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

1. LEGAL INFORMATION

Holder  MENTINESS HEALTH CARE, S.L.
Tax ID B06962302
Address Calle Santa Eulalia N4 6A, CP 36600, Vilagarcía de Arousa
Email hola@mentiness.com
Registration Commercial Registry of Pontevedra, Volume: 4371, Book: 4371, Page: 105, Section: 8, Sheet: PO 68655, Entry: 1 (14.07.2021) 

2. ACCEPTANCE

By accessing “mentiness.com” and its linked platform, it is presumed that you accept these Terms and Conditions, along with the Privacy Policy and Cookies Policy, and you undertake not to use them for illegal purposes or in any manner that violates these terms or conditions.

The minimum age to use Mentiness is 18 years. In the case of minors, responsibility lies with parents, guardians, or legal representatives.

3. DESCRIPTION OF SERVICE AND INFORMATION

Mentiness is a platform for mental health prevention and care that connects company employees with duly licensed and qualified psychologists. This platform aims to offer psychological services through individualized sessions (lasting between 45 and 60 minutes), as well as workshops and online training.

The services offered by Mentiness include a base plan with a series of add-ons selected by the client company: 

  • Individual sessions
  • Session package
  • Co-payment arrangement: the cost is shared between the company and the employee.

Companies must meet the requirement of having at least 10 employees who use the Mentiness service. 

Payment for services is made directly to Mentiness, which has a specific contractual relationship with the mental health professionals. 

Mentiness also offers a prepayment option. If a session package is contracted, Mentiness will refund the amount for any unused sessions. This does not apply to how frequently employees use the platform.

3.1. REGISTRATION

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

3.2. PRICES AND PAYMENT METHODS

Prices are set out in the specific proposals that MENTINESS presents to each company, calculated based on the chosen option for delivering the offered services.

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

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

MENTINESS reserves all intellectual and industrial property rights. 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 commercial or equivalent exploitation of the content and information provided by Mentiness is expressly prohibited. Any other use of the content or information requires prior written consent from MENTINESS.

5. USAGE LICENSE

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

Users own the content and personal information they provide, and MENTINESS only holds a non-exclusive license over that information, subject to the following limitations:

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

6. DATA OWNERSHIP AND PRIVACY

Users are the sole owners of the data and information gathered in Mentiness. Access to such data is only for the purpose of providing the service in the best possible way, and data or information will not be used for any purpose other than service provision without the explicit consent of the owners.

If data is disclosed to third parties, it will be for purposes directly related to service provision or when legally required.

For more information on how personal data is processed, users may refer to the Privacy Policy.

7. WARRANTIES

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

  • All implied warranties and conditions remain in effect only during the provision of the offered services, to the extent permitted by law.
  • It does not cover problems caused by accidents, misuse, or use of the services in a manner inconsistent with the offering, nor issues arising from events beyond MENTINESS’s reasonable control.
  • It does not apply to periods of downtime or other interruptions in access.

8. TERMINATION OF THE RELATIONSHIP DUE TO BREACH

In the event of contract termination due to serious breach, if MENTINESS is unable to provide the service, or if there are server failures, the client is entitled to a refund of the proportional amount of the fee paid for the unused period of service, which will be processed through the same method used for payment.

9. SECURITY AND LIMITATION OF LIABILITY

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

If the user is redirected to other websites or third-party platforms, MENTINESS shall not be liable for any issues that arise from browsing on those platforms. 

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

10. DISCLAIMER

MENTINESS shall not be liable for the consequences arising from the services provided by mental health professionals, as such professionals are solely responsible. 

MENTINESS is also not liable for any misuse or abuse of the website by its users. 

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

11. MODIFICATIONS AND NULLITY

MENTINESS reserves the right to update and modify these legal texts, and therefore recommends reading them each time you access or use Mentiness.

If any clause of these Terms and Conditions, or of the Privacy or Cookies Policies, is declared null or void in whole or in part, such nullity or voidness will affect only that clause, with the remaining provisions remaining valid. The affected provision will be considered as not included.

12. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions, as well as the Privacy and Cookies Policies, shall be interpreted and governed in accordance with Spanish law. In case of dispute, it will be resolved by an Equity Arbitration of the Arbitration Court of the Chambers of Commerce and Industry of Vilagarcía de Arousa, expressly waiving any other jurisdiction that may apply, unless otherwise provided by law.

13. CONTACT

If you have any questions, suggestions, or require clarification, you can contact MENTINESS at the following email address: hola@mentiness.com.