Terms and Conditions (“Terms”)

Our Terms and Conditions were last updated on [December 20th 2022].

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Application” (aka “app”) means the software program provided by Psych Company downloaded by You on any electronic device, named [Bx3]
  • Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
  • Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Account” means a unique account created for You to access our Service or parts of our Service.
  • Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to [Psych Company].
  • Country” refers to [Canada].
  • Content” refers to content such as text, images, user preferences, or other personal information that can be saved/posted, or otherwise made available by You, regardless of the form of that content.
  • Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
  • Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Service” refers to the Website.
  • Terms and Conditions” (also referred as “Terms“) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions Agreement was generated by TermsFeed Mobile App Terms and Conditions Generator.
  • Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website” refers to [Psych Company website], accessible from [www.psychcompany.com]
  • You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 16, the legal age of consent in Canada. The Company does not permit those under 16 to use the Service, and is not, under any circumstance, responsible for any misrepresentations of ones age or of the mental and/or emotional state or capacity of an individual registering for the service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar

Disclaimer

By using our app, you agree to be bound by this Disclaimer.

The information found on this app is for general information purposes only. Any and all information found on this app does not constitute a medical opinion and is not intended to substitute a professional psychological, psychiatric or medical advice, therapy, diagnosis, or treatment. The app is not to be perceived as professional advice in regards to health or any other related field. Psych Company does not recommend or endorse any specific tests, products, or procedures, or anything other than the services expressly provided for by the Psych Company as set out on this app.

Representations and Warranties

All information found on this app is provided for without representations or warranties, expressed or implied. We make no representations or warranties in relation to the information found on our app.

The Psych Company assumes no responsibility for any errors or omissions in the content on the app. The information on this app is provided on an “as is” basis with no guarantees of completeness, accuracy, usefulness, timeliness, correctness and without warranties whatsoever, expressed or implied.

Limitations of Liability

Reliance on any information found on this app or any action you may take upon the information found on this app, including user-submitted information, is solely at your own risk. The Psych Company assumes no liability for any diagnosis, treatment, decision made or action taken, losses or damages that result out of the use of the information found on this app.

Always seek the advice of your physician or other qualified mental health provider with any questions you may have regarding a medical condition or mental disorder. If you think you need immediate assistance, call your local emergency number or the mental health crisis hotline listed in your local phone book’s government pages If you think you may have a medical emergency, call your doctor or 911 immediately.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

User Policy

The Psych Company does not ascertain the validity of any user submitted ratings or posts.

A major goal of this app and the information and user forum found herein is to encourage thought, reflection, conversation and discussion. The Psych Company welcomes comments reflecting a wide variety of perspectives but ask that these comments be on topic and original, not copied from another source.

By using Bx3 the user acknowledges that no type of actual treatment relationship with the Psych Company has been created. Furthermore, the Psych Company is unable to respond directly to questions or comments regarding personal situations, appropriate diagnosis, treatment or clinical opinions.

We reserve the right to monitor, edit, review or remove discussions, chats, transmissions, and similar communications on Bx3 from time to time. However, we are under no obligation to do so and assume no responsibility or liability arising from any content posted or entered into Bx3 nor for any error, omission, infringement, defamatory statement, obscenity or inaccuracy contained in any such information. Comments that are deemed to be inappropriate, disrespectful, biased, discriminatory, offensive, libelous, or off topic will not be tolerated and removed.

We reserve the right to suspend or restrict access to Bx3 and/or to functionality upon this app. We may, for example, suspend access to Bx3(during server maintenance or when we update the app). You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the app.

Links

The Psych Company and this Website have external links to other websites and online content and resources that are for the sole benefit of the user. Any and all information found on any external website or online source not expressly connected to, or created by, the Psych Company is strictly for informative purposes. The content and availability of these websites and online sources are not controlled or monitored by the Psych Company. As such, the inclusion of any links to external websites or online sources does not necessarily imply a diagnosis or assessment based on the views expressed therein. These links are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by Psych Company of any of the products, services or opinions of the corporation or organization or individual. Psych Company bears no responsibility for the accuracy, legality or content of the external site or for that of subsequent links. Contact the external site for answers to questions regarding its content.

 

Content

Your Right to Add Data/Content

Our Service allows You to create a personal profile and add information about yourself to the app. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Data/Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

 

Data/Content Restrictions

Bx3 functionality focuses only on the way that applicable existing content, which is already openly available to the public on the internet, is found, matched with, recommended and made immediately visible to Bx3 users.

The Company is not responsible for the content of the Service’s users(ie. a user’s profile). You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Privacy Policy

Our Privacy Policy describes how we handle the information you provide to us when you use our Website. You understand that through your use of the Website you consent to the collection and use of this information, in accordance with the Privacy Policy (See Separate Privacy Policy Document).

Except as otherwise described in this Privacy Policy, as between you and the Psych Company, any content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of such content. You acknowledge and agree that your relationship with the Psych Company is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any content does not place the Psych Company in a position that is any different from the position held by members of the general public, including with regard to your content. None of your content will be subject to any obligation of confidence on the part of the Psych Company, and the Psych Company will not be liable for any use or disclosure of any content you provide.

Copyright Notice

Subject to the express provisions of this Disclaimer:

(a ) we, together with our licensors, own and  control all the copyright  and other intellectual property rights in our mobile app and the material in our mobile app;

(b) all the copyright and other intellectual property rights in our mobile app and the material in our mobile app are reserved, including but not limited to all copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world; and

(c) nothing in this Disclaimer grants you any rights in the mobile app or other than as required to enable you access to the mobile app.

Intellectual Property Infringement

We respect the intellectual property rights of others and act in accordance with Fair Use Doctrine principles described in Section 29 of the Copyright Act of Canada – specifically the purposes of our dealings fall under the Research, Review, Private Study & Education categories of this Act. Bx3 functionality focuses only on the way that relevant online content, which is already openly available to the public on the internet(always avoiding paid/subscribed content), is found, matched with, recommended and made visible to Bx3 users, it is our intent to respect the inquiries of all. Said content is always only linked to and not replicated or copied. As such, display of said content is always done so in it’s original native format and is never altered or “branded”; further, authorship information is always exposed as is available and is never obscured. Using URL’s to simply direct users to said content benefits the content authors and creators by increasing user engagement and visibility of their content regardless of format.

It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email ([legal.psychcompany@gmail.com]) and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email ([legal.psychcompany@gmail.com]). Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.