Terms & Conditions

Last updated: 25 August 2023 · JOETER CONSULTING LLP (LLPIN: ACC-6688), Kochi, Kerala, India

1. Introduction & Acceptance

Welcome to ElloMind, operated by Joeter Consulting LLP. These Terms and Conditions ("Terms") govern your access to and use of the ElloMind website, mobile applications, and all related services (collectively, the "Platform").

By creating an account, booking a session, or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Platform.

We may update these Terms from time to time. Continued use of the Platform after changes are posted constitutes acceptance of the revised Terms. We will notify you of material changes via email or a prominent notice on the Platform.

2. Definitions

• "Client" or "User" means any individual who registers for, accesses, or uses the Platform to seek therapy, counselling, or related services.
• "Therapist" or "Provider" means a licensed, registered, or qualified mental health professional who offers services through the Platform.
• "Content" means all text, images, audio, video, educational materials, blog posts, assessments, and other information made available on or through the Platform.
• "Client Data" means all personal information, health records, session notes, and any other data provided by or collected from a Client in connection with the services.
• "Corporate Client" means any organisation, employer, or entity that engages ElloMind to provide mental health services or employee assistance programmes for its members or employees.
• "Third-Party Processors" means external service providers engaged by ElloMind to process data on its behalf, including but not limited to payment gateways, cloud hosting providers, video conferencing platforms, and analytics services.

3. Eligibility & Accounts

To use the Platform, you must meet the following requirements:

• You must be at least 18 years of age to create an account and use the services independently.
• Users between the ages of 13 and 17 may use the Platform only with the documented consent and ongoing involvement of a parent or legal guardian.
• You must provide accurate, current, and complete information during registration and keep your account details up to date.
• You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
• You must not create multiple accounts, share your account with others, or allow any third party to access your account.
• ElloMind reserves the right to suspend or terminate accounts that violate these Terms or provide false or misleading information.

4. Nature of Services

ElloMind is a technology-enabled platform that connects clients with independent, qualified mental health professionals for therapy and counselling services delivered online or in-person.

5. Consent to Data Processing

By using the Platform, you consent to the collection, processing, storage, and transfer of your personal data as described in our Privacy Policy and in accordance with applicable law, including:

• The Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 ("SPDI Rules").
• The Digital Personal Data Protection Act, 2023 ("DPDP Act") and any rules framed thereunder.
• General Data Protection Regulation ("GDPR") principles, to the extent applicable to users located in the European Economic Area or the United Kingdom.

Types of Data Processed

• Identity data: name, age, gender, contact information.
• Health data: mental health history, session notes, assessment results, treatment plans.
• Technical data: IP address, device information, browser type, usage patterns.
• Financial data: payment method details (processed by secure third-party gateways).
• Communication data: messages, feedback, and support requests.

Legal Bases for Processing

We process your data based on one or more of the following legal grounds: your explicit consent, performance of a contract (providing the services you requested), compliance with legal obligations, and our legitimate interests in operating and improving the Platform.

6. AI Features

ElloMind may incorporate artificial intelligence and machine learning features to enhance user experience, including but not limited to session matching, content recommendations, mood tracking insights, and automated administrative functions.

7. Privacy & Security

Protecting your data is central to our operations. We implement the following safeguards:

• Role-based access control: Client data is accessible only to your assigned Therapist and authorised administrative personnel on a need-to-know basis.
• Encryption: All data is encrypted in transit (TLS 1.2+) and at rest using industry-standard encryption protocols.
• Vulnerability management: We conduct regular security assessments, penetration testing, and code reviews to identify and address potential vulnerabilities.
• Third-party vetting: All Third-Party Processors are evaluated for compliance with applicable data protection standards before engagement.
• Breach notification: In the event of a data breach that may affect your personal data, we will notify you and the relevant authorities within the timeframes required by applicable law (72 hours under GDPR, as soon as practicable under Indian law).

