About Wysa emotional well-being professional Service
Additional Service-related terms
Your use of Wysa+ Generative AI Services technology
About Privacy, Security, Third-Party Links and Monitoring
About Payments and Cancellations
Wysa Terms of Service
Welcome to Wysa, the mobile and online service of Touchkin eServices Private Limited (hereinafter referred to as "Wysa", or "We", or "Us" or "Our"). This Terms of Service applies to all visitors, data subject, and others who access the Service ("User(s)" or “You/r”) including persons buying for teams (“Subscribers”). This document is a legally binding agreement between You and Touchkin eServices Private Limited, a private limited company registered in India at No. 532, "Manjusha", First Floor, 2nd main, 16th Cross, II stage, Indiranagar, Bengaluru KA 560038 IN and/or Wysa Ltd, a private limited company, registered in the UK and/or Wysa Inc., a private company registered in the USA. The domain name www.wysa.com and all associated subdomains (hereinafter referred to as "Website") and Wysa mobile application, web-based and online applications ("Mobile Software" or "Wysa App") is owned and managed by Touchkin eServices Private Limited.
You may use our Apps to access one or more of our services and offerings (collectively the "Service(s)" or “Wysa Service”).
We may also provide these and additional services on behalf of Your Institution (“Institutional Services”). An Institution could be an enterprise, university, hospital, research institution and other public or private organisations. Institutional Services may involve processing information on behalf of the Institution. Where applicable, you must agree to the Terms of Services and Privacy Policies of both Wysa and your Institution in order to proceed with using the Institutional Service.
By accessing or using the Wysa App and Service, You signify that You have read, understood, and agree to be bound by this terms of service and to the collection and use of Your Information as set forth in the Privacy Policy, Cookie Policy and terms of any other policies of Wysa as may be applicable to You whether or not You are a registered User of Our Service. These Terms of service, Privacy Policy, Cookie Policy and any other terms and conditions as may be applicable shall hereinafter collectively be referred to as “Agreement” or “Contract”. For further Information regarding the use of Your data by Wysa, please read Our Privacy Policy.
Where not specifically called out, use of uppercase / lowercase and bold / not bold would carry the same meaning in this document.
Initial Effective Date: June 30, 2017 (GMT)
Latest Revised Date: July 23, 2024 (GMT)
Version: 4.4.0
Important Notice:
Changes in v4.4.0 | July 23, 2024
You can read the full list of changes in the Changes Log
What is Wysa App?
The Wysa App has a virtual AI-based system (“AI Coach” or “Wysa AI Coach”) that You can chat with, including upon Your choice, the ability to subscribe and to message a highly trained and qualified mental health and emotional well-being professional (“Wysa emotional well-being professional” or “emotional well-being professional” or “professional”) or for Institution Users, to be able to use an Institutional support mechanism integrated within the Wysa App, and through a conversational interface get access to tools and techniques to manage Your emotional well-being. The Wysa App is available for both iOS and Android mobile systems and as a web browser-based system either on the Wysa’s web application or integrated within an Institution website. The AI Coach Service over WhatsApp business is currently piloted only in India. Your Interaction with the AI Coach is with an artificial intelligence system and not a human. The AI Coach is restricted in the means of response, and the intended usage of Wysa App is for providing support via evidence-based tools and techniques to manage emotions and encourage mental well-being, as an early intervention tool in a self-help or self-monitoring context. You make the choice of using the AI Coach, based on Your own estimate of need, and agree that this is only suitable for basic self-help. This is not intended to be a replacement for face-to-face psychotherapy or to provide a diagnosis, prognosis, treatment or cure for a disease/condition/disorder or disability. The AI Coach cannot and will not offer advice on issues it does not recognize. Using the Wysa App, You can track and manage Your mood, and learn context-sensitive evidence-based techniques that can help You feel better. Wysa App and Service is not intended for use in crisis such as abuse or complex or severe mental health conditions that causes for example; ideation of suicide, harm to self and others, or for any medical emergencies.Wysa App is designed to offer general mental health advice and support and cannot offer condition specific advice for complex medical conditions such as complex long term illness, cancer, infertility or genetic disorders among others. Wysa App and Service cannot and will not offer medical or clinical advice. It can only suggest that the user seeks advanced (medical) help.
