User Agreement
1.1 This Agreement is a public agreement (public offer) in accordance with Article 5.2 of the Consumer Rights Protection Law of the Republic of Latvia, Clause 2 of Article 5 of the Consumer Rights Protection Law of the Republic of Latvia, Limited Liability Company "Doca", registered in the Commercial Register of the Republic of Latvia under the registration number 40203426652, with the legal address: Saulkalne, Salaspils pag..., Salaspils nov, Salaspils nov., LV-2117, represented by Elina Kravchenko, a member of the Board of Directors, acting on the basis of the Articles of Association, hereinafter referred to as "Doca", to a natural person who has expressed willingness to use the features (functions) of the "Psytalk" Service and has accepted the terms and conditions of this public offer agreement (hereinafter referred to as "Agreement"). After accepting the terms and conditions set forth below and starting to use the Service, the person who accepts this offer becomes a User.
1.2 Full and unconditional acceptance of this public offer shall be deemed to be the performance of any actions on the Service, including, but not limited to: starting to use the Service, registration on the Service, use of any functionality provided by the Service.
1.3 The public agreement concluded in the above-mentioned order is considered to be concluded in a simple written form, does not require paper registration and has full legal force.
1.4 From the moment of acceptance, the User shall be deemed to have read and agreed with this public offer and, in accordance with the Civil Code of the Republic of Latvia, shall be deemed to have entered into contractual relations with "Doca" on the terms and conditions set out in the Agreement.
1.5 Doca has the right to unilaterally change the terms and conditions of services and the terms and conditions of this Agreement at any time without prior agreement with the User, ensuring that the changed terms and conditions are published on the Service at least one day before they come into force.
For the purposes of this Contract, the parties have agreed to use the following terms and definitions:
2.1. Service - an online platform (software package) developed by Doca called "Psytalk", which is a set of computer programs and databases located on the Internet at www.psytalk.eu, as well as a mobile application "Psytalk" for iOS and Android, which provides an opportunity to choose a specialist (Psychologist) and conduct Video Consultations.
2.2. Video consultation - an online consultation between the Psychologist and the User lasting at least 50 minutes for an individual session or at least 90 minutes for a pair counseling session, conducted through the Service.
2.3. User - a natural person who has reached the age of 18 years, has legal capacity and legal capacity, or has received consent from legal representatives to accept the terms of this offer.
2.4. Psychologist - a capable physical person providing psychological consultations through the Service on various issues (emotional, personal, social, etc.) on the basis of a separate agreement with the User.
3.1 The subject of this Agreement is the provision by Doca of access to the functionality of the Service to the User under a simple (non-exclusive) license, including the selection of a Psychologist, conducting Video Consultations with the Psychologist, technical support for the User and other services provided by the functionality of the Service. Video Consultation services are provided directly by the Psychologist, Doca only provides technical capabilities for the use of the Service.
For the avoidance of doubt, Doca does not provide Video Counseling services. Psychologists are not employees, contractors or co-employees of Doca. The interaction between User and Psychologist is based on a separate contract between them and Doca is not responsible for their relationship.
3.1.1 The User grants "Doca" the right to use his/her feedback to improve the quality of the Service and analyze the effectiveness of consulting.
3.2 The following functionalities of the Service are available to the User:
3.2.1 Automatic selection of Psychologists based on information about the Psychologist.
3.2.2 Access to information about the Psychologist.
3.2.3 The possibility of recording for Video Counseling according to the Psychologist's schedule.
3.2.4 Conducting Video Consultations via the Service.
3.3 Neither Doca nor the Psychologists provide medical services, prescribe medications or engage in telemedicine.
3.4 The User is aware that Doca is not responsible for the results of the Video Consultations, as they depend on the User's involvement.
3.5 Doca may refuse to provide access to the Service if the User violates the terms and conditions of this Agreement.
3.6 If the User is late or misses the Video Consultation less than 12 hours before the scheduled time, the payment will not be refunded.
3.7 If the Psychologist does not show up for the Video Consultation, the amount will be refunded or credited to the next session.
4.1 Doca undertakes to:
4.1.1 Provide technical support to Users.
4.2 Doca shall have the right to:
4.2.1 Change the functionality of the Service without prior agreement with the User.
4.2.2 Require the User to provide accurate data when registering for a consultation.
4.2.3. disable access to the Service for technical works.
4.2.4 Block the User in case of violations.
5.1 The User undertakes to:
5.1.1 Provide accurate information when registering.
5.1.2 Adhere to the Video Counseling schedule and notify the Psychologist of a rescheduled session at least 12 hours prior to the scheduled time.
