End User Agreement
Last Modified on May 28, 2024

Welcome to OOTify and the www.OOTify.com website (the “Site”). The Site is a resource hub website through which clinical and sub-clinical resources (collectively, “Resources”) and end users seeking wellness (collectively, “End Users”) may connect through the OOTify hub platform (the “Platform”). Your access and use of the Site, the web application (the “App”), the Platform and features, products and services sourced and created by OOTify, Inc. (“OOTify,” “we,” “us,” or “our”) through the Site, the App or the Platform, but excluding any software, product or services provided by OOTify under a separate written agreement, (individually and collectively, the “Service”) is subject to the terms and conditions in this Terms of Service (this “ToS”).​

DO NOT USE THE SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU ARE IN CRISIS OR EXPERIENCING A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTH CARE PROFESSIONAL OR 911. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.​

IF YOU ARE CONSIDERING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, YOU MUST DISCONTINUE USE OF THE SERVICE IMMEDIATELY, CALL 911 OR NOTIFY APPROPRIATE POLICE OR EMERGENCY MEDICAL PERSONNEL.

IF YOU HAVE EXPERIENCED OR HAVE KNOWLEDGE OF CHILD, DEPENDENT ADULT OR ELDER ABUSE, PLEASE CONTACT YOUR LOCAL PROTECTIVE SERVICES AGENCY.​

You must agree to this ToS in order to use the Service. If you use the Service, we will understand this as your acceptance of this ToS and your agreement to all of its terms and conditions. By accepting this ToS or using the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept this ToS, then you may not use the Service.

OOTIFY IS NOT A HEALTHCARE PROVIDER, AND THE SERVICE DOES NOT INCLUDE THE PROVISION OF MEDICAL CARE, MENTAL HEALTH CARE, OR OTHER PROFESSIONAL SERVICES.​

We make the Site available as a service to you for the purpose of providing informational and educational resources. You acknowledge that although Content (defined below) may be provided by through accessing the Service, the provision of such Content does not create a medical professional and patient relationship. If providing such Content is ever deemed to be the provision of health care services, such Content does not constitute a medical opinion or advice, or diagnosis or treatment. OOTify recommends that you seek the advice of a physician or other qualified healthcare provider regarding your personal health or medical conditions. If any health or medical advice is provided to you by a through the Service, such advice is not provided, sponsored, recommended or approved by OOTify and does not constitute a medical opinion or advice, or diagnosis or treatment. “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Service, including without limitation any Content provided in response to your questions or postings.

WHILE THE PLATFORM ENABLES END USERS TO FIND RESOURCES, WE ARE NOT RESPONSIBLE FOR MONITORING SUCH INFORMATION AND RESOURCES BUT RESERVE THE RIGHT TO DO SO, AND WE ARE NOT A PARTY TO TRANSACTIONS THAT MAY OCCUR BETWEEN END USERS AND AT RESOURCES EXCEPT AS PROVIDED IN THIS TOS. BY USING THE SERVICE, YOU KNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR, AND WE EXPRESSLY DISCLAIM, ALL LIABILITY THAT MAY RESULT FROM INFORMATION MADE AVAILABLE BY END USERS OR RESOURCES AND THE CONDUCT OF END USERS AND AT RESOURCES, WHETHER ONLINE OR OFFLINE. OOTIFY DOES NOT SPONSOR, ENDORSE OR RECOMMEND ANY RESOURCE, NOR DO WE MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, TIMING OR LEGALITY OF THE PRODUCTS OR SERVICES PROVIDED. ADDITIONALLY, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT ANY RESOURCE IS LICENSED, QUALIFIED, INSURED OR CAPABLE OF PERFORMING ANY PRODUCT OR SERVICE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY OR ACCURACY OF ANY OF THE PRODUCTS, SERVICES OR CONTENT. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH PRODUCTS, SERVICES OR CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY RESOURCE LISTED OR ACCESSIBLE THROUGH THE SERVICES.

