Use of Wysa CCBT Programs and/or Therapist Companion Service
Additional service-related terms
About Privacy, Security, Third-Party Links and Monitoring
Wysa UK App Terms of Service
Initial Effective Date: Feb 16, 2022 (GMT)
Latest Revised Date: Jan 29, 2025 (GMT)
Version: 3.1.0
You can read our child friendly Terms of Service here.
This Terms of Service applies to services provided by our UK focussed applications (“apps”), namely Everyday Mental Health by Wysa mobile app (“Waitlist App”) and Digital Referral Assistant application (“e-triage web widget”). If you are using our global Wysa mobile app then please read the terms here. When using our apps and services, you agree to follow these terms and let us use your data as described in our Privacy Policy.
When you use our apps, you might try out different services, like:
We will work with your public Institution, healthcare Institution, educational institution, pharmaceutical organisations or other organisation to offer our services. These are called Institutional services. Before you can use these Institutional services, you will need to agree to our notices and the notices of your Institution.
These terms of service are a legal agreement between you and us (“Wysa”). Wysa’s holding company (Touchkin eservices Private Limited) is registered in India. Wysa is also registered in England and Wales as Wysa Ltd and in the USA as Wysa Inc.
Important Information for Using The app and services
About Our App and Services
With the apps, you can chat with an artificial intelligence (AI) coach to get access to tools and techniques to help manage your emotions and support your mental and behavioural health and well-being.
Intended Use of our Apps
Everyday Mental Health by Wysa mobile app (“Waitlist App”)
Digital Referral Assistant application (“e-triage web widget”)
Using the AI Coach
Using the DRA services
Using the CCBT Programmes and/or Therapist Companion services
Using Wysa+ Service
Privacy and Data Handling
Please read our Privacy Policy to see how we protect and handle your data.
Limits to What the apps can do
Who can Use Our Apps
You can use the app and services if your Institution allows you to. Wysa is not responsible if someone lies about their age to us. If needed, your Institution might ask you and your parents or guardian for permission before letting you use the app. We do not handle any information about crimes or offences. Please do not share any such information when using our app and services.
Wysa can refuse access to the service or close your account if you are not eligible, at their discretion. The service is not available to users who have been removed by Wysa before.
Places like public Institutions, educational Institutions, healthcare Institutions, pharmaceutical organisations and other groups (“Institution(s)”) might offer you the use of the app. These Institutions might add their own extra features in the app (“Institution Version”). As an Institution user, the Institution's rules and privacy notices will also apply to you. If needed, your Institution might ask you and your parents or guardian for permission before letting you use the app. The app might have links to other websites or content not controlled by the Institution or Wysa. Always check the terms and privacy policy of these third-party websites before using them. You can use the app only if you are allowed by the Institution and you follow their instructions on how to install and access it.
Licence
By using this Agreement, you have permission to use the apps and services. This permission is non-exclusive, and non-transferable. You can only use the apps and services for yourself and according to its features. Wysa owns all rights to the apps, services, and Wysa Content. Wysa can take away your permission to use the apps and services anytime, with or without a reason.
Wysa Account
Wysa might make it necessary to create an account for certain services. If that happens, here is what you need to know:
Remember, Wysa can also suspend or cancel your account if you do anything that threatens the app or its services.
Use of DRA Service
When you use our DRA service, you understand and agree to the following:
Use of Wysa CCBT Programmes and/or Therapist Companion Service
Note: This service is currently available only for research and clinical investigation purposes.
When you use our app to connect with your clinical. you understand and agree to the following:
Use of Wysa+ Service
When you use our Wysa+ service, you understand and agree to the following:
Additional service-related terms
Service Rules
You agree not to engage in any of the following prohibited activities:
User Content
Some areas of the service may, either now or later, allow you 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. Wysa 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:
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. Wysa reserves the right, but is not obligated, to reject and/or remove any User Content that Wysa 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 Wysa intellectual properties, You expressly agree not to disclose or communicate any proprietary Information about the Wysa practice, materials, or methods to any third parties. The obligations under this Clause survive the termination of the Wysa Service or Your relationship with Wysa;
In connection with your User Content, You affirm, represent and warrant the following:
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 Wysa a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence 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 ContentWysa 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. Wysa 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. Wysa does not warrant that the Mobile Software will be compatible with Your mobile device. Wysa hereby grants You a non-exclusive, non-transferable, revocable licence to use a compiled code copy of the Mobile Software for one Wysa 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, sublicence, 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 Wysa 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 licence End User Licence Agreement, if any, authorizing use of such code. The foregoing licence grant is not a sale of the Mobile Software or any copy thereof, and Wysa 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. Wysa 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 Wysa 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 "Wysa Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Wysa 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 licence in or under any such Intellectual Property Rights, and You agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Wysa Content. Use of Wysa 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 Wysa 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, Wysa does not waive any rights to use similar or related ideas previously known to Wysa, or developed by its employees, or obtained from sources other than You.
