Hope | AI Solution for Student Mental Health

Terms of Use

Last updated: October 20, 2023

Welcome to Hope, the mobile and online service of BrainStem Technologies (hereinafter referred to as "Hope", or "We", or "Us" or "Our"). This Terms of Service applies to all visitors, data subject, and others who access the Service ("User(s)" or “You/r”) including persons buying for teams (“Subscribers”). This document is a legally binding agreement between You and BrainStem Technologies, a private limited company registered in India at Jaipur, Rajasthan, IN. The domain name www.brainstemindia.com and all associated subdomains (hereinafter referred to as "Website") and Hope mobile application, web-based and online applications ("Mobile Software" or "Hope App") is owned and managed by BrainStem Technologies.

You may use our Apps to access one or more of our services and offerings (collectively the "Service(s)" or “Hope Service”).

AI chatbot (“AI Coach”).
Digital selfcare tool-packs.
Emotional well-being professional.
Guided-group meditations.
Services offered over WhatsApp (available in select geographies only).
Services purchased from our website and web pages.
Digital front door or e-triage.
Multi-lingual offerings (available in select geographies only).
Online controlled and real-world research studies

We may also provide these and additional services on behalf of Your Institution (“Institutional Services”). An Institution could be an enterprise, university, hospital, research institution and other public or private organisations. Institutional Services may involve processing information on behalf of the Institution. Where applicable, you must agree to the Terms of Services and Privacy Policies of both Hope and your Institution in order to proceed with using the Institutional Service.

By accessing or using the Hope App and Service, You signify that You have read, understood, and agree to be bound by this terms of service and to the collection and use of Your Information as set forth in the Privacy Policy and terms of any other policies of Hope as may be applicable to You whether or not You are a registered User of Our Service. These Terms of service, Privacy Policy and any other terms and conditions as may be applicable shall hereinafter collectively be referred to as “Agreement” or “Contract”. For further Information regarding the use of Your data by Hope, please read Our Privacy Policy.

Where not specifically called out, use of uppercase / lowercase and bold / not bold would carry the same meaning in this document.

Important notice

If You are having suicidal thoughts or planning to act on suicidal thoughts, or if You feel that You may be a danger to Yourself or to others, or if You otherwise have any medical or mental health emergency or severe mental health condition, or if You are in a crisis or trauma or abuse, please discontinue use of the Service immediately and call the relevant emergency number in Your country or the approved helplines provided by Your Institution.
If You are less than 18 years of age, please read through the Hope Privacy Policy and the Hope Terms of Service with Your parent or legal guardian or check with Your Institution to understand eligibility before use. Hope is not to be used by children under 13 years. Hope does not take responsibility for any misrepresentation of age and use.
Your interaction with the AI Coach is with an AI system and not a human. The AI Coach is restricted in the means of response, and the intended use is for providing evidence-based tools and techniques to manage emotions and encourage mental well-being in a self-help and self-monitoring context. It is not intended for providing diagnosis, treatment or cure of a condition or disease. The AI Coach cannot and will not offer advice on issues it does not recognize.
Your interaction with Hope emotional well-being professionals is with a human who is a highly trained and qualified emotional health and well-being professional.
When you subscribe to our emotional well-being professional service, you get human-supported emotional well-being services which are not a replacement for treatment-focused therapy. Hope emotional well-being professionals draw on various evidence-based psychological and lifestyle coaching techniques to provide empathetic and non-judgmental support to help service users strengthen their self-esteem and ace through emotional hurdles and current concerns to reach their goals. The service being offered is thus an enabling and empowering mode of support. If any user is found to need a diagnosis, treatment or any other regulated service, under our protocols, the mental health professionals focus on motivating them to seek out a locally licensed professional, and help them problem-solve around barriers to access.
Audio-Video based sessions with Hope emotional well-being professional are available only in select geographies and Apps. It may not be available in your region if not mentioned within the app. Please check with Your emotional well-being professional regarding availability in your region or write to us at business@brainstemindia.com. You may be asked to set up an account with a 3rd party audio-video application provider to use the service.
Hope emotional well-being professional services are not intended to be a replacement for face-to-face psychotherapy or to provide a diagnosis, prognosis, treatment or cure for a disease/condition/disorder or disability or provide any type of state-regulated mental health services in Your country of residence. It is an enabling and empowering mode of support, rather than treatment of illness or a health condition.
By using the Hope emotional well-being professional Services, You understand and agree that the professional assigned to work with You will be located remotely and may not be located in Your country or state of residence.
Hope AI Coach and Hope emotional well-being professional cannot and will not offer medical or clinical advice. In case You mention the need for such advice, they will suggest that You seek advanced (medical) help.
Hope App is designed to offer general mental health advice and support and cannot offer condition specific advice for complex medical conditions such as complex long term illness, cancer, infertility or genetic disorders among others.
Please first consult a healthcare professional before using the App, if You have any medical conditions including but not limited to Pregnancy, Sleep Apnea, Restless Leg Syndrome (RLS), Seizures or Epilepsy, hallucinations or nightmares, sleep walking, excessive daytime sleepiness, dizziness or tremors. The Hope App may not be right for You if You are; a child under 13 years, someone with severe mental or physical condition or disorder, a shift worker, someone who regularly keeps changing sleep schedules or someone who sleeps at times that are out of sync with Your body’s natural rhythm.
We take all reasonable care to keep Your conversations private and secure. You can also keep Your conversations private and device secure by following the best practices outlined in the Privacy Policy.
For safety and security reasons, We strongly recommend that You keep Your conversations with Hope App private. We strongly recommend that You set automatic updates of the Hope App in the application manager settings of Your mobile device; to get the latest Hope App-based features and fixes. Always exit the Hope App version in Your mobile device by using the back button before upgrading to a newer version to prevent loss of ongoing or previous conversations.
Your submitted Data will be transferred, stored and processed in Our secure servers hosted by our cloud service providers. You understand and agree that We may transfer, store and process minimal data outside Your region to enable us to provide Our services. These could be to regions where data protection laws may be less stringent than those in Your country. Such data handling will be based on Our Privacy Policy.
The App and its Services are primarily in the English language.
The App and its Services cannot and should not be used by a third-party for Independent Research and Clinical Studies without the explicit permission of Hope.

