Important

Terms & Conditions

Please read the below for information regarding purchase of our app

Mintea Wellbeing Services FZCO, a free zone limited liability company, organised and existing under the Law no.16 of 2021 by H.H. Ruler of Dubai and Implementing Regulations issued there under by the Dubai Integrated Zones Authority, Dubai, United Arab Emirates with a registered license number 41826 and registered address at Building A1, Dubai Digital Park, Dubai Silicon Oasis, Dubai, United Arab Emirates and its subsidiaries and affiliates (‘Mintea,’ ‘us’ or ‘we’) provides content and products via: www.mymintea.com and other websites who operated by Mintea (the ‘Website’), our applications (the ‘Apps’), or other delivery methods (the Website, the Apps and such content, services and products are collectively the ‘Platform’). Mintea, in partnership with service providers, may deliver products and services using the Platform or via other delivery methods, as applicable.

The following are the Mintea Platform Terms and Conditions (these ‘Agreement’) govern your access and use of the Platform. By accessing or using the Platform, you are entering into this Agreement and agree to be bound by the Agreement and other applicable laws, rules, regulations, judicial orders, executive orders, or similar legal binding instruments. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must not access the Platform.

When the terms ‘you’, ‘your’, or similar are used in this Agreement, they refer to the user of the Platform or Services.

1. Products and Services

Products include, without limitation, mental health, mindfulness and mental well-being content, supplementary products for mental health, mindfulness and mental well-being (‘Products’), services include, without limitation, mental health, and mental well-being support by connecting you with a therapist who will provide services to you through the Platform (the ‘Therapy Services’), (Products and Therapy Services collectively shall mean the ‘Services’).

The therapist who provide you with the Therapy Services are therapists who have represented that they have valid license to conduct the Therapy Services under the laws of their residency (‘Therapist’). However, please note that we do not conduct due diligence on the accuracy of all facts related to the Therapists, and you alone make the independent and informed decision to use the Therapy Services provided by the Therapists.

The Therapists are independent service providers who are neither our employees nor agents nor representatives. The Platform’s role is limited to enabling the Therapy Services.

The Therapists themselves are responsible for the performance of the Therapy Services. If you feel the Therapy Services provided by the Therapist do not fit your needs or expectations, you may change to a different Therapist who provides services through the Platform. You should note that because of licensure requirements that differ from jurisdiction to jurisdiction, not all Therapists available on the Platform will be available for you to match with, or at any particular time, or for any set period of time. If a Therapist you have been connected with stops using the Platform at any time after you have been connected, we will send an email or pop-up or push notification (if you provided a necessary consent to us for notifying you by electronic means) to notify you that your Therapist is no longer on the Platform and that you have the opportunity to match with a new Therapist.

You understand, agree and acknowledge that We do not provide any medical services or any other health related advice and the Therapy Services is not a substitute for in person psychiatric or psychological therapy services conducted by medical personal, and may not be appropriate solution for your needs and that they are not appropriate for every particular situation and/or a substitute for certain mental health or mental well-being needs that might require in-person psychological therapy services. You receive Therapy Services based on your independent and informed decision and you understand, agree and acknowledge that you are engaging with the Therapists at your risk.

You understand, agree and acknowledge that all the information you provide to us and the Therapists regarding your identity, past emotions, personal history or your present situation are accurate. We will not be liable for any harm/damage arising out of such interactions. We specifically disclaims any responsibility for any miscommunication or misinformation on the part of the Therapists.

NOTICE TO CEASE USE OF THE PLATFORM IN CASES OF EMERGENCIES: THE PLATFORM, PRODUCTS AND/OR SERVICES IS NOT DESIGNED FOR EMERGENCY SITUATIONS AND THE THERAPISTS CANNOT PROVIDE ANY SUCH ASSISTANCE. IF YOU ARE CONTEMPLATING SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST CEASE USING THIS PLATFORM, PRODUCTS AND/OR SERVICES AND IMMEDIATELY CALL 999 TO NOTIFY THE RELEVANT AUTHORITIES AND SEEK IMMEDIATE PERSONAL ASSISTANCE.

THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION. THE PLATFORM IS NOT INTENDED FOR DIAGNOSES AND/OR TREATMENTS PRESCRIBING THE USE OF DRUGS OR MEDICAL TREATMENT, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM, PRODUCTS AND/OR SERVICES.

DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR MEDICAL PROFESSIONAL OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.

2. General Rules for Services

If you order any Services through the Platform (‘Order’), you may be required to agree and to be bound by additional terms and conditions and policies (‘Additional Terms’) in addition to this Agreement. The Additional Terms are hereby incorporated into the Agreement. Where Additional Terms are inconsistent with the Agreement, the Additional Terms will prevail unless otherwise stated by this Agreement or Additional Terms.

You may also be required to click and/or opt-in to ‘I accept’ button (or substantially same button) prior to your Order or access to the Services. If you do not click and/or opt-in to ‘I accept’ button (or substantially same button) prior to your Order you may not be able to complete your Order.

Use of the Services is dependent upon your use of a computer with adequate software or a supported mobile device and internet access. The maintenance and security of this equipment may influence the performance of the Service and it is your responsibility to ensure the equipment’s functionality. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges.

Mintea reserves the right to change or update this Agreement and Additional Terms, or any other of our policies or practices, at any time. If a change to this Agreement materially modifies your rights or obligations, we may notify you and require that you accept the modified Agreement in order to continue to use the Platform, or Services. We may notify you of such changes via pop-up or push notifications within the Platform or via email (if you provided a necessary consent to us for notifying you by electronic means). If you continue to use the Platform or Services after modification, you agree to abide by the modified Agreement.

3. Privacy and Security

Protecting and safeguarding any information provided by you through the Platform is important to us. You may find information about our privacy policies on our Privacy Policy document located at www.mymintea.com (the ‘Privacy Policy’). You hereby represent that you acknowledge that the Privacy Policy is hereby incorporated to this Agreement and it is an integral part of this Agreement.

BY AGREEING TO THIS AGREEMENT AND/OR BY USING THE PLATFORM, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY REGARDING CHANGES AND REVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY POLICY.

4. Third Party Content

The Platform may contain other content, products or services which are offered or provided by the third parties (‘Third Party Content’), links to Third Party Content or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.

5. Membership

5.1. Becoming a Member.

To access the Platform and the Services, and order the Services, you must sign up as a registered user to the Platform (a ‘Member’). You can become a Member through the Platform. To become a Member, you need to provide certain personal information, including but not limited to your first name, family name, email address, telephone number, date of birth, residency, gender and a password to be used in conjunction with that email address or telephone number (‘User Information’). You are responsible for maintaining the confidentiality of your account and password and for restricting access to your devices which contain you User Information. You may not register for more than one Member account. In order to access or use certain Services, you may need to provide additional information.

By registering as a Member and using and/or accessing the Platform or Services, you warrant that: (i) you are legally capable of entering into binding contracts; (ii) you are in your thirteen or older age; (iii) all User Information you submit is truthful, accurate, and up to date; (iv) you will maintain the accuracy of such information; and (v) your use of the Platform and Services does not violate the Agreement or any applicable laws.

Member accounts and Subscriptions (as defined below) are private and personal and therefore, not transferable. You agree to not sell, transfer, provide access to third parties, or exchange Member accounts or Subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidized, or Free Trials (as defined below) or Subscriptions.

5.2. Children

The Platform and Services are generally intended for individuals at least 18 years of age. However, the children in between the ages of 13 and 17 may access and use the Platform and Services through; if; (i) they read the Agreement, Privacy Policy and other legally binding documents required to use or Order of subject matter Services with their parent, or legal guarding and; (ii) their parent or legal guardian provides necessary information to become a Member and agrees to be bound with this Agreement and other legally binding documents as required.

5.3. Subscriptions

5.3.1. Subscriptions.

Members may access the Services via a subscription fee-based program (‘Subscription’). Subscriptions may be available via monthly or annual options (‘Subscription Term’). For the purposes of our monthly and annual subscriptions, a month constitutes 30 calendar days, and a year constitutes 365 calendar days. Subscriptions may be charged separately for Products and Therapy Services. If you activate a Subscription, you authorize Mintea to periodically charge, on a going-forward basis, all accrued sums (‘Subscription Fee’) on or before the payment due date for the accrued sums. Your account will be charged automatically on the date when you purchase your first subscription to the Product or Therapy Service (‘Subscription Billing Date’) for all applicable fees and taxes for the next subscription period. The Subscription will continue unless and until you cancel your Subscription or Mintea terminates your Subscription or your account.

