Oui Therapeutics

Terms of Service & Privacy Policy

Our Terms of Service and Privacy Policy are below.

Oui Therapeutics Privacy Policy: Last Updated July 2021

Thank you for visiting the Oui Therapeutics™ Offering (the "Offering"). The Offering is a property of Oui Therapeutics (“Oui Therapeutics™,” “we” or “us”). This Oui Therapeutics™ Privacy Policy (“Privacy Policy”) sets out how we use, share and protect Personal Information (as hereinafter defined) and other information that we collect when you:

a. access or use the Offering; b. register to become a Member; and/or c. use the Oui Therapeutics™ Offerings including, without limitation, the Services and/or Promotions.

Capitalized terms not defined herein shall have the meaning set forth in the Oui Therapeutics™ Offering Terms and Conditions ("Terms and Conditions").

Except where noted, statements in this Privacy Policy with respect to Oui Therapeutics Offerings apply to Oui Therapeutics mobile device applications ("Apps") for iPhone, iPad and Android devices.

YOU MUST AFFIRMATIVELY CONSENT TO USE OUR OFFERINGS, AND BY DOING SO, YOU CONSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE AND/OR OUI THERAPEUTICS™ OFFERINGS.

We will only process your Personal Information in accordance with applicable data protection and privacy laws. For the purposes of UK and EU data protection legislation, the data controller is Oui Therapeutics, 4 Science Park, New Haven, CT 06511

1. Information We Collect We collect three basic types of information and data: Personal Information, non-Personal Information, and aggregate data.

2. Personal Information Collected For the purposes of this Privacy Policy, Personal Information shall mean individually identifiable information from or about an individual. We collect Personal Information from end-users primarily in two (2) ways:

  1. when you register to become a Member;
  2. when you access the app and provide information in connection with your use of the Oui Therapeutics™ Offerings

In addition, when you access and use Oui Therapeutics™ Offerings, we may collect certain usage data, such as:

  1. the number of times that you visit the Offering;
  2. the specific Oui Therapeutics™ Offerings accessed, as well as the frequency and duration of use associated with them; and
  3. other analyses and data associated with your access to, and use of, Oui Therapeutics™ Offerings (collectively, "Usage Data").

We also may collect information and responses you provide when participating in activities, which may include activity postings, survey responses, assessment responses and any other data you generate in using Oui Therapeutics™ Offerings ("User Responses").

3. Offering Registration The Personal Information that you must supply in order to obtain access to the Oui Therapeutics™ Offerings may include, without limitation:

  1. your full name;
  2. your e-mail address;
  3. your user name and password;
  4. any and all other information requested on the applicable registration form (collectively, "Offering Registration Data").

4. Use of Personal Information We may use your Usage Data, and share it with third parties:

  1. to assist us and such third parties in studying, evaluating and improving Oui Therapeutics™ Offerings;
  2. determine your preferences and tailor Oui Therapeutics™ Offerings to your needs; and
  3. so that we can promote Oui Therapeutics™ Offerings to third parties (using Usage Data on an aggregate and anonymous basis in that instance).
  4. to assist in case of emergency to call 911 or the National Suicide Hotline, at the discretion of the clinician.
  5. to determine additional Plan Sponsor offerings and develop future offerings. Users should not expect that clinicians will be monitoring their progress within the app to respond to emergency situations. Other than in connection with the limited use of Usage Data and Personal Information as specified above, Oui Therapeutics™ will never sell, rent, exchange or barter your Personal Information to or with any third party for financial gain or marketing purposes. When you register, we use the Personal Information that you make available to personalize your experience with the Site, facilitate the delivery of the applicable Oui Therapeutics™ Offerings to you and for verification purposes. You also agree that we may contact you at any time with updates and any other information that we may deem appropriate for you to receive in connection with your continued use of Oui Therapeutics™ Offerings, and to keep you informed of our other products and services. In addition, if you identify yourself to us by sending us an email or some other communication with questions or comments, we may use such information (including Personal Information) to respond to your questions or comments, and we may file your questions or comments for future reference. The Personal Information that you submit to Oui Therapeutics™ remains your property, but by making the Personal Information available to Oui Therapeutics™, you grant Oui Therapeutics™ the right, subject to applicable state and federal law, to use that Personal Information to bring you certain promotional offers from Oui Therapeutics™ and its third party partners that Oui Therapeutics™ believes may be of interest to you. We may permit our third-party agents, service providers, vendors and subcontractors (such as vendors and suppliers that provide us with technology, services, advertising and marketing assistance or content in connection with our operation and maintenance of Oui Therapeutics™ Offerings) to access Usage Data, but they are only permitted to do so in connection with performing services for us or to operate Oui Therapeutics™ Offerings. Third parties are not authorized to use your Personal Information for their own benefit. In addition, we may use, or permit third-party research partners to use, User Responses for research or data analysis purposes. We may also supplement the information that we collect with information from other sources to assist us in evaluating and improving Oui Therapeutics™ Offerings, and to determine your preferences so that we can tailor Oui Therapeutics™ Offerings to your needs. Information that we collect about you also may be combined by us with other information available to us through third parties for research and measurement purposes, including measuring the effectiveness of content, advertising or programs. This information from other sources may include age, gender, demographic, geographic, personal interests, product purchase activity or other information. We may report aggregate information, which is not able to be identified back to an individual user, to our current or prospective advertisers and other business and research partners. We reserve the right to release current or past Personal Information:
  6. in the event that we believe that Oui Therapeutics™ Offerings are being or has been used in violation of the Terms and Conditions or to commit unlawful acts;
  7. if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any Personal Information pursuant to a subpoena; or
  8. if Oui Therapeutics™ is sold, merged or acquired; provided, however, that if Oui Therapeutics™ is involved in a merger, acquisition or sale of all or a portion of its assets, you will be notified via email, as well as any choices that you may have regarding your Personal Information.