5.1.3 Do not pass information about the counseling to third parties.
5.1.4 Do not record Video Counseling without the consent of the Psychologist.
5.2 The User shall have the right to:
5.2.1 Use the Service in accordance with its functionality.
5.2.2 Change the Psychologist at any stage if there is no appointment for consultation with the selected Psychologist.
5.2.3 Terminate the Agreement by sending a notice to Psytalk by e-mail in**@*****lk.eu.
6. Financial conditions
6.1 The User does not pay for access to the "Psytalk" Service, however, certain functions of the Service may be paid for. Payment by the User for such functions is made through the payment systems offered on the Service. "Psytalk", being Psychologist's agent for accepting payments, is entitled to accept money from the User and other persons in favor of Psychologist for Video Consultations, whereby payment for a Video Consultation is payment for a Video Consultation conducted by Psychologist.
6.2 In this case, the use of a certain settlement system by the Parties may be connected with the conclusion by the said persons of a separate agreement regulating the use of the relevant settlement system, the conclusion of which is a mandatory condition for carrying out settlements in such manner and in such order.
6.3 The User has the option of cashless payment for Video Consultations, in which case Psytalk acts on behalf of the respective Psychologist with the involvement of an authorized payment system and is the recipient of the payment as the Psychologist's agent (hereinafter referred to as "cashless payment"). "Psytalk does not guarantee that the Service will be error-free or error-free with respect to the provision of the cashless payment option.
6.4 The User confirms that he/she has read the terms and conditions of Psytalk's partner Stripe service, through which settlement between the Psychologist and the User may take place, posted at https://stripe.com/en-lv/privacy and confirms their acceptance. Payment may be made using other payment systems.
6.5 Payment is made by the User by means of bank cards of international payment systems, such as Visa, MasterCard, as well as other payment systems, including Apple Pay and other electronic wallets, except in cases where the Service interface contains restrictions on the use of specific international payment systems. "Psytalk" reserves the right to temporarily restrict acceptance of certain bank cards or payment methods, including Apple Pay, for technical reasons or to impose additional payment requirements to be posted within the Service. Different devices may provide for different interfaces and payment methods. The cost of paid services is specified within the Service and is subject to change without prior notice to the User.
6.6 When paying, the User undertakes to use only the bank card of which he/she is the legal owner. If the User intentionally uses the bank card of another person, the User shall be solely responsible for the damage that was/can be caused to the owner of the said card as a result of the above mentioned actions of the User, as well as "Psytalk" in case of such damage, including reputational damage. The User undertakes not to transfer bank card data to third parties. The User shall bear all risks associated with the possible intentional use of the User's bank card data by third parties in case of improper storage thereof.
6.7 In order to receive paid services, the User must confirm the activation of the automatic bill payment function by bank card within the elements of the screen interface, as indicated within the Service, as the services are paid for on a prepaid basis. When activating the function of automatic payment by bank card, the User should specify the bank card number, the expiration date of the card, CVV code, surname and name of the bank card holder. Payment for the services selected by the User will be made automatically, without additional confirmation from the User.
If payment is made via Apple Pay or other electronic wallets, the User must also confirm the use of automatic payment by following the instructions provided in the Service, including linking their Apple Pay account to their profile on the Service. The payment will be charged automatically according to the selected method, without the need to enter card details or additional confirmation of each payment.
6.8 For the purpose of authentication of the data specified by the User, the issuing bank may reserve funds on the User's respective bank accounts. Upon successful authentication of the card data by the issuing bank, the User's bank card shall be deemed linked and the function of automatic top-up by means of the bank card shall be deemed connected. Unlocking of the amount reserved by the bank card authentication is performed within the terms determined by the issuing bank and does not depend on "Psytalk".
6.9 The bank card data entered by the User is processed on a secure page of the processing system in accordance with the rules of the payment systems providing services to Psytalk to accept User payments, thus the User's data (including bank card data) and its processing is performed on the side of such payment system, Psytalk does not have access to this information.
6.10. When disabling automatic payment by bank card, the User will not have access to paid services provided through the Service and related functionality of the Service.
6.11. Collection and processing of received confidential data of the User (card details, registration data, etc.) is performed in the processing center of the relevant payment system that makes the payment, and not on the Service. Thus, the Service can not get the User's banking data, including information about his transactions made on other sites. All financial information provided by the User is collected and processed by the payment systems specified on the Service.
7.1 Psytalk does not provide medical and/or telemedicine services. The User's personal data is taken solely from the User's words and by filling out a consultation appointment. The User is personally responsible for the accuracy of the personal data provided. No content or information posted on the Service is intended to be used as professional advice of any kind.
7.2 User's personal data may not be disclosed by "Psytalk" to third parties without User's consent, except for disclosure of User's personal data at the request of governmental authorities, disclosure of data to a Psychologist selected by User and disclosure of User's corporate e-mail address to User's employer, if payment for Video Consultations was made at the expense of User's employer, for the purposes of reporting to User's employer.
7.3 Psytalk does not guarantee the availability on the Service of a Psychologist suitable for the User or the availability of a Psychologist at a time convenient for the User.