What is Hope App?

The Hope App has a virtual AI-based system (“AI Coach” or “Hope AI Coach”) that You can chat with, including upon Your choice, the ability to subscribe and to message a highly trained and qualified mental health and emotional well-being professional (“Hope emotional well-being professional” or “emotional well-being professional” or “professional”) or for Institution Users, to be able to use an Institutional support mechanism integrated within the Hope App, and through a conversational interface get access to tools and techniques to manage Your emotional well-being. The Hope App is available for both iOS and Android mobile systems and as a web browser-based system either on the Hope’s web application or integrated within an Institution website. The AI Coach Service over WhatsApp business is currently piloted only in India. Your Interaction with the AI Coach is with an artificial intelligence system and not a human. The AI Coach is restricted in the means of response, and the intended usage of Hope App is for providing support via evidence-based tools and techniques to manage emotions and encourage mental well-being, as an early intervention tool in a self-help or self-monitoring context. You make the choice of using the AI Coach, based on Your own estimate of need, and agree that this is only suitable for basic self-help. This is not intended to be a replacement for face-to-face psychotherapy or to provide a diagnosis, prognosis, treatment or cure for a disease/condition/disorder or disability. The AI Coach cannot and will not offer advice on issues it does not recognize. Using the Hope App, You can track and manage Your mood, and learn context-sensitive evidence-based techniques that can help You feel better. Hope App and Service is not intended for use in crisis such as abuse or complex or severe mental health conditions that causes for example; ideation of suicide, harm to self and others, or for any medical emergencies. Hope App is designed to offer general mental health advice and support and cannot offer condition specific advice for complex medical conditions such as complex long term illness, cancer, infertility or genetic disorders among others. Hope App and Service cannot and will not offer medical or clinical advice. It can only suggest that the user seeks advanced (medical) help.

Please first consult a healthcare professional before using the App, if You have any of the following conditions- Pregnancy, Sleep Apnea, Restless Leg Syndrome (RLS), Seizures or Epilepsy, hallucinations or nightmares, sleep walking, excessive daytime sleepiness, dizziness or tremors. The App may not be right for You if You are; a child under 13 years, someone with severe mental or physical condition or disorder, a shift worker, someone who regularly keeps changing sleep schedules or someone who sleeps at times that are out of sync with Your body’s natural rhythm.

