Last Updated: September 1st, 2023
The following are the terms and conditions (“Terms”) which govern your access and use of our online platform (collectively the “Services”). The Services are owned and operated by MindHarmony(“we”, “us”, “our”).
By accessing or using the Services, you are agreeing to the Terms. You should read the Terms carefully before starting to use the Services. If you do not agree to be bound to any part of the Terms, you may not access the Services.
Please note that Section 5 of these Terms contains an arbitration clause and a class action waiver provision. It affects how disputes between you and MindHarmony may be resolved.
MindHarmony is designed to connect you with a Therapist who will provide you with therapy. “Therapist” means a licensed psychologist (PhD/PsyD), a licensed marriage and family therapist (LMFT), a licensed clinical social worker (LCSW), licensed professional counselor (LPC), Licensed Mental Health Counselor (LMHC), or similar professional certification.
Therapists available through MindHarmony’s platform are independent contractors which means that they are not considered employees, agents, or representatives of MindHarmony. We do not control their schedule or methods of practice, and we do not train them. MindHarmony is solely a platform to connect you with the right Therapist. The therapy is left between you and your Therapist.
If you feel the Services provided by your Therapist do not fit your needs or expectations, you may change Therapists. We cannot guarantee a particular Therapist will be available. If your Therapist stops using the Services at any time, then we will email you to notify you that your Therapist is no longer using the Services, and you have the opportunity to match with a new Therapist.
We hope the Services you receive are beneficial to you, but you understand they are not the right solution for everyone. The Services are not a perfect substitute for in-person therapy. Results may vary between persons. You understand and agree to these Terms without any guarantee of results or outcome, or that the Services and Therapy are suited for you. That said, you agree and understand the Services are not intended for, or a substitute for, a clinical diagnosis that requires an in-person evaluation or certain documentation from a mental health care provider. If you need an in-person evaluation or legal documents (such as court-ordered therapy documentation or service animal papers), then the Services are not right for you.
The Services are also not intended to provide advice on which medication to choose. Medication may be a topic you discuss during the Services you receive, but Therapists on the Services cannot prescribe or recommend medication. You should not confuse discussions with your Therapist about medication as medical advice, and neither we nor our Therapists are liable for medication you choose to take.
DO NOT DISREGARD, AVOID, OR DELAY OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH PROFESSIONAL BECAUSE OF INFORMATION YOU RECEIVED THROUGH OUR SERVICES.
We take your privacy very seriously. Our Privacy Policy includes more detailed information on our data security practices, your privacy rights, and other privacy-related topics. Your use of the Services means you agree to be bound by our Privacy Policy which are incorporated as part of these Terms. Please read them closely.
The Services and Website may contain other content, products, or services which are offered or provided by third parties (collectively “Third Party Content”), links to Third Party Content (including but not limited to links to other websites) 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 are not liable for any damage or loss caused by any Third Party Content.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US AND AGREE YOU WILL HOLD US HARMLESS FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION OF ANY KIND RESULTING FROM THE THERAPY AND THE SERVICES, INCLUDING BUT NOT LIMITED TO, MISTAKES, ERRORS, OMISSIONS, RESPONSES, FAILURES TO RESPOND, ADVICE, OPINIONS, SUGGESTIONS, INFORMATION WE OR OUR THERAPISTS PROVIDE, AND THIRD PARTY CONTENT.
YOU UNDERSTAND AND ACKNOWLEDGE, AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY PROMISE OR WARRANTY OF ANY KIND – WHETHER EXPRESSLY STATED OR MADE BY IMPLICATION – INCLUDING BUT NOT LIMITED TO WARRANTIES THAT WE WILL KEEP THE SERVICES ONLINE OR THAT IT WILL REMAIN AVAILABLE, UNCHANGED, OR ERROR-FREE, WARRANTIES THE SERVICES AND YOUR ACCESS TO IT WILL BE UNINTERRUPTED, AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY, NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS STRICTLY AT YOUR OWN RISK, WITHOUT EXCEPTION.
YOU FURTHER UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES SUCH AS LOST PROFITS, MISSED OPPORTUNITIES, OR ADDITIONAL COSTS INCURRED. OUR AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THESE TERMS AND ANY USE OF THE SERVICES SHALL BE LIMITED TO AMOUNTS ACTUALLY PAID BY YOU TO US IN THE TWELVE MONTHS PRIOR TO THE DATE YOU FILE A CLAIM, AND YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE TO SUCH LIMITATION OF LIABILITY WHEN YOU USE THE SERVICES.
IF APPLICABLE LAW DOES NOT PERMIT THE LIMITATION OF LIABILITY AS SET FORTH ABOVE, YOU AGREE THE LIMITATION SHALL BE MODIFIED SOLELY TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW.
This section (limitation of liability) shall survive the termination or expiration of these Terms.
You agree that any dispute or claim arising out of use of the Services, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims are within the scope of the jurisdiction of small claims court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided the arbitrator may consider rulings in other arbitrations involving different individuals.
Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
Disputes may also be referred to another arbitration organization if you and MindHarmony agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.
