Terms and Conditions

Mentoly, which is hereinafter called as Executor, on one hand, and any natural person, which has the full civil capacity, which will have accepted (adopted) this offer to conclude the Agreement (Offer), and with own actions will have shown the intention to join this Agreement, hereinafter called as a Client, on another hand, where both are hereinafter called as “Parties” and one of them is separately called as a “Party”, have concluded this Agreement about the provision of psychological services in the online mode (hereinafter referred to as the “Agreement”) about the following:

1. General provisions

1.1. This document is the official Offer (Public Offer) of the business entity ______________ and contains all the important criteria of rendering the services in accordance with the articles 633, 641 of the Civil Code of Ukraine, the same for all counterparties.

1.2. This Agreement is concluded by giving the full and unconditional agreement (acceptance) of the Client to conclude the Agreement in full, without signing a paper copy of the Agreement by Parties.

1.3. Accepting the conditions of this Agreement is also the acceptance by Client of all other agreements, rules, and further changes to the Agreement and other documents published on the Website, which are an inseparable part of this Agreement and which define the process of rendering the services by the Executor.

1.4. The conclusion of this Agreement by the Client with the Executor (accepting this offer) is made by means of consecutive execution of the following actions:

1.4.1. Becoming acquainted with the terms of this Agreement and other agreements and rules, which regulate relations of the Parties, which are published on the Website.

1.4.2. Filling in the form to pay for the services, where a Client indicates the email address (hereinafter the e-mail), phone number, name, and surname. A Client shall indicate only truthful data. The term “truthful data” means the data, which are provided by a Client upon the registration on the Website of the Executor, as well as during making the order of the services, which are necessary to identify a Client.

1.4.3. Making a payment by a Client via an online system of payments Fondy or another system, which is defined by the Executor on the website (an open web app, which allows making payments and transferring money via a mobile phone, Internet, and bank cards).

1.5. Registration on the Website and/or payment via a payment system Fondy in accordance with part 2 of article 642 of the Civil Code of Ukraine is considered the acceptance of the Agreement between a Party, which will have make the payment and the Executor, which proves the fact of its conclusion.

1.6. A Client does not have the right to make a concession or in any other manner pass their rights on this Agreement to any third party without the preliminary written consent of the Executor.

1.7. The Executor has the right on its own discretion and without any prior agreeing with a Client to concede or in any other manner pass the right on this Agreement to third parties, by sending a Client a notice on the corresponding email, which is indicated in the Client’s registration form.

1.8. An Executor has the right to change and amend this Agreement in terms of the process, volume, and conditions of rendering the Services unilaterally by placing corresponding changes or amendments on the Executor’s Website. All changes (amendments) made by the Executor into this Agreement, empower immediately after they are placed on the Website. All additions, changes, and amendments to this Agreement are its inherent and inseparable parts.

2. Terms and definitions

2.1. Services (online services) is the set of informational and consulting services, which are provided by the Executor online on the terms and conditions, which are defined by this Agreement and the Rules of the provision of the services, which are Appendix #1 to this Agreement, as well as a full list of services, which can be rendered by the Executor, which is defined on the Executor’s Website. Online services are not medicinal services; they have informational and consultative nature.

2.2. Website of the Executor is a web page on the Internet having the web address https://www.mentoly.com.ua, using which online services are rendered and which is the official source of information for a Client about the Executor, the provided services, and the cost of such services.

2.3. A personal account is a web page located on the Executor’s Website, to which a Client receives personal access after completing the registration procedure. Via a personal account, a Client is capable of making the appointment to the session, chooses, agrees, and receives services. A Client bears all the risks connected to the usage of the “Personal account” web service by any third party, who does not have the right to use it, with all the consequences of such usage. The Executor, in its turn, after receiving a message from a Client about discovering the case of unsanctioned access to a “Personal account” by unauthorized third parties, is obligated to take all possible reasonable measures to stop the possibility of the usage of the “Personal account” web service by unauthorized parties.

2.4. A psychologist is a partner of the Executor, who directly renders the services to a Client on the basis of Executor’s online system, with whom, in the Client’s interests, the Executor has to conclude or will have concluded a contract for rendering the services; who has the profile higher education; who has the required experience of work in the specialty; who has the qualification in the area and type of the session, during which the services are rendered to a Client.

2.5. Type of services is an individual session; or a session for two (for two people); a seminar; a conference; or a video course. All types of services are rendered online. Such services as seminars and conferences may be rendered on the Client’s territory upon an individual order and with the consequent conclusion of an individual contract.

2.6. Issues of the session are anxiety; depression; panic attacks; psychosomatic complications; food disorders; sleep disturbance; emotional instability; loss of self-respect and self-love; difficulties in establishing and maintaining relationships; transitions and significant changes in life; age crises; decline in creative activity; career stagnation; difficulties in choosing their own path; setting and implementing their own goals; development of emotional intelligence and other issues, which are published on the Executor’s Website.

