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 must not access the Platform.

When the terms “We,” “Us,” “Our,” or similar terms 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 any 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 use 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 about 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 any way with 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.

In the event that the User makes a payment through the Platform or makes any payment to Us, such 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 payment. Furthermore, 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 use of the Provider, Emotional Support Services, or the Platform is appropriate and 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 you or not.

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. Furthermore, 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 other qualified healthcare advisor for an in-person appointment due to 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.

The User is 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 ARE 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 TO BE USED IN ANY OF THE ABOVE CASES AND THAT YOU MUST 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 obligation 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 ACCEPT 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 DEEMED PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY WITH RESPECT TO CHANGES AND REVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY NOTICE.

4. Disclaimer of Warranty

THE USER HEREBY RELEASES AND AGREES TO RELEASE US FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE ARISING FROM THE PLATFORM'S EMOTIONAL SUPPORT SERVICES, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, INFORMATION, AND/OR SERVICE OF ANY MENTAL HEALTH PROFESSIONAL OR ANY OTHER PROVIDER IN A FIELD REQUIRING LICENSING AND/OR CERTIFICATION ACCESSIBLE THROUGH THE PLATFORM.

THE USER AGREES, CONFIRMS, AND ACKNOWLEDGES THAT WE DO NOT REVIEW, RECOMMEND, APPROVE, EVALUATE, OR OFFER ANY WARRANTY, REPRESENTATION, OR GUARANTEE, AND WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO (A) ANY PROVIDER; (B) ANY INFORMATION ABOUT ANY PROVIDER, INCLUDING, WITHOUT LIMITATION, ANY PROVIDER'S QUALIFICATIONS, EXPERIENCE, STATEMENTS, OR BACKGROUND; (C) THE PROVIDER'S SERVICES (WHETHER THROUGH THE PLATFORM OR NOT), INCLUDING, WITHOUT LIMITATION, ANY OPINION, RESPONSE, ADVICE, RECOMMENDATION, INFORMATION, OR ANY OTHER CONTENT WRITTEN OR SPOKEN BY A PROVIDER; (D) THE CONTENT AND SUBSTANCE THAT FORM PART OF THE PROVIDER'S SERVICES; (E) ANY OTHER CONTENT OR INFORMATION POSTED ON OR THROUGH THE PLATFORM; (F) THE VALIDITY, ACCURACY, AVAILABILITY, INTEGRITY, SECURITY, LEGALITY, PRIVACY, QUALITY, OR APPLICABILITY OF THE PLATFORM AND THE PROVIDER'S SERVICES.

THE USER AGREES, CONFIRMS, AND ACKNOWLEDGES THAT THE PLATFORM IS PROVIDED “AS IS” AND, THEREFORE, THE USER WILL HAVE NO CLAIM OR DEMAND AGAINST US. USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY.

ANY CONSULTATION WITH A PROVIDER THROUGH THE PLATFORM CANNOT REPLACE AN IN-PERSON CONSULTATION WITH A PROFESSIONAL. THE USER IS ENCOURAGED TO VERIFY THE INFORMATION PROVIDED BY PROVIDERS. ANY RELIANCE ON THIS INFORMATION IS AT THE USER'S SOLE RISK AND RESPONSIBILITY.

WE DO NOT ASSUME, AND WILL NOT BE LIABLE FOR: (A) THE ACCURACY OR AVAILABILITY OF THE PLATFORM OR ANY PART OF THE PLATFORM; OR (B) ANY DAMAGE OR INJURY ARISING FROM OR RELATED TO THE PLATFORM, PROVIDERS, OR EMOTIONAL SUPPORT SERVICES.

In the event of a dispute related to any transaction conducted through the Platform, the User hereby releases us from all actions, claims, or demands and from any loss (direct, indirect, incidental, or consequential), damages, costs, or expenses, including, without limitation, court costs and attorneys' fees, that the User may have against one or more of the foregoing.

5. Limitation of Liability

THE USER AGREES, CONFIRMS, AND ACKNOWLEDGES THAT WE WILL NOT BE LIABLE TO THE USER OR THIRD PARTIES FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.

THE USER AGREES, CONFIRMS, AND ACKNOWLEDGES THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING FROM THIS AGREEMENT AND ANY USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY THE USER THROUGH THE PLATFORM IN THE 3 MONTHS PRECEDING THE DATE OF THE CLAIM.

