TERMS AND CONDITIONS OF USE
Last updated: 16 May 2025

1. Introduction and Legal Terms
2. User Eligibility and Types
2.1. Minimum Age and Eligibility
2.2. Individual (B2C) Users
2.3. Organizational (B2B) Users
2.4. Mental Health Professionals and Coaches
3. Our Services
3.1. What Our Platform Offers
3.2. Service Disclaimer
4. Registering an Account
4.1. Creating a Profile
4.2. Social Login
4.3. Accurate Information
4.4. Warranty for Account Information
4.5. Unlawful Access
5. Payment Terms
5.1. Freemium Package
5.2. Subscriptions
5.3. Subscription Fees
5.4. Organizational Use
5.5. Limitation of Use
5.6. Refunds and Returns
6. Rewards Program
6.1. Reward Participation
6.2. Prohibited Conduct in Rewards
7. Responsibilities and Warranties (Acceptable Use)
7.1. User Warranties and Acceptable Use
7.2. Connected Devices
7.3. Access to Platform in Breach
8. Messages and Advertising
8.1. Data Messages (Electronic Communications)
8.2. Hyperlinks, Deep Links, and Framing
9. Intellectual Property
9.1. Ownership of Platform Content and IP
9.2. Contributions by Contractors or Third Parties
9.3. User-Submitted Content and Data
9.4. Restrictions and Enforcement
9.5. Third-Party Content and Licenses
9.6. Limited User Licence
9.7. Reservation of Rights
10. Indemnities, Disclaimers, and Warranties
10.1. Disclaimers
10.2. Indemnities
11. Dispute Resolution
11.1. Negotiation
11.2. Mediation
11.3. Arbitration
11.4. Jurisdiction and Other Remedies
11.5. No Publicity of Disputes
12. Termination of Use
13. Notices and Service of Legal Documents
14. Company Information
15. Affiliate Program
16. General
16.1. Relationship Between the Parties
16.2. Force Majeure
16.3. Changes to Terms
16.4. Entire Agreement
16.5. No Waiver
16.6. Interpretation – Importation of Words
16.7. Headings
16.8. Governing Law
16.9. Failure to Pay and Collection
16.10. Severability
16.11. Prohibited Provisions
17. Jurisdiction-Specific Terms
17.1. South Africa
17.2. United States
17.3. United Kingdom
17.4. Canada
17.5. Australia
17.6. New Zealand

1. Introduction and Legal Terms

1.1. By accessing or using Psyche: Mental Health app or the website https://www.psycheinnovations.com or any related platform or application (collectively, “the Platform”), or by using any of our services, you agree that you have read, understood, and agree to be bound by these terms and conditions (“Terms”). All rights in and to the content of the Platform are expressly reserved by Psyche Innovations.

1.2. These Terms explain the conditions applicable to your use of the Platform. Please read these Terms carefully before using the Platform. We will assume that you have read and understood these Terms if you continue to access or make use of our Platform. By creating an account, clicking ‘Accept’, or continuing to use the Platform, you agree to be bound by these Terms.

1.3. Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit our risk or liability, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify us, or contain acknowledgements of facts by you.

1.4. The terms “user”, “you”, and “your” are used interchangeably in these Terms and refer to anyone using the Platform for any reason whatsoever (including parents/guardians accessing the Platform on behalf of their child or ward). Accordingly, the terms “Psyche Innovations”, “we”, “us”, or “our” refer to Psyche Innovations (Pty) Ltd.

1.5. Your use of the Platform is also subject to our Privacy Policy, which is hereby incorporated by reference. The Privacy Policy describes how we collect, use, and protect your personal information. By using the Platform, you acknowledge that you have read our updated Privacy Policy.

2. User Eligibility and Types

2.1. Minimum Age and Eligibility: You must be at least 13 years old to use the Platform. The Platform is not intended for children under 13, and we do not knowingly permit users under 13 to register or use the Platform. If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you may only use the Platform with the involvement and consent of your parent or legal guardian. By using the Platform, you confirm that you (or your parent/guardian, if applicable) have consented to your use and that your parent/guardian agrees to be bound by these Terms. Parents and guardians who permit a minor to use the Platform assume responsibility for the minor’s use, including all financial charges and legal liability that the minor may incur.

2.2. Individual (B2C) Users: If you are using the Platform as an individual consumer (paying for the services yourself), you are considered a personal end user. As an individual user, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to use the Platform for your personal wellness and educational purposes only, and not to share your account with others. All fees and charges applicable to your use (such as subscription fees for premium features) are your personal responsibility.

2.3. Organizational (B2B) Users: If you are accessing the Platform through an organization (for example, your school, employer, or a program sponsor) that provides you access, that organization is responsible for managing your access to the Platform. The organization may have a separate agreement with Psyche Innovations to govern enterprise or group use of the Platform. If you are an organizational user, you are still individually bound by these Terms. The organization’s administrators may be able to access certain information about your use of the Platform (as permitted by our Privacy Policy and by any agreement with the organization). If an organization (such as an employer, school, or other group) pays for or arranges your access to the Platform, Psyche Innovations is not responsible for any acts or omissions of that organization. Your access may be suspended or terminated if the organization’s agreement with us ends or if the organization instructs us to deactivate your account. If you are an organization providing access to the Platform for your members, employees, or students, you represent and warrant that you have the authority to do so, and you must ensure that all such end users are made aware of and agree to these Terms. In particular, if you provide access to the Platform to any minor users, you are responsible for obtaining any necessary parental consent as required by clause 2.1 above.

