Last Updated: 20.11.2020
These Terms of Use (the “Terms”) set forth the terms and conditions that govern (i) access to, and use of the application provided by Ascendio (as defined below) (the “App”), (ii) the access to, and use of our therapist platform available at the URL https://specialist.im-fine.app („Platform”), (iii) the access to, and use of our web database of healthcare professionals (as defined below) available at the URL https://im-fine.app/ro/psihologi-psihoterapeuti (“Web Database”), (iv) the access to, and use of our clinic platform available at the URL https://clinic.im-fine.app/ (“Clinic Platform”), (v) and the access to, and use of the content of the App, the Platform and the Web Database including of the services provided by Ascendio (collectively, “Services”). In these Terms, the App, the Platform and the Web Database shall be collectively referred to as “I’m Fine”.
Please carefully read these Terms as they contain important information concerning your rights and obligations. These Terms include various limitations and exclusions, defining Ascendio’s liability in certain cases, determining the jurisdiction and authorities on matters of conflict resolution, as well as the applicable legislation to Services.
These Terms are a legal agreement between you, (i) as a person using the App, the Platform or the Web Database in order to learn more about your well-being condition (“App User”), or (ii) as a personal using the Web Database in order to search for a Medical Professional and make an appointment (“Web Database User”), or (ii) as a specialist using the Platform or posting the profile on the Web Database (“Medical Professional”), or (iv) as a user only navigating through our Platform or Web Database or installing and navigating through out App (“you”, “your”, or “user”) or (v) a clinic administrator using the Clinic Platform (“Clinic Administrator”) and Ascendio TechVision SRL, a company incorporated under the Romanian law, having its headquarters at 202K Splaiul Independentei, Bldg. B3, Entr. B, 4th floor, suite 26, District 6, Bucharest, Romania, Tax Code 38091006, (“Ascendio”, “we”, “us”). Before you use the App the Platform, or the Web Database, you will need to agree to these Terms. We are only willing to make the App, the Platform or the Web Database available to you if you accept all of these Terms. Otherwise, you may not access or use the App or the Platform or the Web Database. The use of the App, the Platform or the Web Database represents your confirmation that you understand and agree to all of these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will also refer to that organization, wherever possible.
We reserve the right to change the Terms at any time and in our sole discretion. If we make changes to these Terms, we will make the updated version of the Terms available on the App, on the Platform and on the Web Database and update the “Last Updated” date found at the top of these Terms and we will inform you accordingly. Please verify these Terms periodically for changes. Any changes to the Terms will apply as of the date that they are made, and your continued access to or use of the App, of the Platform or of the Web Database after the Terms have been updated will constitute your binding acceptance of the updates.
You must be over 18 years of age to use the Services, and children under the age of 18 cannot use or register for the Services. If you are over 18 years of age but are not yet of legal age to form a binding contract, then you must get your parent or guardian to read these Terms and agree to them for you before you use the Services. If you are a parent or guardian and you provide your consent to your child’s registration with the Services, you agree to be bound by these Terms with respect of your child’s use of the Services.
The App aims is an application that enables the persons to learn more about their condition, offers solutions personalized for their problems and connects them to the appropriate specialist when they feel ready to take that step.
By posting, submitting or displaying information, the App User acknowledges and agrees that the information can be viewed and/or used by the proprietary algorithm, the AI, the chat bot in order to provide the Services.
The App User hereby acknowledges that she/he will take into consideration the suggestions given by the chat bot via the I’m Fine. However, the App User will immediately stop applying the previously mentioned suggestion, if this provides emotional or psychological distress. In case the App User considers that she/he are in need of help, either physically or mentally, they will immediately contact the emergency line or their specialist, trained medical professional or other healthcare provider.
You acknowledge and agree that the Services constitute, primarily, a personalized self-help system designed to help you improve your own mental status and well-being and to address anxiety issues, and that if you choose to utilize the Services you are solely responsible for deciding which of the suggested techniques you put into practice and how to apply those techniques. As such, you acknowledge that Ascendio is not a health care provider and does not provide you with any medical advice. The Services are not meant in any way, shape or form to give medical advice or to provide a possible solution within the medical system without the consent of a specialist, trained medical professional or healthcare provider, since the Services only regard an AI-driven chatbot and must only be regard as such.
