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Client Terms of Use

 

Last Updated: August 5, 2021

DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. THE FRAME WELLNESS INC. SITE DISPLAYS THE SUICIDE HOTLINE IN SEVERAL PROMINENT LOCATIONS AND HAS AN INDEX OF RESOURCES FOR MENTAL HEALTH EMERGENCIES WHICH WE IMPLORE ALL USERS OF THIS SITE TO USE WHEN FACED WITH AN IMMEDIATE OR EMERGENT CRISIS.

 

Please read these Terms of Use carefully ("Terms"). These Terms govern and apply to your access and use of the communication platform and services (the “Services” offered by Frame  Wellness Inc. (hereinafter referred to as “Frame Wellness,” “Frame,” “We” or “Us”.)  By accessing or using the services on [www.tryframe.com] (the “Website”), the Frame mobile or web application (the “App”), or any other platforms or services Frame may offer (collectively, the “Service” or “Services”), you agree to, and are bound by, these Terms.   The Services include Frame Discussions (defined below) and any information, text, graphics, photos or other materials uploaded, downloaded, accessible through, or appearing on or in connection with the Website, the App, or the Services (collectively referred to as "Content"). If you do not agree to all of these terms and conditions, you are not authorized to use the Service and must immediately cease any use of or access to the Service. The terms “You", "Your,” and “Yourself” refer to the individual user of the Service; and as referenced hereunder, such general references, include both Client Users and Providers.  “Provider(s)” means any licensed or registered therapy service providers, using the Services, and which Client Users may connect with or otherwise engage with in connection with the Services.  “Client Users” means any user of the Services that is using the Services to engage with Providers directly.  Any reference to “Users” hereunder means any user of the Services, including Providers and Client Users.

The Services are not intended for any person under the age of eighteen (18).  Frame does not knowingly provide the Services to any person under the age of eighteen (18).

 

Your Account 

When you access our App and Website, you will be asked to create an account (your “Account”) in order to access and use the Services. You will be asked to provide certain information about yourself when creating your account, including but limited to your name, email address, phone number, and address (collectively, your “Account Information”.) If you use the Services to sign up for Matching Services, you may be required to provide your Account Information with your Provider (defined below) in order for them to contact you in connection with your use of the Services or in case of emergency.  By continuing to use the Services and by providing such Account Information, you hereby authorize us and/or your Provider to access and use your Account Information in order to contact and communicate with you.

You hereby certify that you are (i) over the age of eighteen (18), and (ii) physically located or are a resident of the State or Country you have chosen as your current residency when creating your Account. 

You acknowledge that your ability to access and use the Service, and our ability to provide the Service to you, is conditioned upon the truthfulness and accuracy of the Account Information you provide, and any other information you provide in connection with your Account, such as your age or residence, and that the Providers you access or engage with are relying upon this certification in order to interact with you in connection with the Services.

You agree that you will not create more than one Account, or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service and, if applicable, in order for Providers to send notices to you, you agree to: (i) provide true, accurate, current and complete information about yourself (understanding you may use an anonymous user name or nickname after you provide certain personal); and (ii) each time you log on, maintain and promptly update such Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Frame has reasonable grounds to suspect that such Account Information is untrue, inaccurate, not current or incomplete, Frame reserves the right to terminate/deactivate your account and refuse any future request(s) to use the Frame Services. You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (if any) and any other security information related to your Account. Frame will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.

By creating an Account, you grant to Frame a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute your Account Information, including any information you authorize us to access from a third-party source (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. Frame’s license to your Account Information shall be non-exclusive.

You agree that Frame may access, preserve, and disclose your Account Information if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of you, a Provider, Frame, or any other person.

 

The Services We Offer

As part of the Services, Frame provides a platform whereby Client Users may connect or engage with Providers by participating in discussions (live and recorded) that can be accessed through the Website or App (“Frame Discussion(s)”.) Additionally, as part of our Services, Client Users and Providers may connect and engage directly with each other for services between them (“Matching Services”), and may communicate via In-App Communications (defined below.)  For clarity, any reference hereunder to the Service or the Services includes Frame Discussions, Matching Services and In-App Communications.