WE EXPRESSLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY CLAIM, AGREEMENT, OR ACTION TAKEN BY A PROVIDER, WHETHER OR NOT RELATED TO THE PROVIDER'S SERVICES, IN CONNECTION WITH THE USER'S PAYMENT FOR THE PROVIDER'S SERVICES OR OTHERWISE. THE USER AGREES, CONFIRMS, AND ACKNOWLEDGES THAT THE USER WILL INDEMNIFY, DEFEND, AND HOLD US HARMLESS IN THE EVENT OF ANY SUCH CLAIM.

If applicable law does not permit the limitation of liability set forth above, the limitation shall be deemed modified only to the extent necessary to comply with applicable law.

This section (Limitation of Liability) shall survive the termination or expiration of this Agreement.

6. User Account, Representations, Conduct, and Commitments

The User hereby confirms that they are at least 18 years of age.

The User hereby confirms that they are legally capable of entering into a contract.

The User confirms and agrees that the information they have provided and will provide on the Platform in the future is accurate, truthful, current, and complete. Furthermore, the User agrees that during the term of this Agreement they will maintain and update this information so that it remains accurate, truthful, current, and complete.

The User agrees, confirms, and acknowledges that they are responsible for maintaining the confidentiality of their password and any other security information related to their account (collectively, “Account Access”). We recommend changing your password frequently and taking precautions to protect it.

The User agrees to notify us immediately of any unauthorized use of their Account Access or any other concern about a possible security breach of their account.

The User agrees, confirms, and acknowledges that we will not be liable for any loss or damage resulting from use of the User's account by another person, with or without the User's consent and/or knowledge.

The User agrees, confirms, and acknowledges that they are solely and fully responsible for all activities that occur through their Account Access. Furthermore, the User acknowledges and agrees that we will hold them liable for any damage or loss incurred due to use of their Account Access by any person, whether authorized or not, and agrees to indemnify us for any such damage or loss.

The User agrees not to use or access any other person's account for any reason.

The User agrees and confirms that their use of the Platform, including the Emotional Support Services, is for personal use and that they are not using the Platform or Emotional Support Services on behalf of another person or organization.

The User agrees not to interfere with or attempt to interfere with any of our systems, services, servers, networks, or infrastructure, or with the Platform's systems, services, servers, networks, or infrastructure, including, among other things, obtaining unauthorized access to the foregoing.

The User agrees not to use the Platform to send or deliver the following: (A) unsolicited emails and/or advertising or promotion of goods and services, (B) malicious software or code, (C) illegal harassment, invasion of privacy, and abusive, threatening, vulgar, obscene, racist, or other potentially harmful content, (D) any content that infringes a third party's rights or intellectual property, (E) any content that may cause harm to a third party, (F) any content that may constitute, cause, or encourage criminal conduct or violate any applicable law.

The User agrees not to violate any applicable local, state, national, or international law, statute, ordinance, rule, regulation, or code of ethics in connection with their use of the Platform and their relationship with Providers and Us.

The User agrees to review and scan any file they may receive from Us or from a Provider, whether through the Platform or not, for any viruses or malware before opening the file.

The User will indemnify, defend, and hold us harmless from any claim, loss, cause of action, demand, liability, cost, or expense (including, without limitation, litigation and reasonable attorneys' fees and expenses) arising from or related to any of the following: (A) the User's access to or use of the Platform; (B) any action taken with the User's account or Account Access; (C) violation of any provision of this Agreement; (D) failure to pay for any service (including Emotional Support Services) provided through the Platform; (E) violation of any third-party right by the User, including, without limitation, any intellectual property, publicity, confidentiality, property, or privacy right. This clause shall survive the expiration or termination of this Agreement.

7. Fees and Payment

The User confirms and agrees that all payment information provided, and any payment information they provide in the future through the Platform, is accurate, current, and correct and will continue to be accurate, current, and correct.

The User confirms and agrees to use only payment methods (credit cards or others) that they are duly authorized to use.

The User agrees that all current and future interactions (both online and offline) between them and a Provider shall be conducted, managed, and billed through the Platform.

If, for any reason, an interaction between the User and the Provider does not take place through the Platform, the User agrees that it will still be billed through the Platform and that Platform Usage Fees will be charged and remitted to us, even if the Platform was not used for that interaction.

The User agrees to notify us immediately, including all relevant details, in any case where the User receives a service from a Provider outside the Platform or is billed directly by a Provider rather than through the Platform.

The User agrees to pay all fees and charges associated with their account in a timely manner and in accordance with the fee schedule, terms, and rates published on the Platform. Such fees and charges (including taxes and late fees, as applicable) may be charged to the User's credit card. By providing us with their credit card, the User authorizes us to bill and charge that card. The User agrees to maintain valid credit card information in their account information.

8. Credit System

Terapix operates on a credit-based economy. The User purchases credits that are consumed when booking a session.

