Terms & Conditions
These terms and conditions explain the basis upon which we contract with you and provide you with access to our platform, app and website (together the “MPS Suite”). Please read the following important terms and conditions before you proceed and check that they contain nothing that you are unwilling to agree to.
Please note that whilst we have put the content of the MPS Suite together with Priory Healthare which is a well-known provider of mental health, psychoeducational and well-being content, the content of the MPS Suite is not intended in any way to be a substitute for professional medical advice, or treatment. The MPS Suite is a general purpose health information service and contains self-help educational and learning content for people with anxiety, stress and/or low mood. Always seek the advice of your doctor or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read within the MPS Suite. If you think you may have a medical emergency, speak to your doctor or contact the emergency services immediately.
USE OF THE MPS SUITE: ONCE YOU HAVE DOWNLOADED OUR APP YOU WILL NEED TO REGISTER WITH US TO BE ABLE TO ACCESS OUR CONTENT AND USE THE MPS SUITE. YOU WILL ALSO NEED TO ACCEPT OUR TERMS AND CONDITIONS. DOING THIS MEANS THAT YOU WILL BY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THEM DO NOT REGISTER WITH US OR ACCEPT OUR TERMS. IF YOU DO NOT ACCEPT OUR TERMS YOU WILL NOT BE ABLE TO USE THE MPS SUITE.
These terms explain the rules for using this service.
You should PRINT a copy of these Terms for future reference or email a copy to yourself.
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund of any subscription charges you have paid for content on the MPS Suite. You do not have this right to cancel and get a refund once a download of this content has started or you have been given access to this content and you have accepted this.
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality. If your digital content is faulty, you’re entitled to a fix (if possible) or a replacement.
If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
This is a summary of some of your key rights. For detailed information from Citizens Advice, please visit www.citizensadvice.org.uk or call 03454 04 05 06.
The information in the above summary sets out some of your key rights. It is not intended to replace the contract below which you should read carefully.
These terms cover:
- Your legal rights and responsibilities;
- Our legal rights and responsibilities; and
- Certain key information required by law.
These terms and conditions contain the following sections:
- Who we are and how we contact you, how to contact us and what to do if you would like these terms and conditions in another format;
- About the MPS Suite;
- Free Content, Subscription Content and Payment;
- No right to cancel;
- What happens if your Employer is paying;
- Ownership of Intellectual Property;
- Loss and Damage;
- Personal Information and Data Protection;
- Term and Termination; and
- Other important terms.
The following definitions will be used throughout these terms and conditions:
"Free Content" means any features/content in the MPS Suite that we provide free of charge as described in more detail at Section 4.
"Subscription Content" means any subscription we provide that incurs a charge as described in more detail at Section 4.
The MPS Suite has been built by My Possible Self Limited ("MPS", "us", "our” and "we"). It is protected by copyright.
You may only use the MPS Suite for non-business purposes and these terms are only available in English. No other languages will apply to these terms.
1.Who we are, how we contact you, how to contact us and what to do if you would like these terms and conditions in another format.
a)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 VAT number is 261762402.
b)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.
c)How to contact us. You can contact us by writing to us at email@example.com, which allows you to communicate about technical issues, or your Subscription Content. We are unable to respond to other communications including about your mood or health.
2.About the MPS Suite
a)i) The MPS Suite requires a mobile telephone, tablet or computer related device with an operating system capable of downloading and storing our app. Details of what is required are on the App Store and Play Store. Please ensure that your device meets these requirements.
ii) From time to time we may automatically update the MPS Suite to improve performance, enhance functionality, reflect changes to the operating system or address security or legal issues in respect of both Free Content and Subscription Content.
iii) 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 MPS Suite.
iv) The MPS Suite will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
What does the MPS Suite do?
i) The MPS Suite contains self-help educational and learning content for people with anxiety, stress and/or low mood. Its use is completely voluntary. It consists of a set of tools to help educate and equip people with the skills to self-manage their stress, anxiety and/or low mood.
ii) It is self-help material delivered via technology to mobile devices and/or computers.
iii) The tools are interactive and include mood tracking, self-help tips, self-assessments, motivational messages, journals and self-help interventions much of which are based on research and which aim to benefit you by:
(1) helping you to better understand your moods;
(2) helping you to notice patterns in your behaviours and become more self-aware;
(3) educating you in skills to better manage your mental wellbeing; and
(4) equipping you with skills and strategies needed to navigate through life.
iv) You will interact with the MPS Suite via the internet on your mobile devices and/or computers.
