These terms explain the rules for using this service.
What’s in these terms?
- Who we are and how we contact you.
- These Terms.
- About the My Possible Self Self-Help Plan.
- Our contract with you.
- Service availability and security.
- Price and payment.
- How you can end this contract and what happens when you end it.
- How we can end this contract and what happens when we end it.
- Our responsibility for losses we cause you.
- How we may use your personal information.
- Other important terms.
1.Who we are and how we contact you
1.1.Who we are. We are My Possible Self Limited, which is a company registered in England under company number 06823416. Our registered office and main trading address is Cardale House, Cardale Park, Beckwith Head Road, Harrogate, North Yorkshire, HG3 1RY. Our registered VAT number is 261762402.
1.2.How we may contact you. We will write to you at the email address you provide to us for your account. You must make sure you have access to that email address and that you tell us of any change to your email by updating your details through the settings page on your account.
2.1.What these terms cover. These are the terms on which we allow you to use the paid-for self-help content on our website at www.my-possible-self.com and the iPhone and AndroidTM apps that give you access to the same content. In these terms we refer to the self-help content and the functionality of our website and apps as “the Plan”. The Plan is described in more detail in clause 3.
Why you should read the terms. Please read these terms carefully before you submit your order to us. These terms tell you:
- who we are
- how we will provide you with access to the Plan
- what content you will see
- the situations in which the Plan may be helpful (and when it is not)
- how you and we may change or end the contract
- and other important information.
- Other Terms. Other terms also apply to you. Please read the following additional terms, which also apply to your use of our platforms related to the Plan:
3.About the My Possible Self self-help plan
3.1.What is the Plan? The Plan is a self-help plan for people with anxiety, stress and/or low mood. Use of the Plan is completely voluntary. It consists of a set of tools to help educate and equip people with skills to self-manage their stress, anxiety and/or low mood. The tools are interactive and include mood tracking, self-help tips, motivational messages and journals, much of which is based on research. You will interact with the Plan via the internet on your mobile devices and/or computers.
3.2.Age. The Plan is designed for people that are 18 years or over. If you are under 18 years of age, then you can use the Plan but you must be aware that it is designed for people aged 18+. Some of the Plan may not be appropriate for you.
3.3.Purpose. The Plan is designed for people with anxiety, stress and/or low mood. It is not a substitute for clinical/medical treatment or advice. The Plan is not designed for people with a serious mental health condition. People with serious mental health conditions should not therefore use the Plan.
3.4.The need for medical advice. If you have a serious mental health condition or you are at risk of harming yourself or another person, you should not use (or continue to use) the Plan. You should seek urgent medical advice from either your treating medical practitioner, a mental health care professional, an emergency department of a hospital or, if in immediate danger, call the emergency services.
3.5.Who is the Plan for? The Plan is designed to be used only by people who are resident and located in the United Kingdom. You must not use the Plan if you live overseas.
Benefits of the Plan. The Plan offers a set of tools and techniques which aim to benefit you by:
- helping you to better understand your moods,
- helping you to notice patterns in your behaviours and become more self-aware,
- educating you in skills to better manage your mental wellbeing,
- equiping you with skills and strategies needed to navigate through life.
The Plan does not “treat” you, or replace treatment provided by a health and/or mental health professional.
Risks of using the Plan – we do not monitor your use or your condition. We do not monitor your use of the Plan or your responses and cannot and will not follow up with you, outside the automated interactivity of the Plan, regarding your care. Therefore, there are risks associated with using the Plan, including:
- the possibility of your symptoms persisting while using the Plan
- the possibility of your symptoms worsening while using the Plan
- the possibility of developing symptoms or conditions while using the Plan
- the possibility that the Plan is not suitable for you at a particular point in time.
The Plan – ownership rights.
- Rights in the Plan. When you pay for access to the Plan, you are allowed to use it in the way it is designed to be used, as long as you have a current subscription. The ownership (intellectual property rights) in the Plan (including the rights in the content and the app) will always continue to be owned by us and our licensors (which include The Black Dog Institute). You may print out or copy small elements of the Plan for your own personal use, so long as you do not supply them to anyone else. You may not make other copies/prints except as needed to use the Plan itself.
