Terms And Conditions

DiveThru App Terms & Conditions

Date of Last Amendment: February 5, 2025

Thank you for using the DiveThru App.

The DiveThru App (the “App”) is owned by DiveThru Inc. (“DiveThru,” “we,” “us,” “our”). Our head office is located at Bell Tower, 2100, 10104 103 Ave NW, Edmonton, AB T5J 0H8. DiveThru includes affiliated, related, or subsidiary companies, and our shareholders, directors, officers, employees, contractors (including our therapists), subcontractors, freelancers, agents, representatives, successors, and assigns.

The App provides App Users and Clients with:

• A portal to manage their therapy and psychological assessment appointments, including but not limited to a matching tool, appointment booking service, appointment notifications, invoice management; and
• free and paid psychoeducational resources and exercises.

In this Policy (the “App Privacy Policy”), we use the terms:

• “App User” to refer to users of the App but not the Website;
• “Client” to refer to App Users who have booked an appointment with one of our therapists; and
• “Website User” to refer to users (visitors, browsers) of the Website but not the App.

By using the App, you agree to abide by these App Terms. Please review them carefully. These App Terms are a binding legal contract between you and DiveThru.

If you cannot agree to these App Terms, do not use our App, i.e., do not create an account. If you have a question about these App Terms, contact us at privacyofficer@divethru.com.

Please review our DiveThru App Privacy Policy. If you do not consent to our collection and use of information as explained there, please follow the procedures in that Policy.

We may amend these Terms at any time without prior notice, but significant changes will be communicated via a notice on our Website or through registered user email communications. Continued use of the App after an amendment means that you accept the new App Terms.

A. Accessing the Browser and Mobile Versions of the App

There are two versions of the App:

• The browser version (“the Browser App”);
• The mobile version (the “Mobile App”).

1. The Browser App

On the DiveThru website (the “Website”), there are  CTA (Call to Action) buttons/links marked “Find a Therapist,” “Download the app,” “Take me to the app,” Apply Now,” “Log In,” “Sign In,” and “Sign Up.” You access the Browser App by clicking on one of those buttons/links.

You will know you have exited the Website and begun the process of accessing the Browser App when:

• The URL in your browser’s address bar changes from https://divethru.com/ to https://app.divethru.com/; and
• You are asked to enter personal identifying and/or contact information.  

You may be able to access these App Terms and the DiveThru App Privacy Policy before entering your personal identifying and/or contact information. If the link to the Browser App you are using does not provide that access, you will have an opportunity to review these App Terms and the DiveThru App Privacy Policy once you enter the data requested and access the Browser App.

If you review these App Terms and the DiveThru App Privacy Policy after entering personal identifying and/or contact information and you decide that you do not wish to use the Browser App, the Mobile App, or our services, contact us at privacyofficer@divethru.com and we will delete the information you entered.

The Browser App has limited utility. It can be used to manage elements of your journey utilizing our services, which include features like using our matching tool, selecting a therapist, and booking an appointment.

1. The Mobile App

The DiveThru App can be downloaded to your mobile device without cost from the Apple App Store and Google Play Store. If you created an account on the Browser App, use those credentials to log on to the Mobile App. If not, you can create an account on the Mobile App (which can then be used to log in to the Browser App).

Use the Mobile App to manage elements of your journey utilizing our services, which include features like our matching tool, selecting a therapist, booking an appointment, and accessing our library of psychoeducational resources and exercises. 

B. Who Can Use the DiveThru App, and our Services

Access to the App (both versions) and our services is limited to adults.

Minors (persons under the age of 18) must not access or attempt to access the App and our services without the consent of a legal guardian. A parent is a legal guardian, and either can consent unless separated or divorced. A parent with sole custody may provide consent. If separated or divorced parents have joint custody, both must consent before a minor can access the App and/or our services, including counselling or therapy.

A legal guardian’s consent to a minor’s access to the App and our services, including counselling or psychological assessments, must be communicated to us before the minor accesses the App or our services. For information about how a legal guardian provides prior consent or consent by a legal guardian who is not a parent, please contact us at privacyofficer@divethru.com.

The services of DiveThru therapists can only be used by residents of Alberta (at one of our studio locations or virtually), British Columbia (virtually), and Ontario (virtually).

Other information and services on the App can be accessed and used without geographical restriction.

C. Use of the App

1. 1. Right to use

After creating an account, you are free to use the App without cost or obligation.

1. Information is not mental health counselling.

The content on the App, including Solo Dives, Articles, Courses, Journal Bundles, and Mindfulness Exercises, is informational/educational only. The content on the App is not, and should not be considered as or substituted for, mental health counselling. The App content and an App User’s use of that content do not constitute the practice of mental health counselling or any other professional mental health service, advice, diagnosis, or treatment. If you are not sure if mental health counselling will benefit you, you can connect with our team by reaching out to hello@divethru.com.

