LAST UPDATED: March 9, 2022
Terms and Conditions
1. SCOPE OF TERMS & CONDITIONS
Unless otherwise indicated, these Terms and Conditions of Service (“Terms & Conditions”) apply to (i) your use of and/or access to the mymee.com website and/or other websites (collectively, “Website”) which are owned or operated by Mymee, Inc. (and its successors and assigns, collectively, “Mymee”, “we,” “us,” or “our”), including any portions thereof available only to purchasers of services provided by Mymee (the “Services”), and (ii) your use of and/or access to the mobile phone applications which we own or operate currently or in the future (collectively, the “Mymee App”) and (iii) your use of and or access to any content or information and other online or mobile-enabled technology, digital tools and other services and products provided by us (together with the Website and the Mymee App, collectively, the “Services”). The term “Mymee App” shall refer to both our Services in the Core Program and Care Program.
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE FOLLOWING AGREEMENT AND ACKNOWLEDGEMENT, THEN DO NOT ACCESS, BROWSE OR USE THE SERVICES. MOREOVER, MYMEE DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR THE SERVICES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT ABIDE BY THE PROVISIONS OF THESE TERMS & CONDITIONS, EXCEPT AS WE MAY OTHERWISE AGREE FROM TIME TO TIME, YOU AGREE THAT WE MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR RESTRICT ANY FURTHER ACCESS TO SUCH INFORMATION AND/OR FILES, OR OUR SERVICES, WITH OR WITHOUT NOTICE.
You must exercise caution, good sense and sound judgment in using the Services. You are prohibited from violating, or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you. Mymee reserves the right to investigate any alleged or suspected violations and if a criminal violation is suspected, we may contact and/or cooperate with law enforcement agencies in their investigations.
2. AGREEMENT AND ACKNOWLEDGEMENT
a. User Agreement
By using the Services, you accept these Terms & Conditions and agree that you are legally bound by them and will abide by the terms, conditions, and notices contained or referenced herein, just as if you had signed them.
b. Changes to Terms & Conditions
From time to time, we may, in our sole discretion, change, modify, supplement or remove portions of these Terms & Conditions (“Additional Terms”). Such Additional Terms shall become effective upon posting by the Company on the Website, the Mobile App, via the Services or sending you an email or other notification. You will be deemed to have agreed to such Additional Terms if you continue to access the Mobile App or the Website or otherwise use any of the Services following the date in which such Additional Terms become effective.
c. Modification of Services.
In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services provided to you, including, but not limited to, (i) restricting the time the Services are available, (ii) restricting the amount of use permitted, (iii) restricting or terminating any user’s right to use the Services and/or (iv) changing any feature or functionality provided by the Services. Any such changes will become effective upon notice being posted by the Company on the Website, the Mobile App, via the Services or sending you an email or other notification. You agree that any termination or cancellation of your access to, or use of, the Services may be effected without prior notice. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Services.
d. Downloading Mymee App
The Mymee App can be downloaded from applications store or applications distribution platform, such as the Apple Mobile App Store or Google Play, (the “Mobile App Provider”).
We do not permit individuals under 18 years of age to use our Services.
The Services are provided only to adults who are 18 years of age or over. By using the Services, you represent and warrant that you are at least 18 years of age and have the right, authority and capacity to enter into these Terms & Conditions and to abide by the terms and conditions of these Terms & Conditions.
If you are not yet 18, please do not use our Services or provide us with any personal information without the consent of your legal guardian. If you are under 18, click here to access the guardian consent form.
4. JURISDICTIONAL ISSUES
We provide our Services only to persons in the United States. Accordingly, this Policy, and our collection, use, and disclosure of your Personal Information (as defined below) is governed by U.S. law. We do not represent or warrant that the Application or our Services or any functionality or feature thereof, is appropriate or available for use in any other jurisdiction. By using the Application and submitting any Personal Information from outside the United States, you acknowledge that the Services are subject to U.S. law and consent to the transfer of your Personal Information to the United States, which may provide a different level of data security than other countries.
5. SERVICE CHARGES
Our Services require a fee, which is either paid (i) by the user (“Personal Service User”) or (ii) by a third party on behalf of the user (“Business Service User”).
Whether you are a Personal Service User or a Business Service User, you are responsible for all charges and fees associated with connecting to and using the Website and/or Mobile App, including without limitation all telephone access lines (including mobile data and data roaming charges, when applicable), telephone and/or internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Website and/or Mobile App.