What the MPS Suite does not do?
i) Whilst we have put the content of the MPS Suite together with Priory Healthcare which is a well-known provider of mental health, psychoeducational and well-being content, the MPS Suite does not constitute a medical device, nor does any of the content on any of the above provide medical advice. Only a doctor, or qualified health or medical practitioner can provide such advice.
ii) The content within the MPS Suite does not provide treatment, or replace treatment provided by a health and/or mental health professional, nor does it diagnose you in relation to any medical condition. It is a general purpose health information service, which has not been tailored to any individual’s health needs.
iii) Whilst the content on the MPS Suite contains self-help information, MPS makes no promises, or provides any warranties, that use of the MPS Suite will provide a therapeutic benefit for its users. Nor do we make any statements, representations, or promises about the completeness, or suitability of any of the content, or functionality in the MPS Suite.
iv) Some of the information services which we provide such as our mood tracker, or some of the questionnaires, which you may complete if you use the MPS Suite require you to input information into the app, or website. The output from these functionalities does not constitute medical advice, diagnosis or treatment. They provide outputs based upon inputs from you. They do not diagnose your health condition, or put forward treatments and they are not to be relied upon to replace guidance from qualified medical practitioners.
v) If you have a medical condition, or believe that you may have, you must seek proper medical advice from a practitioner who is qualified to help you.
vi) If you have a serious mental health condition, or believe you may have, or you are at risk of harming yourself or another person, you should not use (or continue to use) the MPS Suite. You should seek urgent medical advice from your medical practitioner, a mental health care professional, an emergency department of a hospital or, if in immediate danger, you should call the emergency services.
User Account and Passwords
ii) You can access the MPS Suite by using a password. If you lose or share that password, other people may be able to see your information, access the MPS Suite and use this service in your name, or terminate this contract. You must keep your password secure as you are responsible for any use made of the MPS Suite from someone using your account. You should also keep any email address you enter secure, as that address will be used for password resets.
iii) 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 website. 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 that a password that is memorable, potentially a combination of words in a nonsensical phrase.
iv) If you wish to delete your account at any time you can do so by emailing us at firstname.lastname@example.org. Please note that if you delete your account you will not be entitled to a refund of any subscription charges that you have paid.
a) Subject to the terms and conditions set out in this document we grant to you a personal (i.e. non-commercial), non-exclusive, revocable, non-transferable and limited license to use the MPS Suite.
b)Our permission for you to use the MPS Suite is subject to the following restrictions:
i) You may not commercially exploit the MPS Suite, or any of its content, in any way for instance by selling, licensing or renting it to someone else;
ii) You will not copy or reproduce, the MPS Suite, or any of its content in order to build a competitive website for any other purpose;
iii) You will not translate, merge, adapt, vary, alter or modify, the whole or any part of the MPS Suite nor permit it to be combined with, or become incorporated in, any other programmes;
iv) You will not disassemble, de-compile, reverse engineer, or create derivative works based on the whole or any part of the MPS Suite nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited;
v) You must not use the MPS Suite in any unlawful manner, for any unlawful purpose; and
vi) You must not infringe our intellectual property rights or those of any third party in relation to your use of the MPS Suite.
4.Free Content, Subscription Content and Payment
a)Free Content: once you have completed the registration process on the MPS Suite, you will have access to some selected free features within the MPS Suite.
b)These features will vary from time to time and will be clear on the MPS Suite itself.
c)We reserve the right to withdraw your access to free content at any time.
d)Subscription Content: apart from the Free Content on the MPS Suite, the rest of the content is available on a subscription basis at the price indicated for in app purchases on the relevant app store.
e)The process for buying a subscription from us is as follows:
i) The MPS Suite will show the content that is Subscription Content and which will be available for purchase;
ii) You will be able to subscribe for Subscription Content by selecting an available plan for purchase;
iii) You will be able to purchase the Subscription Content be following the subscription pathway within the MPS Suite and the relevant store. Please read and check your order carefully before submitting it.
iv) When you complete our subscription process we will acknowledge this.
f)We may change the subscription price for Subscription Content from time to time. Any change to the subscription price will only take effect from the renewal date of your subscription (which will be at the end of a 1 month subscription period for 1 month subscriptions, or at the end of a 12 month subscription period for 12 month subscriptions). We will notify you of any change to the subscription price and you may then contact us to cancel the contract before the changes take effect.
g)Payment is made by you following the paywall processes within the MPS Suite and these vary according how you pay the subscription (i.e. through the App or Play store).
h)When you subscribe you authorise us to take payment in advance, either for a 12 month subscription period, or for a one month subscription period and you authorise us to take further payments until your subscription is ended.
i)For credit card, or PayPal payments, these later payments will be taken on the same day of the month, unless your normal payment date is later in a month (e.g. 31st) than the last day of the relevant month (e.g. June only has 30 days).
j)Your subscription will be renewed unless it is cancelled by you. If you pay for one month when you place your order, your subscription will automatically renew at the end of that one month period and we will then take another payment for the next one month. The subscription will continue to renew in this way at the end of each month. If you subscribed for 12 months, 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.
k)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).
5.No right to cancel
a)When you place an order for paid Subscription Content you will be asked to confirm that you consent to immediate access to or download of the Subscription Content from the MPS Suite and that by doing this you acknowledge that this means you lose your statutory right of withdrawal;
b)This means that you do not have the right to cancel this contract and get a refund once the automatic download or access to the Subscription Content on the MPS Suite starts unless the Subscription Content is faulty.
c)This does not affect the rights you have if:
ii) you paid for Subscription Content which is faulty (please see Section 7(a) to 7 (c) below); or
ii) your Free Content or paid for Subscription Content damages a device or digital content belonging to you and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation (please see Section 7(d) below).
