General contracting terms and conditions
DIGITAL MIND SOLUTIONS, S.L. offers the functionalities of an online platform (hereinafter, the “Platform”) through which it provides to its users (hereinafter, “User” or “Users”) an online psychology service with sector professionals (hereinafter, “Professional” o “Professionals”), allowing the Users a daily and continuous interaction. These services may be contracted online under these Terms and Conditions.
- Owner: Digital Mind Solutions S.L. (hereafter, “DMS”)
- Tax ID Number: B-87593851
- Legal address: Calle Huelva 3, 28002, Madrid (España)
- Public Register: Inscribed in the Companies House of Madrid; in volume 34901, sheet 29, General section, page number M-627653, 1ª inscription.
- Contact telephone: 913 408 565
- Email address: firstname.lastname@example.org
II. General contracting terms and conditions
Please read this document carefully. It constitutes the terms and conditions of use (hereinafter, the “General Contracting Conditions”) governing the access and use of the Platform available on the website located at the following URL “ifeelonline.com” (hereinafter, the “Website”) or by downloading its application for mobile devices available under iOS and/or Android systems (hereinafter, “the Application”).
Access to and use of the Platform implies express and unreserved acceptance of the terms of these General Contracting Conditions, having the same validity and effectiveness as any contract entered into in writing and signed.
Its observance and fulfillment will be demanded to any person who accesses or uses the Platform. If you do not agree with these General Contracting Conditions, it will be advisable that you do not use it.
1. Objet and scope of the platform
The object of these General Contracting Conditions is to regulate access to and use of the Platform. However, DMS reserves the right to modify its presentation, configuration and content, as well as the required conditions for access and/or use when necessary.
The amendments made to these General Contracting Conditions will be published in the same way as they appear by means of a communication addressed to Users indicating the date of entry into force. Access to and use of the Platform after the entry into force of amendments or changes to these General Contracting Conditions implies full and unreserved acceptance.
However, access to certain content and the use of specific services may be subject to specific conditions, which will in any case be duly displayed on the Platform. These specific conditions may replace, complete or, when applicable, modify the terms of the General Contracting Conditions of Contract. In case of contradiction, the specific conditions will prevail.
For the purposes of interpreting these General Contracting Conditions, we inform you that a person is considered as User of the Platform at the time you accept these General Contracting Conditions, being sufficient that you make use of it.
2. Access, registration and unsubscription to the platform
Access to the Platform will be made through the Website or by downloading and installing the Application for electronic devices, which can be downloaded from our Website or from the App Store or Google Play online stores.
In order to use the Platform, it will be necessary to register and start the corresponding session, for which it will be necessary to accept the present General Contracting Conditions and Privacy Policies. Otherwise, you will only be able to browse the Platform without being able to use most of its functionalities.
Access to and use of the Platform implies the User´s acceptance and compliance with the full content of these General Contracting Conditions, as well as with the instructions or recommendations indicated in each specific case through the Platform.
The User must be over eighteen (18) years of age and have sufficient capacity to acquire the obligations arising from their actions through the Platform, as well as having previously read and understood these General Contracting Conditions. Therefore, access to the Platform to minors is totally prohibited. However, in case of access to the Platform and registration by a minor, it will be presumed that access has been made with the prior and express authorization of their parents, guardians or legal representatives, notwithstanding that DMS reserves the right to make as many verifications as it deems appropriate.
In the event that you do not yet have a User account (hereinafter, the “Account”), in order to access and use the different functionalities of the Platform, it will be necessary to register and create an Account on it, following the procedure established for that purpose. For the creation of the Account, the User may opt for one of the methods set out below:
i. Complete the registration form made available on the Platform in which the following mandatory fields must be filled in: a) a nickname, b) a contact telephone, c) an e-mail address and d) a password in accordance with the rules of robustness and complexity required by DMS at any time.
The password must be personal and non-transferable, and may not be communicated to third parties, even temporarily. In any case, it will be the User responsibility the illicit use of the Platform by any illegitimate third party that uses, for this purpose, its password because of a non-diligent use or loss of it.
