Terms of Service
Last Updated: 31st July 2024
These Terms of Service (“Terms”) apply to and govern your access to and use of any website, mobile website, social media site, software, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, including any transactions, orders, sales, purchases, or the acquisition of goods or services (collectively the “Service”), that are owned, operated, or provided by a United We Care, Inc., or its subsidiaries, divisions, and affiliates (“United We Care”).
United We Care offers the Service, including all information, tools, services, goods, and products available through the Service, to you conditioned upon your acceptance of all terms, conditions, polices, and notices stated herein or incorporated by reference. Please read these Terms carefully before using our Service or making any transaction, order, or purchase. By making any transaction, order, or purchase, or by visiting or otherwise using the Service in any manner, you acknowledge and accept without limitation or qualification, that you have read and understood these Terms and you agree to be bound by them. You also acknowledge, agree, and consent to the terms of our Privacy Policy which is incorporated herein by reference. If for any reason you do not accept and agree to these Terms or those set forth in the Privacy Policy, then accessing the Service is strictly prohibited and you must immediately exit.
By using the Service, you agree that you are at least the legal age of majority in the jurisdiction in which you reside or, if you are not, that you have obtained parental or guardian consent. The Service is not targeted for use by children under the age of eighteen, and if you are under the age of eighteen, you are not allowed to use the Service.
United We Care may change these Terms at any time and at its sole discretion. Any changes to the Terms will be effective immediately upon posting on the Service. Your continued use of the Service after such posting will constitute your acceptance of and agreement to such changes. Therefore, you should frequently review these Terms of Use and the Privacy Policy to see if they have been changed.
If we make any material changes, and you have registered to use the Service, we will also send an email to you at the last email address you provided to us. Your continued use of the Service after our provision of notice to you will constitute your affirmative acceptance to the modified Terms. If you do not agree to, or cannot comply with, the Terms as amended, you must stop using the Service.
THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE SERVICE, ARE LEGALLY BINDING, LIMIT UNITED WE CARE’ LIABILITY TO YOU, REQUIRE YOU TO INDEMNIFY UNITED WE CARE, AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE SERVICE AFFIRMS YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS OR AMENDMENTS TO THESE TERMS, DO NOT USE OUR SERVICE.
These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.
UNITED WE CARE IS NOT A MEDICAL PROVIDER AND DOES NOT PROVIDE EMERGENCY SERVICES OF ANY KIND. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
MEDICAL SERVICES AND RELATED ADVICE
UNITED WE CARE DOES NOT PROVIDE MEDICAL ADVICE, MEDICAL SERVICES, OR MEDICAL CARE. United We Care contracts with Prosper Clinical Group DE, P.A., (“Prosper Clinical Group”) an independent, medical group with a network of United States based Providers who provide clinical telehealth services. Prosper Clinical Group Providers deliver clinical services via the United We Care platform to their patients. We offer an online communication platform for these Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers. As set forth below, some of these communications may be by secure video, interactive-audio, text messages or other communicative mediums that may be insecure, and you specifically acknowledge and consent to the utilization of communicative mediums that may be less secure or vulnerable to unauthorized access associated with the Service.
Providers are independent of United We Care and merely use our Site to communicate with you. United We Care does not employ or contract with Providers. Providers are independently contracted or employed by Prosper Clinical Group. Thus, Providers, and not United We Care, are responsible for the quality and appropriateness of the care they render to you, as well as for the security and integrity of any communicative mediums used with you.
Neither United We Care, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service or for any information obtained from the Site. United We Care does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. By using our Service, you acknowledge and accept that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk, and you assume full responsibility for all risks associated herewith.
United We Care does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service, or the security of any communicative mediums provided by United We Care. You will be provided with available Providers based solely on the information you submit to the Site. You are ultimately responsible for choosing your particular Provider.
The content of the Site and the Service, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by United We Care. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by United We Care, or in connection with any communications supported by United We Care, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While United We Care facilitates your selection of, and communications with, Providers, United We Care does not provide medical services, and the doctor-patient relationship is between you and the Prosper Clinical Group Provider you select.
Risks of Telehealth Services
By using our Service, you acknowledge the potential risks associated with telehealth services. These risks include but are not limited to the following:
- Information transmitted may not be sufficient—for example, because of poor resolution of images—to allow for appropriate medical or health care decision making by the Provider;
- Delays in evaluation or treatment could occur due to failures of electronic equipment;
- A lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; and
- Although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail, causing a breach of privacy of your health information, and certain mediums of communication used to communicate with you- such as text messages- may be less secure than others that are commercially available.
