Last Updated: July 14, 2022
- Registration. You may create an account on the app (“App”) by identifying your employer and filling in the registration form with your first name, last name, e-mail address, password, and other information as requested (“Registration Data”). The Registration Data provided by you during the registration process must be correct. With the registration you are concluding a contract with Lyra regarding the use of Lyra’s web-based technology platform and App.
- After you have created an account we will ask you to complete an intake form and an initial assessment in order to enable you to make use of our Services, including our Coaching services (see II. below in this regard) and clinical services, as available in your jurisdiction.
- Representations and Warranties. You represent and warrant that you (i) have the right, authority, and capacity to enter into this agreement and shall abide by all its terms and conditions; (ii) are 18 years old, or, if you are 13 years old, or older, but under 18 years old, you have obtained the consent of your parent or legal guardian to use our Services in which case these Terms apply to you and your parent or legal guardian; and (iii) are entitled to access our Services under the terms and conditions set out by your or your family member’s employer. If you have any problems accessing our website, please contact us by telephone to gain access to our Services.
- Term and Termination. These Terms will remain in full force and effect while you use our Services. You may terminate this agreement and delete access to your account on our Services (“Account”) at any time for any reason by sending us an email at [email protected]. We may suspend or terminate access to your Account and use of our Services as follows: (i) if we suspect unlawful use of the Services or that your continued access or use would result in harm, damage or disruption to us, our Services or others, in which case we will notify you of the reason we took such action; (ii) with 14 days’ advance notice if we suspect that you breached these Terms and do not satisfactorily address the breach where we have indicated what the breach is; (iii) with 30 days’ advance notice for any reason. You understand that termination of your Account will result in termination of this agreement and may involve deletion of the information associated with your Account from our live databases as well as any content that you uploaded to our Services using such Account, but that your coach(es), therapists, or other service providers (“Providers”), or we on behalf of your Providers, may retain such information in accordance with applicable laws and professional standards.
- For users who are located in Spain:
- Right of withdrawal. You are hereby informed that, in Spain, you are entitled to exercise your statutory right of withdrawal from these Terms during the 14 days following the acceptance of these Terms by emailing [email protected] and requesting your withdrawal. You will not be required to give any reason to justify withdrawal nor to pay any sum to exercise this right. Please note that withdrawal from these terms will impact your ability to access our Services.
- Lack of conformity. You are hereby informed that, in Spain, you are entitled to request remedies (legal lack of conformity guarantees) in accordance with applicable laws should you find that our Services do not conform to what is described in these Terms.
- Changes. If we change these Terms, we will post the revised Terms through our Services and update the “Last Revised” date to reflect the date of the changes. We will also provide you with 30 days’ notice of the changes or request your consent to the changes where required by applicable law. If you do not consent to the changes, you may terminate this agreement and delete access to your account as set out in section I.5. Your continued use of our Services following the posting of changes will constitute your agreement to be bound by such changes, modifications, additions or deletions.
II. OUR SERVICES
Our Services are designed to enable you to search for and connect with Providers, who may be licensed clinical providers, coaches, and other professionals who can help you obtain support or treatment for common behavioral health issues. Our Services can also provide you with education and self-care resources addressing skill-building, meditations, and other activities for mental well-being. Our team may assist you in the process of connecting with Providers, and sometimes, if and when appropriate, a member of our team may directly provide you with guidance and education about obtaining Services. We may also help you to track the course of your progress as you work with your Provider.
If you connect with a licensed clinical provider, such a licensed therapist or physician, your licensed clinical provider is solely responsible for providing you with medical care. In such case, Lyra acts primarily as a technology platform to connect you with professional healthcare providers who may be available to provide you with non-emergency care. We do not control or interfere with any licensed clinical providers’ practice of medicine: each provider is responsible for the decisions and services they provide.
Similar to other networks of professionals, there is some turnover in our Provider network throughout the year. Providers may leave the network at any time for a variety of reasons, including voluntary withdrawal or refusal to comply with policies and procedures, and therefore may no longer be available to deliver Services through our program. If your Provider will no longer be in our network, our team can support you in exploring alternative options, including connecting you to an alternative Provider.
To the extent permitted by applicable law, we make no representation, warranty, guarantee or condition as to whether you will find the Provider’s Services relevant, useful, correct, satisfactory, or suitable to your needs, or that Providers’ skills, degrees, qualifications, licenses, certifications, credentials, competence or background will meet your needs.