2.4. Mental Health Professionals and Coaches: If you are a mental health professional, coach, or practitioner using the Platform with your clients or patients, you are responsible for ensuring that the Platform is used in a manner consistent with your professional obligations. You must obtain your client’s (or their guardian’s) informed consent before involving them in the Platform or viewing their information on the Platform. You acknowledge that the Platform and its tools (including the AI Journal and any assessments) are supplemental wellness and educational resources and are not a substitute for professional judgment, diagnosis, or therapy. You remain solely responsible for your client’s care and for any interpretations or advice you provide to your client, whether or not you use information from the Platform in doing so. Psyche Innovations does not assume any practitioner-patient or practitioner-client obligations; any relationship or contract for care exists exclusively between you and your client. We do not supervise the services you provide or assume liability for any consequences of your work with your client. If you are a professional user, you further warrant that you will use and disclose client information via the Platform only in accordance with applicable privacy laws and with the consent of the client (or their guardian). Where the Platform includes functionality for client–practitioner dashboards, you may only access data for users who have explicitly linked to your practitioner profile and consented to such access through the Platform’s consent mechanisms.

3. Our Services

3.1. What Our Platform Offers
3.1.1. Our Platform, Psyche: Mental Health, is a hybrid application (mobile app and web application) built to empower you to improve your mental health and wellness. The Platform helps you holistically measure aspects of your mental health and wellness. We use a mental health scale to track your well-being by asking you certain questions, which assists us in mapping your mental health status and tracking your progress over time within the Platform.

3.1.2. Our Platform offers personalised learning through evidence-informed tools and skills aimed at improving mental fitness. Completing psychological exercises and mental skill activities starts you on a journey toward improved mental health and optimal functioning. Although our mental skill activities are developed by psychology researchers, the results of any activity are suggestive and no result is 100% accurate. These activities are provided for informational purposes only and cannot diagnose or treat any medical conditions.

3.1.3. The Platform also provides a resource library on important topics related to mental health, including mental health literacy, issues important to young people, anxiety, depression, and stress. These resources offer suggestions on actions you could take to address such topics in your life.

3.1.4. The Platform includes an AI Journal feature, which is an interactive, computer-assisted journaling tool. This AI Journal allows you to input personal reflections and uses skills-based screening and natural language processing to provide automated feedback, insights, or prompts. The AI Journal is designed for educational and self-improvement purposes to enhance your wellness; it is not a diagnostic tool or a substitute for professional therapy or counseling. The AI Journal’s feedback is based on programmed algorithms and should be interpreted as general guidance only. We may use data from users’ journaling activities in an anonymised, aggregated form to help improve the AI Journal feature and our services (see our Privacy Policy for details), but individual journal entries remain private to you unless you choose to share them.

3.1.5. In addition to the core Platform features, Psyche Innovations may offer additional services such as training workshops, Continuing Professional Development (CPD) courses for practitioners, and TouchPoint sessions that provide supplemental support. These workshops, courses, and sessions may be offered online or in-person, and TouchPoint sessions (which may involve live or virtual coaching or check-ins) can be purchased separately or bundled with certain subscription plans. Such additional services will be clearly described on the Platform or our website when available, including any separate fees. Unless expressly stated, these additional services are not included in a standard Platform subscription and must be purchased separately. They may also be subject to additional terms or agreements provided at the time of purchase or registration.

3.2. Service Disclaimer
3.2.1. You understand and agree that our Platform is not equipped to provide, nor do we purport to provide, professional medical advice, diagnosis, or treatment. The information and tools available on our Platform are not intended or implied to be a substitute for professional medical advice, diagnosis, and/or treatment, and should not be treated as such. All content and information provided through the Platform (including any output from the AI Journal feature) is strictly for general information and personal development purposes only. Psyche Innovations does not warrant the accuracy, safety, or appropriateness of any AI-generated outputs and disclaims all liability for decisions made based on such outputs.

3.2.2. If you require a professional diagnosis or have serious concerns about your mental health, you should consult a suitably qualified medical professional. You should never disregard professional medical advice or delay seeking medical advice or treatment because of information you have read or accessed through this Platform. Use of our Platform and Services does not establish a doctor-patient relationship between you and Psyche Innovations. All content and recommendations made available through the Platform should be discussed with and confirmed by your physician, psychiatrist, psychologist, or other qualified healthcare provider before you implement any mental health or wellness program, exercise, or other treatment in your life.

3.2.3. You acknowledge and agree that we cannot be held liable for any loss or damage suffered by you as a result of your acting on the outcome of, or reliance on, any activity, tool, resource, journaling feature, or assessment you undertake or utilise on our Platform.

4. Registering an Account

4.1. Creating a Profile: To use the Platform, you will need to create a user profile (account) with us. Only individuals who are 13 years or older are permitted to create an account. When creating your profile, we will ask you to provide certain information such as a username, a valid email address, your age and gender (these demographic details are used for statistical and research purposes only), a billing address (if you subscribe to paid services), and a password to protect your profile. If you are under the age of 18, your parent or legal guardian must assist you in creating the profile. Parents and guardians who create or manage an account for a minor agree that they are responsible for all actions taken by that minor on the Platform, including any payments, use of content, and compliance with these Terms.

4.2. Social Login: You may also register and log into the Platform using certain social media or third-party accounts. For example, the Platform may allow you to create a profile or sign in using your Google, Facebook, Instagram, or X (Twitter) account credentials. If you choose to register through a social media or third-party account, we may access information that your privacy settings on that account permit us to receive (as explained in our Privacy Policy). Please note that Psyche Innovations is not affiliated with any such third-party platforms, and our Platform is neither endorsed nor sponsored by those third parties. If you use a social media account to sign into our Platform, you remain subject to the terms and conditions of that third-party platform, and you are responsible for complying with those third-party terms in addition to our Terms.

4.3. Accurate Information: When signing up for our Platform, you agree to provide accurate, current, and complete registration information, and to update this information promptly if it changes. We take reasonable steps to verify your identity when you access your account (such as requiring your email and password, and possibly additional verification measures) to protect your privacy and security. You are responsible for maintaining the accuracy of the information in your account. You can update your information through your account settings or by contacting us for assistance.