2.7. A Session is an online time-limited session of communication, which is defined by the terms of this Agreement, of a Client with a psychologist, without the presence of any third parties, including technical personnel, on the issues, which are relevant for a Client, during which a psychologist helps formulate the issue of a Client and delivers help in the solution of this issue using a psychological conversation with the application of psychological methods and techniques.

3. Subject of the Agreement

3.1. The Executor renders the services to a Client via a personal account or another platform, used for online sessions of a psychologist. A Client is obligated to pay the Executor for its services on the terms and conditions, defined by this Agreement.

3.2. A service is considered fully rendered and the session is considered successfully ended in the case if a Client during 10 minutes after the start of the hour, for this the session is scheduled and had to start will not inform the Executor on the email that the session did not start, indicating the reasons, why the session did not start.

4. The process of the provision of the services

4.1. The services are rendered by a Client by a psychologist(s), with which the Executor will have concluded a contract about rendering the services of sessions exclusively in the online system ____.

4.2. On the website, the Executor places the information about the partners-psychologists (indicating the surname, name, patronymic, profession, experience, and specialization area), types of rendered services, the cost of such services, and the issues, which may be a subject of sessions with a Client.

4.3. After accepting this Agreement, a Client chooses a psychologist on the website, as well as the type and issues of the services, marks the preferred time and day of the session. As a result of processing these data, configured by a Client, a bill to be paid is formed.

4.4. By accepting this Agreement, a Client provides to the Executor the order to conclude a contract with a psychologist or to select a proper psychologist by specialization, which corresponds to the Client’s task.

4.5. A Client makes a payment for the ordered services on the terms, which are defined in paragraph 5 of this Agreement.

4.6. Without payment, no session is appointed or executed.

4.7. The Executor places the information about a psychologist, day, and time of the session on its Website, available for the booking and receiving the service/session.

4.8. A Client has the right not later than 24 hours before the time of the scheduled session to change a psychologist to another or change the day and time of the session. The day and time can be changed on the Website of the Executor via the system _____ by a Client themselves by means of rescheduling day and/or time. A psychologist change is made by canceling the session with a selected psychologist and choosing another psychologist, after which defining the day and time. In the case of a change of a psychologist, in order to have a possibility to improve the rendered services, the Executor has the right to ask a Client about the reason for such change. Payment for the timely canceled session (24 hours before the session’s start) is returned automatically by the payment system without any intervening of the Executor into this system.

4.9. After the payment is made, a message arrives at the email of a Client, containing a link to the session. The link becomes active beginning with the planned date and time of the session. 

4.10. An individual session lasts 50 minutes, a session for two lasts 80 minutes.

4.11. Due to probable technical difficulties during the connection of a Client to the system _____, the first session might take a shorter time than the time defined in the par. 4.10. of this Agreement. In the case, if the session is executed on another website (platform), not on the one indicated in this paragraph, the session may be shorter for the time required for a Client to connect to that system, where the service is rendered. The time of lag of the session’s start, which was due to a Client’s fault, is not compensated. If the lag happened because of the Executor’s fault and/or a fault of a psychologist and it is not more than 5 minutes, then this lag is compensated within the current session; if the lag is up to 15 minutes, the lag time is compensated not later than during the next session.

4.12. A psychologist during the session is obliged to provide a Client all possible psychological help by means of psychological consulting, psychological correction, and psychological informing; they have to listen, support, pay attention to details, provide feedback about the feelings, statements, and actions of a Client; do not use a medicinal treatment to a Client; comply with ethical standards, respect a Client, do not discriminate a Client, organize work with a Client in such a way that neither its process nor its results harm the health, psychological condition and social status of a Client and persons related to them; has the right to use proven psychodiagnostic and psycho correctional methods. 

4.13. If a Client chooses the services of “video course”, the service is considered rendered after the placement of a video course in a personal account and/or watching the course on the Executor’s Website.

5. Cost of the services and the process of making payments

5.1. The cost of the services is comprised of the cost of all the services rendered to a Client.

5.2. The cost of the services is based on the selected types of services by a Client and the number of sessions.

5.3. The cost of one service and/or one session is shown on the Executor’s Website.

5.4. The cost of the services is comprised of the remuneration of a psychologist and the Executor’s commission, which are both paid by a Client to the Executor for the provision and servicing by the Executor of the online system (platform) for making sessions and selecting a psychologist according to the Client’s request.

5.5. A Client makes 100% payment in the online system for the order, using a payment system Fondy or another system, which’s offered on the Executor’s Website, in the amount, which is defined based on the results of processing the Client’s request.