We reserve the right to change our subscription or adjust prices for our services. Any changes to your Subscription will only take effect following proper notice to you.

You may be required to make an additional payment for some of the Products and/or Therapy Services in addition to your Subscription Fee (‘Order Payment’). You acknowledge that these Order Payments are in addition to your Subscription Fee and will be billed separately by Mintea to you and nothing under your Subscription entitles you to those Products and/or Therapy Services. Mintea reserves the right to solely determine which Products and/or Therapy Services will be provided under the Subscription and which Products and/or Therapy Services will be provided to you by Mintea subject to Order Payment paid separately by you.

5.3.2. Tax and Transaction Costs.

Prices include VAT and other applicable taxes and duties unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from Payment Service Provider, you agree to pay all amounts due upon demand by us.

5.3.3. Subscription Cancellation.

You can cancel your Subscription at any time for any reason. Your Subscription must be cancelled before it renews in order to avoid billing of the next periodic Subscription Fee to your account. For the further avoidance of doubt, any Services accrued but not used within the Subscription Term will not roll over or be eligible for use after the completion of the Subscription Term. Additional terms set forth in Section 6 below also apply to the cancellation of your Subscription.

5.3.4. Free Trials.

You may have access to free trial period of certain Services (‘Free Trial’). Subject to Mintea decision on providing a Free Trial to you, you are only allowed to one Free Trial regardless of your subscription method. Mintea reserves the right to determine the eligibility of Free Trial.

6. Cancellations

6.1. Cancellation by Us

We may suspend or terminate your use of any or all of the Services as a result of your fraud or breach of any obligation under this Agreement. A breach of this Agreement includes without limitation, the unauthorized copying or download of our audio or video content from the Services or recording of the Therapy Services. Such termination or suspension may be immediate and without notice. If we terminate your account, you may receive a pro rata refund of fees that you prepaid for your Subscription to the Products and/or Therapy Services.

6.2. Cancellation by You

Please note that if you purchase a Subscription through the Apple iTunes Store or our iPhone application, you may cancel your Subscription by canceling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the Subscription you want to modify. If you purchase a Subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. If you purchase a Subscription via Apple or Google, you may be subject to their additional terms.

6.3. Cancellation Fees

Some features of the Services are subject to certain cancellation fees, as disclosed via the Platform. For example, such cancellation fees may be owed if you miss a scheduled Therapy Service, and fail to provide the required advanced notice, as communicated to you in advance. We may suspend or terminate access to the Services for any account for which any amount is due but unpaid. In addition to the amount due, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

7. Your Membership, Representations, Conduct and Commitments

You hereby represents and warrants that;

  1. You hereby confirm that you are legally able to consent to receive Therapy Services, or have the consent of a parent or guardian, and are legally able to enter into a contract;
  2. Minor Consent: Where consent from a parent or guardian is required to receive Therapy Services, you hereby confirm that as the consenting parent or guardian, you have the sole right to consent to Therapy Services for the minor seeking therapy and are not legally mandated to confer with or get consent from any other legal guardian before consenting. You also give affirmative consent to the provisions set forth in the accompanying Privacy Policy regarding the collection, process, and use of personal information on behalf of the minor. You also agree that consent to Therapy Services remains valid until membership is canceled;
  3. You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete;
  4. You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively ‘Account Access’). We advise you to change your password frequently and to take extra care in safeguarding your password;
  5. You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security;
  6. You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge;
  7. You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss;
  8. You agree and commit not to use the account or Account Access of any other person for any reason;
  9. You agree and confirm that your use of the Platform, including the Therapy Services, are for your own personal use only and that you are not using the Platform or the Therapy Services for or behalf of any other person or organization;
  10. You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned;
  11. You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law;
  12. You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Therapists and us;
  13. If you receive any file from us or from a Therapist, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file;
  14. You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the products and services (including Therapy Services) which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement;
  15. You confirm and agree to use only credit cards or other payment instruments (collectively ‘Payment Instruments’) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct;
  16. You agree to pay all fees and charges associated with your account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. By providing us with your Payment Instruments you authorize us to bill and charge you through that Payment Instruments and you agree to maintain valid Payment Instruments information in your account information.
  17. You acknowledge, understand, and agree that Mintea and Therapist conducting the Therapy Services via the Platform requires us to process personal data (including but not limited to special categories of personal data) to provide the Therapy Services for the Platforms users. Moreover, you also acknowledge, understand, and agree that Mintea does not oblige anyone to provide their personal data (including but not limited to special categories of personal data) to Mintea for processing activities. Nevertheless, you also acknowledge, understand, and agree that without processing of personal data (including but not limited to special categories of personal data) conducting the Therapy Services by Mintea and/or Therapists via the Platform is not possible. Therefore, you acknowledge, understand, and agree if you reside in any of the member countries of European Union, member countries of United Kingdom, United Arab Emirates or Swiss Confederation, prior to using the Therapy Services, you have read the Mintea Personal Data Processing Information And Consent Form located at www.mymintea.com and provided your informed explicit consent for data processing activities conducted by Mintea and/or Therapists for providing the Therapy Services via the Platform.