Please first consult a healthcare professional before using the App, if You have any of the following conditions- Pregnancy, Sleep Apnea, Restless Leg Syndrome (RLS), Seizures or Epilepsy, hallucinations or nightmares, sleep walking, excessive daytime sleepiness, dizziness or tremors. The App may not be right for You if You are; a child under 13 years, someone with severe mental or physical condition or disorder, a shift worker, someone who regularly keeps changing sleep schedules or someone who sleeps at times that are out of sync with Your body’s natural rhythm.
The web-widget Service and the WhatsApp-based business service is limited in its features and you will be asked to download the mobile-version of the app to enable access to the full App features and Services.
Who can Use the Service?
You may use the Service only if You are a natural/legal person, agree to this Agreement and form a binding contract with Wysa, and only in compliance with all applicable local, state, national, and international laws, rules and regulations. You may use the App and services if you are 18 or more. If You are between 13 and 18 years of age, please read through this Wysa Privacy Policy and the Wysa Terms of Service with Your parent or legal guardian, and in such a case the Agreement shall be deemed to be a contract between Wysa and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You. Kindly inform your parent or legal guardian to provide their consent by writing to us at [email protected]. Anyone under 13 is strictly prohibited from creating an account and/or using the Service. Wysa does not take responsibility for any misrepresentation of age and use.
If Your Institution specifies a different age restriction, such as at least 18 and above, as a condition of using this Service, that restriction shall apply rather than the one above.
If You use the Wysa emotional well-being professional Service,
Wysa reserves the right to refuse access to the Service or terminate Your account if eligibility is not met, at its sole discretion. The Service is not available to any Users previously removed from the Service by Wysa.
Institution version of Wysa App
Enterprises, Organisation, school, university, trust, service, hospital, clinic, research institution or other public or private organisation (“Institution(s)”) may introduce Wysa App to their employees, patients and members. These Institutions may also customize Wysa App and add or replace certain Wysa Service(s) or integrate their own Services within the Wysa App (“Institution version of Wysa App'') or request Wysa emotional well-being professional Services outside the Wysa App including but not limited to well-being webinars or group sessions. Such employees, patients and members of Institutions are also User(s) of the Wysa App or the Institution version of Wysa App (“Institution User(s)”). In such an event and where applicable, these Institution’s terms and these Institution's Privacy Policy shall also apply to Your Use of Wysa App and Services. In the event of any conflict with such additional terms and privacy policy, Wysa’s Agreement shall apply. Wysa App may carry links to material or Websites or Web Pages or Services managed by third parties on which the Institution and Wysa may have no control, agreement or affiliation. Please refer to documentation including terms and privacy policy provided by such third parties before accessing such links. The Institution version of Wysa App and its Services can only be accessed by authorized Institution User(s) following installation and access instructions as shared by the Institution or their Service provider.
Wysa License
Subject to this Agreement, You are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Wysa App and Service for Your personal use only and as permitted by the features of the Service. Wysa reserves all rights not expressly granted herein in the Wysa App, Service and the Wysa Content (as defined later in this Agreement). Wysa has the right to terminate this license at any time for any reason or for no reason.
About Wysa Accounts
Creation of an Account via registration is currently not required. Wysa may, at its sole discretion, make the creation of an Account mandatory for all or certain Services in the future. In such an event, the following terms shall apply.
You may be required to create an account with Wysa to avail certain Services with a username and password or Access Codes (“Account”). Your Account will give You access to the Services and functionality that We may establish, modify and maintain from time to time and in our sole discretion.
When creating Your Account, if required, You must provide accurate and complete Information. If You provide any Information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if We have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof).
