Terms of Service

Last Updated: 5/3/24

Welcome to STRESSAWAY!

STRESSAWAY, LLC. (“STRESSAWAY”) builds XR (virtual reality and augmented reality) and other digital fitness and wellness experiences, which are made available through our software application (the “App”) and our website (the “Site”). Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the Site, our App, and the services and functionality accessible via the Site and our App. To make these Terms easier to read, the Site, the App, and our services are collectively called the “Services.”

Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND STRESSAWAY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE SECTION TITLED “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy. Our Privacy Policy is located at www.STRESSAWAY.app/privacy-policy.

Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in “Effect of Changes on Arbitration,” you should discontinue using the Services. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

USING THE SERVICES

Eligibility. You may use the Services only if you are 16 years or older and are not barred from using the Services under applicable law.

Registration and Your Information. If you want to use certain features of the Services, you’ll have to create an account (“Account”). It’s important that you provide us with accurate, complete, and up-to-date Account information and update this information as needed. You shouldn’t disclose your Account password to anyone, and you should notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether you know about them or not.

Session Data. The App may measure, collect and store information or data related to your eye and head movement, heart rate and breathing, and your mood and feelings (measured through your responses to surveys and questionnaires in the App). Such information and data is collectively referred to as “Session Data”.

Processing and Storage of Personal Information. As part of your use of the Services, you agree to the processing and storage of your personal information in the United States, including the processing and storing of your personal information in the United States for the purposes of processing payments and tracking individual use of the Services. By using the Services, you acknowledge that you understand and agree that the United States may not have the same level of protections for your personal information that exists in your country of residence, and you nonetheless consent to the processing and storage of your personal information in the United States. We will take measures as required to comply with applicable law regarding the transfer, storage, and use of certain personal information.

Not a Medical Treatment. Please note that STRESSAWAY does not provide any medical advice, diagnosis or engage in the practice of medicine. The Services are not intended to be and do not constitute a substitute for professional medical advice, diagnosis, or treatment. The Services, and all content made available through the Services, is for informational and entertainment purposes only. You acknowledge and agree that (a) STRESSAWAY is not a healthcare provider or wellness instructor; (b) the Services (including any recommendations and any information available through the Services that may be personalized) may not be appropriate for you and does not constitute or replace medical advice; and (c) STRESSAWAY is not responsible for any results that may (or may not) be obtained from the use of the Services. You acknowledge and agree that it is your sole responsibility to consult with your personal physician regarding any medical condition, impairment, or disability, including those that may prevent or limit your ability to use the Services. You further understand and agree that you are solely responsible for abiding by your personal physician’s recommendation as to any such medical restrictions, and for using the Services solely in accordance with your personal physician’s advice. You assume full responsibility for the use of any information obtained through the Services and agree that we’re not responsible or liable for any claim, loss, or damage arising from using that information. If you rely on any information provided through the Services, you do so at your own risk.

Personal Non-Commercial Use. The Services are made available solely for personal non-commercial use. You may not exploit the Services or any of its features or Content for commercial or business purposes, or otherwise use the Services in a manner that is inconsistent with these Terms.

Feedback. We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at support@STRESSAWAY.app. Any Feedback that you provide to us will be treated as non-proprietary and non-confidential, and you hereby grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any and all purposes, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. Any such Feedback will not be returned to you and STRESSAWAY has no obligation to acknowledge receipt of or respond to any Feedback. If you submit Feedback, you represent and warrant that you own or otherwise control the rights to your Feedback, and you agree to indemnify STRESSAWAY and its affiliates for all claims arising from or in connection with any claims to any rights in any Feedback or any damages arising from any Feedback.

Organizational Offerings. Certain organizations (for instance, universities, hospitals, and companies) (“Organizations”) may purchase and make the Services available to their employees and members. In some cases, these Organizations may supplement these Terms with their own terms and conditions, which may include additional terms around subscription redemption, usage, or supplementary payment for accessing the Services. In such an event, the additional Organizational terms and conditions shall also apply to your use of the Services. In the event of any conflict with such additional Organizational terms and these Terms, the additional Organizational terms shall prevail.

FEES, SUBSCRIPTIONS, AND VIRTUAL ITEMS

We may charge fees associated with certain Services, including, without limitation, for subscriptions to certain Services (“Subscriptions”), the download of Apps, and the purchase of virtual goods, add-ons, or benefits (“Virtual Items”). Such products or Services may be made available for purchase on specified pages of the Site, within the Apps, on third-party App stores and marketplaces (“App Providers”), or otherwise as indicated through the Services. The price of any product or service purchased through the Services will be the price specified at the time of your purchase. Prices for all products and services exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges. Your purchase of any App, Virtual Item or other content constitutes your representation and warranty that you are of legal age to form a binding contract, and if not of legal age, that you have placed such order with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Services by any local, state, federal or international law. All payments for purchases are non-refundable and non-transferable except as expressly provided in these Terms.

If you provide credit card information to us, you represent that you are the authorized user of the credit card that is used to pay the Subscription or other fees. If you order a Subscription, each month that you use the Services, you agree and reaffirm that we are authorized to charge your credit card for the Subscription fee. You agree to promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify us if your credit card expires or is canceled for any reason. We reserve the right to collect applicable taxes and impose premium surcharges for certain Services.

Subscriptions to STRESSAWAY Services may be made available to you on a monthly, yearly, or other periodic basis. By purchasing a Subscription, you authorize STRESSAWAY (and/or the App Provider concerned) to initiate recurring non-refundable payments until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or STRESSAWAY. Your Subscription continues until canceled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.

