Legal Conditions of the Platform

Introduction and information about Mential

Please read these Conditions, our Cookie Policy and our Privacy Policy carefully before using this website. By using this website or contracting a service through it, you consent to be bound by these General Contracting Conditions and our Privacy Policies. If you do not agree with everything set out in the General Contracting Conditions and the Privacy Policies, you must not use this website. If you have any questions related to the General Contracting Conditions or the Privacy Policies, you can contact us through the contact channels indicated in the following section. The contract is concluded with MENTIAL HEALTH TECHNOLOGIES S.L., a Spanish company with registered office at C/ Sueños, 5 Portal 5, 4º-C, 28100, Alcobendas, Madrid, and B44859536, registered in the Commercial Registry of Madrid 186/473 entry 1/2023/46079,0, sheet M-786403, on 15/03/2023.

You can contact us by phone +34 669 80 72 32 or by email at info@mential.io

Purpose of Mential

MENTIAL HEALTH TECHNOLOGIES S.L. offers an online platform, accessible through the Mential web portal (www.mential.io) or the mobile application, owned by Mential, made available to users from: the Internet; clients of Mential partners who are beneficiaries of such partners' programmes ("Partner Programmes"); and employees of Mential client companies (i.e. beneficiaries of a company programme where the company pays for the full services for its workers or provides workers with a discount code). Such workers are beneficiaries of company programmes ("Enterprise Programmes"). MENTIAL HEALTH TECHNOLOGIES S.L. makes the platform available to these users who are interested in sharing, through it, their concerns and interests with psychologists, qualified psychology professionals ("Psychologists") to obtain psychological assistance services from them. Users and Psychologists are referred to as "Non-professional Users" and "Professional Users". Likewise, Mential's objective is to provide practice management services to professional users, as well as a public directory of professionals and online consultation. It also provides non-professional users with the possibility of accessing the psychology services offered on Mential by professional users. It also serves as a means of disseminating topics generally related to the field of psychology.

Nature of the platform and healthcare limitations

Mential is a digital clinical support platform (Digital Therapeutic, DTx) that provides structured and personalised psychological interventions through the use of artificial intelligence supervised by qualified professionals. The therapies offered through Mential are supervised digital psychological treatments and do not constitute, in their current state, an automated medical device. Mential does not currently have CE marking in accordance with Regulation (EU) 2017/745 on medical devices (MDR). Therefore, the platform acts as a support and monitoring tool but does not replace the professional judgement of the psychologist nor face-to-face therapies when necessary. In all cases, human professional supervision is mandatory and final therapeutic decisions rest with the responsible psychologist.

Language

The contract is formalised in Spanish.

Contract records

Concluded contracts, as well as clinical reports, will be retained for a period of 5 years.

General terms and conditions of use

Non-professional users must distinguish between the services provided to them by professional users, through the platform, and Mential's services: The services of professional users are offered and provided exclusively by them, on their own behalf; Mential only makes the technical means available to internet users, professionals and non-professionals, to host and enable the management of such services and to facilitate and manage, on behalf of the professional user, the collection of their services. Therefore, only professional users are responsible for any claim by non-professional users or third parties in relation to their services or conduct in general. Mential is completely unrelated to the provision of services by professional users or their conduct.

IF YOU CONSIDER THAT YOUR MENTAL OR PHYSICAL HEALTH IS AT RISK, IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU MAY ACT IN A WAY THAT PUTS YOUR HEALTH OR THAT OF THIRD PARTIES AT RISK OR UNDERSTAND THAT ANY OTHER PERSON MAY BE IN ANY DANGER; OR IF YOU HAVE ANY MEDICAL, PSYCHOLOGICAL OR PSYCHIATRIC EMERGENCY, YOU MUST CONTACT A MEDICAL CENTRE OR EMERGENCY SERVICE IMMEDIATELY.