- Rights in text and other items that you upload to the app. When you use the Plan you will insert text and you may also upload other media types (such as images, drawings, sound recordings and video) for your own use. You will continue to own the rights in that text and other media and we will only use them to provide the Plan to you. Your inputs will also influence the parts of the Plan that you see.
- You must not upload anything to our website (including to the Plan) that you do not own the intellectual property rights in.
- Clause 10 tells you how we may use your personal information, which includes that text and media.
- Clause 10.8 summarises when the data that you have uploaded to the Plan (which includes the text and media described in this clause) may be deleted from our systems.
4.Our contract with you
4.1.How we will accept your order. Our acceptance of your order will take place when you confirm your acceptance of this contract by creating an account and accepting our terms and conditions. At that point a legally binding contract will come into existence between you and us.
4.2.If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you. This might be because of unexpected limits on our resources which we could not reasonably plan for, because your order does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to provide the content you have specified for licensing reasons.
4.3.Your order number. For credit-card and PayPal purchases - we will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.4.We only sell to the UK. Our Plan is designed for UK residents. If you are not a UK resident it may not meet your needs.
How long you will have access to the Plan. You will continue to have access to the Plan until:
- you end the contract as described in clause 7;
- we end the contract by emailing you as described in clause 8; or
- your employer stops paying for the Plan (if your employer is paying), as described in clause 6.9.
4.6.Updates to the Plan We may update the Plan, but the content will always match the description of it that we provided to you before you bought it.
5.Service availability and security
5.1.The Plan is made available over the internet. The Plan is made available online although if you are using a phone app, the Plan should work even if you do not have a connection at that time (data will be cached on your phone and updated when a connection is available). This means that if you lose your phone, data which has not synched will be lost. You therefore generally need internet access whenever you use the Plan, however the mobile-app will work without connectivity for short periods of time. The web-app needs constant internet connectivity to function correctly. If your subscription is paused or a payment fails, your paid for content will become inaccessible.
Technical requirements. In order to use the Plan you need to meet our technical requirements. Those requirements depend on the way you access the Plan and are:
- Android 4.4 (KitKat) or later
- Any phone that supports iOS 10:
- iPhone 5, 5C, 5S, SE, 6, 6 Plus, 6S, 6S Plus, 7, 7 Plus, 8, 8 Plus, X
- IE 10 or later
- Firefox v52+
- Chrome v58+ or
- Safari 5+
5.3.We are not responsible for delays outside our control. We do not guarantee that the Plan will always be available or that it will run without errors, as there may be events outside our control (for example our hosting company may experience unexpected outages). We will take reasonable steps to minimise unavailability and errors, and provided we do this we will not be liable for delays caused by the event.
5.4.Security. You access the Plan by using a password. If you lose or share that password, other people may be able to see your information, use this service in your name or terminate this contract. Please keep your password secure and please keep any email address you enter secure as that address will be used for password resets.
5.5.Resetting your password. If you are worried that your password is no longer secure or that you no longer trust someone you have shared your password with, please reset your password. This can be done from either the app or the web-application. Go to the settings menu on the home-screen, and choose ‘your account’, then ‘change password’. You will need to know your current password to change this. We recommend a password that is memorable, potentially a combination of words in a nonsensical phrase.
6.Price and payment
6.1.Free Tier. Once you have registered you will have access for free to selected features within the Plan. These features may include free modules, Mood Tracking and Insights, and Moments, but are subject to change. We reserve the right to withdraw your access to this free tier at any time.
Renewal is automatic. Until you or we end the contract,
- If you pay for 12 months when you place your order for our paid for services, your subscription will automatically renew at the end of that 12 month period and we will then take another payment for the next 12 months. The subscription will continue to renew in this way at the end of each 12 month period.
- If you pay for 1 month when you place your order, your subscription will automatically renew at the end of that 1 month period and we will then take another payment for the next 1 month. The subscription will continue to renew in this way at the end of each month (see clause 6.2 above for details).
6.4.Where to find the price for the Plan. The price of the Plan (which includes VAT) will be the price indicated on the order pages when you placed your order. We may vary the price of the Plan from time to time. If we do so, we will give you at least 90 days’ warning by sending an email to the email address we hold for you. We will not back date any price changes.