The user acknowledges and agrees that the way of using the I’m Fine Services and any undesirable or unintended outcome is their responsibility and is not the responsibility of Ascendio.
Any advice or other materials provided through the Services are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. Such advice and other materials are intended to support the relationship between you and your specialists, trained medical professionals or healthcare providers (as the case may be), and not replace it. We are not liable or responsible for any actions taken due to you having read or been told about such advice or other materials. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice or other materials and information published on or through the Services.
If you receive advice from a specialist, trained medical professional or other healthcare provider which conflicts with anything contained in the Services then the advice or indication given by the former must be taken into consideration and disregard any suggestion given via the Services. Never disregard professional medical advice or delay in seeking it because of you using these Services. If you think you may have a medical emergency or you require urgent assistance, call your specialist, trained medical professional or other healthcare provider or the emergency line immediately.
In addition to functioning as a standalone personalized self-help system, the Services may also be used by certain medical professionals and/or health care providers (i.e., the Medical Professionals) to monitor or otherwise assist in their patient’s use of the Services (“Patients”).
The Platform is intended to allow the Medical Professionals to manage the services provided to their Patients and to, also, digitally and easily connect with their Patients. In case an App User connect with a Medical Professional the respective App User shall become a Patient.
The profiles are publicly available for the App Users, and the App Users can search for Medical Professionals and establish an appointment with them. As such, the Medical Professionals understand and agree that all the information indicated in their profile, including the image, description and so forth will be available to any user accessing and navigating through the App.
We act only as an intermediary between the Medical Professionals and the Patients and we only facilitate the connection between them. We are not part of the contract between the Medical Professionals and the Patients, we do not provide the services supplied by the Medical Professional and we make no warranty of representation in relation to the respective services.
The App Users can review the services provided by the Medical Professionals and the interaction with them. The review shall be publicly available, and we are not responsible for any of them.
The Medical Professionals should use the Platform to respond in 24 hours to patient connection requests to avoid a bad experience for the Patients. If more than 24 hours have passed, Ascendio reserves the right to unlist the Medical Professional’s profile in the App and Web Database until the connection request is processed.
The Web Database is a platform, publicly available, where Medical Professionals posts their profile (containing information about them, their experience and specialization). Once a Medical Professional create a User Account (as defined below) on the Platform, the profile shall be available on the Web Database.
The profiles are publicly available, and the Web Database Users can search for Medical Professionals and establish an appointment with them. As such, the Medical Professionals understand and agree that all the information indicated in their profile, including the image, description and so forth will be available to any user accessing and navigating through the Web Database.
The Web Database Users can review the services provided by the Medical Professionals and the interaction with them. The review shall be publicly available.
We act only as an intermediary between the Medical Professionals and the Web Database Users. We are not responsible for the interaction between the Medical Professionals and the Web Database Users, for the services provided by the Medical Professionals and neither for the reviews granted by the Web Database Users.
THE CLINICAL PLATFORM
The Platform is intended to allow the Medical Professionals to manage the services provided to their Patients and to, also, digitally and easily connect with their Patients. In case an App User connect with a Medical Professional the respective App User shall become a Patient.
In order to have access to all the features available for each type of users (App Users, Patients, Medical Professionals) you need to register and create a user account (“User Account”).
For creating the User Account, we need your first and last name, image, email and phone number. You have to provide accurate, current and complete User Account information about yourself.
Additionally, you are permitted to register for and log into the App and the Platform via certain third-party social networks, such as Google or Apple. If you log in via such platforms, the profile information related to the account you use to log into the App and the Platform, including your name or nickname, may be used by Ascendio in order to provide and support your User Account. Please, read our Privacy Policy for more information about how we use such data. You are required to provide accurate information concerning your social network accounts, and you are not allowed to use others’ accounts to register into the App.
When using the User Account, you need to take the following safeguards: (i) choose a strong password; (ii) maintain and promptly update as necessary the User Account information (iii) protect your User Account credentials and access to your Account.
If you become aware of any unauthorized use of your password, credentials or of your User Account, you need to notify us immediately.
You acknowledge and agree that you are responsible for all activities occurring under your User Account and accept all risks of any authorized or unauthorized access to your User Account, to the maximum extent permitted by law.
