DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 (IN THE US) or 999 (IN THE UK), OR OTHER NATIONAL EMERGENCY PHONE NUMBER DEPENDING ON YOUR LOCATION.

If you are thinking about suicide or if you are considering taking actions that may cause harm to you or to others or if you feel that you or any other person may be in any danger or if you have any medical emergency, you must immediately call the relevant emergency service number, notify the relevant authorities, and seek immediate in person assistance. The helpingtalks.com website displays the suicide hotline in several prominent locations and has an index of national, regional, and state resources for mental health emergencies which we implore all users of this site to use when faced with an immediate or emergent crisis.

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Please read these Terms of Use carefully (“Terms“). These Terms govern and apply to your access and use of the communication platform offered by helpingtalks.com in connection with the online therapy services we provide via the helpingtalks.com website at helpingtalks.com  (“Website”) (all hereinafter collectively, “helpingtalks” and the “Service(s)”) and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as “Content“). By accessing or using the Service, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you are not authorized to use the Service. The terms “you“, “your,” and “yourself” refer to the individual user of the Service.

These Terms are between you and helpingtalks, and not with the App Provider (such as the Apple App Store, Google Play Store, or other similar platforms) where the App is made available (each such distribution platform an “App Provider“). The App Provider has no obligation to furnish any maintenance and support services with respect to the App. Any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App will be the sole responsibility of helpingtalks.

Emergency Contact Information

You agree to provide “Emergency Contact Information” (name and telephone number) for your personal contact and/or a close family member/relation to your Provider (defined below) to be used in case of a mental health crisis or other emergency where knowledge of your location is crucial and you agree to obtain their consent before providing their Contact Information to your Therapist. 

You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of the information you provide regarding your age, residence, and Emergency Contact Information and that the Providers you access (“Provider(s)”) are relying upon this certification in order to interact with you and provide the Services.

By subscribing to our Services you agree to these Terms and acknowledge the terms of the Notice of Privacy Practices (for US members only) and you acknowledge that we handle the information you provide us in accordance with our Privacy Policy.

Account Eligibility and Enrollment

To access the Services, you must first enroll to establish an individual user account (“Account”), by providing certain information as set out in the Privacy Policy. You agree that you will not create more than one Account or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service and, if applicable, in order for Providers to send messages to you, you agree to: 

1. provide true, accurate, current, and complete information about yourself as prompted by our Account enrollment form (understanding that during therapy sessions you may use a nickname); and 
2. to maintain, and promptly update such Account information, each time you log on, as far as possible to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Helpingtalks has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current, or incomplete, Helpingtalks reserves the right to transition your treatment to another Provider outside of Helpingtalks or take other steps as appropriate. 
3. certify that you are (i) over the age of eighteen (18) (for UK/ EU users), or have the legal ability to consent to the Services or have your Parent/Guardian consent to the Services (for US users only), and (ii) physically located or are a resident of the State or Country you have chosen as your current residency when creating your Account. 
4. remain responsible for maintaining the confidentiality of your Account password and username (if any), and any other security information related to your Account at all times. Helpingtalks will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.

Acceptable Use

You agree not to access or use the Services in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit any of the following:

1. a message or information under a false name; 
2. information that is unlawful, libelous, defamatory, abusive, vulgar, obscene, racist, fraudulent, predatory of minors, harassing, threatening or hateful to any person;  
3. unsolicited email and/or advertisement or promotion of goods and services;
4. any content that may cause damage to a third party; 
5. any content which may constitute, cause, or encourage a criminal action or violate any applicable law; and 
6. information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. 

You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, keystroke logger, spyware, adware, denial of service attacks, flooding, or spamming. You shall not use the Service in any manner that could damage, disable, or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper, malicious code, or other means to access the Service for any purpose. Neither Helpingtalks nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.

If you download the App, you agree that from time to time, the software may require that you download upgrades, updates, and additional features we publish in order to improve, enhance, and further develop the software, Service, or App.

Payment

You agree to pay all fees and charges associated with your Account on a timely basis in accordance with the fee schedule, and the terms and rates published by Helpingtalks from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged to the payment method you provided during the initial setup of your Account. You agree to maintain valid payment information in your Account. By providing Helpingtalks with payment information, you authorize Helpingtalks to bill and charge your credit card or other payment method.

If you access the Services through an EAP or an employer sponsored benefit plan or other insurance backed plan, your payment will be arranged by a third party “Payor” which is a third party that administers or insures the benefit program you are a member of through your employer. Your co-payments, coinsurance, or deductible may be charged automatically at the beginning of the session period or after the claim is processed by your insurer.

Providers

You are always advised to exercise a high level of care and caution when making any mental health or medical decision. You should never disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare provider, or using or combining Helpingtalks with traditional face-to-face appointments, solely because of information you saw on the Website or App or advice you received through the Provider. Helpingtalks supports a holistic approach to mental health and the choices you have, to create the best therapeutic journey that matches your individual needs. If you feel that the Provider does not meet your expectations, you may change to a different Provider at any time.  

Other than the guidance and advice you receive directly to you from your Provider, the graphics, educational and research sources and other incidental information on the Website or the Content, should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Helpingtalks does not endorse any specific tests, medications, products, or procedures.

Helpingtalks reserves the right to limit the scope of clinical practice provided.

Intellectual Property

All Content available on or through the Service is the property of Helpingtalks or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, modify, retransmit, distribute, disseminate, sell, exploit, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of Helpingtalks or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.