Your purchase of a Subscription is final, and you will not be able to cancel the purchase or receive a refund of your Subscription fee at any time. If something unexpected happens while completing a purchase, we reserve the right to cancel your purchase for any reason. If we cancel your purchase, we’ll refund any payment you have already remitted to us for such purchase. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. You will not receive a refund of any portion of the Subscription fee paid for the then-current Subscription period at the time of cancellation. You can cancel via the Site, or by sending an email to support@STRESSAWAY.app with the subject line “Cancel Subscription” and including your name, email and username associated with your Account, and your desired cancellation date in the body of the email. You will be responsible for all Subscription fees incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then-current Subscription period and will then terminate without further charges.

Certain Services and Virtual Items may be made available to you for a charge. We assume no liability for purchaser error, trial versions, software purchased for the wrong device or platform, promotion codes or discounts not provided at the time of purchase, or any purchased item 90 days after the purchase date for any reason. We will not be liable for any errors on billing statements issued to you by your wireless carrier, or any App Provider. In no event will we be liable for any defects or other problems associated with downloads or purchases through the Services after a period of ninety (90) calendar days has expired from the date of such download or purchase, as applicable. Please read the system requirements very carefully before making any purchases.

Virtual Items have no real-world value and cannot be redeemed for actual currency, goods, or other items of monetary value, even if you have unused Virtual Items remaining in your account at the time your account is closed, whether such closure was voluntary or not. All sales of Virtual Items are final. No refunds will be given, except in our sole and absolute discretion. The purchase of any Virtual Item is merely the purchase of a license to use the Virtual Item in the applicable Services and does not transfer ownership of that Virtual Item to you. This license is personal to you and cannot be sold, transferred, assigned, gifted, traded, or sublicensed.

STRESSAWAY Gift Card Terms and Conditions

(“Terms”) apply to any purchase or use of a physical or virtual STRESSAWAY gift card, gift subscription, subscription card, gift certificate, or e-gift card and are in addition and subject to our Terms of Service and Privacy Policy that govern your use of the Services. Any capitalized terms used but not defined herein shall have the meaning given in the Terms of Service and/or Privacy Policy. By purchasing, accepting, or redeeming a Gift Card, you agree to these Terms.

For additional terms and conditions related to Gift Cards issued by Gift Up, visit Gift Up Terms of Service page.

If you have any questions about your Gift Card or these Terms, please contact us at support@StressAway.app.

Purchase, Redemption, and Eligible Subscriptions

STRESSAWAY Gift Cards, which constitute pre-paid monthly or annual subscriptions to access STRESSAWAY, can be purchased online at STRESSAWAY.com. Gift Cards may be offered in various denominations, including but not limited to 1-month and 1-year subscriptions, as indicated on the Gift Card. Gift Cards are not valid on any other STRESSAWAY products or services. Please note that the value cannot be increased after a Gift Card is purchased.

Please note that the Gift Card’s value cannot be added to an existing Subscription that is currently billed through STRESSAWAY or a third-party subscription provider (e.g., the Meta Store). If you have an active STRESSAWAY Subscription, you will need to allow that Subscription to expire before you redeem your Gift Card.

To redeem the Gift Card, visit STRESSAWAY.app and sign into your account. If you do not have a STRESSAWAY account, you will be prompted to create one before redeeming your Gift Card. Your creation of a STRESSAWAY account is subject to our Terms of Service and Privacy Policy. Once logged into your account, you will be able to enter the redemption code on the Gift Card.

After successfully redeeming your Gift Card, the entire value of the Gift Card will be credited to your account. When the length of the Subscription term ends, the Subscription will renew unless canceled by the account holder. Only one Gift Card may be added to your account at a time. Once you have redeemed a Gift Card, you must wait until the Subscription has ended to redeem another Gift Card.

STRESSAWAY Gift Cards are not refundable or redeemable for cash, either before or after redemption, unless otherwise required by applicable law. Sales tax may be applied. Once a Gift Card has been redeemed, the Subscription may not be transferred or assigned to another person or account. STRESSAWAY Gift Cards cannot be reloaded or resold, and any Gift Card that has been resold is subject to invalidation at STRESSAWAY’s sole discretion.

Expiration and Risk of Loss

Unless otherwise specified, Gift Cards do not expire. Please keep your Gift Card and the code in a safe location. STRESSAWAY is not responsible for lost, stolen, or unauthorized use of Gift Cards.

2. Restrictions

Use of STRESSAWAY Gift Cards in connection with any advertising, marketing, or promotion or in any manner to suggest or imply that any person, product, or service is associated with or sponsored by STRESSAWAY is expressly prohibited without STRESSAWAY’s prior written consent.

3. Modifications of These Terms

STRESSAWAY reserves the right to amend, modify, or waive any of these Terms at any time, in its sole discretion. The most current version of these Terms will be published on this website and supersede all prior versions.

CONTENT OWNERSHIP, RESPONSIBILITY, AND REMOVAL

Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that you provide to be made available through the Services.

Our Content Ownership. STRESSAWAY does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, STRESSAWAY and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You. By making any User Content available through the Services, you hereby grant to STRESSAWAY a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other Account holders.

Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by STRESSAWAY on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Removal of User Content. You may remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make, or images you provide as part of the Services) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by STRESSAWAY. Subject to your compliance with these Terms, STRESSAWAY grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Rights in the App Granted by STRESSAWAY. Subject to your compliance with these Terms, STRESSAWAY grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device, VR headset, or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. STRESSAWAY reserves all rights in and to the App not expressly granted to you under these Terms.

