Terms and conditions
Altania del Mar, S.L. (“Therapyside” or “we”) is a limited liability company incorporated under Spanish law, with Tax Identification Number (NIF) B-83082347. It was incorporated for an indefinite period under the name ASLAMA 21, S.L., by deed executed before a notary on 23 August 2001, under number 199 in the notary’s register. It is registered in the Madrid Commercial Register, in volume 16,798, folio 9, section 8, page number M-286,997, entry 1. Therapyside’s contact details are as follows: registered office, Paseo de la Castellana, 259D, 50th Floor, Torre Emperador, 28046, Madrid; email address: help@therapyside.com .
What is Therapyside?
“Therapyside” is an online platform, accessible via the Therapyside website or the mobile app, owned by Therapyside (the “Platform”), which is made available to Patients from:
● the internet,
● clients of Therapyside’s partners (e.g. Personio) who are beneficiaries of those partners’ programmes (“Partner Programmes”), and
● employees of Therapyside’s corporate clients (i.e. beneficiaries of a corporate programme in which the company pays for all services for its employees or provides them with a discount code). These employees are beneficiaries of corporate programmes (“Corporate Programmes”).
The Platform is made available to the aforementioned Patients who are interested in sharing their concerns and interests with psychologists (the “Psychologists”) via the Platform in order to receive psychological support services from them, so that they may establish contact with one another and manage their professional relationship, using the communication features available on the Platform (the “Communications”). Patients and Psychologists shall be referred to collectively as the “User(s)”.
Furthermore, as part of the services offered via the Platform, Therapyside will provide Patients with an initial matching process designed to put them in touch with a Psychologist who, based on the information provided by the Patient and the criteria available at any given time, may be suited to their profile, needs and preferences. This process is of an organisational and technological nature; it does not constitute a diagnosis or clinical recommendation by Therapyside, and does not affect the Psychologist’s professional autonomy and independence.
Patients must distinguish between the services provided by Psychologists to Patients, via Communications, and the services provided by Therapyside:
1. Services are provided by Psychologists to Patients.
2. Communications are offered and provided exclusively by Psychologists, on their own behalf and in their own name, and not by Therapyside. Therapyside does not provide professional services; rather, it is a tool that facilitates therapy between Psychologists and Patients.
3. Therapyside solely and exclusively puts psychologists and patients in contact with one another, whilst also providing them with the technical means to enable such communications. Neither Therapyside nor the Platform provides medical services or other healthcare services, nor is the Platform classified as a medical device; it solely provides software services by offering a technological communication platform through which a Patient may contact a Psychologist to receive services from them. Any service provided through the use of the Platform, such as therapy services, is provided exclusively by Psychologists, who must hold the appropriate licences to provide such services.
Consequently, only the Psychologists are liable for any claims made by Patients or third parties in relation to the Communications or the Psychologists’ conduct in general. Therapyside is therefore entirely uninvolved in the provision of the Communications by the Psychologists or in their conduct. The Psychologists provide their services with complete autonomy and independence.
The platform may not be used for any medical activity, nor for the diagnosis, treatment or monitoring of psychological conditions or problems that require qualifications not held by psychologists or that necessitate face-to-face therapy. The online contact for psychological counselling offered through the Communications is in no way equivalent to or a substitute for face-to-face therapy. Where face-to-face therapy is necessary, the Patient and the Psychologist must refrain from using the Platform.
Therefore, THE COMMUNICATIONS ARE NOT INTENDED FOR MEDICAL DIAGNOSIS, THE PRESCRIPTION OF MEDICATION, OR THE PROVISION OF PSYCHOLOGICAL SERVICES REQUIRING FACE-TO-FACE CONTACT BETWEEN THE PATIENT AND THE PSYCHOLOGIST. IF YOU ARE SEEKING OR REQUIRE THIS TYPE OF MEDICAL OR PSYCHOLOGICAL CARE THAT REQUIRES FACE-TO-FACE CONTACT (FOR EXAMPLE, IF YOU BELIEVE YOUR MENTAL OR PHYSICAL HEALTH IS AT RISK, IF YOU ARE CONTEMPLATING SUICIDE, OR IF YOU MAY ACT IN A WAY THAT PUTS YOUR HEALTH OR THAT OF OTHERS AT RISK, OR IF YOU BELIEVE ANYONE ELSE MAY BE IN DANGER; OR IF YOU ARE EXPERIENCING A MEDICAL, PSYCHOLOGICAL OR PSYCHIATRIC EMERGENCY) YOU MUST REFRAIN FROM USING THE PLATFORM AND IMMEDIATELY CONTACT A MEDICAL CENTRE OR AN EMERGENCY SERVICE.