6. FEES, RENEWAL, CANCELLATIONS & REFUND POLICIES
a. Agreement to Pay
(i) Personal Service Users are responsible for the fixed and periodic charges and fees you selected at the time of purchase. Applicable taxes, and other charges and fees incurred in order to access the Services may also apply
(ii) Business Service Users are generally purchased by our third party commercial customers (“Business Customers”) for a specified number of sessions. If your access to our Service has been paid for by our Business Customer, you will be able to use the features purchased by them for the number of sessions agreed between Mymee and such Business Customer.
b. Refund Policy
The Mymee personalized care program is designed to understand and address your individual needs. We strive to ensure that each client is heard, empowered, educated, and prepared for long-term success. If you do not feel that we have delivered on these goals, please contact our team at email@example.com to reschedule with a different coach or request a refund for any unused sessions.
c. Subscriptions through Business Customers.
For Business Services Users, the Business Customer paying for your sessions may determine your access to the Services and may control the account through which you access your sessions (which may be different from your personal account). If your sessions were originally provided by a Business Customer but you are no longer eligible to receive such benefit from the Business Customer, it is also possible that your account with us will terminate and you will have to sign up for a new account. You agree that we will not be liable to you for any termination or cancellation of your access to, or use of, our Services that were originally provided to you by a Business Customer.
d. Rescheduling Coaching Sessions
We’re here to support your busy schedule and are happy to reschedule your session. Please contact us at least 24 hour before your scheduled time. You may contact your coach directly via our app to reschedule or contact firstname.lastname@example.org.
Our coaches are in high demand, so we do our best to respect their time, as well as yours. That means that a request to reschedule a session with less than 24 hours’ notice or missing a scheduled session will be subject to a full session fee.
We reserve the right to revise the terms of our fees, charges, cancellation and refund policies, upon reasonable advance notice communicated to you through a posting on the Website and/or Mymee App or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). Any changes made will apply to all Services purchased after the date such change was implemented.
7. USER ACCOUNT AND SECURITY
In connection with your use of certain features of the Services, you will be required to complete questionnaires from time to time. You represent and warrant that all information you provide in response to questionnaires or otherwise in connection with your use of the Services will be current, complete and accurate. As a user of the Services, you are entirely responsible for maintaining the confidentiality of your account information. You may not use the account or username of any other person at any time. You must notify us immediately in the event you know or suspect any unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s account information.
You are also entirely responsible for any and all activities which occur under your account. We will not be liable for any loss that you incur as a result of someone else using your account, either with or without your knowledge. You may also be held liable for any losses incurred by us, or our officers, directors, employees, consultants, agents or representatives due to someone else’s use of your account.
As a subscriber to our Services, you further agree as follows:
a. Membership Data
b. One Account Per User
You agree not to subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on our Website. If your membership is revoked for any reason (other than in cases where you are switching from being a Business Service User to a Personal Service User or vice versa), you agree not to register or subscribe again with our Services using another person’s name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under these Terms & Conditions or by law.
8. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM MYMEE & BUSINESS CUSTOMERS
a. Legal Communications
b. Service Announcements
In using the Services, you may receive periodic electronic communications from Mymee regarding the Services, and other information regarding the Website and/or the Mymee App. Such communications are part of the Services; you cannot opt out of receiving them.
c. Promotional Communications
You may also receive communications about new product offers, other promotions or other materials Mymee believes might be of interest to you. You can opt-out of receiving these promotional messages at any time by following the unsubscribe instructions contained in each message.
d. Withdrawing Your Consent
If you decide that you do not want to receive future communications electronically, please send an email to email@example.com. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms electronically signed by you prior to the effective date of your withdrawal. If you withdraw your consent to receive communications electronically, we may terminate your account and/or access to the Service (or any part thereof).
9. LIMITED LICENSE
Subject to your continued compliance with the Terms & Conditions, including without limitation the timely payment of all applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to access and use our Services and the Mymee App (by downloading and installing the Mymee App, including any updates and bug fixes). Your use is limited for your personal, noncommercial use only.
No portion of the Services may be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Mymee. Furthermore, except for the limited rights granted in this Section, you will not (and will not encourage or assist any third party to): (i) modify, alter, tamper with, repair or otherwise create derivative works of the Services or any software or technology included in or used or distributed by Mymee to provide the Services; or (ii) reverse engineer, disassemble or decompile the Services, or (iii) attempt to discover or recreate the source code for the Services.