If it is known or suspected that the password is being used by third parties, the User must immediately change it and inform DMS through the customer service. As long as such facts are not communicated, DMS shall be exempt from any liability arising from the misuse of identifiers or passwords by third parties.
Notwithstanding the foregoing, the User may modify its password at any time, through the option enabled for this purpose in the section “Lost password?” of the Platform.
ii. Log into your Facebook account through our Platform (hereinafter the “Facebook account”).
iii. Log into your Google account through our Platform (hereinafter, the “Google Account”).
In case Users have an access code, they must enter it in the section enabled for this purpose during the registration period.
Registration to the Platform is, unless otherwise indicated, a completely free procedure, notwithstanding that for the recruitment of professional services it will be required the payment of an economic amount, as well as the eventual maintenance costs of the Platform, of which, in any case, the User will be duly informed and must accept to enjoy such services.
Regardless of the method used to register in the Platform, the data provided must be correct, since it will be the only way in which DMS will be able to interact and manage correctly the relationship with Users. In no case will DMS be responsible for the correctness of data provided in the registration, so the User will be responsible for the possible consequences, errors, and failures arising from the lack of quality of these data.
DMS shall be entitled to supervise all registration applications and, by virtue of this right, may refuse registration and/or access to the Platform, as well as to the services and functionalities offered through it, for the purposes of guaranteeing that the User meets the necessary requirements for the use of the services provided through the Platform, or if the General Contracting Conditions and applicable regulations are not complied with and/or inadequate use is made of them.
DMS’s acceptance of the registration will lead to the creation of a User account, which will be, in any case, personal and non-transferable, thus ending the registration process. In this case, the User may receive at the email address provided, an email confirmation of registration.
Users may unsubscribe from the Platform whenever they wish, by means of a written communication to DMS at the following address: email@example.com or through the communication channel set up for this purpose, indicating their e-mail address and certifying their identity.
In any case, the User may request a new registration, and DMS may not admit that registration when the provisions of the General Contracting Conditions and/or the applicable regulations are breached.
Likewise, DMS may not admit the new registration when there is a conflict or controversy pending to be resolved between the parties or when said conflict has been resolved with acknowledgement of fault or negligence of the User and/or causing damage to DMS, its collaborators and associates, or to its Users, clients or potential clients.
On the other hand, in the event that a User fails to comply with any of the stipulations contained in the General Contracting Conditions and/or in the applicable regulations, DMS shall be entitled to suspend or cancel the User’s profile automatically and without prior notice, and in no event shall such suspension or cancellation entitle the User to any compensation whatsoever. To these effects, DMS may inform and collaborate in due course with the competent police and judicial authorities if it detects any breach of current legislation or if it suspects of the commission of any crime.
3. Functioning of the platform
3.1. Professional services recruitment process
Once the registration is completed and the Platform is accessed, the User has the option to enter and confirm the subscription contracted (monthly or quarterly) and select one of the forms of payment allowed by the Platform or, when possible, designate one of the payment methods previously added. The User may, at any time, add or remove their payment methods by accessing “My account” section.
The payment methods enabled on the Platform are (i) bank card (ii) Apple Pay (iii) bank transfer.
We inform you that the payment of the amounts will be made through the payment gateway Stripe Payments Europe, Ltd, whose conditions can be consulted on the following website https://stripe.com/es/ssa, so that DMS will not, in any case, have access to the bank details provided, which, in any case, will be directly managed by financial institutions through the aforementioned payment gateway.
DMS offers the User online therapy in the processes, among others, of (i)anxiety (ii) couple (iii) depression.
At the time of the User’s registration, DMS will make available to the User a thirty (30) minute chat with a guide to explain in detail how the service works. Once the User has signed up to one of the subscriptions available on the Platform and accepted the service, he or she will have to fill in a therapy initiation questionnaire where he or she will have to answer several questions in order to obtain more information about the therapy to be received.
DMS has a period of 1 working day to analyse the information provided by the User and to connect him/her with the Professional. After this period, a chat or video call will be enabled, depending on the subscription contracted, so that the User can establish a conversation with the Professional, receiving the necessary and psychological help.
The Professional has a period of twenty-four (24) hours since the User has requested an appointment and/or initiated a conversation in the chat to answer at least one (1) time to the queries raised.