Accessing the App. The following Terms apply to any App accessed through or downloaded from any App Provider (like the Meta Quest Store, Apple App Store, or Google Play). You acknowledge and agree that:

these Terms are concluded between you and STRESSAWAY, and not with the App Provider, and STRESSAWAY (not the App Provider), is solely responsible for the App;
the App Provider has no obligation to furnish any maintenance and support services with respect to the App; and
in the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of STRESSAWAY.

The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, STRESSAWAY will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with all applicable third-party terms of service when using the App.

To use the App, your mobile device, VR headset, or computer will need to satisfy certain system requirements. These requirements can be found on our Site and wherever the App is made available by an App Provider.

General Prohibitions; STRESSAWAY’s Enforcement Rights. You agree not to do any of the following:

post, upload, publish, submit or transmit any User Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances;
use, display, mirror or frame the Services or any individual element within the Services, STRESSAWAY’s name, any STRESSAWAY trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without STRESSAWAY’s express written consent;
access, tamper with, or use non-public areas of the Services, STRESSAWAY’s computer systems, or the technical delivery systems of STRESSAWAY’s providers;
attempt to probe, scan or test the vulnerability of any STRESSAWAY system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by STRESSAWAY or any of STRESSAWAY’s providers or any other third party (including another user) to protect the Services or Content;
attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by STRESSAWAY or other generally available third-party web browsers;
send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
use any meta tags or other hidden text or metadata utilizing a STRESSAWAY trademark, logo, url or product name without STRESSAWAY’s express written consent;
use the Services or Content, or any portion thereof, for any purposes related to scientific research, analysis or evaluation, or for any commercial purpose, for the benefit of any third party or in any manner not permitted by these Terms;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
impersonate or misrepresent your affiliation with any person or entity;
violate any applicable law or regulation; or
encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

DMCA/Copyright Policy. STRESSAWAY respects copyright law and expects its users to do the same. It is STRESSAWAY’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see STRESSAWAY’s Copyright and IP Policy at www.StressAway.com/copyright, for further information.

Third-Party Services; Links to Third-Party Websites or Resources. The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience. The Services may also support integrations with your accounts for certain third-party services such as Apple Health Kit or Google Fit. We are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites, services or resources. You represent and warrant that you have all rights required to provide us access to any accounts for third-party services you may connect to your Account.

Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at support@STRESSAWAY.app. Upon any termination, discontinuation or cancellation of the Services or your Account, all provisions of these Terms which by their nature should survive will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Medical Warranty Disclaimers. YOU UNDERSTAND AND AGREE THAT WE DO NOT OFFER MEDICAL ADVICE OR DIAGNOSES OR ENGAGE IN THE PRACTICE OF MEDICINE. THE SERVICES ARE NOT INTENDED TO BE, AND DO NOT CONSTITUTE, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND ARE OFFERED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE SERVICES, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO CONSULT WITH YOUR PERSONAL PHYSICIAN REGARDING ANY MEDICAL CONDITION, IMPAIRMENT, OR DISABILITY, INCLUDING THOSE THAT MAY PREVENT OR LIMIT YOUR ABILITY TO USE THE SERVICES. YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ABIDING BY YOUR PERSONAL PHYSICIAN’S RECOMMENDATION AS TO ANY SUCH MEDICAL RESTRICTIONS, AND FOR USING THE SERVICES SOLELY IN ACCORDANCE WITH YOUR PERSONAL PHYSICIAN’S ADVICE. YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF ANY INFORMATION OBTAINED THROUGH THE SERVICES AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM USING THAT INFORMATION. IF YOU RELY ON ANY INFORMATION PROVIDED THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.

MOBILE MESSAGING. The STRESSAWAY Alerts Mobile Service (the “Mobile Service”) is operated by STRESSAWAY. The Mobile Service allows users to receive SMS/MMS mobile messages by affirmatively opting-in, such as through online or application based enrollment forms. Regardless of the opt-in method you used to enroll in the Mobile Service, you agree that your use of the Mobile Service is governed by these following terms and conditions. We may modify or cancel the Mobile Service or any of its features without notice. We may also modify these terms and conditions applicable to the Mobile Service at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Mobile Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and Data Rates May Apply.

By enrolling in the Mobile Service, you agree to receive SMS and MMS mobile messages sent by us or on our behalf to the telephone number you submitted when you enrolled in the Mobile Service. You further agree that these messages may be sent using an automatic telephone dialing system (“ATDS”), other automated systems for the selection or dialing of telephone numbers, or other messaging technology. If your mobile number is registered on any state or federal Do Not Call list but you then opt-in to our Mobile Service, then you are agreeing to receive mobile messages and supersede your prior decision to be placed on the Do Not Call list. Your consent to receive mobile messages via an ATDS or other automated system for the selection or dialing of telephone numbers is not required (directly or indirectly) as a condition of purchasing any property, goods or services. If you have opted-in, the Mobile Service provides recurring updates, alerts, information, promotions, specials, and other marketing offers and communications from STRESSAWAY via mobile messages through your wireless provider to the mobile number you provided. Message frequency varies and we may change the frequency of the messages you receive at any time, including in response to your interactions with us. Text the keyword STOP to [insert short code and long code] to unsubscribe at any time. When you opt-out, you agree we may send you an opt-out confirmation text message. If you have subscribed to other STRESSAWAY mobile message programs and wish to unsubscribe, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms. For Mobile Service support or assistance, text HELP to [insert short code and long code] or email support@STRESSAWAY.app.