4.4. Warranty for Account Information: By sharing your personal information with us during account registration and use, you warrant that the information you provide is yours (or that you are authorised to provide it) and is truthful and correct to the best of your knowledge. If you are under 18 years of age, you warrant that you have the consent and supervision of your parent or guardian to create the account and use the Platform. You are responsible for all information submitted and all activities that occur under your account. Please review our Privacy Policy to understand how we collect and use the personal information you provide.

4.5. Unlawful Access: You must promptly notify us if you have reason to believe that your profile is no longer secure or has been compromised. For example, if you become aware of any loss, theft, or unauthorised disclosure or use of your username, password, or any stored payment information, you should inform us immediately. Failure to promptly notify us may result in your liability for unauthorised charges or activities under your account.

5. Payment Terms

5.1. Freemium Package: Certain basic features of our Platform are available for you to use for free. We offer a “freemium” model that provides access to foundational features at no cost, with the option to upgrade to a paid subscription for full access. This free package allows you to experience core aspects of the Platform without charge, while giving you the flexibility to subscribe to our full service offerings at any time.

5.2. Subscriptions: To unlock and use all available services and features of our Platform, you must purchase a subscription (e.g., a monthly or annual plan). Subscription plans grant you access to premium content, tools, and services for the duration of the subscription period. All subscription plans will commence on the date you first subscribe, and they will automatically renew (and be billed) on the same day of each subsequent month or year (depending on the plan) until cancelled. You can cancel your subscription at any time before the next billing date. If you cancel, you will continue to have access to your subscription features until the end of the current paid period, after which the subscription will not renew and your premium access will end.

5.3. Subscription Fees: Our subscription fees are published on the Platform (for example, on our pricing page) and are subject to change from time to time at our reasonable discretion. If we change the subscription fee for a plan to which you are subscribed, we will provide you with at least 30 days’ prior notice of the new fee taking effect. Fee changes will only apply at the start of the next subscription period following the notice period. If you do not agree to a fee change, you may cancel your subscription before the new fee takes effect. Continued use of the subscription after the effective date of a fee change will constitute your agreement to pay the new fee.

5.4. Organizational Use: If you are interested in using our Platform within an organisation (such as a company, non-profit, school, practice, or university) by providing access to multiple end users, please contact us at daniel@psycheinnovations.com to discuss enterprise access options. We offer eligible Non-Profit Organisations (“NPOs”) and government agencies the opportunity to integrate our Platform within their organisation at reduced or no cost in exchange for sponsorship or other arrangements. If you represent an NPO or government agency and are interested in using our Platform for your members or beneficiaries, please reach out to us to discuss potential partnerships. Any such organisational use may be subject to a separate agreement outlining the terms of access, data use, and sponsorship details.

5.5. Limitation of Use: Your right to use our Platform (including any subscription services) is subject to certain limits that we or your payment provider may impose. For instance, we reserve the right to suspend or terminate your access if your provided payment method is declined, if charges are reversed (e.g., due to a chargeback), or if we are unable to process payment for any reason. If a subscription fee or other charge cannot be billed to your provided payment card or account, we may, in our sole discretion, downgrade your account to a free tier, suspend your account, or terminate your access to the Platform’s paid features. You are responsible for ensuring that your payment information is current and valid to avoid any interruption in service.

5.6. Refunds and Returns: Unless otherwise required by applicable law, all fees paid to Psyche Innovations for subscription services or other paid offerings are non-refundable. Once a subscription period has begun (or once a one-time service such as a workshop or session has been delivered or made available to you), you will not be entitled to a refund for that period or service. We reserve the right to consider refund requests on a case-by-case basis in exceptional circumstances, but we are not obligated to provide any refunds or credits for partial use, unused features, or the remaining term of a subscription after cancellation. This refund policy does not affect any rights you may have under law (see Section 17 for certain jurisdiction-specific rights).

6. Rewards Program

6.1. Reward Participation: From time to time, we may offer a rewards or loyalty program for users who engage in certain activities on the Platform. For example, you might earn points, badges, discounts, or other rewards for completing specific tasks, achieving streaks, providing feedback, or otherwise participating in our Services as detailed on the Platform. Such a program, if offered, is meant to encourage constructive engagement with the Platform and to recognize your progress or contributions. This section applies only if and when a Rewards Program is made available. Its inclusion does not constitute a current offer.

6.2. Prohibited Conduct in Rewards: If a rewards program is offered, it is meant for genuine users of a single account. You may use only your own registered account to participate in any rewards program. Under no circumstances may you attempt to establish multiple accounts (for yourself or under false identities) to game or cheat the rewards system. You also may not use any bots, scripts, automated systems, or other methods to simulate activity or otherwise fraudulently obtain rewards. All rewards earned are subject to verification and are only redeemable according to the program rules (for example, a reward may only be redeemed once per eligible user). We reserve the right to withhold, deny, or cancel any reward and/or to suspend or terminate your account if we, in our sole discretion, determine that you have engaged in fraudulent, abusive, unethical, or otherwise suspicious conduct in relation to the rewards program or have violated these Terms or any applicable law or regulation. For the avoidance of doubt, any attempt to falsify participation (such as “faking” the completion of activities or assessments on our Platform to earn rewards) will result in immediate disqualification from the rewards program and may result in your profile being suspended or terminated without notice. Our decisions regarding rewards program compliance and entitlement are final and not subject to dispute.

