fbpx

Wide Therapy Ltd. - Terms of Use

Last Revised: 11 December 2022

Wide Therapy Ltd., a corporation organized under the laws of Israel and its corporate affiliates, subsidiaries, and divisions as may change from time to time (“Wide“, “we“, “our“, or the “Company”) welcomes to use the Wide mobile application (the “App”), and/or the Wide platform accessible via a designated access browser/dashboard (the “Platform”), and to visit our web website https://widetherapy.com/ (the “Site”) (use of the App, Platform, the Site and any services and features provided through the App or Platform or Site, collectively, the “Services”) (all as defined in more detail hereunder).

Users” or “you” refers to an individual that uses the Services and is: (1) a child under 18 years of age and/or legal incompetent, who is using the app under the supervision of a Specialist or their Guardian (as such terms defined hereunder) (a “Minor”); (2) a parent or legal guardian to a Minor (a “Guardian”); or (3) a therapist, clinician, teacher or other professional who is using the Services in order to address the Minor’s needs (a “Specialist”).

You may use the Services solely in accordance with the terms and conditions hereunder.

1.     Acceptance of the Terms

By entering to, connecting to, accessing or using the Services and/or by setting up an Account, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy (collectively, the “Terms“) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Services and you acknowledge that these Terms constitute a binding and enforceable legal contract between Wide and you. 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT TO, ACCESS OR USE THE SERVICES IN ANY MANNER.

IMPORTANT! THE SERVICES ARE NOT INTENDED FOR ANY LIFE-SUPPORT, EMERGENCY CARE, OR OTHERWISE TO BE RELIED UPON IN DECIDING OR CONSIDERING ANY IMMEDIATE CLINICAL ACTION NEEDS.

BY ACCEPTING THESE TERMS, YOU CONFIRM YOUR UNDERSTANDING THAT NOTHING PROVIDED BY WIDE VIA ANY METHOD WHATSOEVER, CONSTITUTES A MEDICAL ADVISE OR SERVICE.

YOU HEREBY REPRESENT AND ACKNOWLEDGE THAT YOU HAVE BEEN DESIGNATED AS A GUARDIAN OR SPECIALIST AND HAVE FULL LEGAL AUTHORITY TO USE AND REGISTER FOR THE SOLUTION AND BE BOUND TO THESE TERMS. YOU HEREBY REPRESENT AND WARRANT THAT ANY MINOR’S END USE OF THE SERVICES IS PERFORMED PURSUANT TO THE PERMISSION OF THEIR GUARDIAN.

2.     The Service

The Services offer a personalized digital platform for children with developmental disability, to help them overcome challenges in a playful, easy and effective way. If you are a Guardian, to use the Services, you must submit your specific consent on behalf of the Minor, for such use to your education or health care service provider (as applicable) as well as to Wide. Your consent may be collected via the Services (or otherwise) upon your registration to participate in a specific clinical, therapeutic or educational program, or otherwise use the Services.

The Services at this time are experimental and under development, and Wide may continuously change, update its Services and the capabilities or offerings enabled therein. You acknowledge and agree that due to the experimental its nature, the Services or any features and capabilities therein, may at any time be suspended, changed and/or offered in limited versions or limited locations.

IMPORTANT TO NOTE: The Services is not intended for, nor offers, active patient monitoring, nor does it contemplate implementing any treatment or notification protocols requiring timely clinical or other response. Wide does not monitor nor supervise any content (including without limitation the Specialist’s treatment protocol) uploaded, or action or lack of action, by the User (whether a specialist, Minor or Guardian). Wide expressly disclaims the correctness, timing, compatibility or otherwise accuracy of notifications provided via the Services.

TO OPEN A USER ACCOUNT YOU MUST BE OVER THE AGE OF EIGHTEEN (18) YEARS (SEE SECTION 16 BELOW). If you are a Guardian, you may however use your Account (as defined below) for a Minor, by adding and listing such Minor under Your Account. You may only add and list a Minor under your Account if you are the Guardian of such Minor. Additionally, Minor may be added under your Account if you are their Guardian, by the applicable education or health care services provider subject to receiving your permission. For any Minor, you are hereby acknowledging and agreeing to these Terms on behalf of such Minor and you declare to Wide that you have all legal authority to bind such Minor and have the necessary legal capacity, authorities, consents and approvals (as applicable) provided from or in connection with such Minor(s), and in accordance with Sections 4 and 16 hereof and Wide Privacy Policy to act as such Minor care giver and receive, transmit and access such Minor’s information. You assume full responsibility for your actions and omission on behalf of Minors listed under your Account.   