Ownership of Service
The Service and all of its content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively referred to as the “Content”), are all proprietary and owned or controlled by United We Care, our licensors, and certain other third parties. All right, title, and interest in and to the Content available via the Service is the exclusive property of and owned by United We Care, our licensors or certain other third parties, and is protected by United States and international copyright, trademark, trade dress, patent or other intellectual property laws to the fullest extent possible.
A limited, revocable, nontransferable license is granted to temporarily download one copy of the intellectual property displayed via the Service for personal, non-commercial transitory viewing only. This is not a transfer of title, right, or interest in the Service or Content. The license does not give you the right to, and you are strictly prohibited from, copying the Content, modifying the Content, using the Content for any commercial purpose, publicly displaying the Content, attempting to decompile or reverse engineer the Content, removing any copyright, trademark, or other proprietary notations from the Content, or otherwise infringing upon the intellectual property rights of United We Care or its licensors. This license shall automatically terminate if you violate any of these restrictions, or any provision of the Terms, and may be terminated by United We Care at any time for any or no reason. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Except as expressly provided in these Terms, no assignments or license of intellectual property are granted by United We Care.
You may use the Service only for lawful purposes and shall not: (1) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (2) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (3) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (4) interfere with or disrupt the integrity or performance of the Service or its related systems or networks. We reserve the right to determine whether or not your use of the Service is acceptable and to immediately revoke your access to the Service at our sole discretion.
United We Care owns and uses several trademarks on the Service, including but not limited to United We Care and related logos. All rights are reserved by United We Care. All other trademarks, brands, and names are the property of their respective owners. Nothing contained in the Service should be construed as granting any license or right to use any trademark displayed on this site without the express written permission of United We Care or such third-party that may own the trademark.
Some features of the Service may now or in the future allow you to provide content, such as written comments or reviews, to be published or displayed on public areas of the Service (“User Content”). All content submitted by you to the Service may be retained by us indefinitely, even after you terminate your account. By submitting any User Content, you grant to United We Care a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Content in any manner, including to create derivative works, without any compensation or notice to you. Your User Content may be posted and transmitted to others at your own risk. We cannot control the actions of other users of the Service with whom you may choose to share your User Content.
Disclaimer and Limitations of Liability
THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SERVICE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SERVICE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICE OR FROM ANY INFORMATION OR MATERIALS ON THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICE.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered, to the maximum extent permitted by law, including but not limited to that permitted by California Civil Code Section 1542, which states “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Indemnification
Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless United We Care and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Service, including use of any good, product, or service purchased through the Service, (b) violation of these Terms by you, and (c) the acts or omissions of any other User. If you fail to promptly indemnify and defend a covered claim, United We Care shall have the right to defend itself, and in such case, you shall promptly reimburse United We Care for all of its associated costs and expenses. United We Care reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.
Account, Password, and Security
You may only create and hold one account for your personal use. You are the sole authorized user of your account and agree to provide true, accurate, current, and complete information about yourself in connection with your account. You are responsible for maintaining the security and confidentiality of any password and account number provided by you or United We Care for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. United We Care may assume that any communications it receives through your account have been made by you unless United We Care receives notice otherwise. United We Care expressly disclaims any liability from misuse of your account. Should you suspect that any unauthorized party may be using your password or account or you suspect any breach of security, contact United We Care immediately at [email protected]. You will not sell, transfer, or assign your account or any account rights. Accounts may only be set up by the individual that is the subject of the account, and who is of the age of majority. We generally do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate in our sole and exclusive discretion, with or without notice.
YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS, TRANSMISSIONS, ORDERS, PAYMENTS, FINANCIAL TRANSACTIONS, AND OTHER OBLIGATIONS INCURRED THROUGH SUCH ACCESS OR USE.
Links to Other Websites
The Service may provide links to other third-party websites (“Linked Sites”). United We Care has not reviewed all of the information on the Linked Sites, does not maintain Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site. The content of, including materials and information contained on, any Linked Site is solely the responsibility of the provider of that Linked Site. United We Care is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by United We Care of the Linked Site. The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of United We Care. If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, recommendation of, or affiliation with, the third party or its products and services. United We Care makes no representation or warranty as to any Linked Site content, products, or services, and you agree that United We Care 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 third-party content, products, or services available on or through any Linked Site or similar resource.
AS PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES.
