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Terms of Service

Last updated: 2024-01-01

Acceptance of Terms

By accessing or using OpenWellness, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, do not use our platform. These terms constitute a legally binding agreement between you and OpenWellness.

Description of Service

OpenWellness is a technology platform that connects clients with independent therapists, coaches, and other wellness professionals. We provide:

  • A marketplace to discover and connect with professionals
  • Scheduling and payment processing tools
  • Secure messaging and video conferencing capabilities
    • Important: We are NOT a healthcare provider. We do not provide medical advice, diagnosis, or treatment. Services are provided directly by independent professionals: clinical/therapeutic services are provided only by licensed clinicians, and non-clinical wellness or coaching services are provided by other qualified professionals. Professionals who are not licensed clinicians are not authorized to, and do not, provide therapeutic, diagnostic, or medical services on this platform.

    Eligibility

    To use our platform, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding contracts
  • Not be prohibited from using the service under applicable laws
    • Professionals offering services on the platform must additionally:
  • Maintain required professional liability insurance
  • Comply with all applicable regulations for their field
    • Licensed clinicians (e.g. therapists, psychologists, counselors) must additionally hold a valid, current professional license and comply with applicable healthcare regulations.

    User Accounts

    Account Creation

    You must provide accurate, current information when creating an account. You are responsible for maintaining the confidentiality of your account credentials.

    Account Security

    You are responsible for all activities under your account. Notify us immediately of any unauthorized access.

    Account Termination

    We reserve the right to suspend or terminate accounts that violate these terms or engage in fraudulent, abusive, or illegal activity.

    Platform Fees and Payments

    For Clients:

  • One-time membership fee: $20 lifetime access
  • Session fees paid directly to therapists (rates set by individual therapists)
  • No platform commission on session fees
    • For Therapists:
  • Platform subscription: $29/month
  • 100% of session fees go to therapists
  • Payment processing fees apply (handled by third-party processor)
    • All fees are non-refundable except as required by law or at our sole discretion.

    Cancellation and Refund Policy

    Session Cancellations:

  • Clients must cancel at least 24 hours before scheduled sessions
  • Late cancellations may incur fees as determined by individual therapists
  • Therapists must provide reasonable notice for cancellations
    • Membership Refunds:
  • Membership fees are generally non-refundable
  • Refunds may be granted at our discretion for technical issues or service failures

    • User Conduct and Responsibilities

    You agree to:

  • Provide accurate information
  • Use the platform only for lawful purposes
  • Respect the privacy and rights of others
  • Not engage in harassment, discrimination, or abusive behavior
  • Not attempt to circumvent platform fees or payment systems
  • Not share account credentials
    • Prohibited activities include:
  • Impersonating others
  • Posting harmful, offensive, or illegal content
  • Attempting to hack, disrupt, or compromise platform security
  • Using automated tools to scrape or collect data

    • Professional Terms

    All professionals using our platform (therapists, coaches, and other wellness professionals) agree to:

  • Comply with all applicable laws and professional standards for their field
  • Carry professional liability insurance appropriate to their practice
  • Provide services with professional competence and ethical conduct
  • Maintain client confidentiality as required by law
  • Not guarantee specific outcomes or results
    • Licensed clinicians (e.g. therapists, psychologists, counselors) must additionally maintain a current, valid professional license in their jurisdiction. All professionals are independent contractors, not employees of OpenWellness.

    Intellectual Property

    Our Content: All platform content, design, logos, and trademarks are owned by OpenWellness or our licensors. You may not use our intellectual property without permission. User Content: You retain ownership of content you post. By posting, you grant us a license to use, display, and distribute your content as necessary to operate the platform. Therapist Profiles: Therapists grant us permission to display their profile information, credentials, and reviews on the platform.

    Disclaimers and Limitations of Liability

    No Medical Advice: We do not provide medical advice. All therapeutic services are provided by independent professionals. Platform Availability: We strive for 99.9% uptime but do not guarantee uninterrupted service. Third-Party Services: We are not responsible for third-party services (payment processors, video conferencing, etc.). Limitation of Liability: To the maximum extent permitted by law, OpenWellness is not liable for indirect, incidental, special, or consequential damages arising from platform use. Maximum Liability: Our total liability shall not exceed the fees you paid in the 12 months preceding the claim.

    Indemnification

    You agree to indemnify and hold harmless OpenWellness from any claims, damages, or expenses arising from:

  • Your use of the platform
  • Your violation of these terms
  • Your violation of any rights of others
  • Content you post or share

    • Dispute Resolution

    Governing Law

    These terms are governed by the laws of the State of California, without regard to conflict of law principles.

    Arbitration

    Disputes shall be resolved through binding arbitration rather than in court, except for small claims court matters.

    Class Action Waiver

    You agree to resolve disputes individually, not as part of a class action.

    Changes to Terms

    We may modify these terms at any time. We will notify users of material changes via email or platform notification. Continued use after changes constitutes acceptance of modified terms.

    Severability

    If any provision of these terms is found unenforceable, the remaining provisions remain in full effect.

    Contact Information

    For questions about these Terms of Service:

  • Email: legal@openwellness.eu