IMPORTANT- NO MEDICAL ADVICE BY WIDE:

WIDE IS NOT A HEALTH CARE PROVIDER. WIDE HAS NO RESPONSIBILITY WHATSOEVER TO THE MEDICAL INFORMATION OR CONTENT PROVIDED OR CONVEYED VIA THE SERVICES, NOR FOR THE CONTENT IN THE SITE.

BY USING THE SERVICES, YOU AGREE THAT WIDE IS NOT RESPONSIBLE OR LIABLE TO YOU FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THE SERVICES OR ITS USE BY YOU OR ANY OTHER USER.

UNLESS EXPRESSLY PROVIDED OTHERWISE IN THE SERVICES, WIDE DOES NOT IN ANY WAY ENDORSE, RECOMMEND OR ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE, ADVICE PROVIDED OR ACTION TAKEN OR NOT TAKEN WHOLLY OR PARTIALLY IN RELIANCE ON THE SERVICES OR ANY INFORMATION CONVEYED VIA THE SERVICES, OR OBTAINED THEREFROM, NOR FOR ANY LOSS, INJURY, INCONVENIENCE, HARM AND/OR DAMAGE INCURRED AS A RESULT OF, OR IN CONNECTION WITH, THE SERVICES OR USE THEREOF. 

WIDE IS NOT SPONSORED OR ENDORSED IN ANY MANNER BY ANY MEDICAL OR HEALTHCARE CLINICIAN, INSTITUTION OR ANY EDUCATIONAL CORPORATION, AND DOES NOT PROVIDE ANY PARTICULAR ENDORSEMENT FOR SUCH.

YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.

3.     Registration and User Account

In order to use the Services, you must register and open a User account on the App (the “Account”). Alternately, if You are a Specialist or if you have granted your healthcare or education services provider your permission, your Account may also be created by your employer administrator or by your healthcare or education services provider (respectively). Registration must be done by providing us with your name, phone number, your e-mail address, date of birth, gender, and other demographics information. During the registration process, you will be asked to choose a password and username for your Account. You are solely and fully responsible for maintaining the confidentiality of the login credentials (e-mail, username and password) of your Account and for all activities that occur under your Account. You agree not to disclose your login credentials to any third party. If you forget your password, you can request through the Services appropriate channel to have a new password issued and sent to your registered e-mail address. Your Account is at risk if you let someone else use it inappropriately and we reserve the right to terminate your Account if we determine that you or anyone using your Account violates these Terms.

To learn more about the type of information collected by us when you register to the Service, please visit our Privacy Policy at: https://widetherapy.com/privacy-policy/.

You must provide accurate and complete information when creating an Account and you agree to not misrepresent any of the personal information provided for the Account registration or Account information, and to keep your Account information accurate and up to date. 

You may not assign or transfer your rights or delegate your duties under the Account and/or these Terms without the prior written consent of Wide.

You must notify us immediately of any unauthorized use of your Account of login credentials or any other breach of security. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with the Terms or from any unauthorized use of your Account or any other breach of security. You may be liable for the losses of Wide and/or others due to any such use.

If you wish to modify your Account information, or if you wish to terminate your Account, you may do so by contacting your healthcare or education services provider’s administrator or Wide Support at support@widetherapy.com. Your Account will be terminated within a reasonable time following your request in accordance with the Privacy Policy, and from that date you will no longer be able to access your Account, and without derogating from any right or claim available to Wide, any and all permissions, rights and licenses granted to you under these Terms shall be instantly terminated and revoked. 

NOTE THAT TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS AND/OR UNAVAILABILITY OF CONTENT, FEATURES, OR CAPACITY WITH REGARD TO YOUR ACCOUNT. WIDE SHALL NOT BE LIABLE IN ANY WAY FOR SUCH UNAVAILABILITY AND/OR LOSS. 