6.5.We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date of your next payment, we will adjust the rate of VAT that you pay for renewals (but we will not adjust any of your payments that you have made in full before the change in the rate of VAT takes effect).
6.6.Pausing payments. You may pause your payments at any time, for a maximum period of twelve months. To pause payment, go into the settings of your plan, select the “Pause” function and make your choices. Pausing payment means that we will not take another payment from the date which is one day after the date you pause payment until the end of the pause period. You will be able to use the Plan as usual until the last payment you made before you paused your plan runs out (so you can carry on using for the rest of the month or year you have already paid for).
6.7.Effect of pausing payments. Whilst payments are paused you will not be able to use the Plan or access your data (other than anything included in the free tier (see clause 6.1)), but we will not delete your data from our systems. If you have not reactivated the Plan within 12 months of pausing it we will delete your data. After a period of pausing we cannot guarantee that any data stored locally on your computer or phone (as opposed to on our platforms) would continue to be accessible.
6.8.When we refer to “data,” we mean any information that you have entered using the Plan and which is stored in our systems. This includes: email address, historic module answers and activities, mood ratings and activities, and Moments.
What happens if your employer is paying? If your employer is paying for your use of the Plan (you will have been told by your employer if this is the case), then:
- you have a contract with us direct but you do not need to pay us or provide payment details during that time and the provisions about payment, pausing payment, order numbers and renewals will not apply
- you may delete your account at any time (using the instructions in clause 7.1)
- your account will be closed and this contract will automatically terminate if your employer stops paying for your access to the Plan or we terminate this contract under clause 8
- if your employer stops paying and you wish to continue using the Plan you can subscribe to our service yourself through our website or the relevant app store on our normal terms
- whilst your employer is paying for your plan, we will report to your employer how many of its staff are subscribing for the Plan (and indicate on an aggregated basis the number of people using various modules that are being used), we will not tell your employer anything that allows the employer to work out that you are using the Plan.
7.How you can end this contract and what happens when you end it
7.1.You can end this contract at any time. To end this contract, first cancel any active subscription from the app’s My Subscription page (available from the settings menu). Alternatively, if you paid using In-App-Purchase cancel via your iTunes or Google Play account. Next log in to our website at www.my-possible-self.com and from the settings page select “Delete account”.
7.2.What happens to your payments when you end the contract? If you end the contract as described in clause 7.1, you will not be entitled to any repayment of subscription fees that you have paid in advance. As we will delete your account you will not be entitled to continue using the Plan.
7.3.We offer 12 month subscriptions in return for a lower fee, but in return we have the right to keep the full 12 month payment if you terminate before the 12 months is up. Please assess whether this meets your needs and circumstances before taking out a 12 month subscription.
7.4.Deletion of your data if you end the contract. If you end this contract we will, within 60 days of the end date of the contract, delete all personal information you have loaded into our systems by using the Plan including all your data (we explain what we mean by “data” in clause 6.8).
8.How we can end this contract and what happens when we end it
8.1.Ending the contract with 30 days warning. We may end this contract at any time by sending you not less than 30 days’ warning to the email address for your account.
Ending the contract without warning. We may end the contract at any time without giving you any warning period, by sending notice to the email address that you gave us when you submitted your order, if:
- you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; this includes payment not being made when a subscription is due for automatic renewal (as described in clause 6.3) and we are unable to obtain payment when we ask for it using your chosen payment method; or
- you break any of the other terms of the contract.
We may alternatively pause your subscription until any issue is resolved (the pause will take effect in the way set out in clause 6.6 and clause 6.7).
What happens to your payments when we end the contract?
- If we end the contract under clause 8.1. If we end the contract by giving you not less than 30 days’ warning as described in clause 8.1, we will refund to you any subscription fees that you have paid in advance, covering any period after the contract has ended.
- If we end the contract under clause 8.2. If we end the contract without giving you notice, for any of the reasons described in clause 8.2, you will not be entitled to any repayment of subscription fees that you have paid in advance.
8.4.Downloading your data. You may, at any time before your data has been deleted, receive a copy of any data we hold for you by emailing us at email@example.com.