5. Non-Personal Information Collection and Use We may collect certain non-personally identifiable information about you when you use the Offering, even if you are not a Member. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Offering and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze Offering usage, as well as to offer you products and services.

6. How we may use cookies and other tracking technologies When providing our Services we may use the following types of cookies and tracking technologies for the purposes set out below. Cookies and local storage may be set and accessed on your computer. Upon your first visit to the Services, a cookie or local storage may be sent to your computer that uniquely identifies your browser. "Cookies" and local storage are small files containing a string of characters that is sent to your computer's browser and stored on your device when you visit a website. Many major Web services use cookies to provide useful features for their users. Each Web site can send its own cookie to your browser. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent; however, if you reject cookies, you will not be able to sign in to the Services or take full advantage of our Services. Additionally, if you clear all cookies on your browser at any point after setting your browser to refuse all cookies or indicate when a cookie is being sent, you will have to again reset your browser to refuse all cookies or indicate when a cookie is being sent. To support our Services we may use one or more of the following cookies for the purposes set forth below:

Type of CookiePurpose
Analytics and Performance CookiesThese cookies are used to collect information about traffic to our Services and how users use our Services. The information gathered does not identify any individual visitor. The information is aggregated and therefore anonymous. It includes the number of visitors to our Services, the websites that referred them to our Services, the pages that they visited on our Services, what time of day they visited our Services, whether they have visited our Services before, and other similar information. We use this information to help operate our Services more efficiently, to gather broad demographic information and to monitor the level of activity on our Services. We use Google Analytics for this purpose. Google Analytics uses its own cookies. It is only used to improve how our Services work. You can find out more information about Google Analytics cookies here: Find out more information about Google Analytics cookies. You can find out more about how Google protects your data here: www.google.com/analytics/learn/privacy.html. You can prevent the use of Google Analytics relating to your use of our Services by downloading and installing the browser plugin available via this link: Google Analytics Opt-out Browser Add-on
Essential CookiesThese cookies are essential to provide you with services available through our Services and to enable you to use some of its features. For example, they allow you to log in to secure areas of our Services and help the content of the pages you request load quickly. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.
Functionality CookiesThese cookies allow our Services to remember choices you make when you use our Services, such as remembering your language preferences, remembering your login details, remembering which polls you have voted in and in some cases, to show you poll results, and remembering the changes you make to other parts of our Services which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Services.

You can find more information about cookies and how they work, what cookies have been set on your computer or mobile device and how to manage and delete them at https://www.allaboutcookies.org/. We may also use "pixel tags," which are small graphic files that allow us and third parties to monitor the use of the Services and collect Usage Data. A pixel tag can collect information such as the IP address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time (and length of time) the page containing the pixel tag was viewed; the type of browser that retrieved the pixel tag; and the identification number of any cookie previously placed by that server on your computer. We may use pixel tags, either provided by us or by our third party advertisers, service providers and ad networks, to collect information about your visit, including the pages you view, the links you click and other actions taken in connection with our sites and Services and use them in combination with our cookies to provide offers and information of interest to you. Pixel tags may also enable ad networks to serve targeted advertisements to you when you visit the Services or other websites. In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.