We may change any short code or telephone number we use to operate the Mobile Service at any time with notice to you. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number that you are authorized to use to receive mobile messages. If you change your mobile phone number, you agree to opt out of the Mobile Service prior to changing your mobile number.

The Mobile Service is offered on an “as-is” basis and may not be available in all areas or at all times and may not be supported by all wireless carriers. You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service.

GENERAL TERMS

Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between STRESSAWAY and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between STRESSAWAY and you regarding the Services and Content. Notwithstanding the foregoing, if you are using the Services upon the request, or at the direction of, your employer or another third party which has entered into a commercial arrangement with STRESSAWAY, the terms and conditions of such agreement will take precedence over these Terms. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without STRESSAWAY’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. STRESSAWAY may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Indemnity. You will indemnify and hold harmless STRESSAWAY and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.

Limitation of Liability. NEITHER STRESSAWAY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STRESSAWAY OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

USE OF THE APP MAY AFFECT HEART AND BREATHING RATE, CAUSE UNINTENDED SIDE EFFECTS SUCH AS MOTION SICKNESS OR DISORIENTATION, OR AGGRAVATE PRE-EXISTING MEDICAL CONDITIONS. YOU EXPRESSLY WAIVE STRESSAWAY’S LIABILITY FOR RISKS INHERENT IN THE USE OF VIRTUAL REALITY SOFTWARE, AND STRESSAWAY WILL NOT BE LIABLE TO YOU FOR ANY CAUSE OF ACTION OR UNDER ANY THEORY OF LIABILITY ARISING FROM SUCH RISKS.

IN NO EVENT WILL STRESSAWAY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO STRESSAWAY FOR USE OF THE SERVICES OR CONTENT OR TEN DOLLARS ($10), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO STRESSAWAY, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STRESSAWAY AND YOU.

Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Colorado, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and STRESSAWAY are not required to arbitrate will be the state and federal courts located in Denver County, Colorado, and you and STRESSAWAY each waive any objection to jurisdiction and venue in such courts.

Dispute Resolution.

MANDATORY ARBITRATION OF DISPUTES. WE EACH AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF OR THE USE OF THE SERVICES OR CONTENT (COLLECTIVELY, “DISPUTES”) WILL BE RESOLVED SOLELY BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN A CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION OR PROCEEDING. YOU AND STRESSAWAY AGREE THAT THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE TERMS, AND THAT YOU AND STRESSAWAY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS.

EXCEPTIONS AND OPT-OUT. AS LIMITED EXCEPTIONS TO “MANDATORY ARBITRATION OF DISPUTES” ABOVE: (I) YOU MAY SEEK TO RESOLVE A DISPUTE IN SMALL CLAIMS COURT IF IT QUALIFIES; AND (II) WE EACH RETAIN THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM A COURT TO PREVENT (OR ENJOIN) THE INFRINGEMENT OR MISAPPROPRIATION OF OUR INTELLECTUAL PROPERTY RIGHTS. IN ADDITION, YOU WILL RETAIN THE RIGHT TO OPT OUT OF ARBITRATION ENTIRELY AND LITIGATE ANY DISPUTE IF YOU PROVIDE US WITH WRITTEN NOTICE OF YOUR DESIRE TO DO SO BY EMAIL AT SUPPORT@STRESSAWAY.APP WITHIN THIRTY (30) DAYS FOLLOWING THE DATE YOU FIRST AGREE TO THESE TERMS.

CONDUCTING ARBITRATION AND ARBITRATION RULES. THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES (THE “AAA RULES”) THEN IN EFFECT, EXCEPT AS MODIFIED BY THESE TERMS. THE AAA RULES ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879. A PARTY WHO WISHES TO START ARBITRATION MUST SUBMIT A WRITTEN DEMAND FOR ARBITRATION TO AAA AND GIVE NOTICE TO THE OTHER PARTY AS SPECIFIED IN THE AAA RULES. THE AAA PROVIDES A FORM DEMAND FOR ARBITRATION AT WWW.ADR.ORG. IF YOUR CLAIM IS FOR U.S. $10,000 OR LESS, YOU MAY CHOOSE WHETHER THE ARBITRATION WILL BE CONDUCTED SOLELY ON THE BASIS OF DOCUMENTS SUBMITTED TO THE ARBITRATOR, THROUGH A TELEPHONIC OR VIDEO-CONFERENCE HEARING, OR BY AN IN-PERSON HEARING AS ESTABLISHED BY THE AAA RULES. IF YOUR CLAIM EXCEEDS U.S. $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES. ANY ARBITRATION HEARINGS WILL TAKE PLACE IN THE COUNTY (OR PARISH) WHERE YOU LIVE, UNLESS WE BOTH AGREE TO A DIFFERENT LOCATION. THE PARTIES AGREE THAT THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO DECIDE ALL ISSUES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY AND SCOPE OF THIS ARBITRATION AGREEMENT.

ARBITRATION COSTS. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA RULES. WE’LL PAY FOR ALL FILING, ADMINISTRATION AND ARBITRATOR FEES AND EXPENSES IF YOUR DISPUTE IS FOR LESS THAN $10,000, UNLESS THE ARBITRATOR FINDS YOUR DISPUTE FRIVOLOUS. IF WE PREVAIL IN ARBITRATION, WE’LL PAY ALL OF OUR ATTORNEYS’ FEES AND COSTS AND WON’T SEEK TO RECOVER THEM FROM YOU. IF YOU PREVAIL IN ARBITRATION, YOU WILL BE ENTITLED TO AN AWARD OF ATTORNEYS’ FEES AND EXPENSES TO THE EXTENT PROVIDED UNDER APPLICABLE LAW.

