Avalochat Terms Of Service
Real EmPowerment Solutions, LLC (“REPsolutions”) creators and owners of Avalochat (“Avalo,” “our,” “we,” “platform,” or “us”) provides messaging and other support services to users. Please read our Terms of Service so you understand what’s up with your use of Avalo. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”).
NO ACCESS TO EMERGENCY SERVICES: There are important differences between Avalo and your mobile and fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.
In order to use the Services, you must first agree to these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will also refer to that organization, wherever possible.
You must be over 13 years of age to use the Services, and children under the age of 13 cannot use or register for the Services. If you are over 13 years of age but are not yet of legal age to form a binding contract (in many jurisdictions, this age is 18), then you must get your parent or guardian to read these Terms and agree to them for you before you use the Services. If you are a parent or guardian and you provide your consent to your child’s registration with the Services, you agree to be bound by these Terms with respect of your child’s use of the Services.
You agree your purchases and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Avalo or any of its affiliates regarding future functionality or features.
BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE SERVICES.
IF YOU ARE A Avalo USER LOCATED IN THE UNITED STATES OR CANADA, OUR TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH STATES THAT, EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES, Avalo AND YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE READ THE “SPECIAL ARBITRATION PROVISION FOR UNITED STATES OR CANADA USERS” SECTION BELOW TO LEARN MORE.
About our services
Registration. You must be at least 13 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
Fees and Taxes. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.
Not Medical Advice
You acknowledge and agree that the Services constitute, primarily, a personalized self-help system designed to help you improve your own well-being and issues, and that if you choose to utilize the Services you are solely responsible for deciding which of the suggested techniques you put into practice and how to apply those techniques. As such, you acknowledge that Avalo is not a health care provider, and does not provide you with any medical advice.
Any advice or other materials provided through the Services are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. Such advice and other materials are intended to support the relationship between you and your healthcare providers (as the case may be), and not replace it. We are not liable or responsible for any actions taken due to your having read or been told about such advice or other materials. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice or other materials and information published on or through the Services.
If you receive advice from a doctor or other qualified medical professional which conflicts with anything contained in the Services then the former should take precedence. Never disregard professional medical advice or delay in seeking it because of something you have read through these Services. If you think you may have a medical emergency, call your doctor or 911 immediately.
Use of Services by Medical Professionals
In addition to functioning as a standalone personalized self-help system, the Services may also be used by certain medical professionals and/or health care providers (“Experts”). Such use or conversation that occurs on the Service between users and any Expert is intended for general informational purposes and Experts are not responsible for any damages that may occur from a user incorporate any of this general information into their lives.
In the course of registering for or using the Services, you may be required to provide Avalo with certain information, including your name, email address, username and a password (“Credentials”). You are responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify Avalo promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Avalo of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Avalo immediately.
Content and License from You
There is no tolerance for objectionable content or abusive users. AVALO RESERVES THE RIGHT TO BLOCK USERS, DELETE AND MODERATE ANY AND ALL CONTENT SHARED ON AVALO.
Users can flag content using the ‘flag’ icon on text posts or by clicking the ‘more’ icon on videos and selecting the Flag option. Our content review team will then review the content and make a determination on if the content will be removed.
A variety of information, reviews, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials (“Content”) may be made available through the Services by Avalo or its suppliers (“Avalo-Supplied Content”). While Avalo strives to keep the Content that it provides through the Services accurate, complete, and up-to-date, Avalo cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any Avalo -Supplied Content.
You acknowledge that you may also be able to create, transmit, publish or display information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) through use of the Services. All such information is referred to below as “User Content.”
You agree that you are solely responsible for (and that Avalo has no responsibility to you or to any third party for) any User Content, and for the consequences of your actions (including any loss or damage which Avalo may suffer) in connection with such User Content. If you are registering for these Services on behalf of an organization, you also agree that you are also responsible for the actions of associated Users and for any User Content that such associated Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Services.
