Version Effective Date: 26 August 2022
Acceptance of the Terms of Use
These Terms of Use are entered into by and between you and Mahana Therapeutics, Inc. (“Mahana,” “our,” “us,” or “we”). These terms apply for use of Mahana's websites, including www.mahana.com (“Websites”), and our digital therapeutic products and associated services (“Mobile App and, together with our Privacy Policy (collectively, “Terms of Use”), govern your engagement with our Websites and Mobile Apps.
Please read the Terms of Use carefully before using the Website and/or Mobile Apps. By using any of our Websites and/or Mobile Apps, you agree to be bound and abide by these Terms of Use.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Websites and/or Mobile Apps thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on our Website.
Your continued use of our Website(s) and/or Mobile Apps following the posting of revised Terms of Use means that you accept and agree to the changes. We recommend checking the Effective Date of our Terms of Use each time you access a Website or Mobile App, and reread the terms if the effective date had been updated since last you checked.
Mahana Therapeutics, Inc., a Delaware company, is operated in the United States (US) by Mahana Therapeutics Inc., and in the United Kingdom (UK) by Mahana Therapeutics Ltd – a wholly-owned subsidiary of Mahana Therapeutics Inc. (collectively known as 'Mahana'). We provide Mahana Mobile Apps, internet products and Website(s) for only people residing within the US and UK. Patients residing in the UK can access our Mobile Apps (including the internet-based IAPT product) where available through NHS sites. In the US, some Mobile Apps require a prescription and only the first module (educational) may be downloaded prior to completion of the enrollment process. We do not authorize access to our Websites or Mobile Apps to persons outside the US or UK. In fact, access to the Website and/or Mobile Apps may not be legal by certain people or in certain countries. If you access the Website and/or Mobile Apps from outside the US or UK, you do so on your own initiative and are responsible for following local laws.
If you are not residing within the US or UK, or you do not want to agree to these Terms of Use, you must not use or access our Websites or the Mobile Apps accessible via Mahana's Website or downloaded from online app stores.
The Mahana websites, internet products, mobile apps, software, platform, and related services are designed to help individuals diagnosed with chronic health conditions, including irritable bowel syndrome (“IBS”). Mahana, via our Mobile Apps, offers Cognitive Behavioral Therapy (CBT) tools as well as written and digital materials, programs and solutions to provide physical and psychological support to individuals with chronic diseases such as IBS to reduce and manage symptoms and promote and support wellness. In addition, Mahana helps:
We understand that your identifying personal data and health information (“Personal Data”) is personal and private, and we are dedicated to maintaining the accessibility, integrity, and security of your Personal Data. We take your privacy seriously. To learn more about our general privacy practices, please read our Privacy Policy.
Mahana is not a healthcare provider and does not engage in the practice of medicine. Never disregard professional medical advice or delay seeking it because of something you have read on our Websites and/or Mobile Apps. Nothing on our Websites or Mobile Apps should be construed as creating a physician- patient relationship between you and Mahana. If you are unsure whether a Mahana product is right for you, consult your physician or a telehealth provider via Mahana’s digital health platform.
Content Standards: The content on our Websites and Mobile Apps, such as text, graphics, images, articles, and other materials (“Content”), is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Nor are our Websites or Mobile Apps designed for the delivery of time-sensitive or life critical medical or health-related communications. Personal entries in our mobile app are not monitored for medical or emergency health care purposes. If you are having an urgent medical issue, contact your healthcare provider or emergency services (as appropriate).
Mahana’s Website and Mobile Apps are designed and intended for patients residing in the US and the UK who:
The Mahana prescription programs are designed and intended for patients who:
Rules for children under the age of 13
Our Websites and Mobile Apps are not intended for children under the age of 13. No one under age 13 may provide any information to or through Mahana’s Website or via our Mobile Apps. If you are under age 13, do not provide Mahana any of the following information:
Your name
Address or e-mail Address Telephone number
User name
Health information or other information
If you learn we have collected or received Personal Data from your child under age 13 without verification or parental consent, submit a deletion request to our Data Subject Portal and we will delete that information and take other appropriate measures.