4.     User Representations and Undertakings

Your use of the Services (or any part thereof) is dependent on the fact that you hereby represent and warrant that:

  • You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder all on behalf of Yourself and/or any Patients you added and listed under your Account or on behalf of whom you use the Services;
  • You possess the knowledge and judgment necessary to decide whether to use the Service or otherwise rely on any information available therein;
  • You will obtain appropriate health-care advice (including medical advice) to protect your interests and health before relying on any information provided through your use of the Services. You acknowledge that there is no professional relationship (including any doctor-patient or advisor-advisee relationship) between you and Wide, and that you may not solely or fundamentally rely on any information, content or any features you find on or through the Services;
  • If you connect to, access or use the Services on behalf of any third party, family member or dependent, you represent and warrant that you are duly authorized under any applicable law to represent such third party, family member or dependent in connection with these Terms and to commit it to be bound by these Terms, and hereby make all representations and warranties herein on both your and its behalf;
  • You possess any and all consents required under any applicable laws, for the uploading, processing, transmitting and displaying and accessing or otherwise becoming privy to, any personal and medical information of others in the scope of your use of and access to the Services as permitted hereunder, and you shall adhere to any applicable laws regarding such information;
  • The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
  • You acknowledge that you are solely responsible for complying with applicable laws regarding your use of the

Services;  and

  • You will not infringe or violate any of the Terms;

 

5.     Use Restrictions

There are certain conducts which are strictly prohibited in our Services. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result (at Wide’s sole discretion) in the termination of your access to the Services and may also expose you to civil and/or criminal liability.

You may not, whether by yourself or anyone on your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services or any of the Wide information and resources about the Services, Wide’s systems and technology and any other content related thereto (including contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, documentation, data, related graphics, intellectual property and other features (collectively, the “Content”), in any way or publicly display, perform, or distribute them; (ii) make any use of the Services and/or Content on any other website or networked computer environment other than in the Site, for any purpose, or replicate or copy the Content without Wide’s prior written consent; (iii) create a browser or border environment around Wide’s Services, Content and any part thereof (no frames or inline linking); (iv) interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Service without their express and informed consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (vi) transmit or otherwise make available in connection with our Services any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of our Services, or the servers or networks that host our Services, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Content of our Services; (ix) frame or mirror any part of this Site without Wide’s prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from our Services; (xi) forward any data generated from our Services without the prior written consent of Wide; or (xii) to transfer and/or assign the User’s Account’s password, even temporary, for third party; (xiii) use our Services for any illegal, immoral or unauthorized purpose; (xiv) use the Services to upload any information not reasonably required for the viewing, capturing, measuring, processing, displaying, diagnosis and analysis of the Medical Data, without limitation; (xv) capture, upload, display, convey and/or otherwise communicate to Wide or to any Users, any information, imagery and other content which is proprietary information of any third party who is not (i) a Patient listed under your Account, or (ii) a Patient to whom you provide healthcare services in your capacity as a Clinician,  or is, inter alia, harassing, offensive, indecent, pornographic, illegal, abusive or vulgar; or (xvi) use our Services, the and/or the Content for non-personal or commercial purposes without Wide’s express prior written consent or pursuant to an express written agreement.

6.     Specialists Undertakings and Representations

If you are a Specialist, you hereby undertake and represent to Wide that: (i) if required by applicable law, you are a licensed practitioner and that your license has not been revoked or withdrawn; (ii) you will use your best efforts and employ reasonably accepted professional standards in your field of practice, in your use of the Services; (iii) you have the requisite authority, consents and approvals required to provide the service to the Minor; (iv) you have the full power and authority to accept these Terms; (v) you shall keep confidential any and all information you learn from the Services and shall not use such information for any purpose, including for commercial or personal purposes, other than as required to perform your professional services and provide treatments to the Minors, nor will you copy, make screen captures or store any Content from the Services ; (vi) you will not receive any payment, benefit or kickback in violation of any and all laws, rules, regulations and ethical rules and standards applicable to you (“Laws”); (vii) you will protect and maintain the confidentiality of any information of the Minor you receive or have access to in the scope of the Services, and use it or disclose it (only to third parties bound by appropriate non disclosure obligations) to the extent required for the provision of professional services to the relevant Minor.  