7. Location Information When you use Oui Therapeutics™ Offerings, the Services, or Promotions, we may collect location information either provided by a mobile device interacting with one of our applications, or associated with your IP address, where we are permitted by law to process this information.

8. Aggregate Data Oui Therapeutics™ reserves the right to transfer aggregate or group data about Oui Therapeutics™ users (including Usage Data where same is not linked to Personal Information) for lawful purposes. Aggregate or group data is data that describes the demographics, usage or other characteristics of Oui Therapeutics™ users as a group, without disclosing personally identifiable information.

9. Mobile Devices One or more of our Apps may require that you be registered and signed in in order to use them. The information that we collect through your use of our Apps and tools will be treated as Personal Information under this Privacy Policy. When you download and install one of our mobile Apps onto your mobile device we assign a random number to your App installation. This number cannot be used to identify you personally, and we cannot identify you personally unless you choose to become a registered user of the App. We use this random number in a manner similar to our use of Cookies as described in this Privacy Policy. Unlike Cookies, the random number is assigned to your installation of the App itself and not a browser, because the App does not work through your browser. Therefore the random number cannot be removed through settings. If you do not want us to use the random number for the purposes for which we use Cookies, please do not use our mobile device Apps.

10. Third-Party Websites Oui offerings may contain links to third-party owned and/or operated websites. Oui Therapeutics™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Oui Therapeutics™ has no responsibility or liability relating to them.

11. Security We endeavor to safeguard and protect our Members’ Personal Information. When Members make Personal Information available to us, their Personal Information is protected both online and offline (to the extent that we maintain any Personal Information offline). The privacy of your Personal Information is very important to us. When our registration process asks users to submit sensitive Personal Information (if any), and when we transmit such sensitive information, that information is encrypted and is protected with SSL encryption software. Access to your Personal Information is strictly limited, and we take reasonable measures to ensure that your Personal Information is not accessible to the public. The servers that we store Personal Information in are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of Personal Information under our control. Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your Personal Information, and technological bugs, errors and glitches may cause inadvertent disclosures of your Personal Information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software constitutes a crime punishable by law. For the reasons mentioned above, we cannot warrant that your Personal Information will be absolutely secure. Any transmission of data at or through Oui offerings is at your own risk. All of our Members’ Personal Information, not just the sensitive information mentioned above, is restricted in our offices. Only employees or third party agents who need the Personal Information to perform a specific job are granted access to Personal Information. Our employees are dedicated to ensuring the security and privacy of all user Personal Information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws or other laws applicable to persons using our Offerings in foreign countries, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

12. Information from users outside the U.S.A. and consent to transfer information The Services are operated in the United States of America. If you are located in another jurisdiction, please be aware that information you provide to us may be transferred to, stored and processed in the U.S.A. By using the Services or providing us with any information, you consent to this transfer, processing, and storage of your information in the U.S.A., a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

13. Managing Your Settings Even after consenting to the Privacy Policy and Terms and Conditions, you may opt out of receiving e-mail advertising from us by following the instructions at the end of the applicable e-mail message or by sending us an e-mail at support@ouitherapeutics.com and asking us not to send you e-mail advertising. Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Oui Therapeutics™ Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Oui Therapeutics™ Offerings-related and inquiry response-related messages from Oui Therapeutics™, you must cease requesting and/or utilizing the Oui Therapeutics™ Offerings and cease submitting inquiries to Oui Therapeutics™, as applicable.

14. Identifying, Deleting and Updating Your Information At your request, we will inform you of what Personal Information we have on file for you. In addition, at your request, we will update, correct, modify or delete Personal Information that you have provided to us, or that we have collected. You may do so by contacting us via e-mail at support@Oui Therapeutics.com; provided, however, that we ask individual Members to identify themselves and the information requested to be accessed or updated before processing such requests. We will comply with your request as soon as reasonably practicable. However, we may maintain Personal Information whenever we are required to do so by law or regulations or as we believe is reasonably necessary to comply with applicable law or regulations, government requests, to detect or prevent fraud, to resolve disputes, to address problems with the Services, to assist with investigations, or to enforce our terms and conditions or other applicable agreements or policies. We may also need to retain certain information for recordkeeping purposes. We will retain your Personal Information for the period necessary to fulfil the purposes outlined in this Policy unless a longer retention period is required or permitted by law.