Guarantees by You:
You guarantee that the information you provide to us is and will be current, true, and complete.
As part of Mahana’s Programs and Services, users will be transmitting personally-identifiable information (“Personal Data” or “PII”)and Protected Health Information (PHI) as permitted by the US Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and equivalent U.S. State-specific law, and the UK General Data Protection, as applicable for the individual data owner (“data subject”). If you have questions about what constitutes Personal Data in your jurisdiction or what Personal Data Mahana collects, see our Privacy Policy or contact Privacy@Mahana.com.
We do not claim ownership rights to your Personal Dataor PHI. However, (i) if you enter Personal Data into Mahana’s Website and/or Mobile Apps or (ii) you authorize our healthcare partners to share your PHI with Mahana to deliver digital health products and services, you grant us a non-exclusive, royalty- free, fully sub-licensable, transferable license to use, display, reproduce, and distribute (in whole or in part) for the sole purposes set forth in our Privacy Policy. To that end, the following shall apply:
Mahana is dedicated to ensuring the accessibility, integrity, and security of your PII and PHI. However, you are responsible for keeping your account secure, which means:
You may use our Websites and Mobile Apps only for lawful purposes in accordance with these Terms of Use and all applicable regulatory and privacy laws (collectively, “Applicable Laws”).
You agree not to use our Websites and Mobile Apps:
Additionally, you agree not to:
Mahana is dedicated to ensuring the accessibility, integrity, and security of your Personal Data that you submit and post. Also, we have the right to disable any username, password, or other identifier at any time in our sole discretion if, in our opinion we believe, these Terms of Use have been violated.
Our Websites and Mobile Apps may include content provided by third parties, including, other users, bloggers, educators, healthcare providers, researchers, and the like. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the author. We are not responsible or liable for the content or accuracy of any materials authored by any third parties.
Your use of our Websites and/or Mobile Apps, their Content, and any services obtained through our Website and/or a Mobile App, including your interactions with our telehealth and other partners, is at your own risk. You understand that we cannot and do not guarantee that files you download from the internet, our Websites and/or Mobile Apps will be free of viruses or other destructive code. To the maximum extent permitted by applicable law, our Websites and Mobile Apps are provided “as is” and “as available,” with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect thereto, either express, implied, or statutory, including, but not limited to, implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and noninfringement. We do not guarantee, in writing or verbally, that the functions will meet your requirements, that any service will be uninterrupted or error-free, or that defects will be corrected. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply.
YOU ACKNOWLEDGE THAT THE SERVICES ALLOW YOU TO COMMUNICATE WITH CERTAIN THIRD PARTIES. MAHANA HAS NO LIABILITY TO THE EXTENT IT IS UNABLE TO PROVIDE ANY COMMUNICATION FEATURE OF THE SERVICE, OR FOR ANY HARM LOSS OR DAMAGES SUFFERED BY YOU AS A RESULT OF ANY THIRD PARTY’S ACTS OR OMISSIONS ARISING FROM YOUR USE OF THE SERVICE. MAHANA SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, DATA LOSS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET.
NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT MAHANA’S WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
We will do scheduled system maintenance from time-to-time. During this time, updates to our Websites and/or Mobile Apps, or parts of a Website and/or Mobile App, may be unavailable. We may need to do emergency maintenance at other times in the event of system failure. You specifically acknowledge that outage and downtime may occur. Use of our Websites and/or Mobile Apps is void where prohibited by regulation.
In our sole discretion and without notice to you, we reserve the right to withdraw or amend any Website, update the Mobile Apps, or modify other Mahana services. We will not be liable if all or any part of a Website and/or Mobile App is unavailable at any time, for any reason. If you are experiencing technical difficulties, please contact support@mahana.com.
In our sole discretion, we have the right to remove or refuse access if any user who:
In the event you are identified as violating these Terms of Use, Mahana may exercise all reasonable remedies, including:
Without limiting the above, we have the right to fully cooperate with any legitimate requests by law enforcement authorities, regulatory agencies, and administrative or court orders that request or direct us to share the identity or other information of anyone posting any materials on our Websites and/or Mobile Apps.
