Terms and Conditions
Latest update: 2022-03-01
These Terms and Conditions outline the rules and regulations for the use of this Mindletic's App. You must use the App only in compliance with these Terms and Conditions. By accessing this App you accept these Terms and Conditions. Do not continue to use Mindletic's App if you do not accept all of the Terms and Conditions stated here. Your acceptance of the Terms and Conditions means that you have entered into an enforceable legal agreement with our Company. Any additional requirements provided on our App form part of these Terms and Conditions and apply to your use of this App. Such additional requirements may include, without being limited to, rules of conduct applicable to use of App’s community rooms, or guidelines applicable to scheduled consultations with Professional consultants. Your breach of any such additional requirements shall be considered breach of the Terms and Conditions.
1.1. The following terminology applies to these Terms and Conditions:
1.1.1. "Client", "You" and "Your" refers to you, the person who uses this App for personal (non-business related) purposes and must comply with the Terms and Conditions.
1.1.2. “Mindletic”, "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company UAB Emocinis balansas (reg.nr. 305553328), address: Kaunas, I. Kanto g. 2-3, Lithuania, e-mail address: firstname.lastname@example.org
1.1.3. "Party", "Parties", or "Us", refers to both the Client and Ourselves.
1.1.4. “App” means this Mindletic mobile app.
1.1.5. “Content” means messages, pictures, video, audio, website addresses or any other information posted or in any other way shared on the App.
1.1.6. “Professional consultant” means a consultant which the Client has scheduled a consultation with via use of the App, and which is compliant with and acting in accordance with the laws and rules applicable in the Republic of Lithuania.
1.1.7. "App Provider" means the distribution platform (Apple App Store or Google Play Store) that you used to download the App.
1.2. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
2. Accessing the App
2.1. To access and use the App, you will need a supported device with Internet access that runs compatible software and can access Google Play Store or Apple App Store. You are solely responsible for procuring a compatible device and connectivity required to use the App. Mindletic shall not be responsible for any incompatibility issues or any failure to access the App.
2.2. Scheduling and participating in one-on-one professional consultations (as further described in section titled “Consultations with professionals”) shall be conducted via the App. This functionality requires a compatible device that supports video and audio capabilities, and for you to grant us relevant permissions.
3.1. Parts of the App offer an opportunity for users to post messages and exchange opinions and information in certain areas of the App. Mindletic does not filter, edit, publish or review Content prior to their presence on the App’s community rooms or any area in the App where the Content is posted.
3.2. Notwithstanding the above, Mindletic may overview the Content from time to time and holds the right to delete any Content which is posted in violation of these Terms and Conditions or applicable law.
3.3. Content provided by the anonymous participants at App’s community rooms does not reflect the views and opinions of Mindletic, its agents and/or affiliates. Content reflects the views and opinions of the person who posts their views and opinions.
3.4. To the extent permitted by applicable laws, Mindletic shall not be liable for the Content or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Content on the App.
3.5. You, as user of the App, take sole responsibility for any Content you post. You undertake to indemnify the Company against any claims, requests, losses, or any other negative consequences which are a result of Content you share by using our App.
3.6. Mindletic reserves the right to monitor Content and to remove any Content which can be considered inappropriate, offensive, harmful or causes breach of these Terms and Conditions.
3.7. You warrant and represent that:
3.7.1. You are entitled to post Content on our App and have all necessary licenses and consents to do so;
3.7.2. The Content does not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
3.7.3. The Content does not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material;
3.7.4. The Content will not be used to solicit or promote business or custom or present commercial activities or unlawful activity;
3.7.5. The Content or any other content must be respectful, non-derogatory, non-harmful and should otherwise conform with applicable law.
4.1. Unless otherwise stated, Mindletic and/or its licensors own the intellectual property rights for all material and Content on the App. All intellectual property rights are reserved. You may access this App strictly only for your own personal use subject to restrictions set in applicable law.
4.2. You must particularly not:
4.2.1. Republish or redistribute material and Content from the App;
4.2.2. Sell, rent or sub-license material and Content from the App;
4.2.3. Reproduce, duplicate or copy material from the App;
4.2.4. Attempt to, or assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components that protect, obfuscate or otherwise restrict access to any Content or the App.
5. License granted to us
5.1. By posting Content on our App, you grant Mindletic a non-exclusive, royalty-free, free-of-charge, worldwide, perpetual license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Content in any and all forms, formats or media.
6. Consultations with professionals
6.1.1. Our App allows you to schedule one-on-one appointments with Professional consultants. These consultations are available to you only if you are 18 years of age or older;
6.1.2. Consultations provided by Professional consultants are governed in their entirety by the Laws of the Republic of Lithuania. You are not allowed to schedule one-on-one appointments with Professional consultants via the App if you do not meet the conditions provided above. By scheduling and participating in professional consultations with Professional consultants, you confirm that you meet the eligibility requirements and explicitly agree that the laws of the Republic of Lithuania shall be applicable.