Avalo may refuse to store, provide, or otherwise maintain your User Content for any or no reason. Avalo may remove your User Content from the Services at any time if you violate these Terms or if the Services are canceled or suspended. If User Content is stored using the Services with an expiration date, Avalo may also delete the User Content as of that date. User Content that is deleted may be irretrievable. You agree that Avalo has no responsibility or liability for the deletion or failure to store any User Content or other communications maintained or transmitted through use of the Services.
Avalo reserves the right (but shall have no obligation) to remove User Content from the Services, in its discretion.
By submitting, posting or otherwise uploading User Content on or through the Services you give Avalo a worldwide, royalty-free, nonexclusive, fully sub-licensable, and perpetual license as set below:
- With respect to User Content that you submit, post or otherwise make publicly or generally available through the Services (such as postings made on the Services’ public forums), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute , publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal purpose; and
- With respect to User Content that you submit, post or otherwise make available privately via the Services (such as communications made to a specific user or User Content which you upload for your own personal use), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the sole purpose of enabling Avalo to provide you with the Services.
You acknowledge and agree that Avalo (or Avalo’s licensors) own all legal right, title and interest in and to the Services and that the Services are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Except as provided in Section Content and License from You, Avalo acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Avalo, you agree that you are responsible for protecting and enforcing those rights and that Avalo has no obligation to do so on your behalf.
License from Avalo and Restrictions on Use
Avalo gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software and Avalo-Supplied Content provided to you as part of the Services on a device that you personally own or control for your own personal non-commercial use. This license is for the sole purpose of allowing you to utilize the Services as a personalized self-help system to help you improve your mental health and well-being and to address anxiety issues, in the manner permitted by these Terms.
You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Avalo, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.
You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
You may not access the Services in a manner intended to avoid incurring fees.
You may not access the Services for the purpose of bringing an intellectual property infringement claim against Avalo or for the purpose of creating a product or service competitive with the Services.
You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the Services in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Avalo, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).
You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 13, as the Services are not intended for children under 13.
Use of the Application requires third party services and equipment such as a compatible mobile device, internet access and a telecommunications carrier. Obtaining and maintaining the equipment and services necessary to use the Application is your responsibility. Avalo is not responsible for equipment defects, lack of service, dropped calls, or other issues arising from third party services or equipment. You are solely responsible for your use of those services on your mobile device and compliance with any applicable third party terms and payment of all applicable third party fees associated with any carrier service plan you use in connection with your use of those services (such as voice, data, SMS, MMS, roaming or other applicable fees charged by the carrier). You are also responsible for maintaining the confidentiality of your user identification and password used to access the Application. You will not disclose or share your password with third parties or use your password for any unauthorized purpose. Any unauthorized use of your user identification or password is your responsibility. If you choose to use a persistent log-in, you should lock your mobile device when not in use to avoid any breach of the security of your information and/or misuse of your identification, password or the Application. You agree not to use the Application to communicate in an offensive or obscene manner, or to spam, threaten, defame or harass other users. Avalo is not in any way responsible for any such use by you or by any person using your password, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of using the Application. Avalo reserves the right, but does not assume the obligation, to remove any objectionable activity or language used in the Application at any time. Avalo reserves the right, but does not assume the obligation, to not publish or to terminate any communication, or posting it determines objectionable in its sole discretion. Use of the Application is void where prohibited. You shall not use the Application to falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; or to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, U.S. regulations pertaining to the export of software from the U.S. to embargoed countries. You will ensure that the information you provide to us through the Application is accurate and complete. We reserve the right to immediately terminate your use of the Application should you fail to comply with any of the foregoing.
Subject to the Terms, certain Services are provided to you without charge and others may require purchase of additional resources and the payment of fees.
Notwithstanding anything to the contrary, if you are using the Services on behalf of an organization, you agree to permit Avalo to identify you as a customer and to use your name and/or logo in Avalo’s website and marketing materials.
Modification and Termination of Services
You may terminate these Terms at any time by canceling your account on the Services. You will not receive any refunds if you cancel your account.
You agree that Avalo, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that Avalo will not be liable to you or any third party for such termination.
Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Federal Arbitration Act
The United States Federal Arbitration Act governs the interpretation and enforcement of this “Special Arbitration Provision for United States or Canada Users” section, including any question whether a Dispute between Avalo and you is subject to arbitration.
Agreement to Arbitrate for Avalo Users Located in the United States or Canada. For Avalo users located in the United States or Canada, Avalo and you each agree to waive the right to a trial by judge or jury for all Disputes, except for the Excluded Disputes. Avalo and you agree that all Disputes (except for the Excluded Disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration. Avalo and you agree not to combine a Dispute that is subject to arbitration under our Terms with a Dispute that is not eligible for arbitration under our Terms.
The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a Dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules. Notwithstanding the AAA Rules, we will reimburse you for all the AAA administrative fees in Disputes that are subject to the Supplementary Procedures for Consumer-Related Disputes, unless the arbitrator determines that a Dispute was filed for purposes of harassment or is patently frivolous.
You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the later of: (i) the date that you first accepted our Terms; and (ii) the date you became subject to this arbitration provision. You must use this address to opt-out:
Real EmPowerment Solutions, LLC
400 N 1st Street, #311
Minneapolis, MN 55401
United States of America
You must include: (1) your name and residence address; (2) the email address associated with your account; and (3) a clear statement that you want to opt out of our Terms’ agreement to arbitrate.
Small Claims Court.
As an alternative to arbitration, if permitted by your local “small claims” court’s rules, you may bring your Dispute in your local “small claims” court, as long as the matter advances on an individual (non-class) basis.
Time Limit to Start Arbitration.
We and you agree that for any Dispute (except for the Excluded Disputes) we and you must commence an arbitration proceeding within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late.
No Class Actions, Class Arbitrations, or Representative Actions for Users Located in the United States or Canada.
We and you each agree that if you are a Avalo user located in the United States or Canada, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.
Severability. If the prohibition against class actions and other Disputes brought on behalf of third parties is found to be unenforceable for a Dispute, then all of the provisions above under the caption “Special Arbitration Provision for United States or Canada Users” will be null and void as to that Dispute.
Place to File Permitted Court Actions.
If you opt out of the agreement to arbitrate, if your Dispute is an Excluded Dispute, or if the arbitration agreement is found to be unenforceable, you agree to be subject to the “Forum and Venue” provisions in the “Dispute Resolution” section set forth above.
The Experts and Expert Services
The Platform may be used to connect you with anonymous peers or an Expert who will provide services to you through the Platform (“Expert Services”). Avalo does not verify the credentials of these Experts.
Experts are independent providers who are neither our employees nor agents nor representatives. The Platform’s role is limited to enabling the Expert Services while the Expert Services themselves are the responsibility of the Expert who provides them. If you feel the Expert Services provided by the Expert do not fit your needs or expectations, you may change to a different Expert who provides services through the Platform.
While we hope the Expert Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE EXPERTS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED COUNSELING OR EMOTIONAL SERVICE DOG CERTIFICATION. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.
Our Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites.
- There will be zero tolerance for objectionable content or abusive users. REPsolutions reserves the right to delete content, profiles, and block users who post material deemed objectionable by REPsolutions.
- You must provide valid email address, and any other information requested in order to complete the signup process
- Your login may be used by only one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. REPsolutions LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.
- You are responsible for all User Data posted and activity that occurs within your Account and the Organizations you own.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not access the Services if you are our direct competitor, except with our prior written consent. In addition, you may not access the services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
- You agree not to interfere with or disrupt our services or servers.
- You agree that we reserve the right to set limits on the number of transactions you may send or receive using our services at any time, with or without notice.
- You agree that our services may involve the transmission of your data over various networks and may require changes to conform to the technical requirements of connecting networks.
- By using our services, you agree that we may access and preserve your account information and any data associated with your account if required to so by law, if required to enforce any part of these terms, or to detect or prevent any fraud, security, or technical issues. User account names must not contain trademarks that are not under license by the registering party.