The web-widget Service and the WhatsApp-based business service is limited in its features and you will be asked to download the mobile-version of the app to enable access to the full App features and Services.

Who can Use the Service?

You may use the Service only if You are a natural/legal person, agree to this Agreement and form a binding contract with Hope, and only in compliance with all applicable local, state, national, and international laws, rules and regulations. You may use the App and services if you are 18 or more. If You are between 13 and 18 years of age, please read through this Hope Privacy Policy and the Hope Terms of Service with Your parent or legal guardian, and in such a case the Agreement shall be deemed to be a contract between Hope and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You. Kindly inform your parent or legal guardian to provide their consent by writing to us at business@brainstemindia.com. Anyone under 13 is strictly prohibited from creating an account and/or using the Service. Hope does not take responsibility for any misrepresentation of age and use.

If Your Institution specifies a different age restriction, such as at least 18 and above, as a condition of using this Service, that restriction shall apply rather than the one above.

If You use the Hope emotional well-being professional Service,

You may be asked to set up an account with a 3rd party audio-video application provider.
You may be asked to provide your informed consent to use the services.
You may be asked to provide emergency contact details for your safety purposes.
You will be asked to provide a Parental or Legal Guardian consent if You reveal Your age to be between 13 and 18 years. You will be required to inform Your parents or legal guardian and have them send Us an email consent to business@brainstemindia.com, as directed by Your Hope emotional well-being professional, using the same email ID that was used to subscribe to Our Service.
Without receiving your informed consent or parental or legal guardian consent, We will be unable to offer Our full Services.

Hope reserves the right to refuse access to the Service or terminate Your account if eligibility is not met, at its sole discretion. The Service is not available to any Users previously removed from the Service by Hope.

Institution version of Hope App
Enterprises, Organisation, school, university, trust, service, hospital, clinic, research institution or other public or private organisation (“Institution(s)”) may introduce Hope App to their employees, patients and members. These Institutions may also customize Hope App and add or replace certain Hope Service(s) or integrate their own Services within the Hope App (“Institution version of Hope App'') or request Hope emotional well-being professional Services outside the Hope App including but not limited to well-being webinars or group sessions. Such employees, patients and members of Institutions are also User(s) of the Hope App or the Institution version of Hope App (“Institution User(s)”). In such an event and where applicable, these Institution’s terms and these Institution's Privacy Policy shall also apply to Your Use of Hope App and Services. In the event of any conflict with such additional terms and privacy policy, Hope’s Agreement shall apply. Hope App may carry links to material or Websites or Web Pages or Services managed by third parties on which the Institution and Hope may have no control, agreement or affiliation. Please refer to documentation including terms and privacy policy provided by such third parties before accessing such links. The Institution version of Hope App and its Services can only be accessed by authorized Institution User(s) following installation and access instructions as shared by the Institution or their Service provider.

Hope License
Subject to this Agreement, You are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Hope App and Service for Your personal use only and as permitted by the features of the Service. Hope reserves all rights not expressly granted herein in the Hope App, Service and the Hope Content (as defined later in this Agreement). Hope has the right to terminate this license at any time for any reason or for no reason.

About Hope Accounts

Creation of an Account via registration is currently not required. Hope may, at its sole discretion, make the creation of an Account mandatory for all or certain Services in the future. In such an event, the following terms shall apply.

You may be required to create an account with Hope to avail certain Services with a username and password or Access Codes (“Account”). Your Account will give You access to the Services and functionality that We may establish, modify and maintain from time to time and in our sole discretion.

When creating Your Account, if required, You must provide accurate and complete Information. If You provide any Information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if We have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof).

You are solely responsible for the activity that occurs on Your Account, and You must keep Your Account password secure. Whenever You need to set a password, We encourage you to use "strong" passwords (passwords that use a combination of upper-and-lower case letters, numbers and symbols) with Your Account. You must notify Hope immediately of any breach of security, unauthorised access to Your chats or other data, or unauthorized use of Your Account. Hope will not be liable for any losses caused by any unauthorized use of Your Account. We may also suspend or terminate Your Account according to this Terms of Service where we see behavior, content, or other factors that pose a threat to Our App and Services.