8. Prohibited Use of the Products and Services

By accessing and/or using the Platform and Services you agree not to:

  • a. Copy, reproduce, transmit, modify, alter, reverse-engineer, emulate, decompile, or disassemble the Platform or Services in any way, or create derivative works of the Platform or Services;
  • b. Use the Platform, or Services (or any part of them) to create any tool or software product that can be used to create software applications of any nature whatsoever;
  • c. Upload, post, email or otherwise send or transmit or introduce any material that contains software viruses, or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Platform or Services;d. Interfere with the servers or networks underlying or connected to the Platform and Services or to violate any of the procedures, policies or regulations of networks connected to the Platform or Services;
  • e. Access the Platform or Services in an unauthorized manner, including in violation of any local, state, national or international law;
  • f. Circumvent any territorial restrictions applied to the Platform or Services;
  • g. Perform any fraudulent activity including impersonating any other person or entity while using the Platform or Services;
  • h. Conduct yourself in an offensive manner while using the Platform or Services (including, but not limited to, bullying, harassing, or using hate speech or degrading comments about things like race, religion, culture, sexual orientation, gender or identity, age, disability, or serious disease);
  • i. Use the Platform or Services for any illegal, immoral or harmful purpose (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes);
  • j. Use the Platform or Services for any purposes related to scientific research, analysis or evaluation of the Platform or Services without the express written consent of Mintea;
  • k. Rent, lease, loan, make available to the public, sell or distribute the Platform or Services in whole or in part or use the Platform or Services except for your own personal use;
  • l. Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
  • m. Sell or otherwise transfer access granted under this Agreement or any Materials (as defined below) or any right or ability to view, access, or use any Materials (as defined below); or
  • n. Attempt to do any of the acts described in this Section or as otherwise prohibited by this Agreement or assist or permit any person in engaging in any of the acts described in this Section or otherwise as prohibited by this Agreement.

We reserve the right to immediately terminate your access to or use of the Platform or Services if we believe, in our sole discretion, that you exhibit such behavior or you violate or attempt to violate any laws or breach this Agreement.

By breaching the provisions of this Section, you may commit a criminal offense under applicable law. We may report any such breach to the relevant law enforcement authorities, and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform and Services will cease immediately.

9. Ownership

Subject to the limitations set forth in this Agreement, Mintea grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to stream, download and make personal non-commercial use of the Services. The Platform and Products, including the source code for the Platform and Products and any information derived therefrom, is proprietary to, and constitutes the intellectual property (including without limitation a valuable trade secret) of Mintea, its licensors and/or suppliers.