You are solely responsible for the activity that occurs on Your Account, and You must keep Your Account password secure. Whenever You need to set a password, We encourage you to use "strong" passwords (passwords that use a combination of upper-and-lower case letters, numbers and symbols) with Your Account. You must notify Wysa immediately of any breach of security, unauthorised access to Your chats or other data, or unauthorized use of Your Account. Wysa will not be liable for any losses caused by any unauthorized use of Your Account. We may also suspend or terminate Your Account according to this Terms of Service where we see behavior, content, or other factors that pose a threat to Our App and Services.
You may never use another User's Account.
You may control Your user Account profile and how You interact with the Service by changing the Settings in the Mobile Software. You consent to Our using Your profile to send You Service-related email notices, including any notices required by law, in lieu of communication by postal mail.
About Wysa emotional well-being professional Service
[This section applies only to the conversations with a Wysa emotional well-being professional. For some Institution version of Wysa App, Wysa App may provide links to other support from the institution’s EAP service or health provider, in which case their Terms and Privacy Policy will apply.]
When You use the Wysa emotional well-being professional Service provided to You on the Wysa App, the following terms will apply:
Additional Service-related terms
Wysa “Gift Card” Program
Wysa “Gift Card” program is a pre-paid membership to specific Services. A person who purchases the gift is referred to in these terms as the “Giftor”. A person who receives and redeems a Gift Card to the specific Services is referred to in these terms as the “Recipient”. Gift Cards are paid for by a one-time upfront payment. Once bought, the Giftor will receive a Gift Code along with an order confirmation and receipt. The gifting codes cannot be redeemed for cash, resold or combined with any other offers, including free trials. Please note that gifting codes cannot be redeemed if any of the premium subscription access is already enabled or if another gift card is already redeemed and active. We will automatically bill the Payment Method you provided for any purchased Gift Card at the time of purchase, not delivery. There are no cancellations, refunds or other credits for Gift Cards that are not redeemed. Wysa is not responsible if a Gift Card is lost, stolen or used without permission.
Your use of Wysa+ Generative AI Services technology
We use third-party Generative AI technology services for our Wysa+ GAI Services. Wysa+ represents the next generation of Wysa, designed to generate static, quality and clinically validated content that provide a high performing, safe and improved user experience with our AI based Services. No personal data gets shared with these third-party services. Wysa+ GAI Service is provided as a deterministic framework which follows the same safety-based structure as the regular Wysa services. This means that every Wysa+ GAI Services use case is tested for repeatability and clinical safety, and is used within an overall clinically approved flow.
Generated content needs to pass our safety and quality guardrails before being accepted for use. All generated content scripts are rigorously quality checked for clinically validated and safe responses using a therapist-in-the-loop for safety, privacy, quality and performance. Only validated features get released within our App and Services. Where applicable, We will transparently inform you and seek your consent before enabling the Generative AI technology on the Wysa App.
Refer the additional Wysa+ Generative AI Terms of Use and Wysa+ Generative AI Privacy Policy to be informed about our Wysa+ GAI Service and how we handle and process your provided data during the use of this Service.
What are the Service Rules?
You agree not to engage in any of the following prohibited activities:
About User Content
Some areas of the Service may, either now or later, allow Users to post content such as chat content, profile Information, videos, comments, questions, and other content or Information or any such materials a User submits, posts, displays, or otherwise makes available on the Service ("User Content"). We claim no ownership rights over User Content created by You; the User Content You create remains Yours. However, by sharing User Content through the Service, You agree to allow Us, authorised Institutions or other authorised persons (in accordance with your settings and this Agreement) to view, edit, and/or share Your User Content. Wysa has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You agree not to post or transmit User Content that:
You may not copy, share, or use personal identifying or business contact Information about other Users without their express permission. You agree that any User Content that You post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Wysa reserves the right, but is not obligated, to reject and/or remove any User Content that Wysa believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In order to honor and protect the Wysa intellectual properties, You expressly agree not to disclose or communicate any proprietary Information about the Wysa practice, materials, or methods to any third parties. The obligations under this Clause survive the termination of the Wysa Service or Your relationship with Wysa;
In connection with your User Content, You affirm, represent and warrant the following:
By posting any User Content on the Service, for use in connection with the Service You expressly grant, and You represent and warrant that You have all rights necessary to grant, to Wysa a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list Information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and Your name, voice, and/or likeness as contained in Your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed subject to the Privacy Policy.
