These terms and conditions govern the access and use of “mentiness.com” (hereafter, “Mentiness” or the “website”), as well as its linked platform.

1.- LEGAL INFORMATION

Company	MENTINESS HEALTH CARE, S.L.
VAT Number	B06962302
Address	Calle Santa Eulalia N4 6A, CP 36600, Vilagarcía de Arousa
Email	hola@mentiness.com
Inscription	Registro Mercantil de Pontevedra Tomo: 4371 Libro: 4371 Folio: 105 Sección: 8 Hoja: PO 68655 Inscripción: 1 (14.07.2021)

2.- ACCEPTANCE

By accessing “mentiness.com”, along with its linked platform, the acceptance of the content of these Terms and Conditions is presumed, along with the Privacy and Cookies Policy, and a commitment is guaranteed not to use them for illegal, illicit, or contrary purposes to these terms or conditions.

The minimum age for using Mentiness is set at 18 years. In the case of minors, parents, guardians, or legal representatives will be responsible.

3.- SERVICE DESCRIPTION AND INFORMATION

Mentiness is a platform for the prevention and care of mental health that allows connecting company employees with duly authorized and qualified psychologists. This platform aims to offer psychological services through individual sessions (lasting between 45 and 60 minutes), workshops, and online training.

The services offered by Mentiness consist of a base plan, with a series of add-ons to be chosen by the client-company:

• Individual sessions

• Session package

• Co-payment regime: the price will be paid between the company and its employee.

Companies must meet the requirement of having a minimum of 10 employees who use the Mentiness service.

The payment for the services is made directly to Mentiness, thereby establishing a specific contractual relationship with the mental health professionals.

Additionally, Mentiness offers a prepaid option. In the event of contracting a session package, Mentiness is responsible for refunding the amount for those sessions not used. This does not apply in relation to the frequency of use by platform workers.

3.1.- REGISTRATION

Service users can access through the platform using the login details provided by their companies. 

3.2.- PRICES AND PAYMENT METHODS

Prices will be detailed in the specific proposals that MENTINESS presents to each company, calculated based on the chosen option for the provision of the offered services.

If an employee requires the services of a specific psychologist, outside the contracted service, payment will still be processed through Mentiness.

4.- INTELLECTUAL AND INDUSTRIAL PROPERTY

MENTINESS reserves all its intellectual and industrial property rights, so the content and information (images, texts, etc.) are its property or it has the necessary authorizations for their use.

Any modification, reproduction, copying, distribution, or any other form of exploitation for commercial purposes or equivalent of the content and information collected in Mentiness is expressly prohibited. For any other use of the content or information, prior written consent of MENTINESS will be required.

5.- USAGE LICENSE

The use of Mentiness allows for the collection, processing, and management, in a virtual and responsible manner, of the data provided by users.

Users own the content and personal information provided, and MENTINESS only holds a non-exclusive license to such information, subject to the following limitations:

• The license terminates when users delete their data.
• User consent is required if MENTINESS wishes to grant third parties the right to use their content.

6.- DATA OWNERSHIP AND PRIVACY

The ownership of the data and information collected in Mentiness solely belongs to the users. MENTINESS will only access them for the sole purpose of providing the service in the best possible way, refraining from using the data and information for any purpose other than the provision of the service without the express consent of the owners.

If data is communicated to third parties, it will be done for purposes directly related to the provision of the service or as required by law.

For more information on the processing of personal data, users can access the Privacy Policy.

7.- WARRANTIES

MENTINESS guarantees that the services offered will be in accordance with their description, subject to the following limitations:

• All implied warranties and conditions will be valid only during the offered services, to the extent permitted by law.
• It does not cover problems caused by accident, abuse, or use of the services in a manner inconsistent with what is offered, or events beyond the reasonable control of MENTINESS.
• It does not apply to periods of downtime or other interruptions in access.

8.- TERMINATION OF RELATIONSHIP DUE TO BREACH

In the event of termination of the contract due to serious breach, if MENTINESS is unable to provide the service or if server failures occur, the client is entitled to a proportional refund of the fee paid for the period of service not enjoyed, which will be processed through the same method used for payment.

9.- SECURITY AND LIMITATION OF LIABILITY

MENTINESS will take the necessary measures to ensure the integrity of the available service and the data collected, but will not be responsible for events beyond its control.

If users are redirected to other websites or third-party platforms, MENTINESS will not be liable for events occurring through navigation on those sites.

To the extent permitted by law, MENTINESS is not liable for the improper or reckless use of Mentiness by users.

10.- DISCLAIMER OF LIABILITY

MENTINESS will not be responsible for the consequences arising from the provision of services by healthcare professionals, as they will be the ones responsible. 

It will also not be responsible for the misuse or abuse of the website made available to its users. 

MENTINESS guarantees the availability of the service during the contract period, provided that there are no external or force majeure causes that prevent it.

11.- MODIFICATIONS AND INVALIDITY

MENTINESS reserves the right to update and modify these legal texts, so it recommends reading them each time Mentiness is accessed or used.

If any clause of these Terms and Conditions, Privacy Policy, or Cookies Policy is declared totally or partially void or ineffective, such nullity or ineffectiveness will only affect that clause, with the other conditions remaining valid, and the affected provision being deemed unwritten.

12.- APPLICABLE LAW AND JURISDICTION

These Terms and Conditions, and the Privacy and Cookies Policies, will be interpreted and governed in accordance with Spanish law. In the event of a dispute, it will be resolved through an Equity Arbitration of the Arbitration Court of the Chambers of Commerce and Industry of Vilagarcía de Arousa, with express waiver of any other jurisdiction that may correspond, except as provided by law.

13.- CONTACT

In case of doubt, suggestion, or clarification, users can contact MENTINESS through the following email address: hola@mentiness.com.