1. Our Services.
a. Additional Terms Applicable to Resources. If you are one of the providers of Resources using the Service, you agree to comply with the terms and conditions applicable in this ToS with respect to your use of the Service, including, without limitation, the following terms of this Section 1(a):
i. Qualifications.You represent, warrant and covenant that, at the time of registration and on an ongoing basis, you (A) satisfy all requirements applicable to the services you are providing through the Platform, (B) hold all valid and current licenses required to provide such services, (C) are in good standing with any authority issuing approvals or otherwise having regulatory authority over you, and (D) have not received any notice of cancellation, probation, suspension, revocation or non-renewal of any licenses required to provide such services. If and for so long as you fail to satisfy the provisions of this paragraph, you will cease all use of the Service. You will, at our request, cooperate with us in confirming your credentials and compliance with the foregoing representations and warranties. You agree to comply with, and to work directly with End Users to comply with, the requirements and professional standards applicable to you and applicable state and federal laws.​
ii. Responsibilities. When you choose to engage with an End User, we are not responsible for monitoring such information and communications, and we are not a party to any of the transactions that may occur between you and the End User except as provided in Section 5 below or to any agreements that may be entered into between you and the End User. You shall be solely responsible for the services you provide, for any documents you may require from the End User and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform such services. You agree that you are under no obligation to engage with any End User. Any decision to engage with an End User shall be made by you in your sole and absolute discretion. You are responsible for setting, billing and collecting fees, if any, from any End Users.​
iii. Disclaimer of Warranties. You understand and agree that your engagement with an End User is at your sole risk and that OOTify makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through or the performance of, the Service including, but not limited to, (A) information and identities of End Users, (B) results of the services that you provide to End Users and other uses of the Service or (C) the suitability of the End Users that you may engage with for the services you provide.​
iv. Business Associate Agreement. To the extent you are a "covered entity" or "business associate" as such terms are defined under the Health Insurance Portability and Accountability Act of 1996, as amended by the Health Information Technology for Economic and Clinical Health Act and the regulations promulgated thereunder (collectively, "HIPAA"), and OOTify is creating, receiving, maintaining or transmitting "protected health information" on your behalf as a "business associate" for purposes of HIPAA, you acknowledge and agree to the terms of the Business Associate Addendum (the "BAA"), incorporated herein by reference. In the event of any conflict or inconsistency between the BAA and this ToS, the BAA shall govern.

b. Additional Terms Applicable to End Users. If you are an End User using the Service, you agree to comply with the terms and conditions applicable to End Users in this ToS with respect to your use of the Service, including, without limitation, the following terms of this Section 1(b):
i. Resources may or may not have been previously screened or approved by OOTify. When you choose to engage with a Resource, we are not responsible for monitoring such information and communications, and we are not a party to transactions that may occur between you and the Resource except as otherwise provided in Section 5 below. All Resources are solely responsible for the services they provide and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with their performance of or failure to perform their services. The parties agree that you are under no obligation to engage with a Resource. Any decisions to engage with a Resource shall be made by you in your sole and absolute discretion.
ii. OOTify does not endorse and is not responsible or liable for any Content or services available from, or through, a Resource. You agree that should you use or rely on such Content or services, available from or through a Resource, OOTify is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or engagement with a Resource, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Resource exclusively and do not involve OOTify except as provided herein. You should make whatever investigation or consult other resources that you deem necessary or appropriate before engaging with Resources.
iii. You understand and agree that your engagement of a Resource is at your sole risk and that OOTify makes no warranty as to the accuracy, completeness, quality or reliability of any materials, information or data available through the Service including, but not limited to, (A) information about Resources, identities of Resources, recommendations, connections and references and (B) the suitability or results of the services provided by Resources and other uses of the Service.
iv. You agree that OOTify is not responsible for the accessibility or unavailability of a Resource or for your interactions and dealings with them, waive the right to bring or assert any claim against OOTify relating to any interactions or dealings with Resources, and release OOTify from any and all liability arising from or relating to any interactions or dealings with Resources.


2. ToS Updates. OOTify may update this ToS at any time, and OOTify will post the updated version of this ToS on the Site and the App. You understand and agree that you will be deemed to have accepted the updated ToS if you use the Service after the updated ToS is posted. If at any point you do not agree to any portion of this ToS then in effect, you must immediately stop using the Service.


3. Provision of the Service. You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the Service. You acknowledge and agree that OOTify may make changes to the Service at any time without notifying you in advance.


4. Termination of Service. OOTify reserves the right to deny service to any person or entity at OOTify’s sole and absolute discretion. You acknowledge and agree that OOTify may stop providing the Service or restrict your use of the Service at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of this ToS or if OOTify suspects that you have used any aspect of the Service to conduct any fraudulent, illegal or other activity that does not align with the OOTify values (available at OOTify.com/our-story). If OOTify disables your access to your account, you may be prevented from accessing the Service, your account details or any materials contained in your account.


5. Accounts and Security.
a. Account. To access the Service, you must have an account. You can create an account by completing the registration process. You may be required to provide information about yourself as part of the registration process or your continued use of the Service. You understand and agree that we will use and disclose such personal information in accordance with the terms of our Privacy Policy. You agree that any registration information that you submit to OOTify will be correct, accurate and up to date.

b. [RESERVED]

c. Payment of Fees. OOTify shall not be responsible for the payment of any fees or expenses incurred by Resourcesor End Users through the Service or for any disputes that may arise between Resources and End Users. You shall be responsible for payment of any and all taxes, duties, governmental charges and other charges levied on theFees (except taxes based upon OOTify’s income) and you shall indemnify, defend and hold OOTify harmless from and against all claims arising out of or relating to any such charges assessed against OOTify. .

YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE NON-REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

d. Account Security. Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account password. You agree to notify OOTify immediately if you become aware of any unauthorized use of your password or of your account.

e. Account Sharing or Transfers. Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.

f. [RESERVED]
g. Cancellation by End Users. If you are an End User, you may cancel your account or submit a dispute relating to your account by contacting us via email at iris@ootify.com. Content that you have previously shared with other users may remain viewable by those users until they delete such content.

h. Termination by OOTify. OOTify may at any time terminate your account if:
i. OOTify determines that you are (i) in breach of or otherwise acting inconsistently with this ToS or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to OOTify;
ii. OOTify determines it is required by law to terminate your account; or
iii. OOTify decides to stop providing the Service or critical portions of the Service.
i. Effect of Account Termination or Cancellation. If you voluntarily terminate your account or allow your account to lapse, or your account is terminated by OOTify for any type of abuse including, without limitation, a violation of this ToS, your account will be permanently deleted and cannot be reactivated.


6. Use Requirements.

a. License Grant. Subject to the terms and conditions of this ToS, OOTify hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to use the Service, which may only be used in accordance with this ToS and any rules, restrictions and/or documentation set forth by OOTify from time to time.

b. Installation. In connection with the Service, you may run the App on one or more web or mobile devices that you own or control and that meet the minimum specifications provided by OOTify.

c. Updates. You acknowledge and agree that OOTify may update the Service with or without notifying you and add or remove features or functions to the Service at any time in its sole discretion. You acknowledge and agree that OOTify has no obligation to make the Service available to you, make any subsequent versions of the Service available to you or to continue to support the Service in any way. You acknowledge that your access to the Service may not be continuous, features may change during your use of the Service, and OOTify may terminate your access to the Service or stop offering the Service at any time.


7. Restrictions and Conditions of Use.
a. Use of the Service. OOTify permits you to view and use the Service solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the Service. OOTify reserves the right to add or remove information, content or services from the Services at any time at its sole discretion.

b. Accessing the Service. You agree not to access, or attempt to access, the Service by any means other than through the user interface provided through the Site, the App or the Platform. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers).

c. No Violation of Laws. You agree that you will not, in connection with your use of the Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).

d. Use Restrictions. You may not connect to or use the Service in any way that is not expressly permitted by this ToS. You may not: (i) remove any proprietary notices from the Service; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of OOTify; or (iv) make any false, misleading or deceptive statement or representation regarding OOTify and/or the Service.ii. Without limiting the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Service (or any servers, systems or networks connected to the Service) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Service or any other person’s or entity’s use of the Service (or any servers, systems or networks connected to the Service); (ii) attempt to gain unauthorized access to the Service, accounts registered to other users, or any servers, systems or networks connected to the Service; (iii) use the Service for any commercial purpose unless consistent with this ToS and the intended use of the same, or for the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Service, unless you are specifically authorized to do so in a separate written agreement with OOTify; (iv) use the Service to develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful; (iv) use the Service to perform any unsolicited commercial communication not permitted by applicable law; or (v) use the Service to engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not use the Service for any other unlawful, prohibited, abnormal or unusual activity as determined by OOTify in its sole discretion.

e. No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any information from the Service including, without limitation, email addresses or mobile phone numbers of other account holders or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Service.

f. Violation of this ToS. You acknowledge and agree that you are solely responsible, and OOTify has no responsibility or liability to you or any other person or entity, for any breach by you of this ToS or for the consequences of any such breach. OOTify may at its option, terminate its relationship with you, or may suspend your account immediately if it determines you are using the Service contrary to the restrictions found in this Section 7 or any other terms of this ToS.


8. Links.

a. Links from the Site. The Site may contain links to websites operated by other parties. OOTify provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of OOTify and OOTify is not responsible for the content available on the other websites. Such links do not imply OOTify’s sponsorship, recommendation, approval or endorsement of information or material on any other website and OOTify disclaims all liability with regard to your access to and use of such linked websites.

b. Links to the Site. Unless otherwise set forth in a written agreement between you and OOTify, you must adhere to OOTify’s linking policy as follows: (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with OOTify’s or its licensors’ names and trademarks; (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with OOTify; and (c) when selected by a user, the link to the Site must display the Site on full-screen and not within a “frame” on the linking Site. OOTify reserves the right to revoke its consent to the link at any time and in its sole discretion.


‍9. Intellectual Property.

a. Trademarks. The OOTify name and logo, Social Enhancement™ and Accept, Communicate and Enhance™ are trademarks and service marks of OOTify. Unless permitted in a separate written agreement with OOTify, you do not have the right to use any of OOTify’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.

b. Ownership. You acknowledge and agree that OOTify, or its licensors, owns all right, title and interest in and to the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that OOTify has designated as confidential and you agree not to disclose such information without OOTify’s prior written consent.

c. Copyright Agent. OOTify respects the intellectual property rights of others, and requires that people who use the Service do the same. OOTify maintains a policy of terminating users of the Service who engage in repeated infringing conduct. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent
OOTify, Inc.
Legal Department
Tel:(424) 581-7276
Email: legal@ootify.com