8. Your Data Rights

Subject to applicable law, you have the following rights with respect to your personal data:

• Right of access: Request a copy of the personal data we hold about you.
• Right to correction: Request correction of inaccurate or incomplete data.
• Right to deletion: Request deletion of your personal data, subject to legal retention requirements and legitimate business needs.
• Right to withdraw consent: Withdraw your consent to data processing at any time, without affecting the lawfulness of processing carried out before withdrawal.
• Right to data portability: Request your data in a structured, commonly used, and machine-readable format.
• Right to restrict processing: Request that we limit the processing of your data under certain circumstances.
• Right to object: Object to data processing based on legitimate interests or direct marketing.

To exercise any of these rights, please contact us at ellomindindia@gmail.com. We will respond within 30 days of receiving a verified request.

9. Cross-Border Transfers

Your data may be stored and processed on servers located outside India, including in jurisdictions that may have different data protection standards. Where we transfer data internationally, we implement appropriate safeguards, including:

• Standard contractual clauses approved by relevant data protection authorities.
• Ensuring that the receiving jurisdiction provides an adequate level of data protection.
• Obtaining your explicit consent where required by applicable law.
• Implementing additional technical and organisational measures to protect your data during and after transfer.

10. Children & Minors

ElloMind recognises the importance of protecting the privacy and welfare of minors. The following provisions apply:

• Users under 18 years of age must have documented consent from a parent or legal guardian before accessing therapy services through the Platform.
• Parents or guardians retain the right to review their minor child's account information, subject to the child's therapeutic best interests as determined by the assigned Therapist.
• We do not knowingly collect personal data from children under the age of 13 without verifiable parental consent.

11. Pricing, Payments & Taxes

• Pre-payment: All sessions and packages must be paid for in advance before the scheduled appointment.
• Pricing: Current pricing is displayed on our Pricing page. Prices are listed in Indian Rupees (INR) unless otherwise stated.
• Taxes: Applicable taxes (including GST) will be calculated and displayed at checkout. You are responsible for all taxes associated with your purchase.
• Fee changes: ElloMind reserves the right to modify pricing at any time. Price changes will not affect sessions or packages already purchased.
• Payment methods: We accept payments through secure third-party payment gateways. ElloMind does not store your complete payment card details.
• Corporate billing: For Corporate Clients, billing terms will be governed by a separate agreement between ElloMind and the organisation.

12. Booking, Cancellation & Refunds

Packages & Validity

• Session packages are valid for 6 months from the date of purchase unless otherwise specified.
• Unused sessions within a package cannot be transferred to another user.
• Expired packages cannot be refunded or extended unless approved by ElloMind at its sole discretion.

Refund Processing

• Approved refunds will be processed within 5 to 7 working days to the original payment method.
• Refund requests should be directed to ellomindindia@gmail.com.
• ElloMind reserves the right to deny refund requests that do not comply with these Terms.

13. User & Therapist Conduct

Client Responsibilities

• Provide honest and accurate information about your mental health history and current concerns.
• Treat Therapists and ElloMind staff with respect and courtesy.
• Attend sessions on time and in a suitable, private environment.
• Do not record, screenshot, or distribute any part of a therapy session without the explicit written consent of all parties involved.

Prohibited Conduct

• Harassment, abuse, threats, or discriminatory behaviour towards any Therapist, staff member, or other user.
• Misrepresenting your identity, qualifications, or the nature of your concerns.
• Attempting to establish a personal, social, or romantic relationship with your Therapist outside the professional context.

Therapist Obligations

• Therapists must maintain active, valid registration or licensure with the Rehabilitation Council of India (RCI) or equivalent body.
• Therapists must uphold professional conduct standards, confidentiality, and ethical guidelines as prescribed by their regulatory body.
• Confidentiality may be broken only in accordance with legal exceptions, including mandated reporting of child abuse, imminent danger to self or others, or court orders.

14. Intellectual Property

All Content on the Platform, including but not limited to text, graphics, logos, icons, images, audio, video, software, assessments, educational materials, and the overall design and layout, is the property of Joeter Consulting LLP or its licensors and is protected by Indian and international intellectual property laws.