5.6. The money is credited into the Executor’s account at the beginning of the session’s time.

5.7. If a Client cancels the session in less than 24 hours before its start, then the paid money is not returned to a Client and goes straight to the Executor’s account. The mentioned amount covers the penalties, which are established by a psychologist and the Executor’s commission.

6. Rights and obligations of Parties

6.1. Executor is obliged to:

6.1.1. Organize the conducting of a session in the time, defined by a Client.

6.1.2. Pick a professional psychologist to execute the request of a Client by means of placing information on the Executor’s Website.

6.1.3. Provide technical capability of conducting a session on the Executor’s Website.

6.1.4. Inform a Client about shifting the day and/or time of the session by a psychologist and agree for another time and/or day with a Client for the session.

6.2. Executor has the right to:

6.2.1. In the case of cancellation of a session by a Client in less than 24 hours before its start, agree with a Client another time and day for the session.

6.2.2. Replace a psychologist before the session begins, informing a Client about the change.

6.2.3. At their own discretion, pick the program (methodology) of rendering the services, which, according to an opinion of a psychologist, suits the best for the Client’s needs.

6.2.4. In the case of finding signs of mental disorders in a Client, refuse the rendering of psychological help, without returning the payment for the session.

6.2.5. In the case of accepting the Agreement by a natural person, who does not have the full civil capacity, refuse a Client in rendering sessions until receiving the proper written consent from the legal representative of such a natural person.

6.2.6. Using the data about volumes and types of the services, rendered to a Client for statistical purposes and for research of psychologists about the problems of issues, which are a matter of the sessions with a Client.

6.2.7. Without any consent of a Client, establish and cancel individual and systematic discounts, marketing events, preferences, loyalty programs, etc.

6.2.8. Refuse a Client in rendering the services under this Agreement if it is found that a Client has breached the terms of this Agreement and/or Rules for services’ rendering.

6.2.9. Make changes and amendments to this Agreement without a special or additional agreeing with a Client.

6.3. A Client is obliged to:

6.3.1. Fully and timely make payments for the services of the Executor.

6.3.2. Appear in the established time to receive the scheduled by the Executor services and follow the links, which are sent by the Executor to a Client.

6.3.3. Follow the recommendations of the Executor about the technical setup of a connection between the Executor’s and Client’s systems.

6.3.4. Provide a stable Internet connection.

6.3.5. Inform the Executor not later than 24 hours prior to the beginning of the session about canceling/rescheduling the day and/or time of the session.

6.3.6. Demonstrate mutual respect to the Executor, employees, and partners of the Executor.

6.3.7. Tell the Executor only rightful information about the personal data and documents, which are required to identify a Client, including the time during the filling in the Profile.

6.3.8. Not allow the usage of the services by third parties, if only otherwise is directly stated in the provisions of this Agreement.

6.4. A Client has the right to:

6.4.1. Use the services and receive help (consultations) from the Executor’s specialists, which have the professional knowledge and skills to deliver the services.

6.4.2. Inform the Executor about their wishes, suggestions, and comments about the activity of the Executor and/or a psychologist and the services within the provisions of this Agreement.

6.4.3. Change a psychologist and day/time of rendering the services not later than 24 hours prior to the start of the session.

6.4.4. In a written form address the Executor with the propositions to improve the process of rendering the services or marketing events.

7. Copyright and related rights

7.1. All copyright and related rights to the video sources, texts, and graphical objects, etc., which are created and delivered to a Client on seminars and/or conferences are a property of the Executor. A Client has the right to use them only for personal purposes.

7.2. A Client does not have the right without the written consent of the Executor to pass access rights to the received online video courses, text, graphical objects, and other online materials to any third parties, publish them, publically recreate in any manner or form, copy and/or use for commercial purposes.

8. Confidentiality

8.1. Any information that’s received by the Parties during the execution of this Agreement, inclusively, when received from one Party by another, is confidential. The Executor is obliged to provide the control of keeping the conditions of confidentiality by the employees of the Executor.

8.2. No details of cooperation among the Executor, psychologist, and a Client can be transferred to third parties in a written or oral form, including family members and relatives without the specific consent of a Client, excluding the cases when there is danger or recognized possibility of danger to the health and/or life of a Client, Executor, and/or a third party, and also based on the court decision and the grounded request of legal enforcement authorities. 

9. Responsibility of the Parties

9.1. For non-execution or improper execution of the terms of this Agreement, the Parties are responsible in accordance with the enforced legislation and the provisions of this Agreement.

9.2. The Executor does not carry any responsibility for the non-compliance of the online sessions to the expectations of a Client based on their subjective estimation. The Parties agree and understand that the non-compliance of the result of the provision of this or that service to the result, which was expected and anticipated by a Client during addressing for the proper service is not the statement of the fact of improper quality of rendering such a service.