You may never use another User's Account.

You may control Your user Account profile and how You interact with the Service by changing the Settings in the Mobile Software. You consent to Our using Your profile to send You Service-related email notices, including any notices required by law, in lieu of communication by postal mail.

About Hope emotional well-being professional Service

When You use the Hope emotional well-being professional Service provided to You on the Hope App, the following terms will apply:

Hope emotional well-being professional Service is a Premium Service provided by the Hope App;
You have chosen to utilize the Services of a Hope emotional well-being professional engaged by the Hope App by choosing and signing up with the App;
Unless required for emergency reasons, avoid sharing Your Personal data (such as full name, date of birth, gender, contact numbers, address, financial identifiers, government-provided identifiers) or Your medical-related data or any other sensitive data (such as Your sexual preferences, religious or political opinions, financial data) when You use the Hope emotional well-being professional Services;
You can access the Hope emotional well-being professional Service by providing a non-personally identifiable nickname, or User name. You have responsibility for the conduct, postings and transmissions that are made under Your User name;
The Hope emotional well-being professional Service is provided by highly trained and qualified mental well-being professionals. By using the emotional well-being professional Service, You understand and agree that the professional assigned to work with You will be located remotely and may not be located in Your country or state of residence. Hope emotional well-being professionals are fully qualified and licensed in their geographies. However, please be aware that they may not be licensed to practice in Your state, country or geography;
When you signup to the Hope emotional well-being professional Service, you get human-supported emotional well-being services which are not a replacement for treatment-focused therapy. Hope emotional well-being professionals draw on various evidence-based psychological and lifestyle coaching techniques to provide empathetic and non-judgmental support to help service users strengthen their self-esteem and work through emotional hurdles and current concerns to reach their goals. The service being offered is thus an enabling and empowering mode of support. If any user is found to need a diagnosis, treatment or any other regulated service, under our protocols, the emotional well-being professionals focus on motivating the user to seek out a locally licensed professional, and to help them problem-solve around barriers to access;
The Hope Coach Service is a text-based messaging or audio-video based (not available in all regions) emotional well-being professional service. It will apply motivational interviewing and life coaching to help You work towards Your personal well-being goals. The Service will focus on building wellness and emotional resilience. The underlying principle of this Service is that You have the knowledge and capacity to make desired changes in Your life. The authorised emotional well-being professional will support You in finding Your own way, help You tap into Your own strengths and abilities, so that You can identify and use resources around You to fill any gaps;
The Hope Therapist Service is a text-based messaging or audio-video based (not available in all regions) professional service. It will use person-centered supportive listening, motivational interviewing and evidence based approaches like evidence-based approaches like CBT principles to help You to take control of Your mental and emotional well-being. Hope Therapists will draw on various evidence-based techniques to provide empathetic and non-judgmental support. The authorised professional will listen to Your worries empathetically, promote positivity and support You in making successful lifestyle changes, so that You can manage Your situation better and build emotional resilience;
The Hope App allows You to connect and have text-message based scheduled sessions or where available, an audio-video based session with a Hope emotional well-being professional. You understand and agree that the Services offered are solely for the purpose of listening to You, supporting You in achieving Your defined goals and pointing You to the right Hope App tools;
You understand and agree that Hope emotional well-being professional Service is not a substitute for face to face psychotherapy, and/or does not provide a diagnosis, prognosis, treatment or a cure for a disease/condition/disorder or disability, and/or does not provide any type of state-regulated mental health services in Your country of residence;
The Hope emotional well-being professionals do not provide any medical, psychiatric, or other professional health care advice. They are not intended to be used to assess health conditions or substitute for professional medical advice, or relied upon for diagnosis or treatment. Use of Hope emotional well-being professionals Services does not create or constitute a physician-patient relationship with any Hope emotional well-being professionals, or anyone acting on behalf of Hope;
Hope emotional well-being professional Service is not a crisis or emergency Service. If at any time You experience an emergency, medical or otherwise, please immediately reach out to the emergency contact in Your local area of residence;