• You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform and its Content for your personal, non-commercial use only.
• You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any Content without prior written permission from ElloMind.
• The ElloMind name, logo, and all related marks are trademarks of Joeter Consulting LLP. Unauthorised use is strictly prohibited.

15. Acceptable Use

You agree not to use the Platform for any unlawful purpose or in any manner that could damage, disable, or impair its operation. Specifically, you must not:

• Upload, transmit, or distribute any content that is unlawful, defamatory, obscene, or infringing on the rights of others.
• Attempt to gain unauthorised access to any part of the Platform, user accounts, or connected systems.
• Use automated scripts, bots, crawlers, or scraping tools to access or extract data from the Platform.
• Interfere with or disrupt the integrity or performance of the Platform or its underlying infrastructure.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Use the Platform to distribute spam, unsolicited communications, or promotional material.
• Reverse engineer, decompile, or disassemble any part of the Platform's software or technology.
• Use the Platform in any way that violates applicable local, state, national, or international law.

16. Disclaimers

To the fullest extent permitted by applicable law, ElloMind disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Any warranty that the Platform will be uninterrupted, error-free, secure, or free from viruses or harmful components.
• Any warranty regarding the accuracy, reliability, or completeness of any Content or information provided on the Platform.
• Any warranty regarding the qualifications, competence, or suitability of any Therapist listed on the Platform.

You acknowledge that the use of therapy services involves inherent risks and that outcomes cannot be guaranteed. ElloMind does not guarantee specific therapeutic results.

17. Limitation of Liability

To the maximum extent permitted by applicable law:

• The aggregate liability of ElloMind (including its partners, employees, and agents) arising out of or in connection with these Terms or your use of the Platform shall not exceed the total amount you have paid to ElloMind in the 12 months immediately preceding the event giving rise to the claim.
• ElloMind shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, loss of goodwill, or emotional distress, regardless of the cause of action or the theory of liability.
• No individual partner, member, officer, or employee of Joeter Consulting LLP shall bear personal liability for any claim arising under these Terms.
• All liability is limited to JOETER CONSULTING LLP as a legal entity only.

18. Indemnity

You agree to indemnify, defend, and hold harmless Joeter Consulting LLP, its partners, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use or misuse of the Platform.
• Your violation of these Terms or any applicable law.
• Your violation of any rights of a third party.
• Any content you submit, post, or transmit through the Platform.
• Any false or misleading information you provide.

19. Termination

• By ElloMind: We may suspend, restrict, or terminate your access to the Platform at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, or conduct that may harm other users or the integrity of the Platform.
• By you: You may stop using the Platform and close your account at any time by contacting us at ellomindindia@gmail.com.
• Effect of termination: Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination (including disclaimers, limitation of liability, indemnity, and governing law) will remain in effect.
• Data after termination: Following account closure, we will retain your data only as required by applicable law or legitimate business needs, after which it will be securely deleted.

20. Governing Law & Disputes

• These Terms shall be governed by and construed in accordance with the laws of India.
• The courts of Kochi, Kerala, India shall have exclusive jurisdiction over any disputes arising under these Terms.
• Before initiating formal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a minimum of 30 days.
• If negotiation fails, any unresolved dispute shall be settled by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a sole arbitrator mutually agreed upon by the parties, and the seat of arbitration shall be Kochi, Kerala.
• The language of arbitration shall be English.
• The arbitrator's award shall be final and binding, and judgment thereon may be entered in any court of competent jurisdiction.

21. Grievance Officer

In accordance with the Information Technology Act, 2000 and the rules made thereunder, the contact details of the Grievance Officer are provided below:

22. Miscellaneous

• Entire agreement: These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and ElloMind with respect to your use of the Platform and supersede all prior agreements and understandings.
• Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
• No waiver: The failure of ElloMind to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of ElloMind.
• Force majeure: ElloMind shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from events beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, cyberattacks, power failures, internet disruptions, or acts of war or terrorism.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without the prior written consent of ElloMind. ElloMind may assign its rights and obligations without restriction.
• Notices: All notices required or permitted under these Terms shall be sent to the contact details provided in Section 21 or to the email address associated with your account.