Third Party Applications
United We Care is not responsible for the services provided by any third-party application. If you decide to use any third-party application service, including in connection with United We Care, you do this entirely at your own risk. United We Care makes no representation or warranty as to any third-party application, products, or services, and you agree that United We Care 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 third-party application, products, or services made available to you by United We Care solely for your convenience. We recommend you review the terms and policies of any third-party applications prior to your use of or access to the same.
Payment Terms and Fees
Certain features of the Service, including, without limitation, subscribing to a membership or the placing or receipt of service orders, may require you to make certain payments, including commissions or other fees. Any fees that United We Care may charge you for your use of or access to the Service are due immediately when charged by United We Care and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Service either planned, accidental or intentional, or any reason whatsoever. United We Care reserves the right to determine and change any payment term, rate, mechanism, or structure at any time with notice to you. United We Care, in its sole discretion, may offer credits or refunds on a case-by-case basis.
Fees will be displayed in United States Dollars. By confirming your purchase at the end of the checkout process, you agree to accept and pay the fees as well as all applicable taxes and currency conversion fees.
United We Care may from time to time offer special promotions or offers. Promotional codes, discounts, and offers (“Promotions”) are limited in nature and may expire or be discontinued with or without notice. Promotions are void where prohibited by law. Promotions may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any Promotions. Other Promotions, including sweepstakes, contests, raffles, surveys, or games, may be governed by rules that are separate from or supplement these Terms. If you participate in any Promotions, please review the applicable rules. If the specific rules for a Promotion conflict with these Terms, the Promotion rules will govern.
United We Care may use third party services to process payments, such as Stripe, which have their own separate terms of service. While United We Care will use commercially reasonable efforts to ensure the security of all payment information such as credit cards or bank account numbers, United We Care expressly disclaims any liability for any damage that may result should any third parties gain access to such information, and you agree to hold United We Care harmless for any damages that may result therefrom.
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be current, complete, truthful, and accurate. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your order. Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any transaction. We reserve the right to refuse or cancel an order for any reason including limitations on availability, inaccuracies, or errors in service or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. United We Care may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. We are not responsible for any fees or charges that your bank or credit card issuer may apply.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Termination and Suspension
United We Care may terminate or suspend your right to use the Service at any time and for any reason. Without limitation, United We Care may terminate or suspend your right to use the Service at its sole discretion, without refunding any unused fees or credit on your account, if you violate any term of this Agreement or any policy of United We Care posted on the Service, or if United We Care otherwise finds that you have engaged in unlawful or inappropriate behavior in connection with your use of the Service. In addition to terminating or suspending your account, United We Care reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you regarding your prior use of the Service.
Copyright Complaints and DMCA Copyright Agent
United We Care complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.
Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on our Service. The abuse team will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if United We Care has control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for United We Care to determine the legitimacy of the signature and the identity of the signatory;
- Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site, including citation to the applicable copyright registrations where available;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit United We Care to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the website or online content at issue;
- Information reasonably sufficient to permit United We Care to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE:”
United We Care Copyright Agent Name : United We Care INC
- Address: 2810 N Church St, Wilmington
- State: Delaware
- Zip Code: 19802-4447
- Email Address: [email protected]
Please note if any notification of claimed infringement does not meet the above requirements, United We Care has no responsibility to respond to or act on any such defective notification of claimed infringement.
If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA. It must include the following, which includes a certification made under penalty of perjury:
- Your physical or electronic signature, as well as information sufficient for United We Care to determine the legitimacy of the signature and the identity of the signatory;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Southern District of Florida, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or the Complainant’s authorized agent.
Any such counter notification must be sent to:
United We Care Copyright Agent Name : United We Care INC
- Address: 2810 N Church St, Wilmington
- State: Delaware
- Zip Code: 19802-4447
- Email Address: [email protected]
Modifications to the Service
United We Care reserves the right in its sole discretion to review, improve, modify, or discontinue, temporarily or permanently, the Service or any content or information on the Service with or without notice. United We Care will not be liable to any party for any modification or discontinuance of the Service, in part or in its entirety.
Arbitration of All Claims on an Individual Basis
You and United We Care agree that any and all disputes or claims that have arisen or may arise between you and United We Care that relate in any way to your participation in, use, or access of the Service, including but not limited to services provided by a Medical Group Provider, or the actions of United We Care or its agents, shall be resolved through confidential, final and binding arbitration rather than in court, with the exception of any dispute relating to the enforcement or validity of intellectual property rights. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Agreement to arbitrate.
If a dispute arises between you and United We Care, we want to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Please contact us regarding disputes between you and United We Care related to the Service.
