Terms and Conditions

Last updated: December, 2017

What are the Mental Snapp Terms and Conditions?

These are the details of the contract between you and us and relate to your rights and responsibilities (and our rights and responsibilities) around use of our App.  If you use our App then you will be treated as having agreed to these terms and also to our Privacy Policy (which you can access on https://mentalsnapp.com/privacy-policy/).  Please do not attempt to use our App unless you are over eighteen.

Can the Mental Snapp Terms and Conditions change?

We may have to change our terms (and, as a result, the contract between us) to reflect changes in the law or in our App.  If we do make changes then we will contact you to let you know and you will have the option to stop using our App.

What is the Mental Snapp Service?

We make our App available to you to record and store the videos that you make (subject to the storage limits explained below). We do not offer any medical or other healthcare advice to you and we do not look at your recordings. As a result, any communication that you receive from us is fully-automated.  We recommend that you seek the help of a healthcare professional for the treatment of any mental health issues that you may have.

What does the App do for me?

Our App allows you to:
• post, link, store and share videos relating to your mental health;
• rate your videos according to mood (so we can provide graphs of variations in your mood as well as your usage of the App); and
• participate in our guided exercises that are designed to support you to gain insight into your mental health.

What do I have to do to use the App?

Simply follow the instructions on our website!  Once you have recorded [20] videos, we will contact you and ask you if you want to subscribe to our storage service.  It is entirely up to you, but we can only store more than twenty of your videos if you subscribe and pay our fee.  If you choose not to subscribe then you can keep using our App but each time that you record a video, the oldest video in your file will be deleted.  If you choose to subscribe, then we will also offer you additional services, including automated monitoring of your use of the App which, in the circumstances selected by you, will trigger the responses selected by you.  Those responses will also be automated and might, for example, be a warning text to the friend nominated by you or, in some circumstances, an e-mail to your GP.  We do not give advice and you should always seek the help of a medical professional where necessary.

Are there any restrictions on my use of the App?

As you will appreciate, we expect you to enter only honest and lawful (and not illegal or offensive) names and other information in our on-line forms.   We also ask you to act responsibility around our App, including keeping your login details for our App secure, complying with the law when using it and respecting the rights of others to use the App as they consider appropriate.  You are responsible for ensuring that the device on which you use the App is suitable and authorised for such use and for protecting it from viruses etc.  You are also responsible for maintaining the network access that you will need to use our App and for backing up any content of the App.

Our rights in relation to the App

We do not look at your videos or allow anyone else to look at them.  However, we do reserve the right to block your access to the App if we believe that you are misusing it in any way.  We will also block access if we believe that there is an issue with the security of your account and you should let us know immediately if you think that there is such an issue.

Your rights in relation to the App

We allow personal use of our App only, as it is not licensed for business use.  As you will appreciate, we grant licences to many users and your use is not exclusive.  As the App was not written specifically with you in mind, please check that it properly meets your needs.  The App is our property and we ask you not to do anything inconsistent with our ownership rights, including copying our App or using any method to access its source code; make any money out of our App; or removing any evidence of our ownership rights. 

Will the App always be available to me?

We do need to repair and maintain our App from time to time and we are reliant upon service providers to make the App available.  However, taking those things into account and acknowledging that we cannot guarantee that the App will be uninterrupted or error free, we will do our best to make the App available to you at all times

Will the App change?

From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.  If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.

Who owns my videos and how can they be used?

You own your videos and they cannot be used except by you (although this does not prevent us from blocking your access to the App as set out above).  You give us the limited rights to your videos which are necessary to provide our services under the App.

Can I share my App account with someone else?

Your App account is intended to help with your mental well-being and it is not appropriate for you to share it with anyone else or to transfer your account to someone else.  However, you can if you choose, show your videos to a professional, or download them for your personal use.  If you sell or give away the device on which our App is installed, please delete our App first.

You acknowledge and agree that:
• We are in no way linked, connected or affiliated with Apple, Google, Microsoft or any other app-store provider;
• Access to and use of the App may be limited by your network carrier and will be limited if you are attempting to access the App from outside the United Kingdom;
• You acknowledge you will not be able to access and use certain functionalities of the App unless you have internet access through a GPRS, 3G, 4G or Wi-Fi connected device. All traffic charges or access charges incurred due to the use of the App are subject to your agreed terms with your network provider;
• Neither your airtime provider nor any app-store or app-store operator (including but not limited to the “App-Store” or “Google Play” marketplace) shall bear any responsibility or liability whatsoever in relation to sale, distribution, functionality, accessibility, performance or non-performance of the App;
• Your airtime provider and any app-store or app-store operator (including but not limited to the “App-Store” or “Google Play”) are third party beneficiaries in respect of this clause and accordingly have the right to enforce the provisions of this clause;
• We are solely responsible for providing any support and maintenance in respect of the App; and
• You will comply with any third party terms and conditions which may be applicable from time to time in relation to your use of the App.
Further, where you have obtained the App from the Apple ‘AppStore’, you acknowledge and agree that:
• You are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a ‘terrorist supporting’ country;
• You are not listed on any US Government list of prohibited or restricted parties;
• These Terms are concluded between you and us and accordingly Apple is not a party to these Terms;
• Apple has no obligation to provide any maintenance and support services in respect of the App;
• If the App fails to conform to any warranty herein, you may notify Apple following which Apple will refund you the purchase price paid for the App (if any). Apple will have no further liability whatsoever in respect of any such failure;
• Apple has no responsibility to address any claims by you or any third party whatsoever with respect to the App;
• Apple shall not be responsible for any claims made by any third party that the App infringes any third party intellectual property rights; and
• ‘AppStore’ and ‘Apple’ are trade marks of Apple Inc.]

How can I stop using the App?

You and we have the right to terminate the agreement between us at any time by giving 30 days’ notice.  In our case, our contact details are below.  In your case we will use the contact details that you last gave to us.  During the 30 days’ notice you may, unless we also exercise our right to block your access to your account, download your videos from the App.  After the 30 days we are entitled to delete all videos and you will not have access to them (although we may have to store them to meet our legal obligations).

What are my rights against Mental Snapp?
We will use reasonable care and skill in providing our service to you and accept liability for failing to do so, nor do we limit or exclude our liability in any way which is prohibited by law.  If our App damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We do not accept any other liability in relation to our App (including in respect of third party links included in it).

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

A few final points
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.  You may only transfer your rights and obligations under these terms with our consent.

These terms are governed by English law and you can bring legal proceedings in respect of the App in the English courts. If you live in Scotland you can bring legal proceedings in respect of the App in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the App in either the Northern Irish or the English courts.

Any questions?
If you have any questions or comments about these terms and/or the App, please contact us by email at feedback@mentalsnapp.com, by telephone on 0800 9708363 or by post at Mental Snapp Ltd, 101 Bramshot Avenue, London, SE7 7HX.