Effective Date: 1 January, 2016
DO NOT USE THE SITE, PRODUCTS AND/OR SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
IF YOU ARE CONSIDERING COMMITTING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, YOU MUST DISCONTINUE USE OF THE SERVICES IMMEDIATELY, CALL 911 AND/OR NOTIFY APPROPRIATE POLICE OR EMERGENCY MEDICAL PERSONNEL.
IF YOU HAVE EXPERIENCED OR HAVE KNOWLEDGE OF CHILD OR DEPENDENT ADULT OR ELDER ABUSE PLEASE CONTACT YOUR LOCAL PROTECTIVE SERVICES AGENCY OR LAW ENFORCEMENT AUTHORITIES.
Welcome to Qntfy. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org.
To register on the Site, to subscribe to the Services and to use this Site and the Services, you agree: to comply with these Terms and Conditions. In so doing, you agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or login form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
To access certain features or areas of this site, you may be required to provide personal and/or demographic information as part of a site registration or log-in process. In addition, certain features of our site are only available to our users, and to access those areas of the site you will be required to log in using your username or email and password.
You are responsible for all activity occurring when this site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
You represent and warrant that you are of legal age to form a binding contract (or if not, you have received the permission of your parent or legal guardian to use the Services and have obtained informed consent of your parent or guardian to agree to these Terms on your behalf). If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. Qntfy cannot and will not be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account.
The contents of the Qntfy website and other material contained on the Qntfy website ("Content" and/or “the Services”) are for informational purposes only. The activities, tools, and information found in Qntfy products and/or services are in no a way substitute for care provided by a trained health professional. Please seek help from a licensed mental health professional if you believe that you or a loved one may be suffering from depression or another mental health disorder. If you are unsure whether Qntfy products and/or services are right for you, or about how to best implement its content, be sure to consult a licensed mental health professional about your concerns.
Qntfy does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this website. Reliance on any information provided by Qntfy, Qntfy employees, others appearing on this website at the invitation of Qntfy, other visitors to this website, or affiliates of Qntfy is solely at your own risk.
By accessing Qntfy content, products and/or services in any capacity you acknowledge that although some of the Content that is provided to you on the Site, Communications from Qntfy, (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such information does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you in understanding the data presented to you.
The content of this site and Qntfy products and/or services are not and should not be considered to be medical advice or a substitute for individual medical advice, diagnosis, or treatment. Do not disregard, avoid, or delay obtaining medical advice from a qualified healthcare professional because of something you may have read on the site/application. Always consult a medical professional for diagnosis and treatment. Your use of information provided by the the Qntfy site, products and/or Services is solely at your own risk. Nothing stated or posted on the site or available through any Qntfy Services is intended to be, and must not be taken to be, the practice of medicine or provision of medical care.
There are rules of conduct that you are required to follow when you use this website:
You also must comply with all applicable laws and contractual obligations when you use this site.
Any information or content posted or transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. Qntfy is not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We cannot guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
Our Services and the Content provided therein are for informational and educational purposes and are not a substitute for the professional judgment and advice of health care professionals. The Content and the Services are not intended to be used for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information. Qntfy is not responsible or liable for any claim, loss, or damage arising from the use of the information.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all of your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Qntfy has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Qntfy will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release any and all liability arising from your use of any third party website or service.
We are always trying to improve the Services we provide. As such, the services may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services that would adversely affect you when it is practical for us to do so. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges that Content is in violation of these Terms), in our sole discretion, and without notice.
We are constantly trying to improve our Services. As such, these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the https://qntfy.com website, and/or by sending you an email and/or by some other means.
If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. Your use of the Services after the Terms will constitute your acceptance of the change. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
With the exception of changes by us as described here in this document, no other amendment or modification of these Terms will be effective unless in writing and signed by both you (the user) and us (Qntfy).
Qntfy is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Qntfy has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Qntfy.