In case of a video call conversation, the Professional and the User will agree on the day and time. In the event that the User does not show up on time, he/she will be able to re-establish a new appointment only once more. When the user has to re-establish a new schedule for reasons attributable to him/her, he/she will miss the appointment with the Professional.
The characteristics of the available subscriptions are annexed to these General Contracting Conditions.
B) User Assessment
In order to create an interactive Platform, DMS encourages its Users to publish comments and ratings once the professional service has been provided and confirmed by the User.
Notwithstanding the foregoing, DMS reserves the right not to publish or delete any comments that might be considered contrary to the terms and conditions of the Platform.
An e-mail will be sent to the User through the payment gateway with the invoice issued for the different professional services provided. The Platform will not be responsible in the event that the User has provided an incorrect account.
In accordance with the provisions of Royal Legislative Decree 1619/2012, of 30 November, approving the Regulation governing invoicing obligations, the issuance of the invoices shall be understood to comply with all the obligations and requirements for issuing and making available the invoice.
With the acceptance of these General Contracting Conditions, the User expresses his/her consent to receive the Invoices electronically through the payment gateway.
D) User´s right of withdrawal
The User will lose the right of withdrawal once he/she has begun to use the DMS service in accordance with the provisions of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (“TRLGDCU”).
Notwithstanding the foregoing, it shall be understood that there may be a partial refund of 25% of the amount paid in the event that the User, once contracted the services, didn’t contact the Professional, or vice versa.
E) Renewal and reimbursement
The Subscription contracted will be automatically renewed at the end of the corresponding subscription period, unless you deactivate the automatic renewal before the end of the subscription period. The cancellation will take effect on the last day of the current subscription period. Likewise, a questionnaire will be issued to the User in order to evaluate and comment the experience of the service received.
If the User cancels his/her payment and/or terminates any of the contracts (1) after the end of the partial withdrawal period (as applicable) or (2) before the end of the current subscription period, we will not refund any subscription amounts already paid.
DMS will only reimburse the last amount paid by the User when the Professional has not provided the services in the times established in these General Conditions or when there is a technical failure in the Platform that prevents the proper provision of service. To do so, the User must contact our Customer Service. When DMS proceeds with the reimbursement, it will use the same methods that the User would have used for the payment. This refund will be 50% of the amount paid. In the case of an access code, the User will not be entitled to a refund of the amounts paid.
Likewise, in those cases in which the User accesses the Platform through a promotional code or discount, the refund will be proportional to the amount paid.
4. Platform rules of use
It is not permitted to access or use the Platform for illegal or unauthorized purposes, with or without economic ends, so the User will be solely responsible for such illegal activity. In particular, and without the following list being absolute or limitative, it is prohibited:
- To use the Platform in a way that may cause damage, interruptions, inefficiencies or defects in its operation or in the device of a third party;
- To use the Platform for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files;
- To use the Platform in a way that constitutes an infringement of the rights of DMS or any third party;
- To use the Platform to transmit or publish any material of a defamatory, offensive, racist, vulgar, denigrating, pornographic character, or obscene or threatening nature or that may cause annoyance to any person;
- To use the Platform to offer professional services that are illegal, abusive or involve activities contrary to law (such as, for example, prostitution, extortion services, theft, threats or aggression); or for which the corresponding licenses, certificates and/or qualifications are not available to perform such professional services.
- To use the Platform illegally, against good faith, morals and public order;
- To access or interact with the Platform with a fake identity, supplanting third parties or performing any other action that may lead to confusion about the identity of the origin of a message;
- To access without authorization to any section of the Platform, to other systems or networks connected to it, or to any DMS server, by means of piracy or forgery, password extraction or any other illegitimate means;
- To use the Platform to collect personal data from other Users;
- To breach, or attempt to breach security measures or authentication of the Platform, any network connected to it, or security measures or protection inherent to the content hosted on the Platform;
- To undertake any action that causes disproportionate or unnecessary saturation in the Platform infrastructure or to DMS systems or networks, as well as systems and networks connected to the Platform; or
- To introduce false data, being or not the User aware of this circumstance.
