Smile App T's&C's
SMILE APP TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SMILE APP
1. About our Terms
1.1. These terms and conditions of use (“Terms”) explain how you may use the mobile, desktop or web version of the Smile application and any of its content (“App”). These Terms apply between Smile Mental Healthcare Ltd (“Smile”, “we”, “us” or “our”) and you, the person accessing or using the App (“you” or “your”).
1.2. You should read these Terms carefully before using the App. By using the App or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the App immediately.
1.3. We will endeavour to ensure that there is always some free content available to users of the App but if you purchase a premium subscription to access restricted parts of the App, separate terms and conditions as set out below (“Premium Subscription Terms”) will apply in addition to these Terms. To the extent that there is a conflict between these Terms and any such Premium Subscription Terms, the Premium Subscription Terms will prevail.
1.4. We offer at our own discretion free access to the premium subscription. If you are prohibited by the cost and would like to discuss this option, please contact Smile directly through the contact link under the Account section of the App.
2. About us and how to contact us
2.1. We are Smile, a company incorporated and registered in England and Wales with company number 13347285 whose registered office is at 31 Upper Church Road, Stroud, Gloucestershire, England, GL5 4JF.
2.2. If you have any questions about the App, please contact us by sending an email to [email protected]. Please note that the relevant third party app store from which you may have downloaded the App (“Third Party App Store”) is not responsible for providing any maintenance or support services with respect to the App.
3.1. The App is licenced, not sold, to you by Smile for use strictly in accordance with these Terms. You and we acknowledge that the licence is made between you and us only, not with any Third Party App Store, and Smile is solely responsible for the App and its content.
3.2. Smile grants to you a revocable, non-transferable, non-exclusive license to download, install and use the App on your device solely for your personal, non-commercial purposes and only as permitted by these Terms. These Terms will govern any content, materials, or services accessible from or purchased within the App as well as upgrades provided by Smile that replace or supplement the original App, unless such upgrade is accompanied by additional terms. Except as provided in these Terms, you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, sublicense, lease, provide or otherwise make available the App in any form, in whole or in part, to any other person. You may not copy (except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App). You may not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of it to be combined with, or to become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these Terms.
3.3. If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.
3.4. Smile reserves all rights in and to the App not expressly granted to you under these Terms.
4. Using the App
4.1. You must be at least 18 years old to use our App. Use of the App by users under the age of 18 years old must only be with the consent and involvement of a parent or guardian.
4.2. The App is for your personal and non-commercial use only. You agree that you will not replicate the App or share any part of it with third parties.
4.3. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the App.
4.4. The App is only appropriate for and intended to be available for use in the United Kingdom. If you choose to access the App from locations outside the United Kingdom, you acknowledge you do so at your own initiative and risk and are responsible for compliance with local laws where they apply.
4.5. In addition, you must not:
4.5.1. use the App in any unlawful manner, for any unlawful purpose, in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, or any operating system;
4.5.2. infringe our intellectual property rights or those of any third party in relation to your use of the App, including by the submission of any material (to the extent that such use is not licensed by these Terms);
4.5.3. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
4.5.4. use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
4.5.5. collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App.
4.6. We may prevent or suspend your access to the App if you do not comply with these Terms or any applicable law.
4.7. The ways in which you can use the App may also be controlled by a Third Party App Store’s rules and policies and those rules and policies may apply in addition to, or (where there is a conflict between the two) instead of, these Terms.
5. Registration and password security
5.1. Use of the App requires you to register for an account (“Account”), particularly in order to access restricted areas within the App.
5.2. You are responsible for ensuring that the information you provide to us when registering for an Account via the App is accurate, complete and up-to-date at all times. You can edit your account details on the Settings page within the App.
5.3. You must not use as a username for an Account any name that is offensive, vulgar or obscene. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in such usernames.
5.4. We are not obliged to permit anyone to register an Account with the App and we may refuse, terminate or suspend registration to anyone at any time.