7.       User Generated Content

Certain features of the Services may permit Users to upload, edit and/or link to content, photographs, videos, text, and other types of works (collectively, “User Generated Content”) and to publish User Generated Content on the Services and in some cases for display to other Users. Please ensure that when you use the Services, you respect the rights of others including any intellectual property, other proprietary rights and privacy rights of third parties who may have an interest or right in connection with the User Generated Content you upload and/or provide to Wide or the Services. Wide will not bear any liability for any loss, damage, cost, or expense suffered or incurred as a result of or in connection with uploading, referring to and or displaying any User Generated Content.

You are solely responsible for the accuracy and completeness of all User Generated Content uploaded or referred by you.

You promise that you have (and will continue to have at all times) all the necessary licenses, rights, consents, and permissions necessary for you to upload to us and for us to display on our Services from the rightful owners of such User Generated Content and/or the subjects of such User Generated Content, and that such Content does not infringe any third party’s intellectual property rights or other rights, including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights.

You also promise that the User Generated Content that you post or upload will not include any: (i) spam, unsolicited promotions, advertising, contests or raffles; (ii) content which is unlawful, defamatory, libelous, harassing, offensive, indecent, pornographic, abusive, fraudulent, threatening or vulgar; (iii) content that unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class; (iv) content that encourages criminal behavior or conduct that would constitute a criminal offence under any law, or could give rise to civil liability or other lawsuit; or (v) content that might reasonably pose a risk to a person’s safety, security or health. The above examples of unlawful and prohibited content do not constitute an exhaustive list.

Wide is under no obligation to edit or control User Generated Content that you or other users post or publish or refer and will not be in any way responsible or liable for User Generated Content. Although Wide has no obligation to screen, edit or monitor any of the User Generated Content, Wide explicitly reserves the right, at its sole discretion, to remove, edit, or block without giving any prior notice, any User Generated Content available on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you share or post on the Services at your sole expense.

If notified by a User or content owner that User Generated Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Generated Content, which we reserve the right to do at any time and without notice.

When you upload, post, publish or make available any User Generated Content on the Services, you grant to Wide an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub- licensable and worldwide license, to (i) share and make the User Generated Content available, including to other applicable Users, through the Services when you choose to do so; (ii) host, back up, use, reproduce, distribute, transmit, create derivative works of, display, copy, and perform that User Generated Content, in connection with the Services. Wide shall not bear any liability for any use by any third party of the User Generated Content. In addition, you hereby explicitly waive any moral right you may have in and to the User Generated Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Generated Content.

8.     Privacy Policy  

Wide respects your privacy and is committed to protect the information you share with it. We believe that you have a right to know our practices regarding the information Wide collects when you connect to, access or use our Services. Our policy and practices and the type of information collected are described in our Privacy Policy.  If you intend to connect to, access or use our Services you must first read and agree to the Privacy Policy.  

9.     Intellectual Property Rights  

The Company is granting you with a limited, personal, not exclusive, non-assignable, not-tradeable license, which cannot be used in order to issue sub-licenses and that can be cancelled completely, to use the Services subject to the terms and conditions hereunder. These Terms do not entitle you with any right in the Services, rather than a limited right to use it in accordance herewith. 

Wide’s marks and logo (whether or not registered) and all other proprietary identifiers used by Wide in connection with the Service (the “Wide Trademarks”) are all trademarks and/or trade names of Wide, whether they are registered or not. All other trademarks, trade names, identifying marks and logos might appear in the service belongs to their right owners (“Third Party Trademarks”). No right, license, or interest to Wide Trademarks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Wide Trademarks and therefore you will avoid using any of those marks unless such use was specifically authorized in the Terms.  

Our Services, the Content and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of our Services), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property“), are owned and/or licensed to Wide and subject to copyright and other applicable intellectual property rights under U.S. state and federal laws, as well as foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Wide’s proprietary rights, including Wide’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.  

You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Wide or its licensors, including [®], copyright mark [©] or trademark [™] contained in or accompanying the Content included on the Site, and you represent and warrant that you will abide by all applicable laws in this respect. 

