Enhanced-Mind Terms of Service
DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL YOUR EMERGENCY NUMBER RESPONSE NUMBER IN YOUR COUNTRY.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONTEMPLATING ACTIONS THAT MAY HARM YOURSELF OR SOMEONE ELSE OR IF YOU FEEL YOU OR SOMEONE ELSE MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. THE ENHANCED-MIND WEBSITE HAS PROVIDED THE SUICIDE HOTLINE NUMBERS IN SEVERAL LOCATIONS GLOBALLY, WHICH I IMPLORE ANYONE WHO USES THESE SERVICES WHEN CONFRONTED WITH AN IMMEDIATE OR EMERGENCY SITUATION.
You hereby certify that you are (i) over the age of eighteen (18) or have the legal ability to consent to Counseling or have your Parent/Guardian consent to Therapy. You agree to provide “Contact Information” (your personal contact and/or a close family member/relation) to your Provider to act as an information source to be used in case of a mental health crisis or other emergency where knowledge of your location is crucial. 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 Contact Information and that the Counselor is relying upon this information in order to interact with you and provide the Services.
Other than the guidance and advice you receive directly by you from your Counselor, the other educational, graphics, research sources and other incidental information on the Site, 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. Enhanced-Mind does not endorse any specific tests, medications, products or procedures.
You agree not to access or use the Service 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(i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) 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, 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 computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Enhanced-Mind is not under any obligation to respond to messages sent to the Service. You are solely responsible for the information or material you post to the Service.
The following terms apply to any App, VSee, accessed through or downloaded from any source (such as the Apple App Store or other similar platforms) where the App, VSee, is made available (each such distribution platform an “App Provider”). You acknowledge and agree that:
These Terms are between you and Enhanced-Mind, and not with the App Provider, VSee, and that Enhanced-Mind is not responsible for the App, VSee; and the App Provider, VSee, has the obligation to furnish any maintenance and support services with respect to the App, VSee, claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of VSee.
If you download the App, VSee, such as a stand-alone software product or a browser plugin, 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, VSee. The Service may change from time to time and/or Enhanced-Mind may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you.
Any payment you make for the use of the Services is used to compensate Enhanced-Mind for its software development, overhead, administrative services and other corporate costs and fees, including transaction fees for credit card usage.
The Enhanced-Mind provider practicing through the secure platforms also compensate for the use of the Enhanced-Mind technology and for administrative fees. Part of your payment for the use of the Services, accounted for separately, is remitted to the Provider for the direct counseling services provided to you. Enhanced-Mind does not participate, split, or take a percentage of this payment to the Counselor. Regardless of any payments made, Enhanced-Mind does not hold itself out as your direct provider of Counseling services as that is the role of your licensed, network accredited therapist. You agree to pay all fees and charges associated with your interactions and sessions on a timely basis in accordance with the fee schedule, and the terms and rates published by Enhanced-Mind periodically. You agree to maintain valid payment prior to session commencement. Enhanced-Mind does not keep nor record credit details through its website.
Enhanced-Mind does not directly employ the Counselors through its service. Enhanced-Mind facilitated a modern, digital health space wherein a consumer can choose to use the service provided. Enhanced-Mind follows and adheres to “NCQA” standards. The National Committee for Quality Assurance (NCQA) which is an independent 501(c)(3) non-profit organization in the United States that works to improve health-care quality through the administration of evidence-based standards, measures, programs, and accreditation.
Verification of licensure. The counselor holds a valid, current license to practice which is verified directly from the country licensing agency.
Verification of proper education and degree.
Verification of any applicable specialized training. Written verification is needed for the completion of any specialized training the practitioner has received from the school or training program that provided the training.
Your relationship with the Counselor is strictly with the Counselor. Enhanced-Mind is not involved in the Counselor-patient relationship and does not interfere, validate or control the Counselor’s assessments unless advocating on behalf of You when following up on a particular complaint. All that stated, you are always advised to exercise a high level of care and caution in the use of Enhanced-Mind system, as you would 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 Counselor or by using or combining Enhanced-Mind with traditional face-to-face appointments; solely because of information you saw on the Enhanced-Mind website or advice you received through an Enhanced-Mind system Counselor. Enhanced-Mind supports an all-inclusive approach to mental health and the choices You have to create the best mindful journey that matches your individual needs.