8.5.Deletion of your data if we end the contract. If we end this contract we will, within 60 days of the end date of the contract, delete all personal information you have loaded into the Plan including all your data (we explain what we mean by “data” in clause 6.8).
9.Our responsibility for losses we cause you
9.1.We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
9.2.We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the use of the Plan.
9.3.If defective content which we have supplied as part of the Plan damages a device or other digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us (see clause 5.2).
9.4.We are not liable for business losses. We only supply the digital content contained in the Plan to you for domestic and private use. It is not intended for commercial or business use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or liability incurred by you to anyone else.
10.How we may use your personal information.
10.1.Data Protection Laws. We will comply with all of the data protection requirements which apply to us in the UK (or any changes to that legislation or new laws about data protection).
10.3.Your data that you have entered into the Plan. You will be entering personal data into the Plan in order to use the Plan (see clause 3 of these terms for more information). This personal data includes all your data, as explained in clause 6.8. All this data is encrypted on our systems; we may decrypt it to provide access to that data for you or for the purposes of operating the Plan and communicating with you about your subscription and this contract.
10.4.Deletion of personal data at your request. You can ask us to delete all your personal data from our systems at any time by logging in to the settings page of the Plan at www.my-possible-self.com and using the “Delete account” tool. We will then delete all the data within 60 days of the request, unless you log in again in the 30 days after you used the “Delete account” tool and use the “Re-start account” tool. Your data cannot be recovered after deletion. If you use the “Re-start account” tool within the 30 days allowed, you will be treated as never having cancelled your contract and we will take payments accordingly, including any sums needed to catch up on payments we have not taken after you used the “Delete account” tool.
How we will use your personal information. We will use the personal information you provide to us to provide the Plan. This consists of using it:
- to supply the Plan to you;
- to process your payment for the Plan;
- to manage your account (including to let you know of any issues with your payments);
- to inform you of any future special offers or discounts available in relation to the Plan (including at times when you have paused your account or selected “Delete account”), as long as you have opted-in during sign up; and
- if you agreed to this during the order process, to give you information about similar products that we provide, marketing updates and market research requests, but you may stop receiving this at any time by opting-out from the platform.
You may stop receiving marketing updates, market research requests, discounts and offers at any time by opting-out from the platforms account settings.
We may pass your personal data to certain third parties. We may:
- transfer your data to IT suppliers, web hosting suppliers or marketing agencies who will process that data as we require;
- where we use third parties to process your payments, pass your data to those third parties, who will process the data as we require and to the extent necessary for them to process the payments; and
- transfer your data to any buyer of our business in relation to the Plan. We may also give your personal data to other third parties, but only if the law either requires or allows us to do so.
10.7.We will not transfer any of your personal data outside the UK and the Republic of Ireland except for your email details which may be transferred to MailChimp in the US so that they can send emails to you for us. MailChimp have signed up to the EU-US Privacy Shield to protect your information.
When will the information you have uploaded to the Plan be deleted? This clause summarises the reasons for which we will delete all the information that you have uploaded to the Plan (which will include all backups: once this deletion has happened, we will be unable to recover the information):
- When you have ended the contract – please see clause 7.4
- When we have ended the contract – please see clause 8.4
- When your employer has stopped paying for your plan (if your employer was paying) – please see clause 6.9
- When you have asked us to delete it as described in clause 10.4
11.Other important terms.
11.1.We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you by email if this happens and we will ensure that the transfer will not affect your rights under the contract. You may terminate this contract in the way described above, if you do not like the transfer.
11.2.You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not consent if we believe that a transfer is unwise because the Plan is so closely linked to you and relate to your personal data.
11.3.Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.4.If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.5.Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the digital content contained in the Plan, we can still require you to make the payment at a later date.
11.6.Which laws apply to this contract and where you may bring legal proceedings? These terms are governed by English law and you can bring legal proceedings in respect of the Plan and related content in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
11.7.How to contact us. You can contact us via these contact details: firstname.lastname@example.org, which allow you to communicate about technical issues with the operation of the Plan or your subscription. We are unable to respond to other communications including about your mood or health. If you have a serious mental health condition or are at risk of harming yourself or another person, you should seek urgent medical advice from either your treating medical practitioner, a mental health care professional, an emergency department of a hospital or, if in immediate danger, call the emergency services.