Frame reserves the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means, as appropriate under the circumstances; however, you are responsible for regularly checking this page for notice of any changes. We agree that future changes will not be retroactive without your consent. Your continued use of our Services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to the terms, you should stop using our Services immediately.  These Terms expressly supersede prior agreements or arrangements with you. Frame may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

For as long as you comply with these Terms, Frame grants you a personal, worldwide, royalty-free, non-assignable, non-transferable, non-exclusive, revocable, and non-sublicensable license to (i) access and use our Services for purposes as intended by Frame and permitted by these Terms and applicable laws, and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Frame and Frame's licensors.

 

Medical Disclaimer

Other than the guidance and advice you receive directly from your Provider, the Services and the Content, including any discussions, other educational, graphics, research sources, and other incidental information provided or accessible through the Website or App, should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Services or Content represent or warrant that any particular medication or treatment is safe, appropriate, or effective for you. Frame does not endorse any specific tests, medications, products or procedures. Frame is not a provider of mental health or medical treatment/services; treatment/services are provided by the individual licensed professionals or Providers. 

 

Medical Disclaimer for Frame Discussions and In-App Communications

The Frame Discussions (both live and recorded content) do not in any way constitute psychotherapy, therapy, counseling, or mental health counseling and you are not under the care of the Provider or other licensed therapist leading the Frame Discussions. Frame Discussions are for informational purposes only and are not a substitute for mental health treatment with a licensed professional. Any response you receive from a Provider or other moderator during a Frame Discussions does not constitute medical advice or treatment. 

In-App Communications between you, Frame and/or a Provider do not in any way constitute psychotherapy, therapy, counseling, or mental health counseling. In-App Communications are for informational and scheduling purposes only and are not a substitute for mental health treatment with a licensed professional. Any response you receive from a Provider via In-App Communications does not constitute medical advice or treatment.

Notwithstanding the foregoing, in connection with the Services hereunder, Frame may provide information, consultation and guidance related to general health and wellness.  You expressly understand, agree upon, and acknowledge that Frame, in the performance of the Services hereunder, does not and shall not provide medical advice to you.  You agree and acknowledge that no part of Frame’s Services shall constitute medical advice or guidance to you, and that the Services, including any Content related thereto, are provided for informational purposes only.  No part of the Services or any Content related thereto, are intended to be a substitute for professional medical advice and should not be relied on as health or personal advice.

 

Medical Disclaimer for Matching Services

PROVIDERS ARE INDEPENDENT MEDICAL PRACTITIONERS. PROVIDERS ARE NOT EMPLOYEES, INDEPENDENT CONTRACTORS, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF FRAME. FRAME DOES NOT PROVIDE MEDICAL GUIDANCE OR COUNSELING AND DOES NOT EMPLOY PROVIDERS TO PROVIDE MEDICAL GUIDANCE OR COUNSELING. BY CONNECTING CLIENT USERS WITH PROVIDERS TO ENGAGE DIRECTLY IN THE MATCHING SERVICES AND THERAPY-RELATED SERVICES, FRAME OPERATES AS AN ONLINE PLATFORM THAT CONNECTS CLIENT USERS WITH PROVIDERS WHO WISH TO ENGAGE DIRECTLY WITH EACH OTHER IN THERAPY-RELATED SERVICES.

CLIENT USERS HEREBY ACKNOWLEDGE THAT FRAME DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A PROVIDER’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE SERVICES PERFORMED, INCLUDING BUT NOT LIMITED TO COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.

Any reference on the Website or App to a Provider being licensed or credentialed in some manner, indicates only that the Provider has completed a relevant account process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Frame of such Provider’s skills or qualifications. Instead, any such description is intended to be useful information for Client Users to evaluate when they make their own decisions about the identity and suitability of Providers whom they contact or interact with via the Services.

In connection with the provision of the Services, Frame is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of engagements between Users, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users. Frame makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the services requested or services provided by, or the communications of or between, Users identified through the Services, whether in public or private, via on- or off-line interactions, or otherwise howsoever.

 

Provider Verification:

In order to receive approval to utilize the Services, each Provider must be deemed to be: (i) in compliance with the policies and procedures of Frame, in Frame’s sole discretion; (ii) in compliance with federal and state guidelines; and (iii) must receive approval from Frame. This verification process includes, but is not limited to:

  • ‍Verification of licensure or registration. The practitioner holds a valid, current license or registration to practice which is verified directly from the state license agency.
  • Verification of proper education and degree.
  • Verification of board certification for practitioners that state they are board certified.

Frame reserves the right to modify and/or update this verification process and any requirements thereunder at any time and for any reason.

