FirstThen, Inc.

Beta Test Terms & Conditions and Privacy Policy

THIS IS A CONTRACT between you, a user of the FirstThen mobile application (the “User” or “You”), and FirstThen, Inc., a Texas Corporation (“FirstThen”, "We", "Us"). We refer to User and Us together as the "Parties", and individually as a "Party".

BACKGROUND

FirstThen’s mobile software application (the “Application”) provides singular psychosocial training and education modules designed for parents of adolescents aged twelve (12) and under with Attention Deficit Hyperactive Disorder (“ADHD”). You have indicated that You are interested in testing an early version of the Application on a trial basis to assist us in improving the Application. Your use of the Application during this trial period is subject to the following terms and conditions.

TERMS & CONDITIONS

1. Term.  You will have access to the Application for twenty-eight (28) days (the “Trial Period”).

2. Termination.  This agreement will terminate automatically upon expiration of the Trial Period. If you prefer to terminate this agreement earlier, you may do so by discontinuing your use of the Application and notifying Us via email at testing@firstthen.com. Upon expiration of the Trial Period or earlier termination, Your right to access and use the Application will terminate.

3. Software Access. FirstThen hereby grants to You, during the Trial Period, a limited, non-exclusive, non-transferable right to access and use the Application in accordance with this agreement and subject to any applicable Terms of Use (defined below). The User may not sell, lease, rent, or otherwise redistribute the Application other than as specifically provided for in this agreement.

4. Confidential Participation. Your participation in this Beta Test and the information you access through the Application is confidential. By agreeing to these terms and using the Application, you agree that you will not publish or otherwise share with any third-party any information about the Application or your participation in this Beta Test (collectively, “FirstThen Confidential Information”). For avoidance of doubt, as a condition of your use of the Application You are strictly prohibited from sharing any FirstThen Confidential Information on any social media site, regardless of your profile’s privacy settings.

5. Terms of Use.

a.       Eligibility. You must register to create an account (“User Account”) and become a “Registered User” to use the Application. To register, You must create a username and password and provide us with your name, email address, and other information (“Registration Data”) we request when you create your account.

            i.      By registering for an account and using the Application, User represents and warrants:

·       You are at least eighteen (18) years old and are otherwise legally qualified to enter into and form contracts under applicable law;

·       Your Registration Data is true, accurate, current, and complete; and

·       You are authorized to create a User Account (either for User or another person).

·       You have signed the Participant Informed Consent Form and Authorization to Use and Disclose Medical Information, in which you agreed to participate voluntarily in the FirstThen study and gave Your permission to the research team to use and disclose Your protected health information.

b.       Limited Use Rights. We may revoke your access to the Application at any time without notice to you. Your right to use the Application is granted only to You and is limited to doing so for purposes of testing its functionality and providing Feedback (defined below) to Us. FirstThen hosts and retains physical control over the Application and only makes the Application available for access and use by User over the Internet through a Web-browser or mobile device. Further, FirstThen reserves the right to access your User Account as needed to (i) monitor or measure use of the Application (ii) validate certain features or functionality of the Application; and (iii) to provide services or support necessary to maintain the Application.

c.       Use Restrictions. User may not rent, lease, distribute, or resell the Application, or use the Application as the basis for developing a competitive solution (or contract with a third party to do so), or remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the Application.

d.       Computer Equipment and Internet Access.

           i.      User is responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, "Systems") necessary for User to access the Application. This includes, without limitation, obtaining internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. User is responsible for the data security of the Systems used to access the Application and for the transmission and receipt of information using such Systems. FirstThen is not responsible for any errors or problems that arise from the malfunction or failure of the Internet or User’s Systems.

            ii.      THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND USER EXPRESSLY ASSUME SUCH RISKS.

6. Feedback. Upon reasonable request by FirstThen, User agrees to provide suggestions, enhancement requests, and recommendations (individually and collectively, “Feedback”) regarding the Application. Feedback may include, without limitation, informing FirstThen about the performance, ease of use, features that may be missing, overall satisfaction with the Application, and any bugs encountered. FirstThen may contact User and User agrees to make available a reasonable amount of time to discuss the Application with FirstThen if so requested. Any Feedback you provide to Us will be owned solely by FirstThen and FirstThen may without restriction or fee use, modify, and incorporate this Feedback into the Application and other FirstThen products and/or services without any restriction and without any additional payment.

7. Intellectual Property. FirstThen maintains all intellectual property rights in the Application and the User may not use the Application other than as specifically provided in this agreement.

8. Privacy and Confidential Information. You understand that in the process of creating a User Account and using the Application you will be asked to provide us with certain identifiable personal information about yourself and/or your child, including your Registration Data (collectively, “Personal Data”) to help us improve the Application. FirstThen values your privacy and agrees to keep all Personal Data confidential and protected in accordance with applicable laws, rules, and regulations. We may share Personal Data with third parties who power the Application and help us improve it (e.g., software developers, product consultants, and advisors) solely for purposes of improving the Application. These third parties will be required to protect Personal Data. We will keep Personal Data beyond termination of this agreement for as long as we deem necessary to improve our Application. We may also de-identify Personal Data by removing all identifying information, at which point the de-identified information is no longer considered “Personal Data” and is no longer subject to this agreement. If you do not agree with this paragraph, do not create a User Account, and do not use the Application. If you have questions about how we use Personal Data or wish to revoke consent, please contact us at testing@firstthen.com.

9. Limitation of Liability and Limited Warranty. In no event shall FirstThen’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the aggregate amounts paid to FirstThen during the Trial Period.

10. User Representations and Warranties. By agreeing to these terms and using the Application, You represent and warrant that your access to and use of the Application will be in accordance with these terms and all applicable laws, regulations, rules. Specifically, USER REPRESENTS AND WARRANTS THAT USER IS LEGALLY AUTHORIZED TO SHARE PERSONAL DATA (BELONGING TO YOURSELF OR OTHERS ON WHOSE BEHALF YOU ARE SUBMITTING SUCH PERSONAL DATA) WITH FIRSTTHEN.

11.   Not a Provider of Medical Services. FirstThen is not a professional healthcare provider and We do not provide professional medical or behavioral advice. In your use of the Application, you may receive information from professional providers, but this information is for educational purposes only and cannot be construed as professional advice. If You or your child has an urgent medical problem or condition, You should contact a qualified healthcare professional immediately. Never disregard, avoid, or delay obtaining medical advice from a doctor or other qualified healthcare professional because of something learned or instructed via the Application. THE CONTENT ON THE APPLICATION IS NOT AND SHOULD NOT BE CONSIDERED PROFESSIONAL HEALTHCARE ADVICE OR A SUBSTITUTE FOR SUCH. YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROFESSIONAL(S) FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS, THERAPY, OR OTHER TREATMENT MAY BE APPROPRIATE FOR YOU.

12.   Warranty Disclaimer. THE APPLICATION IS PROVIDED AS-IS. THE SERVICES ARE AT USER’S OWN RISK. FIRSTTHEN DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS, STATUTORY, AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PROVIDER. ANY WARRANTIES MADE BY FIRSTTHEN ARE FOR THE BENEFIT OF CUSTOMER ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY. THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. FIRSTTHEN IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.

13.   Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving account to its conflict of law provisions.

14.   Dispute Resolution.  The Parties agree to negotiate in good faith to resolve any dispute arising from this agreement. If good faith negotiations fail to resolve a dispute, the Parties agree to seek the services of a mutually agreed upon professional mediator to facilitate resolution.

Intending to be legally bound, the Parties have caused this agreement to be executed as of the date of Your account creation (the “Effective Date”).