7. Responsibilities and Warranties (Acceptable Use)

7.1. By using the Platform and/or the Services, you warrant and agree that:

You will comply with these Terms. You have read, understood, and agreed to these Terms, and you will use the Platform and Services in accordance with them.
All registration information you provided is truthful and accurate. You have not made any misrepresentations, and all information provided by you during the registration process (including information about you, your company, and/or your status) is true, accurate, and complete in every respect.
You meet the age requirements. You are above the age of 18 (eighteen) years, and you have the legal capacity to enter into and be bound by these Terms. If you are between 13 and 18 years old, you warrant that you have the express consent and ongoing supervision of your parent or legal guardian to use the Platform, and that your parent/guardian has agreed to these Terms and assumes responsibility for your use of the Platform. (Children under 13 are not permitted to use the Platform.)
You have rights to the information you provide. You lawfully possess all information and content that you submit to Psyche Innovations through the Platform and Services, and you grant us the right to process and use that information as needed to provide the Services (in accordance with our Privacy Policy). If you provide any personal information about third parties (for example, if you are an organisation adding users or a professional adding client data), you warrant that you have obtained all necessary consents or rights to share that information with us.
Organisation warranty (if applicable): If you are using our Services as or on behalf of an organisation (such as an employer, school, or healthcare provider), you warrant that you have the authority and any necessary consents to share personal information with us for the purposes of the Platform. You agree to indemnify Psyche Innovations against any third-party claims that may arise from the sharing of personal information without proper authority or consent.
No abusive or unlawful content: You will not post, upload, transmit, or otherwise distribute through the Platform any content that is unlawful, defamatory, harassing, abusive, threatening, harmful, obscene, invasive of someone’s privacy, racist, sexist, discriminatory, or otherwise objectionable or which could reasonably be expected to cause harm to any other user or any third party. You also agree not to engage in any behavior that restricts or inhibits any other user from properly using the Platform.
No spamming or technical interference: You will not send any unsolicited or unauthorised advertising, solicitations, or electronic messages through or to users of the Platform (no “spam”). You will not introduce any software, automated scripts, routines, robots, or devices that interfere (or attempt to interfere) with the operation or security of the Platform. This includes not uploading or making available files containing viruses, corrupted data, malware, or any other code intended to damage or hijack the operation of any hardware, software, or telecommunications equipment. You also agree not to alter or interfere with the “look and feel” of the Platform or the underlying software code.
No impersonation or false identity: You will not impersonate any person or entity, or falsely state or misrepresent your identity or your affiliation with any person or entity, when using the Platform. This means you will not create accounts under someone else’s name or create false identities with the intent to deceive others.
Respect intellectual property: You will not upload, post, or transmit any content on the Platform that infringes the intellectual property rights or other rights of any third party. You agree not to use the Platform to distribute or store any content that you do not own or that you do not have the legal right to publish or share.
Personal use only (no unauthorised commercial use): You will not use the Platform for any commercial purpose that is not expressly permitted by Psyche Innovations. The Platform is for your personal use (or internal use within your organisation or professional practice, as applicable). You will not, for example, sell, resell, or commercially exploit access to the Platform or content from the Platform, except as authorised in writing by us.
No illegal activities: You will not use the Platform to violate any applicable law or regulation, and you will not solicit or encourage others to engage in illegal activities. This includes, without limitation, not using the Platform to promote or facilitate money laundering, human trafficking, unlawful gambling, harassment, hate crimes, or any other unlawful acts.
No assisting others to violate rules: You will not facilitate or assist any third party in doing any of the above prohibited activities. You acknowledge that any violation of the above obligations will constitute a material breach of these Terms. If you breach these Terms (or assist someone else in doing so), Psyche Innovations reserves the right to enforce all remedies available to us, which may include without limitation suspending or terminating your access to the Platform or Services, reporting your conduct to appropriate authorities, seeking an injunction or specific performance, and/or pursuing any other legal action against you.

7.2. Connected Devices: The availability and quality of the Platform’s services may depend on the device and internet connection you use. It is your responsibility to obtain and maintain compatible devices (e.g., a smartphone, tablet, or computer with up-to-date software) and a reliable internet connection to access the Platform. Psyche Innovations makes no guarantee that the Platform will function on any particular hardware or device. From time to time, we may update the Platform’s software which could affect device compatibility; it is your responsibility to install required updates and to ensure your device meets the minimum requirements. We will not be responsible for any inability to access or use the Platform due to your equipment or internet service. You acknowledge that the Platform may use essential cookies or similar technologies to ensure basic functionality and security. Continued use of the Platform constitutes consent to such use.

7.3. Access to Platform in Breach: Without prejudice to any of our other rights (whether under these Terms or at law), we reserve the right to deny you access to the Platform (in whole or in part) if we have reason to believe, in our reasonable discretion, that you are in breach of any of these Terms. This means that if we suspect you have violated our Terms – for example, by engaging in misconduct described in the Acceptable Use rules above – we may immediately suspend or terminate your access while the breach is investigated or thereafter. Our decision to exercise or not exercise this right in any instance does not waive our right to enforce these Terms in other instances of breach.

8. Messages and Advertising

8.1. Data Messages (Electronic Communications)
8.1.1. If you send data messages (for example, emails or in-app messages) to us, such messages will be considered received only when we have actually acknowledged receipt or have responded to the message. An automated reply (such as a support ticket confirmation) does not constitute an acknowledgment of receipt. If your communication requires urgent attention, please ensure you use the appropriate channels as provided by the Platform or our contact information.

8.1.2. Data messages that we send to you (including messages or notifications sent via email, SMS, or through the Platform) will be regarded as received by you once the message enters the communication system provided by your email service provider, mobile telephone provider, or the Platform (for example, when it arrives in your email inbox or is posted to your account’s message center), and is capable of being retrieved and processed by you. It is your responsibility to keep your contact information (such as your email address and phone number) up to date so that you can receive our messages.

8.1.3. We reserve the right not to respond to any communication that contains content which is obscene, threatening, defamatory, or otherwise illegal or inappropriate. We also reserve the right to take appropriate action, including reporting to authorities or taking legal action, if you send us communications that we deem to be abusive, fraudulent, or in violation of any law.

8.1.4. Communications via the internet (including emails) are inherently not secure. Messages can be intercepted, altered, lost, or corrupted without the sender or recipient’s knowledge. We cannot guarantee the security or integrity of communications sent electronically. You accept that any message you send to us via the internet or email may be vulnerable to unauthorized access. Accordingly, to the maximum extent permitted by law, we will not be liable for any loss or damage you may suffer as a result of the transmission of information over the internet to or from us.

