Akoma Health Terms of Service

Last Updated: August 2022

Akoma Health Inc. welcomes you and thanks you for considering our company. This document (together with any documents mentioned herein) sets out the terms and conditions governing the use of this website. Please read these Terms and our Privacy Policy prior to using this website and all Akoma’s platforms.

By using this website, you hereby give your consent to and agree to be bound by these Terms and our Privacy Policy.

It is essential that you read the following terms carefully:

THESE TERMS APPLY TO YOUR USE OF THE SERVICE, INCLUDING CLICKING "I ACCEPT," OR DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE AKOMA PROVIDES TO YOU.

Akoma Health provides individuals with mental health concerns or interested in learning more about their mental health with access to virtual providers (therapists, clinical psychologists, coaches and counselors). We offer our services through a variety of channels, including but not limited to our website, web applications, mobile applications, official WhatsApp, our social media pages, and email newsletters.

  1. Akoma Health Service Overview. Akoma Health provides individuals with mental health concerns or interested in learning more about their mental health with virtual access to providers (therapists, clinical psychologists, coaches and counselors). Individuals can access our services through our channels including (but not limited to) our website, web applications, mobile applications, our official WhatsApp, our social media pages, email newsletters and other content online. Akoma Health partners with individuals to provide mental health information and lead group discussion sessions for general information purposes only (each a “Therapist”). Users can select Text Therapy, an on-demand interactive therapy experience focused on a specific mental health goal. We provide the platform for users to send/receive instant messages from providers/therapists. Users also have virtual access to therapists, 1-on-1, via video conference(“Individual Therapy”). Users may also join Therapist-led group sessions (“Group Therapy”) to connect with other users for live conversations around a specific prompt. Additionally, we provide online and in-person events featuring therapists and industry experts, including talks, panels and workshops. Our healthcare professionals have received training in both diagnosis and treatment development/recommendation.
  2. Akoma Health is a Healthcare Technology Company. Akoma Health is a company engaged in the business of providing a platform which connects individuals, companies, organisations and government agencies, in search of mental health support to duly qualified mental healthcare providers. All information and content, including text, graphics, images and information, contained on or available through the Service is for general information purposes for professional therapy advice, diagnosis, treatment, or recommendations of any kind by Akoma Health. Akoma Health assumes no responsibility for the accuracy of information or content on or available through the Service, and such information or content is subject to change at any time. Information and content provided by Akoma Health or in connection with any communications supported by Akoma Health are for general information purposes only and are in no way intended to establish a provider-patient relationship. It is recommended that you confirm any information obtained from or through the Service with other sources and consult your physician regarding any medical condition or treatment. You should always seek the advice of your independent qualified health care professional with any questions or concerns you may have regarding your individual needs and any medical conditions. Your interactions with a Therapist are not intended to replace your relationship with your regular health care practitioners or primary care physician. AKOMA HEALTH IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSES OR ANY OTHER THIRD-PARTY INFORMATION, SERVICE OR PRODUCTS THAT YOU OBTAIN THROUGH THE SERVICE.
  3. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service, and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. A person accepting these Terms on your behalf represents and warrants that they have the authority to bind you to these Terms, and you agree to be bound by them.
  4. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@akomahealth.io.
  5. General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars/ British Pound Sterling/ Euro/ Naira and are non-refundable.
    • 5.1 Price. Akoma Health reserves the right to determine pricing for the Service. Akoma Health 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. Akoma Health may change the fees for any feature of the Service, including additional fees or charges if Akoma Health gives you advance notice of changes before they apply. Akoma Health, at its sole discretion, may make promotional offers with different features and different pricing to any of Akoma Health’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
    • 5.2 Authorization. You authorize Akoma Health 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 Akoma, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Akoma Health 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. Payment processing services for Akoma, including the processing and storing of credit card data, are provided by Stripe Inc. (“Stripe”) for foreign countries Paystack Payments Limited (“Paystack”) for African countries and are subject to the agreement of these two payment platforms. By agreeing to these terms and continuing to use Akoma Health, you agree to be bound by the Stripe and Paystack Services Agreement, as the same may be modified by Akoma Health from time to time. As a condition of Akoma Health enabling payment processing services through Stripe and Paystack, you agree to provide Akoma Health accurate and complete information about you and your business, and you authorize Akoma to share with Stripe and Paystack this information and transaction information related to your use of the payment processing services provided by Stripe, as further described in our Privacy Policy.
    • 5.3 Delinquent Accounts. YAkoma Health may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
  6. Licenses
    • 6.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Akoma Health 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.
    • 6.2 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.
  7. Ownership; Proprietary Rights. The Service is owned and operated by Akoma Health. 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 Akoma Health are protected by intellectual property and other laws. All Materials included in the Service are the property of Akoma Health or its third-party licensors. Except as expressly authorized by Akoma Health, you may not make use of the Materials. Akoma Health reserves all rights to the Materials not granted expressly in these Terms.
  8. Third-Party Content. The Platform may contain other content, products or services which are offered or provided by third parties ("Third Party Content"), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.
    • 8.1 Virtual Events. Participation in Virtual Events and Roundtables will require the use of the Zoom video conferencing service (the “Zoom Service”). You acknowledge that your use of the Zoom Service is governed by the Zoom Terms of Service, available at . The Zoom Service is not provided by Akoma and Akoma is not liable for the Zoom Service.
  9. User Content
    • 9.1 User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, Reflections, photos, video, images, data, text, and other types of works and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
    • 9.2 Limited License Grant to Akoma. By providing User Content to or via the Service, you grant Akoma Health a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
    • 9.3 Limited License Grant to Other Users. By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
    • 9.4 User Content Representations and Warranties. Akoma Health disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:
      1. You are the creator and owner of the User Content or have the necessary licenses, rights, consents, and permissions to authorize Akoma Health and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Akoma Health, the Service, and these Terms;
      2. Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Akoma Health to violate any law or regulation; and
      3. Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
    • 9.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. Akoma Health may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive and do waive, any legal or equitable right or remedy you have or may have against Akoma Health with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Akoma Health does not permit copyright-infringing activities on the Service.
    • 9.6 Monitoring Content. Akoma Health does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Akoma Health reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Akoma Health chooses to monitor the content, Akoma Health still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below).
  10. Communications
    • 10.1 Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
    • 10.2 Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in the promotional email itself.
  11. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
    1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
    2. harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service, including but not limited to using slurs, intentional use of derogatory language, explicitly violent language, threats or implied threats to other users or Therapists, and disparaging comments toward or about any users or Therapists;
    3. share or display nudity in any form;
    4. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
    5. 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;
    6. nterfere 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;
    7. 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;
    8. sharing any personal information about other users learned during group Therapy, including but not limited to names, locations, details from stories that jeopardize the anonymity of users, and any other identifying information;
    9. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
    10. Attempt to do any of the acts described in this Section 11, assist, or permit any person in engaging in any of the acts described in this Section 11.
  12. Copyright and Intellectual Property Protection
    • 12.1 If you have an intellectual property rights-related complaint about material posted on the Service, you may Akoma at the following address: Email: support@akomahealth.io
    • 12.2 Content of Notification. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
      1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
      2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
      3. a description of the material that you claim is infringing and where it is located on the Service;
      4. your address, telephone number, and email address;
      5. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or intellectual property owner, its agent, or the law; and
      6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
    • 12.3 Repeat Infringers. Akoma Health will promptly terminate the accounts of users that are determined by Akoma to be repeat infringers.
  13. Modification of Terms. We reserve the right to change these Terms on a going-forward basis at any time upon 7 days’ notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon the earliest of your receipt of notice or acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
  14. Term, Termination, and Modification of the Service
    • 14.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 15.2.
    • 14.2 Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Aroma may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice.
    • 14.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Akoma any unpaid amount that was due prior to termination;
    • 14.4 Modification of the Service. Akoma reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Akoma will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
  15. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Akoma Health, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Akoma Health Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with your use of Akoma’s service.
  16. Disclaimers; No Warranties
    • 16.1 THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. AKOMA HEALTH DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. AKOMA HEALTH DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND AKOMA HEALTH DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
    • 16.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR AKOMA HEALTH ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE AKOMA HEALTH ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOU’RE DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR DISCRETION AND RISK AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
    • 16.3 Neither Akoma Health, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any information or advice obtained from a Therapist via the Service, nor any information obtained on the Service. Akoma does not recommend or endorse any specific tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any information delivered by a Therapist via the Service is solely at your own risk and you assume full responsibility for all risks associated herewith. Akoma does not make any representations or warranties about the training or skill of any Therapist who delivers services via the Service.
  17. Limitation of Liability.
    • TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AKOMA HEALTH ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY AKOMA ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

