Terms and Conditions

a. Legal Capacity and Eligibility

By registering for or using the Platform, the User expressly represents and warrants that they are:

• A natural person who is at least eighteen (18) years of age, or such higher age as required under applicable laws to form a binding contract
• Of sound mind and not disqualified from contracting under the Indian Contract Act, 1872
• Accessing the Platform from within the Republic of India or a jurisdiction where the use of the Platform is legally permitted
• Acting on their own behalf or with valid legal authorization if acting on behalf of another individual or entity

If the User is under the age of 18, they may only access the Platform under the active supervision and with the verifiable consent of a parent or legal guardian. The Company reserves the right to request proof of age or legal capacity at any time and may deny or revoke access if eligibility requirements are not met.

b. Accuracy of Information

The User must provide accurate, complete, and up-to-date information at registration and during usage. False, misleading, or incomplete information shall be treated as a material breach and may lead to suspension, termination, or legal action, at the sole discretion of the Company.

c. Account Security and Confidentiality

The User is solely responsible for maintaining the confidentiality and security of their login credentials. Unauthorized use must be promptly reported. The Company is not liable for any loss or damage resulting from unauthorized access due to inadequate security on the User's part.

d. User Conduct and Prohibited Use

The User agrees to use the Platform solely for lawful, non-commercial, personal mental health support. The User must not:

• Engage in unlawful, fraudulent, defamatory, obscene, or harmful activities
• Harass, stalk, threaten, or violate the rights of others
• Upload or transmit malicious, pornographic, hateful, or objectionable content
• Attempt unauthorized access to systems, servers, or user data
• Misrepresent identity or qualifications
• Introduce malware or interfere with Platform operations
• Circumvent or disable Platform security features

e. Ongoing Obligations

As a condition of continued access, the User agrees to:

• Comply with all applicable laws, including the IT Act 2000 and Mental Healthcare Act 2017
• Respect therapeutic boundaries and the therapist-client relationship
• Promptly report technical issues, misconduct, or concerns to the Company

f. Consequences of Breach

The Company reserves the right to suspend or terminate access with or without notice for:

• Any actual or suspected breach of this Clause or the Terms
• Complaints received from therapists, users, or authorities
• Any conduct that threatens the Platform’s safety, integrity, or legal compliance

g. Legal Compliance and Therapist Qualifications

All therapists must be duly qualified and registered with relevant regulatory bodies such as the RCI or State Mental Health Authority. The Company performs reasonable document verification but does not verify clinical experience or methodologies. Users are responsible for assessing suitability.

The Company and Users agree to comply with the following Indian laws, as applicable:

• The Information Technology Act, 2000
• The Digital Personal Data Protection Act, 2023
• The Mental Healthcare Act, 2017
• The Consumer Protection Act, 2019

a. Therapist Allocation and Selection

Upon successful registration and onboarding, Users may access a curated list of licensed or accredited therapists (“Therapists”) via the Platform. Selection can be based on filters such as language, expertise, and availability. However, therapist availability is dynamic and not guaranteed at all times.

The User acknowledges and agrees that:

• Therapist availability may change without notice
• The Company reserves the right to reassign a Therapist due to conflicts or unavailability
• Therapeutic services are independently delivered, and Therapists are solely responsible for compliance with professional and legal standards

b. Limitation on Therapist Changes

Users may request to change their Therapist up to three (3) times within any twelve (12)-month period from their first booking. Additional requests must include written justification and are subject to Company approval. The Company may:

• Approve the request based on valid reasons
• Deny the request or charge an administrative fee
• Recommend a Therapist or pause further changes

Frequent unjustified requests may be deemed misuse of the Platform.

c. Session Limits and Access Restrictions

Therapy sessions are subject to Therapist availability and the following rules:

• Sessions must be booked through the Platform
• Sessions follow predefined durations (e.g., 30 or 60 minutes)
• Access is not guaranteed or unlimited

The Platform reserves the right to limit session frequency or suspend access due to:

• Repeated cancellations or no-shows
• Misuse or abuse of services
• Technical or legal constraints

d. Nature of Services

Users acknowledge that services:

• Are therapeutic and do not constitute emergency, psychiatric, or medical care
• May involve referrals if the issue exceeds the Therapist’s licensed scope
• May be discontinued or reassigned in good faith or as per regulation

e. Discretionary Suspension or Limitation

The Company may suspend or terminate access if:

• The User behaves abusively or inappropriately toward Therapists or staff
• User or Therapist safety is at risk
• Criminal, regulatory, or unauthorized activities are suspected

In such cases, authorities may be notified and the Company bears no liability for resulting loss or disruption.

a. Booking Procedures and Confirmation

All therapy sessions must be booked in advance via the Platform’s booking system. A session is confirmed only upon successful payment and issuance of a confirmation message. Users are responsible for verifying all session details at the time of booking.