If any of the foregoing obligations are breached, DMS may take appropriate action, including deleting or blocking the User’s Account, with no possibility of compensation for any damages caused.
Likewise, in order for the Platform to be a safe environment, and to protect our Users, it is strictly prohibited to publish information or content through the Platform that:
- Can be considered as a violation in any form of the fundamental rights to honor, personal and family privacy or the image or others, especially, of minors;
- Includes photographs, images or personal data from third parties without having obtained the appropriate consent of their owners
- Violates the secrecy of communications or infringes intellectual and industrial property rights or the rules governing the protection of personal data;
- Contains any material or information that is unlawful, racist, obscene, pornographic, abusive, defamatory, deceptive, fraudulent or in any way contrary to morals o public order;
- Contains “spam” and/or links to sites unrelated to the corresponding space; or
- Includes advertising or commercial communications for the emission of messages with advertising purposes or for the capture of data with the same purpose.
If the User failures to comply any of the foregoing prohibitions, he/she will be solely responsible for any claim that may arise as a result of the infringement. Even if there is no claim from a third party, DMS reserves the right to prevent the User from accessing the Platform.
Likewise, we urge the Users that, in the event that they observe or find any information or content on the Platform that could be inappropriate or contrary to current regulations and/or to the conditions of the Platform, to immediately inform DMS through the different means available for it.
5. Intellectual and industrial property rights
DMS owns or, as the case may be, has the corresponding licenses on the exploitation rights of intellectual and industrial property of the Platform, as well as of all contents offered through it, included but not limited to, the Platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content available through it.
The access and use of the Platform, as well as the use or contract of the services offered through it, does not imply a waiver, transmission, license or total or partial transfer of these rights by DMS. By accessing the Platform, the User acquires a right to use the contents, services and/or functionalities of the Platform, during the use of it, and solely for the purpose of enjoying the benefits of the service in accordance with these General Contracting Conditions.
The User may not make use of trademarks or registered trade names, or other distinctive signs, such as the trademark DMS ®, whether owned by DMS or third parties, without the consent of DMS or its legitimate owners. At no time, unless expressly stated otherwise, access to or use of the Platform or its contents grants any right over the distinctive signs included therein
DMS reserves all intellectual and industrial property rights over the contents of the Platform. Furthermore, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Platform for public or commercial purposes without the prior, express written authorization of DMS or, as the case may be, of the holder of the corresponding rights.
Likewise, it is forbidden to remove or manipulate the copyright or other credit indications that identify the holders of rights of the contents of the Platform, as well as the technical protection devices, fingerprints, or any protection mechanism or information incorporated therein. In the same way, it is not allowed to extract any type of information from the Platform by means of any programming technique.
Any content published on the Platform must respect image, intellectual property and industrial rights that may exist on them, so the user will be solely responsible for any damage and / or liability that may arise from an infringement of such rights. Likewise, by publishing content on the Platform the User authorizes us to its reproduction, distribution, transformation and public communication throughout the world and with the power of assignment to third parties.
The User shall immediately notify and inform DMS about the existence of any unlawful or illegal content, contrary to the law or which may involve an infringement of intellectual and/or industrial property rights of which he or she is aware, so that DMS may take the appropriate measures; this communication shall be sent by e-mail to firstname.lastname@example.org,
Similarly, in the event that any User or third party considers that any content of the Platform violates their intellectual property rights and / or industrial and any other rights, should send a communication to email@example.com with the following information:
- Identifying data and contact details of the claimant or its legal representative.
- Documentation accrediting its status as holder of the rights allegedly infringed.
- Detailed account of the rights allegedly infringed by DMS, as well as their exact location within the Platform.
- Express statement by the claimant declaring that the use of the content has been made without the consent of the right´s holder allegedly infringed.
6.1. Links to other websites
In the event that the Platform shows links to websites through different buttons, links, banners, etc., DMS informs you that these are directly managed by third parties, not being able to control or approve all information, content, products or services provided on other platforms to which links can be established from the Platform. Consequently, DMS will not assume any responsibility for any aspect related to any of these platforms or web pages, such as, for example, their operation, access, data, information, files, quality and reliability of their products and services, their own links and/or any of their contents in general.
