DO NOT USE THIS APP OR SERVICE FOR MENTAL HEALTH EMERGENCIES OR OTHER EMERGENCY MEDICAL CONDITIONS OR NEEDS. IF YOU EXPERIENCE A MENTAL HEALTH OR OTHER MEDICAL EMERGENCY, IMMEDIATELY CALL 911.
If you are considering suicide or thinking about taking an action that may cause harm or danger to you or to others, you must immediately call 911. If you are considering suicide, we urge you to call the National Suicide Prevention Hotline at 1-800-273-TALK (8255). Unlonely also provides a directory of resources for mental health emergencies and other emergent circumstances, and we urge all users experiencing immediate or emergency crises to use these resources.
1. Terms and Conditions
Unlonely, LLC. (“Unlonely” “we”, “us”, “our”) owns and operates a website located at: www.unlonely.life (our “Website”) and a mobile application, “Unlonely” (our “App”), (all hereinafter collectively, the “Platform”), which allows registered users (“Users”, “you”, “your”) to connect and communicate directly with credentialed mental health professionals (the “Authorized Providers”), via text-based chat (our “Services”).
Unlonely has the right to revise this Agreement at any time without notice. Use of our Platform after such changes are posted, will indicate your acceptance of the revised terms. Unless stated otherwise, any new features that may be added to our Platform, from time to time, will be subject to these Terms and Conditions. Please visit this page periodically to review our then-current Terms and Conditions.
AGE REQUIREMENT: By downloading or using our Platform, you represent and warrant that you are at least 18 years of age. Your access to the Platform may be terminated without warning if Unlonely believes, in its sole discretion, that you are under the age of 18.
2. Authorized Providers and Services.
The Platform may be used to connect you with an Authorized Provider who will provide Services to you through the Platform. We require every Authorized Provider providing Services on the Platform to be a registered, trained, and experienced Practitioner Psychologist, Accredited Counselor, or similar applicable recognized professional certification. Authorized Providers must have a relevant academic degree in their field and must be qualified and accredited by their respective professional organization after successfully completing the necessary education, exams, training, and practice requirements as applicable.
Authorized Providers are independent contractors who have chosen to use Unlonely to provide Authorized Services. Authorized Providers are NOT employees nor do they otherwise act on behalf of Unlonely in providing Services. The relationship between you and any Authorized Provider, is a professional-client relationship to which Unlonely is not a party.
AUTHORIZED PROVIDERS ARE SOLELY RESPONSIBLE FOR THE MENTAL HEALTH SERVICES THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE, RECORD-KEEPING, AND ALL OTHER APPLICABLE PROFESSIONAL OBLIGATIONS, AS WELL AS COMPLIANCE WITH PRIVACY LAW.
As with any other health care consultation, no results can be guaranteed or assured in connection with our Services. Your Authorized Provider may determine that our Services are not appropriate for some or all of your treatment needs or that he/she is not permitted to provide the services you require and may elect not to provide our Services to you. Authorized Providers also have the discretion to discontinue the provision of our Services to you at any time and for any reason.
You are responsible for providing the Authorized Provider with the information that he/she advises is required in order to provide you with our Services. If you decline to provide that information, the Authorized Provider may not be able or willing to provide you with our Services.
As with any other health care services, there are risks associated with the use of our Services. In addition to any risks communicated to you by your Authorized Provider, there are risks unique to the electronic provision of mental health services, which include that the Unlonely Platform may not permit the transmission of information in a way that allows the Authorized Provider to provide our Services to you.
Authorized Providers must respond to any service requests within two (2) hours if the service request is made from 8:00 am to 4:00 pm seven (7) days a week,, at the time zone where you reside. Service requests made after 4:00 pm may receive responses on the following business day; however, authorized providers will make best efforts to respond to service requests within two (2) hours.
Authorized Providers are NOT permitted to prescribe medications.
3. Privacy and Security.
To protect the integrity of our Platform and Services, Unlonely reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing our Platform and Services.