“Helpingtalks,” “Unlimited Messaging Therapy” and “Live Video Sessions” are copyrighted terms. All rights reserved. Subject to the Terms of this Agreement, Helpingtalks hereby grants you a limited, revocable, non-transferable, and non-exclusive license to use the software, network facilities, content, and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service.

The license granted herein does not permit you to, and you agree not to: 

1. modify, translate, reverse engineer, disassemble, decompile, or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile, or create derivative works of the Service; or 
2. transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.

Disclaimers

ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. 

WITHOUT LIMITING THE FOREGOING, HELPINGTALKS DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.

YOU AGREE THAT YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ANY OTHER SECURITY INFORMATION RELATED TO YOUR USE OF HELPINGTALKSE.  YOU AGREE TO NOTIFY HELPINGTALKS IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR USERNAME OR PASSWORD. 

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. HELPINGTALKS CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.

Limitations of Liability

IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, APP OR SERVICES OR OTHERWISE ARISING OUT OF, OR IN RELATION TO, THESE TERMS, YOU AGREE THAT HELPINGTALKS’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER CONTRACTUAL, TORTIOUS OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF PAYMENT MADE BY YOU TO HELPINGTALKS IN THE PAST 12 MONTHS, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.  

UNDER NO CIRCUMSTANCES SHALL HELPINGTALKS, ANY HELPINGTALKS LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Hyperlinks

Any link (including a hyperlink, button, or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation, or certification by Helpingtalks, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship to Helpingtalks. Helpingtalks does not endorse the content on any third-party websites. Helpingtalks is not responsible for the content of linked third-party websites or third-party advertisements and does not make any representations regarding its content or accuracy. Helpingtalks does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights, or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

California Residents

The Board of Behavioral Sciences receives and responds to complaints regarding services provided by therapists, clinical social workers, or professional clinical counselors. You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.

Termination

Helpingtalks has the right (but not the obligation) to refuse to provide access to the Service to any person, agency, or organization for any illegal or improper use of the service, nonpayment or other material misuse of the services. Helpingtalks reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.

Gift Cards

Gift cards are available for purchase to be used solely towards the use of the Service (“Gift Card”). A Gift Card is not a credit or debit card and has no implied warranties. A Gift Card is not redeemable for cash unless required by law and cannot be used to make payments on any charge account. Gift Cards cannot be used to buy other Gift Cards. Gift Cards are not valid or redeemable after the expiration date associated with the Gift Card. Helpingtalks reserves the right to deactivate or reject any Gift Card issued or procured, directly or indirectly, in connection with fraudulent actions, unless prohibited by law.

Lost or stolen Gift Cards can only be replaced upon presentation of original sales receipt for any remaining balance. It will be void if altered or defaced.

Helpingtalks is not responsible for emailed Gift Cards that do not reach their intended recipient for any reason. Bounced email is not monitored.

HELPINGTALKS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR HELPINGTALKS BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CERTAIN NATIONAL AND STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Vouchers / Coupons / Promotions & Trial Subscriptions

To redeem your coupon or voucher code, you must provide Helpingtalks with the requested coupon or voucher information. Promotional offers may not be combined with other promotional offers associated with any account that you own, unless otherwise expressly permitted in the applicable terms associated with each promotional offer (“Promotional Terms”). Helpingtalks reserves the right, in its sole and absolute discretion, to determine your eligibility for any promotional offer pursuant to the applicable Promotional Terms. Helpingtalks reserves the right to change, amend and alter then-current promotional offers or Promotional Terms as well as institute new promotional offers, from time to time and at any time, in its sole and absolute discretion. Helpingtalks does not guarantee that any promotional offers are or will be available to you at all, or in connection with any services desired by you. 

From time to time, Helpingtalks may offer a Trial Subscription (“Trial Subscription”) to receive introductory services. You may only receive one Trial Subscription. Without limitation, any attempt by You to receive more than one Trial Subscription, such as by creating alternate accounts, will be considered a material breach of these Terms.

Refunds

Except as prohibited under applicable law, Helpingtalks may at its sole discretion provide a full, partial, or pro-rated refund for services rendered. 

Governing Law & Disputes

US Users

These Terms are governed by the laws of the State of Delaware, without regard to any conflict of laws, rules or principles. You agree to submit to the venue and jurisdiction of the New York courts in the cases that arbitration is not successful or is assigned or appealed to a civil court. 

ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS/REPRESENTATIVE/COLLECTIVE ACTIONS ARE NOT PERMITTED. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. FURTHER, UNLESS BOTH YOU AND HELPINGTALKS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAT ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HELPINGTALKS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. HELPINGTALKS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

Non-US Users

The Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or their subject matter or formation or the use of the Services shall be governed by and construed in accordance with the laws of England and Wales, subject only to mandatory provisions of consumer law in the country in which you reside. 

You agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Services, the Terms or their subject matter or formation. Alternatively, if you are located in the EU you may raise the dispute with an alternative dispute resolution body via the EU Commission’s Online Dispute Resolution Body.

General

Helpingtalks’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by Helpingtalks may be delivered by electronic mail to the address provided during the creation of your Account. These Terms constitute the entire agreement between Helpingtalks and yourself regarding the Service and supersede and replace any prior agreements you and Helpingtalks might have regarding the Service. Helpingtalks may revise these Terms from time to time without notice to you, except for material changes. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read the Terms periodically.

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These Terms of Use were last updated on July 22, 2022 and are deemed effective as amended as of this date.