9.1. Copyright

  • a. All materials (including but not limited to software and content whether downloaded or not) contained in the Platform, and Services (‘Materials’), are owned by Mintea (or our affiliates and/or third-party licensors, where applicable), unless indicated otherwise. You will not acquire any ownership rights in or to such Materials other than any specific and limited license for use of such Materials. The Materials may not be used except as provided for in this Agreement, and any other relevant terms and conditions provided to you, without our prior written consent.
  • b. Materials on or in the Platform or Therapy are the property of Mintea or third-party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce their rights against you.
  • c. Text, audio or video content from the Platform not explicitly indicated as downloadable may not be downloaded or copied from the Platform or Services.
  • d. The Platform and Services are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the Materials for commercial purposes without obtaining a written license to do so from us. Materials may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of this Agreement immediately and automatically terminates your right to use the Platform and Services and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Platform and Services.
  • e. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Platform or Services. If you make other use of the Platform or Services, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United Arab Emirates, other countries, and may be subject to liability for such unauthorized use. Mintea will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

9.2. Trademark

Mintea name, the Mintea logo and all other product and services marks are trademarks of Mintea. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed or referred to on or in the Platform and Services is strictly prohibited. Mintea will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

10. User Content

  • a. The Platform or Services may let you submit content to us, including but not limited to, images, videos, photos, sounds, musical or literary works, text, comments, questions, files and other content or information (‘User Content’). User Content does not include the User Information, the information related to Platform or Service usage, purchase or any information not directly shared by you. By sharing User Content with us you agree to this Section.
  • b. Mintea do not systematically review User Content submitted by you or other users. However, we reserve the right to, and may from time to time, monitor any and all information transmitted or received through the Platform or Services for operational and other purposes. If at any time we choose to monitor such information, we assume no responsibility or liability for content, or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. We are not responsible for the content of User Content provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Content, including as to its legality or accuracy.
  • c. We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Content, or to restrict, suspend, or terminate your access to all or any part of the Platform or Services, particularly where User Content breaches this Section, and we may do this with or without giving you any prior notice. ‍‍
  • d. We may link User Content or parts of User Content to other material, including material submitted by other users or created by Mintea or other third parties. We may use User Content for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise Mintea. We may indirectly commercially benefit from use of your User Content.
  • e. Each time you submit User Content to us, you represent and warrant to us as follows:
    • a. You own your User Content or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract.
    • b. Your User Content is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
    • c. Your User Content does not advertise any product or service or solicit any business.
    • d. Your User Content does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Content identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Content; and in submitting your User Content you are not impersonating any other person.
    • e. You will not collect email addresses of users for the purpose of sending unsolicited email.
    • f. You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
    • g. You will not engage in any automated use of the system, such as using scripts to alter our content.
    • h. You will not access, tamper with, or use non-public areas of the Platform or Services, Mintea’s computer systems, or the technical delivery systems of Mintea’s providers.
    • i. Except as necessary to maintain your own computer security by use of commercial-off-the-shelf antivirus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Platform or Services or any other Mintea system or network or breach any security or authentication measures.
    • f. We are entitled to identify you to third parties who claim that their rights have been infringed by User Content you have submitted.
    • g. User Material is not considered to be confidential. You agree not to submit any content as User Content in which you have any expectation of privacy. We do not claim any ownership rights in User Content. However, by submitting User Content you hereby grant Mintea an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Content you post on the Platform, or any portion thereof, and any ideas, concepts, or know how contained in the User Content, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sub-licenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. Mintea may include your User Content in Mintea’s distribution content that is made available to others through the Products.
    • h. Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Platform and Services or User Content that you provide to us (collectively, ‘Submissions’) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Products and Services, you grant, and you represent and warrant that you have the right to grant, to Mintea an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained in the Submissions, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sub-licenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that Mintea has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Mintea and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

11. Modifications, Termination, Interruption and Disruptions to the Platform

You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

12. Electronic Communication Consent

Email, text messaging, pop-ups, push notifications and other electronic communication means (‘Electronic Communications’), such as posting notices on the Platform or Services allow Mintea to exchange information with you efficiently in connection with the provisioning of our Services, product information, appointment reminders, and links to surveys.

Your use of the Platform and Services means that you agree and consent to the use of Electronic Communications as an acceptable form of communication for the purposes of receiving our Services and product information. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. However, in certain jurisdictions we may need to separately obtain your consent to the use of Electronic Communications, if that is the case we will share a consent form with you for the use of Electronic Communications, however, please note that in those jurisdictions you may withhold your consent for the use of Electronic Communications, nevertheless, this will not effect the use of Electronic Communications in some circumstances required by the laws of the above-mentioned jurisdictions.