There are two types of credits, which are not interchangeable: credits for individual sessions and credits for couples sessions. Each session consumes one credit of the corresponding type.

Credits may be purchased in two ways: (a) as a one-time package, through a single purchase of a set number of credits, or (b) through a subscription, which works as a recurring automatic charge whereby, each time a payment is processed, one credit is automatically added to the User's account.

Credits do not expire: if the User does not use the credited session within a billing period, the credit remains in their account and accumulates with credits from subsequent periods.

Credits are personal and non-transferable. Package and subscription prices are published in the Plans section of the Platform and may be modified with prior notice.

9. Session Cancellation Policy

The User may cancel or reschedule a scheduled session up to 48 hours before the agreed time without losing the corresponding credit, which is automatically returned to their account.

If the User cancels with less than 48 hours' notice or fails to attend the session, the corresponding credit is deemed fully consumed, with no possibility of refund in credits or cash.

If the therapist cancels the session or fails to attend, the credit used to book the session is automatically returned to the User's account, regardless of how much notice was given for the cancellation.

10. Refund Policy

No monetary refunds will be issued under any circumstances once credits have been purchased or a subscription has been activated.

The only refund mechanism available is the return of credits to the User's account, which applies exclusively in the cases described in Section 9 (cancellation with at least 48 hours' notice, or cancellation by the therapist).

Credits accumulated in a cancelled or inactive account do not convert to cash and do not entitle the User to any monetary compensation.

11. Subscriptions and Recurring Billing

Subscriptions work as automatic recurring charges: each time a periodic payment is processed (monthly), one credit of the subscribed type is automatically added to the User's account. The interval between charges is the expected time for the User to schedule and attend their session.

Subscriptions renew automatically at the start of each period and charge the payment method on file. The User is responsible for keeping a valid payment method on their account.

The User may cancel their subscription at any time from the Platform. Cancellation takes effect at the end of the current billing period and does not entitle the User to a refund of the amount already charged for that period.

Upon cancellation, the User keeps all unused credits in their account (which do not expire), but stops receiving new periodic credits starting with the next billing cycle.

12. Modifications, Termination, Interruption, and Changes to the Platform

The User agrees, confirms, and acknowledges that We may modify, suspend, discontinue, or alter the Platform, any part of it, or its use, whether for all clients or specifically, at any time, with or without prior notice. The User agrees and acknowledges that we will not be liable for any of the foregoing actions or for any loss or damage caused by any of the foregoing actions.

For the avoidance of doubt, we may terminate or prevent use of the Platform and any service provided by the Platform (including, among others, Emotional Support Services) at our sole discretion for any reason and for any period of time.

The Platform depends on various factors, such as software, hardware, and tools, whether owned or managed by Us and/or owned or managed by our contractors and suppliers. We do not guarantee that the Platform will be uninterrupted, secure, consistent, timely, or error-free.

13. Notices

We may provide notices or other communications to the User regarding this Agreement or any aspect of the Platform by email to the email address we have on file, by postal mail, or by posting online. The date of receipt shall be deemed the date on which such notice was given. Notices to us must be delivered by email to hola@terapixonline.com.

14. Important Notes About Our Agreement

This Agreement and our relationship with the User shall be interpreted solely in accordance with the laws of the State of Massachusetts, excluding any rule governing choice of law.

The User irrevocably agrees that the exclusive venue for any action or proceeding arising from this Agreement or our relationship with the User, regardless of theory, shall be in Boston, Massachusetts. The User irrevocably consents to the personal jurisdiction of such courts and waives any objection to the jurisdiction of such courts.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE USER AND US. THE USER CONFIRMS THAT THEY HAVE NOT BASED THEIR RELATIONSHIP ON ANY PROMISE OR REPRESENTATION NOT STATED IN THIS AGREEMENT.

We may modify this Agreement by posting changes on the Platform. Unless otherwise indicated, all modifications will be effective upon posting. Therefore, the User is advised to review the terms of this Agreement frequently. The last update date of this Agreement is posted at the end of the same. By using the Platform after changes take effect, the User agrees to be bound by such changes to the Agreement. If the User does not agree with the changes, they must cancel access to the Platform and participation in its services.

We may freely transfer or assign this Agreement or any of our obligations under it.

The paragraph headings in this Agreement are for convenience only and shall not be applied in the interpretation of this Agreement.

If any provision of this Agreement is declared illegal, invalid, unenforceable, or contrary to law by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect.

For the avoidance of doubt, all provisions relating to limitation of liability and indemnification shall survive the termination or expiration of this Agreement.