      The maximum extent permitted by law, our service is provided “As is and As Available and at your sole risk”

  18. Dispute Resolution and Arbitration.
    • Any violations, breaches, the threat of violation or disputes arising out of or in connection with this Agreement or its construction, operation or termination shall if practicable be settled by negotiation between the parties. If parties cannot settle such disputes within 21 days of the failed negotiation process, it shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2011. The seat of Arbitration shall be Nigeria.

      However, where these measures are impracticable, parties shall resort to litigation and the matter shall be referred to a court of competent jurisdiction.

  19. Miscellaneous
    • 19.1 General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Akoma Health regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms, the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
    • 19.2 Governing Law. These Terms are governed by the laws of Nigeria without regard to conflict of law principles. You and Akoma Health submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Nigeria, Nigeria for the resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our office in Nigeria, and we make no representation that the Materials included in the Service are appropriate or available for use in other locations.
    • 19.3 Privacy Policy. Please read the Akoma Health Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Akoma Privacy Policy is incorporated by this reference into and made a part of, these Terms.
    • 19.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into and made a part of, these Terms.
    • 19.5 Consent to Electronic Communications. By using the Service, you consent to receive certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
    • 19.6 Contact Information. The Service is offered by Akoma Health Limited, (physical address). You may contact us by sending correspondence to that address or by emailing us at support@akomahealth.io.
    • 19.7 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
    • 19.8 International Use. The Service is intended for visitors within and outside Nigeria. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.