b. Payment Terms and Currency

All payments must be made in full using approved digital methods. Prices are listed in INR and include GST. Payments are non-transferable and must be completed via the original method.

c. Cancellations by User

Users can cancel sessions based on the following:

• Cancellation > 24/48 hours before session: Full refund or reschedule
• Cancellation < 24/48 hours: Refund subject to discretion
• Frequent cancellations may lead to booking restrictions

All cancellations must be done via the official platform. Unofficial requests will not be honored.

d. No-Show Policy

A “no-show” means not attending a session without prior cancellation. In such cases:

• No refund or rescheduling will be granted
• More than two no-shows in 90 days may result in account suspension
• Therapists are not required to wait more than 10 minutes

e. Cancellations by Therapist or Platform

If a Therapist cannot attend:

• User will be notified promptly
• Session will be rescheduled at no cost
• Full refund provided if rescheduling isn't possible

The Platform may cancel sessions due to therapist unavailability, user violations, or force majeure.

f. Refund Conditions

Refunds are subject to these terms:

• Processed to original payment method within 7–14 business days
• May include deductions for transaction fees
• No refunds for dissatisfaction unless ethical breaches are verified

g. Force Majeure

The Company is not liable for disruptions due to events beyond control (e.g., natural disasters, outages). Sessions may be rescheduled as a remedy.

h. Modifications to Booking and Cancellation Policies

Policy terms may change at any time. Continued use of the Platform constitutes acceptance of revised policies.

i. No Warranty Regarding Therapist Availability or Outcomes

The Platform does not guarantee Therapist availability, session outcomes, or continuity of service.

j. Indemnification for Breach of Terms

The User agrees to indemnify and hold the Company harmless against any claims or liabilities arising from breach of booking, cancellation, or refund terms.

a. No Medical Advice or Emergency Services

The Platform does not provide medical diagnosis, emergency intervention, or psychiatric treatment. In emergencies (e.g., suicidal ideation, psychosis, withdrawal), users must contact emergency services such as 112 or 1091. All therapy is delivered by third-party professionals, and the Platform disclaims liability for clinical outcomes.

b. Independent Practitioner Relationship

Therapists on the Platform are independent professionals. The Company does not control their clinical methods and is not liable for any negligence, misconduct, or omissions. Users must independently assess the suitability of their assigned Therapist.

c. Limitation of Liability Regarding Outcomes

The Platform does not guarantee therapeutic results. Mental health improvements vary by individual. The Company is not liable for dissatisfaction, emotional distress, or other psychological effects resulting from therapy.

d. No Guarantee of Therapist Continuity or Compatibility

The Company does not guarantee continuous availability of any Therapist. Therapist changes may occur. Compatibility is not assured. Users are encouraged to report concerns for reassignment under the Platform’s policies.

e. Technological and Platform Limitations

The Platform is not liable for delays, disconnections, or data loss caused by internet issues, user hardware/software, maintenance, or cyberattacks. Industry-standard security is applied but not infallible.

f. Indirect and Consequential Damages

The Company is not liable for indirect or special damages including emotional instability, loss of peace of mind, or substitute service costs resulting from use or inability to use the Platform.

g. Legal Compliance

This disclaimer respects user rights under Indian law (e.g., Consumer Protection Act, Mental Healthcare Act) but must be interpreted with the limitations explicitly stated herein.

h. Limitation of Aggregate Liability

The total liability of the Company shall not exceed the amount paid by the User in the last 3 months for services booked on the Platform, regardless of the nature of the claim.

a. Ownership of Platform Content

All content, code, design, features, graphics, branding, and other materials on the Platform (“Platform Content”) are the exclusive property of the Company and its licensors. Protected by Indian intellectual property laws and international treaties. No rights are transferred to Users, except for a limited, revocable license.

b. Limited License to Use

Users are granted a non-exclusive, non-transferable, revocable license to use the Platform for personal mental wellness only. No redistribution, resale, or commercial exploitation permitted. Modifying or copying Platform Content beyond personal use is prohibited.

c. Restrictions on Use

Users shall not reproduce, distribute, data scrape, reverse engineer, mirror, or modify Platform Content. Violations may lead to legal action under applicable IP laws.

d. User-Generated Content

Users uploading content (reviews, journals, etc.) affirm ownership and legality. The Company receives a global, royalty-free license to use such content. The Company may moderate or remove content violating terms or laws.

e. Trademark Notice

All logos, names, and symbols on the Platform are protected trademarks of the Company or its licensors. No use is permitted without explicit written consent.

f. Infringement and Enforcement

The Company will actively protect its IP rights, pursuing legal action where necessary. Users are liable for losses arising from any infringement or misuse.

g. Reporting Infringement

Users or third parties may report IP violations by submitting a takedown request including content description, ownership proof, and contact details. The Company will review and act accordingly.