YOU AND MINDHARMONY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND MINDHARMONY WAIVE ANY RIGHT TO A JURY TRIAL. YOU AND MINDHARMONY BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
You may opt out from this Arbitration Agreement within 30 days after you first access or use the Services by sending written notice of your decision to opt out to support@mindharmony.com using the subject line “Arbitration Opt-Out.” Please state that you are opting out of this Arbitration Agreement and Class Action Waiver and provide your name and address.
If you opt out of this Arbitration Agreement and Class Action Waiver within the 30-day period, neither you nor MindHarmony will be required to arbitrate disputes and may instead litigate those disputes without regard to this Arbitration Agreement and Class Action Waiver. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and Class Action Waiver.
This Arbitration Agreement survives after the termination or expiration of the Parties’ relationship.
If you purchase a recurring membership to access the Services, then you understand the membership you choose will automatically renew until you cancel the membership, and you accept responsibility for all recurring charges prior to cancellation. You can cancel your membership at any time for any reason by contacting customer service at 1-800-976-2920. Your membership must be canceled before it renews in order to avoid additional charges in the next billing cycle.
We reserve the right to change our subscription or adjust prices of the Services.
If we offer you a free trial or promotional price, upon its expiration, you will be automatically enrolled into a full price subscription. If you already have a membership, you may not be eligible for a trial we offer to others.
We strive to provide a satisfactory experience for all of our customers. We understand that circumstances may arise where a refund is requested, and we have established the following policy to address the situations:
MindHarmony understands that unique circumstances may arise that warrant a refund request, beyond the scope of the above policies. In such cases, refund requests will be evaluated on a case-by-case basis. If you have questions about your membership, or are dissatisfied with your membership, please call our customer service at 1-800-976-2920 or email at support@mindharmony.com.
By using the Services, you hereby confirm that you are legally able to consent to use the Services. You agree that you are able to enter into a binding legal contract and that these Terms apply to you.
Minors (people under 18 years old) are not permitted to access the Services. If we learn that a minor has accessed the Services, we will delete their information.
You confirm and agree that all information you provide through the Services is accurate, true, current, and free of errors and misrepresentations. Providing accurate information includes payment information. You also agree to update information that you provide through the Services to ensure information is reliable, accurate, current, and complete.
You understand and acknowledge your responsibility in maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). We have information security measures in place to safeguard your password and data (read more in our Privacy Policy), but the safety of your password is primarily in your control. We advise you to change your password frequently, only use unique passwords that you do not use for other websites, and to take extra care in protecting your password like using secure, reputable password management software. You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
If you receive any file that looks like it is from us or from a Therapist, whether through the Services or not, you are responsible for checking and scanning the file for any virus or malicious software prior to opening or using it – we have no control over Therapist communications and cannot be held liable for them.
You also agree 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, and regardless of whether that person is a minor or of-age. You are solely and fully liable and responsible for all activities performed using your Account Access, and you agree we can and 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.
You agree and promise 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 Service's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned. You further agree and promise not to make any use of the Services for the posting, sending or delivering of either of the following:
You agree and promise 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 Services and your relationship with the Therapists and us.
You agree and promise to use only credit cards or other permitted payment means (collectively “Payment Means”) which you are fully authorized to use. You further agree that all payment-related information that you provided and will provide in the future, to or through the Services, is accurate, current and correct and will continue to be accurate, current and correct. You agree to pay all fees and charges associated with your Account on a timely basis, the terms and the rates as published in the Services. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Account information. You understand we can restrict access to the Services if you fail to pay.
You agree to 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:
We may modify, suspend, disrupt or discontinue the Services, any part of the Services or the use of the Services, 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 such actions or for any losses or damages that are caused by such actions.
We may change these Terms by posting modifications on the Services. Unless otherwise specified by us, all modifications shall be effective upon posting. You are encouraged to check the terms of these Terms frequently.
We will send notices or other communications to you regarding the Terms and the Services by email to the email address that you provide, or by posting notice online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to support@mindharmony.com. You may want to ensure all e-mails from the support@mindharmony.com domain are not directed to your spam or junk folder.
These Terms and our relationship with you shall both be interpreted solely in accordance with the laws of the State of Delaware excluding any rules governing choice of laws. You irrevocably consent to the state and federal courts in Delaware as the exclusive venue for all disputes arising hereunder, and you hereby consent to personal jurisdiction in Delaware, regardless of where you live or access the Services.
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect.
To remove any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of these Terms.
These Terms are the complete and entire agreement between you and us. Anything stated otherwise in e-mail or via phone or by customer services does not count and does not modify these Terms. By using the Services, it means you do so without reliance on any promises or representations unless we made them in these Terms.
We may freely transfer or assign these Terms or any of its obligations hereunder. You may not transfer or assign your responsibilities under these Terms.
The paragraph titles in these Terms are solely for the sake of convenience and will not be applied in the interpretation of these Terms.
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect.
To clear any doubt, all clauses regarding arbitration, limitations of liabilities, and indemnification shall survive the termination or expiration of these Terms.