For the avoidance of doubt, by completing the registration process in the Platform and/or the Web Database, you confirm that the information you provided is correct, actual and complete. Moreover, you understand and agree to maintain this information accurately and to rectify it, if the case might be, in order for it to remain correct, actual and complete.
When finishing the registration process, your User Account will be given the inactive status. Ascendio will verify the information provided by you and the User Account and decide if the User Account will be activated or deleted.
This verification might include, but not limited to:
Ascendio may repeat these verifications as many times as it considers they are necessary. Subsequently, Ascendio may decide to deactivate the previously active User Account, if the verification indicates that the information provided by the Medical Professional is inaccurate or false, or if Ascendio believes that the deactivation is in its best interests. Ascendio may also deactivate a previously active User Account, in case the Medical Professional has engaged in unprofessional conduct or if Ascendio has received legitimate complaints from App Users or Web Database users regarding the activity of the said Medical Professional.
In case Ascendio believes that one or more of the conditions stated above are not met, it can decide at any time and without prior explanation that a Medical Professional can be refused or deactivated, if they had been previously active.
For clarity, although we verify the information provided by the Medical Professionals and perform regular verifications (as indicated above), we are not responsible if the Medical Professional provided inaccurate or false information or information was not available to us, or in case we decided to let the User Account active.
We reserve the right to charge the users a fee for using the App and/or the Platform and/or the Web Database (the “Fees”). In such a case, the Fee shall be available on the App and/or the Platform and/or the Web Database and or the Clinic Platform.
We have the right to change the Fees from time to time. When we do so, the updated Fees shall apply as of the date the changes are made.
We have the right to offer discounts to the Fees from time to time. In such a case, we will inform your accordingly and the discount shall apply pursuant to the conditions set out by Ascendio.
The payment of the fee shall be made by using the services of a third-party provider. You understand and agree that we do not provide the respective services and we cannot control them. We will not be responsible or liable for any claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses arising out of or relating to the use of the respective payment services.
Unless otherwise indicated by us, all elements of the App, the Platform and of the Web Database, all content and other materials therein are owned by us (or, as applicable, our licensors) and are protected by intellectual property rights. For the avoidance of doubt, the visual interfaces, design, text, graphics, pictures, systems, information, data, methods, software, computer code, organization, services, all other elements and any other documentation or other ancillary material provided to you (the “Content”) are owned by us or by our licensors and are protected by copyright, patents, trademarks, design, trade secrets, any other intellectual property rights and applicable law.
You can use the App, the Platform, the Web Database and the Content solely for the purpose provided by the Terms. However, you are not permitted to:
Any use of the App, the Platform, the Web Database or the Content other than as specifically authorized herein, without the prior written permission of Ascendio, is strictly prohibited. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws. Unless explicitly stated by Ascendio, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by implication or otherwise.
You are solely responsible for all content you create, transmit and/or distribute through the App, the Platform and the Web Database (“User Content”). With that in mind, you agree not to create, transmit and/or distribute through the App, the Platform and the Web Database any User Content that:
You are solely responsible for your own conduct while accessing or using the App, the Platform and the Web Database. You agree to use the App, the Platform and the Web Database only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. You agree that you will not and will not permit any third party to do, including but not limited to, any of the following:
You agree, at your sole expense, to defend, indemnify and hold us, our officers, agents, employees, advertisers, licensors, suppliers or partners harmless from and against any claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses of any kind or nature, including litigation costs, and legal fees arising out of or in any way related to (i) your use of the App, the Platform and the Web Database; (ii) your violation of these Terms or the rights of any third-party; or (iii) your breach of applicable laws in connection with your conduct, access to or use of the App the Platform and the Web Database.
You expressly acknowledge and agree that your use of the App, the Platform and the Web Database and Clinic Platform is at your sole risk and that the entire risk as to satisfactory quality, performance, safety, accuracy and effort is with you. To the maximum extent permitted by applicable law, we disclaim any and all warranties and representations (express or implied, written or oral) in relation to, without limitation, the App, the Platform, the Web Database or external websites or applications, including but not limited to any implied warranties of merchantability, implied warranties of fitness or suitability for any purpose and warranties of non-infringement, condition of title, accuracy, reliability. We do not warrant and/or represent that the App, the Platform and the Web Database will meet accuracy and your requirements, that the use of the App, the Platform and the Web Database will be uninterrupted, secure or error-free, or that the App, the Platform and the Web Database is free of harmful components, such as viruses.
