last updated on September 19, 2022.

Terms of Service

PLEASE READ THE FOLLOWING TERMS CAREFULLY

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING TUHOON’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND TUHOON’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY TUHOON AND BY YOU TO BE BOUND BY THESE TERMS.

1. Tuhoon Service Overview.

Tuhoon is a mental wellbeing service that empowers you to take proactive care of your mental health. Tuhoon offers a range of independent and group mental health experiences through our platform available on desktop, iOS, and Android. Tuhoon employs individuals to provide mental health information and lead group discussion sessions for general information purposes only (each a “Facilitator”).

Users can select a Pathway, an on-demand interactive therapy experience focused on a specific mental health goal. Weekly sessions include recorded audio or video learning and prompts from Facilitators (“Exercises”). Users may also join Facilitator-led group sessions to connect with other users for live conversations around a specific prompt. The Service is not intended to provide medical advice or diagnose or treat any disease, disorder, or medical condition.

2. Tuhoon is not a Healthcare Provider.

Tuhoon is not a medical or healthcare service provider. All information and content, including text, graphics, images and information, contained on or available through the Service is for general information purposes only and is not intended or implied to be a substitute for professional medical advice, diagnosis, treatment, or recommendations of any kind by Tuhoon.

Tuhoon makes no representation and assumes no responsibility for the accuracy of information or content contained on or available through the Service, and such information and content is subject to change without notice. All such information and content provided by Tuhoon or in connection with any communications supported by Tuhoon is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. You are encouraged to confirm any information obtained from or through the Service with other sources and review all information regarding any medical condition or treatment with your physician. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions.

NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SERVICE.

Tuhoon does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, practices, products, procedures, treatments, opinions, health care providers or other information that may be contained on or available through the Service. Your interactions with a Facilitator are not intended to replace your relationship with your regular health care practitioners or primary care physician. Tuhoon IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER THIRD-PARTY INFORMATION, SERVICE OR PRODUCTS THAT YOU OBTAIN THROUGH THE SERVICE.

3. Subscription Service

If you have purchased a subscription to Tuhoon, you will be charged on a yearly basis. You have the right to cancel your purchase at any point in time from the Tuhoon mobile app - account settings or from the app stores subscription management. The termination shall have effect at the expiry of the yearly subscription period that you have already paid for. You will not be refunded for any remaining portion of subscription fees you have already paid for.

Tuhoon reserves the right to terminate and/or suspend your account at any time in case of unauthorised use of the service. If Tuhoon terminates or suspends your account for any suspicious activity, Tuhoon shall have no liability or responsibility to you, and will not refund any amounts that you have previously paid.

4. Privacy Policy

This Privacy Policy governs the manner in which Tuhoon collects, uses, maintains and discloses information collected from users (each, a 'User') of the www.tuhoon.com website and Tuhoon app ('Site/App') ('Data'). This privacy policy applies to the Site/App and all products and services offered by Tuhoon (the 'Service'). We use your Data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.

4.1 Personal identification information: Personal Data

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, and in connection with other activities, services, features or resources we make available on our Site/App. Users may be asked for, as appropriate, name, email address, credit card information. Users may, however, visit our Site/App anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site/App related activities.

4.2 Non-personal identification information : Usage Data

We may collect non-personal identification information about Users whenever they interact with our Site/App. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site/App, such as the operating system and the Internet service providers utilized and other similar information.

4.3 Web browser cookies

Our Site/App may use cookies to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site/App may not function properly.

4.4 How we use collected information

Tuhoon may collect and use Users personal information for the following purposes:

  • To improve customer service: information you provide helps us respond to your customer service requests and support needs more efficiently.
  • To personalize user experience: we may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site/App.
  • To improve our Site/App: we may use feedback you provide to improve our products and services.
  • To process payments: we may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
  • To run a promotion, contest, survey or other Site/App feature: To send Users information they agreed to receive about topics we think will be of interest to them. To send periodic emails We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site/App.

4.5 How we protect your Data

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site/App.

Sensitive and private data exchange between the Site/App and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Legal basis for processing personal data under general data protection regulation (GDPR):

If you are from the European Economic Area (EEA), Tuhoon legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it. If you are a resident of the EEA, you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

Tuhoon may process your Personal Data because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it's not overridden by your rights
  • For payment processing purposes To comply with the law In certain circumstances, you have the following data protection rights:
    • The right to access, update or to delete the information we have on you.
      • Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
    • The right of rectification.
      • You have the right to have your information rectified if that information is inaccurate or incomplete.
    • The right to object.
      • You have the right to object to our processing of your Personal Data.
    • The right of restriction.
      • You have the right to request that we restrict the processing of your personal information.
    • The right to data portability.
      • You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
    • The right to withdraw consent.
      • You also have the right to withdraw your consent at any time where Tuhoon relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

4.6 Retaining your Data

We will retain your Personal Data only for as long as it is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations and policies. We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods of time.

4.7 Sharing your Data

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site/App or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

Information others provide about You. We receive information other people provide us, which may include information about you. For example, when other users you know use our Service, they may provide your phone number from their mobile address book (just as you may provide theirs, or they may send you messages or messages to groups that you belong to.