UNLESS YOU AND UNITED WE CARE AGREE OTHERWISE, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL PROCEEDING. ALSO, TO THE EXTENT AVAILABLE BY LAW, AND SUBJECT TO THE DAMAGE LIMITATIONS DISCUSSED HEREIN, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR, AND FOR THE BENEFIT OF, THE INDIVIDUAL PARTY SEEKING RELIEF. If a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this Section shall still apply. Specifically, if a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for public injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) may be severed from the arbitration and may be brought in court, subject to your and United We Care’s right to appeal the court’s decision. All other claims shall be arbitrated.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and held in Broward County, Florida or ay another mutually agreed location.
The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration, and arbitrator fees will be governed by the JAMS’s rules which can be found online through the JAMS website at https://www.jamsadr.com/.
Governing Law and Venue
This Agreement will be is governed, construed, and enforced under the laws of the State of Florida, without regard to choice of law principles. Any action arising under or related to this Agreement shall be filed in a state or federal court located in Palm Beach County, Florida (except for small claims court actions which may be brought in the county where you reside). You hereby submit to the jurisdiction and venue of said courts and consent to service of process by email in any legal proceeding.
Severability
You and United We Care agree that if any portion of these Terms is found illegal or unenforceable, that portion will be construed to be enforceable to the maximum extent permitted by law and the remainder of the Terms will remain valid and enforceable to the maximum extent permitted by law.
No Agency
No independent contractor, agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms.
Entire Agreement & Notice
These Terms, including the Privacy Policy, constitute the entire agreement between you and United We Care with respect to the Service and supersedes any previous version of these Terms. Failure by United We Care to enforce any provision of these Terms will not be construed as a waiver of any provision or right. These Terms will inure to the benefit of United We Care and its successors and assigns.
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date. You further agree that other than inquiries or notices where separate contact information is specified herein (such as DMCA or security reporting), you will contact us directly with any inquiries or notices regarding these Terms via email at [email protected].
Questions and How to Contact Us
If you have any questions regarding these Terms or otherwise need to contact us, please email us at [email protected] contact us by United States mail at
- Address: 2810 N Church St, Wilmington
- State: Delaware
- Zip Code: 19802-4447
UWC Inc. AI Terms of Service
Welcome to UWC, the mobile and online service of United We Care and Stella Private Limited (hereinafter referred to as "UWC", 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 United We Care Inc., a private company registered in the USA. The domain name www.UnitedWeCare.com and all associated subdomains (hereinafter referred to as "Website") and UWC mobile application, web-based and online applications ("Mobile Software" or "UWC App") is owned and managed by United We Care INC. You may use our Apps to access one or more of our services and offerings (collectively the "Service(s)" or “UWC Service”).
- AI chatbot (“Stella”).
- Digital selfcare tool-packs.
- Emotional well-being professionals.
- Guided-group meditations.
- Services purchased from our website and web pages.
- Digital front door or education, diagnostic, or emotional well-being support.
- Multi-lingual offerings (available in select geographies only).
- Online controlled and real-world research studies
- Validated preventative guided programs for Institutional users.
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 organizations. 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 UWC and your Institution in order to proceed with using the Institutional Service.
By accessing or using the UWC 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, and terms of any other policies of UWC as may be applicable to You whether or not You are a registered User of Our Service. These Terms of service, Privacy 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 UWC, 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.
Important Notice:
- If You are having suicidal thoughts or planning to act on suicidal thoughts, or if You feel that You may be a danger to Yourself or to others, or if You otherwise have any medical or mental health emergency or severe mental health condition, or if You are in a crisis or trauma or abuse, please discontinue use of the Service immediately and call the relevant emergency number in Your country or the approved helplines provided by Your Institution.
- UWC is not to be used by children under 18 years of age. UWC does not take responsibility for any misrepresentation of age and use.
- Your interaction with Stella is with an AI system and not a human. Stella is restricted in the means of response, and the intended use is for providing evidence-based tools and techniques to manage emotions and encourage mental well-being in a self-help and self-monitoring context. It is not intended for providing diagnosis, treatment or cure of a condition or disease. Stella cannot and will not offer education on issues it does not recognize.
- Your interaction with UWC Professional Services is with a human who is a highly trained and qualified emotional health and well-being professionals.
- When you subscribe to our UWC Professional Services, you get human-supported emotional well-being services which are not a replacement for treatment-focused therapy. UWC emotional well-being professionals draw on various evidence-based psychological and lifestyle coaching techniques to provide empathetic and non-judgmental support to help service users strengthen their self-esteem and ace through emotional hurdles and current concerns to reach their goals. The service being offered is thus an enabling and empowering mode of support. If any user is found to need a diagnosis, treatment or any other regulated service, under our protocols, the mental health professionals focus on motivating them to seek out a locally licensed professional, and help them problem-solve around barriers to access.
