Terms & Privacy Policy

MentBay Terms & Privacy Policy

TERMS

Welcome to MentBay ("company," "we," "us," "our"). These Terms of Use ("Terms") and our Privacy Policy set forth the Terms and Conditions governing your use of the MentBay EMR platform (the "platform"). The Terms and Privacy Policy govern your access to this website and form a legal contract between you and MentBay.

At MentBay, we specialize in developing software solutions that are specifically tailored to the requirements of mental healthcare practices and businesses.

We provide healthcare providers with access to our comprehensive, integrated Electronic Medical Record (EMR) platform, which enables the seamless digitization of their practices and the expansion of their clientele.

Additionally, we aim to empower those searching for exceptional mental health care services by facilitating connections and consultations with reputable providers in their respective states. Our dedication to quality and originality guarantees a transformative experience for all parties involved.

By accepting the terms and conditions and using the Services, you agree to comply with the following terms and conditions by accessing and using our services. Any additional terms and updates are included in these terms. We reserve the right to make changes to the Legal Terms as we see fit, and it is your responsibility to review them regularly. Your ongoing use of our Services signifies your acceptance of any modifications.

The Services are intended for users aged 13 and older. If you are a minor, you need parental permission and supervision to use our Services. Your parent or guardian must read and agree to these Legal Terms on your behalf.

We recommend that you print a copy of our Legal Terms for your records.

USE OF SERVICES

Our services are not intended for distribution or use in jurisdictions where it would violate the law. Users accessing the services from other locations are responsible for complying with local laws, if applicable.

INTELLECTUAL PROPERTY RIGHTS

Ownership: We own or hold licenses for all intellectual property rights in our services, including content, trademarks, and logos ("Content").

Your Use: Subject to compliance with these Legal Terms, you are granted a non-exclusive, non-transferable license to access and use the services and download or print Content for personal, non-commercial use.

Restrictions: Commercial use, copying, reproduction, distribution, or exploitation of the services, Content, or trademarks without our permission is prohibited. Contact us for permission at info@mentbay.com.

Submissions: By sending us Submissions, you assign us the intellectual property rights in those Submissions, and we have the right to use and disseminate them without acknowledgment or compensation to you.

Responsibility: You are responsible for your Submissions and agree not to post any prohibited content. You also warrant the originality of your Submissions and indemnify us for any losses resulting from your violations.

Please review the "PROHIBITED ACTIVITIES" section for further information.

USER REPRESENTATIONS

By utilizing MentBay's Services, you affirm and warrant that:

The registration information you provide is true, accurate, current, and complete.
You will maintain the accuracy of your information and promptly update it as needed.
You have the legal capacity and agree to comply with the Legal Terms.
You are at least 13 years old, or if you are a minor, you have obtained parental permission to use the Services.
You are not prohibited from using the Services based on your age or jurisdiction.
You will not access the Services through automated or non-human means, such as bots or scripts.
You will not use the Services for any illegal or unauthorized purpose.
Your use of the Services will not violate any applicable laws or regulations.

Providing untrue, inaccurate, outdated, or incomplete information may result in the suspension or termination of your account and the refusal of any current or future use of the Services (or any portion thereof).

USER REGISTRATION

To access the Services, you are required to register. You agree to keep your password confidential and take responsibility for all activities associated with your account. We reserve the right to remove, reclaim, or change inappropriate, obscene, or objectionable usernames at our sole discretion.

PROHIBITED ACTIVITIES

When using the Services, you must adhere to the intended purpose and refrain from engaging in the following activities unless explicitly endorsed or approved by MentBay:

Systematically retrieving data or content from the Services without written permission.
Attempting to deceive or defraud MentBay or other users, including acquiring sensitive account information.
Disabling or interfering with security features of the Services or Content.
Harming or disparaging MentBay or the Services.
Using information obtained from the Services to harass, abuse, or harm others.
Misusing support services or providing false reports.
Violating applicable laws or regulations.
Unauthorized framing or linking to the Services.
Uploading or transmitting viruses, spam, or any material that disrupts others' use of the Services.
Engaging in automated use, data mining, or similar tools without authorization.
Removing copyright or proprietary notices from Content.
Impersonating another user or person.
Uploading or transmitting mechanisms that collect or transmit information without consent.
Interfering with the services, networks, or connected services.
Harassing or threatening MentBay employees or agents.
Attempting to bypass access restrictions or measures.
Copying or adapting the Services' software.
Deciphering, decompiling, disassembling, or reverse engineering the software.
Using unauthorized scripts or software.
Making unauthorized use of the Services, including collecting user information for unsolicited emails or creating false user accounts.
Using the Services to compete with MentBay or for revenue-generating or commercial purposes.
Advertising or selling goods and services through the Services.
Selling or transferring your profile.

