When you register with Headspace, we understand that you are choosing to place your mental health in our hands. We take that responsibility seriously. It therefore matters how you access our services and how we handle your information. We’d like to take this opportunity to explain what we are setting out to deliver as a company and what you can reasonably expect from us. Please take a few moments to read our terms and conditions.
By using the Products and Services you agree not to:
(a) copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, decompile, or disassemble the Products or Services in any way, or create derivative works of the Products or Services;
(b) use the Products or Services (or any part of them) to create any tool or software product that can be used to create software applications of any nature whatsoever;
(c) upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or Services;
(d) interfere with the servers or networks underlying or connected to the Products and Services or to violate any of the procedures, policies or regulations of networks connected to the Products or Services;
(e) access the Products or Services in an unauthorized manner, including in violation of any local, state, national or international law
(f) circumvent any territorial restrictions applied to the Products or Services;
(g) perform any fraudulent activity including impersonating any other person or entity while using the Products or Services;
(h) conduct yourself in an offensive manner while using the Products or Services (including, but not limited to, bullying, harassing, or using hate speech or degrading comments about things like race, religion, culture, sexual orientation, gender or identity, age, disability, or serious disease);
(i) use the Products or Services for any illegal, immoral or harmful purpose (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes);
(j) use the Products or Services for any purposes related to scientific research, analysis or evaluation of the Products or Services without the express written consent of Headspace;
(k) rent, lease, loan, make available to the public, sell or distribute the Products or Services in whole or in part or use the Products or Services except for your own personal use;
(l) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
(m) sell or otherwise transfer access granted under these Terms or any Materials (as defined below) or any right or ability to view, access, or use any Materials; or
(n) attempt to do any of the acts described in this Section or as otherwise prohibited by these Terms or assist or permit any person in engaging in any of the acts described in this Section or otherwise as prohibited by the Terms.
We reserve the right to immediately terminate your access to or use of our Products or Services if we believe, in our sole discretion, that you exhibit such behavior or you violate or attempt to violate any laws or breach these Terms.
By breaching the provisions of this Section, you may commit a criminal offense under Applicable Law. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products and Services will cease immediately.
We reserve the right to contact emergency services to the extent that we believe, at our sole discretion, that you pose an imminent threat of harm to yourself, to property, or to another person.
Subject to the limitations set forth in these Terms, Headspace grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to stream, download and make personal non-commercial use of the Products and Services. The Products, including the source code for the Products and any information derived therefrom, is proprietary to, and constitutes the intellectual property (including without limitation a valuable trade secret) of Headspace and its licensors and suppliers.
Although we aim to offer you the best service possible, we make no promise that the Products and Services will meet your requirements and we cannot guarantee that the Products and Services will be fault free. If a fault occurs in the Products or Services, please report it to us at email@example.com and we will review your concern and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products and Services while we address the fault. We will not be liable to you if the Products and Services are unavailable for a commercially reasonable period of time.
Your access to the Products and Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new Services or Products. We will restore the Products and Services as soon as we reasonably can. In the event that the Products and Services are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing firstname.lastname@example.org.
We may change or discontinue, temporarily or permanently, any feature, component, or content of the Products or Services at any time without notice to you. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by us, without prior notice to you. Apart from the pro rata refund of any prepaid fees in Section 3.1, you agree that Headspace will not be liable to you for any unavailability, modification, suspension or discontinuance of any feature or component of the Products and Services.
Notwithstanding anything to the contrary in these Terms, Headspace’s affiliated medical providers and partners, such as Ginger.io of California Medical P.C., will retain coaching records and medical records (as applicable) with respect to your use of the Services for a period of ten years from the date of your last use of the Service or as required by Applicable Law, and provide you access thereto in accordance with Applicable Law.
7.1 The Products and Services may let you submit material to us, for example, you may be able to post comments or images in certain functions or features of the Product or Services. “User Material” refers to any publicly available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information, Product or Service purchase, or Product or Service use information which you provide in registering for and using Products or Services. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.
