Version Effective Date: 26 August 2022
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.
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:
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:
Address or e-mail Address Telephone number
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.
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 agree not to use our Websites and Mobile Apps:
Additionally, you agree not to:
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 email@example.com.
In our sole discretion, we have the right to remove or refuse access if any user who:
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.
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
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.
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: firstname.lastname@example.org. And again, we take your privacy and security seriously.
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