Trusst HEALTH, INC. TERMS OF USE AGREEMENT

This Platform and the services provided pursuant to its use are not to be used in emergency situations. If you are experiencing a medical emergency, call 911 immediately.

If you are contemplating taking your life by suicide or if you are considering causing harm to yourself or to others, please seek emergency medical help immediately and notify the relevant authorities. The suicide hotline number is displayed at the bottom of our home page and there is an index of national, regional and state resources for you to use when faced with an immediate crisis.

Please read these Terms of Use carefully. These Terms of Use may seem not worth reading completely, but they are important. These Terms of Use govern your access to and use of the Trusst Health communication platforms offered by Trusst Health, Inc. These Terms apply to your activity on the Trusst Health website, the Trusst Health mobile apps (“App”) and any information, text, graphics, images or other materials (collectively referred to as “Content”) uploaded, downloaded or appearing on the Platform. The website, the App and the Content may be collectively referred to as “Trusst Health” and “Platform” in these Terms of Use. Also, the terms “You”, “Your,” and “Yourself” refer to the you, the individual user of the Service.

By accessing or using the Platform, you agree to comply with and to be bound by these terms and conditions. If you do not agree to all of the terms and conditions contained in the Terms of Use Agreement, you are not authorized to use the Platform.

You agree that you are over the age of eighteen (18) (or are an emancipated minor) and have the legal ability to consent to therapy or that you are between the ages of thirteen (13) and eighteen (18) and your Parents or Guardians has consented to your use of therapy, and that you are physically located or are a resident of the State or Country you chose as your current residency when creating your account. You agree to provide your personal contact and a close family member or relation to your Therapist to be used in case of an emergency where knowledge of your location is crucial.

Your ability to access and use the Trusst Health Platform is conditioned upon the truthfulness of the information you provide regarding your age, residence and contact information. Your Therapist is relying on you to be truthful in order to interact with you and provide effective mental health services over the Platform.

Site Content
Your licensed Therapist will provide you with mental health services, guidance, and support. Other than those services, the Content accessed on the Platform, educational material, graphics, research sources, tutorials, videos, and other incidental information, should not be considered therapeutic and or medical advice. You should always talk to an appropriately qualified medical professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Content serves as a replacement for mental health or medical treatment. The Content is only to be used to supplement the mental health services provided by your Therapist and is not designed or intended to suggest or advise that any medication or treatment is safe, appropriate, or effective for you. Trusst Health does not endorse any specific tests, medications, products or procedures. Such endorsements can only be provided by your Therapist.

Account Enrollment
To access the Platform, you must first enroll to establish an individual user account (“Account”), by providing certain information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself without first receiving written permission from the other person. In exchange for your use of the Service and, if applicable, in order for providers to send notices to you, you agree to: (i) provide true, accurate, current and complete information about yourself and Emergency Contact Information as prompted by our Account enrollment form; and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Trusst Health has reasonable grounds to suspect that your Account information is untrue, inaccurate, not current or incomplete, Trusst Health reserves the right to limit or cancel your access to the Platform and/or refuse any future request(s) to use Trusst Health Platform. In such cases, you will agree to be responsible for directly contacting any provider outside of the Platform to maintain or continue provider services. You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (if any) and any other security information related to your Account. Trusst Health is not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge, even as a result of its own negligence and you agree to release Trusst Health and its owners, employees, agents and affiliates from any such liability.

Acceptable Use
You agree not to access or use the Platform in an unlawful way or for an unlawful or illegitimate purpose or in any manner that violates these Terms of Use. You shall not post, use, store or transmit (i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person or group; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Platform by any method, including through use of injurious and malicious software, denial of service attacks, flooding, or spamming. You shall not use the Platform in any manner that could damage, disable or impair the Platform. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks through hacking, password mining or any other means. You shall not use any robot, automated software, or other means to access the Platform for any purpose. Neither Trusst Health or its affiliates are under any obligation to respond to inappropriate messages posted on the Platform. You are solely responsible for the information or material you post on the Platform.

The following terms apply to any App accessed through or downloaded from any source (such as the Apple App Store and Google Play or other similar platforms) where the App is made available (“App Provider”). You acknowledge and agree that:

These Terms are between you and Trusst Health, and not with the App Provider, and that Trusst Health (not the App Provider), is solely responsible for the App; and the App Provider has no obligation to furnish any maintenance and support Platform with respect to the App. Any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Trusst Health.

If you download the App as a stand-alone software product or a browser plugin, you agree that, from time to time, the software may require that you download upgrades, updates and additional features we publish in order to improve, enhance, and further develop the software, Service, or App. The Service may change from time to time and/or Trusst Health may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you.