5.5. You are responsible for making sure that your password and any other details of your Account are kept secure and confidential. If you know or suspect that anyone other than you knows your password or has unauthorised access to your Account, you must promptly notify us.
5.6. If we have reason to believe there is likely to be a breach of security or misuse of the App through your Account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your Account.
6. Your privacy and personal information
7. Ownership, use and intellectual property rights
7.1. The intellectual property rights in the App and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the App (including information, suggestions, recommendations, meditations and all other wellness tools contained within the App) (“Content”) are owned by us and/or our licensors. You have no intellectual property rights in, or to, the App or the Content other than the right to use them in accordance with these Terms.
7.2. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
7.3. Nothing in these Terms grants you any legal rights in the App or the Content other than as necessary for you to access it in accordance with these Terms or as permitted by law. You agree not to adjust, try to circumvent or delete any notices contained on the App or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the App or the Content.
7.4. Our status (and that of any identified contributors) as the authors of Content on our App must always be acknowledged (except where the content is user-generated).
7.5. You must not reproduce, modify, copy or distribute or use for commercial purposes any of the code or content of the App (including the Content) without written permission to do so from us.
7.6. Nothing in these terms gives you a right to use any of Smile’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
7.7. If you print off, copy, download, share or repost any part of the App or the Content in breach of these Terms, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. Rights in Content granted by us
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Content solely in connection with your permitted use of the App and solely for your personal and non-commercial purposes.
9. Submitting feedback
10. Uploading information
Information or content that you may enter into the ‘Reflections’ or ‘Smile File’ sections of the App are your sole responsibility and are not in any way our responsibility. We will not filter or regulate this information in any way.
11. Accuracy of information
11.1. We try to make sure that the App is accurate, up-to-date and free from bugs and security vulnerabilities, but we cannot promise that it will be. We do not warrant that the App, its servers, the Content or emails sent from or on behalf of Smile will be secure, accurate, uninterrupted, free from errors, viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
11.2. Although we make reasonable efforts to update the information on the App, we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up to date. As set out in Clause 14 of these Terms, the App and the Content are provided on an “as-is” basis only.
11.3. We cannot promise that the App or the Content will be fit or suitable for any purpose, including improvements to your wellbeing or otherwise. Any reliance that you may place on the information on the App or the Content is at your own risk.
11.4. Any Content is provided for your information purposes only but has not been tailored to your specific requirements or circumstances. It does not constitute medical or clinical advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our App and the Content, and must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content.
12. Medical disclaimer
By using the App and Content, you understand and agree that:
12.1. the App and Content are non-clinical in nature, provided for informational purposes only, and not intended, designed, or implied to diagnose, prevent, treat, or cure any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care or the advice or instructions of your GP, physician or any other qualified healthcare professional;
12.2. you must always consult a GP, physician or any other qualified healthcare professional if you think that you may be suffering from a mental health condition or any other medical condition;
12.3. you should always consult a GP, physician or any other qualified healthcare professional if you have any questions regarding your mental health, any medical condition or health-related matter;
12.4. the App and the Content are not intended for use in crisis or emergencies or to treat severe mental health conditions;
12.5. the App and the Content are not suitable for use by those with an eating disorder, psychosis, suicidal ideation or self-harm tendencies of any kind;
12.6. you will never delay seeking medical attention or disregard medical advice or discontinue medical treatment because of the App or the Content;
12.7. by choosing to perform any of the exercises or tools explained, or discussed in the App (“Exercises”) that you do so at your own risk, you will not do so if you know of any reason why you should not attempt them including due to your unique physical and health condition, and that you alone are responsible for making sure that the Exercises are carried out in a safe manner;
12.8. you will make the appropriate healthcare practitioner aware if you are performing any of the Exercises whilst undergoing medical treatment or a medical procedure and ensure that the person performing such treatment or procedure is made aware;
12.9. if you are pregnant or suffer from any medical or physical condition or disability, you will not make any changes to your diet, nutrition, lifestyle, activities or exercise routines based on the Content or other information contained within the App without first consulting your GP, physician or any other qualified healthcare professional;
12.10. it is your responsibility to get appropriate sign off, whether post-natal, during pregnancy or otherwise, from your GP, physician or any other qualified healthcare professional prior to using any of the tools or following any of the Exercises, suggestions or recommendations within App or the Content;
12.11. if you experience any faintness, dizziness, shortness of breath at any time while following any Exercises, you will stop performing any such activity immediately; and
12.12. you will not use the App or Content while driving, operating heavy machinery, or performing other tasks that require attention and concentration.