Definition of platform, Content and Services

For the purposes of these Conditions, platform shall mean: the external appearance of the screen interfaces, both static and dynamic, i.e. the navigation tree; and all elements integrated both in the screen interfaces and in the navigation tree (hereinafter, "Content") and all those online services or resources that may be offered to Users (hereinafter, "Services"). Mential reserves the right to modify, at any time and without prior notice, the presentation and configuration of the platform and of the Content and Services that may be incorporated therein. The User acknowledges and accepts that at any time Mential may interrupt, deactivate and/or cancel any of these elements that are integrated into the platform or access to them. Mential does not guarantee the continuity, availability and usefulness of the platform, nor of the Content or Services. Mential will do everything possible for the proper functioning of the platform; however, it does not accept responsibility nor guarantee that access to it will be uninterrupted or error-free.

In particular, Mential disclaims all liability for, among others: acts or omissions of users, who are solely responsible for them; the accuracy of advertisements or sponsored content on Mential; the adequacy of Mential to the needs or expectations of Users; the level of satisfaction, quality of life, profit or profitability or the absence of losses or damages as a result of Users' use of Mential; the veracity, accuracy and validity of the data corresponding to Users; the solvency and technical, commercial, moral or financial reliability of Users; the lawfulness, accuracy, veracity and validity of what is stated by Users; the conclusion, proper performance or regularity of contracts or agreements between professional and non-professional users; adequate storage, preservation or non-loss of Users' content on Mential; the impossibility of access to the website; the presence of viruses or other elements in the content that may cause alterations to computer systems, electronic documents or User data; non-compliance with laws, good faith, public order and traffic uses and this legal notice as a consequence of incorrect use of the Platform. THE SERVICES AND INFORMATION CONTAINED ON THE PLATFORM OF WHICH MENTIAL IS THE ORGANISER ARE OFFERED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND. YOU USE THE SERVICES AT YOUR OWN RISK.

Use of artificial intelligence

Mential uses artificial intelligence algorithms and predictive models that analyse clinical, behavioural and application usage information to personalise interventions and improve therapeutic effectiveness. All results generated by the AI are reviewed and validated by a qualified psychologist before forming part of active treatment. In no case are automated clinical decisions made without human supervision. The use of AI is part of the provision of the digital therapeutic service and is covered by the legal bases provided for in the GDPR and in Law 41/2002 on Patient Autonomy. Mential does not replace the professional practice of the psychologist but does actively participate in the digital supervision of treatments through the provision of technological tools, data processing and validated clinical algorithms. Qualified psychologists who use the platform act under their own professional licences, and Mential guarantees that all therapeutic activities are carried out within the current ethical and legal framework.

Access and navigation on the platform

Use of any of the Content or Services of Mential may require prior subscription or registration by the User. Access, navigation and use of the platform, as well as the spaces enabled for interaction between Users, and the User and Mential, such as comments and/or private user areas, confers the status of User, so all the Conditions set out here are accepted from the start of navigation on the platform, as well as any subsequent modifications. The Mential platform provides a great diversity of information, services and data. The User assumes responsibility for making correct use of the platform. Mential may temporarily suspend services for maintenance, technical updates or security improvements. In no case will such suspensions result in loss of clinical data or affect therapeutic continuity.

Collection of device data and geolocation

With the user's explicit consent, the Mential application may collect information on: geographical location (GPS); time and frequency of use of the mobile device and the application; digital interactions (e.g. pauses, response speed or connection habits). These data are used exclusively to personalise psychological treatment, generate supervised clinical alerts and improve the therapeutic experience. The patient may revoke this consent at any time from the application or by contacting the Data Protection Officer (dpo@mential.io). Withdrawal of consent will not affect access to the rest of the application's functionality or ongoing digital treatment.

Communications

All communications between the parties must be in writing, whether by post, chat or email sent, in the case of Mential, to the addresses indicated in the Legal Notice. Communications to the User may be made to the contact details provided by the User and also by publishing a notice in the form of a banner or other type to notify of certain changes. Communications made by letter with acknowledgement of receipt and those made by telegram, chat or email shall be deemed duly delivered and received when their receipt can be accredited. Any communication sent to the addresses provided by Users shall be deemed correctly made, unless they have previously notified Mential of a change of address with a minimum of 15 working days' notice.