CLASS ACTION WAIVER. YOU AND STRESSAWAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, IF THE PARTIES’ DISPUTE IS RESOLVED THROUGH ARBITRATION, THE ARBITRATOR MAY NOT CONSOLIDATE ANOTHER PERSON’S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS DISPUTE RESOLUTION SECTION SHALL BE NULL AND VOID.

EFFECT OF CHANGES ON ARBITRATION. NOTWITHSTANDING THE PROVISIONS OF “CHANGES TO TERMS OR SERVICES” ABOVE, IF STRESSAWAY CHANGES ANY OF THE TERMS OF THIS SECTION “DISPUTE RESOLUTION” AFTER THE DATE YOU FIRST ACCEPTED THESE TERMS (OR ACCEPTED ANY SUBSEQUENT CHANGES TO THESE TERMS), YOU MAY REJECT ANY SUCH CHANGE BY SENDING US WRITTEN NOTICE (INCLUDING BY EMAIL TO SUPPORT@STRESSAWAY.COM WITHIN 30 DAYS OF THE DATE SUCH CHANGE BECAME EFFECTIVE, AS INDICATED IN THE “LAST UPDATED” DATE ABOVE OR IN THE DATE OF STRESSAWAY’S EMAIL TO YOU NOTIFYING YOU OF SUCH CHANGE. BY REJECTING ANY CHANGE, YOU ARE AGREEING THAT YOU WILL ARBITRATE ANY DISPUTE BETWEEN YOU AND STRESSAWAY IN ACCORDANCE WITH THE TERMS OF THIS SECTION “DISPUTE RESOLUTION” AS OF THE DATE YOU FIRST ACCEPTED THESE TERMS (OR ACCEPTED ANY SUBSEQUENT CHANGES TO THESE TERMS).

SEVERABILITY. WITH THE EXCEPTION OF ANY OF THE PROVISIONS IN SECTION “CLASS ACTION WAIVER”, IF AN ARBITRATOR OR COURT OF COMPETENT JURISDICTION DECIDES THAT ANY PART OF THESE TERMS IS INVALID OR UNENFORCEABLE, THE OTHER PARTS OF THESE TERMS WILL STILL APPLY.

Notices. Any notices or other communications provided by STRESSAWAY under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Waiver of Rights. STRESSAWAY’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of STRESSAWAY. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information. If you have any questions about these Terms or the Services, please contact STRESSAWAY at support@STRESSAWAY.app, or at STRESSAWAY, LLC., 7550 E 53rd Pl, 172554, Denver, CO, US 80217.

Privacy Policy

Last Updated: 5/3/24

This Privacy Policy describes how STRESSAWAY, LLC. (“STRESSAWAY,” “we“, “us” or “our“) handles personal information that we collect through our website (the “Site”), mobile application (the “Mobile App”), application for virtual reality devices (the “VR App”) and other online services (collectively, the “Service”).

If you use our Service in a clinical setting, you may receive a different privacy notice from your health care provider and/or the sponsor of the clinical research if applicable. Those notices will apply to the activities they describe.

NOTICE TO EUROPEAN USERS: Please see the Notice to European Users section below for additional information for individuals located in the European Economic Area or United Kingdom (which we refer to as “Europe”, and “European” should be understood accordingly).

Personal information we collect

Information you provide to us. Personal information you may provide to us through the Service or otherwise includes:

Contact data, such as your first and last name, phone number, and email address.
Registration data that you provide when you register through the Service, such as your first name, last name, email address, display name, state, country, gender and date of birth.
Profile data, such as the username and password that you may set to establish an online account on the Service, photograph, list of people you follow and those who follow you and any other information that you add to your account profile.
Communications that we exchange with you, including when you contact us through the Service, social media, or otherwise.
Transactional data, such as information relating to your STRESSAWAY subscription plan or needed to complete your orders on or through the Service, including order numbers, subscription method and transaction history.
Marketing data, such as your preferences for receiving our marketing communications.
User-generated content, such as profile pictures; photos; images; music; videos; comments; questions; messages; voice recordings; lists of friends, followers, and circles you’re connected to and interact with; and other content or information that you generate, transmit, or otherwise make available on the Service, as well as associated metadata. Metadata includes information on how, when, where and by whom a piece of content was collected and how that content has been formatted or edited. Metadata also includes information that users can add or can have added to their content, such as keywords, geographical or location information, and other similar data.
Relationship data, such as familial or other relationship to third parties whose personal information you may provide to us.
Health and fitness data that you store in your mobile health apps, such as Apple HealthKit and Google Fit, when you choose to grant us access to it;
Mood and feelings, based on your voluntary responses to surveys and questionnaires;
Body dimensions that you choose to store in the tracking features of your VR device such as a Meta Quest.
Payment information needed to complete transactions, including payment card information or bank account number. Note that your payment card information is processed directly by our third-party providers (see How we share your personal information, below).
Survey and promotions data, including information you share when you choose to participate in a promotion or complete a survey. We recommend that you read any instructions, terms or rules applicable to the survey or promotion before participating.
Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Third-party sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as:

Public sources, such as government agencies, public records, social media platforms, and other publicly available sources.
Data providers, such as information services and data licensors that provide demographic and other information.
Our affiliate partners, such as our affiliate network provider and publishers, influencers, and promoters who participate in our paid affiliate programs.
Marketing partners, such as joint marketing partners and event co-sponsors.
Third-party services, such as social media services, that you use to log into, or otherwise link to, your Service account. This data may include your username, profile picture and other information associated with your account on that third-party service that is made available to us based on your account settings on that service.

Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer, mobile device or headset, and your interaction over time with the Service, our communications and other online services, such as:

Device data, such as your computer, mobile or headset’s operating system type and version, manufacturer and model, browser type, graphics processing unit, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including VR App identifiers and identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.
Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.
Interaction data, such as information about the content, features, length and frequency of STRESSAWAYs taken on the VR App.
Technical system information, such as crash logs which may contain your user ID, device ID, IP address, local computer file path, feature quality, and use of that feature.
Precise geolocation data when you authorize our Mobile App to access your mobile device’s location.
Fitness, such as the number of calories you have burned or how long you have been physically active when you choose to track this data using the health tracking features of your device;
Physical characteristics and movement, such as:
Head and controller movement, including the position, orientation and speed of your headset and controllers;
Physiological data, such as your heart rate and breathing rate;
Body dimensions, such as your height, derived from the headset’s distance from the floor;
Eye direction through cameras that estimate the direction of where your eyes are looking if you choose to grant us access to it through your device’s operating system;
Hand data, such as estimated hand size, orientation, and finger configuration to generate a generic hand model that can be used to navigate the VR App if you choose to grant us access to it through your device’s operating system;
Facial expressions estimating how your face is moving if you choose to grant us access to it through your device’s operating system.
Physical environment data, such as the dimensions of the room where you use the device.

Cookies and other technologies. Some of the automatic collection described above is facilitated by the following technologies:

Cookies, which are small text files that websites store on user devices and that allow web servers to record users’ web browsing activities and remember their submissions, preferences, and login status as they navigate a site. Cookies used on our sites include both “session cookies” that are deleted when a session ends, “persistent cookies” that remain longer, “first party” cookies that we place and “third party” cookies that our third-party business partners and service providers place.
Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications.
Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email address was accessed or opened, or that certain content was viewed or clicked.
Session replay services, which employ software code to record users’ interactions with the Service in a manner that allows us to watch DVR-like replays of those user sessions. The replays include users’ clicks, mobile app touches, mouse movements, scrolls and keystrokes/key touches during those sessions. These replays help us diagnose usability problems and identify areas for improvement.
Software development kits (SDKs), or third-party computer code, that may be used for a variety of purposes, including to provide us with analytics regarding the use of our applications, to integrate with social media, add features or functionality to our applications, or to facilitate online advertising. SDKs may enable third parties to collect information directly from our applications.

Data about others. We may offer features that help users invite their friends or contacts to use the Service, and we may collect contact details about these invitees so we can deliver their invitations. Please do not refer someone to us or share their contact details with us unless you have their permission to do so.

How we use your personal information

We may use your personal information for the following purposes or as otherwise described at the time of collection:

Service delivery. We may use your personal information to:

provide, operate and improve the Service and our business;
facilitate your invitations to friends who you want to invite to join the Service;
communicate with you about the Service, including by sending announcements, updates, security alerts, and support and administrative messages;
understand your needs and interests, and personalize your experience with the Service and our communications; and
provide support for the Service, and respond to your requests, questions and feedback.

Research and development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business.

Marketing and advertising. We, our service providers and our third-party advertising partners may collect and use your personal information for marketing and advertising purposes:

Direct marketing. We may send you direct marketing communications. You may opt-out of our marketing communications as described in the Opt-out of marketing section below.
Interest-based advertising. Our third-party advertising partners may use cookies and other technologies to collect information about your interaction (including the data described in the automatic data collection section above) with the Service, our communications and other online services over time, and use that information to serve online ads that they think will interest you. This is called interest-based advertising. We may also share user lists with these companies to facilitate interest-based advertising to those or similar users on other online platforms. You can learn more about your choices for limiting interest-based advertising in the Your choices section below.

Compliance and protection. We may use your personal information to:

comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
audit our internal processes for compliance with legal and contractual requirements or our internal policies;
enforce the terms and conditions that govern the Service; and
prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

To create anonymous, aggregated or de-identified data. We may create anonymous, aggregated or de-identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated or de-identified data by removing information that makes the data identifiable to you. We may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

Cookies and other technologies. In addition to the other uses included in this section, we may use the Cookies and other technologies described above for the following purposes:

Technical operation. To allow the technical operation of the Service, such as by remembering your selections and preferences as you navigate the site, and whether you are logged in when you visit password protected areas of the Service.
Advertising. To help our third-party advertising partners collect information about how you use the Service and other online services over time, which they use to show you ads on other online services they believe will interest you and measure how the ads perform.
Analytics. To help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails. For example, we use Google Analytics for this purpose. You can learn more about Google Analytics and how to prevent the use of Google Analytics relating to your use of our sites here: https://tools.google.com/dlpage/gaoptout?hl=en.

Retention of personal information

We generally retain personal information to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes.

How we share your personal information

We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection.

Affiliates. Our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.

Service providers. Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, marketing, consumer research and analytics).

Advertising partners. Third-party advertising companies for the interest-based advertising purposes described above.

Business and marketing partners. Third parties with whom we co-sponsor events or promotions, with whom we jointly offer products or services, or whose products or services may be of interest to you.

Linked third-party services. If you log into the Service with, or otherwise link your Service account to , social media or other third-party service, we may share your personal information with that third-party service. The third party’s use of the shared information will be governed by its privacy policy and the settings associated with your account with the third-party service.

Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.

Business transferees. Acquirers and other relevant participants in business transactions (or negotiations of or due diligence for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, StressAway Inc. or our affiliates (including, in connection with a bankruptcy or similar proceedings).

Other users and the public. Your profile and other user-generated content (except for messages) may be visible to other users of the Service and the public. For example, other users of the Service or the public may have access to your information if you chose to make your profile or other personal information available to them through the Service, such as when you provide comments, reviews, survey responses, or share other content. This information can be seen, collected and used by others, including being cached, copied, screen captured or stored elsewhere by others (e.g., search engines), and we are not responsible for any such use of this information.

Research partners. We may compile and share with our research partners the information you provide when you participate in our surveys or other research activities with our research partners as described to you when we collect that information.

Your choices

Access or update your information. If you have registered for an account with us through the Service, you may review and update certain account information by logging into the account through our Mobile App and selecting the gear icon in the top right corner or logging into our Site.

Opt-out of marketing communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.

If you receive marketing text messages from us, you may opt out of receiving further marketing text messages from us by replying STOP to our marketing message.

Cookies. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Service may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.

Mobile location data. You can disable our access to your device’s precise geolocation in your mobile device settings.

Advertising choices. You can limit use of your information for interest-based advertising by:

Browser settings. Blocking third-party cookies in your browser settings.
Privacy browsers/plug-ins. By using privacy browsers or ad-blocking browser plug-ins that let you block tracking technologies.
Platform Google and Facebook offer opt-out features that let you opt-out of use of your information for interest-based advertising:
Google: https://adssettings.google.com/
Facebook: https://www.facebook.com/about/ads
Ad industry tools. Opting out of interest-based ads from companies participating in the following industry opt-out programs:
Network Advertising Initiative: http://www.networkadvertising.org/managing/opt_out.asp
Digital Advertising Alliance: aboutads.info.
AppChoices mobile app, available at https://www.youradchoices.com/appchoices, which will allow you to opt-out of interest-based ads in mobile apps served by participating members of the Digital Advertising Alliance.
Mobile settings. Using your mobile device settings to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.

You will need to apply these opt-out settings on each device from which you wish to opt-out.

We cannot offer any assurances as to whether the companies we work with participate in the opt-out programs described above.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Linked third-party platforms. If you choose to connect to the Service through a third-party platform, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third-party platform, that choice will not apply to information that we have already received from that third party.

Delete your content or close your account. You can choose to delete certain content through your Mobile App account or by emailing us at support@StressAway.com. If you wish to request to close your account, please contact us.

Other sites and services

The Service may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

Security

We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

International data transfer

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.

For more information on how we transfer the personal information of individuals based in Europe, please see the Notice to European Users section.

Children

The Service is not intended for use by anyone under 16 years of age . If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have collected personal information through the Service from a child without the consent of the child’s parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.

How to contact us

Email: support@StressAway.com
Mail: 7550 E 53rd Pl, 172554, Denver, CO, US 80217
Phone: +1 720-378-8080

Notice to European users

The information provided in this “Notice to European users” section applies only to individuals in the United Kingdom and the European Economic Area (i.e., “Europe” as defined at the top of this Privacy Policy).

Personal information. References to “personal information” in this Privacy Policy should be understood to include a reference to “personal data” governed by European data protection legislation, including the “GDPR” (i.e., the General Data Protection Regulation 2016/679 (“EU GDPR”) and the EU GDPR as it forms part of UK law (“UK GDPR”) – i.e., information about individuals from which they are either directly identified or can be identified.

Controller. STRESSAWAY, LLC. is the controller in respect of the processing of your personal information covered by this Privacy Policy for the purposes of the GDPR. See the ‘How to contact us’ section above for our contact details.

Our GDPR Representatives. We have appointed the following representatives in Europe as required by the GDPR – you can also contact them directly should you wish:

Our Representative in the EU. Our EU representative appointed under the EU GDPR is European Data Protection Office (EDPO). You can contact them:

By email by using this online request form: https://edpo.com/gdpr-data-request/
By postal mail to: EDPO at Avenue Huart Hamoir 71, 1030 Brussels, Belgium

Our Representative in the UK. Our UK representative appointed under the UK GDPR is EDPO UK Ltd. You can contact them:

By email by using this online request form: https://edpo.com/uk-gdpr-data-request/
By postal mail to: EDPO UK at 8 Northumberland Avenue, London WC2N 5BY, United Kingdom

Our legal bases for processing. In respect of each of the purposes for which we use your personal information, the GDPR requires us to ensure that we have a “legal basis” for that use.

Our legal bases for processing your personal information described in this Privacy Policy are listed below.

Where we need to perform a contract, we are about to enter into or have entered into with you (“Contractual Necessity”).
Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests (“Legitimate Interests”). More detail about the specific legitimate interests pursued in respect of each Purpose we use your personal information for is set out in the table below.
Where we need to comply with a legal or regulatory obligation (“Compliance with Law”).
Where we have your specific consent to carry out the processing for the Purpose in question (“Consent”).

Special categories of personal information. In addition to the categories of personal information set out in the table above, we process certain special categories of personal information (e.g., health-related data, biometrics or genetic characteristics). We can only process such special categories of personal information with your consent. You are free to choose not to provide us with special categories of personal information. If you do not consent to our processing and use of such special categories, you may not be able to use certain elements of the Service.

