1. Agreement to Terms

   1. All access of any part of the HOPES including its mobile application ("App") is governed by these Terms. If you do not accept any of these Terms, please discontinue the use or access of HOPES immediately.
   2. By continuing to use or access HOPES and/or provide us with the User Contributed Information, you acknowledge that you have read and understood these Terms and agree to be bound by these Terms.
   3. "We", "Us" or "Our" refer to MOHT. "IMH" refers to the Institute of Mental Health.
   4. Should you be on a clinical trial using the HOPES Platform, the Terms shall be in addition to and without prejudice to the study consent that you have agreed to.

2. Your access to HOPES

   1. The accessibility and operation of HOPES relies on systems, databases and technologies that may not be entirely within Our control. We do not guarantee continuous accessibility or uninterrupted operation of HOPES. We will not be liable to you if, for any reason, access to HOPES is delayed or unavailable for any period of time.
   2. We may, at any time, change or suspend HOPES, any of its content, and/or access to part of or all of it, without notice and for any reason. In the event of a termination of the platform, We will notify your Clinical Team with a minimum of 90 calendar days in advance notice.
   3. We reserve the right to terminate or restrict your access to part or all of HOPES without prior notice.
   4. In relation to your use and access to HOPES, you are required to:
      1. Use HOPES in the manner permitted in accordance with the Terms and comply with all of the Terms and Our instructions and directions regarding the use of HOPES;
      2. Comply with all applicable local and international laws and regulations when using HOPES;
      3. Comply with the Personal Data Protection Act 2012 including any re-enactment, supplement and amendments thereto from time to time ("PDPA") and/or any other applicable law relating to data privacy or confidentiality, and will not cause Us to be in breach of such laws;
      4. Not use HOPES in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, bugs or harmful data, into HOPES or any computer system;
      5. Not infringe Our intellectual property rights or those of any third party in relation to your use of HOPES;
      6. Not submit, publish, transmit, post or upload any material that is factually inaccurate, misleading, deceptive, in contempt of any court, defamatory, offensive, threatening, discriminatory, racist, seditious, obscene, pornographic, indecent, or otherwise objectionable to the general public in relation to your use of HOPES;
      7. Not use HOPES in a way that could damage, disable, overburden, impair or compromise Our systems, databases, servers or security or interfere with other users;
      8. Not collect or harvest any information or data from Our systems or attempt to decipher any transmissions to or from the servers running any features, services, tools, directories, or content on HOPES;
      9. Not rent, lease, lend, sell, trade, distribute, license and/or commercially exploit HOPES;
      10. Not use HOPES for the purposes of advertising or promoting a particular product or service without Our prior written permission;
      11. Not use HOPES in a way that suggests any official status or that We endorse you or your use of HOPES without Our prior written consent;
      12. Not make any deletions, additions, adjustments, alterations, adaptations or modifications to HOPES without Our prior written consent. You acknowledge and agree that any deletion, addition, adjustment, alteration, adaptation or modification of HOPES is a violation of Our intellectual property rights and other related rights subsisting therein; and
      13. Not to, or enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of HOPES or any part thereof.

3. Account Registration

   1. We reserve the right to suspend your use of or terminate your account at any time without prior notice if you are in breach of these Terms or for any other reason as determined by Us at Our sole and absolute discretion.
   2. You are solely responsible for any and all activities which occur under your account. We will treat all activities that occur under your account as having been conducted with your knowledge and authority.
   3. You acknowledge and agree that We shall have the right, at Our sole and absolute discretion, without prior notice to you, to:
      1. Access your account and its contents as and when We consider necessary for specific purposes, including but not limited to, identifying or resolving technical problems with your account or to verify any suspected irregular transactions;
      2. Block your access to your account for the purposes of investigating any breaches by you of these Terms or if We suspect that there is a compromise in the security of your account; and/or
      3. Suspend, discontinue, terminate, remove, or disbar you from the service or your use of HOPES should there be any breaches by you or suspicion of foul play, in which event, you may also be referred to the relevant law enforcement agencies for investigation as necessary.
   4. If you registered with an email address, you have the right to deactivate your account at any time. Deactivation will disable access to your account and stop your further access to and use of HOPES and/or the service; you can request this through the app settings.

