Terms and Conditions
Last Updated: 03-Sep-2024

1. Introduction
Welcome to CalmAlly ("Platform", "we", "us", or "our"). These Terms and Conditions ("Terms") govern your use of our online mental health therapy platform. By accessing or using our Platform, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Platform.

2. Definitions
"Client" refers to any individual who uses the Platform to seek mental health services.
"Professional" refers to any mental health professional who provides services through the Platform.
"Services" refers to the online counseling, therapist matching, appointment scheduling, self-help content, and any other services provided through the Platform.
"Content" refers to all information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, or other materials available on the Platform, whether posted, generated, provided or otherwise made available by us, our licensors, or our users.

3. Services
   1. Our Platform provides a comprehensive suite of mental health services and content, including but not limited to: a) Online counseling b) Matching clients with therapists c) Scheduling appointments d) Self-help resources e) Educational content f) Interactive tools for mental health management g) Community forums (subject to moderation)
   2. Online Counseling: We facilitate connections between Clients and independent mental health Professionals for online therapy sessions. These sessions may be conducted via video, audio, or text-based chat, depending on the preferences of the Client and Professional.
   3. Therapist Matching: Our platform uses advanced algorithms to match Clients with suitable Professionals based on various factors including but not limited to expertise, specialization, Client preferences, and availability.
   4. Appointment Scheduling: We provide a user-friendly interface for Clients to schedule, reschedule, or cancel appointments with Professionals.
   5. Self-Help Resources: Our platform offers a wide range of self-help resources including articles, videos, podcasts, and interactive exercises designed to support mental health and wellbeing. This content is for informational purposes only and does not constitute professional advice.
   6. Educational Content: We provide educational materials on various mental health topics, including but not limited to mental health conditions, treatment approaches, coping strategies, and wellness practices. This educational content is designed to increase mental health literacy and awareness.
   7. Interactive Tools: We provide various interactive tools such as mood trackers, journal prompts, and goal-setting features to help Clients manage their mental health between therapy sessions.
   8. Community Forums: Our moderated community forums allow users to share experiences and support each other. All forum interactions are subject to these Terms and our Community Guidelines.
   9. We are solely a platform connecting Clients with independent Professionals and providing supplementary mental health resources and educational content. We do not provide therapy services directly.
   10. All Content provided on the Platform, including educational materials, self-help resources, and user-generated content in community forums, is for informational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment.
   11. The Company reserves the right to modify, add, or remove any Services or Content at any time without prior notice.

 

4. Eligibility and Registration
   1. You must be at least 18 years of age to use our Platform.
   2. By using the Platform, you represent and warrant that you are at least 18 years old and able to form legally binding contracts under applicable law.
   3. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
   4. You are responsible for safeguarding the password that you use to access the Platform and for any activities or actions under your password.
   5. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

5. User Conduct
   1. You agree not to use the Platform:
      1. In any way that violates any applicable national or international law or regulation.
      2. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
      3. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful.
      4. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation.
   2. You specifically agree not to: a) Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform. b) Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform. c) Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent. d) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.

6. Intellectual Property
   1. The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, educational materials, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
   2. These Terms permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows: a) Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials. b) You may store files that are automatically cached by your Web browser for display enhancement purposes. c) You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution. d) If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
   3. You must not: a) Modify copies of any materials from the Platform. b) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. c) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.
   4. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company.

7. Privacy Policy
   1. Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy, which also governs the Platform and informs users of our data collection practices.

8. Professional Services
   1. All Professionals on our Platform are independent contractors and not employees of CalmAlly.
   2. While we strive to ensure the quality of our Professional network, we do not guarantee the quality of therapy or the matching process. The Platform's role is limited to facilitating the connection between Clients and Professionals and providing supplementary resources.
   3. The Platform offers a 15-minute free introductory session with Professionals. This is limited to a maximum of 2 sessions per new Client.
   4. Clients are solely responsible for evaluating and determining the suitability of any Professional, service, or content.
   5. Any information or advice provided by Professionals through our Platform is the sole responsibility of the respective Professional. The Company does not guarantee the accuracy, completeness, or usefulness of any information provided by Professionals and is not responsible for any errors or omissions in the information received from them.