After SignUp, You may be requested to provide an Informed Consent and Emergency Contact authorization details. The Informed Consent will be required before Your first Session with the Hope emotional well-being professional. Your Hope emotional well-being professional will also explain the Pros and Cons of online-based modality during Your early sessions with them;
You will also be able to switch your Hope emotional well-being professional at any time after Your session by writing to Hope at business@brainstemindia.com;
Sessions are scheduled at the mutual convenience of the User and the Hope emotional well-being professional;
You are responsible to schedule a session with Your assigned Hope emotional well-being professional;
Aside from a scheduled session, You can send unlimited messages and chats and the Hope emotional well-being professional will try to respond within 24 hours. Messaging will be only by text-based chat and only through the Hope App. You agree to not collect contact details or any other personal information, or contact Your Hope emotional well-being professional outside of the Hope App;
You can cancel or reschedule a scheduled session anytime before 3 hours to the start of the scheduled session. No cancellation or rescheduling will be allowed within 3 hours or after a session begins;
Your private text-messaging based chats with a Hope emotional well-being professional are available anytime for Your reference within the Hope App;
Your Audio-Video sessions with a Hope emotional well-being professional are never recorded and stored. No playback or recording transcript will be available;
You agree to not record and store Your Audio-Video Sessions with Your emotional well-being professional either within or from outside of the App;
If Your Hope emotional well-being professional is not available to take scheduled sessions due to any personal or emergency reasons, Hope will provide You with an alternate emotional well-being professional. You can always opt to reschedule Your session;
It is the intention of Your Hope emotional well-being professional to provide Services that will assist You in reaching Your goals. Based upon the Information that You provide and the specifics of Your situation, Your Hope emotional well-being professional will provide recommendations to You. Users, and Hope emotional well-being professional are partners in the supportive process. You have the right to agree or disagree with Your emotional well-being professional recommendations;
You agree to cordial messaging or conversation etiquette with Your Hope emotional well-being professional and to post messages or converse in accordance with the User Content section within this agreement;
The Hope App serves as a “connector” for You to access online Hope emotional well-being professionals. You agree that You are using the Services in your best judgement, and Hope will not make any representation or warranty as to (a) the accuracy or availability of the Hope App, (b) the willingness or ability of the Hope emotional well-being professional to listen, (c) the willingness or ability of any Hope emotional well-being professional to give advice, (d) whether You or anyone else shall find a Hope emotional well-being professional Service helpful, useful or satisfactory, (e) whether You or anyone else shall find a Hope emotional well-being professional advice relevant, useful, accurate or satisfactory, (f) whether the advice of the Hope emotional well-being professional will be relevant to the User’s question, or (g) whether the Hope emotional well-being professional advice will otherwise be suitable to Your or anyone else’s needs;
Hope performs a reference and background check of all Hope emotional well-being professionals. You can view all Our Hope emotional well-being professional profiles in the Coach or Therapist tab of the Hope App;
You understand and agree that, although a Hope emotional well-being professional may have been accessed through the Hope App, Hope cannot predict or assess the competence of, or appropriateness for Your needs, of the Hope emotional well-being professional. You also acknowledge and agree that You take full responsibility for the decision to access a Hope emotional well-being professional;
Unless required for informed consent and for emergency reasons, the Hope emotional well-being professional will not ask You for any Personally Identifiable Information (such as full name, email ID, phone number, address, gender and other identification including sensitive Information such as Your medical information, sexual preferences, religious or political opinions), other than Your nickname to personalize the Hope emotional well-being professional Service. You also agree to not share any personally identifiable Information including sensitive Information from Your end. Any Information shared by You, shall be treated in accordance with this Terms of Service and Privacy Policy;
The Hope emotional well-being professional and You mutually recognize that they may hold discussions based on data and information provided by You. The Hope emotional well-being professional will not voluntarily communicate Your data to a third party. Any use of data disclosed by You to the Hope emotional well-being professional shall be in accordance with the Privacy Policy;

Hope use of Generative AI technology

Hope makes limited use of Generative AI technology to help improve the quality, performance and safety of our App and Services. For example, We create select App content with Generative AI technologies such as Open AI. No Personal Data or User Content provided by You during use of App and Services gets shared with 3rd party Generative AI suppliers.