8.2. Hyperlinks, Deep Links, and Framing
8.2.1. The Platform may include links or references to other websites, services, or resources (collectively, “other sites”) for your convenience. These links may be in the form of hyperlinks, embedded content, or references to third-party applications. Psyche Innovations does not own or control these other sites, and we are not responsible for the information, content, products, services, or practices of any third-party websites or applications accessible through such links. The inclusion of any link on our Platform does not imply our endorsement of the linked site, its content, or any association with its operators.

8.2.2. We do not claim ownership of content that belongs to third parties which may be accessible on the Platform via linking or framing. If you are the owner of content that is displayed on the Platform via a third-party link or frame and you wish to have that content removed, please contact us with details, and we will respond appropriately.

8.2.3. Your use of any other sites (including any information, material, products, or services they offer) is entirely at your own risk and subject to the terms and conditions of use and privacy policies applicable to those sites. Once you leave our Platform (for example, by clicking an external link), you should review the applicable terms and policies of the third-party site. Psyche Innovations is not liable for any loss or damage that may arise from your use of third-party sites or resources.

9. Intellectual Property

9.1. Ownership of Platform Content and IP

All content and materials on or accessible via the Platform—including the website, mobile and web applications, software code (frontend and backend), databases, algorithms, designs, layout, text, graphics, logos, icons, images, video/audio, and documentation (collectively, “Platform Content”)—are the exclusive property of Psyche Innovations (Pty) Ltd or its licensors. These are protected by applicable South African and international intellectual property, copyright, and trade secret laws.

All trademarks, service marks, trade names, logos, domain names, and other brand identifiers used on the Platform are proprietary to Psyche Innovations or licensed to us by third parties. You acquire no ownership rights by using the Platform or any of its content.

9.2. Contributions by Contractors or Third Parties

Unless otherwise agreed in writing, any intellectual property—including but not limited to source code, interface designs, documentation, visuals, media, or learning content—developed for or provided to Psyche Innovations by third-party contractors, freelancers, or collaborators shall be considered “work made for hire.” Where such designation is not legally enforceable, those contributors hereby irrevocably assign all rights, title, and interest in such content or works to Psyche Innovations. Contributors waive any moral rights to the extent permitted by law.

9.3. User-Submitted Content and Data

You retain ownership of content and materials you submit to the Platform (such as journal entries or custom inputs). By submitting such content, you grant Psyche Innovations a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, store, distribute, process, adapt, and display such content for the purpose of providing and improving our Services, as described in our Privacy Policy. This license does not give us the right to commercialise your personal content beyond providing the Services.

We may also use anonymised, aggregated data derived from user submissions for research, product development, or insights, provided no individual user is identifiable from such data.

9.4. Restrictions and Enforcement

You may not copy, modify, reproduce, distribute, publish, reverse engineer, decompile, disassemble, or create derivative works based on any part of the Platform Content, nor may you use it to train AI systems, data models, or similar technologies, without our prior written consent.

Any unauthorised use of the Platform Content constitutes a material breach of these Terms and may result in legal action, including injunctive relief, financial damages, or account termination.

9.5. Third-Party Content and Licenses

The Platform may contain content, software libraries, or tools licensed from third parties, which remain subject to the intellectual property rights of those third parties. Your use of such content may be subject to additional license terms, which you agree to comply with.

9.6. Limited User Licence

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, revocable, limited licence to access and use the Platform and its content solely for your own lawful, non-commercial use (or internal professional use if you are a verified practitioner). No licence is granted to use our trademarks, trade dress, or branding without express written consent.

9.7. Reservation of Rights

All rights not expressly granted to you under these Terms are reserved by Psyche Innovations and its licensors.

10. Indemnities, Disclaimers, and Warranties

10.1. Disclaimers
10.1.1. The Platform and all Services are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, whether express or implied, about the Platform or the Services, except as explicitly set forth in these Terms. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. (See also the service-specific disclaimers in clause 3.2 above.)

10.1.2. Any content, information, or opinions that users (including other end users or professionals) post or express on the Platform are solely those of the individual authors and not of Psyche Innovations. While we may moderate content and make reasonable efforts to present information accurately and reliably, we do not endorse, approve, or certify the information posted by third parties on the Platform, nor do we guarantee its accuracy or completeness.

10.1.3. Psyche Innovations, its shareholders, directors, employees, partners, and affiliates accept no liability whatsoever for any loss or damage of any kind (whether direct, indirect, incidental, consequential, or special) arising from or in connection with your reliance on any information, tool, or Service provided through the Platform, or any transactions or actions you take based on information or Services offered via the Platform.

10.1.4. Psyche Innovations, its shareholders, directors, employees, partners, and affiliates shall not be liable for any injury, or any damages whatsoever (including without limitation direct, indirect, economic, consequential, loss of profits, business interruption, loss of data, or punitive damages) that result from the use of, or inability to use, the Platform or any Services, even if we have been advised of the possibility of such damages. This limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of data, unauthorized access, alteration of data, or use of record, whether for breach of contract, tort, negligence, or any other cause of action.

10.1.5. We employ reasonable technical and organisational measures to secure the Platform and protect against unauthorized access, viruses, and other harmful components. However, we do not warrant or guarantee that your access to the Platform will be uninterrupted, timely, secure, or error-free, or that the Platform will be free from viruses, malware, or other harmful components. You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the Platform. It is your responsibility to implement appropriate IT security safeguards (such as using up-to-date antivirus software and maintaining backups of your data).

10.2. Indemnities
10.2.1. You agree to indemnify, defend, and hold harmless Psyche Innovations, its shareholders, directors, employees, agents, and partners from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or in connection with: (a) your use of the Platform or Services; (b) any content you submit, post, or transmit through the Platform; (c) your violation of these Terms or any law or regulation; or (d) your infringement of any rights of another person or entity (including intellectual property rights or privacy rights). This means that if a third party makes a claim against Psyche Innovations related to your actions (for example, alleging that content you posted infringes their copyright, or that your use of the Platform violated someone’s rights or harmed them), you will cover all of Psyche Innovations’ costs and damages arising from that claim, including legal fees.