9. Payments and Fees
   1. We use a third-party payment processor to handle all payments on the Platform.
   2. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Platform.
   3. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
   4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
   5. We reserve the right to refuse any order placed through the Platform. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
   6. Prices for our Services are subject to change without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

10. User-Generated Content and Prohibited Activities
   1. The Platform may include features that allow users to post, submit, publish, display, or transmit content or materials (collectively, "User Content").
   2. By providing any User Content on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, worldwide, non-exclusive, royalty-free, transferable, sub-licensable right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
   3. You represent and warrant that: a) You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. b) All of your User Content does and will comply with these Terms of Service and all applicable laws and regulations.
   4. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
   5. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Platform.
   6. Prohibited Activities: In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, users shall not host, display, upload, modify, publish, transmit, update or share any information that: a) Belongs to another person and to which the user does not have any right. b) Is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force. c) Is harmful to children. d) Infringes any patent, trademark, copyright or other proprietary rights. e) Violates any law for the time being in force. f) Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact. g) Impersonates another person. h) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation. i) Contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource. j) Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
   7. Removal of Content: We have the right to: a) Remove or refuse to post any User Content for any or no reason in our sole discretion. b) Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for the Company. c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform. e) Terminate or suspend your access to all or part of the Platform for any violation of these Terms.
   8. Time Frame for Content Removal: In compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, upon receiving actual knowledge in the form of an order by a court of competent jurisdiction or on being notified by the appropriate Government or its agency that unlawful content has been posted on our platform, we shall remove or disable access to such content within 36 hours from the receipt of such order or notification.
   9. Grievance Redressal Mechanism: In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, we have established a Grievance Redressal Mechanism. If you have any complaints regarding content on the Platform, including those related to the violation of these Terms or privacy concerns, please contact our Grievance Officer at:

Name: Ankit Agrawal
Email: support@calmally.in
Phone: +91-8700788842

   10. The Grievance Officer shall acknowledge the complaint within twenty-four hours and resolve it within fifteen days from its receipt.
   11. We reserve the right to monitor all User Content and to remove any User Content at any time and for any reason without notice. We do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

11. Disclaimer of Warranties
   1. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
   2. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM.
   3. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
   4. The Company does not warrant that the Services will meet your requirements or that the Services will be uninterrupted, timely, secure, or error-free.
   5. The Company does not warrant the accuracy, completeness, reliability, or effectiveness of any self-help content, interactive tools, or other resources provided through the Platform.
   6. The Company does not warrant the accuracy, completeness, or effectiveness of any educational content provided through the Platform. Educational materials are provided for informational purposes only and should not be considered a substitute for professional medical advice, diagnosis, or treatment.

12. Limitation of Liability
   1. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
   2. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
   3. IN ANY EVENT, OUR TOTAL LIABILITY FOR ALL CLAIMS MADE ABOUT THE SERVICE IN ANY MONTH WILL BE NO MORE THAN WHAT YOU PAID US FOR THE SERVICE THE MONTH BEFORE.
   4. The Company is not liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
   5. The Company is not responsible for the quality, timing, or appropriateness of therapy provided by independent Professionals on our Platform.
   6. The Company is not liable for any injury, loss, or damage that may result from the use or misuse of the educational content or self-help resources provided on the Platform.

13. Indemnification
   1. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your User Content, any use of the Platform's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.

14. Emergency Situations
   1. Our Platform does not provide emergency mental health services.
   2. If you are experiencing a mental health emergency or are at risk of self-harm, please contact your local emergency services immediately or use appropriate crisis resources.
   3. THE COMPANY IS NOT LIABLE FOR ANY HARM RESULTING FROM ANY USER'S DECISION TO SEEK OR NOT TO SEEK EMERGENCY SERVICES.

15. Termination
   1. We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
   2. If you wish to terminate your account, you may simply discontinue using the Platform.
   3. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

16. Governing Law and Jurisdiction
   1. These Terms and your use of the Platform will be governed by and construed in accordance with the laws of India, including but not limited to the Information Technology Act, 2000 and the rules made thereunder.
   2. You agree that any legal action or proceeding between you and the Company shall be brought exclusively in a court of competent jurisdiction located in Noida, India.

17. Dispute Resolution
   1. Any dispute arising out of or relating to these Terms, including their formation, interpretation, breach, or termination, shall be settled by binding arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996.
   2. The arbitration shall take place in Noida, India, in the English language.
   3. The decision of the arbitrator shall be final and binding on both parties.

18. Changes to Terms
   1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
   2. By continuing to access or use our Platform after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform.

19. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

20. Entire Agreement
These Terms, our Privacy Policy, and any other legal notices published by us on the Platform shall constitute the entire agreement between you and us concerning the Platform.

21. Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

22. Assignment
22.1. The Company may assign or transfer these Terms, in whole or in part, without restriction.
22.2. You may not assign or transfer your rights under these Terms without the Company's prior written consent.

23. Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

24. Notices
24.1. Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to support@calmally.in).
24.2. The date of receipt will be deemed the date on which such notice is transmitted.

25. Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis.

26. Contact Information
Questions about the Terms of Service should be sent to us at support@calmally.in.
By using Calmally, you acknowledge that you have read and understood these Terms and agree to be bound by them.