4. HOPES and User Contributed Information

   1. The HOPES platform requires access to multiple sensors and functions within your mobile devices and/or wearable devices to function. This data and/or any part or subset thereof is then collected and transmitted to the HOPES servers which process this data. Collectively, this transmitted data is classified as "User Contributed Information". The User Contributed Information and/or the data from you or which you may submit to Us includes the data listed in Appendix A.
   2. This list of information you may submit to Us and/or which the HOPES platform requires access, may change from time to time. The use of this information shall be in accordance with these Terms, Our Privacy Policy and/or for any purposes that you have been notified of and/or consented to.
   3. You acknowledge that all transmitted information that has been listed in section 4.1 above may be viewed, edited, or deleted by another authorised user.
   4. You acknowledge that in relation to the use of HOPES and/or to the User Contributed Information: (i) you have the necessary rights, licenses, consents, and permissions including to use HOPES, submit, use and authorise Us and/or Our Affiliates to use the User Contributed Information and/or any part or subset thereof; and (ii) you shall comply with the PDPA and/or any other applicable law relating to data privacy or confidentiality, and will not cause Us and/or Our Affiliates to be in breach of such laws.
   5. If you are accessing or using HOPES and/or the services including in relation to the User Contributed Information on behalf of a minor or any other individual, you represent and warrant that you have the permission and authority to act on their behalf and to agree to these Terms. In such cases, the terms "you" and "your" shall refer to the user, the minor, the individual and their parent, guardian and/or representative. You shall be fully responsible for compliance with these Terms.
   6. If you are a minor or an individual which requires permission from your parent, guardian and/or representative for the use of HOPES and the services including in relation to the User Contributed Information and to agree to these Terms, you represent and warrant that you have obtained the consent and permission of your parent, guardian and/or representative for the use of HOPES and the services including in relation to the User Contributed Information and to agree to these Terms. By using HOPES and the services and/or providing the User Contributed Information, you confirm that you have received such consent, and you and your parent, guardian and/or representative will be responsible for compliance with these Terms. In such cases, for the avoidance of doubt, the terms "you" and "your" shall refer to the user, the minor, the individual and/or their parent, guardian or representative.
   7. You acknowledge that We and Our Affiliates may use and retain your User Contributed Information, even upon withdrawal from the app, whether in an aggregated or de-identified form or otherwise, for the purposes of Our provision of the HOPES services and/or in connection with the provision of healthcare, improving Our systems, or for research, statistical, policies and planning purposes and Our business operations. The type of Our business operations may include but may not necessarily be limited to:
      1. Day-to-day business and administrative operations;
      2. Research and services enhancement;
      3. Corporate governance (including internal and company audits) and policy reviews;
      4. Security and risk management;
      5. Legal and regulatory regulations (including providing assistance to law enforcement, judicial and other government agencies);
      6. Administering and managing relevant relationships to conduct and further the business operations of MOHT;
      7. Facilitating communications with individuals in connection with services provided by MOHT; and
      8. Any other purposes reasonably related to the above.

5. Medical Disclaimer

   1. You acknowledge that your use of HOPES including the information on HOPES is not intended to be exhaustive on a particular issue, and the information may not always be accurate, complete, or up to date. The information on HOPES is provided as a general information source for your convenience and is not intended to be a substitute for the advice of a medical professional. All information displayed within HOPES is for informational purposes only and is to be relied upon at your own risk, and you should do your own verifications and obtain professional medical advice relevant to your specific circumstances, notwithstanding the information provided. We do not accept any responsibility for your use of HOPES or for any reliance by you on the information contained in HOPES.
   2. You should not assume that HOPES can be used to notify medical staff of any medical emergency or situation that requires urgent medical intervention or otherwise. You will be solely responsible for all decisions and actions taken or not taken including whether involving medical diagnosis, treatment and care resulting from or in any way related to the use of HOPES.
   3. You acknowledge that your data can be viewed by an assigned care team from IMH.
   4. The data collection is not in real time, and We make no representations, assurances, or guarantees on the reliability of HOPES. You acknowledge that HOPES does not extend to the provision of emergency medical assistance in the setting of, but not limited to, psychiatric and other medical emergencies.

6. Security

   1. We endeavour to use available technology to protect the security of communications made through HOPES. However, We do not accept any liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through HOPES or managed by other third parties.
   2. You acknowledge that Internet communications may be susceptible to interference or interception by third parties, and that We make no warranties that HOPES is free of infection by malware, interception by third parties, or other unauthorised software.
   3. You are responsible for taking appropriate steps to keep your information, software and equipment secure, including but not limited to clearing the cache on your mobile device following the use of HOPES and any associated content.