Use of User ContentWysa conducts research on Our global platform. All data including User Content if any is anonymized before use for research purposes. This research looks at how different activities on Mobile Software impact mental well-being measures. Wysa may use User Content and other data collected from the User in accordance with the Agreement for the purpose of this research. Research and outcomes are key to helping Users make real change and progress in their lives, and we are grateful for the support You provide towards this mission by sharing Your data.
About Mobile Software
We make available Mobile Software to access the Service via a mobile device. To use the Mobile Software, You must have a mobile device that is compatible with the Mobile Software. Wysa does not warrant that the Mobile Software will be compatible with Your mobile device. Wysa hereby grants You a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Wysa Account owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third-party or use the Mobile Software to provide time sharing, conduct independent clinical or research studies without explicit permissions or provide similar services for any third-party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Wysa may from time-to-time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Wysa or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Wysa reserves all rights not expressly granted under this Agreement.
The Mobile Software originates in India, and is subject to Indian export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from India. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Indian and foreign laws related to use of the Mobile Software and the Wysa Service.
Our Proprietary Rights
Except for Your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Wysa Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Wysa and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Wysa Content. Use of Wysa Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or We may invite You to submit comments or ideas about the Service, including without limitation about how to improve the Service or Our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place Wysa under any fiduciary or other obligation, and that We are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission, Wysa does not waive any rights to use similar or related ideas previously known to Wysa, or developed by its employees, or obtained from sources other than You.
No Professional AdviceIf the Service provides any Information (which includes Wysa Content, medical or legal information among others) including recommending tools and techniques (e.g. Yoga or activity or exercises), such Information is for Informational purposes only and should not be construed as professional advice. No action should be taken based upon any Information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area before any use.
About Privacy, Security, Third-Party Links and Monitoring
We deeply care about the privacy of Our Users. You understand that by using the Services You consent to the collection, use and disclosure of Your Personal data and aggregate data as set forth in our Privacy Policy, and to have Your data collected, used, transferred to and processed by Us in accordance with Our Privacy Policy.
We deeply care about the integrity and security of Your Personal data and maintain security measures as required under applicable data protection laws to ensure its authorized use. However, we cannot guarantee that unauthorized third parties will never be able to defeat Our security measures or use Your Personal data for improper purposes. You acknowledge that You provide Your Personal data at your own risk. Refer to the Privacy Policy for how we handle Your data.
The Service may contain links or other content related to third-party websites, advertisers, products and/or services, special offers, or other events or activities offered by third parties that are not owned or controlled by Wysa. Wysa has no control over any such links, content, web sites, products or services or any Information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third-party. Wysa does not endorse or assume any responsibility for any such third-party sites, Information, materials, products, opinions or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. If You access a third-party website or application from the Service, You do so at Your own risk, and You understand that these Terms of Service and Wysa's Privacy Policy do not apply to Your use of such sites. You expressly relieve Wysa from any and all liability, directly or indirectly, arising from Your use of any third-party website, application, software, service, or content and also for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, application, software, content, product and/or service. We do not promote third party offers as a part of the App experience. Your Institution may conduct advertising or marketing of Wysa Services. We may place ads online to test take-up of a specific Service or to promote a specific Service using only authorised advertisers and ad managers. Additionally, Your dealings with or participation in promotions of advertisers, if any, found on Our Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between You and such advertisers. You agree that Wysa shall not be responsible for any loss or damage or injury of any sort relating to Your dealings with such advertisers. If You disclose Your Information to others, different rules may apply to their use or disclosure of such Information. We do not control the privacy policies of others. We encourage You to ask questions before You disclose Your personal Information to others. Wysa encourages You to, at a minimum, be aware when You visit or use a third-party website, application, software or service and to review the terms of service and privacy practices related to such third-party;
Subject to the Agreement, We have the right and liberty to monitor the content on the Website and Mobile Software at all times which shall include Information provided in Your Account or any User Content posted by You. The monitoring of the Website is important to determine the veracity of the Information provided by You and that every User remains in consonance with the terms provided herein. Subject to the Agreement, We shall also have the liberty to remove any objectionable content, including User Content, which is in contravention of the Agreement or share such Information with any governmental authority as per procedures laid down by the law for the time being in force in India. It is hereby clarified that Wysa has a right to but not an obligation to monitor the content on the Website and the Mobile Software. Accordingly, Wysa shall not be liable for any claims, losses, damages costs or expenses that may arise as a consequence of the User Content published by You or any other User on the Website and Mobile Software.