Applicable laws require that some of the information or communications we send to you should be in writing. You agree to transact with us electronically, and that communication with us will be mainly electronic. You acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

If you wish to change your email address, phone number, or modify your preferences regarding the use of Electronic Communications, please contact us at help@mintea.com. You can also contact help@mintea.com to unsubscribe from further Electronic Communications. Unsubscribing from Electronic Communications may impact your ability to use the Platform or Services.

We reserve the right, in our sole discretion, to discontinue the provision of your Electronic Communications, or to terminate or change the terms and conditions on which we provide Electronic Communications. We will provide you with notice of any such termination or change as required by law.

13. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE SERVICES (INCLUDING BUT NOT LIMITED TO THERAPY SERVICES) OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY THERAPIST AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED ‘AS IS’ WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.

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

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE 12 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.

If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

This section (limitation of liability) shall survive the termination or expiration of this Agreement.

14. General

14.1. Assignment

Mintea may transfer its rights and obligations under this Agreement to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under this Agreement to anyone else. This Agreement is personal to you and no third party is entitled to benefit under this Agreement except as set out here.

14.2. No Waiver

No delay or failure to exercise or enforce any of Mintea’s rights under this Agreement by Mintea, can be constituted as a waiver of that right or any other rights under this Agreement.

14.3. Force Majeure

Mintea will not be liable to you for any lack of performance, or the unavailability or failure, of the Platform or Services, or for any failure or delay by Minte to comply with this Agreement, where such lack, unavailability or failure arises from any cause beyond Mintea’s reasonable control.

14.4. Notices

Unless otherwise specifically indicated, all notices given by you to us must be given to Mintea at help@mintea.com. We may provide notices or other communications to you regarding this Agreement or any aspect of the Platform, Products, or Therapy Services by email to the email address that we have on record, to your account under the Platform, or by posting it online. Notices will be deemed received and properly served within 3(three) business days following when an e-mail or other electronic communication is sent. Notices sent to us must be delivered by email to contact@betterhelp.com.

14.5. Entire Agreement

This Agreement and any additional terms or policies expressly referred to in this Agreement constitute the whole agreement between you and us and supersede all previous oral or written discussions, correspondence, negotiations, previous arrangement, understanding or agreement between you and us relating to the Platform and Services. You and us each acknowledge that neither of you or us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this Agreement or the additional terms or policies expressly referred to in this Agreement. Each of you and us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this Section limits or excludes any liability for fraud.

14.6. Change to Terms

Mintea reserves the right to change or update this Agreement and Additional Terms, or any other of our policies or practices, at any time. If a change to this Agreement materially modifies your rights or obligations, we may notify you and require that you accept the modified Agreement in order to continue to use the Platform, or Services. We may notify you of such changes via pop-up or push notifications within the Platform or via email (if you provided a necessary consent to us for notifying you by electronic means). If you continue to use the Platform or Services after modification, you agree to abide by the modified Agreement.

14.7. Severability

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

14.8. Language

This Agreement and all additional terms incorporated herein constitute the entire and exclusive understanding and agreement between Mintea and you regarding the Services, and this Agreement supersede and replace any and all prior oral or written understandings or agreements between Mintea and you regarding the Services.

14.9. Third Party Rights

Nothing in this Agreement can be construed to provide and rights or obligations to any third-party who is not a party to this Agreement.

14.10. Dispute Resolution

You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the most recent Arbitration Rules of the Dubai International Arbitration Centre (the ‘Rules’), which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one, the seat of arbitration shall be Dubai International Financial Centre, the language to be used in the arbitration shall be English. Nothing in this Agreement, including the choice of the laws of the Emirate of Dubai, United Arab Emirates, affects your statutory rights as a consumer to rely on the mandatory consumer protection provisions contained in the law of the country in which you live.

14.11. Governing Law

This Agreement and our relationship with you shall be interpreted and governed solely in accordance with the laws, regulations and policies of Emirate of Dubai, and if not conflicting to the laws of Emirate of Dubai, of federal laws, regulations and policies of United Arab Emirates, without giving effect to any conflict of laws principles.