In this sense, if you become aware that the activities carried out through these third-party websites are illegal or contravene morality and/or public order, you must immediately notify DMS so that it can proceed to disable the link to them.
In any case, these links do not imply that there is any relationship, collaboration or dependence between DMS and the person responsible for the application or other website.
6.2. Links on other websites redirectioning to the platform.
DMS does not authorize the establishment of a link to the Platform from those websites that contain illegal, illegal, degrading, obscene or, in general, that contravene laws, morals or public order, or generally accepted social norms.
In any case, links to the Platform may be established on other web pages, provided that they comply with the following conditions:
- The link may not reproduce the content or parts of the content of the Platform;
- It is not allowed to create a browser or a border environment on the sections of the Platform, nor can the Platform be modified in any other way;
- It is not permitted to make false, inaccurate or incorrect statements or indications about the Platform and/or, in particular, to state or imply that DMS has authorized the link or has supervised or assumed in any way the contents or services offered or made available on the website on which the link is established.;
- The web page in which the link to the Platform is established will not contain information or contents that are illicit, contrary to morality and generally accepted good customs and public order, nor will it contain contents that are contrary to any third party rights, including intellectual and industrial property rights and/or the right to honour, to personal or family privacy or to one’s own image or any other right, or contents that are contrary to the rules governing the protection of personal data.
DMS has no power or human or technical means to know, control or approve all information, content, products or services provided by other websites that have established links to the Platform. DMS assumes no responsibility for any aspect of the website that establishes that link to the Platform, specifically, by way of example and not exhaustive, on its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its content in general.
7. Responsibilities and guarantees
DMS will not be liable to the User for the content of any communications maintained with Professionals through the Platform. The Professional acts at all times on his own account and on his behalf. In this sense, DMS only establishes contact between Users and Professionals, being the latter responsible for any claim related to the communications maintained with the Users. Likewise, DMS does not guarantee at any time to fulfill the User´s expectations and satisfaction when using the Platform.
DMS will not supervise or have control over the communications between the User and the Professional, so the parties exempt DMS from any liability arising therefrom and will hold DMS harmless from any judicial or extrajudicial claim.
This Platform is only for support, so those users who require medical services should refrain from using it and contact a medical professional.
Communications between the User and the professional must keep confidential. Likewise, when the Platform becomes aware of any irregularity carried out by the User or Professional, it may at any time cancel the account and take legal actions it deems appropriate.
DMS cannot guarantee the reliability, usefulness or veracity of absolutely all the information and documentation made available through the Platform. Consequently, DMS does not warrant or take responsibility for: (i) the continuity of the contents, services and/or functionalities of the Platform; (ii) the absence of errors in the mentioned contents; (iii) the absence of viruses or other harmful components in the Platform or in the server that supplies it; (iv) the invulnerability of the Platform or the impossibility of violating the security measures adopted for it; (v) the lack of usefulness or performance of the contents of the Platform; and (vi) the damages caused, to itself or to a third party, any person who infringes the conditions, rules and instructions that DMS establishes in the Platform or through the violation of security systems of the Platform.
Notwithstanding the foregoing, DMS declares that it has taken all necessary measures, within its possibilities and the state of the art, to ensure the proper functioning of the Platform and minimizing system errors, both from the technical point of view and the content published on the Platform’s point of view, as well as to prevent the existence and transmission of viruses and other components harmful to the computer system of Users.
DMS does not guarantee the legality, reliability and usefulness of content provided by third parties through the Platform. If there is knowledge of the existence of any illegal content contrary to law or that could involve an infringement of rights of third parties, DMS must be notified immediately to take appropriate action.
Furthermore, DMS has no obligation to monitor content transmitted or supplied by third parties, except when required by law or by a competent judicial or administrative authority.
In this sense, DMS will not be responsible for the truthfulness, integrity or updating of the information published on the Platform from sources outside the Platform, nor for those contained in other platforms or websites to which it links from the Platform. DMS will not assume any responsibility for any hypothetical damages that may arise from the use of such information.