13. Live workshops
13.1. You acknowledge that the availability of the live workshops offered within the App (“Workshops”) may be limited in number and you are not guaranteed a space by subscribing to the App.
13.2. Workshops will be carried out online and you will ensure that you have the appropriate means by which to attend.
14.1. We make no representations or warranties regarding the App and any of the Content. In particular:
14.1.1. You acknowledge and agree that use of the App and the Content is at your sole risk. To the maximum extent permitted by applicable law, the App, the Content and any services performed or provided by the App are provided “as is” and “as available,” with all faults and without warranty of any kind, and Smile hereby disclaims all warranties and conditions with respect to the App, the Content and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights. No oral or written information or advice given by Smile or its authorized representative shall create a warranty.
14.1.2. You acknowledge and agree that the Content on the App may not be appropriate for you and that Smile is not responsible for determining whether the recommendations are appropriate for you.
14.2. By choosing to follow any of the advice, tools, suggestions or recommendations in the Content, you assume all risks, including without limitation the risk of personal injury and any associated costs or losses.
14.3. Except for liability within the scope of Clause 14.4, we are not legally responsible or liable for any losses (i) that were not foreseeable to you and us when the contract was formed; (ii) that were not caused by any breach on our part of our obligations under these Terms; (iii) business losses of any kind including loss of profit, loss of business, business interruption and/or loss of business opportunity; (iv) losses to non-consumers; (v) arising from any conduct or content of any third party on the App (including any Content provided by Contributors); (vi) arising from any unauthorized access, use or alteration of the App or the Content and/or (vii) arising from any failure by you to comply with these Terms. Where the Premium Subscription Terms apply, our total liability to you (including in negligence) shall be limited to the amount of the subscription price actually paid by you in the twelve (12) months before the event giving rise to your claim. Where the Premium Subscription Terms do not apply, our total liability to you (including in negligence) shall be limited to £30.00 (thirty pounds sterling).
14.4. Nothing in these Terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
14.5. Smile, and not the any Third Party App Store, is responsible for addressing any disputes or claims you may have relating to the App or your possession and/or use of the App.
15. Our team
15.1. We work with a number of clinical experts (“Contributors”). We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any of our Contributors outside of the App.
15.2. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available from any Contributor that we work with.
16. Availability of the App and termination
16.1. We may suspend or terminate access to or operation of the App and these Terms without liability at any time as we see fit. In particular, we may end your rights to use the App at any time by contacting you if you have failed to comply with these Terms.
16.2. Upon termination of these Terms, your right to use the App and the limited licence granted under these Terms will immediately cease. You must stop all activities authorised by these Terms, including your use of the App and the Content. You must also delete or remove the App from all devices in your possession and immediately destroy all copies of the Content which you have.
16.3. While we try to make sure that the App is available for your use, we do not promise that the App will be available at all times or that your use of the App will be uninterrupted. Your access to the App may occasionally be restricted to allow for repairs, maintenance or the introduction of new functionality or services. We will attempt to restore the service as soon as we reasonably can.