15. Children Oui Therapeutics™ is committed to children's privacy. Oui Therapeutics™ does not knowingly permit any person less than 13 years of age to register directly for the Oui Therapeutics™ Offerings.

16. Changes to this Privacy Policy Oui Therapeutics™ reserves the right to change or update this Privacy Policy at any time by posting a notice on the Offering that we are changing our Privacy Policy. If the manner in which we use Personal Information changes, Oui Therapeutics™ will notify Members by:

  1. sending the modified policy to our Members via email; and/or
  2. by any other reasonable means acceptable under applicable state and federal law.

If you do not agree to the changes, you should discontinue your use of the Offering. Your continued use of the Offering after you have been notified of the changes will signify your consent to such changes.

17. Contact Us If you have any questions or comments about this Privacy Policy, please e-mail us at support@ouitherapeutics.com, or send a letter to: Oui Therapeutics, 4 Science Park, New Haven, CT 06511

Oui Therapeutics™ Terms and Conditions

Oui Therapeutics ("Oui Therapeutics™," “we” or “us”) thanks you using our products. The following Oui Therapeutics™ Terms and Conditions (the “Terms and Conditions”) apply in their entirety when you:

  1. access or use the Offering;

  2. register as a Oui Therapeutics™ member ("Member") at the Offering, which provides you with access to some or all of the Offering’s activities, content, products, services, surveys and tests (collectively, the “Oui Therapeutics™ Services), as well as various interactive features and services (collectively, the “Interactive Services” and together with the Oui Therapeutics™ Services, the “Services”); or

  3. register for one of our sweepstakes, promotional offers or contests, as offered from time to time (the "Promotions").

The Oui Therapeutics™ Website Privacy Policy ("Privacy Policy"), the Oui Therapeutics™ Non-Disclosure and Confidentiality Agreement, other Oui Therapeutics™ operating rules, policies, price schedules (if any), Promotions rules and additional supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the Agreement carefully.

YOU MUST AFFIRMATIVELY CONSENT TO USE OUR OFFERINGS, AND BY DOING SO, YOU CONSENT TO THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO OUR TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICES, CONTENT (AS THAT TERM IS DEFINED BELOW), PROMOTIONS OR SITE IN ANY MANNER OR FORM WHATSOEVER.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE OFFERING, OR IF YOU ARE AN EDUCATOR (AS DEFINED BELOW) WHO IS ACTING AS THE AGENT OF A PARENT OR LEGAL GUARDIAN, YOU MUST AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.

The Content appearing on the OFFERING is provided for informational purposes only. Much of the Content, as well as the Member Content (as defined below), appearing on the Offering is provided by third-parties. Oui Therapeutics™ shall not be responsible or liable for the accuracy, usefulness or availability of any Content, Member Content or other information transmitted or made available by and through the Offering and/or Services.

Under our Privacy Policy, we will only process your Personal Information (as defined in the Privacy Policy) in accordance with applicable data protection and privacy laws. For the purposes of UK and EU data protection legislation, the data controller is Oui Therapeutics, 4 Science Park, New Haven, CT 06511

1. Scope/Modification of Agreement You agree to the terms and conditions outlined in the Agreement with respect to your use of the Services, Content, Offering, Promotions, Member Content and/or any other analyses, research, opinions, reports and/or other information provided by or through same(collectively, "Oui Therapeutics™ Offerings"). The Agreement constitutes the entire and only agreement between you and Oui Therapeutics™ with respect to your use of the Oui Therapeutics™ Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Oui Therapeutics™ Offerings. Oui Therapeutics™ may, without notice, update, revise, or change the Agreement, and the scope and functionality of the Oui Therapeutics™ Offerings, in whole or in part, at any time; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes that arose prior to the applicable amendment or modification. The latest Agreement will be posted on the Offering, and you should review the Agreement prior to using the Oui Therapeutics™ Offerings. By your continued use of the Oui Therapeutics™ Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check the Offering for any updates and/or changes. You understand and agree that Oui Therapeutics™ is not responsible or liable in any manner whatsoever for your inability to use the Oui Therapeutics™ Offerings.