 

Client User Responsibilities:

Your relationship with a Provider is strictly with the Provider. Frame is not involved in the Provider-Client relationship, as set forth in further detail above, and does not interfere, validate or control the Provider’s treatment, guidance or counseling. You are always advised to exercise a high level of care and caution in the use of the Services, Website or App, as you would making any mental health or medical decision. You should never disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare Provider or by using or combining Frame with traditional face-to-face appointments; solely because of information you saw on the Website or App, or advice you received through the Services. 

 

Acceptable Use

You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms. You shall not post, use, store or transmit: (i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither Frame nor its affiliates are under any obligation to respond to messages posted through the Service. You are solely responsible for the information or material you post through the Service.

THE WEBSITE, APP AND SERVICES COMPRISE AN ONLINE PLATFORM BY WHICH CLIENT USERS MAY ENGAGE DIRECTLY WITH PROVIDERS FOR SERVICES. FRAME IS NOT A PARTY TO DIRECT ENGAGEMENTS BETWEEN CLIENT USERS AND PROVIDERS, AND HAS NO CONTROL OVER SUCH ENGAGEMENTS; THE TRUTH OR ACCURACY OF ACCOUNT INFORMATION; SERVICES LISTINGS; OR THE ABILITY OF CLIENT USERS TO PAY FOR SERVICES IN CONNECTION WITH SUCH ENGAGEMENTS. THE SERVICES PROVIDED BY FRAME IN CONNECTION WITH THE WEBSITE AND APP ARE LIMITED TO THE ENABLING OF THE CONNECTION AND/OR ENGAGEMENT BETWEEN CLIENT USERS AND PROVIDERS PURSUANT TO THESE TERMS AND CONDITIONS. FRAME DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

Fees and Payment

IF YOU ARE A CLIENT USER:

The Frame Services are accessible to Client Users free of charge. Frame does not charge Client Users for any fees or costs in connection with Client Users’ access to the Website, App or Services. Notwithstanding the foregoing, if you as a Client User engage directly with a Provider for services, you may be required to pay the Provider directly in connection with such engagement.

You agree and acknowledge that the prices identified in connection with any engagement directly with a Provider may differ from the prices offered or published by providers for similar services and/or from prices available at other third-party websites/mobile applications. Prices identified in connection with your direct engagement with a Provider may not be the lowest prices at which such services are rendered.  Because of the nature of the Services, Frame does not always know how much a Provider will charge for a particular service.  You acknowledge and agree that Frame is not responsible for the fees set forth by a Provider using the Services.

Frame does not participate, split, or take a percentage of any payments to the Provider. Regardless of any payments made, Frame does not hold itself out as your direct provider of therapy services as that is the role of your licensed Provider. You agree to pay all fees and charges associated with your Account on a timely basis in accordance with the fee schedule, and the terms and rates published by Frame from time to time. Any disputes regarding the session rates/fees should be handled directly with the Provider and any refund or dispute of charge is at the discretion of the provider, not Frame.

Such fees and charges (including any taxes and late fees, as applicable) may be charged to the credit card you provided during the initial setup of your Account. You agree to maintain valid credit card information in your Account and to update such information as necessary. 

You may be required to use the Stripe, Inc. payment platform (“Stripe Platform”) in connection with your payments to Providers.  By providing Stripe, Inc. with credit card information, you hereby authorize Frame to bill and charge your credit card using the Stripe Platform.  You may be required to agree to an additional set of terms and conditions governing your use of the Stripe Platform.

If you are a Provider, you will be required to pay fees associated with your use of the Platform. Your use and access to the Platform as a Provider (including but not limited to such payment obligations) are subject to the Provider Terms of Use, which can be found here: https://www.tryframe.com/legal/therapist-terms-of-use.

 

Intellectual Property

The Website, App and Service, and any and all of the content available on or through the Website, App or Service is the property of Frame or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law (“Frame Content”). You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the Frame Content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of Frame or its licensors and is included in the Frame Content. Any copy made of Frame Content or other information obtained through the Service must include all applicable copyright notices.

Subject to the terms of this Agreement, Frame hereby grants you a limited, revocable, non transferable and non-exclusive license to use the Frame Content, to the extent, and only to the extent, necessary to access and use the Service.  Except as set forth explicitly hereunder, Frame expressly reserves and retains all right and interest in and to the Frame Content.

The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Frame Content or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Frame Content; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Frame Content to any third party or use the Frame Content to provide service bureau, time sharing or other services to third parties.

