Smile App T&C’s
Smile App Terms & Conditions (User Terms)
[Last updated May 2023]
Thank you for visiting The Smile App (the “App”; “The Smile App”, as applicable), provided to you by Smile Mental Healthcare Ltd (“Smile”; “we” “us” and “our”, as applicable), Company Number 13347285, VAT number 426180314, with registered address 31 Upper Church Rd, Stroud GL5 4JF.
Smile Mental Healthcare Ltd provides the App and related services to you (“you” and “your”, as applicable), the user of the App, subject to your acceptance of these User Terms & Conditions (“User Terms”).
These User Terms govern your use of the App and your relationship with Smile. Please read these User Terms carefully before creating an account or using the App and/or the services associated therewith, as they affect your rights and responsibilities. Creating an account and/or using the App and the associated services confirms your unconditional acceptance of these User Terms. If you do not accept these User Terms, please do not create an account and/or use the App.
- The App is licensed, not sold, to you by Smile for use strictly in accordance with these User Terms.
- Smile grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the App solely for your personal, non-commercial purposes, strictly in accordance with the terms of these User Terms.
- You may not transfer any of your rights under these User Terms to any other person. We may transfer our rights under these User Terms to another business where we reasonably believe your rights will not be affected.
USING THE APP
- By accessing or using the App you agree to be bound by these Terms. If you disagree with any part of the User Terms then you may not access the App.
- The Smile App is for people over the age of 18. People under the age of 18 should only use the App with the consent and involvement of a parent or guardian.
- You should not use the App and should not accept these User Terms if you are a person, business or organisation prohibited from receiving the App under the laws of the United Kingdom or other countries, including the country in which you are resident or from which you use the App.
Medical and wellbeing disclaimer
By using the App and accepting these User Terms:
- You acknowledge and agree that the App is not intended to be a replacement for face-to-face psychotherapy or to provide a diagnosis, treatment or cure for a disease or condition.
- You acknowledge and agree that the App is not intended for use in crisis or emergencies or severe mental health conditions.
- You acknowledge and agree that the App cannot and will not offer medical or clinical advice.
- You acknowledge and agree that the App is not suitable for those with an eating disorder, psychosis, suicidal ideation and moderate to severe self-harm tendencies.
- You acknowledge and agree that Smile is not made for therapeutic use and therefore if you have any diagnosed or suspected mental health issues you will consult with your doctor or other healthcare professional before use.
- You acknowledge and agree that all of the information, suggestions, recommendations, meditations and all other wellness tools contained within the App (collectively the “Information”) are provided to you for informational purposes only and that the Information does not constitute medical advice and is not a substitute for the advice, recommendations, or instructions of your GP, physician or other appropriately qualified and registered healthcare professional.
- You acknowledge and agree that you will not rely on the Information contained within the App as an alternative to medical advice from your doctor or other healthcare provider.
- You acknowledge and agree that if you think you may be suffering from a mental health condition or indeed any other medical condition, you will seek immediate medical attention.
- You acknowledge and agree that you will never delay seeking medical attention or disregard medical advice or discontinue medical treatment because of the Information contained on the App.
- You acknowledge and agree that if you have any questions about your mental health or any other medical matter, you will consult with your doctor or other health care professional.
- You acknowledge and agree that the Information contained within App may not be appropriate for you and that Smile is not responsible for determining whether the recommendations are appropriate for you.
- You acknowledge and agree that by choosing to perform any of the exercises or tools explained, or discussed in the App (the “Exercises”) that you do so at your own risk and that you are responsible for making sure that the Exercises are carried out in a safe manner.
- You acknowledge and agree that it is your responsibility to get appropriate sign off (e.g. post-natally, during pregnancy or otherwise) from your GP, physician or other appropriately qualified and registered healthcare professional, prior to using any of the tools or following any of the exercises, suggestions or recommendations within App.
- You acknowledge and agree that you will not follow any of Exercises on the App if you know of any reason why you should not attempt them (e.g. due to your unique physical and health condition).
- You acknowledge and agree that if you are pregnant or suffer from any medical or physical condition or disability, you will not make any changes to your diet, nutrition, lifestyle, activities or exercise routines based on the Information contained within the App without first consulting your doctor or another suitably qualified professional.
- You will advise the appropriate healthcare practitioner if you are using one of the Exercises within the app during a medical procedure and that the person undertaking the procedure is aware.
- You acknowledge and agree that if you experience any faintness, dizziness, shortness of breath at any time while following any of the Information or Exercises depicted in the app, you will stop immediately.
- You acknowledge and agree that you will not use the App or undertake any of the Information or activities contained within it whilst driving, operating heavy machinery, or any other activity which requires your full concentration to avoid harming yourself or others.