To use the Platform, Users must be aged 14 or over and have the consent of their parents or guardians, or be of legal age and have full legal capacity. Use of the Platform by persons under the age of 14 is expressly prohibited.
Users expressly undertake to make appropriate use of the Communications and the Platform. In particular, they undertake to:
1. Use the Platform in their own name and on their own behalf, under their full and sole responsibility and for personal purposes.
2. Not to use them for profit, promotional or commercial purposes, whether by promoting their own business or services or by causing harm to those of third parties, without prejudice to the professional practice of Psychologists within the framework of current legislation.
3. Not to archive, download, reproduce, distribute, modify, display, perform, publish, licence, create derivative works, offer for sale, or (except as expressly authorised in these Legal Terms) use any content or information contained in the Platform’s service or obtained through or on it.
4. Not to disseminate content that is criminal, violent, pornographic, racist, xenophobic, offensive, that promotes terrorism or, in general, is contrary to the law or public order.
5. Not to introduce computer viruses into the network or carry out any actions likely to alter, damage, interrupt or cause errors or damage to the electronic documents, data or physical and logical systems of Therapyside or third parties; nor must you hinder other Users’ access to the website and its services by making excessive use of the IT resources through which Therapyside provides its services. Furthermore, you agree not to upload, publish, email or transmit by any other means any material designed to disrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment associated with the service provided via the Platform, such as computer viruses or other computer codes, files or programmes. We may terminate or restrict your use of the service if you breach these Legal Terms or if you engage in any unlawful or fraudulent use of the service.
6. Not attempt to access other Users’ accounts or restricted areas of Therapyside’s or third parties’ computer systems, nor, where applicable, extract information.
7. Not to infringe the rights to privacy, image, honour, data protection, intellectual or industrial property, nor breach the confidentiality of Therapyside’s or Users’ information. In particular, the content of Communications must remain confidential to the Psychologists, who shall maintain the utmost confidentiality in respect of such content, adopting the appropriate security measures.
8. Not to impersonate other Users, public authorities or any third party.
9. To not reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the content available on the Platform or on any of the portals and mobile applications, unless you have the authorisation of the holder of the relevant rights or this is legally permitted.
10. To not collect data for advertising purposes and do not send advertising or communications for sales or other commercial purposes without prior request or consent. All content on the Platform and in the mobile application, such as text, photographs, graphics, images, icons, technology and software, as well as its graphic design and source codes, constitutes a work owned by Therapyside; none of the rights to exploit such content shall be deemed to have been transferred to the User beyond what is strictly necessary for the proper use of the Platform.
Likewise, all trade marks, trade names or distinctive signs of any kind appearing on the Platform or on any of the portals and mobile applications owned by Therapyside (or by third parties with whom it has agreements) shall not be construed as conferring upon the User any rights whatsoever in respect of them. The distribution, modification, transfer or public communication of the content, and any other act not expressly authorised by the holder of the exploitation rights, is prohibited.
Acceptance of the Legal Terms and Conditions
The mere use of the Platform automatically implies the User’s full and unreserved acceptance of each and every one of these Legal Terms in the version published by Therapyside from time to time. Consequently, the User must read the Legal Terms periodically to keep abreast of any changes, which may not necessarily be notified.
In addition to these Legal Terms and Conditions, any other general and/or specific terms and conditions to which Users agree in relation to the use of certain resources and/or content made available to them on the website or in the mobile app shall apply. Should there be a conflict between these Legal Terms and other terms specified for a particular area or service of the Platform, the latter shall prevail in relation to the use of or access to that area or service of the Platform. Furthermore, in the event of a contradiction between any specific and general terms, the specific terms shall prevail.
The set of terms and conditions resulting from the Legal Terms and the various general and specific terms and conditions applicable to each User in relation to the service shall be referred to as the “Contractual Relationship”.
Registration
Registration on the Platform via the website or the mobile app is required in order to receive the Communications service and, where applicable, to browse and use certain features in the various sections of the website or the mobile app. Specifically, Patients may register using an email address and password.
The collection, processing and purpose of the use of personal data shall be governed by the relevant provisions set out in these Legal Terms and Conditions, as well as in the Platform’s Data Protection Policy and the Cookies Policy. Furthermore, Patients’ personal data will be processed by the Psychologists for the purposes set out in the document ‘Informed Consent and Privacy Policy’, which the Psychologist will share with the Patient once the provision of services has commenced. It shall be understood and presumed that the personal data provided by Patients in order to use the Communications services has been entered directly by the Patient, and that, therefore, the Patient shall be solely responsible for its accuracy or inaccuracy.
