Terms and Conditions
The following are the Terms and Conditions (or "Agreement") governing your access and use of our online platform through which advice can be provided (collectively, the "Platform"). The Platform can be accessed from the mindwell.ai website and its applications.
By accessing or using the Platform, you are accepting this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound by any terms of this Agreement, you should not access the Platform.
When the terms "we", "us", "our" or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the "Company").
FIRST.- Psychologists and counseling services
The Platform may be used to connect you with a Psychologist who will provide services through the Platform ("Psychologist Services").
We require that each Professional providing Psychologist Services on the Platform be an accredited psychologist by any educational institution recognized by an acredited institution . They must have accredited experience in their area of expertise, as well as state-recognized specializations or graduate programs.
Psychologists are independent providers who are not our employees, agents, or representatives. The role of the Platform is limited to enabling Psychologist Services, while the Psychologist Services are the responsibility of the Psychologist providing them. If you believe that the Psychologist's Services provided by the Psychologist do not meet your needs or expectations.
While we hope that Psychology Services will be beneficial to you, you understand, agree, and acknowledge that they may not be the appropriate solution for everyone's needs and that they may not be suitable for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS, OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (133 in Chile) AND NOTIFY THE RELEVANT AUTHORITIES. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE ABOVE CASES, AND THE PSYCHOLOGISTS CANNOT PROVIDE THE REQUIRED ASSISTANCE IN ANY OF THE ABOVE CASES.
THE PLATFORM IS NOT DESIGNED TO PROVIDE A CLINICAL DIAGNOSIS THAT REQUIRES AN IN-PERSON ASSESSMENT. THE PLATFORM DOES NOT REPLACE FACE-TO-FACE THERAPY AND SHOULD NOT BE USED TO DELAY SEEKING FACE-TO-FACE THERAPY. THE PLATFORM IS NOT USEFUL IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR LEGAL OR OTHER PURPOSES.
SECOND.- Data security
THIRD.- Warranty Disclaimer and Limitation of Liability
YOU RELEASE US AND AGREE THAT WE ARE NOT LIABLE FOR ANY ACTIONS CAUSED AND CLAIMS OF ANY NATURE RESULTING FROM THE PSYCHOLOGIST'S SERVICES ON THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND / OR SERVICE OF ANY PSYCHOLOGIST AND / OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
YOU UNDERSTAND, ACCEPT AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, SECURITY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING EXPRESS OR IMPLIED.
YOU UNDERSTAND, ACCEPT AND ACKNOWLEDGE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
YOU UNDERSTAND, ACCEPT AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE PLATFORM IN THE 3 MONTH PERIOD PRIOR TO THE CLAIM PERIOD.
If applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified only to the extent necessary to comply with applicable law.
This section (limitation of liability) will survive the termination or expiration of this Agreement.
FOURTH.- Your account, representations, conduct, and commitments.
You hereby confirm and agree that all the information you provided through the Platform, and the information you will provide through the Platform in the future, is accurate, true, current, and complete. In addition, you agree that during the term of this Agreement you will ensure to maintain and update this information so that it remains accurate, current, and complete.
You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of the information you provide regarding your age, residence, and contact information and that the Therapists you access ("Providers") rely on this certification to interact with you and provide the Services.
You agree and commit not to use the account or Account Access of any other person for any reason.
You agree, confirm, and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). We recommend that you change your password frequently and take special care in protecting your password.
You agree, confirm, and acknowledge that we will not be liable for any loss or damage caused by the use of your account by another person, whether with or without your consent or knowledge.
You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of security of your account.
You agree, confirm, and acknowledge that you are solely responsible for all activities conducted on your Account Access. Furthermore, you acknowledge and agree that we will consider you responsible for any damage or loss incurred as a result of Account Access by any person authorized or not, and agree to indemnify us for such damage or loss.