III. ARE LYRA’S SERVICES RIGHT FOR YOU?
Lyra’s platform is built to help you connect with a Provider or other self-care support to support common behavioral health issues. Lyra will use the information you share with us through our technology platform to determine whether our Services are a fit for your needs by asking you a series of initial screening questions. Based on your responses to these questions, we may be able to offer you a choice of Providers or self-care support; or we may determine that our Services are not well suited for the particular issue for which you are seeking assistance. Please be aware that not all of our Services are available in all jurisdictions; for instance in some locations we may only offer our coaching program or only offer services through one of our partners.
In some cases, our Services may not be the best way for you to seek care and treatment. For example, certain behavioral health conditions might require urgent care or very specialized providers who are not available through our network Providers. If that is the case, we will notify you that our Services are not a good fit for you and will provide you with some additional information about next steps. Though Lyra provides this information to be helpful, neither its screening tool nor its assessments are considered a medical diagnosis and do not constitute a medical opinion about what treatment is appropriate for you. Moreover, these tools may not be administered by a member of a regulated health profession in your jurisdiction. You are ultimately responsible for determining whether our Services are the right choice for you.
If we determine that our Services at not the right fit for you when based on the information you share, you may still return to us at a later time to submit updated information about yourself, in which case we may resume providing you with our Services
We do not request payment from you in order to provide you with the Services. Where permitted by your employer or your family member’s employer, we may charge you a fee if (i) you cancel your appointment with your Provider past the deadline specified in your appointment details or (ii) you do not present yourself to your appointment with your Provider without cancelling before the deadline specified in your appointment details (the fee, if any, will be mentioned in your appointment details). In addition, where Lyra supports our Providers in submitting a claim to a health plan for the Services delivered to you, we may collect an appropriate cost-share, co-insurance or other patient responsibility on behalf of the Provider and as dictated by the terms of your health plan.
In these cases, we may request your payment details in order to charge these fees to you.
V. MEDICAL EMERGENCIES
OUR SERVICES ARE NOT A SUBSTITUTE FOR MEDICAL ADVICE OR TREATMENT. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, SEEK EMERGENCY MEDICAL HELP.
VI. ACCOUNT SECURITY
You are responsible for maintaining the confidentiality of your Account login credentials, and you are fully responsible for all activities that occur under your Account. You hereby agree not to disclose your password to anyone. Lyra Health has no obligation to inquire as to the authority or propriety of any use of or action taken under your Account and will not be liable for any loss or damage arising from any such use or action, or from your failure to comply with this section. You agree to (a) ensure that you exit from your Account at the end of each session on our Services and (b) immediately notify us if you become aware of any unauthorized use of your Account or any other breach of security relating to our Services. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or personal information. If you share your computer with others, you may wish to consider disabling your browser’s auto-sign-in features. We reserve the right to take action we deem necessary to preserve the security of our Services and your Account, to the extent permitted by applicable law.
VII. NONCOMMERCIAL USE ONLY
We offer our Services for your own internal, personal, non-commercial use. Organizations, companies, and/or businesses may not create Accounts and should not use our Services for any purpose.
You agree that you will not, and will not attempt to:
- Interfere with or disrupt the functioning of our Services in any manner, including the functioning of any software, hardware, network or server connected to our Services;
- Distribute or transfer in any manner our Services or any part of our Services to any third party;
- Copy or modify our Services or any part of our Services for any purpose, other than to use our Services as contemplated herein;
- Incorporate by any means any of our Services into another application, website or service;
- Reverse-engineer, modify, adapt, sublicense, translate, or otherwise create derivative works based on any part of our Services for any purpose, commercial or otherwise Use our Services in any manner that is inconsistent with these Terms.
Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, nontransferable right to use our Services on the computers and mobile device(s) that you own or control, solely for your personal non-commercial use in your country of residence for the duration of these Terms.
VIII. ACCEPTABLE USE
Use of our Services requires that you comply with acceptable use rules as set forth in these Terms or as posted in our Services. As part of your responsibilities, you agree that you will not, and will not attempt to:
- Use our Services in an unlawful manner;
- Use our Services in any manner that is harmful, hateful, harassing, abusive, or otherwise offensive to any other person or entity (including us and/or your Provider);
- Express or imply that we endorse any statements you make, unless you have our prior written consent;
- Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without containing the prior consent of the owner of such proprietary rights;
- Remove any copyright, trademark, or other proprietary rights notices contained on our Services;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of our Services;
- Interfere with or disrupt our Services, or servers or networks connected to our Services;
- Post, email, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through our Services;
- Frame or mirror any part of our Services without our prior written authorization;
- Use meta tags, code, or other devices containing any references to us or our Services to direct any person to any other web site for any purpose;
- Interfere with or inhibit any other user from using or enjoying our Services;
- Use our Services as a means to distribute unsolicited or unauthorized communications, advertisements or spam;
- Collect, use or transmit any data or content on our Services that violates any third-party right;
- Create a false identity, impersonate another person or entity, or otherwise misrepresent yourself; or
- Breach or otherwise circumvent any security measures incorporated into our Services.
