SindyXR Terms and Conditions of Use
Terms and Conditions of Use.
Effective April 3, 2024
The following terms constitute an Agreement between you and SindyXR, Inc. (“SindyXR). This Agreement governs your use of SindyXR, as a visitor and a subscribed member as described below.
By accessing or using SindyXR, you agree to be bound by the terms of this Agreement. To the extent you register on SindyXR as a Subscribed Member, then in addition to the terms that are applicable to all users of SindyXR, the terms that apply only to Members shall apply to you too.
SindyXR (https://www.SindyXR.com) is a Group Health Support System. Healthcare professionals utilize SindyXR's Telehealth, Virtual Reality and In Person Group Health Support System to better service their patients in between regular visits. Patients with similar health conditions have better outcomes by sharing experiences and best practices with each other and their health professional within the SindyXR System. SindyXR is operated by SindyXR, Inc. (“SindyXR”). The SindyXR Health Support Group System supports various support group modalities including communication via SindyXR Applications and Services run on personal computers, mobile devices, augmented and virtual reality platforms and in person.
This Terms & Conditions covers usage on any SindyXR platform including:
⦁SindyXR Telehealth – Support Group Applications and Services accessed primarily via personal computers, laptops and mobile devices
⦁SindyXR Virtual Reality – Support Group Applications & Services accessed via Virtual Reality platforms
⦁SindyXR In Person – Support Group Services accessed in person.
Who Might Be Member Users of SindyXR?
SindyXR may include multiple types of User Members including:
⦁SindyXR Support Community – This refers to your fellow Members of SindyXR. They can share their situation through the various wellness components whether they are interacting via SindyXR Telehealth, Virtual Reality or In Person. By sharing their experiences, others can learn from it.
⦁SindyXR Staff– These are staff who run and support SindyXR services
⦁SindyXR Health Professionals – SindyXR Support Groups are facilitated, moderated and conducted by Health Professionals.
⦁SindyXR Wellness Sponsors – We may also contract with various service providers in exchange for their sponsorship of SindyXR Support Group sessions.
We reserve the right to modify this policy at any time, and without prior notice, by posting an amended Privacy Policy on the SindyXR. We also encourage Members to review this policy periodically for any updates.
Membership Eligibility
To become a Member and access the area on this SindyXR reserved for Members (the “Member Site”), SindyXR requires that you are (a) a person 13 years of age or older (16 or older if in the EU or UK) or a parent or legal guardian acting for a person who is under 13 years of age (16 or older if in the EU or UK), with a personal interest in a health condition or in tracking their health and wellness on SindyXR; or (b) a caregiver for a person eligible to join; or (c) a health care professional (e.g., doctor, nurse) authorized by SindyXR; or (d) a guest with legitimate, non-commercial reasons to participate in the community and who agrees to respect the privacy and preserve the dignity of all community participants; or (e) guest as authorized by a SindyXR employee.
By registering as a Member, you represent and warrant that you are at least the minimum age required for membership on SindyXR.
This Site Does Not Provide Medical Advice
SindyXR does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned by Members on SindyXR. Reliance on any information provided by SindyXR, by persons appearing on SindyXR at the invitation of SindyXR, or by other Members is solely at your own risk.
Acceptable and Lawful Use of SindyXR by Members
Members shall not communicate or otherwise provide information on SindyXR that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Members shall not interfere with other Members’ use and enjoyment of SindyXR (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant of a wellness circle or webinar, including the use of expressions of bigotry, racism, hatred, or profanity). Members may not use SindyXR to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
All Members represent and warrant that the information they provided when registering as a Member, and all information that they subsequently provide regarding themselves and their membership, is true and accurate and not misleading.
No Interference with Operation of SindyXR
You shall not use contact information provided by Members, or collect information about our Members, to facilitate the sending of unsolicited bulk communications (SPAM) or allow others' use of your membership account to take such actions.
SindyXR for Non-Commercial Use Only
SindyXR content, including all modalities including Telehealth, Virtual Reality and In Person, is for personal, non-commercial use by individual Members. Organizations, companies, and/or businesses that are Professional Members or Sponsorship Members may not become Members and use SindyXR without express consent from SindyXR. Professional or Sponsorship Members of SindyXR with individual commercial interests may not solicit or overtly promote their products or services within the Member Site beyond the prior agreed upon guidelines set by SindyXR. All content shared within SindyXR is not for external use.