About Payments and Cancellations
[For some institution version of Wysa App, Wysa App may provide links to support from the institution’s EAP service or health provider, in which case their terms and Privacy Policy will apply.]
The AI Coach Services are provided to the Users free of cost at present. The User may choose to avail additional services available on the Mobile Software (“Premium Services”) upon payment of a subscription fee. Premium Services shall be considered as a part of Services for the purpose of the Agreement. We may modify the subscription fee for the Premium Services or make all Services subject to payment of certain subscription fees at our sole discretion. The User will be notified of the applicable fee payable for the Services and the Premium Services prior to User’s use of the same.
Subscriptions will be automatically renewed until subscription is cancelled before the end of the current period. For Apple iTunes, the subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. You can go to your iTunes Account settings to manage your subscription and turn off auto-renew. Your iTunes Account will be charged when the purchase is confirmed. It is solely the User’s responsibility to cancel, which can be done at any time from Google Play and Apple iTunes. WE DO NOT GENERALLY ACCEPT SUBSCRIPTION CANCELLATIONS VIA EMAIL;
It is the User’s responsibility to note the date and time that the subscription will expire or come up for renewal, and to cancel prior to Your payment being processed. Payments may be subject to applicable currency exchange rates.
Cancelling Your subscription depends on Your payment method. Here are the two ways to
cancel:
Google Play
iTunes
If You purchase Wysa Services by means of Web-based purchases, You may use other third-party payment gateways provided by PayPal, RazorPay and Stripe to make Your payments. Payment using PayPal, RazorPay or Stripe is governed by their respective Terms and Privacy Policies. If You want to cancel or seek refund for Your subscription for any web-based purchases, then please write to Us at [email protected]. In-App products or services purchased via Google Play Points will be non-refundable.
To the maximum extent permitted by applicable law, in no event shall Wysa, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or injury or losses arising out of or in connection with the Services.
Termination
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to You or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend Your access to the Service without notice and liability for any reason, including if in Our sole determination You violate any provision of the Agreement, or for no reason. Upon termination for any reason or no reason, You continue to be bound by the Agreement. You are responsible for all the mobile data usage resulting from the use of the Service. Consult Your mobile operator concerning your plan, data rate charges and limits.
Wysa, in its sole discretion and for any reason, reserves the right to modify or discontinue or terminate, temporarily or permanently, any Service in or on the Wysa App, with or without notice to User. User agrees that Wysa shall not be liable to User or to any third party for any losses or damages or injury that may result to User or any third party from such discontinuation or interruption of Service. However, if Service is temporarily or permanently discontinued by Wysa, Wysa will initiate the refund of Fees paid by the User on a pro-rata basis for the relevant month or any unused portion of the Services. Such refund shall be in accordance with the refund policy and terms and conditions of Google Play or Apple iTunes (whichever applicable). In such an event, You are required to contact Us for such requests. You will need to send an email request with reasons from Your Google or Apple email ID to [email protected].io. Wysa will address any such request on a case by case basis;
Indemnity and Warranty
Indemnity[For some institution version of Wysa App, Wysa App may provide links to support from the institution’s EAP service or health provider, in which case their terms and Privacy Policy will apply.]