You waive and hold harmless Mahana and its licensees from any claims that result from any action Mahana and/or its licensees take: (1) during, or as a result of its investigations; or (2) as a consequence of investigations or other actions by Mahana, law enforcement, regulatory agencies, or private parties.
Mahana’s Websites, internet products, digital health platform and/or Mobile Apps and Content are owned or controlled by Mahana, its licensors or other providers of such material and protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Under no circumstances may our company trademarks, logos, copyrighted materials, or any of Mahana’s proprietary tools or services be used in any advertising or publicity without the express prior written permission of Mahana.
These Terms of Use permit you to use our Websites and Mobile Apps for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites or Mobile Apps, except as follows:
You must not:
You must not access or use for any commercial purposes any part of our Websites or Mobile Apps, any services or materials available through either.
If you wish to make any use of material on our Websites or Mobile Apps other than that set out in this section, please address your request to: ahamahantherapeutics.com
If you print, copy, change, download, use, or provide any other person or entity with access to any part of our Websites, Mobile Apps, or other Mahana products and services in violation or breach of these Terms of Use, your right to use these sites/programs will end immediately and you must, at our option, return or destroy any copies of the materials you have made.
All rights not expressly granted are reserved by Mahana. No right, title, or interest in or to our Websites, Mobile Apps, digital health platform, affiliated services, or any Content is transferred to you. Any use of our Websites, Mobile Apps, Content, digital health platform and affiliated services that are not expressly permitted by these Terms of Use is a breach of these Terms of Use and may also violate copyright, trademark, and other laws.
The above logo, as well as the Mahana word mark, and all related names, logos, product and service names, designs, tag-lines, and slogans are the trademarks of Mahana Therapeutics, Inc. You must not use these without the prior written permission of Mahana.
To the extent our Websites, Mobile Apps or related services enable you to send or receive text messages, the standard text messaging rates or other carrier charges may apply.
We will not be liable for any loss or damage caused by:
To the fullest extent provided by Law, in no event will Mahana, its affiliates, or their licensors, employees, agents, oicers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use a Website and/or Mobile Apps, any websites or apps linked to it, any Content, or any services or items obtained through our Websites, Mobile Apps. This also includes any direct, indirect, special, incidental, consequential or punitive damages, including, but not limited to: personal injury, pain and suffering, emotional distress, loss of revenue, profits, income, goodwill, or data, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Some geographies do not allow the limitation of liability or exclusion of certain damages, so this limitation may not apply.
If you violate these Terms of Use or have any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees due to your use of our Websites and/or Mobile Apps including, but not limited to, your User Contributions, any use of our Content, and our digital health platform, you agree to defend, indemnify and hold harmless Mahana, its affiliates, licensors and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns.
All matters relating to our Websites, Mobile Apps and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non- contractual disputes or claims), shall be governed by and construed in accordance with the laws of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Regardless of the foregoing, federal law may apply where applicable and as is available based on claims.
Any amendments to and waivers under these Terms of Use shall only be valid if in writing and signed by an authorized admin of Mahana.
No waiver by Mahana of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Mahana to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provision of the Terms of Use will continue in full force and effect.
You expressly agree that you will submit any dispute(s) arising from the use of these Terms of Use, and/or our Websites or Mobile Apps, including their interpretation, violation, invalidity, non-performance, or termination, to binding arbitration under the rules of arbitration of the American arbitration association applying Delaware law and holding the arbitration in a mutually-agreeable location in the US or the UK, regardless of conflicts of law principles.
Requires a stable internet connection.
Our Websites and Mobile Apps are managed by Mahana Therapeutics Inc., 201 Mission St, Suite 1200, San Francisco, CA 94105. Please direct all feedback, requests for technical help, and other communications about our Websites and/or Mobile Apps to: support@mahana.com. And again, we take your privacy and security seriously.
Please consult Mahana’s Privacy Policy for details.
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