- All rights and interest in our intellectual property, including technology, shall remain solely and exclusively our property. You agree that our have no rights to or ownership of any of our intellectual property, in whole or in part.
- None of this information is medical information. REPsolutions and any of it’s affiliates are not responsible or liable for any damages resulting from usage of our service.
- None of this information qualifies as personal health information (PHI) under HIPPA. REPsolutions is not responsible for keeping this data protected or private and is not liable for any damages resulting this information.
- REPsolutions may use the information we receive about you for internal operations, including troubleshooting, data analysis, testing, research and service improvement.
None of the individual contributors, system operators, developers, sponsors of marbles nor anyone else connected to marbles can take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented on this web site.
Changes to the Terms
These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Services. You can determine when these Terms were last revised by referring to the “Last Updated” date at the top of these Terms. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services. Please visit this page regularly to review these Terms for any changes.
DISCLAIMER OF WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
Avalo, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Avalo, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT Avalo’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
SUBJECT TO SECTION 12 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Avalo, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Avalo’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
You agree to hold harmless and indemnify Avalo, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “Avalo and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
Forum and Venue. If you are a Avalo user located in the United States or Canada, the “Special Arbitration Provision for United States or Canada Users” section below applies to you. Please also read that section carefully and completely. If you are not subject to the “Special Arbitration Provision for United States or Canada Users” section below, you agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in a state court located in Minnesota, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.
Governing Law. The laws of the State of Minnesota govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between Avalo and you, without regard to conflict of law provisions.
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent identified in the sample notice below.
DMCA Notice of Alleged Infringement (“Notice”)
Protections of Human Subjects
REPsolutions will be submitting an IRB approval covering work with human subjects. All studies and sites involving human subjects conducted under this project will comply with federally-mandated human subjects’ regulations as presented in 45 CFR 46 (Regulations for Research Involving Human Subjects).
Risks to Human Subjects
Human Subject Involvement, Characteristics, and Design
The study will begin by recruiting male and female adults who have an iPhone or android mobile device, and are willing and able to provide informed consent. Participants will be recruited through social media advertising and asked to download Avalo and sign up for the study by providing informed consent. Participants will then use the application with Functions 1, 2, and 3. All participants will be receiving the same version of the application and app usage will be stored on the database. All data collection efforts, expect those reported will occur within the application. Every app click and user-generated content are recorded in the database and linked to a unique ID. This allows the research team to understand length of time on pages, interactions with other users and features, and usage patterns. These data will be the primary inputs to the analysis. The other data reported will be incoming referrals to the two Expert locations. Expert will be asking incoming referrals how they heard of their services and ‘Avalo’ will be an option to select and they will share that anonymous information to the research team monthly.
Econometric analyses on the data to be collected will help gain initial understandings on the app usage patterns. With this data, comparisons of the usage frequencies of each function among different sub-populations will be conducted and a simultaneous equations method will be used to allow the usage of three functions to be correlated with each other and to show whether the usage of a certain function enhances or inhibits the usage of the other function. We will also conduct a panel data analysis to test the causal effect of the app usage on users’ self-reported well-being results. We will conduct natural language processing including sentiment analysis on the user-generated text data in the anonymous forum to better record the type of help and the sentiments of posts and responses that a specific user offers and receives between two mental well-being tracking. The study will run for roughly 4 months and expect to recruit 500 participants during the monitoring period.
Study Procedures, Materials, and Potential Risks
Nearly all participant participation will occur on the Avalo application. Participants will have access to all features and functions of any other app user, however, if participants meet inclusion criteria, they will be prompted to participate prior to download. The only other participant interaction will occur at Expert sites if a participant chooses to seek services and an Expert reports a referral. All data will be gathered from app usage data on their mobile phones and at the point of admission to an Expert location. Study data will be extremely challenging to link to an actual user because personally identifiable information will not be collected for the purposes of the study.
Potential risks include risk to privacy or confidentiality associated with breach of sensitive information on their mobile device, psychological risks from exposure to cyberbullying on the app, a poor experience with a professional at a Expert clinic, or social and emotional risks associated with individuals in their social lives figuring out they are seeking mental health support. These risks are considered low to moderate and improbable. There are not alternative treatments or procedures.