Your contacts and others. Users with whom you communicate may store or reshare your information (including your phone number or messages) with others, on and off our Service.

Third Party providers. We may receive basic contact information from third parties for outreach and marketing purposes. These parties may also process this data in order to conduct these activities on our behalf.

4.8 Children Protection

If you are from the European Economic Area (EEA) and under the age of 16, you must provide us with a parental consent. If you are a parent or guardian and you are aware that your Children under the age of 16, has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children under the age of 16, without verification of parental consent, we take steps to remove that information from our servers.

4.9 Changes to this privacy policy

Tuhoon has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

5. Itunes: In-App Purchase payment

  • Payment will be charged to iTunes Account at confirmation of purchase
  • Subscription automatically renews unless auto-renew is turned off at least 24- hours before the end of the current period
  • Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
  • Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase
  • Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable

6. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Dubai International Financial Center.

7. Pricing

Tuhoon reserves the right to determine pricing for the Service. Tuhoon will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Tuhoon may change the fees for any feature of the Service, including additional fees or charges, if Tuhoon gives you advance notice of changes before they apply. Tuhoon, at its sole discretion, may make promotional offers with different features and different pricing to any of Tuhoon’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

8. Authorization.

You authorize Tuhoon to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Tuhoon, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Tuhoon may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

9. Notice and procedure for making claims of copyright or other intellectual property infringements.

9.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Tuhoon grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service.

9.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

9.3 Ownership; Proprietary Rights. The Service is owned and operated by Tuhoon. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Tuhoon are protected by intellectual property and other laws. All Materials included in the Service are the property of Tuhoon or its third-party licensors. Except as expressly authorized by Tuhoon, you may not make use of the Materials. Tuhoon reserves all rights to the Materials not granted expressly in these Terms.

9.4 Tuhoon respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Site or the Tuhoon Service.

  • Tuhoon's intellectual property policy is to:
    • (1) remove material that Tuhoon believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Site, and
    • (2) remove any Products or Submissions posted to the Site by “repeat infringers.” Tuhoon considers a “repeat infringer” to be any user that has uploaded Products or Submissions to the Service and for whom Tuhoon has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 (c) with respect to such Products or Submissions. Tuhoon has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon Tuhoon’ s own determination.
  • Procedure for Reporting Claimed Infringement. If you believe that any Productions or Submissions made available on or through the Site or the Tuhoon Service have been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication must include substantially the following:
    • A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
    • Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works; iii. Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Tuhoon to locate the material;
    • Information reasonably sufficient to permit Tuhoon to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
    • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A 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.
  • You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement
  • Designated Agent Contact Information. Tuhoon’s Designated Agent for notices of claimed infringement can be contacted at:
  • Counter Notification. If you receive a notification from Tuhoon that material made available by you on or through the Site or the Tuhoon Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Tuhoon with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided Tuhoon’ s Designated Agent through one of the methods identified in Section B(d) of this TOS, and include substantially the following information:
    • A physical or electronic signature of the subscriber;
    • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
    • A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
    • The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, Civil Courts in Beirut / Lebanon, and that the subscriber will accept service of process from the person who provided notification under Section B(c) of this TOS above or an agent of such person.
    • A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
  • False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:

Any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)]

  • that material or activity is infringing, or
  • that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Tuhoon relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

17 U.S.C. § 512(f). Tuhoon reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law. For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this Section C should be sent to the Designated Agent at the e-mail or postal address set forth above. Any other comments, compliments, complaints or suggestions about Tuhoon, the operation of the Site or the Tuhoon Service or any other matter should be sent to info+legal@Tuhoon.com. Your acceptance of these terms

By using this Site/App, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site/App. Your continued use of the Site/App following the posting of changes to this policy will be deemed your acceptance of those changes. Contacting us

10. Third-Party Terms

10.1 Third-Party Services and Linked Websites. Tuhoon may provide tools through the Service that enable you to export information, including User Content (defined below), to third-party services. By using one of these tools, you agree that Tuhoon may transfer that information to the applicable third-party service. Third-party services are not under Tuhoon’s control, and, to the fullest extent permitted by law, Tuhoon is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Tuhoon’s control, and Tuhoon is not responsible for their content.

10.2 Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

11. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:

  • use the Service for any illegal purpose or in violation of any local, state, national, or international law;
  • harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service, including but not limited to by using slurs, intentional use of derogatory language, explicitly violent language, threats or implied threats to other users or Facilitators, and disparaging comments toward or about any users or Facilitators;
  • violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
  • interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
  • interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
  • perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
  • record, photograph, or screen-capture any portion of a Session of Event;
  • sharing any personal information about other users learned during a session or event, including but not limited to names, locations, details from stories that jeopardize the anonymity of users, and any other identifying information;

We require safety and respect of and for all users and Facilitators. To ensure safety and respect for all, inappropriate behavior is not permitted under any circumstance. Tuhoon reserves the right to remove any Member from a Session and cancel their membership if they engage in inappropriate behavior, including but not limited to the Prohibited Conduct outlined in Section 11 above. Users who are removed for violating our safety and respect standards will not be issued a refund.