10. RESTRICTIONS ON USE OF CONTENT
You acknowledge that our Services may contain content, information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials, including nutritional information contributed to the Food Database (as hereinafter defined) (collectively, “Content”) that may be protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on the Services are trademarks of their respective owners.
Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on our website or Public Forums. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, phone, tablet or any other mobile device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other applications or networked computer environment is strictly prohibited unless you receive our prior written consent.
We may at any time suspend your use of the Services and/or remove or disable any Content as to which we reasonably and in good faith believe is in violation of any of these Terms & Conditions. We will provide you with notice of any such suspension or disablement before its implementation unless such suspension or disablement is necessary to comply with legal process, regulation, order or prevent imminent harm to the Services or any third party, in which case we will notify you to the extent allowed by applicable law of such suspension or disablement as soon as reasonably practicable thereafter.
11. AUTOIMMUNE DATABASE AND DISCLAIMER
Mymee maintains an autoimmune database that contains a combination of information entered directly by Mymee and pictures with other information notes provided by Mymee’s Services users (“Database”). Any Services user can contribute pictures with autoimmunity-related information to the Database. All such pictures and accompanying notes become the property of Mymee. We have no obligation to maintain or return such pictures and/or notes.
12. HEALTH AND MEDICAL SERVICE DISCLAIMER
WE PROVIDE A DIGITAL HEALTH PROGRAM. OUR SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED BY YOUR SUBSCRIBING TO OUR SERVICES. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911.
a. Not Medical Advice
Mymee coaches are not medical professionals. Mymee does not provide medical services or render medical advice. Nothing contained in the Services should be construed as medical advice or medical diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition.
You are urged and advised to seek the advice of your physician or a medical professional with any questions you may have regarding your health before beginning the program offered under our Services. If you are being treated for an illness, taking prescription medication or following a therapeutic diet to treat a disease, you are especially urged to consult with your physician before using the Services. You represent to us (which representation shall be deemed to be made each time you use the Services), that you are not using the Services or participating in [the Program] for the purpose of seeking medical attention. You further agree that, before using the Services, you shall consult your physician, particularly if you are at risk for problems resulting from changes in your diet. If any information you receive or obtain from using the services is inconsistent with prior medical advice from your physician, you should seek the advice of your physician.
b. Virtual Coaching Service Disclaimer
Your coach will assist you in developing skills to help you achieve your health related goals. Mymee may, in its sole discretion, engage or replace any coach with another coach and does not need to obtain your consent to do so.
The services provided by our coaches are not medical, mental health or any other type of health service. Coaching is not psychotherapy or mental health counseling. No diagnosis or treatment of, or advice regarding, any medical or mental health condition or illness will be offered. Coaching cannot substitute for, and is not an alternative to, medical, psychiatric, psychological, psychotherapy or other healthcare diagnosis and treatment if a medical or mental health condition or illness is present. You are advised to seek diagnosis, treatment and advice regarding medical or mental conditions or illnesses from physicians practicing medicine, psychotherapists, psychologists and other licensed healthcare and mental health professionals.
Your coach may record your sessions. You may tell your coach that you do not want the sessions recorded. The recordings are the property of Mymee and Mymee has no obligation to maintain or return recordings of your coaching sessions.
IF MYMEE BECOMES AWARE OF OR SUSPECTS ANY MENTAL CONDITIONS OR ILLNESS, MYMEE MAY, AT ITS SOLE DISCRETION, TERMINATE ALL OR ANY PORTION OF THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH COACHES WHEN USING THE SERVICES.
13. RISK ASSUMPTION; YOUR INTERACTIONS WITH OTHERS ON THE WEBSITE AND/THE MYMEE APP
MYMEE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND/OR PARTICIPATION IN ANY OTHER ACTIVITIES OFFERED IN THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR PARTICIPATION IN ANY MYMEE GROUP OR YOUR INTERACTIONS WITH ANY FACILITATOR OR COACH. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES.