16.4. We will use reasonable endeavours to provide technical and other support for the App.
16.5. If you wish to terminate your Account, you may simply discontinue using the App, and cancel your subscription for premium content in accordance with the Premium Subscription Terms, if applicable.
16.7. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
17. Hyperlinks and third-party sites
The App may contain hyperlinks or references to third-party websites and resources provided by third parties. Any such hyperlinks or references are provided for your information only. We have no control over third-party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site and is at your own risk.
18.1. To use the mobile version of the App you must have an Apple iOS or Android device with Apple iOS 14 or a more recent operating system or Android 10 or a more recent operating system respectively.
18.2. We reserve the right to change the versions of the operating systems that the App is compatible with. This means that overtime, some devices and operating systems will not be able to access the latest version of the App.
19. Changes to the App
19.1. We may, at our sole discretion, update and change our App from time to time without notice, including improvements to the features or functionality of the App that may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
19.2. Updates may modify or delete certain features and/or functionalities of the App. You agree that we have no obligation to (a) provide any Updates, or (b) continue to provide or enable any particular features and/or functionalities of the App to you.
19.3. You agree that all Updates will be (a) deemed to constitute an integral part of the App, and (b) subject to these Terms.
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.
21. No third party rights
Except for any Third Party App Store where required by their terms (but only in respect of the provisions of these Terms directly applicable to such Third Party App Store), no one other than us or you has any right to enforce any of these Terms.
22. Variation and waiver
22.1. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the App, and we will provide you with 30 days written notice of material changes. What constitutes a material change will be determined at our sole discretion.
22.2. By continuing to use and access the App following any changes are made, you agree to be bound by any variation made by us. Where there is a material change to the Terms, we may ask you to give your consent to the Terms again when you sign in to use the App.
22.3. If you breach these Terms and we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, we will still be entitled to exercise its rights and remedies at a later date or in any other situation where you breach these Terms.
23. Assignment and other dealings
You may not transfer any of your rights under these Terms to any other person. We may assign or transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.
These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
SMILE PREMIUM SUBSCRIPTION TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING A PREMIUM SUBSCRIPTION SERVICE
1. About us and how to contact us
We are Smile Mental Healthcare Ltd (“Smile”), a company incorporated and registered in England and Wales with company number 13347285 whose registered office is at 31 Upper Church Road, Stroud, Gloucestershire, England, GL5 4JF. We operate the Smile App (as defined in the App Terms) and you can contact us as set out in the App Terms.
2.1. Your use of our App is governed by our App terms and conditions of use found Above (“App Terms”). For the avoidance of doubt, the App Terms apply to you in addition to these Premium Terms.
2.2. Any reference to “we”, “us” or “our” in these Premium Terms is to Smile, and any reference to “you” or “your” is to the person purchasing a Premium Subscription.
2.3. These terms and conditions (“Premium Terms”) apply to any purchases you make on our App for the monthly, annual, or lifetime premium subscription service (“Premium Subscription”).
2.4. We may make changes to these Premium Terms at any time. However, the terms and conditions which apply to your purchase will be those in force at the time you made your purchase with us.
2.5. Please print out or save a copy of these Premium Terms and any emails from us for your records. These Premium Terms are only available in English.
2.6. The Premium Subscription is an instant access service. By purchasing a Premium Subscription, you agree your access will start immediately and that you waive your statutory right to cancel our contract within 14 days of our confirmation email. Please see Clause 10 for your cancellation rights.
A Premium Subscription offers access to restricted content on the App (“Premium Content”).
4.1. We cannot guarantee that any particular Premium Content will be available at any given time, or that access to the Premium Content will be uninterrupted, error free or secure. For example, access to Premium Content may be temporarily unavailable while we carry out maintenance or for other technical reasons.
4.2. You agree that your purchase of the Premium Subscription is not contingent on the delivery of any future content, functionality, features or associated products related to the App or Premium Content or otherwise.