Recording of sessions and therapeutic use

With the patient's explicit consent, Mential may record video call sessions between the psychologist and the patient, in order to analyse clinical markers of voice, text and emotion that help personalise the therapy. Recordings are processed under strict security measures, with exclusive access by the responsible professional and the authorised clinical team. The patient may revoke this consent at any time without affecting the development of digital treatment. Recordings will be retained for a maximum of five (5) years and will be deleted or anonymised after clinical use, in accordance with the GDPR and the LOPDGDD.

Warnings regarding the use of communications

Non-professional users must distinguish between the services provided by professional users, through the Communications, and Mential's services: The provision of services is carried out by professional users to non-professional users. The Communications are offered and provided exclusively by professional users, on their own behalf; Mential does not provide professional services but is a tool that facilitates therapies between Psychologists and Patients. Mential only brings Psychologists and Patients into contact and also provides them with the technical means to make those Communications possible. Therefore, only professional users are responsible for any claim by non-professional users or third parties in relation to the Communications or the conduct of the Psychologists in general. The platform may not be used for any medical activity nor for those tasks of diagnosis, treatment or monitoring of pathologies or psychological problems that require qualifications that Psychologists do not have or face-to-face therapy.

THEREFORE, THE COMMUNICATIONS ARE NOT INTENDED FOR MEDICAL DIAGNOSIS, THE PRESCRIPTION OF MEDICATION, OR FOR THE PROVISION OF PSYCHOLOGY SERVICES THAT REQUIRE EXCLUSIVELY FACE-TO-FACE CONTACT BETWEEN PATIENT AND PSYCHOLOGIST. IF YOU ARE SEEKING OR NEED THAT TYPE OF MEDICAL SERVICE OR PSYCHOLOGICAL CARE THAT REQUIRES FACE-TO-FACE CONTACT, YOU MUST REFRAIN FROM USING THE PLATFORM AND CONTACT A MEDICAL CENTRE OR EMERGENCY SERVICE IMMEDIATELY.

Mential's position of neutrality and exclusion of liability in relation to Communications

In relation to the Communications, Mential will limit itself to being an intermediation service provider for the hosting and linking of content (mainly, the Communications). Mential does not exercise any control or supervision over the content of the communications. Content uploaded or published by Users, including the Communications, are created, hosted and shared by Users. Mential therefore assumes no responsibility for them. The user exempts Mential from any liability in relation to their participation in the Communications or the use of content created by other Users. Mential has no obligation to verify the credentials, qualifications or quality of professional users or the services they provide to non-professional users. Professional users are not employees, collaborators or representatives of Mential but are independent service providers who only use the Platform to provide their professional services to non-professional users and obtain consideration in return. Users accept that any legal action or civil liability that they seek to obtain for acts or omissions of professional or non-professional users or third parties must be directed exclusively against them and not against Mential. Mential may withdraw, cancel and/or report to the competent authorities any acts, omissions or content of Users that are contrary to the Contractual Relationship, the legal system or the rights of third parties; cancel the account of any User who has committed such acts or omissions; and reserves the right to maintain or reinstate content or an account if it is shown that the request has been false or abusive.

Written communications

Applicable regulations require that part of the information or communications we send you be in writing; however, by using this website you accept that most of such communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that any contract, notice, information and other communications that we send you electronically comply with the legal requirements for being in writing. This condition will not affect your rights recognised by law.

Registration

Registration on the Platform through the platform www.mential.io or through the mobile application is necessary to receive the service as well as, where applicable, for the navigation and use of certain functionalities in the different sections of the platform or the mobile application. Specifically, users may register by email and password. The collection, processing and purpose of use of personal data shall be governed by the provisions in this Legal Notice and in the Platform's Privacy Policy. Mential may enable other means of registration. To use the Platform hosted on the platform www.mential.io or its mobile application, you must have internet access and a compatible device. The User who has created an account on the Platform must maintain control over it, preventing access by third parties. The User must not disclose to anyone the password or account details or the associated payment method. The User must be careful with any communication asking them to send credit card, payment method or, in general, account information. You should always access your information directly from any of the linked web portals or from the official mobile application and not through a hyperlink in an email. We may cancel your account or block it for security reasons.