Furthermore, Therapyside may, where appropriate, enable other means of registration, in which case Patients must bear in mind whether registration is carried out directly on the Platform via the means determined by Therapyside at any given time (for example, by completing the form provided on the website or by answering the questions asked for this purpose by telephone or email) or via third-party platforms, in which case, you must take into account the legal and privacy terms applicable to such platforms, for the operation of which Therapyside is not responsible.
To use the Platform hosted on the website or its mobile app, you must have internet access and a compatible device.
Therapyside’s neutral stance and disclaimer of liability in relation to Communications
With regard to Communications, Therapyside acts solely as an intermediary service provider for the hosting of and linking to content (primarily, Communications).
Therapyside exercises no control or supervision over the content of Communications. In this regard, Therapyside is under no obligation to review content uploaded or published on the Platform by Users, including Communications. Content uploaded or published by Users, including Communications, is created, hosted and shared by Users. Consequently, Therapyside accepts no liability whatsoever in respect of such content. The provisions of this paragraph shall be understood without prejudice to the content detection and removal procedures set out below.
The Psychologist shall be solely responsible for the services they provide to Patients; neither the Platform nor Therapyside provides any services relating to diagnosis, prevention, monitoring, prediction, prognosis or treatment. The Psychologist assumes full responsibility for the guidelines, comments, recommendations and, in general, any type of advice they provide to Patients whilst providing their services. Any information entered by the Patient must be assessed by the Psychologist, and under no circumstances shall the Platform substitute for or alter the Psychologist’s professional judgement and/or experience.
Users release Therapyside from any liability in relation to their participation in Communications or the use of content created by other Users, including any act or omission on the part of Psychologists or Patients. Neither Therapyside nor the Platform makes any representation or gives any guarantee regarding any content or the Communications.
The relationship between the Patient and the Psychologist is direct and exclusive to them, with no involvement whatsoever from Therapyside, which neither validates nor monitors the Communications or any other services provided by Psychologists to Patients. Therefore, Patients and Psychologists must maintain the appropriate level of care, attention and diligence. Furthermore, given that the purpose of the Platform is not to offer or provide medical services or advice, the Patient must consult medical professionals, and not the Platform, should they require such services or for any mental, psychiatric or physical condition. The Psychologist’s advice is not, and cannot be, equivalent to or a substitute for medical advice. Finally, as a patient, you must be aware that the services offered by Psychologists via Communications are neither a substitute for nor, in any case, equivalent to a face-to-face session with a Psychologist. You must weigh up the advantages and disadvantages of using an online platform via Communications to obtain the services of Psychologists and decide whether or not they meet your needs.
Therapyside is under no obligation to verify the credentials, qualifications or quality of the Psychologists or of the services they provide to Patients, although Psychologists must provide Therapyside with certain information required for their registration. Psychologists are not employees, collaborators or representatives of Therapyside, but are independent service providers who solely use the Platform to provide their professional services to Patients and receive payment in return. Patients are, therefore, clients of the psychologist, paying them a fee directly, after which the professional issues the corresponding invoice for the services provided. Each patient must manage their relationship with psychologists independently and at their own discretion.
Users accept that any legal action or claim for civil liability they may seek to bring in respect of acts or omissions by Psychologists, Patients or third parties must be directed exclusively against those parties and not against Therapyside. Both the Psychologist and the Patient shall indemnify and hold Therapyside harmless from any damage or loss resulting from a claim, whether judicial or extrajudicial, made by a Patient, a Psychologist or a third party for any reason relating to their conduct on the Platform. In addition to Therapyside, the beneficiaries of the aforementioned obligation to indemnify shall include its affiliated entities, subsidiaries and their directors, employees, collaborators and agents. The obligation to indemnify shall include the costs of legal representation and assistance, as well as other legal or procedural costs.
Notwithstanding the foregoing, Users may and must report any irregularity or breach they detect in relation to other Users. In such a case, Therapyside may:
1. Remove, cancel and/or report to the competent authorities any acts, omissions or content of Users in the event that they contravene the Contractual Relationship, the law or the rights of third parties, including intellectual property rights, industrial property rights, image rights, the right to privacy and the right to honour. This shall include the power to disclose to the competent authorities and to third parties who can demonstrate a legitimate, legally protected interest the identification details (and any other legally relevant information) of Users reasonably believed to be responsible for the reported infringements, in accordance with personal data protection regulations.
2. To cancel the account of any User who has committed such acts or omissions or who is responsible for such content.
3. Therapyside reserves the right to retain or reinstate the content or an account if it is demonstrated that the report was false or abusive; and the right to cancel the account of the User who made the abusive report or to take any other appropriate action.