7. Hyperlinks and Third-Party Systems

   1. We do not warrant and endorse and We are not responsible or liable for the availability or content of any other Internet site or system (which is not provided, owned, or operated by Us) linked to or from HOPES. Any link provided on HOPES, on the Discover page and otherwise, is solely for your convenience. These links do not constitute endorsements or recommendations. Access to any other Internet sites or systems is at your own risk and subject to the terms and conditions and/or privacy policies of such Internet sites or systems. We shall not be liable to you or any third party for any damage or loss whatsoever arising from your access to or use of those websites, systems and/or third party information and materials.
   2. You must obtain prior written permission from Us before hyperlinking to, or framing HOPES, or any content within HOPES. We reserve the right to impose conditions should We grant you with such permission.
   3. We reserve the right to object to or disable any link or frame to or from HOPES.
   4. For the avoidance of doubt, you will not hold Us, IMH, the Ministry of Health, any public healthcare institution, any public agency, or any entity that has been authorised to carry out Government and/or healthcare-related services liable for any damage or loss of any kind caused as a result (direct or indirect) of the use of any third party website or app, including, but not limited to, any damage or loss suffered as a result of reliance on the contents contained in or available from any such third party website or app.

8. Intellectual Property

   1. All Intellectual Property and Rights in HOPES, including source codes, algorithms, pages, documents and images, graphics, trademarks, trade names, logos, audio, and video are protected by law. The Intellectual Property rights in these materials are owned by Us or licensed to Us by third parties. All Rights are expressly reserved.
   2. You acknowledge that no part of HOPES may be reproduced, copied, distributed, republished, uploaded, transmitted, or otherwise modified in any way and/or reused for any commercial purposes or other purposes whatsoever without Our prior written permission.

9. General Disclaimer and Limitation of Liability

   1. We do not give any representations, warranties, guarantees or any other commitments, or accept any liability, to you in respect of the use or operation of HOPES, any User Contributed Information and/or external data from external sources ("External Data") including but not limited to the following:

      (a) any representations or warranties as to the accuracy, completeness, reliability, timeliness, currency, quality or fitness for any particular purpose of HOPES; and

      (b) any representations or warranties that HOPES shall be error-free or shall be available without interruption or delay, or that any defects shall be rectified or corrected, or that HOPES is and will be free of all viruses and other harmful elements.

   2. We and Our Affiliates will not be liable to you and/or any third party for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, loss of revenue, loss of profits or otherwise, even if foreseeable, arising from or in connection with:
      1. Any access to, use of or the operation of HOPES;
      2. Any decision made or action taken by you or any third party in reliance upon HOPES, regardless of whether We have been advised of the possibility of such damage or loss;
      3. Any inaccuracy or incompleteness in, or errors or omissions in the information on HOPES;
      4. You using, visiting or relying on any statements, opinion, representation or information in HOPES;
      5. Any delay in the operation or transmission, communications failure, internet access difficulties or malfunctions in equipment or software;
      6. Any infection by computer viruses, interception by third parties, or other unauthorised software and activities;
      7. The conduct or the views of any person who accesses or uses HOPES;
      8. Any External Data; and/or
      9. Any User Contributed Information and/or transmitted information.
   3. HOPES is not operated by Us for commercial or profit purposes. We do not profit from, or endorse, and are not associated with any products, services or organisations that may be mentioned on HOPES. Any mention of or reference to such products or services is purely coincidental.

10. Fees

    1. There are currently no fees payable by you to MOHT for using any part of HOPES. However, We reserve the right to implement fees for the use of certain functions of HOPES from time to time. Should there be a decision to do so, MOHT will inform you of this decision with a minimum of fourteen (14) days in writing.
    2. We are not responsible for any fees charged by any other third-party website or app that is not owned or operated by Us, or part of HOPES, and We shall not be liable towards you for any fees incurred resulting from using, accessing, or making purchases from any such third-party website or app, where said content may be delivered through the HOPES application or otherwise.