- Audio-Video based sessions with UWC Professional Services are available only in select geographies and Apps. It may not be available in your region if not mentioned within the app. You may be asked to set up an account with a 3rd party audio-video application provider to use the service.
- UWC Professional Services are 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 or provide any type of state-regulated mental health services in Your country of residence. It is an enabling and empowering mode of support, rather than treatment of illness or a health condition.
- By using the UWC Professional Services, You understand and agree that the professional assigned to work with You will be located remotely and may not be located in Your country or state of residence.
- Stella and UWC Professional Services cannot and will not offer medical or clinical education. In case You mention the need for such education, they will suggest that You seek advanced (medical) assistance.
- UWC App is designed to offer general mental health education and support and cannot offer condition specific education for complex medical conditions such as complex long-term illness, cancer, infertility or genetic disorders among others.
- 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, sleepwalking, excessive daytime sleepiness, dizziness or tremors. The UWC 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.
- We take all reasonable care to keep Your conversations private and secure. You can also keep Your conversations private and device secure by following the best practices outlined in the Privacy Policy.
- For safety and security reasons, We strongly recommend that You keep Your conversations with UWC App private. We strongly recommend that You set automatic updates of the UWC App in the application manager settings of Your mobile device; to get the latest UWC App-based features and fixes. Always exit the UWC App version in Your mobile device by using the back button before upgrading to a newer version to prevent loss of ongoing or previous conversations.
- Your submitted Data will be transferred, stored and processed in Our secure servers hosted by our cloud service providers. You understand and agree that We may transfer, store and process minimal data outside Your region to enable us to provide Our services. These could be to regions where data protection laws may be less stringent than those in Your country. Such data handling will be based on Our Privacy Policy.
- The App and its Services are primarily in the English language. Some of the Stella modules, emotional well-being professional services and tools are enabled for multi-language and multi-cultural use.
- The App and its Services cannot and should not be used by a third-party for Independent Research and Clinical Studies without the explicit permission of UWC.
What is UWC App?
The UWC App has a virtual AI-based system (“Stella” or “UWC Stella App”) 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 or for Institution Users, to be able to use an Institutional support mechanism integrated within the UWC App, and through a conversational interface get access to tools and techniques to manage Your emotional well-being. The UWC App is available for both iOS and Android mobile systems and as a web browser-based system either on the UWC’s web application or integrated within an Institution website. Your Interaction with the Stella is with an artificial intelligence system and not a human. Stella is restricted in the means of response, and the intended usage of UWC 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 Stella, 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 Stella cannot and will not offer education on issues it does not recognize. Using the UWC App, You can track and manage Your mood, and learn context-sensitive evidence-based techniques that can help You feel better. UWC 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. UWC App is designed to offer general mental health education and support and cannot offer condition specific education for complex medical conditions such as complex long term illness, cancer, infertility or genetic disorders among others. UWC App and Service cannot and will not offer medical or clinical education. 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, sleepwalking, excessive daytime sleepiness, dizziness or tremors. The App may not be right for You if You are; 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.
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 UWC, 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 UWC Privacy Policy and the UWC Terms of Service with Your parent or legal guardian, and in such a case the Agreement shall be deemed to be a contract between UWC 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 helpus@unitedwecare. Anyone under 18 years of age is strictly prohibited from creating an account and/or using the Service. UWC 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 UWC professional Services,
- You may be asked to set up an account with a 3rd party audio-video application provider.
- You may be asked to provide your informed consent to use the services.
- You may be asked to provide emergency contact details for your safety purposes.
- Without receiving your informed consent or parental or legal guardian consent, We will be unable to offer Our full Services.
UWC 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 UWC.
Institution version of UWC App
Enterprises, Organization, school, university, trust, service, hospital, clinic, research institution or other public or private organization (“Institution(s)”) may introduce UWC App to their employees, patients and members. These Institutions may also customize UWC App and add or replace certain UWC Service(s) or integrate their own Services within the UWC App (“Institution version of UWC App'') or request UWC professional Services outside the UWC 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 UWC App or the Institution version of UWC 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 UWC App and Services. In the event of any conflict with such additional terms and privacy policy, UWC’s Agreement shall apply. UWC App may carry links to material or Websites or Web Pages or Services managed by third parties on which the Institution and UWC 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 UWC 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.