Therapyside may, at its sole discretion, take such measures as it deems appropriate to ensure the optimal functioning of the Platform and the greatest satisfaction of Users, including the establishment of restrictions, barriers or automated measures to prevent conduct contrary to the Legal Terms and Conditions, without this implying any assumption of liability for such measures.
Complaints must be submitted, with the complainant assuming full responsibility and undertaking that the information provided is accurate and truthful, and must include the following details: (i) personal details enabling the complainant to be identified and contacted; and (ii) a description of the alleged unlawful activity carried out on the Platform and the grounds for the complaint, including, where applicable, details of the rights infringed and the infringing acts, as well as their location on the Platform. These notifications must be sent to help@therapyside.com and must be marked: “User Complaint”.
Therapyside may, at its discretion, make other mechanisms available to Users for submitting such notifications.
Exclusion of liabilities and warranties in relation to the provision of the Platform
In relation to the service provided by Therapyside (namely, making the Platform available to facilitate contact between Patients and Psychologists) – which is distinct from the services provided by Psychologists to Patients – Therapyside assumes only the contractual obligations set out in these Legal Terms and Conditions and makes no warranty whatsoever to Patients.
In particular, Therapyside accepts no liability for, amongst other things:
1. The acts or omissions of the Psychologists, who are solely responsible for them. In this regard, you should review the warnings set out in section 3 of these Legal Terms and Conditions.
2. The correct, continuous or uninterrupted operation of the website and/or the mobile app, which Therapyside may cease at any time at its discretion, without prejudice to compliance with contractual commitments specifically undertaken in return for financial consideration and under specific terms and conditions other than these Legal Terms and Conditions. Similarly, Therapyside does not guarantee the compatibility of the website and/or the mobile app with Users’ access devices, whether these be computers, browsers, mobile devices or other types of devices.
3. The accuracy of advertisements or sponsored content on the website and/or the mobile app, for which the advertiser or sponsor is responsible.
4. The suitability of the Platform to Users’ needs or expectations.
5. The level of satisfaction, quality of life, profit or return, or the absence of loss or damage resulting from the use of the Platform.
6. The truthfulness, accuracy and validity of the data relating to Users.
7. The solvency, technical, commercial, moral or financial reliability of Users.
8. The lawfulness, accuracy, truthfulness and validity of statements made by Users in Communications or on the website and/or mobile app.
9. The conclusion, successful completion or validity of contracts or agreements entered into between Patients and Psychologists.
10. The proper storage, preservation (or lack thereof) or loss of Users’ content or statements in Communications or on the Platform.
11. The inability to access the website, or the existence of faults and defects of any kind in the content transmitted, disseminated, stored or made available, or accessed via the website and/or mobile app, or in the services offered.
12. The presence of viruses or other elements in the content that may cause alterations to Users’ computer systems, electronic documents or data.
13. Any breach of the law, good faith, public order, accepted commercial practices and this legal notice resulting from the improper use of the Platform. In particular, and by way of example, Therapyside accepts no liability for the actions of third parties that infringe intellectual and industrial property rights, trade secrets, rights to honour, personal and family privacy and personal image, the protection of personal data, or regulations governing unfair competition and unlawful advertising.
14. Any liability regarding information found outside the Platform (i.e., the website or the mobile app). The sole purpose of the links appearing on the Platform is to inform the User of the existence of other sources that may supplement the content offered through the Platform. Nor is the functioning or accessibility of the linked sites guaranteed; Therapyside neither suggests, invites nor recommends visiting them, and therefore shall not be liable for any results obtained.
15. Therapyside accepts no responsibility for hyperlinks established by third parties. The establishment of a hyperlink does not in any way imply the existence of a relationship between Therapyside and the owner of the website on which it is established, nor does it imply Therapyside’s acceptance or approval of that website’s content or services. Any person wishing to establish a hyperlink must first seek written authorisation from Therapyside. In any event, the hyperlink shall only allow access to the home page of the website or the mobile application. You must refrain from making false, inaccurate or incorrect statements or indications regarding Therapyside, the Platform or any element derived therefrom, or from including content that is unlawful, contrary to public decency or public order.
16. Therapyside accepts no liability for the use that any User makes of the materials made available on the website and in the mobile app, nor for any actions taken on the basis of such materials.
17. THE SERVICES AND INFORMATION CONTAINED ON THE PLATFORM FOR WHICH THERAPYSIDE IS THE PROVIDER (THAT IS, OTHER THAN THE COMMUNICATIONS) ARE PROVIDED ‘AS IS’, ‘AS AVAILABLE’ AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY EXCLUDED. THERAPYSIDE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND PARTNERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT A SPECIFIC TIME OR ON A SPECIFIC WEB PAGE; (II) DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE CONTENT OR SOFTWARE AVAILABLE ON, OR THROUGH, THE SERVICES IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU SHOULD BE AWARE THAT YOU USE THE SERVICES AT YOUR OWN RISK.