User information regarding services provided on the Platform
Trusst Health provides access to a wide variety of licensed professionals as Therapists. Your Therapist will provide you with information regarding his or her training and will make the applicable ethical code available to you. You may ask for additional information regarding his or her qualifications.

Users have rights under their State’s Bill of Rights. Your Therapist can provide you with a copy of this form, which is posted in her or her office. Let your Therapist know if you have any questions.

As part of your treatment, your Therapist will discuss your diagnosis and proposed treatment plan. Therapy can have benefits and risks. Because you are often discussing unpleasant aspects of your life, you may experience feelings like sadness, guilt, anger or frustration. You may also experience benefits such as solutions to problems, better relationships and reductions in stress. There is no guarantee as to what you will experience. You also have a right to seek alternative services or to not receive any services. Those options also have risks and benefits. You should discuss this with your Therapist if you are interested.

Under your State’s law, communications between a User and Therapist are privileged and may not be disclosed without your authorization except under specific, limited circumstances. Among these exceptions are reporting laws which require the Therapist to report certain types of conduct to appropriate authorities. For example, any person who suspects that a child or incapacitated adult has been abused, neglected or exploited, must report it to state authorities. In addition, the Therapist must warn the police or likely victim of a User’s serious threat of physical violence to a person or property.

You have a right to access your records maintained on the Platform. If you are between the ages of 13 and 17, your parents have a right to request a copy of your records from the Platform. If you have more than one parent or Guardian with decision making authority, your Therapist will take steps to verify whether both parents/Guardians are in agreement about whether to release your records. If there is a disagreement, your records will not be released from the Platform, and your parents/Guardians will be asked to go to Court to determine how to proceed.

Your Therapist is obligated to establish and maintain appropriate boundaries with past and present clients.

If you have any complaints about the treatment you have received by your Therapist, you may contact his or her licensing board.

You can generally expect a response from your therapist within 24 hours on Monday through Friday. This response time excludes days your therapist designates as holidays. In the event that your therapist is offline for more than 24 hours during the business week for any other reason (holiday, vacation, personal day) your therapist is expected to provide you with reasonable notice.

If you seek additional services with your Therapist, you are urged to contact your Therapist, either directly or through the Platform, in order to obtain additional support. Typically your Therapist will respond to your request within 48 hours. If you need more immediate attention, the Platform is not appropriate and you should go to your local mental health center or emergency room.

Payment
A portion of the payment you make for the use of the Platform is used to compensate Trusst Health for its software development, overhead, administrative Platform and other corporate costs and fees, including transaction fees for credit card usage. Another portion of your payment for the use of the Platform, accounted for separately, is forwarded to the Provider for the direct clinical Platform provided to you. Trusst Health does not take a portion of your payment to the Provider. Regardless of any payments made, Trusst Health is not, nor does it hold itself out as, your direct provider of therapy Platform; that is the role of your licensed, accredited mental health Provider. The Providers, practicing through the Platform, also compensate Trusst Health for the use of the Trusst Health Platform and for administrative fees.

You agree to pay all fees and charges associated with your Account on a timely basis in accordance with the fee schedule, and the terms and rates published by Trusst Health from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged to the credit card you provided during the initial setup of your Account. You agree to maintain valid credit card information in your Account. By providing Trusst Health with credit card information, you authorize Trusst Health to bill and charge your credit card.

Providers
Providers who use the Platform are not employees or agents of Trusst Health.

Your relationship with the Provider is strictly with the Provider. Trusst Health is not involved in the Provider-patient relationship and does not interfere, validate or control the Provider’s treatment unless advocating on behalf of You when following up on a particular complaint. Trusst Health encourages a holistic approach to mental health and the choices You have to create the best therapeutic journey that matches your individual needs.

Intellectual Property
All of the content available on or through the Service is the property of Trusst Health or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Platform to any third party. All software and accompanying documentation made available for download from the Platform is the copyrighted work of Trusst Health or its licensors. Any copy made of information obtained through the Platform must include all applicable copyright notices.

“Trusst Health” and “Therapy when and where you need it” and “Remote therapy you can trust” are trademarked terms, all rights reserved. Subject to the terms of this Agreement, Trusst Health hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Platform to the extent, and only to the extent, necessary to access and use the Platform.

The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Platform or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Platform; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Platform to any third party or use the Platform to provide service bureau, time sharing or other services to third parties.

Disclaimers
Access to the Platform and the Content is provided “as is” and “as available” without any warranty of any kind, express or implied. To the fullest extent permissible pursuant to applicable law, Trusst Health disclaims all warranties of any kind, either express or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Trusst Health does not warrant that access to the Platform will be uninterrupted or error-free, or that defects, if any, will be corrected. You expressly agree that your use of the Platform and your reliance upon any of its contents is at your sole risk.