The type of areas where we use Generative AI includes, but not limited to:

Generating content scripts to reduce repetitiveness in AI chatbot conversation
Generating content scripts for validated tools such as sleep stories.

Hope owns the Intellectual Property and rights to these generated content scripts. Generated content needs to pass our safety and quality guardrails before being accepted for use. All generated content scripts are rigorously quality checked for copyright and plagiarism, clinically validated using a therapist-in-the-loop for safety, privacy, quality and performance. Only validated content gets released within Our App and Services. We will transparently inform you wherever we have used Generative AI to create Hope-owned content within the App.

Where applicable, We will provide additional Terms of Use and Privacy notices to transparently keep you informed about Our data processing.
Learn more about how we built Our Artificial Intelligence in our Privacy Policy.

What are the Service Rules?

You agree not to engage in any of the following prohibited activities:

copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping";
using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Hope servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
transmitting spam, chain letters, or other unsolicited email;
attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
taking any action that imposes, or may impose at Our sole discretion an unreasonable or disproportionately large load on our infrastructure;
uploading invalid data, viruses, worms, or other software agents through the Service;
disclosing, collecting or harvesting any personally identifiable Information, including account names, from the Service;
using the Service for any commercial solicitation purposes;
impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity;
interfering with the proper working of the Service;
accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
bypassing the measures We may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

About User Content

Some areas of the Service may, either now or later, allow Users to post content such as chat content, profile Information, videos, comments, questions, and other content or Information or any such materials a User submits, posts, displays, or otherwise makes available on the Service ("User Content"). We claim no ownership rights over User Content created by You; the User Content You create remains Yours. However, by sharing User Content through the Service, You agree to allow Us, authorised Institutions or other authorised persons (in accordance with your settings and this Agreement) to view, edit, and/or share Your User Content. Hope has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.

You agree not to post or transmit User Content that:

may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal;
may create a risk or any other loss or damage to any person or property;
seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
may constitute or contribute to a crime or tort;
contains any Information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
contains any Information or content that is illegal (including, without limitation, the disclosure of insider Information under securities law or of another party's trade secrets);
contains any Information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships;
contains any Information or content that You know is not correct and current;
violates any school, Institution or other applicable policy, including those related to cheating or ethics;
interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity;
except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials, solicit Service letters or certificates, or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.

Copyrights and Intellectual Property Rights
You may not copy, share, or use personal identifying or business contact Information about other Users without their express permission. You agree that any User Content that You post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Hope reserves the right, but is not obligated, to reject and/or remove any User Content that Hope believes, in its sole discretion, violates these provisions.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In order to honor and protect the Hope intellectual properties, You expressly agree not to disclose or communicate any proprietary Information about the Hope practice, materials, or methods to any third parties. The obligations under this Clause survive the termination of the Hope Service or Your relationship with Hope;

In connection with your User Content, You affirm, represent and warrant the following:

You have the consent of each and every identifiable natural person in the User Content to use such a person's name or likeness, and each such person has released You from any liability that may arise in relation to such use of such User Content.
Your User Content and Hope's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third-party, including but not limited to any Intellectual Property Rights and privacy rights. Hope takes no responsibility and assumes no liability for any User Content that You or any other User or third-party posts or sends over the Service. You shall be solely responsible for Your User Content and the consequences of posting or publishing it, and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your User Content. You understand and agree that in spite of Our best efforts You may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to Your purpose, and You agree that Hope shall not be liable for any damages or injury or losses You allege to incur as a result of User Content.

User Content License Grant
By posting any User Content on the Service, for use in connection with the Service You expressly grant, and You represent and warrant that You have all rights necessary to grant, to Hope a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list Information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and Your name, voice, and/or likeness as contained in Your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed subject to the Privacy Policy.

Use of User Content
Hope conducts research on Our global platform. All data including User Content if any is anonymized before use for research purposes. This research looks at how different activities on Mobile Software impact mental well-being measures. Hope may use User Content and other data collected from the User in accordance with the Agreement for the purpose of this research. Research and outcomes are key to helping Users make real change and progress in their lives, and we are grateful for the support You provide towards this mission by sharing Your data.