UWC License
Subject to this Agreement, You are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the UWC App and Service for Your personal use only and as permitted by the features of the Service. UWC reserves all rights not expressly granted herein in the UWC App, Service and the UWC Content (as defined later in this Agreement). UWC has the right to terminate this license at any time for any reason or for no reason.
About UWC Accounts
Creation of an Account via registration is currently not required. UWC 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 UWC 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 UWC immediately of any breach of security, unauthorised access to Your chats or other data, or unauthorized use of Your Account. UWC 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 UWC Professional Services
[This section applies only to the conversations with a UWC emotional well-being professional. For some Institution version of UWC App, UWC 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 UWC Professional Services provided to You on the UWC App, the following terms will apply:
- UWC Professional Services is a Premium Service provided by the UWC App;
- You have chosen to utilize the Services of a UWC Professional Services engaged by the UWC App by choosing and subscribing to an offered subscription, plan or bootcamp;
- Unless required for emergency reasons, avoid sharing Your Personal data (such as full name, date of birth, gender, contact numbers, address, financial identifiers, government-provided identifiers) or Your medical-related data or any other sensitive data (such as Your sexual preferences, religious or political opinions, financial data) when You use the UWC emotional well-being professional Services;
- You can access the UWC Professional Services by providing a non-personally identifiable nickname, or User name. You have responsibility for the conduct, postings and transmissions that are made under Your User name;
- The UWC Professional Services is provided by highly trained and qualified professionals. By using the UWC Professional Services, You understand and agree that the professional assigned to work with You will be located remotely and may not be located in Your country or state of residence. UWC emotional well-being professionals are fully qualified and licensed in their geographies. However, please be aware that they may not be licensed to practice in Your state, country or geography;
- When you subscribe to the UWC Professional Services, you get human-supported emotional services which are not a replacement for treatment-focused therapy. UWC professionals draw on various evidence-based psychological and lifestyle coaching techniques to provide empathetic and non-judgmental support to help service users strengthen their self-esteem and work through emotional hurdles and current concerns to reach their goals. The service being offered is thus an enabling and empowering mode of support. If any user is found to need a diagnosis, treatment or any other regulated service, under our protocols, the professionals focus on motivating the user to seek out a locally licensed professional, and to help them problem-solve around barriers to access;
- The UWC Coach Service is a text-based messaging or audio-video based (not available in all regions) emotional well-being professional service. It will apply motivational interviewing and life coaching to help You work towards Your personal well-being goals. The Service will focus on building wellness and emotional resilience. The underlying principle of this Service is that You have the knowledge and capacity to make desired changes in Your life. The authorised emotional well-being professional will support You in finding Your own way, help You tap into Your own strengths and abilities, so that You can identify and use resources around You to fill any gaps;
- The UWC Therapist Service is a text-based messaging or audio-video based (not available in all regions) professional service. It will use person-centered supportive listening, motivational interviewing and evidence based approaches like evidence-based approaches like CBT principles to help You to take control of Your mental and emotional well-being. UWC Therapists will draw on various evidence-based techniques to provide empathetic and non-judgmental support. The authorised professional will listen to Your worries empathetically, promote positivity and support You in making successful lifestyle changes, so that You can manage Your situation better and build emotional resilience;
- The UWC App allows You to connect and have text-message based scheduled sessions or where available, an audio-video based session with a UWC emotional well-being professional. You understand and agree that the Services offered are solely for the purpose of listening to You, supporting You in achieving Your defined goals and pointing You to the right UWC App tools;
- Audio-Video based sessions with UWC Professional Services are available only in select geographies and Apps. It may not be available in your region if not mentioned within the app. Please check with Your emotional well-being professional regarding availability in your region or write to us at [email protected]. You may be asked to set up an account with a 3rd party audio-video application provider to use the service;
- You understand and agree that UWC Professional Services is not a substitute for face to face psychotherapy, and/or does not provide a diagnosis, prognosis, treatment or a cure for a disease/condition/disorder or disability, and/or does not provide any type of state-regulated mental health services in Your country of residence;
- The UWC Professional Services do not provide any medical, psychiatric, or other professional health care education. They are not intended to be used to assess health conditions or substitute for professional medical education, or relied upon for diagnosis or treatment. Use of UWC Professional Services does not create or constitute a physician-patient relationship with any UWC Professional Services or anyone acting on behalf of UWC;
- UWC Professional Services is not a crisis or emergency Service. If at any time You experience an emergency, medical or otherwise, please immediately reach out to the emergency contact in Your local area of residence;
- The UWC App will assign a UWC Professional Service individual to You when when you schedule Your first session;
- After this step, You may be requested to provide an Informed Consent and Emergency Contact authorization details. The Informed Consent will be required before Your first Session with the UWC Professional Services .Your UWC Professional Service individual will also explain the Pros and Cons of online-based modality during Your early sessions with them;