1. Your obligations

You agree that you will only use the App for lawful purposes.

Without our prior written consent, which may be withheld at our sole discretion, you agree that you will not:

• copy, reproduce, use, or sell App content, including, without limitation, Solo Dives, Articles, Courses, Journal Bundles, and Mindfulness Exercises. 
• modify, distribute, or re-post any content on the App for any purpose.
• use the content of the App for any commercial purpose.

You agree that you will:

• not disrupt or interfere with the security of, or otherwise abuse, the App, any service(s) or content, system resources, accounts, servers, or networks connected to or accessible through the App or an affiliated or linked app or website.
• not disrupt or interfere with any other user’s use or enjoyment of the App or an affiliated or linked app or website.
• not transmit through or on the App or an affiliated or linked app or website any viruses or other harmful, disruptive, or destructive files.
• not use, frame, or utilize framing techniques to enclose DiveThru’s trademark, logo, or other proprietary information (including images/text/videos/audio) found on the App or the layout/design of any page or form on the App without our prior written consent, which may be withheld at our sole discretion.
• not reverse engineer or create derivative works based on the App or any content available through the App, including, without limitation, software.
• not use meta tags or any other “hidden text” utilizing DiveThru’s name, trademark, logo, or other proprietary information without our prior written consent, which may be withheld at our sole discretion.
• not obtain or attempt to obtain unauthorized access to the App or areas of the App that are restricted from general access.

D. Protection of our Intellectual Property rights and your license to use the App

You agree that the content on our App, including text, graphics, images, software, sound (including spoken words and music), photographs, video clips, and information provided by therapists, sponsors, advertisers, or other users (“Intellectual Property”) is owned by DiveThru or the applicable third party and is protected by copyright, trademark, patent, or other proprietary rights and laws.

You agree that you will not use or display any of our trademarks, logos, or service marks without our prior written consent, which may be withheld at our sole discretion. You agree that you will not use or display any other trademarks, logos, or service marks displayed on our App without the permission of the owners, which may be withheld at our sole discretion.

You are granted a non-exclusive, non-transferable, revocable, and limited license to view content and use content on the App. 

Except as expressly provided in these App Terms, nothing on the App will be construed as conferring any other license or right expressly, by implication, estoppel, or otherwise, to any of DiveThru’s or a third party’s Intellectual Property. All rights not expressly granted herein are reserved.

E. Disclaimer of all Warranties with respect to the App

Our App is provided on an “as-is” and “as-available” basis. Except as provided in these App Terms and to the fullest extent permitted by applicable law, we expressly disclaim all warranties, express or implied, with respect to the App or your use thereof, including, without limitation, any warranties of merchantability, fitness for a particular purpose, or non-infringement. Use of or reliance on our services and those of our therapists is at your own risk.

We do not warrant that the App will meet your requirements, result in any particular outcome, or that access to it will be uninterrupted, timely, secure, and error-free, or that defects, if any, will be corrected. Except as expressly provided in these App Terms, we make no warranties with respect to the accuracy, quality, or reliability of the information on the App.

No advice or information obtained from us directly, through the App, or from a therapist creates any warranty not expressly stated in these App Terms. Without limiting the foregoing, this limitation applies to Solo Dives, Articles, Courses, Journal Bundles, and Mindfulness Exercises found on the App, whether offered free of charge or upon payment of a fee. Without limiting the foregoing, we do not warrant that any information or advice provided on or through the App is accurate, reliable, correct, or has therapeutic value. Nor do we warrant that our services or those of our therapists will meet your requirements or result in any particular outcome.

You agree that any material and/or data downloaded or otherwise obtained from the App is downloaded/used at your own risk and that you will be solely responsible for any damage or loss resulting from such use, including damage to your computer or device or for loss of data that resulted from the download.

We disclaim any responsibility for any product or service advertised or offered by a third party through our App or any linked app or website. We specifically disclaim any responsibility for services provided by therapists on or through the App.

F. General limitation on our liability

You agree that under no circumstances will we or our affiliated, related, or subsidiary companies, or our shareholders, directors, officers, employees, contractors (including our therapists), subcontractors, Website content contributors, freelancers, agents, representatives, successors, and assigns be liable for any indirect, special, incidental, or consequential damages, including without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, or consequential damages resulting from or associated with your use of the App. This limitation applies regardless of the manner in which damages are caused or the theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use, the App; or (2) the cost of procuring substitute services.

