Terms and Conditions of Use for INVI Services

INVI Mindhealth, Inc. (“INVI Mindhealth™,” “we” or “us”) thanks you for visiting our website (the “Site”). The following INVI Mindhealth™ Website Terms and Conditions (the “Terms and Conditions”) apply in their entirety when you:

access or use the Site;
register as a INVI Mindhealth™ User (“User”) at the Site, which provides you with access to some or all of the Site’s activities, content, products, services, surveys and tests (collectively, the “INVI Mindhealth™ Services), as well as various interactive features and services (collectively, the “Interactive Services” and together with the INVI Mindhealth™ Services, the “Services”); or
accept an invitation from an existing User to become their Swim Buddy, which allows you to send and receive private messages between you and the User via your indicated preferred mode of communication.

The INVI Mindhealth™ Website Privacy Policy (“Privacy Policy”), the INVI Mindhealth™ Non-Disclosure and Confidentiality Agreement, other INVI Mindhealth™ operating rules, policies, price schedules (if any), Promotions rules and additional supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the Agreement carefully.

You must affirmatively consent to use our offerings, and by doing so, you consent to this privacy policy and the use of your personal information as stated herein. If you do not agree to the terms of this privacy policy and the use of your personal data as stated herein in their entirety, you may not access or otherwise use the site and/or INVI Mindhealth™ applications.

The Content appearing on the Site is provided for informational purposes only. Much of the Content, as well as the User Content (as defined below), appearing on the Site is provided by third-parties. INVI Mindhealth™ shall not be responsible or liable for the accuracy, usefulness or availability of any Content, User Content or other information transmitted or made available by and through the Site and/or Services.

Under our Privacy Policy, we will only process your Personal Information (as defined in the Privacy Policy) in accordance with applicable data protection and privacy laws. For the purposes of UK and EU data protection legislation, the data controller is INVI Mindhealth <INSERT PHYSICAL ADDRESS>.

Scope/Modification of Agreement

You agree to the terms and conditions outlined in the Agreement with respect to your use of the Services, Content, Site, Promotions, User Content and/or any other analyses, research, opinions, reports and/or other information provided by or through same (collectively, “INVI Mindhealth™ Services”). The Agreement constitutes the entire and only agreement between you and INVI Mindhealth™ with respect to your use of the INVI Mindhealth™ Services and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the INVI Mindhealth™ Services.

INVI Mindhealth™ may, without notice, update, revise, or change the Agreement, and the scope and functionality of the INVI Mindhealth™ Services, in whole or in part, at any time; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes that arose prior to the applicable amendment or modification.

The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the INVI Mindhealth™ Services. By your continued use of the INVI Mindhealth™ Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check the Site for any updates and/or changes. You understand and agree that INVI Mindhealth™ is not responsible or liable in any manner whatsoever for your inability to use the INVI Mindhealth™ Services.

No Medical or Psychiatric Advice or Therapy

INVI Mindhealth™ is not a medical or health services organization provider or forum, and we do not engage in patient diagnosis or the practice of medicine. The content and user content presented by and through the site and/or services is in no way intended as medical and/or psychiatric advice or therapy, and is not provided for the purpose of diagnosing or treating medical and/or psychiatric problems or conditions, nor is it a substitute for medical and/or psychiatric treatment and/or therapy. The site and services are not, and should never be, a substitute for the advice of a licensed healthcare provider or medical professional. Use of the site and/or services does not establish a doctor-patient relationship. Accordingly, while communications between you and Invi Mindhealth™ are covered by our privacy policy, they are not protected by physician-patient privilege or doctor-patient confidentiality. All content and user content that is made available by and through the site and/or services should be discussed and confirmed with your physician, psychiatrist, therapist or other healthcare provider before adopting any wellness program, exercise program, or other treatment, whether offered on the site, through the services or otherwise. Use of the site, services, content and user content featured therein, is at your own risk. Information and statements regarding some of the products and/or services featured by and through the site and/or services have not been evaluated by the food and drug administration and are not intended to diagnose, treat, cure or prevent any disease or psychological disorder.

