to the Services or Terms of Service, Just in Time Wellness may modify the Services for any reason, with or without notice. Just in Time Wellness may also terminate Services with or without notice, and without liability to You, any other user, or any third party.
Just in Time Wellness grants You, and You accept, access to the App under these Terms of Service (“Grant of Access”). Any Grant of Access depends on You continually complying with these Terms of Service, including Your full and continued payment of all fees and costs.
4. Your Obligations. Aside from Grant of Access, You are responsible for getting access to the App, including any fees involved. You are also responsible for paying fees to Just in Time Wellness as specified on the App. If You would like multiple Grants of Access, You must sign up for multiple accounts, which may be subject additional fees.
It is Your responsibility to let Just in Time Wellness know in writing if You disagree with anything Just in Time Wellness bills to You. Entries will be considered acceptable by both parties if You do not let Just in Time Wellness know you disagree within (30) days of Just in Time Wellness receiving payment. All taxes related to the Services are your responsibility.
You agree to not use either the App or the Services to:
A. for any purpose or activity that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
B. post or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
C. impersonate any person or entity, including being untruthful about Your affiliation with a person or entity;
D. disguise the origin of any material posted by Just in Time Wellness;
E. post or otherwise make available any material that You do not have a right to make available or that infringes any property rights of any party;
F. post or otherwise make available any form of solicitation, unless Just in Time Wellness gives express permission;
G. post or otherwise make available any material that contains computer viruses; or
H. collect or store Just in Time Wellness Confidential Information or Personal Data about other users;
The only rights You have under these Terms of Service are the ones explicitly defined in these Terms of Service. That means You have no right to sell, reproduce, publish, license, distribute, disseminate, sublicense, rent, lease, or otherwise commercially exploit any portion of the App or the Services. Just in Time Wellness does not grant You any right to reverse engineer, decompile, disassemble, modify, translate, or make any attempts to discover the source code of the App. The rights for use granted to You under these Terms of Service are restricted to You and no one else.
5. Term. The term of the Grant of Access begins once You agree to these Terms of Service and ends once You or Just in Time Wellness terminates Your Grant of Access (“Term”). The Grant of Access depends on timely payment of all the obligations you owe Just in Time Wellness.
You may terminate these Terms of Service once you delete the App from your device and/or contact Just in Time Wellness to delete your account on the App.
Just in Time Wellness may terminate these Terms of Service by providing You written notice if You breach a material term of these Terms of Service and fail to cure the breach within ten (10) days after written notice. Just in Time Wellness may also discontinue or suspend the Services, with or without notice.
8. Use of the Services in Other States and Countries. You agree to comply with all local rules regarding online conduct and content. You further recognize that the emergency features on the App are meant to be used in the United States. Users inside of the United States will be directed to 988, which is the nationwide suicide and crisis lifeline. Users outside of the United States may enter a customized phone number for the emergency features. Just in Time Wellness does not make any guarantees to the efficacy of this feature, nor the services available through this feature.
9. Use of the Services by Children Under 13. The App is generally intended not to be used by users under the age of 13. You will be asked to verify your age upon creating your account. If you are under the age of 13, you will not be able to access the Services without parental consent.
10. Just in Time Wellness Intellectual Property. Unless these Terms of Service say otherwise, Just in Time Wellness is the owner of all content on the App and all other material posted or otherwise made available through the Services.
“JUST IN TIME WELLNESS” and other marks used on the App are trademarks of Just in Time Wellness and may not be used without the express written permission of Just in Time Wellness.
11. Use and Storage of User Material. Just in Time Wellness may set general practices and limits for use of the App. You recognize that Just in Time Wellness has the right to terminate accounts that are inactive for an extended period. You further recognize that Just in Time Wellness has the right to change these general practices and limits at any time, with or without notice.
12. Third Party Intellectual Property. Just in Time Wellness respects the intellectual property rights of others. Just in Time Wellness will respond promptly to remove material that infringes another person’s copyright or other intellectual property right.
13. Indemnity. You agree to indemnify and hold harmless Just in Time Wellness, and its subsidiaries, affiliates, officers, agents, and employees, from any claim or demand by any third party related to material You post or otherwise make available through the App or the Services, Your use of the App or the Services, Your connection to Just in Time Wellness, Your violation of these Terms of Service, or Your violation of any rights of another person or entity.
14. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JUST IN TIME WELLNESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
JUST IN TIME WELLNESS MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
JUST IN TIME WELLNESS PROVIDES THE SERVICES, BUT IT IS NOT A LICENSED PROVIDER OF MENTAL HEALTH OR HEALTHCARE SERVICES. IF YOU ARE IN NEED OF MENTAL HEALTH OR HEALTHCARE SERVICES, YOU SHOULD SEEK ASSISTANCE FROM A LICENSED PROFESSIONAL.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS USED AT YOUR OWN RISK. YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
THE ONLY WARRANTIES AVAILABLE TO YOU FROM JUST IN TIME WELLNESS ARE THE ONES EXPRESSLY STATED IN THESE TERMS OF SERVICE.
You understand that You are entirely responsible for all material that You post or otherwise make available through the App. You acknowledge that Just in Time Wellness does not review or control the material its users post or otherwise make available through the App or the Services. Just in Time Wellness does not guarantee the accuracy, integrity or quality of such material.Just in Time Wellness or its designee will have the right to refuse or remove any material available through the Services.
15. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT JUST IN TIME WELLNESS SHALL NOT BE LIABLE FOR ANY : (I) DIRECT DAMAGES IN EXCESS OF THE ACTUAL FEE(S) PAID BY YOU TO JUST IN TIME WELLNESS OR, (II), INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JUST IN TIME WELLNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
16. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. DEPENDING ON WHERE YOU LIVE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
Governing Law, Venue and Jurisdiction. these Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, without reference to conflict of law principles. Venue and jurisdiction for any dispute related to these Terms of Service will be in Brevard County, Florida.
Entire Agreement. These Terms of Service contain the entire understanding of the parties with respect to this subject matter, and it supersedes any prior agreement, understanding and communication between the parties, whether written or oral, with respect to this subject matter. These Terms of Service can be amended only in writing signed by the parties.
Transfer and Assignment. Unless these Terms of Service say otherwise, You may not assign or transfer the Grant of Access or the Services or these Terms of Service to a third party without the prior written consent of Just in Time Wellness. Just in Time Wellness may assign or transfer these Terms of Service to any third party without Your consent. These Terms of Service will bind upon any successor.
Severability. If any term or condition of these Terms of Service is determined to be invalid, illegal or otherwise unenforceable, that determination will have no effect on the other terms and conditions, which will continue to be binding upon the parties hereto.
No Waiver. Non-enforcement of any term or condition in these Terms of Service will not be construed as a waiver of any rights provided by these Terms of Service.
Relationship. No joint venture, partnership, employment, or agency relationship exists between You and Just in Time Wellness as a result of these Terms of Service or use of or access to the App or the Services.
Survival Clause. All duties and responsibilities of any party under these Terms of Service that extend into the future, will survive the end of the Term or cancellation of these Terms of Service. In addition, the termination of these Terms of Service will not relieve either party of obligations incurred prior to the termination date.
Notices Clause. All written notices or communications as a part of these Terms of Service will be considered delivered when:
- Actually received, or;
- E-Mailed to the receiving party,
- With a duplicate communication mailed to that party’s last known address, which will be deemed received (10) days after deposit with the United States postal service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the respective other party if not actually received.