 

Disclaimers

ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FRAME DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, FRAME DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. FRAME CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.

 

Limitations of Liability

IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL FRAME, ANY FRAME LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO: ANY ERRORS OR OMISSIONS IN ANY CONTENT; ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES; YOUR ENGAGEMENT WITH ANY PROVIDER; YOUR USE OF THE FRAME MATCHING SERVICES, FRAME DISCUSSIONS, OR IN-APP COMMUNICATIONS; OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRAME, ITS LICENSORS OR SUPPLIERS OF NON-MEDICAL/ MENTAL HEALTHCARE SERVICES OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF FRAME OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL FRAME’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING THE WEBSITE, APP OR SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO ANY PROVIDERS IN CONNECTION WITH YOUR USE OF THE SERVICES FOR THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Indemnification by You

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Frame, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to: (i) your access to or use of our Website, App, or Services, including the Matching Services, Frame Discussions, and In-App Communications; (ii) your Account Information and use of and access to your Account; (iii) your conduct toward other users; (iv) Frame’s use of your Account Information; (v) your violation of the rights of any third party; (vi) your violation of applicable law or regulation; (vii) your breach of this Agreement; or (viii) your relationship, communications, or engagement with any Provider.

 

Third Party Applications, Services and Website

‍You agree and acknowledge that from time to time, the software may require that you download upgrades, updates and additional features we publish in order to improve, enhance, and further develop the software, Service, or App. You agree and acknowledge that the Services may change from time to time and/or Frame may stop (permanently or temporarily) providing the Services (or features within the Service), possibly without prior notice to you.

Any link (including a hyperlink, button or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by Frame, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship to Frame. Frame does not endorse the content on any third-party websites. Frame is not responsible for the content of linked third-party websites or third-party advertisements, and does not make any representations regarding its content or accuracy. Frame does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

The use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Frame expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Services. You hereby agree to hold Frame harmless from any liability that may result from the use of links that may appear on the Services.

 

Termination

Frame may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. Frame has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Frame reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.

 

Privacy

For information about how Frame and its affiliates collect, use, and share your personal data, please read our Privacy Policy.

 

Phone Calls, Video Calls, and In-App Messaging

We engage third party service providers to (i) facilitate phone calls, video calls, and 2-way messaging between Providers and Client Users who have been connected on Frame, and (ii) send SMS notifications from Frame to the Provider and Client (collectively, “In-App Communications”). We receive information from such third party services providers about these In-App Communications, including, but not limited to, the date and time of the communication and the parties’ phone numbers. You agree and understand that any information you provide via the In-App Communications is for scheduling purposes only.  We have access to the information you provide via the In-App Communications and we may review, scan, or analyze such information for reasons set forth in this Terms of Use and our Privacy Policy, including product development, analytics, enforcing these Terms of Use, and customer support purposes.  We will not review, scan or analyze this information for any reasons outside the scope of this Terms of Use or our Privacy Policy, and we will maintain the security of this information pursuant to industry-standard security measures and our Privacy Policy.

 

Disputes

You agree that in the event of any dispute between you and Frame, you will first contact Frame and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action. 

After the informal dispute resolution process, any remaining dispute, controversy or claim relating in any way to your use of the Services will be resolved by binding confidential arbitration, including threshold questions of arbitrability of the claim, rather than in court. You and Frame agree that any claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms).  

Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Frame are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Frame will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.

Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, Frame will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to [Frame Wellness Inc., 2219 Main St., Unit #261, Santa Monica CA 90404]. The notice must be sent to Frame within thirty (30) days of your registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Frame also will not be bound by them.

 

General

These Terms are governed by the laws of the State of California, without regard to any conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the California courts in the cases that arbitration is not successful or is assigned or appealed to a civil court. Frame’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by Frame may be delivered by electronic mail to the address provided during the creation of your Account. These Terms constitute the entire Agreement between Frame and yourself regarding the Service, and supersede and replace any prior agreements you and Frame might have regarding the Service. Frame may revise these Terms from time to time without notice to you. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read the stems periodically.‍

These Terms of Use were last updated on June 25, 2021 and are deemed effective as amended as of this date.

 

How to Contact Us

You may contact us regarding the Services or these Terms at: Frame Wellness Inc., 2219 Main St., Unit #261, Santa Monica CA 90404, by phone at (310) 704-7317 or by e-mail at help@tryframe.com.