Price of the service

Therapy will be subject to and exempt from VAT; however, other services may be subject to this tax. Prices shown include the legally applicable Value Added Tax (VAT) and are indicated in euros. The applicable VAT rate will be that legally in force at any time. For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT under Article 21 of Law 37/1992. The customer may at any time request that a copy of the corresponding invoice be sent to them by electronic means or on paper, at their choice. Payment for services provided by the professional user will be made through Mential via the payment system or gateway. In any case, payment of the corresponding fee within the agreed period through the payment gateway is liberating for the non-professional user. The price of the services will be charged to users, or in the case of patients benefiting from Enterprise Programmes or Partner Programmes to the Companies and/or Partners, in the periodicity corresponding to the plan chosen and on a continuous basis from subscription, except for cancellation in accordance with this Legal Notice prior to the plan renewal date. The payment system or gateway will be operated by a third party who will be solely responsible to the user for its operation and the processing of their payment data. Non-payment of any due payment will result in Mential being able to suspend your access to the platform and/or the Communications until you obtain a valid payment method. The non-professional user may suspend their subscription at any time and will continue to have access to the Platform and/or the Communications until the end of the billing period. If the Patient wishes to revoke the consent given to the Psychologist in order to end the therapy sessions, they must notify the Psychologist or write to atencion@mential.io. Mential charges professional users for the use of the platform. The fees for professional users' services are set by such users, and Mential has nothing to do with them.

Appointment cancellation policy

To ensure the proper development and effectiveness of the therapy, commitment from both parties is important, ensuring frequent and punctual attendance at the previously established schedule. We understand that one-off unforeseen events may arise in a non-repetitive manner and to ensure therapeutic success and to be fair to the process we have adopted the following policies: Cancellations with less than 24 hours' notice: The patient undertakes to attend therapy sessions regularly and punctually. When it is impossible to attend, they must give a minimum of 24 hours' notice. If notice is given in a shorter period and there is no justified cause or cancellation is repeated with less than 24 hours, they must pay the full price of the session or, if they have paid for the programme, they will lose that session. Non-attendance at the session time: In the event of not attending the appointment without notice for any reason, it will be considered as cancellation and they must pay the full price of the session or, if they have paid for the programme, they will lose that session. In case of delay: Waiting time 15 minutes. Consultation times have been specially programmed for each patient. If the patient is late, the session will have to be shorter (within the 55 minutes established from the scheduled start time) to respect the schedules of subsequent patients. Depending on the delay, it may be determined that there is not enough time to start the therapy. Regardless of the duration of the session, the full price of the session will be paid.

Payment methods

Payment processing services for users on Mential are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service, together the "Stripe Services Agreement". By accepting these terms or continuing to operate as a professional on Mential, you agree to comply with the obligations of the Stripe Services Agreement, which may be modified by Stripe from time to time. For Mential to be able to offer payment processing services through Stripe, you agree to provide Mential with complete and accurate information about you and your business, and authorise Mential to share such information and transaction data related to the use of the payment processing services provided by Stripe.

Particular conditions for promotions and discounts

Mential reserves the right to freely offer any promotions or discounts on the terms and conditions it deems appropriate at any time and reserves the right to modify, in whole or in part, these Conditions at any time.

Duration of the service

The provision of the service has, in principle, an indefinite duration. However, Mential is authorised to terminate or suspend the provision in whole or in part at any time, without prejudice to respect for specifically assumed contractual commitments in exchange for financial consideration and under specific conditions different from this Legal Notice. Termination or suspension of the service in whole or in part will not oblige Mential to give prior notice to Users.