4. Rules of Conduct and Account Eligibility.
1) provide true, accurate, current, and complete information about yourself as prompted by our Account sign-up form (understanding that during therapy sessions you may use a nickname);
2) 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 Unlonely has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current, or incomplete, Unlonely reserves the right to transition your treatment to another Provider outside of Unlonely or take other steps as appropriate;
3) certify that you (i) are over the age of eighteen (18), and (ii) physically located or are a resident of the State or Country you have chosen as your current residency when creating your Account; and
4) 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. Unlonely 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.
b. It is a condition of your use of our Platform that you use our Platform only for lawful purposes in accordance with this Agreement, and that you do not:
1) Attempt to circumvent and violate the security of our Platform by, including, without limitation:
(i) accessing content and data that is not intended for you;
(ii) attempting to breach or breaching the security and/or authentication measures, which are not authorized;
(iii) restricting, disrupting or disabling service to users, hosts, servers or networks;
(iv) illicitly reproducing TCP/IP packet header;
(v) disrupting network services and otherwise disrupting Unlonely’s ability to monitor our Platform;
(vi) using any robot, spider or other automatic device, process or means to access our Platform for any purpose, including monitoring or copying any of the material on our Platform;
(vii) introducing any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful; attacking our Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; or
(viii) otherwise attempting to interfere with the proper working of our Platform.
2) Access or use for any commercial purposes any part of our Platform or any services or materials available through our Platform;
3) Directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, in any form or medium whatsoever nor delete or alter any copyright, trademark or other proprietary rights or notices from copies of materials from our Platform except:
(i) Your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
(ii) A reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication or distribution of any kind on any medium whatsoever;
(iii) One single User copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use; and
(iv) In the event that social media are linked to certain content on our Platform, you may take such actions as our Website, App, and such third-party social media platforms permit.
4) Use our Platform or make User Submissions that:
(i) Are for any purposes other than logging and submitting your data to and communicating with your Authorized Provider;
(iii) In any manner, violates the terms of service of any third-party website that is linked to our Platform, including but not limited to, any third-party social media website;
(iv) Includes or contains any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Unlonely’s sole discretion;
(v) Involves stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations or code;
(vi) Involves, provides or contributes any false, inaccurate or misleading information;
(vii) Includes sending, knowingly receiving, uploading, downloading, using or reusing any material that does not comply with these Terms and Conditions;
(viii) Impersonates or attempts to impersonate Unlonely, an Authorized Provider, another User or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
(ix) Transmits, or procures the sending of, any advertisements or promotions without our prior written consent, sales or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter or advertising or any other similar solicitation;
(x) Encourages any other conduct that restricts or inhibits anyone’s use or enjoyment of our Platform, or which, as determined by us, may harm Unlonely or Users of our Platform, or may expose Unlonely or other Users to liability;
(xi) Causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass or alarm any other person;
(xii) Promotes any illegal activity, or advocates, promotes or assists any unlawful act; or
(xiii) Gives the impression that you originate from or are endorsed by us or any other person or entity, if this is not the case.
5. Intellectual Property Rights and Ownership.
The Unlonely Website, App and the information they contain are the property of Unlonely or its licensors and are protected from unauthorized copying and dissemination by copyright law, trademark law, patent law, industrial design law, and other intellectual property laws. Subject to these Terms and Conditions, Unlonely grants to you a revocable, non-transferable, non-exclusive license to download, install, and use one copy of our Platform on a mobile device or other supported device that you own or control for your personal, non-commercial use (the “License”). The Platform is hereby licensed to you and not sold. Source code as well as any other information pertaining to the logic, design, or structure of the Platform, including the object or executable code form thereof, is specifically excluded from the License granted hereunder.
Title to our Platform, and all documentation and material whatsoever related thereto, shall at all times remain with Unlonely, and all intellectual property rights of whatever nature with respect thereto shall be and remain the exclusive property of Unlonely. Nothing in this Agreement gives you a right to use Unlonely’s names, trademarks, logos, domain names, or other distinctive brand features without prior written consent from Unlonely. Any future release, update, or other addition to functionality of our Website or App shall be subject to the Agreement. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
6. Third-Party Content.
The Platform may contain other content, products or services which are offered or provided by third parties (“Third-Party Content”), links to Third-Party Content (including but not limited to links to other websites) or advertisements which are related to Third-Party Content. We have no responsibility for the creation of any such Third-Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third-Party Content.