7.4. "Psytalk" is not responsible for the User's failure to achieve the results expected by the User, or for the failure of the obtained result to meet the User's expectations.
7.5 If the User violates this Agreement, Psytalk shall have the right to unilaterally terminate the Agreement and block access to the Service without sending a corresponding notice to the User.
7.6 After accepting the contract for the provision of Video Counseling services with the Psychologist, the User is solely responsible for the interaction with the Psychologist. "Psytalk" is not responsible for the information posted by the User or the Psychologist on the Service, including, but not limited to: for errors, misrepresentations contained in such information, for any losses arising from such information.
7.7 Psytalk's liability for any lawsuits or claims related to the fulfillment of this Agreement is limited to the amount of actual damage caused by Psytalk to the User. This limitation shall not apply in case the legislation of Latvia stipulates otherwise.
7.8 The User's dissatisfaction with the results of the Psychologist's activity, inconsistency of the result of the services with his/her expectations is not the basis for bringing "Psytalk" and/or the Psychologist to responsibility for the improper quality of the rendered services, as psychological assistance has no established standards of correct implementation.
7.9. the User shall compensate Psytalk for any damage caused to Psytalk by the User's violation of the terms and conditions of this Agreement or the laws of Latvia.
8.1 The Parties shall be released from liability for partial or full non-fulfillment of their obligations under this Agreement if such non-fulfillment became impossible due to force majeure circumstances arising after conclusion of the Agreement as a result of events of extraordinary nature, including (but not limited to) the following circumstances:
8.2 The Party affected by force majeure circumstances shall notify the other Party in writing within three (3) business days, if possible as soon as possible, providing confirmation of the existence of force majeure circumstances issued by a competent governmental or administrative authority.
8.3 In case of force majeure, the term of fulfillment by the Parties of their obligations under this Agreement shall be postponed proportionally to the time of force majeure.
8.4 If force majeure circumstances continue for more than one (1) month, each of the Parties shall have the right to refuse further fulfillment of obligations under this Agreement, subject to reimbursement to the other Party of actually incurred expenses.
9.1 By submitting their personal data to Psytalk, the User agrees to their processing by Psytalk, as specified in the Latvian Personal Data Protection Act and Regulation (EU) 2016/679 (GDPR), in order for Psytalk to fulfill its obligations to the User under this Agreement. The User realizes that the data left by the User during registration will be transferred to a Psychologist selected by the User and partners.
9.2 If the User consents to receive advertising messages, the said messages may be sent to the User's e-mail, messengers and/or cell phone. The User has the right to refuse to receive advertising information without explaining the reasons for the refusal by informing Psytalk of his/her refusal by sending a corresponding statement to Psytalk's e-mail address: in**@*****lk.eu.
9.3. "Psytalk" has the right to send to the User's e-mail, messengers and/or cell phone service messages informing the User about the Video Consultations, password messages or other service and functional messages are sent automatically and cannot be rejected by the User.
10.1 The exclusive rights to the Service, content contained therein, databases, belong to "Psytalk".
10.2 Psytalk grants the User the right to use the Service under this Agreement on the terms of a simple (non-exclusive) license. This license includes the right to use the Service for its direct functional purpose in the ways and with the prohibitions and restrictions specified in this Agreement for personal, non-commercial purposes.
10.3 Except as expressly provided for in this Agreement, the User does not acquire any intellectual rights with respect to the Service, the content posted on the Service. All intellectual and other applicable rights to the Service and all its components belong to Psytalk.
10.4.The User is prohibited to copy, reproduce, modify, process, display, distribute, publish, transmit, sell or otherwise use the results of intellectual activity posted on the Service, either in whole or in part, without the prior and express permission of Psytalk, unless Psytalk has expressly agreed to the free use of the result of intellectual activity by any person.
10.5 Any use of the Service other than the cases expressly authorized by this Agreement is prohibited for the User and is considered a breach of the Agreement.
11.1 The Agreement constitutes the entire agreement between Psytalk and the User.
11.2 Issues not regulated by this Agreement shall be regulated in accordance with the applicable Latvian legislation.
11.3 All disputes and disagreements arising out of or in connection with the Contract shall be settled, if possible, through negotiations between the Parties. In case the Parties fail to reach an agreement, the disputes shall be considered in accordance with the procedure established by the applicable Latvian legislation. Compliance with the claim settlement procedure is mandatory for the Parties, and the response to the claim shall not exceed 14 (fourteen) calendar days from the date of its receipt.
11.4 The Agreement shall come into force from the moment of acceptance of this public offer by the User and shall remain in force until the Parties fulfill their obligations in full.
Doca Ltd.
Address: Salaspils nov.m Salaspils pag., Saulkalne, Lv-2121.
Registration nr: 40203426652
Email: in**@*****lk.eu