Requirements

The INVI Mindhealth™ Services are not available to:

any users previously suspended or removed from the Site or Services

ANY PERSONS UNDER THE AGE OF 18

Registration/Account/Fees/Billing

INVI Mindhealth™ may invite visitors to register on the Site or through the applications to become Users

by and through their Apple or Google accounts,
through any other means designated by INVI Mindhealth™.

INVI Mindhealth™ reserves the right, in its sole discretion, to deny Subscription, as well as any INVI Mindhealth™ Offering, to anyone, for any reason whatsoever, as permitted by applicable law. The registration data that you must supply on the Site in order to obtain access to the INVI Mindhealth™ Services as a User may include, without limitation, depending on the method used by you to register: full name; email address; date of birth; home address; telephone number; user name and password; and any and all other information requested on the applicable registration form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary to maintain it in an up to date and accurate fashion. INVI Mindhealth™ will verify and approve all registrants in accordance with its standard verification procedures.

You can access your specific User account on the Site using your user name and password or logging in via your Apple® account and/or Google® account, as applicable and where authorized by INVI Mindhealth™. You are responsible for maintaining the confidentiality of your User account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your User account, username and password.

If you have reason to believe that your User account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your user name, password, or any credit, debit or charge card number stored) you will notify INVI Mindhealth™ of the problem to avoid possible liability for any unauthorized charges to your account. To access and use some of our Services you will need to pay the applicable fees described on the Site for such Services, including applicable taxes (the “Subscription Fees”). When you subscribe for Services requiring a payment, you hereby agree to pay the Subscription Fees, in accordance with billing terms in effect at the time the fee or charge becomes payable, and you agree to abide by the Terms and Conditions like any other user or User. See the Payment Policy section below.

We reserve the right to change, suspend, or terminate any account, including any feature, content, or service at any time for any reason. We may also place limitations on the use of certain Services, content or features, and/or limit your access to parts of the Site or Services without notice or liability.

INVI Mindhealth™ agrees that it will terminate any paid or unpaid subscription to Services upon notice from the User. A User's right to use the Site is subject to any limits established by INVI Mindhealth™ or by the User's credit card issuer. If payment cannot be charged to a User's credit card or a User's charge is returned for any reason, including chargeback, INVI Mindhealth™ reserves the right to either suspend or terminate the User's access and account, thereby terminating this Agreement and all obligations of INVI Mindhealth™ hereunder.

INVI Mindhealth™ may reject your application and/or terminate your subscription at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: where INVI Mindhealth™ believes that you are in any way in breach of the Agreement; and where INVI Mindhealth™ believes that you are, at any time, conducting any unauthorized commercial activity by and through the Services.

Payment Policy

Access to some sections of the INVI Mindhealth™ website or through certain INVI Mindhealth programs is free, but we charge for some of our products and services on a subscription fee basis. This Payment Policy applies to users who have purchased a INVI Mindhealth™ subscription plan to access INVI Mindhealth™ either online or through a mobile application.