h. Data Protection and Privacy

User data is handled per the Digital Personal Data Protection Act, 2023. The Company adheres to its separate Privacy Policy, including protocols for consent, retention, breach notification, and user rights.

a. Governing Law and Jurisdiction

This Agreement is governed by the laws of the Republic of India. All disputes shall be subject to the exclusive jurisdiction of the courts in Bengaluru. Users waive any objections to jurisdiction or venue.

b. Amicable Resolution of Disputes

Parties must first attempt to resolve disputes through mutual negotiation in good faith, within 30 days of written notice. If unresolved, formal arbitration may be initiated.

c. Arbitration Clause

Unresolved disputes shall be submitted to binding arbitration under the Arbitration and Conciliation Act, 1996. A sole arbitrator shall be appointed by mutual agreement or in accordance with ICA rules. Arbitration will be conducted in English at [Insert City], India. The award will be final and binding.

d. Interim Relief and Injunctive Remedies

Either party may seek interim relief from a court for urgent matters such as intellectual property protection or breach of confidentiality, without waiving their right to arbitration.

e. Class Action and Consolidation Waiver

Disputes must be resolved on an individual basis. Users waive rights to participate in class or collective actions against the Company.

f. Survival

Provisions such as intellectual property, disclaimers, indemnity, and dispute resolution shall survive the termination or expiration of this Agreement.

a. General Conduct Obligations

Users must behave lawfully and respectfully, refraining from harassment, abuse, disruption of services, or attempts to access restricted data or systems. The Platform must not be used for any unlawful or unethical purposes.

b. Account Security and Accuracy

Users are responsible for maintaining accurate account information and keeping credentials secure. Any unauthorized use must be reported immediately. The Company may suspend accounts for suspicious activity.

c. Use of Services

The Platform is for personal mental wellness only. Users must not impersonate others, record sessions without consent, or use the services on behalf of third parties without permission.

d. Compliance with Platform Policies

Users must adhere to all current and future Platform rules, codes of conduct, privacy notices, and disclaimers. These are binding and integral to the User Agreement.

e. Cooperation with Law Enforcement and Regulatory Authorities

The Company may share user data with legal or regulatory bodies in accordance with lawful procedures during investigations or legal processes.

f. Consequences of Violation

Violations may result in suspension or termination of access, loss of sessions without refund, or legal action including civil claims and police reporting.

g. Indemnity

Users agree to indemnify and hold the Company harmless from any claims, losses, or damages arising from misuse of the Platform or violation of this Clause.

a. User-Generated Content

i. Ownership and License Grant
Users retain ownership of content they submit (e.g., reviews, feedback, journal entries), but grant the Company a perpetual, royalty-free license to use, store, and adapt it for service improvement, analytics, or anonymized marketing. Content will be handled in accordance with applicable privacy and data laws.

ii. Warranties Regarding Content
Users warrant that submitted content is original, lawful, and does not infringe upon third-party rights. Content must be virus-free and compliant with applicable legal standards.

b. Prohibited Content

Users may not submit content that is:

• Defamatory, offensive, pornographic, or hateful;
• Threatening, harassing, or abusive;
• Infringing on intellectual property rights;
• Containing unauthorized personal or sensitive data;
• Fraudulent, misleading, or illegal in nature.

The Company may remove such content and suspend user accounts where needed. Illegal content may be reported to the authorities.

c. Content Moderation and Platform Rights

The Company is not responsible for the accuracy of User Content but reserves the right to monitor, screen, and remove content for legal or quality reasons. Removed content may be retained briefly for compliance purposes.

d. No Confidentiality for Public Submissions

Feedback, testimonials, or suggestions submitted voluntarily (excluding therapy session content) will be treated as non-confidential, and the Company may use them without compensation or attribution.

e. Survival

This clause survives termination of the User's account and remains binding regarding previously submitted content.

a. User-Initiated Termination

The User may delete their account at any time by using the account deletion feature provided on the Platform. Upon deletion, access to services will be revoked, and personal data will be processed in accordance with the Platform’s data retention policy and applicable law.

b. Company-Initiated Termination

The Company reserves the right to suspend or terminate a User’s access to the Platform, with or without prior notice, under circumstances including but not limited to:

• Violation of this Agreement or any Platform policies;
• Unlawful, unethical, or disruptive conduct;
• Regulatory or legal mandate requiring account suspension or data restriction.

The Company shall not be liable for any loss or inconvenience caused due to such termination.

All official communications shall be made via email to the User's registered address or posted on the Platform. The User is deemed to have received such communications within 24 hours of transmission or posting.

The Company may amend these Terms at any time. Revised Terms will be posted on the Platform with the updated “Effective Date.” Continued use of the Platform after such changes constitutes the User's acceptance of the updated Terms.

If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any waiver by the Company must be explicit and in writing; no waiver of a breach shall be considered a waiver of any other or subsequent breach.