All of the content available on or through the Service is the property of Enhanced-Mind or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the network to any third party. All software and accompanying documentation made available for download from the system is the copyrighted work of Enhanced-Mind or its licensors. Any copy made of information obtained through the system must include all applicable copyright notices.
” Enhanced-Mind ” is a copyrighted term. All rights reserved. Subject to the terms of this Agreement, Enhanced-Mind hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network systems, content and documentation on and in the system to the extent, and only to the extent, necessary to access and use the system.
The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the system 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 system; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the system to any third party or use the system to provide service bureau, time sharing or other services to third parties.
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. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ENHANCED-MIND DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, ENHANCED-MIND 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 SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SYSTEM OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SYSTEM CAUSED BY YOU OR ANY PERSON DURING YOUR COMMUNICATIONS. ENHANCED-MIND 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 SYSTEM.
Limitations of Liability
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SYSTEM. UNDER NO CIRCUMSTANCES SHALL ENHANCED-MIND, ANY ENHANCED-MIND LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SYTEM OR PROVIDES YOU WITH A LINK TO THE SYTEM BE LIABLE IN ANY WAY FOR YOUR USE OF THE SYSTEM 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.
UNDER NO CIRCUMSTANCES SHALL ENHANCED-MIND, ITS LICENSORS OR SUPPLIERS OF NON-MEDICAL/ MENTAL HEALTHCARE SERVICES OR ANY THIRD PARTY WHO PROMOTES THE SSYTEM OR PROVIDES YOU WITH A LINK TO THE SYTEM, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SYTEM, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF ENHANCED-MIND OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 or may not apply to you.
Global Practice and The GDPR
The basic tenants of the promulgated GDPR regulations include, but are not limited to the following:
Access to collected data: At Enhanced-Mind, you have the ability to request your data (Your personal information and all your interactions with your Counselor) and use it as you wish.
Clear Consent: At Enhanced-Mind our Terms of Service are clear on what consent we seek with regards to your data and prior to your engagement with your Counselor, you review and agree to a further “informed consent” process.
Security: At Enhanced-Mind we have encrypted our data and use HIPAA compliant software in accordance with HIPAA compliance and in an anonymized form as required by the GDPR.
Notice/Audit: At Enhanced-Mind, we will provide our users notice of any data breach, as well as engaging a third party security firm to constantly check systems code and technology security as well as our HIPAA policies and procedures around data security.
Enhanced-Mind may suspend or cancel your access to the system at any time, for any reason or for no reason at all. Enhanced-Mind has the right (but not the obligation) to refuse to provide access to the system to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Enhanced-Mind reserves the right to change, suspend, or discontinue all or part of the system, temporarily or permanently, without prior notice.
You affirmatively consent to the fact that Enhanced-Mind’s Counselor will review, as needed, review your particular “Session discussions” in a HIPAA/HITECH approved de-identified form for the following purposes:
During your initial consultation and during the Counselor session ascertain, you are able to successfully engage with the Counselor. This access to only de-identified information may be accomplished using the Enhanced-Mind system;
Your consent to Enhanced-Mind recording your interactions for review and quality assurance.
You agree to grant Enhanced-Mind permission to have your Counselor intermittently suggest non-content-based reviews of your progress to Enhanced-Mind. You understand that Enhanced-Mind provides the Counselor with tools that serve to provide information on your well-being; and that results can be shared with your Counselor to discuss with you.
You acknowledge that Enhanced-Mind must store all personal data as required by law, for a required jurisdiction period of time and may not delete such medical records data, even upon your direct request.
Any disagreement through the system or any claim relating in any way to your use of the Enhanced-Mind system will be resolved by binding confidential arbitration, rather than in court, if at all. This will first be based on a review of the user interaction with the Enhanced-Mind system and to be solely determined by Enhanced-Mind if any disagreement has arisen. If determined that no such fault has occurred through the Enhanced-Mind system and based on misinformation provided by the user of the Enhanced-Mind system, than any claim a user requests to bring forth is summarily dismissed and no further action may be taken.