You shall be solely and fully responsible for any damage to the Platform or any computer system, any loss of data, or any improper use or disclosure of information on the service caused by you or any person using your username or password. Trusst Health cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet, or for your misuse of any protected health information, advice, ideas, information, instructions or guidelines accessed through the Platform.

Limitations of Liability
In the event of any problem with the service or any of its content, you agree that your sole remedy is to cease using the service. Under no circumstances shall Trusst Health, any Trusst Health licensor or supplier, or any third party who promotes the service or provides you with a link to the Platform be liable in any way for your use of the Platform or any of its content, including, but not limited to, any errors or omissions in any content, any infringement by any content of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any Content, including as a result of their own negligence.

Under no circumstances shall Trusst Health, its licensors or suppliers of non-medical/mental healthcare platform or any third party who promotes the Platform or provides you with a link to the Platform, be liable for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of the Platform, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if Trusst Health or they have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Hyperlinks
Any link (including a hyperlink, button, or referral device of any kind) used in the Platform is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by Trusst Health, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship to Trusst Health. Trusst Health does not endorse the content on any third-party websites. Trusst Health is not responsible for the content of linked third-party websites or third-party advertisements and does not make any representations regarding its content or accuracy. Trusst Health does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

International Use and the GDPR
The Platform advises all users and practicing therapists to be aware of and respect and comply with the local laws of any international based patient. Trusst Health is cognizant and respects the formal promulgation of the existing European Union (EU) data privacy regulations. The General Data Protection Regulation 2016/679 is a regulation in EU law on data protection and privacy for all individuals within the European Union and the European Economic Area. It also addresses the export of personal data outside the EU and EEA and is commonly referred to as “GDPR.” Trusst Health has always respected our client’s privacy (see our Privacy Policy) and we were already a HIPAA compliant platform following stringent data privacy rules.

Termination
Trusst Health may suspend or terminate your access to the Platform at any time for any reason at our sole discretion. Trusst Health has the right (but not the obligation) to refuse to provide access to the Platform to any person, agency or organization at any time, for any reason in our sole discretion. Trusst Health reserves the right to change, suspend, or discontinue all or part of the Platform, temporarily or permanently, without prior notice.

Privacy
The Privacy Policy is part of our Terms of Use which can be found in our website. When you use our Platform, you accept and agree to both these Terms of Use and to the Privacy Policy. If you do not agree to be bound to these Terms of Use and the Privacy Policy, you should stop using the Platform immediately. By accessing and using our Platform you affirm that you have read the Terms of Use and the Privacy Policy and that you understand, agree and acknowledge to all the terms contained in both of them.

Gift Cards
Gift cards are available for purchase to be used solely towards the use of the Service (“Gift Card”). A Gift Card is not a credit or debit card and has no implied warranties. A Gift Card is not redeemable for cash unless required by law and cannot be used to make payments on any charge account. Gift Cards cannot be used to buy other Gift Cards. Trusst Health reserves the right to deactivate or reject any Gift Card issued or procured, directly or indirectly, in connection with fraudulent actions, unless prohibited by law.

Lost or stolen Gift Cards can only be replaced upon presentation of original sales receipt for any remaining balance. It will be void if altered or defaced.

Trusst Health is not responsible for emailed Gift Cards that do not reach their intended recipient for any reason. Bounced email is not monitored.

TRUSST HEALTH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR TRUSST HEALTH BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND TRUSST HEALTH’S SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Disputes
Any dispute or claim arising out of or relating to your use of the Platform shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial (or other) Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Federal Arbitration Act and federal arbitration law apply to these Terms.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must interpret these Terms as a court would.

It is agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Trusst Health and you each waive any right to a jury trial. It is further agreed that you may not bring suit in court to enjoin infringement or other misuse of intellectual property rights.

It is agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Trusst Health and you each waive any right to a jury trial. It is further agreed that you may not bring suit in court to enjoin infringement or other misuse of intellectual property rights.

General
These Terms are governed by the laws of the State of Delaware, without regard to any conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the New Hampshire courts in the cases that arbitration is not successful or is assigned or appealed to a civil court. Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by Trusst Health may be delivered by electronic mail to the address provided during the creation of your Account. These Terms of Use, including the Privacy Policy, constitute the entire Agreement between Trusst Health and yourself regarding the Platform, and supersede and replace any prior agreements you and Trusst Health might have regarding the Service. Trusst Health may revise these Terms from time to time without notice to you. By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read the Terms periodically.

If you are in a life threatening situation do not use this site.
Call 911 to get immediate help.