Overview of Subscription Plans and Payments We offer several types of individual plans and gift plans. The pricing terms applicable to your account may vary depending on promotions, the type of subscription and the term you select at the time of purchase. Most of our subscription plans renew automatically, as described in more detail below. If you have questions regarding your plan after you sign up, please refer to your Account page and the confirmation email that will be sent to you after your purchase. We may from time to time, at our discretion, offer trial periods for the subscription plans, and if you sign up under that offer, you will not be billed for the full term until the end of the trial period. After the end of any trial period, our mobile and online subscription plans are billed in one up-front payment for the entire term of the plan you choose. Thus, if you purchase a monthly plan, you will be charged for the full month’s payment at the beginning of each month; and if you purchase a yearly plan or two-year plan, you will be charged for the entire year or two-year term at the beginning of the term. You will also be able to cancel the yearly or two-year subscription within 30 days after the fee has been charged to your account, in accordance with our cancellation terms. We may use a third-party payment processor to facilitate your payments.
Refund Policy INVI Mindhealth™ offers a 30-day, 100% money - back guarantee for subscriptions made online at INVI Mindhealth.com for yearly plans. The monthly plan is excluded from this offer as are subscriptions for mobile applications. You may receive a refund by contacting our Customer Service team within 30 days of your purchase. Requests made after 30 days will not be eligible. We do not prorate refunds or offer partial refunds except in an instance where we have terminated your Subscription for any reason other than your breach of our terms. Purchases of subscriptions made through the Apple iTunes Store or our iPhone or iPad applications are final, and are not eligible for a refund. These purchases are subject to Apple’s terms and payment policy, and Apple’s policy may exclude refunds as well. Purchases of subscriptions made through the Google Play Store or our Android applications are final, and are not eligible for a refund. These purchases are subject to Google Play's terms and payment policy, and Google Play's policy may exclude refunds as well.
Renewals All INVI Mindhealth™ subscriptions made online at INVI Mindhealth.com, except gift purchases, renew automatically using the payment details on file for your account. If you purchase a subscription with the automatic renewal feature, you agree that we are authorized to use the payment information on file to charge the renewal fee. The date of automatic renewal of your subscription is shown on your Account page and in the payment confirmation email sent after your initial purchase. You may cancel the automatic renewal feature at any time before the renewal date by following the instructions on your Account page or by contacting our Customer Service team. Additionally, for annual and two - year subscriptions, we will refund renewal payments in full if you contact our Customer Service team within 7 days after the renewal payment is made. We do not offer refunds for renewal payments for monthly subscriptions after the monthly subscription fee has been charged to your account. If you signed up for our services using a promotion discount, fees for your renewal may be higher than your initial rate. Please refer to your Account page or the confirmation email sent after your initial purchase for details regarding the renewal amount and the date of the next renewal.
Price Increases Our prices may change in the future. We will notify you at the time of any price change, and provide you an opportunity to change or cancel your subscription before applying those changes to your account or changing your payment details in connection with an automatic renewal.
Payment Information By providing payment information to us, you represent that the payment information is accurate, current and in your own name or in the name of an individual who has authorized you to use his or her payment information for your subscription purchase. If you provide someone else’s payment information, you agree that we may make a refund to that person if he or she so requests and if the account is eligible for a refund under our Payment Policy. This may cause interruption to or termination of your INVI Mindhealth™ Services.

Description of the Content

Subject to the terms and conditions of the Agreement, end - users that possess the requisite technology and register as Users shall have the opportunity to view all or some of the scores, recommendations, actions, as well as the media, text, images, graphics, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations, user interfaces, audio, video, photographs, trademarks, logos, artwork, news articles and other content made available by and through the Site and/or Services (collectively, and together with the Activities, the “Content”). The Content is compiled, distributed and displayed by INVI Mindhealth™, as well as Users, and other third - party content providers (“Third - Party Providers”). INVI Mindhealth™ does not control the Content provided by Users and/or Third - Party Providers that is made available by and through the Services and/or Site. Such Users and/or Third - Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. INVI Mindhealth™ does not represent or warrant that the Content and other information posted by and through the Services and/or Site is accurate, complete, up to date or appropriate. You understand and agree that INVI Mindhealth™ will not be responsible for, and INVI Mindhealth™ undertakes no responsibility to monitor or otherwise police, such Content. You agree that INVI Mindhealth™ shall have no obligation and incur no liability to you in connection with any such Content. You may find certain Content as posted by Users and/or Third - Party Providers to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the INVI Mindhealth™ Services.

If you would like to register a complaint, notify INVI Mindhealth™ of a dispute, notify INVI Mindhealth™ of any improper use of your Content or other information or notify INVI Mindhealth™ of inaccurate or misleading Content appearing on the Site or otherwise made available by and through the Services, please feel free to contact us at support@INVImh.com.

Description of the INVI Mindhealth™ Services

Subject to the terms and conditions of the Agreement including, without limitation, those contained in Sections 10 and 11 below, Users shall have access to the INVI Mindhealth™ Services. The INVI Mindhealth™ Services include the calculation of a personalized INVI Mindscore™ based on the User’s objective biometric data and self reported subjective data, personalized recommendations based on the user’s Mindscore™ results and historical trends, the opportunity to invite a Swim Buddy with whom to communicate at various intervals about the user’s wellness journey, and other Content that are designed to empower Users to increase their level of happiness employing a broad range of skills.

INVI Mindscore™ Generation

The user’s INVI Mindscore™ calculation is based in part on the biometric data made available to INVI Mindhealth via application access permissions to the user’s mobile device and/or other compatible wearable devices. This biometric data may include but is not limited to user location, height, weight, steps, heart rate, sleep data, respiratory rate, and body temperature. Availability and access to such biometric data may vary based on the user's mobile device and/or wearable technology.