Adequacy of Protection Against Risks
Informed Consent and Assent
Participants will be provided the written informed consent document within the application prior to study enrollment. Written informed consent documents for participation provide complete descriptive information about the research. If requested, it will be translated in a language that the participant understands as needed and will be back translated into English to assure the adequacy of the translation. Additional information to be provided in the informed consent document includes adverse effects, risks, and the need for any follow-up consultations. Compensation will also be addressed in the consent form. After approval of the consent form, written informed consent will be obtained by the research team and the completed form will be sent via secure email to the research team. The signed informed consent document will be maintained in the study site source documentation; the participant can request a copy at any time. Participants can also elect to have the informed consent document sent to their email inbox prior to signing up for participation or after. Capacity to obtain consent will be determined if the user can download the application and fill in the appropriate registration information prior to obtaining consent as that will have proven enough skills in navigating mobile phones and reading and writing proficiency for participation. Should adult subjects not be able to provide consent they will not be able to participate in the study.
Protections Against Risk
Efforts will be made to limit any psychological impact for the study participant and his or her family. The investigators will maintain all participant information in strict confidence. All information about study participants will be contained in an encrypted database that is maintained in a secure facility. All research records will identify the patient only by a coded number. The master linkage between demographics and app usage data and the coded number will be accessible only by study personnel. We will follow all guidelines for confidentiality in research. Participants also have access to appropriate content flagging, blocking, and removing offensive content features within the app and the research team has an offensive content review policy. All sites that recruit subjects will strictly enforce the protections outlined for human subjects in accordance with the FWA and local policy. Key personnel who participate in clinical research are required to complete education in protection of human research participants which is recognized by the NIH and acceptable to local human subjects’ review boards. Certification of human subjects training will be kept on file for all key personnel and will be provided upon request. No research will be implemented without prior approval of the local Institutional Review Board or Ethics Committee or other relevant regulatory bodies. In the event of an adverse effect on a participant, researchers will contact the participant and inquire about the impact and offer referrals to a county or local social worker. Incidental findings will first be brought to the research participant to see what they’d like to do with the findings. If there is a desire for additional support, the research team will find the appropriately qualified professional for additional support.
Vulnerable populations such as prisoners, institutionalized individuals, or children will not be included as they will derive no discernable benefit from study participation and will not be able to provide independent informed consent.
Potential Benefits of the Proposed Research to Research Participants and Others
Benefits of participation may include the provision of information that could result in more rapid identification and diagnosis of mental illness that might afford more efficient referrals for treatment or other interventions to reduce morbidity. The proposed research may result in the development of new technology that may allow earlier detection of symptoms of mental illness, which might benefit public health by facilitating more efficient referrals to treatment to reduce the socioeconomic and clinical impacts of mental illness and those outweigh the relative risks to participants.
Importance of the Knowledge to be Gained
The proposed research may result in the development of new technology that might allow for earlier detection of symptoms of depression from digital and naturalistic data sets, which might benefit public health by reducing treatment gaps and the adverse socioeconomic and clinic impacts of unaddressed or underserved symptoms of mental illness. It may lead to computational or behavioral assessment tools that can be used across ages and cultures to evaluate dysfunction in domains relevant to mental disorders and the development automated detection and diagnosis of potential mental disorders. It could introduce instruments across multiple domains that have high predictive power for the onset or recurrence of mental illness. It may also lead to repeatable models for other disease states to employ similar identification, engagement, and referral techniques for specific mental health conditions like depression, anxiety, PTSD, and bi-polar disorder that could be applied to other data sets like social media or medical records to reduce the treatment gaps and adverse effects of underserved mental illness. Finally, it could lead to novel information technology tools to improve the delivery and dissemination of evidence-based interventions. The research team has evaluated the potential benefits to be gained and agree they outweigh the potential risks.
These terms and conditions were last updated on September 2, 2023.