7.3 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products or Services, particularly where User Material breaches this Section, and we may do this with or without giving you any prior notice.
7.4 We may link User Material or parts of User Material to other material, including material submitted by other users or created by Headspace or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise Headspace. We may indirectly commercially benefit from use of your User Material.
7.5 Each time you submit User Material to us, you represent and warrant to us as follows:
(a) You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract.
(b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
(c) Your User Material does not advertise any product or service or solicit any business.
(d) Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.
(e) You will not collect email addresses of users for the purpose of sending unsolicited email.
(f) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
(g) You will not engage in any automated use of the system, such as using scripts to alter our content.
(h) You will not access, tamper with, or use non-public areas of the Products or Services, Headspace’s computer systems, or the technical delivery systems of Headspace’s providers.
(i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf antivirus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or Services or any other Headspace system or network or breach any security or authentication measures.
7.6 We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
7.7 User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant Headspace an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Products, or any portion thereof, and any ideas, concepts, or know how contained in the User Material, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. Headspace may include your User Material in Headspace’s distribution content that is made available to others through the Products. Be aware that Headspace has no control over User Material once it leaves the Products, and it is possible that others may duplicate material found on the Products, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify Headspace and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
7.8 Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products and Services or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Products and Services, you grant, and you represent and warrant that you have the right to grant, to Headspace an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained in the Submissions, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that Headspace has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Headspace and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
By granting you the right to use the Products or Services, the Headspace Entities (as defined in Section 14) do not assume any obligation or liability with respect to your health or your physical activity or condition. In no event will the Headspace Entities be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Products or Services or any activity you undertake in connection therewith. As between you and the Headspace Entities, you are solely responsible for your use of the Products and Services and your health and medical conditions and treatment related thereto. The Headspace Entities will have no liability for any unauthorized disclosure of your personally identifiable information caused by your actions or omissions.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE THAT:
(a) IF YOU ARE IN NEED OF OR ARE SEEKING MEDICAL TREATMENT, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER. IF YOU ARE HAVING THOUGHTS OF HARMING OR KILLING YOURSELF, PLEASE CALL OR TEXT 988, THE SUICIDE AND CRISIS LIFELINE, AND IF YOU ARE IN IMMEDIATE DANGER, PLEASE CONTACT 911 (OR YOUR LOCAL EQUIVALENT) OR GO TO THE NEAREST EMERGENCY ROOM;
(b) HEADSPACE (WITH THE EXCEPTION OF ITS AFFILIATED MEDICAL PROVIDERS) IS NOT A LICENSED MEDICAL CARE PROVIDER; DOES NOT PROVIDE MEDICAL TREATMENT, ADVICE, OR DIAGNOSIS; HAS NO EXPERTISE IN DETERMINING THE EFFECT OF ANY SPECIFIC TREATMENT ON A MEDICAL CONDITION; AND IS NOT YOUR HEALTHCARE PROVIDER;
(c) HEADSPACE IS NOT AND DOES NOT PROVIDE 911 OR OTHER EMERGENCY SERVICES AND MAY NOT CONTACT YOU OR ANYONE ON YOUR BEHALF WITH RESPECT TO YOUR MEDICAL CONDITION OR TREATMENT;
(d) ANY WRITTEN MATERIAL PROVIDED BY HEADSPACE AND NOT BY ITS AFFILIATED MEDICAL PROVIDERS THROUGH THE PRODUCTS AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER;
(e) YOU SHOULD ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION;
(f) NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR RECEIVED USING THE PRODUCTS AND SERVICES;
(g) THE HEADSPACE ENTITIES ASSUME NO LIABILITY WITH RESPECT TO ANY SURVEY OR RESEARCH/MEDICAL PROGRAM OR STUDY WITH WHICH YOU MAY BE USING THE PRODUCTS OR SERVICES; AND
(h) THE HEADSPACE ENTITIES ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH OR AS GENERATED BY THE PRODUCTS.