Additionally, user’s self-reported subjective data is considered in the Mindscore™ calculation as well. Such self-reported data may include but is not limited to current mood, stress level, energy level, appetite, libido, and sleep quality. While it is not required to self-report on each of the subjective data points, failure to do so may result in suboptimal Mindscore™ results and/or biased historical trending, therefore potentially reducing the quality of the user experience.

The INVI Mindscore™ is not a patient diagnosis nor is it the result of the practice of medicine. The content presented by and through the INVI Mindhealth™ site and/or services is in no way intended as medical and/or psychiatric advice or therapy, and is not provided for the purpose of diagnosing or treating medical and/or psychiatric problems or conditions, nor is it a substitute for medical and/or psychiatric treatment and/or therapy. The site and services are not, and should never be, a substitute for the advice of a licensed healthcare provider or medical professional. Use of the site and/or services does not establish a doctor-patient relationship. Accordingly, while communications between you and INVI Mindhealth™ are covered by our privacy policy, they are not protected by physician-patient privilege or doctor-patient confidentiality. All content that is made available by and through the site and/or services should be discussed and confirmed with your physician, psychiatrist, therapist or other healthcare provider before adopting any wellness program, exercise program, or other treatment, whether offered on the site, through the services or otherwise. Use of the site, services, content featured therein, is at your own risk. Information and statements regarding some of the products and/or services featured by and through the site and/or services have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease or psychological disorder.

You understand and agree that INVI Mindhealth™ shall not be liable to you, any end - users or any third party for any claim in connection with your use of, or inability to use, the INVI Mindhealth™ Services.

Data Access: Google Fit, Apple Health, etc.

Google Fit: When giving the app permission to read information from Google Fit, INVI Mindhealth only accesses the information you authorize and no information is written to Google Fit.

Apple Health: When giving the app permission to read information from Apple Health, INVI Mindhealth only accesses the information you authorize and no information is written to Apple Health.

Garmin: When giving the app permission to read information from Garmin, INVI Mindhealth only accesses the information you authorize and no information is written to Garmin.

INVI Mindhealth™ Swim Buddies

By permitting INVI Mindhealth™ access to your contact list, as a user you are able to identify and invite one or more Swim Buddies to be part of your private, external support network while using INVI Mindhealth™ Services.

Swim Buddies are not, and should never be, a substitute for the advice of a licensed healthcare provider or medical professional. Participation in the Swim Buddy program does not establish a doctor-patient relationship. Accordingly, while communications between you and your Swim Buddy are private, they are not protected by physician-patient privilege or doctor-patient confidentiality. Any and all advice that is provided to you by your Swim Buddy should be discussed and confirmed with your physician, psychiatrist, therapist or other healthcare provider before adopting any wellness program, exercise program, or other treatment, whether offered on the site, through the services or otherwise. Swim Buddies are not responsible for the wellbeing of INVI Mindhealth™ users. Therefore, use of the Swim Buddy program is at your own risk.

Those identified as Swim Buddies are not required to become registered users of INVI mindhealth™ to participate, however those who accept an invitation to become Swim Buddies must agree to the full INVI Mindhealth™ Terms & Conditions and Privacy Policy, effectively becoming a User for the sake of this agreement.

User Content Terms of Use and Restrictions

As a User, you agree that you are solely responsible for the Content and/or other information that you transmit through the Site and/or Services. You agree to use the Site and/or Services in a manner consistent with any and all applicable laws, rules and regulations. In connection with your use of the Site and/or Services, you agree not to:

display any telephone numbers, street addresses, URLs, e - mail addresses or confidential information of any third party;
display any audio files, text, photographs, videos or other images containing confidential information;
display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law;
impersonate any person or entity;
“stalk” or otherwise harass any person;
engage in any unauthorized advertising or commercial solicitation of third parties;
transmit any chain letters, spam or junk e - mail;
express or imply that any statements that you make are endorsed by INVI Mindhealth™, without our specific prior written consent;
harvest or collect personal information of other Users or other persons whether or not for commercial purposes, without their express consent;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
post, distribute or reproduce in any way any copyrighted material, trademarks, service marks, trade secrets, patents, domain names, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
remove any copyright, trademark or other proprietary rights notices contained on the Site;
interfere with or disrupt any of the Services, Site and/or the servers or networks connected to same;
post, offer for download, e - mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet;
“frame” or “mirror” any part of the Site, without our prior written authorization;
use metatags, code or other devices containing any reference to INVI Mindhealth™, the Services and/or the Site in order to direct any person to any other website for any purpose; and/or
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services and/or Site or any software used on or for the Services and/or Site.

Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your subscription without notice, in the sole discretion of INVI Mindhealth™. INVI Mindhealth™ reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.

Requirements

As a User, you are granted a non - exclusive, non - transferable, revocable and limited license to access and use the INVI Mindhealth™ Services and certain third - party User Content in accordance with the Agreement. INVI Mindhealth™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by INVI Mindhealth™, you may only use the INVI Mindhealth™ Services and third - party User Content for your own personal use. No part of the INVI Mindhealth™ Services or third - party User Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the INVI Mindhealth™ Services, third - party User Content and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the INVI Mindhealth™ Services and/or third - party User Content. You may not use the INVI Mindhealth™ Services and/or third - party User Content in conjunction with any other third - party content. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Content or other information from the Site. You may not exploit any aspect of the INVI Mindhealth™ Services and/or third - party User Content for any commercial purposes not expressly permitted by INVI Mindhealth™. You further agree to indemnify and hold harmless INVI Mindhealth™ for your failure to comply with this Section 14. INVI Mindhealth™ reserves any rights not explicitly granted in the Agreement.

You agree that INVI Mindhealth™, in its sole discretion, may terminate your use of the site and INVI Mindhealth™ offerings, and remove and discard any content within the site, for any reason, including, without limitation, for lack of use or if INVI Mindhealth™ believes that you have violated or acted inconsistently with the letter or spirit of the terms and conditions. INVI Mindhealth™ may also, in its sole discretion and at any time, discontinue providing the site and INVI Mindhealth™ offerings or any part thereof, with or without notice. You agree that any termination of your access to the site and INVI Mindhealth™ offerings under any provision of these terms and conditions may be effected without prior notice, and acknowledge and agree that INVI Mindhealth™ may immediately deactivate or delete your user content and/or bar any further access to such files, the site, or INVI Mindhealth™ offerings. Further, you agree that INVI Mindhealth™ shall not be liable to you or any third party for any termination of your access to the INVI Mindhealth™ offerings. The terms and conditions will continue to apply to your past use of the site and INVI Mindhealth™ offerings. Termination of your access to and use of the site and INVI Mindhealth™ offerings shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to INVI Mindhealth™.

Proprietary Rights

All third - party User Content and other material posted or made available by and through the INVI Mindhealth™ Services including, but not limited to, the design, selection, arrangement and coordination of such INVI Mindhealth™ Services, is owned by, or licensed to, INVI Mindhealth™ and is protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the INVI Mindhealth™ Services and/or third - party User Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without INVI Mindhealth™’s prior express written consent. Except as expressly provided in the Agreement, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity, service marks or trademarks with respect to any of the INVI Mindhealth™ Services, third - party User Content or any document, software, services or other materials viewed at or through same. The posting of information or material by and through the INVI Mindhealth™ Services by INVI Mindhealth™, any User or any Third - Party Provider does not constitute a waiver of any right in or to such information and materials. INVI Mindhealth™ reserves all rights not expressly granted in the Agreement. The “INVI Mindhealth™” name and logo are trademarks of INVI Mindhealth™. All custom graphics, icons and service names are trademarks and/or copyrights of INVI Mindhealth™. All other trademarks are the property of their respective owners. The use of any INVI Mindhealth™ trademarks, service marks, copyrights, patents, trade secrets, domain names, and/or other proprietary rights without INVI Mindhealth™’s express written consent is strictly prohibited.

