Terms and Conditions

Please read these terms and conditions carefully before using Our Service. Note that the Hyka App is not intended for use in medical emergencies, including suicidal events. If you are in urgent need of medical assistance, call 911.Interpretation and DefinitionsInterpretationThe words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.DefinitionsFor the purposes of these Terms and Conditions:Application, or App for short, means the software program provided by the Company downloaded by You on any electronic device, named HykaApplication Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.Country refers to: Delaware, United StatesCompany (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Hyka Therapeutics Inc., 13 Bolton St. Somerville, MA 02143.Device means any device that can access the Service such as a computer, a cellphone, smartphone, or a digital tablet.Service refers to the Application.Content means the text, images, and other media found within the Hyka app or on related websites administered by the Company.Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.AcknowledgmentThese are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.Relation to Medical ServicesThe Hyka App does not provide You with professional medical services, but rather serves to connect You to licensed health care providers and other partners who do. The Hyka App can assume this connective role before, during, and after treatments rendered by these third-party organizations. The term “connect” should be taken to mean a limited set of interpretations including assistance in finding available providers, the presentation and collection of onboarding documents, appointment scheduling, and specific data shared with providers of Your medical service, relevant to Your treatment. Please read Our Privacy Policy carefully before using Our Service. By accessing or using the App, You accept these Terms and thereby acknowledge that Hyka is not responsible for the professional medical services You engage with or any consequences thereof, direct or implied. Further, the Company is not liable for disclosure of Your confidential information by the provider of medical services nor any harm caused by their negligence or misconduct. The Company is not a health care provider and is not licensed to practice medicine in any state. The Content of the App, including text based on principles of cognitive behavioral therapy, is provided for informational purposes only. The Hyka App is a self-help tool and does not serve as a substitute for medical care from a qualified provider. Your use of any information found within Our Content is entirely at Your own risk. The Company does not warrant that any Content provided by the App will be accurate. Hyka assumes no obligation or liability to You or any other party for reporting any risk You may disclose in using the App. The Hyka App is not intended for use in medical emergencies, including suicidal events. If You become suicidal or are in urgent need of medical assistance, call 911.Account SecurityYou agree to preserve the security of Your account credentials and assume responsibility for any third-party who has the capacity to access Your account on Your behalf. By using Our Service, You agree to notify Us of any form of security breach immediately. You agree not to impersonate others or falsify account credentials, or to interfere with the operation of the App, its servers, and associated infrastructure. Specifically, you are not permitted to collect data from the App or associated websites, unless you have written permission from the Company. While the Company has implemented and maintain reasonable technical, physical, and administrative security measures intended to protect against unauthorized use, disclosure, alteration or destruction of the personal information We collect and maintain, We cannot guarantee or warrant the security of any information You transmit to or from Our Services. Changes to the ServiceWe reserve the right to include or exclude You from any testing of new features or functionalities we may develop for Our Service. We may, in Our sole discretion, but without obligation, update the App. Updates may modify or remove features or functionality. By accepting these terms, You agree that the Company has no obligation to provide updates or continue to serve You with specific features or functionality. Proprietary ContentThe Hyka App and its Content are the property of Hyka and/or its third-part licensors. Subject to Your compliance with these terms, we grant You a revocable, conditional, limited license to access and use the Hyka App solely for personal, non-commercial purposes. You agree not to sell or otherwise re-distribute Our Service, make derivative use of the App or its Content, use any method to extract information or data from Hyka, or use the App outside of its intended purposes. Further, You agree not to reverse engineer or derive proprietary code from the App or related Services. Links to Other WebsitesOur Service may contain links to third-party web sites or services that are not owned or controlled by the Company.The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.TerminationWe may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.Upon termination, Your right to use the Service will cease immediately.Limitation of LiabilityNotwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law."AS IS" and "AS AVAILABLE" DisclaimerThe Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.Governing LawThe laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.Disputes ResolutionIf You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.United States Legal ComplianceThe Hyka App is intended for use in the United State of America. You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.Severability and WaiverSeverabilityIf any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.WaiverExcept as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.Translation InterpretationThese Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.Changes to These Terms and ConditionsWe reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.Contact UsIf you have any questions about these Terms and Conditions, You can contact us by email: hello@hyka.io