Important Note:

What is the App?

The App is a branded mobile application developed by Wysa, customized for Swiss Re’s use and distribution. The App uses the Wysa proprietary platform and has been customized for use and distribution by Swiss Re to its clients. Your Institution is one of Swiss Re's clients. The Wysa proprietary platform is the technology platform owned and operated by Wysa. The App has a virtual AI-based chat platform (“AI Coach” or “Wysa AI Coach”) that You can chat with. Your Interaction with the AI Coach is with an artificial intelligence system and not a human. The App is available for both iOS and Android mobile systems.

The AI Coach is restricted in the means of response. 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.

The intended usage of the App and Service 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. Using the App, You can track and manage Your mood, and learn context-sensitive evidence-based techniques that can help You feel better. The 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. The 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 medical conditions including but not limited to 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 (less than 18 years of age), someone with a 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.

Who can Use the Service?

You may use the App and Service only if You are a natural/legal person and over 18 years of age. You 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. If Your Institution specifies a different age restriction as a condition of using this Service, that restriction shall apply rather than the one above.

We do not process any information about criminal convictions and offenses. You should also not provide us with any such information during your use of our App and Services.

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.

The App License

Subject to this Agreement, Wysa hereby grants You a non-exclusive, limited, non-transferable, freely revocable license to use the 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 App, Service and the Wysa Content (as defined later in this Agreement).

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.

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 App. 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.

Additional Service-related terms

1. The App may offer in-app promotions from time to time such as upgrades to a plan for a limited time period. You understand and agree that such promotions may be available only once and cannot be extended or be transferable across multiple plans;
2. You have rights and these can be viewed in the Privacy Policy. If You have any questions, inquiries or complaints, please contact Us at [email protected]. Wysa may ask additional information from You to service Your request appropriately. Please note that We may require to verify You before responding to any requests to exercise Your rights;
3. We do not collect any Personally Identifiable Information from You. At the same time, we and our Partners will also use limited anonymized data for research and statistical purposes to improve Our Product and Services and contribute to the development of user-centered best practices for mental wellbeing globally. Please refer Privacy Policy on how we handle Your data;
4. Wysa Services depend on various factors such as software, hardware and communications networks, and its processors. Wysa does not guarantee that the App Service will be uninterrupted or that it will be timely, secure or error-free. Wysa may hold Service Level Agreements with Your Institution to provide Our App and Services;
5. All conversations and data obtained during the course of the Service is confidential. You agree and authorize Wysa to collect and process Your data in accordance with our Privacy Policy;
6. Wysa may disclose your data if Wysa reasonably believes that disclosure is necessary in order to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority or Your personal safety;
7. The App and Service may provide links to external resources or other content in third party websites. 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. You acknowledge and agree that Wysa does not endorse such third party products, Services or advertisements and is not responsible for the availability of such third party links, content, web sites, products 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. You warrant and agree that Wysa will not be responsible or liable, directly or indirectly, for any damage or loss or injury caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, content, product and/or Service. Wysa encourages You, the User, to, at a minimum, be aware of and to review the terms of service and the privacy practices related to third party sites;
8. You understand that the use of technology is not always secure and You accept the technology risks during use of Your mobile device. You will follow good security practices during digital use including but not limited to setting a PIN to protect access, not sharing this with anyone, and not leaving your phone or chats unlocked for others to see. You understand and agree that safe use is Your responsibility, and Wysa will not be responsible in any event arising out of unauthorized access to Your chats or other data;
9. It is agreed between You, Your heirs, agents, assigns, personal representatives and next of kin and Wysa, our Partners and their officers, directors, employees, contractors, members, agents and assigns that any disputes or claims arising out of or relating to the Agreement, or the breach of this Agreement, will be mutually addressed by all parties towards a resolution. Any such resolution may occur over the telephone. In the event that the dispute has not been resolved after 60 days then the terms of dispute resolution mentioned in Agreement will be followed by both the parties;
10. You, for Yourself and on behalf of Your heirs, agents, assigns, personal representatives and next of kin, hereby release from liability, indemnify and hold harmless Wysa, and their officers, directors, employees, contractors, members, agents and assigns (collectively “the Indemnified Parties”) from and against any and all claims, losses, causes of action, costs, damages, expenses, injury and liabilities whatsoever, that You, Your heirs, agents, assigns, personal representatives and/or next of kin may have against the Indemnified Parties, which may incur, or which may arise out of or as a result of Your use of the App and Service, features and functionalities provided by Swiss Re, or other partners or third parties, and/or reliance upon advice provided therefrom, whether caused by your own actions or inactions, by the negligent act(s) or omission(s) of the indemnified parties, or otherwise, to the fullest extent permitted by law;

What are the Service Rules?