Bypassing or Disabling any Portion of the INVI Mindhealth™ Services or Software

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the INVI Mindhealth™ Services. You may not take any action that imposes an unreasonable or disproportionately large load on the INVI Mindhealth™ Services infrastructure. If you bypass or disable any portion of the INVI Mindhealth™ Services or associated software including, without limitation, the blocking of cookies, or blocking the operation of any other INVI Mindhealth™ systems, you are in violation of the Agreement and INVI Mindhealth™ may suspend or terminate your use of the INVI Mindhealth™ Services without notice. Termination of your access to the INVI Mindhealth™ Services will not excuse you from any criminal or other civil liability that may result from your actions.

Indemnification

You agree to indemnify and hold INVI Mindhealth™, its parents and subsidiaries, and each of their respective Users, officers, directors, employees, agents, co - branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third - party due to or arising out of:

your use of any of the INVI Mindhealth™ Services;
your breach of the Agreement;
your violation of any rights of another individual and/or entity;
any dispute between you and any User, Third - Party Provider or other third - party; and
your User Content.

The provisions of this Section 17 are for the benefit of INVI Mindhealth™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, Users, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

Disclaimer of Warranties

The INVI Mindhealth™ offerings, User Content, and/or any other INVI Mindhealth™ products and/or services are provided to you on an “as is” and “as available” basis. Any and all warranties, express and/or implied, are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property, and/or fitness for a particular purpose). In particular, but not as a limitation thereof, INVI Mindhealth™ makes no warranty that the INVI Mindhealth™ offerings, User Content, and/or any other INVI Mindhealth™ products and/or services:

will meet your requirements;
will be uninterrupted, timely, secure, or error-free, or that defects will be corrected;
will be free of viruses, worms, Trojan horses, or other harmful components or destructive programs;
will have security methods employed that will be sufficient against interference with your enjoyment of same, or against infringement;
will result in any specific happiness, mental health, psychiatric, or other benefit or related outcome; and/or
will be accurate or reliable.

The INVI Mindhealth™ offerings, User Content, and/or any other INVI Mindhealth™ products and/or services may contain bugs, errors, problems, or other limitations.

INVI Mindhealth™ will not be liable for the availability of the underlying internet connection associated with the site. No advice or information, whether oral or written, obtained by you from INVI Mindhealth™, any users, third-party providers, or otherwise through or from the INVI Mindhealth™ offerings and/or User Content, shall create any warranty not expressly stated in the Agreement.

Limitation of Liability

You expressly understand and agree that INVI Mindhealth™ shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential, and/or exemplary damages including, but not limited to, damages for pain and suffering, personal injury/wrongful death, loss of income, loss of consortium, business interruption, or damages for loss of profits, goodwill, loss of data, or other intangible losses (even if INVI Mindhealth™ has been advised of the possibility of such damages).

To the fullest extent permissible by law, INVI Mindhealth™ also shall not be liable to you or any third party for:

The use or the inability to use the INVI Mindhealth™ offerings, user content, and/or any other INVI Mindhealth™ products and/or services.
The cost of procurement of substitute goods and services resulting from any goods, data, information, content, and/or any other INVI Mindhealth™ products and/or services purchased or obtained from or through the INVI Mindhealth™ offerings and/or user content.
The failure to realize any specific happiness, mental health, psychiatric, or other benefit or related outcome.
Any other matter relating to the INVI Mindhealth™ offerings, user content, and/or any other INVI Mindhealth™ products and/or services.

This limitation applies to all causes of action, in the aggregate, including, but not limited to, securities law violations, breach of contract, breach of warranty, negligence, strict liability, medical and other malpractice, misrepresentation, and any and all other torts.

You hereby release INVI Mindhealth™ from any and all obligations, liabilities, and claims in excess of the limitations stated herein. If applicable law does not permit such limitation, the maximum liability of INVI Mindhealth™ to you under any and all circumstances will be five hundred dollars ($500.00).

No action, regardless of form, arising out of your use of the INVI Mindhealth™ offerings, User Content, and/or any other INVI Mindhealth™ products and/or services may be brought by you or INVI Mindhealth™ more than one (1) year following the event which gave rise to the cause of action.

The negation of damages set forth above is a fundamental element of the basis of the bargain between you and INVI Mindhealth™. Access to the INVI Mindhealth™ offerings, User Content, and/or any other INVI Mindhealth™ products and/or services would not be provided to you without such limitations.

Some jurisdictions do not allow certain limitations on liability, and in such jurisdictions INVI Mindhealth™’s liability shall be limited to the maximum extent permitted by law.