10.2.2. You further agree to indemnify and hold harmless Psyche Innovations, its shareholders, employees, and partners from any direct or indirect liability, loss, damage, cost, or expense (including reasonable legal fees) resulting from your breach of any of these Terms. If you violate these Terms and that causes us to be sued or to incur expenses, you agree that you will reimburse us for those costs.

10.3. The indemnity obligations and warranty disclaimers in this clause will survive termination or expiration of these Terms. Your responsibilities under this section remain in effect even after you stop using the Platform or terminate your account.

11. Dispute Resolution

11.1. Negotiation: If any dispute, disagreement, or claim arises between you and Psyche Innovations in connection with your use of the Platform or the Services, the parties agree to first attempt to resolve the dispute informally by discussing it in good faith. You should contact us and provide a brief written description of the issue and your contact information. Both you and Psyche Innovations shall attempt to resolve the dispute through dialogue and negotiation, keeping in mind the mutual interest in maintaining a positive relationship and finding an amicable solution.

11.2. Mediation: If we are unable to resolve the dispute through direct negotiation within a reasonable time (for example, 30 days from when the issue was first raised, unless extended by mutual agreement), the parties agree to consider in good faith resolving the dispute through mediation. This would involve a neutral third-party mediator. The mediator will be an independent person chosen by agreement of the parties. Both parties will participate in the mediation in an attempt to resolve the dispute amicably. Each party will share the costs of mediation equally, unless otherwise agreed.

11.3. Arbitration: If the dispute is not resolved through negotiation or mediation, then, except as provided otherwise in Section 11.4 below, the dispute shall be submitted to binding and confidential arbitration. The arbitration will be conducted in South Africa, in accordance with the expedited arbitration rules of the Arbitration Foundation of Southern Africa (“AFSA”), or a similar arbitration body chosen by Psyche Innovations. The arbitration will be conducted in English. One arbitrator will be appointed by Psyche Innovations (with due regard to the nature of the dispute and appropriate qualifications of the arbitrator). The arbitrator’s award will be final and binding on both parties, and judgment on the award may be entered and enforced in any court of competent jurisdiction. Each party shall bear its own costs of arbitration, except as may be awarded by the arbitrator. Nothing in this clause shall override any mandatory rights under applicable consumer laws that prohibit mandatory arbitration for certain disputes.

11.4. Jurisdiction and Other Remedies: Notwithstanding the above arbitration agreement, both you and Psyche Innovations have the right to seek interim relief or provisional remedies in a court of competent jurisdiction if necessary to protect our rights or assets (for example, an interdict/injunction for misuse of intellectual property or confidential information). Furthermore, you and Psyche Innovations consent to the jurisdiction of the courts of the Republic of South Africa for purposes of an order confirming any arbitration award or handling any dispute that is not subject to arbitration for any lawful reason. Either party may also, in its discretion, approach any applicable statutory tribunal or ombud with jurisdiction, if so provided by any relevant law (for instance, certain consumer protection or data protection disputes may be brought before a regulator or tribunal).

11.5. No Publicity of Disputes: You agree that you will not publicise any dispute or legal proceeding between you and Psyche Innovations on any social media, online forum, or other public platform, except as necessary in communications with advisers or authorities. Psyche Innovations equally agrees to this provision. Both parties acknowledge that publicising disputes can unfairly damage the other party’s reputation. If either party breaches this confidentiality obligation, the breach may cause irreparable harm and the non-breaching party may pursue legal remedies (including potentially a claim for damages caused by the publicity).

12. Termination of Use

12.1. IN ADDITION TO OUR OTHER RIGHTS UNDER THESE TERMS, WE RESERVE THE RIGHT TO RESTRICT, SUSPEND, OR TERMINATE YOUR USE OF OUR PLATFORM (INCLUDING DEACTIVATING OR DELETING YOUR ACCOUNT) IF YOU BREACH ANY OF THESE TERMS, OR for any other reason in our sole discretion, provided that we give you reasonable notice of such restriction or termination. This means that if you violate these Terms or engage in behavior that we determine, in our discretion, to be harmful to the Platform or other users, we may take action to limit or end your access. In certain serious cases (for example, threatening or illegal behavior), we may suspend or terminate your access immediately and provide notice afterwards. Any such action is in addition to any other rights or remedies we may have in law or equity. We may also terminate your account due to prolonged inactivity (typically 12 months or more), provided we attempt to give reasonable notice to your registered email address.

12.2. If you wish to terminate your agreement with us, you may do so at any time by canceling any paid subscriptions (through your account settings or by contacting support) and discontinuing all use of the Platform. Termination by you will not entitle you to any refund of prepaid fees (see Section 5.6) except as required by law. Once your account is terminated (by you or by us), you will lose access to any data or content in your account, so you should ensure you have saved or backed up any information you wish to keep prior to terminating. Termination of your account or access will not affect any rights or obligations that have accrued prior to the termination. In other words, any liability you incurred or indemnification you owed to us before termination will still be enforceable against you, and any legal rights and remedies we had at the time of termination will survive.

13. Notices and Service of Legal Documents

13.1. Each party chooses the following as its address for receiving any formal notices or legal communications related to these Terms (also known as a domicilium citandi et executandi in some jurisdictions):

13.1.1. For Psyche Innovations: Email address – info@psycheinnovations.com. (This is the primary method of notice. Alternatively, notices may be sent to our registered physical address provided in Section 14.8 below.)

13.1.2. For the User: The email address, cellphone number, and/or physical address that you provided to us when registering your account (or any updated address you may have provided by updating your account information or by written notice to us).