8. Customer service
As responsible for the Platform, DMS provides the Users a customer service which will offer due attention to all of their queries, complaints and suggestions in relation to the service offered through the Platform.
Customer Service can be accessed through the following contact forms:
- Telephone: 913 408 565
- E-mail address: firstname.lastname@example.org
- Address: Huelva Street, nº3, Madrid, C.P. 28002.
Customer Services will be available from Monday to Friday from 10:00 to 20:00.
Our Customer Service will respond to complaints or queries received in the shortest possible time, which, in no case, will exceed the period of one (1) month from the date on which the complaint or query was submitted.
Likewise, DMS provides the Users different channels of communication through which they may contact us in order to inform us about the existence of contents considered contrary to the law, to these General Contracting Conditions and/or violate the legitimate rights of third parties.
If you are aware of any of the above circumstances, please inform us immediately at the following address: Calle Huelva 3 duplicado Madrid 28002, email email@example.com, telephone: 913 408 565, so that we can review the content and, if appropriate, we can proceed to withdraw or disable it in the shortest time possible.
9. Requirements for providing information through our communication channels
When using any of our communication channels, the User must provide all his/her data correctly, as this will be the only way that DMS will be able to properly manage the services, as well as the relationship with the Users.
In the event that any information is sent to DMS through the channels available for this purpose, the User declares, guarantees and accepts that it has the right to do so freely, that such information does not infringe any intellectual property rights, industrial, trade secret or rights of third parties, and that such information is not confidential or harmful to third parties. Otherwise, the User shall be liable for any damages that may result from such breach.
Likewise, the User shall be solely responsible for any communication he or she personally makes or on his or her behalf to DMS. This responsibility shall include, without limitation, the accuracy, legality, originality and ownership of such communication and shall hold DMS harmless.
Under no circumstances will DMS be responsible for the veracity of the data provided by Users, so that each of these will be solely responsible for the possible consequences, errors and failures that could result from the lack of quality of data.
It is an essential requirement to be over eighteen (18) years old if you wish to send us information.
10. Platform suspension
DMS may at any time suspend, modify, restrict or interrupt, either temporarily or permanently, the access, use and/or download of the content and/or use of the services of the Platform, with or without prior notification, to those who contravene the General Contracting Conditions, without the possibility of demanding any compensation for this cause.
11. Data protection
The headings of the different clauses are only informative, and will not affect, qualify or extend the interpretation of these General Contracting Conditions. Likewise, DMS may modify the terms and conditions stipulated herein, totally or partially, publishing any change in the same form in which these General Contracting Conditions appear or through any type of communication addressed to Users.
The temporary validity of these General Contracting Conditions coincides, therefore, with the time of its exposure until it is totally or partially modified, at which time the modified General Contracting Conditions will become effective
DMS may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Platform, without the possibility for Users to demand any compensation. After such termination, the prohibitions on the use of the contents set forth above in these General Conditions of Contract shall remain in force.
In addition, if you breach these General Contracting Conditions, DMS may suspend or terminate your Account automatically and without notice, and in no event will such suspension or termination entitle you to any compensation. For these purposes, DMS informs you that it may inform and cooperate in an opportune manner with the competent police and judicial authorities if it detects any violation of the legislation in force or if it has a suspicion of the commission of any crime.
Should any provision of these General Terms and Conditions is declared null or void, in whole or in part, by any court, tribunal or competent administrative body, such nullity or void shall not affect the remaining provisions of these General Terms and Conditions.
DMS’s failure to exercise or enforce any right or provision contained in these General Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by DMS.
13. Applicable law and competent jurisdiction
The regulations in force will determine the laws that should govern and the jurisdiction that should know the relationship between DMS and Users. However, provided that such legislation provides the possibility for the parties to submit to a particular jurisdiction, for any dispute arising or related to the Platform, the Spanish applicable law at the time of litigation shall apply. Likewise, DMS and the Users, expressly waive any other jurisdiction that may correspond to them, submitting to the Courts and Tribunals of Madrid.
If you wish to make a complaint about the use of our services, you can contact us by e-mail or by writing to the address indicated in the “Identification” section, and we undertake to find an amicable solution to the conflict at all times.