6.1.3. Professional consultants may request that you provide proof of eligibility (e.g. identification document) and reserve the right to refuse to provide scheduled consultations if you do not provide relevant proof. Professional consultants may also refuse, at their own choice, to provide scheduled consultations, or, at any time, terminate the provision of their services, if the Client is hostile, acts disrespectfully, harmfully, or if the Client otherwise breaches our Terms and Conditions.
6.1.4. You are strictly prohibited from making video or audio recording of the scheduled professional consultations and sharing recordings with any third parties, regardless of the purpose of these actions. Professional consultants put great effort to protect your privacy and expect mutual respect of privacy in return.
6.1.5. If you do not meet the eligibility requirements, but participate in scheduled consultations, you explicitly acknowledge that you forfeit any rights granted to you by laws of any country other than the Republic of Lithuania, to the extent that such forfeiture is allowed by mandatory law.
6.1.6. You additionally agree to indemnify Mindletic and Professional consultants available on the App against any claims, fines, requests, loss of profits or any other damage which is a direct or consequential result of your breach of the eligibility requirements or any other provisions of these Terms and Conditions.
7. Mindletic as intermediary
7.1.1. We explicitly inform you that the relationship related to scheduled consultations is solely between you and the Professional consultant with whom you have made the appointment. Mindletic is not a party to such legal relationships and cannot be construed as such.
7.1.2. For avoidance of doubt, Mindletic is acting as an intermediary only and merely provides the functionality of contacting and scheduling appointments with Professional consultants. Mindletic does not directly provide the professional consultations and does not undertake any obligations in relation to the professional consultations. Any rights and obligations that may arise in relation to professional consultations are solely your obligations to the Professional consultant, and vice-versa.
8.1. Professional consultations are not and cannot be construed as health service of any kind. The service provided by Professional consultants is not subject to any licensing regimes or quality obligations, except those quality obligations voluntarily undertaken by Professional consultants under relevant codes of ethics.
8.2. Mindletic and Professional consultants do not provide any warranties in relation to professional consultations, including no warranties on the quality, availability, expected results or any others.
8.3. Professional consultations are an emotional support service that may or may not have a positive effect on the wellbeing of a person, which depends on a multitude of factors outside of control of the Professional consultant. If you feel that the professional consultation is harmful or in any other way not meeting your expectations, you may at any time leave the consultation environment without any negative consequences other than forfeiting the sums you have paid for the professional consultation, if applicable.
8.4. Neither Professional consultant, nor Mindletic, will be responsible for any damage related to professional consultations, including non-monetary damage.
9. Payment obligations
9.1. Paid services
9.1.1. If you wish to schedule a consultation with a professional consultant, you will be required, via use of the App’s interface, to choose the Professional consultant with whom you wish to consult, as well as choose the date and time of the consultation, from those available. Once you have done this, you will be prompted to pay the consultation fee indicated in the order confirmation.
9.1.2. Your scheduled appointment will be confirmed only after you successfully complete the payment and receive an email from us confirming your order. Our digital service starts from the moment you have received the email. If you fail to make the payment, your appointment will be canceled.
9.1.3. All prices indicated in our App are VAT inclusive and final.
9.2. Payment processing
9.2.1. Your in-app subscriptions are fully processed by the App Provider (Apple App Store or Google Play Store) that you used to download the App, therefor are subject to the terms and conditions of used App Provider. You will be charged after the free trial and when your subscription automatically renews at the end of the period unless auto-renew is turned off at least 24 hours prior to end of the current period. You can manage or turn off auto-renew through your App Provider at any time.
9.2.2. All other payments will be processed by Stripe Payments Europe, Ltd., provider of payment services.
10. Cancellations and refunds
10.1. You have a contractual entitlement to cancel any appointment you have made with a Professional consultant through the App and receive a refund in accordance with the terms set out below.
10.2. If you change your mind about a scheduled appointment with a Professional consultant and wish to cancel it prior to the agreed appointment time, these cancellation terms apply:
10.2.1. You may cancel a scheduled appointment with a Professional consultant 18 hours prior to the start time of your scheduled appointment. If you do so, you will be given an opportunity to change the Professional Consultant or the time of the meeting or be eligible for a refund of the total amount of fees you have paid.
10.2.2. If you do not cancel the scheduled appointment 18 hours prior to the start time of the scheduled appointment, you will NOT be eligible for a refund. Your right of withdrawal ends 18 hours before the scheduled appointment.
10.3. The following terms apply for those instances where you or the Professional consultant do not join the consultation if it has not been previously cancelled:
10.3.1. If you do not join your scheduled appointment in 10 minutes from the agreed consultation time, the consultation shall be deemed to have been completed in full, and you will not be refunded any sums you have paid for the appointment.
10.3.2. If your scheduled appointment is cancelled by the Professional consultant at any time, or if the appointment is cancelled by us at any ti.me, or if the App is unavailable during your scheduled appointment, or if the Professional consultant fails to join the professional consultation, we will offer you the next available time for the appointment with the same Professional consultant, unless you request otherwise. If the alternative offer is not suitable for you, you are eligible for a full refund.
