1. The Terms and Conditions
The following are the Terms and Conditions (the “Agreement”) which govern your access and use of our online platform through which teletherapy counseling may be provided (collectively the “Platform”). This website is owned and operated by Lumate Health, Inc. (the “Company”).
By accessing or using the Platform, you are entering into this Agreement. 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 “we”, “us”, “our” or similar are used in this Agreement, they refer to the Company.
2. The Counselors and Counselor Services
The Platform may be used to connect you with a Counselor who will provide services to you through the Platform (“Counselor Services”).
Each Counselor providing Counselor Services on the Platform is an accredited, trained, and experienced therapist with a professional degree in the relevant area (such as PhD, PsyD, LMFT, LCSW, LPC), or is a graduate trainee/intern acting under the supervision of an experienced licensed therapist. Each Counselor is licensed to practice in one or more applicable states or jurisdictions. Counselors must have a relevant academic degree in their field and have to be qualified and certified by their respective professional board after successfully completing the necessary education, exams, training and practice requirements as applicable.
If you feel the Counselor Services provided by the Counselor do not fit your needs or expectations, you may request a different Counselor who provides services through the Platform. If a Counselor you have been connected with stops using the Platform at any time after you have been connected, we will send an email to notify you that your Counselor is no longer on the Platform and that you have the opportunity to select a new Counselor.
While we hope the Counselor Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation.
IF YOU ARE THINKING ABOUT HARMING YOURSELF OR OTHERS OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US) AND NOTIFY THE RELEVANT AUTHORITIES AND SEEK IMMEDIATE IN PERSON ASSISTANCE. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE COUNSELORS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED COUNSELING. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.
3. Privacy and Security
4. Your Account
You hereby confirm that you are legally able to consent to receive Counselor Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract.
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.
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.
You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
You agree, confirm and acknowledge that we will not be liable for any loss or damage incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
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.
You agree and commit not to use the account or Account Access of any other person for any reason.
You agree and confirm that your use of the Platform, including the Counselor Services, are for your own personal use only and that you are not using the Platform or the Counselor Services for or behalf of any other person or organization.
You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) 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.
You agree to pay all fees and charges associated with your Account on a timely basis. 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.
If you have any concerns about a bill or a payment, please contact us immediately by sending an email to [email protected]. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, including but not limited to helping you find a new Counselor, extending your subscription at no cost to you, and issuing partial or full refunds when applicable.
6. Ownership of Platform and Restrictions on Use of Content
The Platform is owned by Company. You acknowledge that this Platform may contain information, communications, software, photos, text, video, graphics, music, sounds, images, and other material and services (collectively “Content”), which is generally provided by Company or by licensors of Company.
The Content is presented to you for informational purposes only. The Content is not intended to be a substitute for professional medical, psychological, or other healthcare advice, diagnosis, or treatment. Always seek the advice of your qualified health provider with any questions you may have regarding any medical or mental health condition.
You agree and acknowledge that, notwithstanding that Company permits access to the Content, the Content or its use or the use of this Platform is protected by patents, copyrights, trademarks, and other proprietary rights (including intellectual property rights), that these rights are valid and protected, and that except as specifically provided in this Agreement, your use of the Content shall be governed and constrained by applicable patent, copyright, trademark, and other intellectual property laws.
Modification or use of the Platform or the Content for any commercial purpose is a violation of patent, copyright, and other proprietary rights owned by Company and third parties. In addition to Company’s and its licensors’ rights in individual elements of the Contents, Company owns a copyright in the selection, coordination, arrangement, and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the Platform and/or any of the content, in whole or in part.
7. Links to Third Party Websites
The Platform may contain links to other websites, content, advertisements, products or services which are offered or provided by third parties (“Third Party Links”). We have no control over and no responsibility for the content available at any such Third Party Links, including (but not limited to) any related products, practices, terms or policies. Third Party Links do not constitute or imply endorsement or recommendation of said third-party websites or the information contained therein.
8. Conduct on the Platform; Compliance With Law
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.
You agree and commit not to make any use of the Platform for the posting, sending or delivering of any 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.
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 Counselors and us.
You represent and warrant that you have all the rights necessary to receive, use, transmit, and disclose all data that you use in any way with the Platform. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties, or forfeitures occasioned by any such violations or lack of rights.
9. Feedback You Submit on the Platform
If you contact the Company with information including, without limitation, feedback (e.g., questions, comments, suggestions, or the like) regarding the Platform, the content of the Platform, or any item on the Platform (collectively, “User Feedback”), the User Feedback shall be deemed to be nonconfidential and Company shall have no obligation of any kind with respect to the User Feedback. In addition, you agree and acknowledge that Company shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the User Feedback to others without limitation, and to authorize others to do the same. Further, Company shall be free to use any ideas, concepts, know-how, or techniques contained in the User Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products and other items incorporating the User Feedback. Company shall not be liable or owe any compensation for the use or disclosure of the User Feedback.
10. Disclaimer of Content
You understand and acknowledge that Company assumes no responsibility to screen or review Content and/or User Feedback that is originated by parties other than Company, and that Company shall have the right, but not the obligation, in its sole discretion to review, refuse, monitor, edit, or remove any Content and/or User Feedback that is available on the Platform. Company expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of such Content and/or User Feedback review. You acknowledge and agree that you assume all risk associated with the use of any and all Content and/or User Content.
11. Trademark Information
Our name and logo are trademarks of the Company. Other trademarks are owned by Company or its affiliated entities or are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of Company or the owner of such mark.
12. Intellectual Property Policy
The Company reserves the right to terminate this Agreement and your right to use the Platform if you infringe upon the intellectual property rights of any third party. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), the Company’s designated agent for notice of alleged copyright infringement in connection with the Website is the Company’s Chief Administrative Officer, reachable at [email protected] or 800.402.8768 ext 2. To file a notice of infringement with the Company, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website.
13. Agreement to Indemnify
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) the accessibility 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 services (including Counselor 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.
14. Modification, Termination, Interruption of 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.
15. Disclaimer of Warranty and Limitation of Liability
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 HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE COUNSELOR SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY COUNSELOR AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
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 6-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
If the applicable law does not allow the limitations 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.
We may provide notices or other communications to you regarding this Agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it 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 [email protected].
Notice to California Residents:
The Board of Behavioral Sciences receives and responds to complaints regarding services provided by professional clinical counselors. You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.
17. Other Terms Applicable to This Agreement
This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of Maryland excluding any rules governing choice of laws.
You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the U.S. District Court for the District of Maryland, or the state courts located in Baltimore County in Maryland. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.
We may freely transfer or assign this Agreement or any of its obligations hereunder.
The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
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.
Last Updated: December 6, 2022