For any special categories of personal data we process, we must establish a ‘condition’ to process such data in addition to a legal basis, because it is considered to be more sensitive in nature – for example, we may look to obtain your explicit consent to the processing of those special categories of personal data for one or more specified purposes (“Explicit Consent”).

Retention. We retain personal information for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for compliance and protection purposes.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

When we no longer require the personal information, we have collected about you, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. If we anonymize your personal information (so that it can no longer be associated with you), we may use this information indefinitely without further notice to you.

No Automated Decision-Making and Profiling. As part of the Service, we do not engage in automated decision-making and/or profiling, which produces legal or similarly significant effects.

Your rights. European data protection laws give you the right to ask us to take the following actions in relation to your personal information that we hold:

Access. Provide you with information about our processing of your personal information and give you access to your personal information.
Correct. Update or correct inaccuracies in your personal information.
Delete. Delete your personal information where there is no good reason for us continuing to process it – you also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
Restrict. Restrict the processing of your personal information, for example if you want us to establish its accuracy or the reason for processing it.
Object. Object to our processing of your personal information where we are relying on Legitimate Interests – you also have the right to object where we are processing your personal information for direct marketing purposes.
Withdraw Consent. When we use your personal information based on your consent, you have the right to withdraw that consent at any time.

Exercising These Rights. You may submit these requests by email to support@StressAway.app or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Whether or not we are required to fulfill any request you make will depend on a number of factors (e.g., why and how we are processing your personal information), if we reject any request you may make (whether in whole or in part) we will let you know our grounds for doing so at the time, subject to any legal restrictions.

Your Right to Lodge a Complaint with your Supervisory Authority. In addition to your rights outlined above, if you are not satisfied with our response to a request you make, or how we process your personal information, you can make a complaint to the data protection regulator in your habitual place of residence.

For users in the European Economic Area – the contact information for the data protection regulator in your place of residence can be found here: https://edpb.europa.eu/about-edpb/board/members_en
For users in the UK – the contact information for the UK data protection regulator is below:

The Information Commissioner’s Office

Water Lane, Wycliffe House

Wilmslow – Cheshire SK9 5AF

Tel. +44 303 123 1113

Website: https://ico.org.uk/make-a-complaint/

Data processing outside Europe. We may share your personal information with third parties who may be based outside of the EEA and/or UK. In such circumstances, those parties’ processing of your personal information will involve a transfer of your personal information outside of the EEA and/or UK where privacy laws may not be as protective as those in your state, province, or country.

You can obtain further information or a copy of or access safeguards under which your personal information is transferred outside of the EEA and/or UK by contacting us at support@StressAway.app.

Copyright and Intellectual Property (IP) Policy

Ownership of Content

All content, including but not limited to text, graphics, images, videos, and software, provided on the StressAway platform is the property of StressAway or its licensors and is protected by copyright laws.

Users may not reproduce, distribute, modify, or create derivative works of any content on the StressAway platform without prior written consent from StressAway.

User-Generated Content

Users retain ownership of any content they create and upload to the StressAway platform, but grant StressAway a non-exclusive, royalty-free license to use, reproduce, distribute, and display such content for the purpose of providing and promoting the StressAway service.

Users may not upload or share content that infringes upon the intellectual property rights of others. StressAway reserves the right to remove any infringing content and terminate the accounts of users who repeatedly violate copyright laws.

Intellectual Property Rights

StressAway respects the intellectual property rights of others and expects its users to do the same.

If you believe that your copyrighted work has been infringed upon on the StressAway platform, please contact us with a detailed description of the alleged infringement, including the URL of the infringing content and evidence of your ownership of the copyrighted work.

DMCA Compliance

StressAway complies with the provisions of the Digital Millennium Copyright Act (DMCA). If we receive a valid DMCA takedown notice regarding any content on the StressAway platform, we will promptly remove or disable access to the allegedly infringing material and notify the user who posted the content.

Trademark

StressAway and its associated logos are trademarks owned by StressAway. Users may not use these trademarks without prior written permission from StressAway.

Any unauthorized use of StressAway trademarks may result in legal action to protect our intellectual property rights.

Changes to Policy

StressAway reserves the right to modify or update this Copyright and IP Policy at any time without prior notice. Users are responsible for regularly reviewing this policy to stay informed of any changes.

By accessing or using the StressAway platform, users agree to abide by this Copyright and IP Policy and all applicable laws and regulations regarding intellectual property rights. Failure to comply with this policy may result in the termination of user accounts and legal action.

Accessibility Statement

Measures to support accessibility

StressAway, LLC takes the following measures to ensure accessibility of StressAway:

Include accessibility throughout our internal policies.

Conformance status

The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. StressAway is fully conformant with WCAG 2.1 level AA. Fully conformant means that the content fully conforms to the accessibility standard without any exceptions.

Feedback

We welcome your feedback on the accessibility of StressAway. Please let us know if you encounter accessibility barriers on StressAway:

E-mail: support@stressaway.app
Postal Address: 7550 E 53rd Pl #172554, Denver, CO 80217

We try to respond to feedback within 2 business days.

Assessment approach

StressAway, LLC assessed the accessibility of StressAway by the following approaches:

Self-evaluation

Formal complaints

Please let us know if we've forgotten anything.

Formal approval of this accessibility statement

This Accessibility Statement is approved by:

StressAway, LLC
Sandra Thébaud, PhD
Owner

This statement was created in Colorado using the W3C Accessibility Statement Generator Tool.

Accessibility Statement

StressAway

Terms of Service

Privacy Policy

Copyright and Intellectual Property (IP) Policy

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