The materials displayed or performed or available on or through our Services, including but not limited to text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined in XI below), and other content (all of the foregoing, the “Content”) are protected by copyright and/or intellectual property laws. We own all right, title and interest in and to our Services, including all intellectual property rights, and any suggestions, ideas or other feedback provided by you to us relating to our Services. We will solely and exclusively own any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from our Services. As between you and us, we own any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights relating to our Services. Except for that information which is in the public domain, meaning such information exists in a location other than on our website behind registration, you may not copy, modify, publish, transmit, distribute, or sell any of our proprietary information without express written permission. Certain names, logos, and other materials displayed in our Services may constitute trademarks, trade names, Services marks or logos (“Marks”) of ours or our licensors. You are not authorized to use these Marks. Ownership of all Marks and the goodwill associated with them belongs to us or our licensors.
X. OUR CONTENT
We make opinions, advice, statements, offers, and other information available through our Services. Any such information made available through our Services, but not authored by us, belongs to its respective authors, and should not necessarily be relied upon. To the extent permitted by applicable law, we do not (i) guarantee the accuracy, completeness, or usefulness of any information on our Services, or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any third party that appears on our Services. To the extent permitted by applicable law, and except as set out in Section XIIV, under no circumstances will we or our affiliates be responsible for any loss or damage resulting from your reliance on information or such content posted on our Services or transmitted to or by other users of our Services.
XI. CONTENT YOU POST OR SHARE ON LYRA’S WEB SITE OR SERVICES
- Sole Responsibility. You are solely responsible for the User Submissions that you publish, transmit or display (hereinafter, “post”) on or via our Services. You will not provide inaccurate, misleading or false information to us or to any other user. If information provided to us, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of the change.
- Review by Us. You understand and agree that we may review and delete any Content that would violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other users or parties.
- Modification of Content You Provide. For all User Submissions, you hereby grant us a license to translate, edit, modify (exclusively for strictly technical purposes, for example making sure your content is viewable on mobile devices as well as computers) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate our Services.
- Use of Content You Post. By posting User Submissions in connection with our Services, you automatically grant, and you represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, non-exclusive, free of charge, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such User Submissions, and to prepare derivative works of, or incorporate into other works, such User Submissions, and to grant and authorize sublicenses of the foregoing, for the maximum duration of the intellectual property rights attached to these User Submissions.
- Legal Guarantees. Your use of our Services must be in accordance with any and all applicable laws and regulations. You further represent and warrant that public posting and use of your User Submissions by us will not infringe or violate the rights of any third party.
Our Services may provide, Providers may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, nor does the deletion of your Account impact any accounts you may have with external sites or resources. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
You are not obligated to register with Lyra in order to access the Website; however, certain services of this Website are available only to users who have registered with Lyra. If you are asked to and would like to register for an account (“Account”), you will be required to enter your name, email address, password (“Password”) and certain other information (e.g., date of birth, contact information, and current concerns). If you choose to register on our website, you are confirming that you are eligible to access our services through an employer-sponsored benefits program. By providing us with your personal email, you are agreeing that Lyra may use this email address to send you information regarding prospective providers, any appointments you schedule through Lyra, and additional information concerning your experience and treatment with our group of providers. At times, this information may include protected health information (“PHI”), such as details regarding prospective providers to support mental health concerns, details of appointments you schedule through Lyra, and communications with our care team responding to concerns you may raise through email to the care team. Lyra’s care team is committed to supporting your privacy and will only include the minimum necessary information in emails it will send to you. For more information, see Lyra’s Consent to Use Email policy available at lyrahealth.com/email-consent. You agree that all information you provide is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it current. You may not transfer or share your Password or Account (collectively, the “Account Information”) with anyone.
NOTHING IN THESE TERMS AFFECTS ANY STATUTORY RIGHTS THAT YOU ARE ENTITLED TO AS A CONSUMER AND THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER AND WAIVE. WE OFFER OUR SERVICES WITHOUT WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND OTHER THAN THOSE IT IS REQUIRED TO OFFER UNDER THE APPLICABLE LAWS OF YOUR JURISDICTION.