About Mobile Software

We make available Mobile Software to access the Service via a mobile device. To use the Mobile Software, You must have a mobile device that is compatible with the Mobile Software. Hope does not warrant that the Mobile Software will be compatible with Your mobile device. Hope hereby grants You a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Hope Account owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third-party or use the Mobile Software to provide time sharing, conduct independent clinical or research studies without explicit permissions or provide similar services for any third-party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Hope may from time-to-time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Hope or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Hope reserves all rights not expressly granted under this Agreement.

The Mobile Software originates in India, and is subject to Indian export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from India. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Indian and foreign laws related to use of the Mobile Software and the Hope Service.

Our Proprietary Rights

Except for Your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Hope Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Hope and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Hope Content. Use of Hope Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or We may invite You to submit comments or ideas about the Service, including without limitation about how to improve the Service or Our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place Hope under any fiduciary or other obligation, and that We are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission, Hope does not waive any rights to use similar or related ideas previously known to Hope, or developed by its employees, or obtained from sources other than You.

No Professional Advice
If the Service provides any Information (which includes Hope Content, medical or legal information among others) including recommending tools and techniques (e.g. Yoga or activity or exercises), such Information is for Informational purposes only and should not be construed as professional advice. No action should be taken based upon any Information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area before any use.

About Privacy, Security, Third-Party Links and Monitoring

We deeply care about the privacy of Our Users. You understand that by using the Services You consent to the collection, use and disclosure of Your Personal data and aggregate data as set forth in our Privacy Policy, and to have Your data collected, used, transferred to and processed by Us in accordance with Our Privacy Policy.

We deeply care about the integrity and security of Your Personal data and maintain security measures as required under applicable data protection laws to ensure its authorized use. However, we cannot guarantee that unauthorized third parties will never be able to defeat Our security measures or use Your Personal data for improper purposes. You acknowledge that You provide Your Personal data at your own risk. Refer to the Privacy Policy for how we handle Your data.

The Service may contain links or other content related to third-party websites, advertisers, products and/or services, special offers, or other events or activities offered by third parties that are not owned or controlled by Hope. Hope has no control over any such links, content, web sites, products or services or any Information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third-party. Hope does not endorse or assume any responsibility for any such third-party sites, Information, materials, products, opinions or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. If You access a third-party website or application from the Service, You do so at Your own risk, and You understand that these Terms of Service and Hope's Privacy Policy do not apply to Your use of such sites. You expressly relieve Hope from any and all liability, directly or indirectly, arising from Your use of any third-party website, application, software, service, or content and also for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, application, software, content, product and/or service. We do not promote third party offers as a part of the App experience. Your Institution may conduct advertising or marketing of Hope Services. We may place ads online to test take-up of a specific Service or to promote a specific Service using only authorised advertisers and ad managers. Additionally, Your dealings with or participation in promotions of advertisers, if any, found on Our Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between You and such advertisers. You agree that Hope shall not be responsible for any loss or damage or injury of any sort relating to Your dealings with such advertisers. If You disclose Your Information to others, different rules may apply to their use or disclosure of such Information. We do not control the privacy policies of others. We encourage You to ask questions before You disclose Your personal Information to others. Hope encourages You to, at a minimum, be aware when You visit or use a third-party website, application, software or service and to review the terms of service and privacy practices related to such third-party;

Subject to the Agreement, We have the right and liberty to monitor the content on the Website and Mobile Software at all times which shall include Information provided in Your Account or any User Content posted by You. The monitoring of the Website is important to determine the veracity of the Information provided by You and that every User remains in consonance with the terms provided herein. Subject to the Agreement, We shall also have the liberty to remove any objectionable content, including User Content, which is in contravention of the Agreement or share such Information with any governmental authority as per procedures laid down by the law for the time being in force in India. It is hereby clarified that Hope has a right to but not an obligation to monitor the content on the Website and the Mobile Software. Accordingly, Hope shall not be liable for any claims, losses, damages costs or expenses that may arise as a consequence of the User Content published by You or any other User on the Website and Mobile Software.

Our Contact

If You have any questions, comments, or concerns about this Agreement or practices, please contact us at business@brainstemindia.com