- You acknowledge and agree that Smile makes no representations or warranties regarding any Information or opinions transmitted through the App. Smile does not warrant or guarantee that your adherence to any of the suggestions or recommendations contained within the Information transmitted via the App will provide the desired result e.g. improvement in wellbeing or otherwise.
- You acknowledge and agree that by choosing to follow any of the tools, suggestions or recommendations in the Information depicted on the App, you assume all risks attendant to your choices and actions, including without limitation the risk of personal injury and any associated costs or losses.
- You acknowledge and agree that Smile will not be liable for any damages of any kind arising from or otherwise related to your use of the App, including but not limited to direct, indirect, incidental, punitive and consequential damages.
- You must create a user account in order to use the Smile App. To create an account, you must accept these User Terms.
- When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.
- You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your phone and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorised 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. You may not use as a username any name that is offensive, vulgar or obscene.
- We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
- You can edit your account details on the Settings page within the App.
- You acknowledge that the availability of the live workshops offered within the app may be limited in number and you are not guaranteed a space by subscribing to the app. Workshops will be carried out online and you will ensure that you have the appropriate means by which to attend, this is not the responsibility of Smile.
- You acknowledge that workshops may be recorded, and some elements may be used for the purpose of advertising and social media correspondence.
- Information entered within the Reflections or Smile File are your personal information and are not the responsibility of Smile. Smile will not filter or regulate this information in any way.
Devices, operating systems & downtime:
- The App requires an Apple iOS or Android device to operate.
- The iOS Smile App will operate on Apple devices using the operating system iOS 14 or more recent.
- The Android Smile App will operate on Android devices using the operating system Android 10 or more recent.
- We reserve the right to change the versions of the operating systems that Smile is compatible with. This means that overtime, some devices and operating systems will not be able to access the latest version of the App.
- Your access to the App may occasionally be restricted to allow for repairs, maintenance or the introduction of new functionality or services. We will attempt to restore the service as soon as we reasonably can.
- Smile will use reasonable endeavours to provide technical or other support for the App.
- We make no promise that Information on the App is appropriate or available for use outside the United Kingdom, and accessing the App from territories where its content are illegal or unlawful is prohibited. If you choose to use the App outside the United Kingdom, you do so at your own initiative and are responsible for compliance within local laws.
- Except as required to use the App or otherwise permitted by law, you may not reproduce, modify, copy or distribute or use for commercial purposes any of the code or content of the App without written permission from Smile.
- The Smile App is for your personal use. By agreeing to these User Terms you agree to not replicate any part of it. You also agree to not share any part of it with 3rd parties.
- Nothing in these User Terms gives you a right to use any of Smile’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
- You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be contained in the App.
- If you breach these terms, you lose your right to use The App, and must destroy or return any copies you have made of the App or any part of it.
MODIFICATIONS TO THE APP
- Smile Mental Healthcare Ltd reserves the right to modify, suspend or discontinue, temporarily or permanently, the App with or without notice and without liability to you.
- Smile Mental Healthcare Ltd may from time to time provide enhancements or improvements to the features/functionality of the App, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
- Updates may modify or delete certain features and/or functionalities of the App. You agree that Smile has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the App to you.
- You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of these User Terms.
FEES & PAYMENTS:
- Smile commits to endeavour there is always some free content available to users.
- Your order is an offer to purchase a paid-for-subscription access to the App (the “Service”).
- The fee for Service is calculated and payable in advance, as set out in the subscription section under your Account in the app.
- Once a subscription option is selected by you, you will be taken to a third-party page to process the payment for your subscription.
- All available paid-for-subscription options give you the same Service, with full access to all the Information and features within the Smile App, just at different duration levels.
- The paid-for-subscription Service will be made available to you once your payment has been authorised. Smile shall be under no obligation to provide the Service to you until an authorised payment for the fee has been paid. At any point up until then, we may decline to supply the Service to you without giving any reason.
- All prices are expressed inclusive of any VAT payable unless otherwise stated.
- You agree that your purchase of the Service is not contingent on the delivery of any future content, functionality, features or associated products, or dependent on any communications from Smile.
- Any person who would benefit from the premium resources but is prohibited by the cost is encouraged to contact Smile directly through the contact link under the Account section of the App and Smile Mental Healthcare Ltd will provide a code to purchase the subscription for free.
Payments & Renewals:
- All payments are made through Stripe. Smile Mental Healthcare Ltd doesn’t have access to your full payment details.
- Your subscription will automatically renew, unless you choose to cancel your plan before the end of the current period.
- At the end of any period for which you have paid a fee for Services, your subscription will be automatically renewed for the equivalent period and you must pay the Service Fee which applies for the renewal, unless you cancel the renewal via your account, 24 hours before the date or renewal.
- Your account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of renewal.
- You can manage your subscriptions and you can turn off auto-renewal by accessing the ‘Manage subscription’ button in the account section of the Smile App.