5. Technical requirements
5.1. To access the Premium Content, your mobile device needs to comply with the minimum technical requirements set out in our App Terms. Please read these carefully as you are responsible for making sure that your mobile device meets these requirements.
5.2. You will need internet access to view the Premium Content and you are responsible for any charges you may incur in connection with your access.
6. Geographical restrictions
The Premium Subscription is designed for use in the United Kingdom. We cannot guarantee that the Premium Subscription is appropriate or will be available for use in locations outside of the United Kingdom. If you use the Premium Subscription outside of the United Kingdom, you are responsible for ensuring that you comply with any local laws.
7.1. The prices for a Premium Subscription vary depending on whether the purchase is for (a) a monthly subscription, (b) an annual subscription, or (c) a lifetime subscription. The prices are set out in our App and all prices are expressed inclusive of VAT unless otherwise stated. All subscription period options deliver the same content and features.
7.2. Prices for our Premium Subscription may change at any time. We will notify you of any changes at least one month in advance of the changes coming into effect and highlight any changes that affect you. Any such price change will apply to the new renewal period for a monthly or annual Premium Subscription.
7.3. If you do not agree to the price, you may cancel your Premium Subscription before the new renewal period begins in accordance with Clause 10.
7.4. We offer at our own discretion free access to the Premium Subscription. If you are prohibited by the cost and would like to discuss this option, please contact Smile directly through the contact link under the Account section of the App.
When you select to purchase a Premium Subscription on the App, you will make your payment in advance through a Third Party App Store and/or our third-party payment service provider.
9. Automatic renewal
9.1. The timing of your payment and the automatic renewal of your Premium Subscription will depend on the duration of your Premium Subscription period and are subject to cancellation rights specified in Clause 10.
9.2. For lifetime Premium Subscriptions, all amounts are payable and charged at the time you place your order for the Premium Subscription.
9.3. For monthly or annual Premium Subscriptions, the subscription will renew automatically for an additional subscription period equal in length to the expiring subscription period. Unless you cancel in accordance with Clause 10, all amounts are payable: (a) at the time you place for order for the Premium Subscription; and (b) at the time of each renewal.
9.4. You can manage your monthly or annual Premium Subscription and can turn off automatic renewal through using the ‘Manage Subscription’ button in the Account section of the App.
9.5. You must turn off automatic renewal in accordance with Clause 9.4 not less than one day before the date of renewal to avoid payment for the next subscription period.
10.1. By placing your order for a Premium Subscription, you agree that we may start your Premium Subscription immediately upon our acceptance of your order and that you waive your statutory right to cancel our contract within 14 days of our confirmation email. This means that you lose your right to cancel this contract once we have provided confirmation via email of your Premium Subscription and that any notice of cancellation that you provide (whether before or after the 14-day period) will only take effect at the end of your current subscription period. You will not be entitled to a refund except if there is a fault in our provision of the Premium Subscription.
10.2. You can cancel your monthly or annual Premium Subscription at any time through using the ‘Manage Subscription’ button in the Account section of the App. Your cancellation will take effect at the next payment/billing date.
10.3. Cancellation in accordance with Clause 10.2 must be done not less than one day before the date of renewal to avoid billing of the fees for the next subscription period.
10.4. Following cancellation in accordance with Clause 10.2:
10.4.1. from the expiry of your then-current Premium Subscription period, you will still have access to the App but excluding the Premium Content; and
11.1. If you purchase a Premium Subscription, the sale is final and you will not receive a refund. This does not affect your cancellation rights under Clause 10.
11.2. You will not receive a refund for the fees you already paid for your current Premium Subscription period, and you will continue to have access to the Premium Content until the end of your then-current Premium Subscription period.
11.3. Our third-party payment service provider and/or the relevant Third Party App Store handles all billing for Premium Subscription payments, and you should contact them directly in relation to any payment issues or to dispute any charges.
12. Your information
These Premium Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any contractual or non-contractual dispute.