- You will also be able to switch your UWC emotional well-being professional at any time after Your first session by writing to UWC at [email protected]
- Sessions are scheduled at the mutual convenience of the User and the UWC Professional Services individual ;
- You are responsible to schedule a session with Your assigned UWC Professional Services individual ;
- Aside from a scheduled session, You can send unlimited messages and chats and the UWC Professional Services will try to respond within 24 hours. Messaging will be only by text-based chat and only through the UWC App. You agree to not collect contact details or any other personal information, or contact Your UWC Professional Services individual outside of the UWC App;
- Your Audio-Video sessions with a UWC emotional well-being professional are never recorded and stored. No playback or recording transcript will be available;
- You agree to not record and store Your Audio-Video Sessions with Your emotional well-being professional either within or from outside of the App;
- If Your UWC Professional Services individual is not available to take scheduled sessions due to any personal or emergency reasons, UWC will provide You with an alternate UWC Professional Services individual. You can always opt to reschedule Your session;
- It is the intention of Your UWC Professional Services individual provide Services that will assist You in reaching Your goals. Based upon the Information that You provide and the specifics of Your situation, Your UWC Professional Services individual will provide recommendations to You. Users, and UWC Professional Services are partners in the supportive process. You have the right to agree or disagree with Your emotional well-being professional recommendations;
- You agree to cordial messaging or conversation etiquette with Your UWC emotional well-being professional and to post messages or converse in accordance with the User Content section within this agreement;
- The UWC App serves as a “connector” for You to access online UWC Professional Services individual. You agree that You are using the Services in your best judgement, and UWC will not make any representation or warranty as to (a) the accuracy or availability of the UWC App, (b) the willingness or ability of the UWC Professional Services individual to listen, (c) the willingness or ability of any UWC Professional Services individual to give education, (d) whether You or anyone else shall find a UWC Professional Services individual helpful, useful or satisfactory, (e) whether You or anyone else shall find a UWC Professional Services education relevant, useful, accurate or satisfactory, (f) whether the education of the UWC Professional Services individual will be relevant to the User’s question, or (g) whether the UWC Professional Services education will otherwise be suitable to Your or anyone else’s needs;
- UWC performs a reference and background check of all UWC Professional Services personal;. You can view all Our UWC Professional Services profiles in the Coach or Therapist tab of the UWC App;
- You understand and agree that, although a UWC Professional Services individual may have been accessed through the UWC App, UWC cannot predict or assess the competence of, or appropriateness for Your needs, of the UWC Professional Services individual . You also acknowledge and agree that You take full responsibility for the decision to access a UWC Professional Services;
- The monthly fee for the UWC Professional Services shall be as mentioned on the UWC App and indicated to You at the time of purchase (“Fees”). UWC may at its discretion revise the Fees. Any changes to the Fees will be effective only upon your approval through the Mobile Software. UWC reserves the right to discontinue the UWC Professional Services upon non-payment of Fees by You. Fees are payable through purchase through Google Play and Apple iTunes, or other payment mechanisms as UWC may introduce in its sole discretion from time to time, prior to the time the Services are rendered;
- Because UWC Professional Services is not a medical treatment, insurance may not cover the cost as a reimbursement. Some employers or other Institutions may cover some of the cost of the UWC Professional Services either directly or indirectly. It is Your responsibility to pay for the Service and get reimbursed by Your employer if that is the case;
- The Fees payable by the User is a fixed fee and accordingly, You can use the UWC Professional Services as little or as much as You like, but You shall pay for the month regardless of how much You choose to use the Services;
- It is Your 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;
- Unless required for informed consent and for emergency reasons, the UWC emotional well-being professional will not ask You for any Personally Identifiable Information (such as full name, email ID, phone number, address, gender and other identification including sensitive Information such as Your medical information, sexual preferences, religious or political opinions), other than Your nickname to personalize the UWC Professional Services. You also agree to not share any personally identifiable Information including sensitive Information from Your end. Any Information shared by You, shall be treated in accordance with this Terms of Service and Privacy Policy;
- The UWC Professional Services individual and You mutually recognize that they may hold discussions based on data and information provided by You. The UWC emotional well-being professional will not voluntarily communicate Your data to a third party. Any use of data disclosed by You to the UWC emotional well-being professional shall be in accordance with the Privacy Policy;
UWC use of Generative AI technology
We use third-party Generative AI technology services for generating static, quality and clinically verified content scripts 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. UWC owns the Intellectual Property and rights to these generated content scripts. Generated content needs to pass our safety and quality guardrails before being accepted for use. All generated content scripts are rigorously quality checked for copyright and plagiarism, clinically validated using a therapist-in-the-loop for safety, privacy, quality and performance. Only validated content gets released within Our App and Services. We will transparently inform you when we use Generative AI based features within the App. Where applicable, We will provide additional Terms of Use and Privacy notices to transparently keep you informed about any generative AI based data processing. Learn more about how we built Our Artificial Intelligence in our Privacy Policy.