OUR WEBSITE AND APP ARE PROVIDED “AS IS”. WHILE UNLONELY ENDEAVORS TO PROVIDE ACCURATE, CURRENT AND TIMELY INFORMATION, UNLONELY MAKES NO REPRESENTATION, WARRANTIES OR COVENANTS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING OUR WEBSITE OR APP INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION, WARRANTY OR COVENANT THAT: (I) OUR WEBSITE OR APP AND THEIR CONTENTS WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, TIMELY, OF MERCHANTABLE QUALITY OR SUITABLE FOR A PARTICULAR PURPOSE; (II) THE OPERATION OF OUR WEBSITE OR APP WILL BE UNINTERRUPTED OR ERROR FREE; (III) OUR WEBSITE OR APP SHALL PROCESS DATE AND TIME-RELATED DATA WITHOUT CAUSING ANY PROCESSING INTERRUPTIONS, ABNORMAL TERMINATION OR WITHOUT PROCESSING OR MANIPULATING ANY TIME-RELATED DATA; (IV) OUR APP WILL NOT DISAPPEAR OR BE ERASED FROM YOUR DEVICE; (V) OUR WEBSITE OR APP WILL BE FREE FROM MATERIAL DEFECTS OR THAT DEFECTS OR ERRORS, WHETHER HUMAN OR COMPUTER ERRORS, IN OUR WEBSITE OR APP WILL BE CORRECTED; (VI) OUR WEBSITE OR APP WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS THAT MAY DAMAGE OR INFECT YOUR DEVICE OR OTHER PROPERTY; OR THAT (VII) COMMUNICATIONS TO OR FROM OUR WEBSITE OR APP WILL BE SECURE AND/OR NOT INTERRUPTED.
YOU AGREE THAT YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ANY OTHER SECURITY INFORMATION RELATED TO YOUR USE OF THE PLATFORM. YOU AGREE TO NOTIFY UNLONELY IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR USERNAME OR PASSWORD.
8. Limitation of Liability.
IN NO EVENT SHALL UNLONELY OR ITS AFFILIATES, SUBSIDIARIES, AGENTS, INDEPENDENT CONTRACTORS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO MEDICAL OR PERSONAL INJURY; WRONGFUL DEATH; INACCURATE INFORMATION; LOST BUSINESS; OR ANY OTHER LOSS INCURRED IN CONNECTION WITH YOUR OR YOUR AUTHORIZED PROVIDER’S USE, MISUSE OR RELIANCE UPON OUR WEBSITE OR APP; YOUR OR YOUR AUTHORIZED PROVIDER’S INABILITY TO USE OUR WEBSITE OR APP; THE ACTS, OMISSIONS, CONDUCT, CONTENT PROVIDED BY OR STATEMENTS AND OPINIONS EXPRESSED BY ANY THIRD-PARTY; OR THE MENTAL HEALTH CARE YOU RECEIVE, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF UNLONELY OR ITS AFFILIATES, SUBSIDIARIES, AGENTS, INDEPENDENT CONTRACTORS, SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PROVIDED BY LAW, UNLONELY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED THEREON OR ON ANY WEBSITE LINKED TO OUR WEBSITE OR APP.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE 12 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (Limitation of Liability) shall survive the termination or expiration of this Agreement.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS UNLONELY AND ITS AFFILIATES, SUBSIDIARIES, AGENTS, INDEPENDENT CONTRACTORS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, COSTS, OR EXPENSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND DISBURSEMENTS, RESULTING DIRECTLY OR INDIRECTLY FROM: (I) YOUR BREACH OF ANY OF THESE TERMS AND CONDITIONS; (II) YOUR OR YOUR AUTHORIZED PROVIDER’S DOWNLOAD, USE, OR MISUSE OF, OR RELIANCE UPON, OR INABILITY TO ACCESS OR USE OUR WEBSITE OR APP; (III) YOUR USE OR ACCESS OF ANY LINKED WEBSITES, SUCH AS THIRD-PARTY WEBSITES; (IV) ANY USER SUBMISSIONS, CONTENT, MATERIALS, POSTING OR INFORMATION ON OUR WEBSITE OR APP; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT, LOGIN CREDENTIALS, TRANSMISSIONS OR DATA, INCLUDING YOUR AUTHORIZED PROVIDER’S FAILURE TO KEEP PASSWORDS, ACCOUNT DETAILS AND ANY PERSONAL INFORMATION OR PERSONAL HEALTH INFORMATION SECURE AND CONFIDENTIAL; (VI) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY; (VII) CHANGES TO OUR WEBSITE OR APP; (VIII) OUTCOMES IN YOUR TREATMENT OR ENGAGEMENT WITH YOUR AUTHORIZED PROVIDER; (IX) INACCURACY OF THE INFORMATION YOU OR YOUR AUTHORIZED PROVIDER ENTERS OR ALLOWS SOMEONE ELSE TO ENTER INTO OUR APP; OR (X) MISUSE OF INFORMATION TRANSMITTED TO OR BY YOUR AUTHORIZED PROVIDER OR OTHERWISE.
This section (Indemnification) shall survive the termination or expiration of this Agreement.