You agree to defend, indemnify and hold harmless Wysa and its subsidiaries, employees, officers and directors, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, injury, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Service, including any data or content transmitted or received by You; (ii) Your violation of any term of this Agreement, including without limitation Your breach of any of the representations and warranties; (iii) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) Your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of Your User Content or any that is submitted via Your account; or (vi) any other party's access and use of the Service with Your unique username, PIN, password or other appropriate security code.
You are solely responsible for Your interactions with other Wysa Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Wysa shall have no liability for Your interactions with other Users, or for any User's action or inaction.
Warranty
The service is provided on an "as is" and "as available" basis. Use of the Service is at your own risk. to the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Wysa or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Wysa, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
Wysa does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the Wysa Service or any hyperlinked website or Service, and Wysa will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Limitation of Liability
[For some institution version of Wysa App, Wysa App may provide links to support from the institution’s EAP service or health provider, in which case their terms and Privacy Policy will apply.]
To the maximum extent permitted by applicable law, in no event shall Wysa, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this Service. Under no circumstances will Wysa be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your Account or the information contained therein. To the maximum extent permitted by applicable law, Wysa assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third-party; (vi) any errors or omissions in any content or for any loss or damage or injury incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third-party. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Wysa (including its affiliates, agents, directors, employees, suppliers, or licensors) under such circumstance for liabilities that otherwise would have been limited, shall not exceed the greater of USD 100 or the total amount of fees paid to Wysa by such person for or in connection with the Services in the twelve (12) month period preceding this applicable claim.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Wysa has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The Service is controlled and operated from facilities in India, UK and USA. You understand and agree that, while Services meet all applicable laws in India, the Service may not meet licensing or other regulatory requirements in other locations. You agree that those who access or use the Service from other jurisdictions will do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if You are a resident of a country embargoed, or are a foreign person or entity blocked or denied, as identified by embargo and sanctions lists maintained by the United Nations, USA, UK or India. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in India.
Governing Law and Dispute Resolution
The App is controlled by Wysa from its offices in India, United Kingdom and United States. You agree that: (i) Access to, or use of, the App and Services and any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which You are accessing the App and Service. We make no representation that the information contained herein is appropriate or available for use in other locations; (ii) The Courts in Bangalore, Karnataka shall have the exclusive jurisdiction in respect of any matter, claim or dispute arising out of or in any way relating to this Agreement between the Parties. This Agreement shall be governed by the internal substantive laws of India, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the courts located in Bengaluru, Karnataka for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of Our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights. Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe a breach of this Agreement has originated
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with Our obligations under these Agreement if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect your statutory rights.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Wysa without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to the Agreement
Wysa may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to You via email notice, written or hard copy notice, or through posting of such notice on Our website, as determined by Wysa in Our sole discretion. Wysa reserves the right to determine the form and means of providing notifications to Our Users, provided that You may opt out of certain means of notification as described in this Agreement. Wysa is not responsible for any automatic filtering You or Your network provider may apply to email notifications we send to the email address you provide us. Wysa may, in its sole discretion, modify or update this Agreement from time-to-time, and so You should review this page periodically. When We change the Agreement in a material manner, We will update the 'last modified' date at the top of this page. Your continued use of the Service after any such change constitutes Your acceptance of the new terms. If You do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.
Entire Agreement/Severability.
This Agreement, together with any amendments, policies and any additional agreements You may enter into with Wysa in connection with the Service, shall constitute the entire agreement between You and Wysa concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Wysa's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Who can You contact for additional questions, comments or concerns?
If You have any questions, comments, or concerns about this Agreement or practices, please contact us at [email protected] or by writing to:
Changes Log
v4.4.0 | July 23, 2024
v4.3.2 | Dec 18, 2023
v4.3.1 | July 26, 2023
v4.3.0 | June 13, 2023
v4.2.0 | May 5, 2023
v4.1.0 | December 21, 2022
v4.0.0 | December 06, 2022
v3.3.1 | July 5, 2022
v3.3.0 | May 26, 2022
v3.2.0 | November 10, 2021
v3.1.1 | July 16, 2021
v3.1.0 | July 01, 2021
v3.0.0 | Feb 03, 2021