2. Requirements The Oui Therapeutics™ Offerings are not available to:

  1. any users previously suspended or removed from the Site or Services OR
  2. ANY PERSONS UNDER THE AGE OF 18 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A PARENT OR LEGAL GUARDIAN.

3. Oui Therapeutics Health™ Oui Therapeutics™ offers its Products and Services to various healthcare providers, health plans and/or other organizations and companies (collectively, "Oui Therapeutics Health Program Companies"). Members, employees, clients or customers (“Oui Therapeutics Health Program Clients”) of such Oui Therapeutics Health Program Companies may be subject to the payment terms provided by their Oui Therapeutics Health Program Company.

4. Description of the Content Subject to the terms and conditions of the Agreement, end - users that possess the requisite technology and register shall have the opportunity to view all or some of the quizzes, tests, challenges and activities (collectively, "Activities"), as well as the media, text, images, graphics, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations, user interfaces, audio, video, photographs, trademarks, logos, artwork, news articles and other content made available by and through the Services (collectively, and together with the Activities, the “Content”). The Content is compiled, distributed and displayed by Oui Therapeutics™, as well as Members, and other third - party content providers (“Third - Party Providers”). Oui Therapeutics™ does not control the Content provided by Members and/or Third - Party Providers that is made available by and through the Services and/or Offering. Such Members and/or Third - Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Oui Therapeutics™ does not represent or warrant that the Content and other information posted by and through the Services and/or Site is accurate, complete, up to date or appropriate. You understand and agree that Oui Therapeutics™ will not be responsible for, and Oui Therapeutics™ undertakes no responsibility to monitor or otherwise police, such Content. You agree that Oui Therapeutics™ shall have no obligation and incur no liability to you in connection with any such Content. You may find certain Content as posted by Members and/or Third - Party Providers to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Oui Therapeutics™ Offerings. If you would like to register a complaint, notify Oui Therapeutics™ of a dispute, notify Oui Therapeutics™ of any improper use of your Content or other information or notify Oui Therapeutics™ of inaccurate or misleading Content appearing on the Offering or otherwise made available by and through the Services, please feel free to contact us at support@Oui Therapeutics.com.

5. Description of the Oui Therapeutics™ Services Subject to the terms and conditions of the Agreement including, without limitation, those contained in Sections 11 and 12 below, Members shall have access to the Oui Therapeutics™ Services. The Oui Therapeutics™ Services include a series of proprietary Oui Therapeutics™ Activities, challenges and other Content that are designed reduice suicide attempts by employing a broad range of skills.

6. Member Content Terms of Use and Restrictions As a Member, you agree that you are solely responsible for the Member Content and/or other information that you publish, transmit and/or post by and through the Offering and/or Services. You agree to use the Offering and/or Services in a manner consistent with any and all applicable laws, rules and regulations. In connection with your use of the Site and/or Services, you agree not to:

  1. display any telephone numbers, street addresses, URLs, e - mail addresses or confidential information of any third party;
  2. display any audio files, text, photographs, videos or other images containing confidential information;
  3. display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law;
  4. impersonate any person or entity;
  5. "stalk" or otherwise harass any person;
  6. engage in any unauthorized advertising or commercial solicitation of third parties;
  7. transmit any chain letters, spam or junk e - mail;
  8. express or imply that any statements that you make are endorsed by Oui Therapeutics™, without our specific prior written consent;
  9. harvest or collect personal information of other Members or other persons whether or not for commercial purposes, without their express consent;
  10. use any robot, spider, Offering 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 the Offering or its contents;
  11. post, distribute or reproduce in any way any copyrighted material, trademarks, service marks, trade secrets, patents, domain names, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
  12. remove any copyright, trademark or other proprietary rights notices contained on the Offering;
  13. interfere with or disrupt any of the Services, Offering and/or the servers or networks connected to same;
  14. post, offer for download, e - mail 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;
  15. post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet;
  16. "frame" or “mirror” any part of the Offering, without our prior written authorization;
  17. use metatags, code or other devices containing any reference to Oui Therapeutics™, the Services and/or the Offering in order to direct any person to any other website for any purpose; and/or
  18. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services and/or Offering or any software used on or for the Services and/or Offering.

Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your membership without notice, in the sole discretion of Oui Therapeutics™. Oui Therapeutics™ reserves the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct.