6.What happens if your Employer is paying?
a)If your employer is paying for your use of the MPS Suite then you will not need to pay us, or provide payment and the provisions about payment and renewals will not apply.
b)We will agree a process with your employer for making access available to you and your right to use the MPS Suite will subject to a separate agreement between us and your employer.
7.Ownership of Intellectual Property
a)All intellectual property rights in the MPS Suite and its content belong to us (or our licensors) and the rights in the MPS Suite and its content are licensed to you (see Section 3 of these terms and conditions for details of the license.
b)You have no intellectual property rights in, or to, the MPS Suite or its content other than the right to use them in accordance with these terms.
8.Guarantees, Loss and Damage
Guarantees in relation to Subscription Content:
a)The Consumer Rights Act 2015 gives you certain legal rights in relation to Subscription Content you have paid for and it must be:
i) of satisfactory quality;
ii) fit for purpose; and
iii) match its description.
b)We must therefore provide you with Subscription Content that complies with your legal rights.
c)When we supply any paid for Subscription Content:
i) we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
ii) we do not promise that it is compatible with any software, equipment or device except where we have said that it is in the guide to its use or on our website or on the applicable App store; and
iii) you acknowledge that there may be minor errors or bugs in it.
d)Where your paid for Subscription Content does not meet the requirements set out in Sections 8 (a),(b) and (c) above please contact us using the contact details at the top of this page, if you want:
i) us to fix it;
ii) us to replace it;
iii) a price reduction; or
iv) to reject it and get a refund.
e)To avoid faults in any content (whether Free Content of Subscription Content) happening, you must:
i) install any fixes, updates, upgrades, new releases and new versions as soon as reasonably possible after we tell you that they are available to be downloaded;
ii) use it only on the recommended software, equipment or device set out in the guide to its use or on our website or on the applicable App or Play store.
f)If any content (whether Free Content of Subscription Content) which we have supplied damages a device or 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.
g)Tg) 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.
h)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.
i)As we have explained in Section 2 (c) above there are limitations to the content on the MPS Suite and you should read these to understand how to use the MPS Suite and what it should not be used for. We cannot be responsible for any loss or damage if you use the MPS Suite in a way for which it is not intended.
j)Although we make reasonable efforts to keep the content on the MPS Suite up to date, we don’t make any representations or give any warranties or guarantees (either express or implied) that the content is accurate, complete or up to date. We will update and maintain the content on the MPS Suite as we deem necessary from time to time.
k)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; or for breach of your legal rights in relation to the use of the MPS Suite.
l)We are not liable for business losses. We only supply the content contained in the MPS Suite 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.
m)m) We are not responsible for events outside our control. If our provision of the MPS Suite ceases or is delayed by an event outside our reasonable control then we will take steps to minimise the effect of the cessation or delay. Provided we do this we will not be liable for loss or harm caused by the event.
9.Personal Information and Data Protection
a)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.Term and Termination
a)The terms and conditions will apply while you are permitted to use the MPS Suite.
b)You may end these terms and conditions by:
i) de-activating your account at any time by emailing email@example.com and requesting that your account is de activated; and
ii) deleting the MPS Suite app completely from all devices.
c)You may end your subscription for Subscription Content if you do not renew it.
d)We may suspend, or terminate, your license to use the MPS Suite and any content on it for any serious breach of any of the terms contained in these terms and conditions such as:
i) if you breach any of the license restrictions or acceptable use restrictions in Section 3 of these terms and conditions;
ii) if we are subject to any laws or regulations which require us to end your use of the MPS Suite; or
iii) if we have security concerns in relation to your use of the MPS Suite.
e)If what you have done can be put right we will give you a reasonable opportunity to do so.
f)We also have rights to close your account. If we close your account, we will keep any subscription charges for the period when you had access to the MPS Suite but will refund any subscription charges you have paid for the period after this on a pro-rata basis.
g)Upon termination of your license we will, within 60 days of the end date of the agreement, delete all personal information you have loaded into the MPS Suite including all your data.
h)If this contract is ended it will not affect our right to receive any money, which you owe to us under these terms and conditions. If we close your account, we will keep any subscription charges for the period when you had access to the MPS Suite but will refund any subscription charges you have paid for the period after this on a pro-rata basis
11.Other important terms.
a)Your use of the MPS Suite and in particular the app is also governed by Apple and Android store Terms and Conditions for the jurisdiction in which you reside.
b)If you have any questions or complaints, please contact us. You can write to us at firstname.lastname@example.org.
c).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.
d)This contract is between you and us. No other person shall have any rights to enforce any of its terms. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
e)If a court finds part of this contract illegal, the rest will continue in force. Each of the Sections of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Sections will remain in full force and effect.
f)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 subscription content, we can still require you to make the payment at a later date.
g)These terms are governed by the laws of England and Wales and the English courts shall have exclusive jurisdiction in relation to any dispute arising under the terms of this agreement.
h)How to contact us. You can contact us via these contact details: email@example.com, 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.
i)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.
Copyright/Trademark Information: Copyright © 2021 My Possible Self