11. Indemnity

    1. You agree to indemnify and hold MOHT and Our directors, officers, employees, Our Affiliates, agents, contractors and licensors harmless in respect of any claims (including infringements and third party claims), damages, demands, losses, liabilities, costs, and expenses (including but not limited to legal costs) arising out of, including but not limited to the following: (i) your breach of these Terms, (ii) your use of HOPES, (iii) your access, use or amendment of any External Data, (iv) any User Contributed Information provided by you and/or (v) any action taken by Us as part of Our investigation of a suspected breach of these Terms or as a result of a finding or decision that a breach of these Terms has occurred.
    2. For the purposes of this Terms of Use and the Privacy Policy, "Our Affiliates" shall mean an organisation, institution or entity that:
       1. Is related to MOHT by reason of MOHT directly or indirectly controlling the organisation, institution or entity;
       2. Is related to MOHT by reason of the organisation, institution or entity directly or indirectly controlling MOHT;
       3. Is related to MOHT by reason of both MOHT and organisation, institution or entity being, directly or indirectly, controlled by or under the common control of a third party;
       4. Is obliged to provide support or other services to or otherwise collaborate with that organisation, institution or entity (including the Ministry of Health or any other Ministry of the Government of Singapore, or any statutory board) for any reason; or
       5. By reason of that organisation, institution or entity being a related corporation of MOHT (as defined by the Companies Act 1967).
    3. In the context of corporate entities, a person "controls" the entity if it owns and controls:
       1. more than FIFTY percent (50%) of shares or other securities entitled to vote for election of directors (or other managing authority) of the entity; or
       2. more than FIFTY percent (50%) of the equity interest in the entity; or
       3. is otherwise able to direct or cause the direction of the management and policies of such person or entity whether by contract or otherwise;

12. Waiver

    1. If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

13. Variation of Terms

    1. We may revise these Terms at any time by updating this page. You should visit this page from time to time to review the Terms because they are legally binding on you.
    2. We may modify or discontinue any features, services, tools, directories, or content that form part of HOPES at any time, with or without notice, and without liability.

14. Governing Law and Jurisdiction

    1. The use of HOPES, and the Terms, shall be governed by and interpreted in accordance with the laws of Singapore. Any dispute arising out of or in connection with the Terms including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the courts of Singapore.
    2. Notwithstanding paragraph 14.1 above, We may, where necessary at Our sole discretion, refer any dispute to arbitration administered by the Singapore International Arbitration Centre ("SIAC") in Singapore in accordance with the Arbitration Rules of the SIAC ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. In addition, the seat of the arbitration shall be Singapore, the tribunal shall consist of one (1) arbitrator and the language of the arbitration shall be English.

15. Privacy Policy

    1. The Privacy Policy applicable to HOPES may be found in the "Privacy Policy" page found within the Settings tab of the HOPES mobile application, below the Terms of Use.

Appendix A

List of Data Collected

Data Collected	Explanation
HOPES Application
Device Information	We collect information about your phone model, Device ID, FCM token and phone operating system during registration.
Motion Data - Pedometer, Accelerometer and Gyroscope (for Android users only)	Phone movement is used to determine your steps and patterns of physical activity.
Ambient Light (for Android users only)	Ambient light sensors allow Us to understand the lighting conditions in your environment
GPS Data (Obfuscated)	GPS Data is obfuscated by adding a random displacement to your location. We will NOT be able to find out your exact location at any immediate point in time.
Finger Taps (for Android users only)	Taps within each app category are recorded along with the screen orientation. We will NOT be able to identify or collect the exact location on the screen of each tap.
App Usage (for Android users only)	App Usage such as usage frequency and time spent on each app category (e.g. social, games, productivity, etc)
Power State	For Android users - We collect data on when the phone is turned on. For iOS users - We collect data on battery percentage and whether the phone is being charged.
Sleep	For Android users - We access your device's Physical Activity sensors via Google Play Services to provide sleep tracking features including sleep intervals and sleep confidence scores.
HOPES Application Usage	We collect data you input into the application and how you use the HOPES application and features. This excludes the journal content which is only accessible by the app user.
Fitbit
Sleep	Your sleep data is derived by Fitbit which determines your time spent asleep, your time in sleep stages, and your sleep efficiency.
Steps	Fitbit collects your number of steps taken
Heart Rate	Fitbit collects your heart rate at predefined intervals
Heart Rate Variability	Fitbit collects your data on your heart rate variability (HRV) which measure the variability of time between beats.

List of Data We do NOT collect.

Data NOT Collected	Explanation
Journal Data	Your Journal resides exclusively on your mobile device and the content of your journal CANNOT be accessed by anyone other than the authorized user of the App. We will not be able to restore your journal data in the event of data loss. We collect usage statistics of the journaling features in the App.