Fees payable to the Psychologists for the Communications and to Therapyside for the provision of the Platform.
The fee for therapy services (the Communications) will be paid directly by Patients to the Psychologists and will depend on the plan subscribed to and selected by the Patient.
Therapyside does not charge Patients for making the Platform available so that they can explore the services offered by Psychologists. However, Therapyside may charge Patients for certain intermediary services it provides (for example, processing fees for changes to subscription plans). In such cases, the Patient will be duly informed in advance.
Payment for the services provided by the psychologist will be made via the payment system or gateway. Therapyside provides a link to the payment gateway for these payments to be made; however, the amounts are not paid to Therapyside, nor does Therapyside manage payments from patients to psychologists. In all cases, payment of the relevant fee within the agreed timeframe via the payment gateway discharges the Patient from any further liability. This means that once the Patient has made the relevant payment for the Communications, the Psychologist may not demand any further payment from the Patient for those services. Similarly, in cases where Patients are beneficiaries of Corporate Programmes (where companies pay for the full cost of the services) or Therapyside Partner Programmes, payment by the client company or Therapyside partner discharges those companies or partners from any further liability.
The cost of the Psychologists’ services will be charged to Patients, or in the case of Patients covered by Corporate Programmes or Partner Programmes, to the Companies and/or Partners, at the frequency applicable to the chosen plan and on an ongoing basis from the date of subscription, unless cancellation is made in accordance with these Legal Terms prior to the plan’s renewal date. The date of the charge may change (for example, if the payment method has not been set up correctly or if the subscription began on a date not included in the relevant billing period).
The payment system or gateway will be indicated on the Platform at all times and will be operated by a third party which, vis-à-vis the Patient, shall be solely responsible for its operation and for the processing of the Patient’s payment details (regardless of whether or not the gateway is accessible from the Platform). Please read that third party’s terms and conditions before agreeing to use their payment system. In any event, its use will require an accepted, valid, legitimate and current payment method. You can view and amend the specific details of your subscription and payment method on the Platform by visiting our website or via our “Therapyside” app, and by clicking on the “My Subscription” link available in the account settings section. Please bear in mind that the issuer of certain payment methods may charge a foreign currency transaction fee or other charges. Please check with your payment provider for details.
Failure to make any payment due, for whatever reason (including insolvency, expiry, insufficient funds or any other reason), will result in Therapyside suspending your access to the Platform and/or the Communications until a valid payment method is provided.
The Patient may cancel their subscription at any time and will continue to have access to the Platform and/or the Communications until the end of the billing period. If the Patient wishes to withdraw their consent given to the Psychologist in order to terminate therapy sessions and the Communications, they must notify the Psychologist or write to the following address: help@therapyside.com . If the Patient wishes to cancel their subscription for the service, they may do so in the ‘My Subscription’ section, available in the account settings on the Platform; and if they wish to cancel their account entirely (which will prevent them from accessing it again), they may do so in the ‘My Account’ section, also via the account settings.
If the Patient signed up using their account with a third party (either entirely or even just for payment purposes) and wishes to cancel their subscription on the Platform, they may need to do so via that third party. For example, they may need to visit their account with the relevant third party and disable automatic renewal of the service, or unsubscribe from it, via that third party. In such cases, please check with the third party before managing your subscription via that account.
Specific Terms and Conditions for Promotions and Discounts
Therapyside reserves the right to freely offer any promotions or discounts on such terms and conditions as it deems appropriate at any time, and reserves the right to amend these Terms, in whole or in part, at any time.
A. Trial session
The Psychologist may offer the Patient an initial trial week, during which a first session will be provided free of charge. During this trial week, the Patient may freely cancel their subscription at no cost; however, if the Patient does not express their wish to discontinue the service or attends further sessions with the Psychologist, it will be understood that the Patient wishes to continue with the plan initially selected and, where applicable, agrees to automatic renewal.
B. Refer a friend
All Patients, except those participating in Corporate Programmes or Partner Programmes, have a personal discount code which they can share with others so that they can register on the Platform. Each time a new Patient registers for the service for the first time using a Patient’s discount code, both the new Patient and the Patient whose code was used will receive a discount. New Patients will benefit from a 20% discount on their first subscription and, following the purchase, the Patient whose code was used will be eligible for a 20% discount on their next subscription.
C. Invite a professional colleague
Psychologists on the platform have a personal code which they can share with new patients and with new psychologists who do not yet use the platform. Whenever a new patient registers for the first time using the psychologist’s discount code, the new patient will receive a 20% discount on their first subscription.