 Feedback. In the event that Users provide Wide with any suggestions, comments or other feedback relating to the Services (collectively, “Feedback”), such Feedback is provided ‘As Is’ and is deemed as the sole and exclusive property of Wide and you hereby irrevocably assign to Wide all of your rights, title and interest in and to all Feedback, if any, and waive any moral rights you may have in such Feedback. Without derogating from the foregoing, you hereby represent and warrant that you shall not provide any Feedback which is subject to any limitations or third-party rights which in any way preclude you from providing such Feedback to Wide, and shall promptly inform Wide as soon as you become aware of any third-party right or limitation which may apply to Feedback already provided by you.

Third Party Components. The Services may use or include third party software, files and components that are subject to open source and third-party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Services is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. Without derogating form Wide’s warranties under these Terms, Wide disclaims all liability related to any third-party components utilized in the Services. You acknowledge that Wide is not the author, owner or licensor of any Third Party Components, and that Wide makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Services or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.

10.  Availability  

Our Services availability and functionality depends on various factors, such as communication networks. Wide does not warrant or guarantee that our Services or any part or feature thereof will operate and/or be available at all times without disruption or interruption, or that it will be error-free.

11.  Changes to our Services

Wide reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently our Services (or any part thereof, including but not limited to the Content) without notice, at any time and at its sole discretion. In addition, you hereby acknowledge that the Content provided under our Services may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Wide shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services, any part or feature thereof or the Content included in our Services. 

12.  Disclaimer and Warranties

WIDE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON OUR SERVICES. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK

YOU ASSUME FULL RESPONSIBILITY FOR ANY USE OF THE SERVICES NOT IN ACCORDANCE WITH WIDE INSTRUCTIONS AND RECOMMENDATIONS.

WIDE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IT WAS CAUSED CONSEQUENTLY OR IN CONNECTION WITH THE USE OF THE SERVICES, OR ANY OTHER INFORMATION EMERGING FROM USING THE SERVICES, WHETHER OR NOT THE COMPANY HAD INFORMED THE USER OF SUCH POSSIBLE DAMAGE.

OUR SERVICES, INCLUDING ANY TECHNICAL SUPPORT SERVICES, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR FUNCTION. WIDE DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT AVAILABLE ON OUR SERVICES INCLUDING ANY MEDICAL INFORMATION. THE USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK AND WIDE SHALL HAVE NO LIABILITY RELATING TO SUCH USE. WIDE DISCLAIMS RESPONSIBILITY FOR ANY AND ALL MEDICAL INFORMATION UPLOADED OR COMMUNICATED THROUGH THE SERVICES BY USERS INCLUDING FOR ANY EXTERNAL MEDICAL INFORMATION. 

WIDE DOES NOT WARRANT THAT THE OPERATION OF OUR SERVICES IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS.

13.  Limitation of Liability

IN NO EVENT SHALL WIDE, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF OUR SERVICES, OR THE USE OR INABILITY TO USE OUR SERVICES, THE CONTENT, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF WIDE TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF WIDE BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER WIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN SUCH LIMITATIONS ONLY MAY NOT APPLY TO A USER RESIDING IN SUCH STATES.  

SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR WIDE’S SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF WIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL WIDE’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO WIDE FOR YOUR USE OF THE SERVICE. IF YOU HAVE NOT MADE ANY PAYMENTS TO WIDE FOR THE USE OF THE SERVICE OR IF NO PAYMENTS WERE MADE ON YOUR BEHALF, THEN WIDE SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.

14.  Indemnification  

You agree to defend, indemnify and hold harmless Wide from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising directly or indirectly from: (i) your use of our Services; (ii) your violation of any term of these Terms; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of our Services (including your violation of any third party rights); (iv) any claim for financial remedies or other compensations due to a decision that was taken or not taken or any action that was made or not made based on the Content, output or any other data resulting from the use of the Services; and (v) your violation of any applicable law or regulation.

15.  Amendments to the Terms  

Wide may change the Terms from time to time, at its sole discretion and without any notice. We will notify regarding substantial changes of these Terms on the homepage of the Site and/or the App and/or we will send you an e-mail regarding such changes to the e-mail address that you provided during registration. Such substantial changes will take effect seven (7) days after such notice was provided on our website or sent via email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of our Services the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. 

16.  Termination of the Services  

At any time, Wide may block your access to our Services and/or temporarily or permanently limit your access to our Services, at its sole discretion, in addition to any other remedies that may be available to Wide under any applicable law. Such actions by Wide may be taken if Wide deems that you have breached any of these Terms in any manner.

