ACT Teletherapy | Terms and Conditions

Last Updated: January 20, 2020

1. The Terms and Conditions

The following are the Terms and Conditions (the “Agreement”) which govern your access and use of our online Teletherapy Platforms through which counseling may be provided (collectively referred to as the “Teletherapy Platform” or simply “Platform”). The Teletherapy Platform may be provided or be accessible via multiple devices, directly or through the website, act-teletherapy.com.

By accessing or using the Teletherapy Platform, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must not access the Teletherapy Platform.

When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to any company that owns and operates the Teletherapy Platform (the “Company”).

1. The Counselors and Counselor Services

The Teletherapy Platform may be used to connect you with a Counselor who will provide services to you (“Counselor Services”).

We require every Counselor providing Counselor Services on the Teletherapy Platform to be an accredited, trained, and experienced licensed marriage and family therapist (LMFT), licensed clinical social worker (LCSW), licensed professional counselor (LPC), or similar applicable recognized professional certification based on their state and/or jurisdiction. Counselors must be qualified and certified by their respective professional board after successfully completing the necessary education, exams, training and practice requirements as applicable.

The Teletherapy Platform’s role enables the Counselor Services in a private and secure communication medium. If you feel the Counselor Services provided by the Counselor do not fit your needs or expectations, you may change to a different Counselor who provides services through the Teletherapy Platform.

While we hope the Counselor Services are 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 appropriate for every particular situation and/or may not be a complete substitute for a face-to-face consult 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 (911 IN THE US) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE TELETHERAPY PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE COUNSELORS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.

1. Privacy and Security

Protecting and safeguarding all information you provide through the Teletherapy Platform is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy (The ‘Privacy Policy’).

By agreeing to these Terms and Conditions, and/or by using the Teletherapy Platform, you are agreeing to the terms of the Privacy Policy.

1. Third Party Content

The Teletherapy 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.

1. Disclaimer of Warranty and Limitation of Liability

You hereby release us and agree to hold us harmless from any and all causes of action and claims of any nature resulting from the counselor services or the Teletherapy Platform, including (without limitation) any act, omission, opinion, response, advice, suggestion, information and/or service of any counselor or content accessible on or through the Teletherapy Platform.

You understand, acknowledge, and agree that the Teletherapy Platform is provided “As Is” without any express or implied warranties or guarantees. The use of the Teletherapy is at your own risk. We expressly disclaim all warranties of any kind, expressed or implied. You further understand, acknowledge, and agree that we are not liable to you or any 3^rd party for any indirect, incidental, consequential, special, punitive, or exemplary damages.

You understand, acknowledge, and agree that our aggregate liability for any damages arising with respect to this agreement and any and all use of the Teletherapy Platform shall not exceed the total amount of money paid by you through the Platform in the calendar quarter of the date of the claim. If the applicable law does not allow the limitation of this liability as set forth, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

This section (limitation of liability) shall survive the termination or expiration of this Agreement.

1. Your account, representations, conduct and commitments

You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter such a contract.

You hereby confirm and agree that all the information that you provided in or through the Teletherapy Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.

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 advise you to change your password frequently and to take extra care in safeguarding your password.

You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.

You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.

You agree, acknowledge, and confirm that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.

You agree and commit not to use the account or Account Access of any other person for any reason.

You agree and confirm that your use of the Teletherapy Platform, including the Counselor Services, are for your own personal use only and that you are not using the Platform or the Counselor Services for or behalf of any other person or organization.

You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Teletherapy Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.

You agree and commit not to make any use of the Teletherapy Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.

You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Teletherapy Platform and your relationship with the Counselors and us.

If you receive any file from us or from a Counselor, whether through the Teletherapy Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.

You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Teletherapy Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Counselor Services) which were provided through the Teletherapy Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.

You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Teletherapy 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 on a timely basis and according to the fees schedule, the terms and the rates as published in the Teletherapy Platform. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Account information.

If you have any concerns about a bill or a payment, please contact us immediately by sending an email to help@act-teletherapy.com. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, including but not limited to helping you find a new Counselor, extending your subscription at no cost to you, and issuing partial or full refunds when applicable.

1. Modifications, Termination, Interruption and Disruptions to the Platform

You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Teletherapy Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

The Teletherapy Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Teletherapy Platform’s reliability and accessibility, you understand and agree that no Platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

1. Notices

We may provide notices or other communications to you regarding this agreement or any aspect of the Teletherapy Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to help@act-teletherapy.com.

All clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.