Furthermore, if the code is shared with a fellow professional, the psychologist sharing their personal or referral code will be eligible for a discount on their subscription fees. The terms and conditions of the referral code are set out on the platform’s support page.
D. Other Promotions
Patients, with the exception of those participating in Corporate Programmes or Partner Programmes, may benefit from additional promotions on their first subscription (e.g. discount codes) agreed between Therapyside and other organisations.
Gift Card
Therapyside gift cards can be found on the website, in the Gift Card section. They consist of an activation code which can be found in the downloadable gift card and/or in the confirmation email sent to the card recipient once the purchaser has bought it.
The Therapyside Gift Card is valid for 1 year from the date of purchase. The expiry date is stated in the purchase confirmation email and in the email sent to the recipient.
The Therapyside Gift Card can only be redeemed for the plan specified by the purchaser (weekly or monthly). Refunds are not permitted at the recipient’s request. However, the purchaser of the Gift Card has one month from the date of purchase to request a refund.
In the event of loss or theft of your Therapyside Gift Card, provided it has not been used in the meantime, you may contact Help Therapyside and request that the lost or stolen Therapyside Gift Card be replaced with one of equal value at no additional cost. The new Gift Card will be sent to the recipient and/or the purchaser by email.
The recipient and/or purchaser must take appropriate measures to safeguard and protect their activation code, which can be found in the Gift Card download and/or in the confirmation email sent to the recipient. Therapyside shall not be liable in the event of public disclosure and/or dissemination of such confidential information.
Therapyside reserves the right not to process any claim from a recipient who has purchased their Gift Card outside the authorised distribution network, particularly in the case of a purchase from a private individual or on an unofficial website.
Any claim or request for information, particularly regarding the purchase, refund, redemption or operation of Therapyside Gift Cards, must be addressed to Therapyside via our website, under the ‘Contact’ section.
Use of the Gift Card by the person redeeming the Therapyside Gift Card implies acceptance of these general terms and conditions of use.
Therapyside reserves the right to amend these General Terms and Conditions at any time, on the understanding that such amendments shall not apply to Gift Cards used prior to the amendment of these General Terms and Conditions. The previous General Terms and Conditions shall apply to Gift Cards used prior to the latest amendment to the General Terms and Conditions.
Password and account access
Users who have created an account on the Platform via the website (www.therapyside.com) or the mobile app must maintain control over it and prevent access by third parties. To this end, Users must not disclose to anyone their password, account details or associated payment method details (for example, the last four digits of their credit or debit card, or their email address).
Users must be wary of any communication asking them to provide details of their credit card, payment method or, more generally, their account, as this may result in identity theft and other financial losses. You must always access your information directly via any of the linked websites or the official mobile app, and not via a hyperlink in an email or any other electronic communication, even if it appears to be official. We may cancel or block your account for security reasons.
Therapyside’s intellectual and industrial property rights and those relating to content provided by the User
Therapyside is the owner or, where applicable, holds the relevant licences for the intellectual and industrial property rights relating to the “Therapyside” Platform and any of the websites or mobile applications linked to it.
Under no circumstances shall access to, browsing of, or use of the Platform, web portals or mobile application be construed as implying any waiver, transfer, licence or total or partial assignment of such rights by Therapyside. Users have the right to use the content and/or services of the Platform strictly within the terms set out in these Legal Terms and Conditions.
References to registered trade marks or trade names, or other distinctive signs, whether owned by Therapyside or by third-party companies, imply a prohibition on their use without the consent of Therapyside or their legitimate owners.
All intellectual and industrial property rights relating to the content and/or services of the Platform on the linked website (www.therapyside.com) and the mobile application are reserved; in particular, it is prohibited to modify, copy, reproduce, publicly communicate, adapt or distribute, by any means and in any form, all or part of its content without the prior, express and written authorisation of Therapyside or, where applicable, the relevant rights holder.
In the event that the User sends, uploads or publishes information or content of any kind on the website or in the mobile application (including via Communications), they declare, warrant and agree that they are free to do so, that such information does not infringe any intellectual property rights, industrial property rights, trade secrets or any other rights of third parties, and that such information is neither confidential nor harmful to third parties. The User assumes full responsibility for these acts and shall hold Therapyside harmless from any damage or loss suffered as a direct or indirect result thereof.