13.2. Either party may change its designated notice address to another address (which cannot be a post office box or a poste restante) by giving the other party written notice of the new address. The change in address will become effective 14 (fourteen) days after the notice of the change is deemed to have been received by the other party in accordance with this Section.

13.3. Notwithstanding the above requirements, if a party actually receives a written notice or legal document (for example, by email or physical delivery) in English, and it can be verified that the notice was sent by the other party, then such notice will be deemed to have been properly given and received, even if the notice was not delivered to the designated address or not given in the precise manner specified above.

14. Company Information

For users in South Africa and as required by South African law (the Electronic Communications and Transactions Act), we provide the following information about Psyche Innovations (Pty) Ltd:

14.1. Site Owner: Psyche Innovations (Pty) Ltd.

14.2. Legal Status: Private Company.

14.3. Registration Number: 2023/812502/07.

14.4. Director(s): Daniel Page.

14.5. Description of Services: Mental Health and Wellness services delivered via a software platform (mobile and web application), including self-assessments, educational content, and related coaching or training services.

14.6. Platform Address (URL): https://www.psycheinnovations.com.

14.7. Contact Email: info@psycheinnovations.com.

14.8. Registered Physical Address: 147 Dorp Street, Apartment 5, Stellenbosch, Western Cape, 7600, South Africa.

14.9. Postal Address: Same as the physical address above.

15. Affiliate Program

15.1. Psyche Innovations may offer an affiliate or referral program (“Affiliate Program”) to allow individuals or entities to promote our Platform and Services to new users in exchange for compensation or rewards (such as referral commissions or bonuses). Participation in any Affiliate Program is entirely optional.

15.2. If you choose to participate in our Affiliate Program, you will be required to accept and abide by a separate set of terms and conditions specific to affiliates (“Affiliate Terms”). These Affiliate Terms will provide details on commission structures, payout schedules, branding guidelines, permitted marketing practices, and other rules governing the affiliate relationship. In the event of any conflict between the Affiliate Terms and these Terms, the Affiliate Terms will govern with respect to your affiliate activities.

15.3. We mention the existence of the Affiliate Program here for informational purposes, but note that the Affiliate Program is operated under its own terms. Your participation as an affiliate does not modify or waive any of your obligations under these general Platform Terms when you use the Platform as a user. Likewise, these Terms do not govern the specifics of the affiliate relationship. If you are interested in our Affiliate Program or have questions about it, please contact us or refer to the Affiliate Program materials provided on our website.

16. General

16.1. Relationship Between the Parties: Your agreement to these Terms and use of the Platform do not create any partnership, joint venture, employment, or agency relationship between you and Psyche Innovations. You are an independent user of the Platform, and nothing in these Terms shall be interpreted as making you an agent or representative of Psyche Innovations or giving you any authority to act on our behalf. Neither party will have the right to incur any obligations on behalf of the other, except as explicitly provided otherwise in these Terms.

16.2. Force Majeure: Neither you nor Psyche Innovations will be liable for any failure to perform any obligation under these Terms (except any payment obligations) if the failure is caused by an event beyond that party’s reasonable control. This includes, but is not limited to, acts of God, fire, flood, earthquakes, epidemics or pandemics, war, terrorism, civil unrest or riots, strikes or labour disputes, governmental actions, electrical power outages or load-shedding, cyber attacks that are not due to a party’s failure to secure its systems, or any other similar events (“force majeure events”). The obligations of the affected party will be suspended to the extent and for the duration that the performance is prevented or delayed by the force majeure event. The party affected by a force majeure event shall use reasonable efforts to mitigate the impact of the event and to resume full performance as soon as is practicable. If the force majeure event continues for an extended period (for example, more than 60 days), either party may have the right to terminate those Services which are materially affected by providing written notice to the other party.

16.3. Changes to Terms: The Platform and these Terms are subject to change. Psyche Innovations reserves the right to update or amend these Terms from time to time. When we do so, we will post the revised Terms on the Platform and update the “Last updated” date at the top. Changes will become effective once the updated Terms are posted. It is your responsibility to review these Terms periodically to ensure you are aware of any changes. By continuing to access or use the Platform after changes to the Terms are posted, you will be deemed to have accepted the amended Terms.

16.4. Entire Agreement: These Terms (along with any additional policies or terms referenced herein or provided at the time of use, such as the Privacy Policy and any applicable Affiliate Program Terms or other supplemental agreements) constitute the entire agreement between you and Psyche Innovations with respect to your access to and use of the Platform and Services. This means that all prior or contemporaneous agreements, discussions, representations, or understandings (whether written or oral) are merged into and superseded by the final text of these Terms. No change, amendment, or waiver of any provision of these Terms will be effective unless it is in writing and signed or expressly acknowledged by both you and an authorised representative of Psyche Innovations, except as otherwise stated in clause 16.3 above (regarding unilateral updates to these Terms).

16.5. No Waiver: If Psyche Innovations chooses not to enforce any provision of these Terms, or delays in enforcing a right or remedy, this will not mean that we have waived our rights. No lenience, extension of time, or indulgence which Psyche Innovations might grant you will impair any of Psyche Innovations’ rights, or be deemed a waiver of any of our rights, under these Terms. We still have the right to enforce any and all provisions of these Terms at a later time or in another situation where you violate the Terms.

16.6. Interpretation – Importation of Words: In interpreting these Terms, words in the singular include the plural and vice versa. Words importing one gender include the other genders. Any reference to a “person” includes natural persons (individuals) as well as juristic persons (such as companies or other legal entities). These linguistic conventions will apply unless the context clearly indicates otherwise.

16.7. Headings: The headings and section titles in these Terms are for convenience and reference only. They do not affect the interpretation of the provisions. In other words, if there is any ambiguity in the text of a clause, the heading of that clause cannot be used to interpret or limit the clause.

16.8. Governing Law: These Terms (and any disputes or claims arising out of or relating to them) shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles. This governing law clause is subject to any jurisdiction-specific terms in Section 17 below that may provide additional rights to consumers in other countries.