Digital informed consent

Before starting any therapeutic programme, the user must give their digital informed consent within the application. This consent includes acceptance of: Participation in a supervised digital psychological treatment; the use of personal and health data for therapeutic and personalisation purposes; the processing of data by artificial intelligence models under professional supervision; (Optional) The use of recordings or geolocation, if additional consent is given. Acceptance will be recorded digitally with date, time, text version and link to the responsible psychologist. The user may revoke their consent or suspend their treatment at any time from the application or by writing to atencion@mential.io.

Right of withdrawal

The right of withdrawal is regulated in Article 102 of the Consolidated Text of the General Law for the Defence of Consumers and Users, being the right of the consumer and user to render the contract entered into ineffective, notifying the other contracting party within the period established for the exercise of that right, without the need to justify their decision and without any penalty. However, Article 103 of the indicated regulations establishes certain exceptions to this right, applicable to the services provided by Mential. Therefore, the right of withdrawal cannot be exercised if the provision of services has begun, with the prior express consent of the consumer, and with their recognition that they are aware that they have lost their right of withdrawal. The express and informed consent of the consumer is required. It is understood that the provision does not begin until the first session with the professional is held. The start of digital treatment implies the user's informed consent to receive the digital psychological intervention, in accordance with Article 8 of Law 41/2002 on Patient Autonomy. Such consent may be withdrawn at any time, although this will result in the suspension of the active therapeutic service.

Warranties

The services and information contained on the platform are offered "as is", "as available" and without warranties of any kind, whether implied or express. It is not guaranteed that the services will be available at any given time. Defects or errors will be corrected as soon as possible. It is not guaranteed that the content or software available in or through the services does not contain viruses or other harmful components. It is not guaranteed, in any case, that the result of the use of the services will meet all your requirements. In the case of supervised digital treatments, Mential guarantees that all therapeutic recommendations derived from the AI will be reviewed by a professional before their implementation, guaranteeing the quality and clinical safety of the service.

Limitation of clinical liability

Mential does not replace face-to-face medical or psychological care nor does it constitute an emergency service. In the event of a serious emotional crisis, suicidal ideation or risk to the integrity of the patient or third parties, the user must contact the emergency services or their usual medical centre immediately. Mential does not assume responsibility for the consequences arising from the use of the application outside the described therapeutic purposes or without professional supervision.

Assignment of the contract

Neither the Patient nor the Psychologist may assign the Contractual Relationship, in whole or in part, and the rights or obligations derived from it, except with the prior express written authorisation of Mential. Mential (or whoever operates the Platform at any time) may assign the Contractual Relationship, in whole or in part, and all or some of the rights or obligations derived from it to any third party of their choice, without prior authorisation from Users or prior communication to them, which will entail the possibility of assigning to that third party the corresponding Personal Data for the exploitation of those rights or the fulfilment of the Contractual Relationships in which that third party is subrogated as a consequence of the assignment with the scope provided for in the published Privacy and Cookie Policy.

Our right to modify these conditions

We reserve the right to modify these Terms and Conditions. We will keep you informed of any substantial changes made to them. They will not have retroactive effect and, except for possible exceptions depending on the specific case, they will apply 10 days after the date of their publication in the corresponding notice. If you do not agree with the modifications introduced, we recommend that you do not use our website.

Users

Users must be of legal age and have full legal capacity to use the Platform. Use of the platform by minors is expressly prohibited. Users undertake to make appropriate use of the Communications and the Platform. The mere access to this platform does not imply establishing any type of commercial relationship between Mential and the User. The platform is mainly aimed at Users resident in Spain. Mential does not guarantee that the platform complies with the legislation of other countries, either in whole or in part.

Reservation of domain

Ownership of the service will be transferred upon full payment of the price.

Events beyond our control

We shall not be liable for any failure or delay in the performance of any of the obligations assumed when this is due to events caused by force majeure. Force majeure shall include any act, event, failure to act, omission or accident beyond our reasonable control. The obligations will be suspended for the period during which the force majeure continues, and we will have an extension of the period to fulfil such obligations for a period of time equal to the duration of the force majeure. We will use all reasonable means to end the force majeure or to find a solution that allows us to fulfil our obligations despite the force majeure.

