Please read our terms of use carefully before using Psycare.com This document outlines the terms and conditions ("Agreement") that govern your access and use of our online platform that connects you with therapists ("Therapist Services"). This platform can be accessed through our website psycare.com and related apps ("Psycare Intellectual Property"). By using Psycare, you agree to be bound by this Agreement. Please read it carefully before using the platform. If you disagree with any term, you should not use Psycare.

Therapist Services

Psycare connects you with licensed therapists who provide therapy services through the platform. We verify the credentials of all therapists, but they are independent providers and not Psycare employees.

Here's a breakdown of therapist qualifications:

  • US-based Therapists: Must be a licensed psychologist, marriage and family therapist, licensed clinical social worker, licensed professional counselor, or similar professional with relevant experience and credentials.
  • Off-shore Therapists: Must be a licensed and experienced mental healthcare professional with relevant qualifications in their country of residence. 

Important Notes:

  • Therapy services may not be suitable for everyone or every situation. In-person therapy may be required for certain conditions.
  • Psycare is not designed for emergencies. If you are in crisis, please call emergency services.
  • Psycare is not intended for diagnosis or official documentation for purposes like court-ordered therapy. It also cannot provide advice on medication.
  • You should not disregard in-person medical care from your doctor based on information received through Psycare.

Privacy and Security

Protecting your information is important to us. You can find details about our security and privacy practices in our Privacy Policy available at psycare.com/privacy [invalid URL removed]. By using Psycare, you agree to the terms of the Privacy Policy.

Intellectual Property

Psycare, psycare.com, related apps, and all associated intellectual property rights belong to Psycare or its licensors. This Agreement does not grant you ownership of any Psycare intellectual property.

Psycare and related trademarks and logos are our property. You cannot use them without our written permission.

We grant you a limited, non-exclusive license to access and use the platform and its content for your personal, non-commercial use only.

Third-Party Content

Psycare may contain content, products, or services offered by third parties ("Third-Party Content"). We are not responsible for the creation of this content and are not liable for any damage or loss caused by it.

Disclaimer of Warranty and Limitation of Liability

YOU AGREE TO HOLD US HARMLESS FROM ANY CLAIMS ARISING FROM THE THERAPIST SERVICES OR THE PLATFORM.

Psycare is provided "as is" without any express or implied warranties. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY.

YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.

Our aggregate liability for any claims arising from this Agreement will not exceed the total amount you paid for Psycare services in the 12 months before the claim.  

Binding Arbitration

  • Exceptions to Arbitration: This Agreement does not require arbitration of individual claims brought in small claims court, sexual assault or sexual harassment claims, or claims for injunctive relief regarding intellectual property rights. Disputes related to the Federal Arbitration Act or the Dodd-Frank Wall Street Reform and Consumer Protection Act are also excluded.
  • Optional Pre-Arbitration Dispute Resolution: Before initiating arbitration, you and Psycare may attempt to resolve disputes informally for 30 days.
  • Right to Opt Out of Arbitration: You have 30 days to opt out of this Agreement by sending written notice to [email address removed] with the subject line "Arbitration Opt-Out."

Account Information and Security

You confirm you are legally able to consent to therapy services (or have a parent or guardian's consent) and can enter into a contract.

  1. Minor Consent: If you are a parent or guardian consenting to therapy services for a minor, you confirm you have the sole right to consent and do not need any other legal guardian's approval. You also agree to the Privacy Policy regarding the collection, process, and use of personal information on behalf of the minor.
  2. Accuracy and Completeness: You confirm that all information provided in or through the Platform is accurate, true, current, and complete. You agree to maintain and update this information to ensure its accuracy and completeness.
  3. Password Security: You are responsible for maintaining the confidentiality of your password and other account security information. We recommend changing your password frequently and safeguarding it carefully.
  4. Unauthorized Access: You agree to notify us immediately of any unauthorized use of your account or concerns about security breaches.
  5. Account Liability: We are not liable for losses or damages incurred due to unauthorized use of your account, even if without your knowledge or consent. You are solely responsible for all activities performed using your account.
  6. Account Misuse: You agree not to use another person's account or account access for any reason.
  7. Personal Use: Your use of the Platform and Therapist Services is for your personal use only and not on behalf of others.

 

Platform Usage and Conduct

  1. System Interference: You agree not to interfere with or disrupt our systems, services, or infrastructure, including unauthorized access.
  2. Prohibited Content: You will not post, send, or deliver:
    • Unsolicited email or advertisements
    • Malicious software or code
    • Harmful, offensive, or illegal content
    • Content that infringes on third-party rights
    • Content that may cause damage or harm
  3. Legal Compliance: You agree to comply with all applicable laws, regulations, and ethical codes in your use of the Platform and interactions with Therapists.
     
  4. Virus Protection: Before opening or using files received from us or Therapists, you agree to scan them for viruses or malicious software.

Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, losses, liabilities, costs, or expenses arising from:

  • Your access to or use of the Platform
  • Actions made with your account, whether by you or others
  • Your violation of this Agreement
  • Non-payment for services
  • Your violation of third-party rights

Payment Information

  1. Authorized Payment: You confirm that you are authorized to use the credit cards or payment methods provided.
     
  2. Accurate Payment Information: All payment information provided is accurate, current, and complete.
     
  3. Payment Obligations: You agree to pay all fees and charges associated with your account on time, as outlined in the Platform.
     
  4. Payment Authorization: By providing your payment information, you authorize us to bill you through that method.

Export Controls and Sanctions

PsyCare products are subject to U.S. and international export controls and sanctions. These laws and regulations may restrict the export, re-export, transfer, or use of our products in certain countries or to certain entities. By using our products, you agree to comply with all applicable export control laws and regulations, including the Export Administration Regulations

(EAR), International Traffic in Arms Regulations (ITAR), and sanctions imposed by the Office of Foreign Assets Control (OFAC). You represent and warrant that you are not located in a sanctioned country and are not a prohibited party under any export control laws. If you have any questions about export controls, please contact us.  

Notices

We may provide notices or other communications to you regarding this Agreement or any aspect of the 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 contact@psycare.com.

Notice to California Residents:

The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of (marriage and family therapists, clinical social workers, or professional clinical therapists). You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.

Important Notes on Our Agreement

This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of California excluding any rules governing choice of laws.

THIS IS THE ENTIRE AGREEMENT BETWEEN US; ANY PRIOR PROMISES OR REPRESENTATIONS ARE NOT PART OF THIS AGREEMENT.

All disputes arising from or related to this agreement will be resolved solely in the U.S. District Court for the Northern District of California or the state courts in Santa Clara County, California. You consent to these courts' jurisdiction and waive any objections. While Delaware law applies, your consumer rights under your country's laws remain protected.

We may update this agreement by posting changes on the platform. These changes take effect immediately unless stated otherwise. Please review the agreement regularly, as the last update date is at the bottom. Continued use of the platform after changes signify your agreement. If you disagree, you must stop using the platform.

We may transfer or assign our rights and obligations under this agreement.

The paragraph headings are for reference only and do not affect the agreement's interpretation.

If any part of this agreement is found invalid, the rest remains enforceable.

Specifically, arbitration clauses, liability limitations, and indemnification provisions will survive the termination or expiration of this agreement.

Last Updated: September 11, 2024