You agree and confirm that your use of the Platform, including the Psychologist's Services, is for your personal use only and that you are not using the Platform or the Psychologist's Services on behalf of any other person or organization.
You agree and commit not to interfere or disrupt, or attempt to interfere or disrupt, any of our systems, services, servers, networks, or infrastructure, or any of the systems, services, servers, networks, or infrastructure of the Platform, including, among others, obtaining unauthorized access to the aforementioned.
You agree and commit not to use the Platform to post, send or deliver any of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) illegal, harassing, privacy-invading, abusive, threatening, vulgar, obscene, racist, or potentially harmful content; (d) any content that infringes a third party's right, including intellectual property rights; (e) any content that may cause harm to a third party; (f) any content that may constitute, cause or encourage a criminal action or violate any applicable law.
You agree and commit not to violate any law, statute, ordinance, rule, regulation, or applicable local or international ethical code in connection with your use of the Platform and your relationship with the Psychologists and us.
If you receive any file from us or a Psychologist, whether through the Platform or not, you agree to verify and scan this file for viruses or malicious software before opening or using this file.
You commit not to record or register in any way any interaction with your Psychologist through the Platform without their consent.
You will indemnify, defend, and hold us harmless against any claim, loss, causes of action, demands, liabilities, costs, or expenses (including, among others, litigation and reasonable attorneys' fees and expenses) arising out of or related to any of the following: (a) your access or use of the Platform; (b) any action performed with your account or Account Access, whether by you or another person; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Psychologist Services) provided through the Platform; (e) your violation of any third-party rights, including, among others, any intellectual property, publicity, confidentiality, property, or privacy rights. This clause will survive the expiration or termination of this Agreement.
FIFTH.- Modifications, termination, interruption of the platform
You understand, accept, and acknowledge that we may modify, suspend, interrupt the Platform, any part of the Platform, or the use of the Platform, whether for all clients or for you specifically, at any time with or without prior notice. You accept and acknowledge that we will not be liable for any of the aforementioned actions or for any loss or damage caused by any of the aforementioned actions.
The Platform depends on various factors, such as software, hardware, and tools, whether they are ours or those of our contractors and suppliers. While we make commercially reasonable efforts to ensure the reliability and accessibility of the Platform, you understand and agree that no platform can be 100% reliable and accessible, so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible and consistent or error-free at all times.
You confirm and agree to use only credit cards or other payment methods (collectively "Payment Methods") that you are duly and fully authorized to use, and that all payment-related information you provided and will provide in the future, through the Platform is accurate, current, and correct and will continue to be accurate, current, and correct.
You agree to pay all fees and charges associated with your Account in a timely manner and in accordance with the fee schedule, terms, and rates published on the Platform. By providing us with your Payment Methods, you authorize us to bill and charge you through such Payment Methods and agree to maintain valid Payment Method information in your Account information.
We may provide you with notices or other communications regarding this agreement or any aspect of the Platform, by email to the email address we have on record, by regular mail, or by posting it online. The date of receipt will be considered the date on which such notice is given. Notices sent to us must be sent by email to firstname.lastname@example.org.
Important Notes about our Agreement
We may change this Agreement by posting modifications on the Platform. Unless we specify otherwise, all modifications will be effective at the time of their posting. Therefore, we recommend that you frequently review the terms of this Agreement. The last update date of this Agreement is published at the bottom of the Agreement. By using the Platform after the changes take effect, you agree to be bound by such changes to the Agreement. If you do not agree with the changes, you must terminate access to the Platform and participation in its services.
We may freely transfer or assign this Agreement or any of its obligations hereunder.
The headings of the paragraphs in this Agreement are for convenience only and shall not apply in the interpretation of this Agreement.
If a court of competent jurisdiction finds that any provision of this Agreement is unlawful, invalid, unenforceable, or contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.
To clarify any doubt, all clauses regarding limitations of liability and indemnification shall remain in effect after the termination or expiration of this Agreement.