Terms and Conditions

 

1. Terms and Conditions

The following are the terms and conditions (the “Agreement”) for access to and use of our online platform by any person (“User,” “Client,” or “You”), through which counseling, guidance, professional advice, and other information may be provided (collectively referred to as the “Platform”). The Platform may be provided or accessed through multiple websites, devices, applications, platforms, and other means, whether owned and/or operated by us or by third parties, including, but not limited to, the website terapixonline.com.

Notwithstanding the above, the Platform may be used, among other things, to facilitate (a) personalized advice and information provided specifically to the User, and (b) general information and content that is publicly available and not personally provided to the User.

By accessing or using the Platform, or by clicking a button or checking a box indicating that you have read and agree to the terms of use, you are accepting this Agreement. You must read this Agreement carefully before using the Platform. If the User does not agree to be bound by any term of this Agreement, the User 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), its affiliated companies, and the shareholders, directors, employees, consultants, contractors, subcontractors, agents, advisors, and successors of such companies.

2. Providers and Emotional Support Services

The Platform allows the User to communicate with a provider, therapist, consultant, professional, expert, coach, advisor, or other person (collectively referred to as a “Provider”) for the purpose of obtaining advice, information, or other support, benefit, or service (collectively, “Emotional Support Services”).

Providers are not our employees, agents, or representatives. Furthermore, we assume no responsibility for any act, omission, or usage of any Provider.

We make no representations or warranties about the willingness or ability of a Provider to provide advice.

We make no representations or warranties regarding whether the User will find the Emotional Support Services relevant, useful, correct, satisfactory, or suitable for their needs.

We do not control the quality of services provided by the Provider or determine whether a Provider is qualified to provide any specific service or is correctly categorized or appropriately matched with the User.

The User’s relationship with the Emotional Support Services is strictly with the Provider. We are not involved in the actual content of that relationship or any part of the Emotional Support Services (whether provided through the Platform or not), and we do not endorse or participate in any of the Emotional Support Services.

If the User makes a payment through the Platform or makes any payment to Us, this payment is made to the Provider of the Emotional Support Services. We may charge the advisor by taking a portion of this payment for the use and operation of the Platform (“Platform Usage Fees”). However, this shall not be construed as Us providing any services or advice, regardless of the payment. Additionally, the fee for using the Platform is paid by the Provider, not the User.

3. Use of the Platform

The User agrees, confirms, and acknowledges that although the Provider may provide Emotional Support Services through the Platform, we cannot assess whether the Provider, Emotional Support Services, or the Platform is appropriate or suitable for the User’s needs. THE PLATFORM DOES NOT INCLUDE THE PROVISION OF MEDICAL SERVICES, MENTAL HEALTH SERVICES, OR OTHER PROFESSIONAL SERVICES PROVIDED BY US. As operators of the Platform, our role is strictly limited to facilitating communication between the User and the Provider and enabling the provision of Emotional Support Services. It is the User’s responsibility to consider and decide whether these services are appropriate for them.

The User agrees, confirms, and acknowledges that they are aware that the Emotional Support Services are not a full substitute for an in-person examination and/or session conducted by a licensed and qualified professional. The User should never rely on or make health or well-being decisions primarily based on information provided as part of the Counseling Services. Additionally, we strongly recommend that the User consider seeking advice by scheduling an in-person appointment with a licensed and qualified professional. Never ignore, avoid, or delay obtaining medical advice from your physician or another qualified health care advisor for an in-person appointment because of information or advice received through the Platform.

THE PLATFORM IS NOT INTENDED TO MAKE DIAGNOSES, INCLUDING INFORMATION ABOUT WHICH MEDICATIONS OR TREATMENTS MAY BE APPROPRIATE FOR THE USER, AND THE USER SHOULD DISREGARD ANY SUCH RECOMMENDATIONS IF MADE BY THE PLATFORM.

Users are advised to exercise a high level of care and caution in their use of the Platform and its Emotional Support Services.

IF YOU ARE THINKING ABOUT SUICIDE OR CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOURSELF OR OTHERS, OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN DANGER, OR IF YOU HAVE A MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL EMERGENCY SERVICES (911 IN THE UNITED STATES) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN-PERSON ASSISTANCE. YOU ACKNOWLEDGE, CONFIRM, AND AGREE THAT THE PLATFORM IS NOT INTENDED FOR USE IN ANY OF THE ABOVE CASES AND THAT YOU SHOULD NOT USE THE PLATFORM IN ANY OF THE ABOVE CASES.

The Platform may contain other content, products, or services 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 related to Third-Party Content. The User confirms and acknowledges that we have no responsibility or liability for such Third-Party Content, including (but not limited to) related products, practices, terms, or policies, and that we will not be liable for any damage or loss caused by such Third-Party Content.