9.3. The Executor does not carry any responsibility for the actions or the lack of actions of a psychologist during the sessions.

9.4. The Executor does not carry any responsibility in the case if a Client was incapable of using the services for the reason out of control of the Executor (for instance, the absence of the required software in a Client, its malfunction, or the presence of other limits, the absence or limitation of access to the Internet, not taking part in the online session for the reasons beyond the scope of Executor’s control, etc.). In such a case, the money paid for the services is not returned, and the Executor does not provide any compensation.

10. Processing personal data

10.1. By accepting this Agreement, a Client, in full accordance with the Law of Ukraine “On protection of personal data”, grants to the Executor their irrevocable consent to process the personal data of a Client (surname, name, patronymic, nickname, name during the registration on the Website, email, and postal address of a Client and a connected third party, whom a Client represents or acts on behalf, numbers of contact phones, identifiers of other means of contacting a Client and/or a connected third party, whom a Client represents or acts on behalf, information about visiting the Website, web pages of the Executor and/or partners of the Executor in social media, information about notifications and data that the Executor passes to or sends to a Client electronically, condition of a Client and other data, which were received or passed during the rendering of the services), as well as they give their consent on passing such data to third parties for the purpose of fulfilling this Agreement, namely, provision of the execution of administrative, legal, tax, and accounting actions and purposes; marketing relations and purposes of collection of personal data for commercial purposes and other purposes and relations, which require the processing of a personal data, which might include informing a Client about the services, time and day of the sessions/provision of the services, and informing about commercial offers of the Executor. The owner of the database of personal data is the Executor. The data are stored by the Executor during the entire period of activity of this Agreement. A Client gives their consent to the Executor to perform the following actions with the personal data of a Client: gathering, processing, storing, inclusion to databases of the Executor (inclusively, the electronic databases), and further exploitation and distribution of the personal data by the Executor in accordance with the provisions of the Law of Ukraine “On protection of personal data”.

11. Integration and usage of Google API and Google Calendar.

11.1. The Executor’s Website uses Google API and transfers authorization tokens from it: token_type and access_token.

11.2. A psychologist grants access to the Executor in his or her own Google Calendar: a psychologist in their personal account must connect their own Google Calendar to demonstrate available working hours to their clients when they create appointments on the Session. After the Google Calendar button is pushed in a personal account, there will be a pop-up window shown to log in to the personal Gmail account. After access is granted, Google shows the access options, required by the Executor’s Website. If a psychologist allows these access options, then Google transfers the code to the user – a special key, using which, it’s possible to identify a user through Google API.

11.3. A User receives authorization tokens, using which, they get the right to change the psychologist’s Calendar (access_token, refresh_token, id_token, and token_type), specifically, to create new appointments for the available hours, reschedule, and cancel the previously created appointments.

11.4. A User uses Google API and passes the authorization tokens into it – token_type and access_token in such occasions: when a Client wants to appoint a meeting with a psychologist, the Executor’s Website asks information about the appointments from the Google Calendar of a psychologist for a specific period to make a Client able to see when there is available time for an appointment. A Client cannot appoint a Session to the time, which is already occupied in the Google Calendar.

11.5. To create new appointments in the psychologist’s Google Calendar, during the creation of a new appointment to a psychologist, the Executor creates a new appointment in the psychologist’s Calendar. Google Meet is used for links on the created appointments for online meetings.

11.6. To edit the psychologist’s appointment, which is created by the Executor’s Website during the appointment’s rescheduling, the Executor edits the Session time in the psychologist’s Google Calendar, which was initially created during the original record for the appointment.

11.7. To delete the appointments in the psychologist’s Calendar, which are created by the Executor’s Website, in the event of their cancellation.

11.8. The Executor neither stores nor uses the psychologist’s appointment records or information about them; neither edits nor deletes the records, which were created not by them.

12. Other terms of the Agreement

12.1. A Client approves that the phone number and email that were indicated by them during the registration are in a sole proprietorship of a Client, have not been passed and will never be passed to any third parties to own/use, and that these exactly phone number and email address are used now and are conceived to be used by a Client during the entire time of the execution of this Agreement and making the Orders. A Client is obliged to provide/make sure the impossibility for any third party to receive access to the usage of the phone number and/or email address, which were indicated during the registration of a Client in the informational system. A Client bears all the risks and negative consequences of the loss, unsanctioned usage, technical interception of information, etc., including an unplanned cessation of possessing the phone and its number (including the SIM card). The risks and the entire responsibility for the unsanctioned usage of the phone are borne exclusively by a Client. The Executor unconditionally considers a Client any natural person, which will have used such means of connection and does not bear any responsibility if that is not the truth.

12.2. The Executor has the right to unilaterally change and amend the conditions of this Agreement.

13. Details of the Executor