7. Requirements As a Member, you are granted a non - exclusive, non - transferable, revocable and limited license to access and use the Oui Therapeutics™ Offerings and certain third - party Member Content in accordance with the Agreement. Oui Therapeutics™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by Oui Therapeutics™, you may only use the Oui Therapeutics™ Offerings and third - party Member Content for your own personal use. No part of the Oui Therapeutics™ Offerings or third - party Member Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile , disassemble, reverse engineer or transfer the Oui Therapeutics™ Offerings, third - party Member Content and/or any portion thereof. You may not create any "derivative works" by altering any aspect of the Oui Therapeutics™ Offerings and/or third - party Member Content. You may not use the Oui Therapeutics™ Offerings and/or third - party Member Content in conjunction with any other third - party content. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Content or other information from the Site. You may not exploit any aspect of the Oui Therapeutics™ Offerings and/or third - party Member Content for any commercial purposes not expressly permitted by Oui Therapeutics™. You further agree to indemnify and hold harmless Oui Therapeutics™ for your failure to comply with this Section 14. Oui Therapeutics™ reserves any rights not explicitly granted in the Agreement. YOU AGREE THAT Oui Therapeutics™, IN ITS SOLE DISCRETION, MAY TERMINATE YOUR USE OF OUI THERAPEUTICS™ OFFERINGS, AND REMOVE AND DISCARD ANY CONTENT WITHIN THE OFFERING, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FOR LACK OF USE OR IF Oui Therapeutics™ BELIEVES THAT YOU HAVE VIOLATED OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THE TERMS AND CONDITIONS. OUI THERAPEUTICS™ MAY ALSO IN ITS SOLE DISCRETION AND AT ANY TIME DISCONTINUE PROVIDING THE OFFERING AND OUI THERAPEUTICS™ OFFERINGS OR ANY PART THEREOF, WITH OR WITHOUT NOTICE. YOU AGREE THAT ANY TERMINATION OF YOUR ACCESS TO OUI THERAPEUTICS™ OFFERINGS UNDER ANY PROVISION OF THESE TERMS AND CONDITIONS MAY BE EFFECTED WITHOUT PRIOR NOTICE , AND ACKNOWLEDGE AND AGREE THAT Oui Therapeutics™ MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR MEMBER CONTENT AND/OR BAR ANY FURTHER ACCESS TO SUCH FILES, OUI THERAPEUTICS™ OFFERINGS. FURTHER, YOU AGREE THAT OUI THERAPEUTICS™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD - PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE OUI THERAPEUTICS™ OFFERINGS. THE TERMS AND CONDITIONS WILL CONTINUE TO APPLY TO YOUR PAST USE OF OUI THERAPEUTICS™ OFFERINGS. TERMINATION OF YOUR ACCESS TO AND USE OF OUI THERAPEUTICS™ OFFERINGS SHALL NOT RELIEVE YOU OF ANY OBLIGATIONS ARISING OR ACCRUING PRIOR TO SUCH TERMINATION OR LIMIT ANY LIABILITY THAT YOU OTHERWISE MAY HAVE TO OUI THERAPEUTICS™.

8. Proprietary Rights All third - party Member Content and other material posted or made available by and through the Oui Therapeutics™ Offerings including, but not limited to, the design, selection, arrangement and coordination of such Oui Therapeutics™ Offerings, is owned by, or licensed to, Oui Therapeutics™ and is protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Oui Therapeutics™ Offerings and/or third - party Member Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Oui Therapeutics™’s prior express written consent. Except as expressly provided in the Agreement, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity, service marks or trademarks with respect to any of the Oui Therapeutics™ Offerings, third - party Member Content or any document, software, services or other materials viewed at or through same. The posting of information or material by and through the Oui Therapeutics™ Offerings by Oui Therapeutics™, any Member or any Third - Party Provider does not constitute a waiver of any right in or to such information and materials. Oui Therapeutics™ reserves all rights not expressly granted in the Agreement. The "Oui Therapeutics™" name and logo are trademarks of Oui Therapeutics™. All custom graphics, icons and service names are trademarks and/or copyrights of Oui Therapeutics™. All other trademarks are the property of their respective owners. The use of any Oui Therapeutics™ trademarks, service marks, copyrights, patents, trade secrets, domain names, and/or other proprietary rights without Oui Therapeutics™’s express written consent is strictly prohibited.