10.1 THE PRODUCTS AND SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. HEADSPACE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS AND SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PRODUCTS AND SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. HEADSPACE DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES OR ANY PORTION OF THE PRODUCTS AND SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PRODUCTS AND SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND HEADSPACE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PRODUCTS OR SERVICES OR HEADSPACE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE HEADSPACE ENTITIES OR THE PRODUCTS AND SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE PRODUCTS AND SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
APPLICABLE LAW IN SOME JURISDICTIONS MAY IMPLY WARRANTIES, CONDITIONS, OR GUARANTEES OR IMPOSE OBLIGATIONS WHICH PROVIDE YOU WITH CERTAIN CONSUMER RIGHTS. THESE TERMS ARE IN NO WAY INTENDED TO RESTRICT THOSE RIGHTS AND HEADSPACE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT HEADSPACE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
10.2 Headspace’s meditation, mindfulness, sleep and movement content and behavioral health coaching should not be considered health care, a medical device, or considered medical advice. Only your physician or other health care provider can provide medical advice. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products and Services.
10.3 To the extent that you participate in any movement content featured in the Products or Services, you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. You should consult a licensed physician prior to beginning or modifying any exercise program that you undertake especially if you have a prior injury, a history of heart disease, high blood pressure, other chronic illness, or condition. You acknowledge that Headspace has advised you of the necessity of doing so.
11.1 We are committed to complying with copyright and related laws, and we require all users of the Products and Services to do the same. This means you may not store any material or content on, or disseminate any material or content over, the Products or Services in any manner that infringes of third-party intellectual property rights, including rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.
11.2 Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements.
11.3 If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.
11.4 If you believe that your work has been copied and posted on the Products or Services in a way that constitutes copyright infringement, please provide our designated agent with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Products or Services;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
(g) Our designated agent for notice of claims of copyright infringement can be reached as follows:
By Mail: Headspace Attn: Copyright Agent 500 Molino St., Suite 118 Los Angeles, CA 90013 By Email: email@example.com Subject line: DMCA
Email, text messaging, push notifications and other electronic communication (“Electronic Communications”), such as posting notices on the Products or Services allow Headspace to exchange information with you efficiently in connection with the provisioning of our Products and Services, product information, appointment reminders, and links to surveys.
Applicable laws require that some of the information or communications we send to you should be in writing. You agree to transact with us electronically, and that communication with us will be mainly electronic. You acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. You have the right to receive a paper copy of the communications. To receive a paper copy, please request it by emailing us at firstname.lastname@example.org. Please be sure to state that you are requesting a copy of the particular communication.
If you wish to change your email address, phone number, or modify your preferences regarding the use of email and text communication, please contact us at email@example.com. You can also contact firstname.lastname@example.org to unsubscribe from further communications. Unsubscribing from communication may impact your ability to use the Products or Services.
We reserve the right, in our sole discretion, to discontinue the provision of your Electronic Communications, or to terminate or change the terms and conditions on which we provide Electronic Communications. We will provide you with notice of any such termination or change as required by law.
If you are located outside of the United States, you may have access to our meditation, mindfulness, sleep and movement content and behavioral health coaching only. Any additional services, included but not limited to therapy or psychiatry services, are provided by our partners or affiliates and your engagement with such additional services is governed by additional terms and policies which will be presented to you when applicable.
You may not export or re-export any Products except in full compliance with all Applicable Law, including in particular the Export Administration Regulations of the U.S. Department of Commerce.
You may not access to the Products or Services or any features thereof from countries or territories where such access is illegal, banned or restricted, including in any sanctioned countries or territories.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN TYPES OF WARRANTIES AND CONDITIONS OR LIMITATIONS ON CERTAIN TYPES OF DAMAGES, SO SOME OF THE DISCLAIMERS IN SECTION 10 OR LIMITATIONS IN SECTION 14.3 MAY NOT APPLY TO YOU.