You agree not to engage in any of the following prohibited activities:

1. copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping";
2. using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Wysa servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
3. transmitting spam, chain letters, or other unsolicited email;
4. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
5. taking any action that imposes, or may impose at Our sole discretion an unreasonable or disproportionately large load on our infrastructure;
6. uploading invalid data, viruses, worms, or other software agents through the Service;
7. disclosing, collecting or harvesting any personally identifiable Information, including account names, from the Service;
8. using the Service for any commercial solicitation purposes;
9. impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity;
10. interfering with the proper working of the Service;
11. accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
12. bypassing the measures We may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

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, our Partners 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:

1. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal;
2. may create a risk or any other loss or damage to any person or property;
3. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
4. may constitute or contribute to a crime or tort;
5. contains any Information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
6. contains any Information or content that is illegal (including, without limitation, the disclosure of insider Information under securities law or of another party's trade secrets);
7. contains any Information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships;
8. contains any Information or content that You know is not correct and current;
9. violates any school, Institution or other applicable policy, including those related to cheating or ethics;
10. interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity;
11. except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials, solicit Service letters or certificates, or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.

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 and our Partner severally, 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.

Wysa 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 the App 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.

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 Wysa and Swiss Re’s respective intellectual properties, You expressly agree not to disclose or communicate any proprietary and confidential Information about Wysa or Swiss Re’s 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 and Swiss Re;

In connection with your User Content, You affirm, represent and warrant the following:

• You have the consent of each and every identifiable natural person in the User Content to use such a person's name or likeness, and each such person has released You from any liability that may arise in relation to such use of such User Content.
• Your User Content and Wysa's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third-party, including but not limited to any Intellectual Property Rights and privacy rights. Wysa and Swiss Re takes no responsibility and assumes no liability for any User Content that You or any other User or third-party posts or sends over the Service. You shall be solely responsible for Your User Content and the consequences of posting or publishing it, and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your User Content. You understand and agree that in spite of Our best efforts You may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to Your purpose, and You agree that Wysa shall not be liable for any damages or injury or losses You allege to incur as a result of User Content.

Additional Information about the App

The App is a Software and made available to access the Service via a smartphone (mobile) device. To use the App You must have a mobile device that is compatible with the software. Wysa hereby grants You a non-exclusive, limited, non-transferable, freely revocable license to use a compiled code copy of the App for one Wysa Account owned or leased solely by You, for Your personal use. Wysa does not warrant that the App will be compatible with Your mobile device. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party or use the App 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 App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that Wysa may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App 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 App 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 App or any copy thereof, and Wysa or its third-party partners or suppliers retain all right, title, and interest in the App (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 App originates in India, and is subject to Indian export laws and regulations. The App may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from India. In addition, the App 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 App 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.

If 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 and Swiss Re 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. Please 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 App 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. It is hereby clarified that Wysa has a right to but not an obligation to monitor the content on the Website and the App. Accordingly, neither Wysa nor Swiss Re shall 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 the App.

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. 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.

Indemnity & Warranty

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. Neither Wysa nor Swiss Re shall have any 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, Swiss Re or any of their subsidiaries, affiliates, and 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.

Neither Wysa nor Swiss Re 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 neither Wysa nor Swiss Re shall be a party to or in any way monitor any transaction between You and third-party providers of products or services.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Wysa, Swiss Re or any of their 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 or Swiss Re 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, neither Wysa nor Swiss Re assume any 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 and Swiss Re (including its affiliates, agents, directors, employees, suppliers, or licensors) severally under such circumstance for liabilities that otherwise would have been limited, shall not exceed the greater of USD 100 each or the total amount of fees paid to Wysa, or Swiss Re, respectively, 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 and Swiss Re have 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 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 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.

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 Bengaluru, Karnataka, India 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?