Any content that the User uploads or publishes on the website and mobile app, other than that exchanged via the Communications, shall be referred to as “User Content”. Generally speaking, Therapyside does not “use” User Content. Therapyside merely provides the technical means to enable Users to create, host, make available, use and access such content. However, in certain circumstances and jurisdictions, it may be necessary or advisable for Therapyside to hold a licence in order to provide the Services (hereinafter, the “Use for the Provision of the Service”). Accordingly, the User authorises Therapyside to use, worldwide and for the entire term of protection of such rights, all intellectual property rights (including those relating to reproduction, distribution, public communication or adaptation), industrial property rights, image rights or any other rights relating to User Content in any known medium (the “Licence for the Provision of the Service”). The Licence for the Provision of the Service shall include, where necessary or appropriate for this purpose, Therapyside’s right to create and exploit, to the same extent as set out in this paragraph, derivative works of the User Content. Notwithstanding the foregoing, Therapyside may use User Content for the sole purpose of demonstrating the Platform’s functionality in order to promote it, improve it or adapt it to Users’ trends or preferences, and generally to develop its business (the “Own Use”).
To the extent necessary or appropriate to carry out the Own Use, the User authorises Therapyside to exploit, worldwide and for the entire term of protection of such rights, all intellectual property rights (including those relating to reproduction, distribution, public communication or adaptation), industrial property rights, image rights or any other rights relating to the User Content provided by the User in any known format (the “Licence for Own Use” and, together with the Licence for the Provision of the Service, the “Licences”). The Licence for Own Use shall include Therapyside’s right to create and exploit, to the same extent as set out in this paragraph, derivative works of the User Content. This right granted to Therapyside is non-exclusive, irrevocable, royalty-free, universal and fully sub-licensable. The Licence for the Provision of the Service also includes the right (but not the obligation) to retain a backup copy of such User Content in order to demonstrate compliance with the legal obligations of Therapyside or a User, or to cooperate with public authorities for a maximum period corresponding to the limitation period for such legal obligations. The termination of the User’s account or the removal of User Content shall not affect the Licence for Own Use, which may be exercised for the entire legal duration of the rights relating thereto, subject always to the possibility of expressly revoking authorisation in respect of those strictly personal rights where the law provides for such a possibility (such as the User’s right to their own image). The User warrants to Therapyside that they hold the necessary rights to grant the Licences and that the use of intellectual property rights, industrial property rights, image rights or any other relevant rights in accordance with the provisions herein does not constitute a legal infringement, nor does it infringe the rights of any third party of any kind, nor does it breach any obligations owed to third parties, nor does it constitute unfair competition. In the event of any doubt regarding the lawfulness of the use of such User Content on the Platform, the websites linked to it and on the mobile application, Therapyside recommends that Users refrain from using it.
Artificial Intelligence Tools
The Platform incorporates artificial intelligence tools (hereinafter, “AI Tools”) currently designed to facilitate transcriptions of sessions and summaries of the information that Patients provide to Psychologists via the Platform. Patients and Psychologists acknowledge and accept that use of the App/Platform entails the data entered by the Patient for the Psychologist being processed by the AI Tool to produce session transcripts and summaries and to train said AI Tools. The Patient accepts and acknowledges that their data will be processed by these tools in accordance with the Psychologist’s privacy policy.
Under no circumstances do the AI Tools supplement, substitute, replace or modify in any way the Psychologist’s judgement and decisions. Furthermore, the AI Tools are not designed or intended to diagnose, treat, prevent or manage any illness, medical condition, pathological or psychological state. The Patient is solely responsible for entering the correct data into the Platform, and the Psychologist is solely responsible for verifying the accuracy and validity of the transcripts, summaries and information generated by the AI tools, as well as for any decisions made on the basis of such information.
With regard to session transcripts, the Patient may decide whether or not they wish to have them transcribed by selecting the relevant option on the corresponding screen. If they do not wish to have them transcribed, the Psychologist will not have access to this feature, although they may still have access to the summaries of the written information generated by the AI Tools.
The Platform will not use data from other Users nor will it combine data from different Users when producing transcriptions or summaries.
In any case, the Patient will not have access to the results of these AI Tools; rather, these features will be available solely to the Psychologist, who may use them as they see fit.
The Platform merely provides the platform and the AI Tools to Psychologists, without intervening in or influencing the clinical, diagnostic or therapeutic decisions they make. Consequently, the Platform, Therapyside, its developers and affiliates shall not be liable, either directly or indirectly, for any damage, harm, loss or claim that may arise from the use of the information processed by the AI Tools, or from any action or decision taken by the Psychologist based on such information.
Patients and Psychologists acknowledge and accept that the AI Tools provided via the Platform do not constitute a medical device and must not be used as a substitute for a professional medical diagnosis or treatment. Any information generated by these tools must be assessed and verified by the responsible Psychologist, who is the only person authorised to make diagnoses and provide treatment if they deem it necessary.