10.4. The scheduled consultations may at any time be terminated by Professional consultants if you are in breach of any of these Terms and Conditions, in which case you will not be eligible for a refund.
10.5. Cancellations of scheduled appointments must be made by emailing our support team at email@example.com. Please indicate the title of the email as CANCELLATION. To fill a withdrawal form refer here.
10.6. If you cancel the scheduled appointment or if it is cancelled by the Professional consultant, or if the appointment is otherwise unavailable due to reasons that the Professional consultant or we are responsible for, and you are eligible for a refund, any refunds due to. you will be processed as soon as possible, and in any case, not later than 14 days after the date of the cancelled appointment.
10.7. Regular cancellations of scheduled appointments, or cancellations made in bad faith, or other actions that seek to unfairly exploit us or Professional consultants shall be considered breach of these Terms and Conditions and may lead to termination of this contract.
11. Not a replacement for medical advice
11.1. Do not use this service for emergency medical needs. If you experience a medical emergency, call the emergency services immediately.
11.2. If you are thinking about suicide or if you are considering taking actions that may cause harm to you or to others or if you feel that you or any other person may be in any danger or if you have any medical emergency, you must immediately call emergency services and notify relevant authorities.
12. Your privacy
12.1. We urge you not to share any personal details on the App’s community rooms. You are solely responsible for sharing any and all personal details and for the consequences, this may entail.
13.1. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our App and the use of the App.
13.2. As long as the App and the information and services on the App are provided free of charge, we will not be liable for any loss or damage of any nature.
13.3. In case of paid services, where the damage done to you is a result of our breach of these Terms and Conditions, your sole remedy will be that of refunding you the amounts you have paid for the services. We will not be responsible for any other damage, except where it is a direct result of our breach of these Terms and Conditions, excluding any consequential and non-direct damage.
13.4. Nothing in this disclaimer will:
13.4.1. Limit or exclude our or your liability for death or personal injury;
13.4.2. Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
13.4.3. Limit any of our or your liabilities in any way that is not permitted under applicable law; or
13.4.4. Exclude any of our or your liabilities that may not be excluded under applicable law.
13.5. The limitations and prohibitions of liability set in these Terms and Conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
13.6. The App is provided on an ‘as is’ basis, and, although we put reasonable effort into ensuring that the App and any of its functionalities are at all times available, we do not undertake to ensure that you will be able to access the App or any of its functionalities at all times.
14.1. You may at any time terminate this contract concluded between you and Mindletic by ceasing use of the App and deleting the App from your device. If you do so, you are no longer allowed to use the App. Any future use of the App by you is subject to your newly given acceptance to these Terms and Conditions.
14.2. Mindletic may terminate this contract at any time if you breach any of the terms provided in these Terms and Conditions. Mindletic ma.y also at any time discontinue operation of the App. You are not entitled to any remedy if Mindletic terminates this contract or discontinues the operation of the App except refunds for the payments you have made prior to termination, if the services have not yet been provided to you.
15. Changes to the App
15.1. Mindletic may periodically update the App for various reasons, including bug fixes, improvement of functionality and security upgrades. These updates may be necessary for you to use the App. You agree to receive such updates automatically.
15.2. Mindletic reserves the right to at any time change the functionalities of the App or remove certain functionalities altogether. You are not entitled to any remedy relating to such changes.
16. Changes to these Terms and Conditions
16.1. Mindletic may at any time change these Terms and Conditions. If the Terms and Conditions change, we will publish an updated version of these Terms and Conditions on our website https://www.mindletic.com/ and on the App. The updated Terms and Conditions will come into effect after a period indicated in the updated Terms and Conditions.
16.2. In certain cases, for example, if we make updates due to security reasons or if we introduce new functionality in the App, the updated Terms and Conditions may be effective immediately and will apply to your use of the App as of the moment the updated Terms and Conditions are published.
16.3. Your continued use of the App will be considered your acceptance of the updated Terms and Conditions.
16.4. If you do not agree to the updated Terms and Conditions, you may at any time cease using the App and uninstall it from your device as indicated in section titled “Termination”.
16.5. Terms and Conditions in force at the time of your booking of scheduled appointments will apply to those scheduled appointments. Scheduled appointments booked after the Terms and Conditions are updated will be governed by the updated Terms and Conditions.
16.6. We will inform you about any changes to the Terms and Conditions by sending you an email notification.
17. Applicable law and dispute resolution
17.1. These Terms and Conditions and the entirety of your use of the App is construed in and governed by the laws of the Republic of Lithuania.
17.2. Any disputes between you and Mindletic shall be resolved amicably. If any dispute is not resolved peacefully, it shall be subject to exclusive jurisdiction of a competent court in the Republic of Lithuania.
17.3. The above paragraphs in this section are applicable to the extent that mandatory law does not take precedence.
17.4. If you are a consumer living in the European Economic Area and consumer protection laws are applicable to your use of the App, you may also file disputes using the European Commission’s Online Dispute Resolution platform.