If you have deleted your account by mistake, contact us immediately at email@example.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
These Terms apply to your use of all the Services, including the iPhone and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible and terminate the associated account. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
As mentioned above, you must be over the age of 13 to use Qntfy products and/or Services. We believe Qntfy can be a powerful tool in building an honest, trusting relationship between parents and teens. If you are a parent concerned about the online activity of your teen and want to use Qntfy products and/or Services as a productive tool, Qntfy is here to help. We believe that open communication is essential for a healthy dialog about mental health to take place. As such, in order for a parent to monitor the activity of their teen using Qntfy; they must obtain consent from their teen within their own account settings.
Your use of the Content and/or Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services. In order to determine your compliance with these Terms and Conditions and the Privacy Notice we reserve the right, but not the obligation, to monitor your access to and use of the Site and the Services. Qntfy may, in its sole discretion, refuse to accept your registration or subscription due to noncompliance with any eligibility or subscription requirement.
User Content: The Platform and Services monitor and store information transmitted from the Devices where the Qntfy Software is installed, about Users’ local and online activities (usage of applications, searching, social networks, browsing, etc.) and certain communications (social network forms, instant messaging, etc.) (collectively, “User Content”). While Qntfy collects, stores and analyses this information for you, you and the User are sole owners of this information and are solely responsible for all User Content that is transmitted to Qntfy. You grant us a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to store such User Content on our servers for these purposes.
Responsibility for content: We do not control or supervise any User Content, except when required to in accordance with your instructions (configuration of the Platform) or by applicable law or competent court or administrative decision. We do however reserve the right to eliminate at any time any User Content of which we are aware that infringes the law or third party rights.
Data retention: If there are any data you wish to retain for legal purposes, you must obtain it via the Platform prior to termination. You are responsible for the conservation of such data. If we terminate the contract without notice because you have breached these conditions, you must provide evidence to us of the need to retain the data within 3 days following termination, and you will have an additional 5 days to obtain such data.
The materials displayed, analyzed, performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. In using Qntfy products,content and/or services you agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any content you access through the Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Qntfy’s) rights.
You understand that Qntfy owns the Services. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, does not mean that all the restrictions above do not apply—they do!
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on this site in a manner that constitutes copyright infringement, please contact us at email@example.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
For all User Submissions, you hereby grant Qntfy a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you submit a User Submission in your own personal Qntfy account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Qntfy the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, information that is only available to your mental health professional) (a “Limited Audience User Submission”), then you grant Qntfy the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. In addition, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide; provided that when you delete your Qntfy account, we will stop displaying your User Submissions to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Qntfy records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users who had access to such User Submissions.
Finally, you understand and agree that Qntfy, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connecting networks, devices, services, or media, and any of the foregoing licenses include the rights to do so.
Warranty Disclaimer: Qntfy does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Qntfy or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL QNTFY BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO BY QNTFY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Arbitration: Any dispute arising out of or relating to this Agreement, including the breach, termination or validity hereof, shall be finally resolved by arbitration in accordance with the rules of the JAMS Resolution Center, by a single arbitrator who shall be reasonably acceptable to all parties. The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. 1-16, and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The place of the arbitration shall be in Anne Arundel County, Maryland.
Governing Jurisdiction: Any suit, claim or cause of action arising under the terms of this Agreement or relating to the Services or products furnished hereunder shall be brought and maintained exclusively in the Courts of the State of Maryland.
Applicable Law: The terms of the Agreement shall be construed, interpreted and applied under the laws of the State of Maryland.
Severability: If any term or provision of this Agreement is determined unenforceable under applicable law, the remaining terms and provisions hereof shall nevertheless be enforceable.
Waiver: The terms and provisions of this Agreement may be waived only by written instrument signed by Qntfy.
We control and operate this website from our facilities in the United States of America, and unless otherwise specified, the materials displayed on this website are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on this site are appropriate or available for use in other locations. If you choose to access this site from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
Miscellaneous. You will be responsible for paying withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Qntfy may, in its sole discretion do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Qntfy agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Qntfy, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Qntfy in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and Qntfy agree there are no third party beneficiaries intended under this Agreement.
Last Updated: January 1st, 2016