Intellectual and industrial property

You acknowledge and consent that all copyright, registered trademarks and other industrial and intellectual property rights over the materials or content that are provided as part of the website belong to us at all times or to those who have granted us a licence for their use. You may only use such material in the manner in which we or those who have granted us a licence have expressly authorised you. This will not prevent you from using this website to the extent necessary to copy the information about your order or Contact data.

Viruses, piracy and other computer attacks

You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs or any other technologically harmful or damaging program or material. You must not attempt to gain unauthorised access to this website, the server on which the website is hosted or any server, computer or database related to our website. You undertake not to attack this website through a denial-of-service attack or a distributed denial-of-service attack. Failure to comply with this clause could lead to the commission of offences under the applicable regulations. We will report any breach of such regulations to the competent authorities and cooperate with them to discover the identity of the attacker. Likewise, in the event of breach of this clause, you will immediately cease to be authorised to use this website. We shall not be liable for any damage or loss resulting from a denial-of-service attack, virus or any other technologically harmful or damaging program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or the download of content from it or from those to which it redirects.

Links from our website

In the event that our website contains links to other websites and third-party materials, such links are provided for informational purposes only, without us having any control over the content of such websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from their use.

Waiver

Failure on our part to require strict performance by you of any of the obligations assumed by you under a contract or these Conditions or failure on our part to exercise any of the rights or actions that may correspond to us under such contract or the Conditions shall not constitute a waiver or limitation of such rights or actions nor shall it exempt you from complying with such obligations. No waiver on our part of a specific right or action shall constitute a waiver of other rights or actions derived from a contract or the Conditions. No waiver on our part of any of these Conditions or of the rights or actions derived from a contract shall take effect unless it is expressly stated to be a waiver and is formalised and communicated to you through the various contact channels that you have provided to us.

Partial nullity

If any of these Conditions or any provision of a contract were declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of nullity.

Applicable legislation

The use of our website and the contracting of services through this website shall be governed by Spanish legislation. These General Conditions are subject to and shall be governed by the laws of Spain. The parties submit, for the resolution of conflicts and with waiver of any other jurisdiction, to the Courts and Tribunals of the consumer's domicile.

Comments, suggestions, complaints and claims

Your comments and suggestions will be welcome. Please send such comments and suggestions, as well as any queries, complaints or claims through our contact form, by phone or to the postal or email address indicated in Clause 2 of these General Contracting Conditions. In addition, we have official complaint forms available to consumers and users. You can request them by calling +34 669 80 72 32 or through our email form info@mential.io. Your complaints and claims to our customer service will be dealt with as soon as possible and, in any case, within a maximum period of one month. If you as a consumer consider that your rights have been infringed, you can send us your complaints to the email address adrian.benito@mential.io in order to request an out-of-court resolution of disputes.

Acceptance of the Legal Conditions

The mere use of the Platform automatically implies full and unreserved acceptance by the User of each and every one of these Legal Conditions in the version published by Mential at any time. Consequently, the User must read the Legal Conditions periodically to be aware of any variations, which will not necessarily be notified. In addition to the Legal Notice, those other general and/or particular conditions that Users subscribe to in relation to the use of certain resources and/or content made available to them on the platform shall apply. If a conflict arises between this Legal Notice and other conditions specified for a specific area or service of the Platform, the latter shall prevail with regard to the use or access to that area or service of the Platform. Likewise, in the event of any contradiction between any particular and general conditions, the particular conditions shall prevail. The set of terms and conditions resulting from the Legal Notice and the various general and particular conditions applicable to each User in relation to the service shall be known as the "Contractual Relationship".

Nature of the Mential service

Mential is a digital clinical support platform and does not replace face-to-face therapies or specialised medical follow-up when necessary. The application offers digital therapies supervised by qualified psychologists, based on validated artificial intelligence and evidence-based clinical models. In no case should Mential's services be used as a substitute for urgent medical care or in emergency situations. This clause was last updated in June 2023. Terms and Conditions v1_2023