Privacy
You agree that you have read, understood and accept the SindyXR Privacy Policy. This policy explains collection of information from you when using SindyXR and its use of and sharing of such information.
Identifying Other Members
You agree not to disclose to any person or entity personally identifiable information about other Members that you encounter while using SindyXR without the express consent of such Member. You may disclose information of a general nature (that could not identify the Member who provided such information or whom such information is about) to third parties outside this SindyXR, subject to the above restriction on commercial use.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any user posting or other content on SindyXR infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works on SindyXR; (iii) a description of the location on SindyXR of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Member Password and Login Identity
You are responsible for maintaining the confidentiality of your Member password, and are fully responsible for all activities that occur under your password or account with or without your knowledge. You agree to immediately notify SindyXR of any unauthorized use of your membership password or login or any other breach of security.
Links to Other Websites
SindyXR.com may contain links to other websites that are not under the control of SindyXR. The inclusion of any link does not imply endorsement by SindyXR of such site and SindyXR is not responsible for the content of such linked sites.
Membership Termination
You agree that SindyXR may, with or without cause, immediately terminate your SindyXR membership or limit or terminate your access to the SindyXR Telehealth, Virtual Reality or In House support services without prior notice. Without limiting the foregoing, the following may lead to a termination by SindyXR of a Member's membership and use of SindyXR: (a) breaches or violations of this Terms of Use Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. SindyXR has no obligation to maintain or store information or data that you have posted on or uploaded to SindyXR.
Fees
Membership with SindyXR is currently a monthly subscription for Health Professionals. SindyXR reserves the right to, from time to time, change the terms of this Agreement and what we charge for membership and/or to provide additional optional services for a fee in the future.
Disclaimer of Warranties
SindyXR and the content and services made available on SindyXR are provided on an “as is” and “as available” basis. SindyXR does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to SindyXR, SindyXR content, or any advice or services provided through SindyXR to the extent permitted by law. SindyXR does not warrant that access to SindyXR or its content or services will be uninterrupted or error-free or that defects in SindyXR will be corrected.
The advice, recommendations, information, and conclusions posted or transmitted by other Members of SindyXR are not in any way vetted, approved or endorsed by SindyXR, and you use such information at your own risk.
Limitation of Liability
Under no circumstances shall SindyXR, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of this SindyXR or due to your reliance on any of the content contained or the services provided on SindyXR.
Indemnification
You agree to indemnify and hold harmless SindyXR, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
International Users
SindyXR makes no claims that information on SindyXR is appropriate or may be downloaded outside of the United States. Personal information (“Information”) that is submitted to this SindyXR will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law, the EU-US and Swiss Privacy Shield Framework, the EU General Data Protection Regulation, and the SindyXR.com Privacy Policy. If you are a non-U.S. user, you acknowledge and agree that SindyXR may collect and use your Information and disclose it to other entities outside your resident jurisdiction as long as such collection, use, or disclosure does not violate applicable law or the SindyXR.com Privacy Policy. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. In fact, be aware that the European Court of Justice (ECJ) determined in July 2020 that no data transferred to the United States can be adequately protected from the United States government and that the United States does not provide adequate judicial remedies against the United States government for invasions of Europeans’ privacy. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy.
Governing Law and Venue
This agreement shall be governed by the laws of the State of New York and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of SindyXR, shall be litigated exclusively in the state and federal courts residing in the State of New York, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the State of New York. Exceptions may apply for residents of the European Union and the UK, who have the right to lodge a complaint with a national Data Protection Authority if they have a complaint about our use or processing of their Personal Data.
Member Notices
If you register as a Member, you agree that SindyXR may send notices to you by email at the email address you provide when registering to become a Member (or which you later update using the functionality of SindyXR).
Miscellaneous Terms
SindyXR® and the SindyXR logo are trademarks of SindyXR. You agree not to display or use these trademarks in any manner without prior, written permission from SindyXR.
SindyXR may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement.
If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
For any questions or comments, or to report violations of this Agreement, contact us at MemberSupport@SindyXR.com.
Modifications to this Terms of Use Agreement
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on SindyXR. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date. Use of SindyXR following any such change constitutes your agreement to follow and be bound by this Agreement as amended.