BY ACCEPTING THIS AGREEMENT, YOU ALSO AGREE TO THE TERMS OF THE PLATFORM’S PRIVACY NOTICE AVAILABLE AT THE BOTTOM OF ALL PAGES OF THE TERAPIX WEBSITE. THE PRIVACY NOTICE IS INCORPORATED INTO AND CONSIDERED PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY TO CHANGES AND REVISIONS TO THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS TO THE PRIVACY NOTICE.

4. Disclaimer of Warranty and Limitation of Liability

THE USER ACKNOWLEDGES, CONFIRMS, AND AGREES THAT THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING (BUT NOT LIMITED TO) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

THE USER ACKNOWLEDGES, CONFIRMS, AND AGREES THAT WE DO NOT GUARANTEE THE PLATFORM WILL BE SAFE, SECURE, OR ERROR-FREE, OR THAT IT WILL FUNCTION WITHOUT DELAYS, INTERRUPTIONS, OR IMPERFECTIONS. THE USER ACKNOWLEDGES THAT WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE PROVIDER OR FOR THE EMOTIONAL SUPPORT SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY DAMAGES, LOSSES, OR EXPENSES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE PLATFORM OR EMOTIONAL SUPPORT SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE USER UNDERSTANDS, AGREES, AND ACKNOWLEDGES THAT WE SHALL NOT BE LIABLE TO THE USER OR TO ANY THIRD PARTY FOR ANY DAMAGES RELATED TO THE RELATIONSHIP BETWEEN THE USER AND ANY PROVIDER, ANY EMOTIONAL SUPPORT SERVICES, OR ANY INFORMATION PROVIDED THROUGH THE PLATFORM, OR THE USER’S USE OF OR INABILITY TO USE THE PLATFORM.

5. Your Account, Representations, Conduct, and Commitments

You hereby confirm that you are at least 18 years old (or the age of majority in your jurisdiction) and are legally able to enter into a binding contract. If you are accessing the Platform on behalf of a minor, you affirm that you are their parent or legal guardian and consent to the minor’s use of the Platform under your supervision.

You hereby confirm that all information you provided during registration is accurate, current, and complete, and you agree to maintain and update your information to keep it true and complete.

You agree and commit not to:

  • Disrupt or interfere with the security or use of the Platform.

  • Abuse, harass, stalk, threaten, or otherwise violate the legal rights of any other user or Provider.

  • Use the Platform for any fraudulent or unlawful purpose.

  • Impersonate another person or misrepresent your affiliation with any person or entity.

  • Reverse engineer, disassemble, or attempt to derive the source code of the Platform.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device. You agree to accept responsibility for all activities that occur under your account or password.

If you have any reason to believe that your account has been compromised or misused, you agree to contact us immediately.

6. Payments and Refund Policy

All payments for Emotional Support Services are made directly through the Platform. The total amount charged will include Platform Usage Fees and may include applicable taxes, depending on the jurisdiction.

Refunds are not automatic and may be requested by contacting our support team. Refunds are issued at our sole discretion and may be denied if we determine that the services were delivered as agreed.

If you have concerns about a charge, you must notify us in writing within 30 days of the charge. If you do not notify us within this time, you waive any claim related to the disputed charge.

7. Modifications to the Agreement

We may update or modify this Agreement from time to time. Any changes will be effective immediately upon being posted on the Platform unless otherwise specified. Your continued use of the Platform after the posting of the updated Agreement constitutes your acceptance of the changes.

We encourage you to review the Agreement periodically to stay informed about any updates. If you do not agree with any changes to this Agreement, you must stop using the Platform.

8. Intellectual Property Rights

All content and materials available on the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, video, software, and other materials, are the property of Terapix or its licensors and are protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for your personal, non-commercial use only, and in accordance with this Agreement.

You agree not to reproduce, distribute, modify, display, perform, publish, license, create derivative works from, sell, or exploit any content, information, or services obtained from the Platform without our express written permission.

9. Termination

We reserve the right to suspend or terminate your access to the Platform at any time, with or without notice, for conduct that we believe violates this Agreement, is harmful to other users or Providers, or for any other reason at our sole discretion.

You may stop using the Platform at any time. Termination of your access to the Platform will not affect any rights or obligations accrued prior to termination.

10. Applicable Law and Jurisdiction

This Agreement shall be governed and interpreted in accordance with the laws of the State of Massachusetts, United States, without regard to its conflict of laws provisions.

Any legal action or proceeding related to the Platform or this Agreement shall be brought exclusively in the courts located in Boston, Massachusetts, and you consent to the jurisdiction of such courts.