Generative AI Prohibited Use Policy
Generative AI models can help you explore new topics, inspire your creativity, and learn new things. However, we expect you to use and engage with them in a responsible, legal manner. To this end, you must not use the United We Care services that reference this policy to:
1. Perform or Facilitate Dangerous, Illegal, or Malicious Activities
1.1 Facilitation or Promotion of Illegal Activities or Violations of Law, Such As:
1.1.1 Promoting or generating content related to child sexual abuse or exploitation.
1.1.2 Promoting or facilitating the sale of, or providing instructions for synthesizing or accessing, illegal substances, goods, or services.
1.1.3 Facilitating or encouraging users to commit any type of crime.
1.1.4 Promoting or generating violent extremism or terrorist content.
1.2 Abuse, Harm, Interference, or Disruption of Services (or Enable Others to Do the Same), Such As:
1.2.1 Promoting or facilitating the generation or distribution of spam.
1.2.2 Generating content for deceptive or fraudulent activities, scams, phishing, or malware.
1.2.3 Attempting to override or circumvent safety filters or intentionally driving the model to act in a manner that contravenes our policies.
2. Generation of Content that May Harm or Promote the Harm of Individuals or Groups
2.1 Harmful Content:
2.1.1 Generating content that promotes or encourages hatred.
2.1.2 Facilitating methods of harassment or bullying to intimidate, abuse, or insult others.
2.1.3 Generating content that facilitates, promotes, or incites violence.
2.1.4 Generating content that facilitates, promotes, or encourages self-harm.
2.1.5 Generating personally identifying information for distribution or other harm.
2.1.6 Tracking or monitoring people without their consent.
2.2 Unfair or Adverse Impacts:
2.2.1 Generating content that may have unfair or adverse impacts on people, particularly impacts related to sensitive or protected characteristics.
3. Generate and Distribute Content Intended to Misinform, Misrepresent, or Mislead
3.1 Misinformation and Deception:
3.1.1 Misrepresenting the provenance of generated content by claiming content was created by a human, or representing generated content as original works, in order to deceive.
3.1.2 Generating content that impersonates an individual (living or dead) without explicit disclosure, in order to deceive.
3.1.3 Making misleading claims of expertise or capability, particularly in sensitive areas (e.g., health, finance, government services, or legal).
3.1.4 Making automated decisions in domains that affect material or individual rights or well-being (e.g., finance, legal, employment, healthcare, housing, insurance, and social welfare).
4. Generate Sexually Explicit Content
4.1 Sexually Explicit Content:
4.1.1 Generating sexually explicit content, including content created for the purposes of pornography or sexual gratification (e.g., sexual chatbots). Note that this does not include content created for scientific, educational, documentary, or artistic purposes.
By adhering to these guidelines, you help ensure that Generative AI technologies are used responsibly and ethically. Thank you for your cooperation and understanding.
Copyrights and Intellectual Property Rights
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. UWC reserves the right, but is not obligated, to reject and/or remove any User Content that UWC 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 UWC intellectual properties, You expressly agree not to disclose or communicate any proprietary Information about the UWC practice, materials, or methods to any third parties. The obligations under this Clause survive the termination of the UWC Service or Your relationship with UWC;
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. UWC does not warrant that the Mobile Software will be compatible with Your mobile device. UWC hereby grants You a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one UWC 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 UWC 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 UWC 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. UWC 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 UWC 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 "UWC Content"), and all Intellectual Property Rights related thereto, are the exclusive property of UWC 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 UWC Content. Use of UWC 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 UWC 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, UWC does not waive any rights to use similar or related ideas previously known to UWC, or developed by its employees, or obtained from sources other than You.
No Professional Education
If the Service provides any Information (which includes UWC 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 education. No action should be taken based upon any Information contained in the Service. You should seek independent professional education from a person who is licensed and/or qualified in the applicable area before any use.