Third-Party Websites

The INVI Mindhealth™ Services contain links to other websites on the Internet that are owned and operated by third parties, including Third - Party Providers. In some instances, these websites may be co - branded and the third parties are entitled to use INVI Mindhealth™’s name and logo on their third - party websites. INVI Mindhealth™ does not control the information, products or services available on these third - party websites. The inclusion of co - branding and/or links does not imply endorsement by INVI Mindhealth™ of the applicable website or any association with the website’s operators. Because INVI Mindhealth™ has no control over such websites and resources, you agree that INVI Mindhealth™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers, Third - Party Providers featured on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable Third - Party Provider, advertiser or other third - party, as applicable. You further agree that INVI Mindhealth™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

User Information

Except where expressly provided otherwise by us in the Agreement, and subject to the Privacy Policy, all comments, content, information and/or materials that you submit through or in association with this Site and/or the INVI Mindhealth™ Services including, without limitation, the User Content, shall be subject to the Privacy Policy. By submitting such User Content and/or materials to us, you, subject to the Privacy Policy:

represent and warrant that INVI Mindhealth™’s use of your submission does not and will not breach any agreement, violate any law or infringe any third - party’s rights and is true and accurate in all respects;

agree that INVI Mindhealth™ is free to use, in any manner, all or part of such User Content and/or materials on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and

grant INVI Mindhealth™ all necessary rights, including a waiver of all copyright, trademark, service marks, privacy, right of publicity and moral rights, to use all User Content and/or materials, in whole or in part, or as a derivative work, without any duty by INVI Mindhealth™ to anyone whatsoever.

Copyright Policy/DMCA Compliance

INVI Mindhealth™ reserves the right to terminate the Subscription of any User who repeatedly infringes upon third - party copyright rights. If you believe that a copyrighted work has been copied and/or posted on or via the Site and/or Services in a way that constitutes copyright infringement, you should provide INVI Mindhealth™ with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
an identification and location on the Site (or otherwise) of the copyrighted work that you claim has been infringed upon;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law;
your name and contact information, such as telephone number or e - mail address; and
a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Dispute Resolution Provisions

The Agreement shall be governed by and construed in accordance with the laws of the State of <INSERT STATE WHERE INVI IS REGISTERED AS A CORP>, U.S.A. (without regard to conflict of law principles).

Should a dispute arise concerning the INVI Mindhealth™ Services, the terms and conditions of the Agreement or the breach of same by any party hereto the parties agree to submit their dispute for resolution by binding arbitration before the American Arbitration Association in Delaware, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; provided, however, that any claims, disputes, actions or proceedings by INVI Mindhealth™ to relating to its intellectual property rights and/or to prevent unfair competition, misappropriation of trade secrets, unauthorized access, fraud, industrial espionage, and or fraud (including computer fraud) may be brought in the federal courts in the City and County of Delaware, Delaware, U.S.A. and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

To the extent permitted by law, you agree that you will not join any arbitral claim with the claim of any other person or entity, and you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against INVI Mindhealth™ and/or its employees, officers, directors, Users, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that INVI Mindhealth™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits:

does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and
is an independent agreement. You may opt - out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

INVI Mindhealth™ makes no claim that the Site or the INVI Mindhealth™ Services may be lawfully viewed or that Content may be downloaded outside the U.S.A. Access to the Site and Content and use of the INVI Mindhealth™ Services may not be legal by certain persons or in certain countries. If you access the Site and use the INVI Mindhealth™ Services from outside the U.S.A., you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

Miscellaneous

Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Headings used in this Agreement are for convenience only and have no legal or contractual significance. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors, heirs, and assigns of both parties, as the case may be. INVI Mindhealth™ may assign this Agreement in whole or in part at any time without your consent. You may not assign this Agreement or delegate any of your obligations hereunder.

Contact Us

To contact us directly with any questions or comments that you may have, send an email to support@INVImh.com. We endeavor to listen to or read, as applicable, every message sent in and to reply promptly to each one. The information that is provided by you is used to respond directly to your questions or comments. If you have any questions about the Agreement, the INVI Mindhealth™ Services or the practices of INVI Mindhealth™, please feel free to contact us at support@INVImh.com.