10. Modifications to our Website and App.
Unlonely reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, our Platform or any part thereof, with or without notice to you. Unlonely shall not be liable to you or to any third party for any modifications, suspension or discontinuance of our Platform or any part thereof. If Unlonely becomes involved in a merger, acquisition, or a sale of some or all of its assets, Unlonely reserves the right to re-brand or relocate its services.
11. Notice to California Residents.
The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of (marriage and family therapists, clinical social workers, or professional clinical counselors). You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.
12. Subscriptions and Promotions.
Unlonely reserves the right, in its sole and absolute discretion, to determine your eligibility for any promotional offer pursuant to the applicable Promotional Terms. Unlonely reserves the right to change, amend and alter then-current promotional offers or Promotional Terms as well as institute new promotional offers in its sole and absolute discretion. Unlonely 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.
Unlonely may offer Trial Subscriptions 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 and Conditions.
13. Payments and Reimbursements.
Unlonely subscriptions automatically renew and can be canceled at any time through your account settings. You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.
You agree to pay all fees and charges associated with your Account on a timely basis and according to the terms and the rates as published in the Platform.
Unlonely uses Apple Payments Inc. (“Apple Pay”) the Apple Pay “Direct Payments Service” to allow you to authorize the use of funds in your Apple Pay Payment Account to make payments directly to Unlonely from time to time (each, a “Payment”). There are no fees for using the Direct Payments Service. When you make a Payment to Unlonely utilizing the Direct Payments Service, you authorize Apple Pay to withdraw the necessary funds from your Payment Account in accordance with your instructions, which may be provided either to us directly or to the business to which you are making the Payment.
Please call (877) 255-5923 if you think a mistake has occurred in connection with a Payment. If you have a refund request or questions about your Apple Cash Account with your Bank, please call (877) 233-8552. You can also find additional information regarding Apple Payments at www.applepayments.apple.com.
Unlonely and Authorized Providers working on the Unlonely platform do not file for reimbursement or endorse the filing for reimbursement by members from any private or state or federally funded insurance programs, including but not limited to Medicare, Medicaid, TRICARE, Veterans Affairs health care, state assistance programs, or the Government Health Insurance Plan, for therapy provided through Unlonely or any of its affiliated businesses.
Unlonely may, in its sole discretion, cancel or terminate your right to use our Platform or any part of thereof at any time without notice. Cause for such termination may include, but is not limited to: (a) breaches or violations of this Agreement or any other agreement that you may have with Unlonely; (b) requests by law enforcement or other government agencies; (c) a request by you; (d) discontinuance or material modification to our Website or App or any part thereof; (e) unexpected technical, security, or legal issues or problems; and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities.
In the event of termination, you are no longer authorized to download our Platform. The restrictions imposed on you with respect to the disclaimers and limitations of liabilities set out in this Agreement shall survive termination of this Agreement. Unlonely shall not be liable to you or to anyone else for such termination. Any termination by Unlonely of this Agreement and your right to use our Platform shall be in addition to any and all other rights and remedies that Unlonely may have.
15. Governing Law.
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida. If any action, suit or is instituted as a result of any matter or thing affecting this Agreement, the parties hereby designate Hillsborough County, Florida, as the proper jurisdiction and the venue in which same is to be instituted.
16. Relationship of the Parties hereto.
No partnership, joint venture, agency or employment relationship is created as a result of this Agreement, and neither party to this Agreement has any authority of any kind to bind the other in any such respect.
17. Force Majeure.
Unlonely and its affiliates, subsidiaries, agents, independent contractors, shareholders, directors, officers, employees, and their respective successors and assigns shall not be liable or responsible to you, nor be deemed to have defaulted or breached the Agreement for any failure or delay in fulfilling or performing any of these Terms and Conditions or in providing our Services when and to the extent that such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Unlonely and/or its affiliates, subsidiaries, agents, independent contractors, shareholders, directors, officers, employees, including but not limited to, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, governmental emergency orders or restrictions, lock-outs, strikes or other labour disputes, restraints or delays affecting carriers or inability or delay in obtaining suppose of adequate or suitable materials, materials or telecommunication breakdown, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather or power outage. Notwithstanding the foregoing, this agreement shall continue in full force and effect.
If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, by any court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
Any consent by Unlonely, either express or implied, to, or waiver of, a breach of this Agreement shall not constitute a consent to, or waiver of, any other or subsequent breach. No provision in this Agreement may be amended or waived except in writing.
20. Benefit of the Agreement.
This Agreement shall ensure to the benefit of Unlonely and its successors and assigns, and shall be binding on you, your heirs, executors, administrators, successors and permitted assigns. You may not assign this Agreement or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without the prior written consent of Unlonely.
21. Entire Agreement.