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:
Simplifying enrollment in the Program
Supporting increased engagement with the Program and all that it has to offer
Facilitating Mobile App prescriptions where required
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:
Are adults, and
Have their primary residence in the US or the UK
The Mahana prescription programs are designed and intended for patients who:
Have a prescription from a licensed healthcare provider
Are age 22 and older and
Have their primary residence in the US or the UK
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.
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:
Protecting your user name, password, account, and any other information as your confidential information.
Acknowledging and agreeing that your account is personal to you, and accepting responsibility for all activities that happen under your user name and password.
Alerting Mahana immediately of any unauthorized access to, use or disclosure of your user name, password, or any other security violation or breach about which you become aware.
Being careful when you access your account from a public or shared computer so that others are not able to view, track, or record your user name, password, or other Personal Data.
Satisfying your requirements for anti-virus protection and accuracy of data input and output, and finding a way outside of our Websites or Mobile Apps for finding any lost data.
You agree not to use our Websites and Mobile Apps:
In any way that violates Applicable Laws
For purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content
To transmit any advertising or promotional material without prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation
To impersonate or attempt to impersonate Mahana, a Mahana agent or employee, another user, or any other person or entity
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Websites and Mobile Apps, or which, as determined by us, may harm Mahana or users of our Websites and/orMobile Apps, expose them to liability, or be used to decompile, reverse engineer or copy any protection Mahana Content or intellectual property.
Additionally, you agree not to:
Use our Websites and/or Mobile Apps in any manner that could disable, overburden, damage, or impair the site or interfere with any other user’s use of our Websites and/or Mobile Apps, including their ability to engage in real time activities through our Websites and/or Mobile Apps
Use any robot, spider, or other automatic device, process, or means to access our Websites and/or Mobile Apps for any purpose, including monitoring or copying any of the material on our Websites and/or Mobile Apps
Use any manual process to monitor or copy any of the material on our Websites and/or Mobile Apps or for any other unauthorized purpose without our prior written consent
Use any device, software, or routine that interferes with the proper functioning of our Websites and/or Mobile Apps
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Websites and/or Mobile Apps, the server on which Websites and/or Mobile Apps is stored, or any server, computer, or database connected to the Website and/or Mobile Apps
Attack our Websites and/or Mobile Apps via a denial-of-service attack or a distributed denial-of-service attack
Otherwise attempt to interfere with the proper working of our Websites and/or Mobile Apps
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 firstname.lastname@example.org.
In our sole discretion, we have the right to remove or refuse access if any user who:
Infringes any intellectual property right or other right of any person or entity
Threatens the personal safety of any Website and/or Mobile App users or the public
Violates Applicable Laws
Or displays a potential to harm Mahana’ reputation or delivery of products and services, or otherwise create liability for Mahana
Take appropriate legal action for any illegal or unauthorized use of our Websites and/or Mobile Apps or associated services, including, without limitation, referral to law enforcement
Terminate or suspend your access to all or part of our Website(s), Mobile Apps or affiliated Mahana services
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.
Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of a Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
Modify copies of any materials from our Websites or Mobile Apps.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
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:
A distributed denial of service attack
Viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Websites and/or Mobile Apps, or any services or items you get through our Websites and/or Mobile Apps, or to your downloading of any material posted on it, or on any Website and/or Mobile App linked to it
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: email@example.com. And again, we take your privacy and security seriously.
© Copyright 2022. Mahana Therapeutics, Inc. All Rights Reserved