9. Bypassing or Disabling any Portion of the Oui Therapeutics™ Offerings or Software You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Oui Therapeutics™ Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on the Oui Therapeutics™ Offerings infrastructure. If you bypass or disable any portion of the Oui Therapeutics™ Offerings or associated software including, without limitation, the blocking of cookies, or blocking the operation of any other Oui Therapeutics™ systems, you are in violation of the Agreement and Oui Therapeutics™ may suspend or terminate your use of the Oui Therapeutics™ Offerings without notice. Termination of your access to the Oui Therapeutics™ Offerings will not excuse you from any criminal or other civil liability that may result from your actions.

10. Indemnification You agree to indemnify and hold Oui Therapeutics™, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co - branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third - party due to or arising out of:

  1. your use of any of the Oui Therapeutics™ Offerings;
  2. your breach of the Agreement;
  3. your violation of any rights of another individual and/or entity;
  4. any dispute between you and any Member, Third - Party Provider or other third - party;
  5. your Member Content; and

The provisions of this Section 10 are for the benefit of Oui Therapeutics™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

11. Disclaimer of Warranties THE Oui Therapeutics™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER Oui Therapeutics™ PRODUCTS AND/OR SERVICES, ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS. ANY AND ALL WARRANTIES, EXPRESS AND/OR IMPLIED, ARE DISCLAIMED TO TH E FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON - INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Oui Therapeutics™ MAKES NO WARRANTY THAT THE Oui Therapeutics™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER Oui Therapeutics™ PRODUCTS AND/OR SERVICES:

  1. WILL MEET YOUR REQUIREMENTS;
  2. WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR - FREE OR THAT DEFECTS WILL BE CORRECTED;
  3. WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE PROGRAMS;
  4. WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT;
  5. WILL RESULT IN ANY SPECIFIC HAPPINESS, MENTAL HEALTH, PSYCHIATRIC OR OTHER BENEFIT OR RELATED OUTCOME; AND/OR
  6. WILL BE ACCURATE OR RELIABLE. THE Oui Therapeutics™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER Oui Therapeutics™ PRODUCTS AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

Oui Therapeutics™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE OFFERING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Oui Therapeutics™, ANY MEMBERS, THIRD - PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE Oui Therapeutics™ OFFERINGS AND/OR MEMBER CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

12. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT OUI THERAPEUTICS™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD - PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PAIN AND SUFFERING, PERSONAL INJURY/WRONGFUL DEATH, LOSS OF INCOME, LOSS OF CONSORTIUM, BUSINESS INTERRUPTION, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Oui Therapeutics™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Oui Therapeutics™ ALSO SHALL NOT BE LIABLE TO YOU OR ANY THIRD - PARTY FOR:

  1. THE USE OR THE INABILITY TO USE THE OUI THERAPEUTICS™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER OUI THERAPEUTICS™ PRODUCTS AND/OR SERVICES;
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND /OR ANY OTHER OUI THERAPEUTICS™ PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE OUI THERAPEUTICS™ OFFERINGS AND/OR MEMBER CONTENT;
  3. THE FAILURE TO REALIZE ANY SPECIFIC SUICIDALITY REDUCTION, MENTAL HEALTH, PSYCHIATRIC OR OTHER BENEFIT OR RELATED OUTCOME; AND
  4. ANY OTHER MATTER RELATING TO THE Oui Therapeutics™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER OUI THERAPEUTICS™ PRODUCTS AND/OR SERVICES.

THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, SECURITIES LAW VIOLATIONS, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MEDICAL AND OTHER MALPRACTICE, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Oui Therapeutics™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF Oui Therapeutics™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE Oui Therapeutics™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER OUI THERAPEUTICS™ PRODUCTS AND/OR SERVICES MAY BE BROUGHT BY YOU OR OUI THERAPEUTICS™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OUI THERAPEUTICS™. ACCESS TO THE OUI THERAPEUTICS™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER OUI THERAPEUTICS™ PRODUCTS AND/OR SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS OUI THERAPEUTICS™’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14. Third-Party Websites The Oui Therapeutics™ Offerings may contain links to other websites on the Internet that are owned and operated by third parties, including Third - Party Providers. In some instances, these websites may be co - branded and the third parties are entitled to use Oui Therapeutics™’s name and logo on their third - party websites. Oui Therapeutics™ does not control the information, products or services available on these third - party websites. The inclusion of co - branding and/or links does not imply endorsement by Oui Therapeutics™ of the applicable website or any association with the website’s operators. Because Oui Therapeutics™ has no control over such websites and resources, you agree that Oui Therapeutics™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers, Third - Party Providers featured on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable Third - Party Provider, advertiser or other third - party, as applicable. You further agree that Oui Therapeutics™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