Cancelling your subscription:
- You can cancel your subscription at any time by via the ‘Manage subscription’ button within the Account section of the Smile App. However, if you cancel your subscription within 24-hours of the renewal date, you may be charged for the new renewal period and continue to have access to the Service for the new period.
- You are solely responsible for any payment methods in place at the time of the cancellation ie. your subscription. Smile Mental Healthcare Ltd is not responsible for any charges, fees or payments that may incur as a result of not properly cancelling the Service.
- Smile reserves the right to change the pricing of the App and associated subscriptions at any time. This may include changes at different points in different territories.
- Smile will notify you of any changes at least one month in advance, and highlight changes that affect you. No charges will be claimed retroactively.
- If you purchase a subscription to Smile App, the sale is final, and we will not provide a refund.
- To cancel or dispute any charges you will need to communicate with our payment provider, Stripe, since payments are managed and governed by their terms and conditions.
- Smile Mental Healthcare Ltd is not able to offer refunds or partial refunds for any part of unused subscription.
- You agree to defend, indemnify and hold harmless Smile Mental Healthcare Ltd and its licensee and licensors, and their employees, Contributors, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the App, by you or any person using your account and password or b) a breach of these User Terms.
SMILE MENTAL HEALTHCARE LTD’S RESPONSIBILITIES AND LIMITATIONS
- Smile Mental Healthcare Ltd tries to provide the App with a reasonable level of skill and care. However, there are certain things that Smile cannot promise, as described below.
- Your use of the App is at your sole risk. The App is provided on an “As Is” and “As Available” basis.
Third- party services
- Third-Party Services and links and subject to such third parties’ terms and conditions.
- You understand that any and all third-party websites, links or data you may access through the App are provided solely as a convenience to you and you access and use them entirely at your own risk.
- Any Third-Party websites, services, data or links that you access through the App are the sole responsibility of the person, company or organisation from which they originated and are subject to such Third-Parties’ terms and conditions.
- The App includes links to Third Party websites and/or apps which are beyond our control. Smile is not responsible for any data, products or services available outside of The App.
- Smile Mental Healthcare Ltd works with a number of clinical experts (“Contributors”). We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any of our Contributors outside of the App content and Information.
- You further acknowledge and agree that Smile Mental Healthcare Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available from any Contributor we work with.
- Except as expressly set out in these User Terms, neither Smile nor its Contributors, suppliers, distributors, or investors, make any specific promises about the App or any of the Information available through it.
- Smile will use a reasonable level of skill and care to try to ensure all the Information within the App is correct, reputable and of appropriate quality, but it does not make any warranties or guarantees in relation to the accuracy or reliability of any Information or content provided through the App.
- You acknowledge that software can never be totally free from bugs and security vulnerabilities. Smile does not warrant that the App, its servers, the content and Information or emails sent from or on behalf of Smile Mental Healthcare Ltd will be secure, accurate, uninterrupted, free from errors, or free from virus viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
- The App 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, non-infringement or course of performance.
Limitations of liability
- Notwithstanding any damages that you might incur, the entire liability of Smile Mental Healthcare Ltd and any of its suppliers under any provision of the User Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Service / App.
- In no event shall Smile Mental Healthcare Ltd, nor its directors, employees, partners, Contributors, agents or suppliers be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App; (ii) any conduct or content of any third party on the App; (iii) any content obtained from using the App; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
- Some countries and jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
- These User Terms shall remain in effect until terminated by you or Smile Mental Healthcare Ltd.
- Upon termination of these User Terms, your right to use the App will immediately cease.
- We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the User Terms.
- If you wish to terminate your account, you may simply discontinue using the Service and cancel your subscription. You are solely responsible for any payment methods in place at the time of the cancellation ie. Subscription fees.
- All provisions of the User Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Smile Mental Healthcare Ltd with respect to the App shall remain the sole and exclusive property of Smile Mental Healthcare Ltd.
- Smile Mental Healthcare Ltd shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
AMENDMENTS TO THE USER TERMS
- We may update these User Terms from time to time for legal or regulatory reasons or to allow the proper operation of the App. Smile Mental Healthcare Ltd reserves the right, at its sole discretion, to modify or replace this User Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
- By continuing to access or use the App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the App.
- By accessing or using the App you agree to be bound by these Terms. If you disagree with any part of the User Terms then you may not access the App.
- If you breach these User Terms and Smile chooses to ignore this, Smile will still be entitled to use its rights and remedies at a later date or in any other situation where you breach these User Terms.
- Smile shall not be responsible for any breach of these User Terms caused by circumstances beyond its reasonable control.
- Nothing in these User Terms shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.
- These User Terms shall be governed by the laws of England and Wales, and you agree that any dispute between you and Smile will be dealt with only by the courts of England and Wales.
- If you have any questions on these User Terms, please contact [email protected].