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Terms of Service

Last modified: November 8th 2023

DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR LOCAL EMERGENCY CONTACT NUMBER, OR OTHER NATIONAL EMERGENCY PHONE NUMBER DEPENDING ON YOUR LOCATION.

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 relevant emergency service number, notify the relevant authorities, and seek immediate in person assistance.

Please read these Terms of Use carefully ("Terms"). These Terms govern and apply to your access and use of the communication platform offered by Ayya Africa in connection with the online therapy services we provide via the Ayya Africa website at www.ayya.app (“Website”) and Ayya Africa mobile app (“App”) (all hereinafter collectively, “Ayya Africa” and the "Service(s)") and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content"). By accessing or using the Service, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you are not authorized to use the Service. The terms “you", "your”, and “yourself” refer to the individual user of the Service.

These Terms are between you and Ayya Africa, and not with the App Provider (such as the Apple App Store, Google Play Store, or other similar platforms) where the App is made available (each such distribution platform an "App Provider"). The App Provider has no obligation to furnish any maintenance and support services with respect to the App. Any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App will be the sole responsibility of Ayya Africa.

Emergency Contact Information

You agree to provide “Emergency Contact Information” (name and telephone number) for your personal contact and/or a close family member/relation to your Provider (defined below) to be used in case of a mental health crisis or other emergency where knowledge of your location is crucial and you agree to obtain their consent before providing their Contact Information to your Therapist.

You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of the information you provide regarding your age, residence, and Emergency Contact Information and that the Providers you access (“Provider(s)”) are relying upon this certification in order to interact with you and provide the Services.

By subscribing to our Services you agree to these Terms and you acknowledge that we handle the information you provide us in accordance with our Privacy Policy.

Account Eligibility and Enrolment

To access the Services, you must first enroll to establish an individual user account (“Account”), by providing certain information as set out in the Privacy Policy. 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 messages to you, you agree to:

  • Provide true, accurate, current, and complete information about yourself as prompted by our Account enrollment form (understanding that during therapy sessions you may use a nickname); and
  • To maintain, and promptly update such Account information, each time you log on, as far as possible to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Ayya Africa has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current, or incomplete, Ayya Africa reserves the right to transition your treatment to another Provider outside of Ayya Africa or take other steps as appropriate.
  • Certify that you are (i) over the age of eighteen (18) or have the legal ability to consent to the Services or have your Parent/Guardian consent to the Services, and (ii) physically located or are a resident of the State or Country you have chosen as your current residency when creating your Account.
  • Remain responsible for maintaining the confidentiality of your Account password and username (if any), and any other security information related to your Account at all times. Ayya Africa 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.
Acceptable Use

You agree not to access or use the Services 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 any of the following:

  • Information that is unlawful, libelous, defamatory, abusive, vulgar, obscene, racist, fraudulent, predatory of minors, harassing, threatening or hateful to any person
  • Unsolicited email and/or advertisement or promotion of goods and services
  • Any content that may cause damage to a third party
  • Any content which may constitute, cause, or encourage a criminal action or violate any applicable law
  • 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, keystroke logger, spyware, adware, 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, malicious code, or other means to access the Service for any purpose. Neither Ayya Africa nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.

If you download the App, you agree 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.

Providers

You are always advised to exercise a high level of care and caution when 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 using or combining Ayya Africa with traditional face-to-face appointments, solely because of information you saw on the Website or App or advice you received through the Provider. Ayya Africa supports a holistic approach to mental health and the choices you have, to create the best therapeutic journey that matches your individual needs. If you feel that the Provider does not meet your expectations, you may change to a different Provider at any time.

Other than the guidance and advice you receive directly to you from your Provider, the graphics, educational and research sources and other incidental information on the Website or the App Content, 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 Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Ayya Africa does not endorse any specific tests, medications, products, or procedures.

Ayya Africa reserves the right to limit the scope of clinical practice provided.

Intellectual Property

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

"Ayya Africa," "Online SMS Therapy" and “Live Video Therapy Sessions” are copyrighted terms. All rights reserved. Subject to the Terms of this Agreement, Ayya Africa hereby grants you a limited, revocable, non-transferable, and non-exclusive license to use the software, network facilities, content, and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service.

The license granted herein does not permit you to, and you agree not to:

  • Modify, translate, reverse engineer, disassemble, decompile, or create derivative works of the Service 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 Service
  • Transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service 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.

WITHOUT LIMITING THE FOREGOING, AYYA AFRICA 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 AGREE THAT YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ANY OTHER SECURITY INFORMATION RELATED TO YOUR USE OF AYYA AFRICA. YOU AGREE TO NOTIFY AYYA IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR USERNAME OR PASSWORD.

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. AYYA AFRICA 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 OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, APP OR SERVICES OR OTHERWISE ARISING OUT OF, OR IN RELATION TO, THESE TERMS, YOU AGREE THAT AYYA AFRICA’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER CONTRACTUAL, TORTIOUS OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF PAYMENT MADE BY YOU TO AYYA IN THE PAST 12 MONTHS, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

UNDER NO CIRCUMSTANCES SHALL AYYA AFRICA, ANY AYYA AFRICA 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, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

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.

Hyperlinks

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 Ayya Africa, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship to Ayya Africa.

Ayya Africa does not endorse the content on any third-party websites. Ayya Africa 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. Ayya Africa 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.

Termination

Ayya Africa has the right (but not the obligation) to refuse to provide access to the Service to any person, agency, or organization for any illegal or improper use of the service, nonpayment or other material misuse of the services. Ayya Africa reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.

Vouchers / Coupons / Promotions & Trial Subscriptions

To redeem your coupon or voucher code, you must provide Ayya Africa with the requested coupon or voucher information. Promotional offers may not be combined with other promotional offers associated with any account that you own, unless otherwise expressly permitted in the applicable terms associated with each promotional offer (“Promotional Terms”). Ayya Africa reserves the right, in its sole and absolute discretion, to determine your eligibility for any promotional offer pursuant to the applicable Promotional Terms. Ayya Africa reserves the right to change, amend and alter then-current promotional offers or Promotional Terms as well as institute new promotional offers, from time to time and at any time, in its sole and absolute discretion. Ayya Africa does not guarantee that any promotional offers are or will be available to you at all, or in connection with any services desired by you.

From time to time, Ayya Africa may offer a Trial Subscription (“Trial Subscription”) to receive introductory services. You may only receive one Trial Subscription. Without limitation, any attempt by You to receive more than one Trial Subscription, such as by creating alternate accounts, will be considered a material breach of these Terms.

Refunds

Except as prohibited under applicable law, Ayya Africa may at its sole discretion provide a full, partial, or pro-rated refund for services rendered.

Governing Law & Disputes

The Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or their subject matter or formation or the use of the Services shall be governed by and construed in accordance with the laws of United Republic of Tanzania, subject only to mandatory provisions of consumer law in the country in which you reside.

You agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Services, the Terms or their subject matter or formation.

General

Ayya Africa’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 Ayya Africa may be delivered by electronic mail to the address provided during the creation of your Account. These Terms constitute the entire agreement between Ayya Africa and yourself regarding the Service and supersede and replace any prior agreements you and Ayya Africa might have regarding the Service. Ayya Africamay revise these Terms from time to time without notice to you, except for material changes. 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 Terms periodically.

These Terms of Use were last updated on November 8, 2023, and are deemed effective as amended as of this date.