G. Additional limitations on our liability

To the fullest extent that may be disclaimed at law:

• Without limiting the generality or applicability of section E (Disclaimer of all Warranties with respect to the App) and section F (General Limitation on our Liability) or any other provision in these App Terms, we are not liable to you for failures to perform, failures to perform as described, or for delays in the performance of any obligations described in these App Terms or elsewhere on the App, whether such failure or delay resulted wholly or in part from any factor(s) within or beyond our direct and immediate control.
• We are not liable for costs or losses of any nature that you incur as a direct or indirect result of using our services or the services of our therapists, including costs or losses resulting from delays in the delivery of our or their services, whether or not such delays are reasonable. We are specifically not liable for direct or indirect costs or losses resulting from the absence of anticipated or possible therapeutic outcomes following interactions with our therapists.
• We are not liable to you for damages, costs, or losses resulting from disputes, including damages, costs, or losses of any nature that are the outcome of a legal dispute between you and any third party, including our therapists, even if the therapist(s) or we caused the damages, costs, or losses.
• We are not liable to you in relation to the purchase and use or reliance on our services or the services of our therapists, or any delays related thereto whether within or beyond our/their control, whether for breach of contract, warranty, negligence, strict liability, in tort (including negligence), or otherwise for pre-contractual or other representations (other than fraudulent misrepresentations) that result in (1) economic, commercial, or personal loss (including without limitation loss of revenue, profits, contracts, business, savings or anticipated savings), (2) any loss of goodwill or reputation, (3) any special, punitive, indirect, consequential, or incidental loss or damages (including without limitation, damage to or deterioration of mental health, loss of use, loss of time, loss of employment or income, or inconvenience), whether such are suffered by a you, a family member (including a minor), your ward (if you are a legal guardian but not a parent), or a third party.
• In no event will our total liability to you arising out of or in any way related to your use of or reliance on our services or the services of our therapist(s) exceed the value of the services provided over the 12-month period immediately before the event giving rise to liability. “You” in this section G and anywhere else in these App Terms includes, where contextually applicable, you personally, your family member (including a minor), your ward (if you are a legal guardian but not a parent), or a third party.

H. Indemnification

You agree to indemnify and hold harmless DiveThru and our affiliated, related, or subsidiary companies, or our shareholders, directors, officers, employees, contractors (including our therapists), subcontractors, Website content contributors, freelancers, agents, representatives, successors, and assigns from any and all liabilities, losses, claims (including but not limited to, claims for injunctive relief), demands, disputes, damages, losses, liens, causes of action, suits, civil, criminal, statutory, or administrative actions or proceedings, fines, taxes, assessments, penalties, judgments, and/or other expenses of any kind, nature, or description whatsoever (including but not limited to, our legal fees and expenses and costs of investigation) resulting from or in any way connected with (1) your use of our services, (2) your use of content/services on the App, (3) privacy, tort, or other claims relating to the provision of personal information to DiveThru whether or not owned by you, and/or (4) your breach of these App Terms. You warrant that, if applicable, you have the authority to bind your organization/employer/family member/etc. in connection with this and other Indemnifications and limitations of Warranty in these App Terms.

I Our remedies

To avoid irreparable injury to DiveThru, in the event of your breach or threatened breach of these App Terms, we may seek an injunction and/or other equitable relief restraining such breach or threatened breach in a court of law. Nothing in these App Terms will be construed as prohibiting us from pursuing any other remedies available for such breach or threatened breach, including the recovery of monetary damages from you and/or your organization/employer/etc.

J. Communication

You agree that any contact information you provide to us will be accurate.

If you reach out to us, you consent to us contacting you. You also consent to receive e-mails and SMS messages from us or on our behalf relating to our services, although you will be able to unsubscribe from marketing emails.

For further information, please review our DiveThru App Privacy Policy.

K. Other Terms & Conditions for Use of the App

DiveThru is committed to ensuring accessibility for all users. If you experience any accessibility barriers while using our App, please contact us at hello@divethru.com.

For information on cancellations and refunds for therapy services booked through the DiveThru App, please refer to our Refund and Cancellation Policy.

DiveThru may, at our discretion, assign, transfer, or subcontract any of our rights or obligations under these App Terms to any third party. 

Our delay in exercising any right or remedy under these App Terms shall never operate as a waiver of that right or remedy and shall not affect our ability to exercise that right or remedy subsequently. We must agree to any waiver in writing.

If any provision in this Agreement is held by a court or adjudicator of competent jurisdiction to be illegal, invalid, or unenforceable under any applicable law, the provision shall be construed and enforced as nearly as possible in accordance with the intent expressed on its face to the extent such construction and enforcement is permissible under applicable law, and the remaining provisions of this Agreement shall not be affected or impaired thereby.

These App Terms supersede any terms previously published by us and any other representations or statements made by us to you, another user, or users generally, whether oral, written, or otherwise.

These App Terms and any agreement of purchase and sale between you and DiveThru will be construed and governed by the laws of the province of Alberta, Canada. Any matters in dispute between you and DiveThru will be submitted to and determined by a court of competent jurisdiction in the province of Alberta. You irrevocably waive any claim of inconvenient forum.

We may, in our sole discretion, terminate or suspend the operation of the DiveThru App, or access to the DiveThru App without prior notice. We may do so for any reason that we determine to be appropriate.