XIV. LIMITATION OF LIABILITY
Lyra won’t be liable for losses you incur, or that any third party incurs, due to your use of Lyra’s Web Site or Services. In limited circumstances, Lyra may have a separate agreement with respect to liability with the employer-sponsor of Lyra’s Services. To the extent that this section conflicts with the terms of the agreement with the employer-sponsor, the terms of the agreement with the employer will apply.
IN NO EVENT WILL LYRA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE, OUR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION MADE AVAILABLE THROUGH OUR SERVICES OR ANY SERVICES PERFORMED BY ANY HEALTHCARE PROVIDERS YOU CONNECT WITH VIA OUR SERVICES (INCLUDING CLAIMS OF MEDICAL MALPRACTICE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY FOR ALL CLAIMS OF EVERY KIND WILL NOT EXCEED U.S. $100. THE FOREGOING LIMITATION OF LIABILITY WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY ARISING FROM THE USE OF OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
- If you are a consumer located in France, the above paragraph does not apply to any damage you suffered in connection with a breach of our obligations.
- If you are in Germany, the following paragraph applies: Our liability for damages caused by slight negligence, irrespective of its legal ground, shall be limited as follows: (i) we shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations; (ii) we shall not be liable due to a slightly negligent breach of any other duty of care applicable. The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability under the local product liability act, and liability for culpably caused injuries of life, body or health. In addition, such limitations of liability shall not apply if and to the extent we have assumed a specific guarantee. The aforesaid limitations shall apply accordingly to our liability for futile expenses.
- If you are located in the UK, the following paragraph applies: Nothing in these Terms is intended to exclude or limit our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; fraud, or fraudulent misrepresentation; or any liability that cannot be excluded by law. To the extent permitted by applicable law, we are not responsible for any loss or damage that you suffer unless it is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We shall also not be held liable for (i) delay or failure in performance resulting from causes beyond our reasonable control; or (ii) damage to your own digital content or device which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose, despite the prohibition to do so as set out above, we will have no liability to you for any loss related to your use of the Services for such purpose, including loss of profit, loss of business, business interruption, or loss of business opportunity.
XV. JURISDICTION AND CHOICE OF LAW
The following shall apply only if you are located outside the European Economic Area, Switzerland or the United Kingdom: The validity, interpretation, construction and performance of these Terms will be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. Any dispute arising under or relating to these Terms may be resolved by final and binding arbitration in San Francisco, California, under the rules of the American Arbitration Association, and either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. To the extent permitted by law, you may only resolve disputes with us on an individual basis and not as part of any class, consolidated or representative action. To the extent that this section is in conflict with the terms of an agreement with the employer-sponsor, the terms of the agreement with the employer will apply.
The following shall apply only if you are located inside the European Economic Area, Switzerland or the United Kingdom: The validity, interpretation, construction and performance of these Terms will be governed by the law of your country of residence. You may bring proceedings arising under or relating to these Terms before the courts of your place of residence or before the courts where we are domiciled. We do not and are not obligated to participate in alternative dispute resolution procedures before an alternative dispute resolution entity for consumers. Additionally, the European Commission provides a website for online dispute resolution, dedicated to helping consumers and traders resolve their disputes out-of-court, available at https://ec.europa.eu/consumers/odr/ (this does not apply if you are in the United Kingdom or Switzerland).
XVI. INDEMNITY BY YOU
These Terms constitute the entire and final agreement between you and us and supersede any prior agreements between us concerning the matters addressed herein. The section titles in these Terms are for convenience only and have no legal or contractual effect. You may not transfer any of your rights under these Terms, unless we agree to this, otherwise any such attempt will be null and void. All words used in these Terms are to be construed to be of such gender or number as the circumstances require. The words “including,” “includes” or “include” are to be read as listing non-exclusive examples of the matters referred to, whether or not words such as “without limitation” or “but not limited to” are used in each instance. Any reference to our “Services” in these Terms shall also apply to any component of our Services. Our failure to enforce any provision of these Terms immediately against you will not prevent us from being able to enforce any provision at a later date. If any provision is found to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You have no authority to act on behalf of us or bind us to any legal obligations outside of these Terms in any way. These Terms are between you and us and nobody else can enforce them.
The parties have expressly requested and required that these Terms and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ces termes et conditions ainsi que tous les documents qui s’y rapportent soient rédigés en anglais.
XIX. CONTACT US
If you have any questions or complaints, or wish to advise Lyra Health of any errors, you may contact us using the information below:
Email: [email protected]
Lyra Health, Inc.
287 Lorton Avenue
Burlingame, CA 94010 USA