Ascendio only acts as an intermediary in connecting the Medical Professionals with App Users and Web Database Users and is not involved in, and does not control, the advice and the relationship between the Medical Professionals and the App Users. As a result, Ascendio is not responsible for (i) the quality, safety, legality, truth or accuracy of the advice of Medical Professionals or User Content and (ii) the ability of Medical Professionals to grant advice.
Ascendio, as well as its successors, and any other party involved in the creation, development or delivery of the Services are not responsible for any indirect, related, specific, and/or determined damages resulted by the use of Services, such as, but not limited to:
While Ascendio reserves the right in its sole discretion to remove User Content or other material from the App, the Platform and the Web Database from time to time, Ascendio does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
You acknowledge and agree that to the maximum extent permitted under applicable law, in no event will Ascendio be liable to you or to any other third party for any incidental, indirect, special, consequential, exemplary or punitive damages whatsoever including, but not limited to, damages for loss of profits, (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, arising out of or related to the App. the Platform and the Web Database, regardless of the theory of liability (contract, warranty, tort, strict liability, product liability or other theory) and even if we have been advised of the possibility of such damages.
You understand and agree that we will not be liable for any failure or delayed performance of our obligations that results from any condition beyond our reasonable control, including but not limited to, acts or omissions of third parties, earthquake, fire, flood, governmental action, acts of terrorism, labor conditions, power failures, Internet disturbances or server failures.
You acknowledge that the App, the Platform and the Web Database is Internet-based and you understand and accept the inherent security risks associated with such applications and websites, including but not limited to, the risk of losing the Internet connections, the risk of malicious software, the risk of hardware or software failure and the risk of unauthorized access by third parties to your User Account. Thus, you agree that we have no liability for any malfunctions, communication failures, delays, errors, or any breach of security you might incur.
The App, the Platform and the Web Database may contain hyperlinks to third party website or resources. These links to third party pages are provided for convenience only. In any event, especially because of the volatile nature of information on the Internet, Ascendio cannot control the nature or content of these external sources and therefore is not responsible and or liable for the use, the unavailability of third party website nor their content and advertising or other materials available on such third party website that you might access via our App, the Platform and the Web Database.
We may, in our sole discretion and without cost to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion or feature of our App, Platform and the Web Database.
In no event will Ascendio be liable for the removal of or disabling of access to any portion or feature of the App, the Platform and the Web Database.
In case you breach these Terms, we may suspend or terminate in whole or in part, your access to the App and/or the Platform and the/or Web Database in our sole discretion, immediately and without prior notice, and delete or deactivate your User Account. In such a case, we will notify you accordingly.
We may also cancel, suspend, block or eliminate certain type of contents, including reviews in case that the respective content breaches the provisions of these Terms.
The users have the possibility to delete their User Accounts and in such a case, all their account information, shall be erased. However, we might retain certain information about the commercial relationship with the respective user, in accordance with our Privacy Policy.
Ascendio may assign these Terms and/or any and all of its rights or delegate any and all of its obligations under these Terms without your consent. All provisions contained in these Terms shall extend to and be binding upon you and Ascendio’s successors and assigns. You may not assign these Terms or any of your rights and/or obligations under these Terms to another person or entity.
Please refer to our Privacy Policy for information on how we collect, use, store and disclose your personal data.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Enforcement of these Terms is solely in our discretion and our failure to enforce any of the provisions in some instances does not constitute a waiver of our right to enforce such provisions in other instances.
The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.
These Terms will be governed by and construed in accordance with the laws of Romania. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Romania, and the parties irrevocably consent to the personal jurisdiction and venue there.
By accepting these Terms, you expressly consent and agree to the provisions regarding limitations of liability, choice of law and jurisdiction, unilateral termination and suspension of performance.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at: imfineapp@gmail.com.
When submitting a complaint, please provide a brief description of nature of your complaint and the specific services to which your complaint relates.