No Professional AdviceIf the Service provides any Information (which includes Wysa 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 licenced 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 Wysa. Wysa 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. Wysa 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 from the service, You do so at Your own risk, and You understand that this Agreement and Privacy Policy do not apply to Your use of such sites. You expressly relieve Wysa 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 Wysa 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 Wysa 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. Wysa 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 sites;
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 Wysa has a right to but not an obligation to monitor the content on the Website and the Mobile Software. Accordingly, Wysa 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.
Termination
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to You or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend Your access to the Service without notice and liability for any reason, including if in Our sole determination You violate any provision of the Agreement, or for no reason. Upon termination for any reason or no reason, You continue to be bound by the Agreement. You are responsible for all the mobile data usage resulting from the use of the Service. Consult Your mobile operator concerning your plan, data rate charges and limits.
Wysa, in its sole discretion and for any reason, reserves the right to modify or discontinue or terminate, temporarily or permanently, any Service in or on the Wysa App, with or without notice to User. User agrees that Wysa shall not be liable to User or to any third party for any losses or damages or injury that may result to User or any third party from such discontinuation or interruption of Service. However, if Service is temporarily or permanently discontinued by Wysa, Wysa will initiate the refund of Fees paid by the User on a pro-rata basis for the relevant month or any unused portion of the Services. Such refund shall be in accordance with the refund policy and terms and conditions of Google Play or Apple iTunes (whichever applicable). In such an event, You are required to contact Us for such requests. You will need to send an email request with reasons from Your Google or Apple email ID to [email protected].io. Wysa will address any such request on a case by case basis;
Indemnity and Warranty
IndemnityYou agree to defend, indemnify and hold harmless Wysa and its subsidiaries, employees, officers and directors, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, injury, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Service, including any data or content transmitted or received by You; (ii) Your violation of any term of this Agreement, including without limitation Your breach of any of the representations and warranties; (iii) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) Your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of Your User Content or any that is submitted via Your account; or (vi) any other party's access and use of the Service with Your unique username, PIN, password or other appropriate security code.
You are solely responsible for Your interactions with other Wysa Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Wysa shall have no liability for Your interactions with other Users, or for any User's action or inaction.
Warranty
The service is provided on an "as is" and "as available" basis. Use of the Service is at your own risk. to the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Wysa or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Wysa, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
Wysa does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the Wysa Service or any hyperlinked website or Service, and Wysa will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Wysa, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will Wysa be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the service or your Account or the information contained therein. To the maximum extent permitted by applicable law, Wysa assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third-party; (vi) any errors or omissions in any content or for any loss or damage or injury incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third-party. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Wysa (including its affiliates, agents, directors, employees, suppliers, or licensors) under such circumstance for liabilities that otherwise would have been limited, shall not exceed the greater of USD 100 or the total amount of fees paid to Wysa by such person for or in connection with the services in the twelve (12) month period preceding this applicable claim.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Wysa has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The service is controlled and operated from facilities in India, UK and USA. You understand and agree that, while services meet all applicable laws in India, UK and USA, the service may not meet licensing or other regulatory requirements in other locations. You agree that those who access or use the service from other jurisdictions will do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You may not use the service if You are a resident of a country embargoed, or are a foreign person or entity blocked or denied, as identified by embargo and sanctions lists maintained by the United Nations, USA, UK or India. Unless otherwise explicitly stated, all materials found on the service are solely directed to individuals, companies, or other entities located in India.
Governing Law and Dispute Resolution
The app is controlled by Wysa from its offices in India, United Kingdom and United States. You agree that: (i) Access to, or use of, the app and services and any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which You are accessing the app and service. We make no representation that the information contained herein is appropriate or available for use in other locations. (ii) The Courts in Bangalore, Karnataka shall have the exclusive jurisdiction in respect of any matter, claim or dispute arising out of or in any way relating to this Agreement between the Parties. This Agreement shall be governed by the internal substantive laws of India, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the courts located in Bengaluru, Karnataka for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of Our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights. Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe a breach of this Agreement has originated.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with Our obligations under these Agreement if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect your statutory rights.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Wysa without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to the Agreement
Wysa may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to You via email notice, written or hard copy notice, or through posting of such notice on Our website, as determined by Wysa in Our sole discretion. Wysa reserves the right to determine the form and means of providing notifications to Our Users, provided that You may opt out of certain means of notification as described in this Agreement. Wysa is not responsible for any automatic filtering You or Your network provider may apply to email notifications we send to the email address you provide us. Wysa may, in its sole discretion, modify or update this Agreement from time-to-time, and so You should review this page periodically. When We change the Agreement in a material manner, We will update the 'last modified' date at the top of this page. Your continued use of the Service after any such change constitutes Your acceptance of the new terms. If You do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.
Entire Agreement/Severability.
This Agreement, together with any amendments, policies and any additional agreements You may enter into with Wysa in connection with the Service, shall constitute the entire agreement between You and Wysa concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Wysa's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Who can You contact for additional questions, comments or concerns?
If You have any questions, comments, or concerns about this Agreement or practices, please contact us at [email protected]
Changes Log
V3.1.0 | Jan 31, 2025
v3.0.0 | October 30, 2024
v2.0.0 | July 26, 2023
v1.2.0 | December 22, 2022