Patients agree that any claim or action arising in connection with decisions taken by Psychologists on the basis of such information must be directed exclusively against the responsible Psychologist. Therapyside and the Platform are expressly exempt from any liability towards Patients for claims, damages or losses arising from the use of the AI Tools by Users and/or Psychologists.
Data Protection
In order to access certain resources on the Platform, whether via the website or the mobile app, Patients must first provide Therapyside – which acts merely as the Platform’s administrator – and, where applicable, the Psychologists with certain personal data (the “Personal Data”). Therapyside and, where applicable, the Psychologists will process Personal Data for the purposes and under the conditions set out in their respective privacy policies: the Platform’s Data Protection Policy, the Psychologists’ Data Protection Policy and the relevant Cookies Policy.
In all cases, the User guarantees the authenticity and up-to-date nature of all data provided to Therapyside via the Platform, and the User is solely responsible for the information provided and for keeping it up to date.
Duration of the service provided via the Platform
The provision of the service is, in principle, of indefinite duration. However, Therapyside is authorised to terminate or suspend the provision of the service, in whole or in part, at any time, without prejudice to the fulfilment of any contractual commitments specifically undertaken in return for financial consideration and subject to specific terms and conditions other than these Legal Terms and Conditions. The termination of the service, in whole or in part, shall not oblige Therapyside to give prior notice to Users.
Any User may cease using the Platform at any time.
Assignment of the Contract
Neither the Patient nor the Psychologist may assign the Contractual Relationship, in whole or in part, nor the rights or obligations arising therefrom, unless prior express written authorisation has been obtained from Therapyside.
Therapyside (or whoever operates the Platform at any given time) may assign the Contractual Relationship, in whole or in part, and all or some of the rights or obligations arising therefrom to any third party of its choice, without prior authorisation from Users or prior notification to them, which shall entail the possibility of transferring the relevant Personal Data to that third party for the exercise of those rights or the fulfilment of the Contractual Relationships into which that third party is subrogated as a result of the assignment, within the scope set out in the published Data Protection and Cookies Policy.
Communications
All communications between the parties must be made in writing, whether by post, fax, chat or email, sent, in the case of Therapyside, to the addresses indicated in the Legal Terms and Conditions. In the case of the User, communications may be made to the contact details provided by the User and also by publishing a notice in the form of a banner or other means to notify of certain changes. Communications sent by letter with acknowledgement of receipt, and those sent by telegram, fax, chat or email, shall be deemed to have been duly delivered and received where proof of receipt can be provided. Any communication sent to the addresses provided by Users shall be deemed to have been correctly delivered, unless they have previously notified Therapyside of a change of address at least 15 working days in advance.
Amendment of the Contractual Relationship
Users acknowledge that Therapyside may amend these Legal Terms and the Contractual Relationship at any time without the need to inform them. Users must periodically consult the Legal Terms to familiarise themselves with the version applicable at any given time.
Miscellaneous
These Legal Terms and Conditions constitute the express agreement between the parties in relation to their subject matter and supersede any verbal or written agreements reached in this regard prior to their acceptance by the User.
In the event of any discrepancy between the versions of the Legal Terms, the Data Protection and Cookies Policy and any other documentation in the various languages in which they have been provided by Therapyside, the Spanish version shall prevail, provided that this is legally possible.
Should any provision contained in these Legal Terms be declared null and void or invalid, this shall not affect the validity and enforceability of the remaining provisions, which shall be interpreted and applied in the lawful manner closest to that which would have resulted from the application of the void provision.
A waiver by either party of the other party’s compliance with any provision of these Legal Terms shall not constitute a waiver of the right to claim compliance with the remaining provisions of these Legal Terms or with any other obligation. Nor shall any delay or omission on the part of either party in exercising any right to which it is entitled under these Legal Terms constitute a waiver of that right.
Governing Law and Jurisdiction
The Contractual Relationship shall be governed by Spanish law.
Except in the case of consumers, including Users who are classified as such, who shall be subject to the provisions of the applicable law, the Users and Therapyside submit, waiving any other jurisdiction to which they may be entitled, to the courts and tribunals of the city of Madrid (Spain) in relation to any dispute concerning the validity, effectiveness, compliance, interpretation, enforcement or any other matter relating to the Contractual Relationship.
Digital Services Act (DSA)
In accordance with Article 24(2) of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a single market for digital services and amending Directive 2000/31/EC (DSA), online platforms must publish information on the monthly average number of active service recipients in the European Union (EU), to be determined in accordance with Recital 77 of the DSA. On this basis, our monthly average of active service recipients in the EU, based on the period from 1 August 2022 to 31 January 2023, is 152,206.