15. Member Information Except where expressly provided otherwise by us in the Agreement, and subject to the Privacy Policy, all comments, content, information and/or materials that you submit through or in association with Oui Therapeutics™ Offerings including, without limitation, the Member Content, shall be subject to the Privacy Policy. By submitting such Member Content and/or materials to us, you, subject to the Privacy Policy:

  1. represent and warrant that Oui Therapeutics™’s use of your submission does not and will not breach any agreement, violate any law or infringe any third - party’s rights and is true and accurate in all respects;
  2. agree that Oui Therapeutics™ is free to use, in any manner, all or part of such Member Content and/or materials on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and
  3. grant Oui Therapeutics™ all necessary rights, including a waiver of all copyright, trademark, service marks, privacy, right of publicity and moral rights, to use all Member Content and/or materials, in whole or in part, or as a derivative work, without any duty by Oui Therapeutics™ to anyone whatsoever.

16. Dispute Resolution Provisions The Agreement shall be treated as though it were executed and performed in New York, New York, U.S.A. and shall be governed by and construed in accordance with the laws of the State of New York, U.S.A. (without regard to conflict of law principles). Should a dispute arise concerning the Oui Therapeutics™ Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto the parties agree to submit their dispute for resolution by binding arbitration before the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; provided, however, that any claims, disputes, actions or proceedings by Oui Therapeutics™ to relating to its intellectual property rights and/or to prevent unfair competition, misappropriation of trade secrets, unauthorized access, fraud, industrial espionage, and or fraud (including compute r fraud) may be brought in the federal courts in the City and County of New York, New York, U.S.A. and you irrevocably consent to the exclusive jurisdiction and venue of such courts. To the extent permitted by law, you agree that you will not join any arbitral claim with the claim of any other person or entity, and you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Oui Therapeutics™ and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Oui Therapeutics™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits:

  1. does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provide d above; and
  2. is an independent agreement. You may opt - out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Offering.

Oui Therapeutics™ makes no claim that the Oui Therapeutics™ Offerings may be lawfully viewed or that Content may be downloaded outside the U.S.A. Access to the Offering and Content and use of the Oui Therapeutics™ Offerings may not be legal by certain persons or in certain countries. If you access and use the Oui Therapeutics™ Offerings from outside the U.S.A., you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

24. Miscellaneous Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Headings used in this Agreement are for convenience only and have no legal or contractual significance. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors, heirs, and assigns of both parties, as the case may be. Oui Therapeutics™ may assign this Agreement in whole or in part at any time without your consent. You may not assign this Agreement or delegate any of your obligations hereunder.

25. Contact Us To contact us directly with any questions or comments that you may have, send an email to support@Oui Therapeutics.com. We endeavor to listen to or read, as applicable, every message sent in and to reply promptly to each one. The information that is provided by you is used to respond directly to your questions or comments. If you have any questions about the Agreement, the Oui Therapeutics™ Offerings or the practices of Oui Therapeutics™, please feel free to contact us at support@OuiTherapeutics.com.

GDPR Commitment

1. Introduction As has been widely reported, the European Union has taken a large step in protecting the fundamental right to privacy for every EU resident with the General Data Protection Regulation (GDPR), which went into effect on 25th May 2018. EU residents will now have greater say over what, how, why, where, and when their personal data is used, processed, or disposed of. This rule clarifies how the EU personal data laws apply even beyond the borders of the EU. Any company that works with EU residents' personal data in any manner, irrespective of location, has obligations to protect the data. At Oui Therapeutics, we take the trust placed in us to strictly secure and protect our customers data very seriously and welcome the General Data Protection Regulation (GDPR). We believe that every business should be held accountable to the same high standards to which we hold ourselves and appreciate these new measures of accountability that we can use to improve our practices.

2. Commitment As always, Oui Therapeutics is committed to protecting our users’ privacy. That will never change. These enhancements clarify and provide additional information about:

We will continue to actively monitor regulatory guidance and interpretations of key GDPR requirements to make sure we stay current with all legal requirements and privacy best practices.


© 2022 Oui Therapeutics, Inc.Contact us at support@ouitherapeutics.com Oui Therapeutics, 4 Science Park, New Haven, CT 06511Terms of Service & Privacy Policy