Additionally, Wide may at any times, at its sole discretion, cease the operation of our Services or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Wide does not assume any responsibility with respect to, or in connection with the termination of our Services operation and loss of any data. 

The provisions of Section 4 (User Representations and Undertakings), Section 5 (Use Restrictions), Section 6 (Specialists Undertakings and Representations), Section 7( User Generated Content) Section 8 (Privacy Policy, including the Privacy Policy referred to therein), Section 9 (Intellectual Property Rights), Section 10 (Availability), , Section 12 (Disclaimer and Warranties), Section 13 (Limitation of Liability), Section 14 (Indemnification), Section 16 (Termination of the Service) Section 17 (Minors), and Section 19 (General), shall survive the termination or expiration of these Terms.

17.  Minors

To open an Account on our Services, you must be over the age of eighteen (18). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using our Services. 

For Minors, a Guardian may use the Services and add and list the Minor under his or her Account, and provide the applicable personal information on behalf of his or her Minor. The Guardian assumes full responsibility for ensuring that the information that he or she provides to Wide about his or her child is kept secure and that the information submitted is accurate.

For Specialists: You hereby declare that you have all of the required consents, approvals, and rights to provide professional services to such Minor including the receipt, access, processing, transmitting, displaying and providing sensitive and personal information on the Minor’s behalf, as applicable, all in accordance with our Privacy Policy.

 

If You have added and listed a Minor, you hereby declare to Wide that You are the parent or legal guardian of such Minor or that you are a Specialist having received all required consents, including from the Minor’s Guardians to open and use the Services on behalf of the Minor and are entitled under applicable law to do so.  

In the event that it comes to our knowledge that a person under the age of eighteen (18) is using our Services, not in accordance with the abovementioned terms, we will prohibit and block such User from accessing our Services and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy with regard to such User).

18.  Platform Providers  

Since you can download the App from a third-party mobile application marketplace (e.g. App Store), a service provider or distributor (“App Providers”) your use of the App may also be subject to the rules of use of the App Providers in connection with your use of the App (“Rules of Use”). Note that the Rules of Use may apply to you and it is your responsibility to determine whereas the Rules of Use govern your use of the App. You agree to meet all the Rules of Use of the App Providers apply to you.

19.  General

  • Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
  • These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Wide and you.
  • Depending on your primary place of residency these Terms, their interpretation, and any claims and disputes related hereto, shall be governed by the following governing laws specified below, and any and all such claims and disputes shall be brought in, and you hereby consent to them being litigated in and decided exclusively by a court of competent jurisdiction located in the following locations:
    1. If your primary residence is in the USA, the governing law and the exclusive jurisdiction shall be the laws of the state of New York and the city of New York (respectively);
    2. Subject to c) below, if your primary residence is in Europe, the governing law and the exclusive jurisdiction shall be the laws of England and Wales and the city of London (respectively);
    3. If your primary residence is in Israel or in any other territory not mentioned in a) or b) above, the governing law and the exclusive jurisdiction shall be the laws of the State of Israel and the city of Tel Aviv.
  • Wide may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Service to a third party without your consent or prior notice to you. Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof without Wide’s prior explicit and written consent will be null and void.
  • If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
  • No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
  • These Terms constitute the entire terms and conditions between you and Wide relating to the subject matter herein and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Wide and you, including, without limitation, those made by or between any of our respective representatives, with respect to the Service. You agree that you will make no claim at any time or place that these Terms have been orally altered or modified or otherwise changed by oral communication of any kind or character. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Wide in entering into these Terms.
  1. For information, questions or notification of errors, please contact:

If you have any questions (or comments) concerning the Terms, you are most welcome to send Wide an email to: support@widetherapy.com, or use the App by pressing the “Contact Us” button, and Wide will make an effort to reply within a reasonable timeframe. By contacting Wide you warrant and agree that you are free to do so, and that you do not provide Wide with information which violate any third party intellectual rights. Without degrading from the aforesaid, all rights, including intellectual property, arising from the communication will be owned by the Company and will be considered as Wide’ confidential material.

You should not share any Medical Information when communicating with Wide’s support and customer service team. Medical Information should be shared with Clinicians, and the designated support and customer service teams are not healthcare professionals and cannot offer medical advice.

 

@Wide 2022