16.9. Failure to Pay and Collection: If you fail to pay any amount that is due under these Terms (for example, subscription fees or other agreed charges) and do not remedy that failure within the time specified (if any), Psyche Innovations reserves the right to recover the amount owed by any legal means. You will be liable for any and all legal costs we incur in recovering overdue amounts from you, including attorney fees on an attorney-and-client scale (where applicable) and any collection agency fees.

16.10. Severability: Each provision of these Terms (and each part of each provision) is severable. If any provision or part-provision of these Terms is determined to be invalid, unlawful, or unenforceable by a court or tribunal of competent jurisdiction, that provision or part will be deemed to be severed from the Terms and shall not affect the validity or enforceability of the remainder of these Terms. The remaining provisions (or the remainder of the affected provision, as applicable) will continue in full force and effect.

16.11. Prohibited Provisions: It is not our intention to violate any applicable mandatory law or public policy. If any provision of these Terms is found to be in conflict with any peremptory provision of applicable consumer protection law or other mandatory law (a “Prohibited Provision”), then that Prohibited Provision will be deemed to be modified to the minimum extent necessary to comply with the law, or, if modification is not possible, it will be severed in accordance with clause 16.10 above. The invalidity of any Prohibited Provision shall not affect the validity of the rest of these Terms, and these Terms shall be interpreted and enforced as if such Prohibited Provision were never a part of this agreement.

17. Jurisdiction-Specific Terms

The following provisions apply to you if you are using the Platform in the specified regions. These terms provide additional clarifications and rights due to consumer protection laws and other regulations in those jurisdictions. In the event of any conflict between the earlier sections of these Terms and the provisions of this Section 17, the provisions intended for the protection of users in the specified jurisdictions will prevail for those users.

17.1. South Africa: These Terms and the relationship between you and Psyche Innovations are subject to the laws of South Africa. Nothing in these Terms is intended to limit or contravene any rights you may have as a consumer under the South African Consumer Protection Act, 2008 (CPA) or any obligations we may have under the Protection of Personal Information Act, 2013 (POPIA). If any provision of these Terms is found to be inconsistent with the provisions of those Acts, the provisions of the Acts will apply to the extent of the inconsistency. Psyche Innovations will process personal information in accordance with POPIA and our Privacy Policy. If you have any questions or complaints that are not resolved by our support team, you may contact the South African Information Regulator (for privacy issues) or other relevant authorities as provided for by South African law.

17.2. United States: If you are a user in the United States, please note that certain disclaimers and limitations in these Terms may not apply to you to the extent that they are prohibited by the law of your state of residence. For example, some states do not allow the disclaimer of implied warranties or the exclusion of certain damages in consumer contracts, so the broad disclaimers in Section 10 above may not fully apply to you. In addition, by agreeing to these Terms, you are agreeing to the arbitration clause and jury trial waiver in Section 11, except where prohibited by law. Nothing in these Terms is intended to deprive you of any rights or remedies you are entitled to under U.S. federal or state law. Children Under 13: The Platform is not directed to children under the age of 13. We do not knowingly collect personal information from children under 13 in accordance with the U.S. Children’s Online Privacy Protection Act (COPPA). If we learn that we have inadvertently collected personal data from a child under 13, we will delete such information as soon as possible. Parents or guardians who believe that we might have any information from or about a child under 13 may contact us to request removal of that information.

17.3. United Kingdom: Nothing in these Terms will exclude or limit any liability that cannot be excluded or limited under English law, including liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation. These Terms do not affect your statutory rights as a consumer under the Consumer Rights Act 2015 or any other applicable UK consumer protection legislation. In the event of any inconsistency between these Terms and your statutory rights, your statutory rights will prevail. If you qualify as a “consumer” under UK law, you may have the right to bring legal proceedings in the courts of your country of residence. The choice of South African law as governing law (in Section 16.8) does not deprive you of any protections afforded under UK consumer laws.

17.4. Canada: For users in Canada, especially in provinces with specific consumer protection statutes (for example, Québec’s Consumer Protection Act), the limitations and exclusions of liability in these Terms will apply only to the extent permitted by such laws. In Québec, for instance, certain warranty disclaimers and limitations of liability may not be enforceable, and nothing in these Terms is intended to override the mandatory rights of consumers under Québec law. The parties have expressly requested that these Terms and all related documents be drawn up in English. / Les parties ont expressément demandé que ces conditions d’utilisation et tous les documents qui s’y rapportent soient rédigés en anglais. (If you reside in Québec and would like a French version of these Terms, please contact us.) You may have additional rights and remedies under Canadian federal or provincial law, and these Terms are intended to be interpreted to comply with such laws.

17.5. Australia: Nothing in these Terms is intended to exclude, restrict, or modify any rights you may have under the Australian Consumer Law (ACL) or other applicable Australian legislation. Under the ACL, our services come with certain consumer guarantees that cannot be excluded or modified by contract. To the extent that we are permitted by law to do so, our liability for breach of any non-excludable guarantee is limited, at our option, to either (a) re-supplying the services to you, or (b) paying the cost of having the services supplied again. Except as required by law, we make no warranties or representations regarding the services other than those expressly set out in these Terms. If any provision of these Terms is unenforceable under Australian law, it shall be read down or severed to the minimum extent necessary to comply with such law, and all other provisions shall remain in full force and effect.

17.6. New Zealand: For users in New Zealand, nothing in these Terms is intended to limit your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 (except to the extent you are acquiring our services for the purposes of a business, in which case those Acts may not apply). These Terms should be read subject to any mandatory provisions of New Zealand law.

If you have any questions or need further information about these Terms or the Psyche Innovations Platform, please contact us at info@psycheinnovations.com. By using the Platform, you acknowledge that you have read, understood, and agreed to these Terms and our Privacy Policy.

TERMS AND CONDITIONS OF USE Last updated: 16 May 2025

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