14. NO WARRANTY; RELEASE FROM LIABILITY.
YOU UNDERSTAND AND AGREE THAT ALTHOUGH THE MYMEE PROGRAM IS HIGHLY EFFECTIVE FOR MANY PEOPLE, THERE CAN BE NO ASSURANCE THAT IT WILL ENABLE YOU TO ACHIEVE ANY PARTICULAR PHYSICAL OR HEALTH RELATED OBJECTIVES. YOU HEREBY RELEASE AND DISCHARGE THE COMPANY, ITS OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS AND REPRESENTATIVES (INCLUDING WITHOUT LIMITATION, YOUR HEALTH COACH) FROM ANY AND ALL CLAIMS, SUITS, DAMAGES, DEMANDS, ACTIONS AND CAUSES OF ACTION RELATING TO THE PROGRAM.
YOU UNDERSTAND AND AGREE THAT THE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH US.
15. INTELLECTUAL PROPERTY
You acknowledge and agree that the Services and the Mymee App and all intellectual property rights associated with them are and shall remain Mymee’s property (or, where applicable, its licensors). Furthermore, you acknowledge and agree that the source and object code of the Website and/or Mymee App and the format, directories, queries, algorithms, structure and organization of the Website and/or Mymee App are the intellectual property and proprietary and confidential information of Mymee and its licensors and suppliers. Except as expressly stated in these Terms & Conditions, you are not granted any intellectual property rights in or to the Services or the Mymee App by implication, estoppel or other legal theory, and all rights in and to the Services or the Mymee App not expressly granted in these Terms & Conditions are hereby reserved and retained by Mymee.
Mymee, Mymee.com, and the Mymee logo (collectively, the “Mymee Marks”) are trademarks or registered trademarks of Mymee, Inc. Neither your use of the Services, nor these Terms & Conditions, grants you any right, title or interest in or to, or any license to reproduce or otherwise use, the Mymee Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the Mymee Marks generated as a result of your use of the Services will inure to the benefit of Mymee, Inc., and you agree to assign, and hereby do assign, all such goodwill to Mymee, Inc. You shall not at any time, nor shall you assist others to, challenge Mymee’s right, title, or interest in or to, or the validity of, the Mymee Marks.
c. Copyrighted Materials; Copyright Notice.
All content and other materials available through the Website, the Services or the Mymee App, including without limitation the Mymee logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are owned by Mymee. Except as explicitly provided, neither your use of the Services nor these Terms & Conditions grant you any right, title or interest in or to any such content or materials.
d. Copyright Complaints
We respect the intellectual property of others, and we ask our subscribers to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any subscriber to use our Services (or any part thereof) who infringes the intellectual property rights of others.
Without limiting any indemnification provisions of these Terms & Conditions, you agree to indemnify, hold harmless and, at our option, defend Mymee and our respective officers, directors, members, employees, stockholders, managers, agents and representatives (collectively, “Mymee Indemnified Parties”) from any and all third party claims, actions, demands, causes of action, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) (collectively, “Claims”) arising from (i) your improper use of the Mymee App, (ii) your violation of these Terms & Conditions, (iii) your provision to Mymee or to any of the Indemnified Parties of inaccurate information of any kind (iv) your infringement or alleged infringement, or the infringement or use (or alleged infringement or alleged use) by any other person using of your account, of any intellectual property or other right of any person or entity, or (v) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation.
The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
17. GOVERNING LAW AND VENUE
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of the Services, the Mymee App or these Terms & Conditions shall be filed only in the state or federal courts located in Delaware County in the State of Delaware and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
18. TERM AND TERMINATION
These Terms & Conditions will remain in full force and effect while you use our Services (including our Website and Mymee App). We have the right to terminate your use of, or access to, the Service in accordance with these Terms & Conditions.
b. Effect of Termination; Survival
Termination of your membership automatically terminates all rights and licenses granted to you under these Terms & Conditions, including your right to use the Services, except that all terms that by their nature may survive termination shall be deemed to survive such termination (including, without limitation, intellectual property, disclaimers, limitations of liability, indemnification, User Content licenses, governing law and venue). Subsequent to termination, Mymee reserves the right to exercise whatever means it deems reasonable to prevent your unauthorized use of the Services, including without limitation, technological barriers such as IP blocking and direct contact with your Internet Service Provider.
19. MISCELLANEOUS TERMS
If any provision of these Terms and Conditions shall be found by a court of competent jurisdiction to be unlawful, invalid, void or voidable, or for any reason unenforceable, the validity and enforceability of the remainder of these Terms & Conditions shall not be affected and the court shall reform any such provision as necessary to make it valid and enforceable. The provisions of this Agreement will, where possible, be interpreted so as to sustain its legality and enforceability.
20. Entire Agreement.
These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Last Updated: March 9, 2022