USER-GENERATED CONTRIBUTIONS

Although our services do not typically allow content submissions, there may be opportunities for you to create, share, or submit content ("Contributions") through the Services. This can include text, videos, photos, comments, and more. Please be aware that Contributions may be visible to other users and on third-party websites. By creating or sharing Contributions, you affirm and warrant that:

Your Contributions respect the rights of third parties and do not infringe upon their proprietary rights.
You have the necessary ownership or permissions to authorize us and other users to use your Contributions.
You have obtained consent from identifiable individuals appearing in your Contributions.
Your Contributions are accurate, truthful, and not misleading.
Your Contributions do not involve unauthorized advertising, spam, or solicitation.
Your Contributions are respectful, non-harassing, and do not promote violence or abuse.
Your Contributions comply with laws, regulations, and rules.
Your Contributions respect privacy and publicity rights.
Your Contributions do not involve harmful or inappropriate content, especially concerning minors.
Your Contributions do not contain offensive comments related to race, gender, or other personal characteristics.
Your Contributions comply with these Legal Terms and applicable laws.

Violations of these guidelines may result in the suspension or termination of your rights to use the services

CONTRIBUTION LICENSE

By providing us with information and personal data, you agree to our use of that information in accordance with our Privacy Policy and your chosen preferences.

When you submit suggestions or feedback about the Services, you grant us the right to use and share that feedback for any purpose without compensation.

We do not claim ownership of your contributions. You retain full ownership and rights to your Contributions. We are not responsible for the content of your contributions, and you release us from any liability or legal action related to your contributions.

GUIDELINES FOR REVIEWS

Certain areas of the Service may allow you to post reviews or ratings. When posting a review, you must adhere to the following criteria:

You should have firsthand experience with the person or entity being reviewed.
Your reviews should not contain offensive, profane, racist, or hateful language.
Your reviews should not include discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
Your reviews should not refer to illegal activities.
You should not post negative reviews if you are affiliated with competitors.
You should not draw conclusions regarding the legality of conduct.
You may not post false or misleading statements.
You may not organize a campaign to encourage others to post reviews, whether positive or negative.

REVIEWS

We reserve the right to accept, reject, or remove reviews at our discretion. We are not obligated to screen or delete reviews, regardless of whether they are deemed objectionable or inaccurate. Reviews do not represent our opinions or the views of our partners or affiliates, and we do not endorse them. We are not liable for any review or any resulting claims, liabilities, or losses. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute the content of the review.

THIRD-PARTY WEBSITES AND CONTENT

The Services may include links to Third-Party Websites and Third-Party Content. We do not investigate, monitor, or guarantee the accuracy or appropriateness of these websites or their content. We are not responsible for any Third-Party Websites or Third-Party Content accessed through the Services. Use them at your own risk, as these Legal Terms no longer apply. You should review the terms and policies of any external websites or applications. Any purchases made through Third-Party Websites are solely between you and the third party. We are not liable for any harm or losses resulting from such purchases or interactions with third parties.

SERVICES MANAGEMENT

We reserve the right to monitor the Services for violations of these Legal Terms, take legal action against violators, restrict or disable Contributions, remove excessive files or content, and manage the Services to protect our rights and ensure proper functioning.

PRIVACY POLICY

We prioritize data privacy and security. By using the Services, you agree to our Privacy Policy. Please note that the Services are hosted in the United States. If you access the Services from a region with different data protection laws, you consent to the transfer and processing of your data in the United States.

We do not knowingly collect information from or market to children. If we become aware that a child under 13 has provided personal information without parental consent, we will promptly delete it from the Services.

Informed consent - Possible risks of telemedicine:

As with any health-related service, there are potential risks associated with the use of telemedicine. MentBay believes that the likelihood of these risks materializing is very low. These risks may include, without limitation, the following:

Delays in mental health evaluation, consultation, or treatment may occur due to deficiencies or failures of the equipment, which may include poor video and data quality.
Security protocols could fail, causing a breach of the privacy of personal medical information.
Lack of access to complete medical records may result in adverse drug interactions, allergic reactions, or other negative outcomes.

By accepting these Terms of Use, you acknowledge that you understand and agree with the following:

You understand that telemedicine may involve electronic communication of your personal medical information to mental health providers.
You understand that you may expect the anticipated benefits from the use of telemedicine, but that no results can be guaranteed or assured.
You understand that all information will be part of your medical record and available to you by printing the summary from the visit. This information will have the same restrictions on dissemination without your consent.

Except to the extent already relied upon, you understand you may withdraw your consent at any time by emailing MentBay to withdraw your consent and deactivate your account. You understand that your healthcare information may be shared with other providers for treatment, payment, and healthcare operations purposes.

You further understand that your healthcare information may be shared in the following circumstances:

When a valid court order is issued for medical records
Reporting suspected abuse, neglect, or domestic violence
Preventing or reducing a serious threat to anyone's health or safety

Patient consent to the use of telemedicine

I have read and understand the information provided above and understand the risks and benefits of telemedicine, and by accepting these Terms of use, I hereby give my informed consent to participate in a telemedicine visit under the Terms described herein.

By clicking the "agree" button, you are consenting to receive care via the service. The scope of care will be at the sole discretion of the Provider who is treating you, with no guarantee of diagnosis, treatment, or prescription. The Provider will determine whether or not the condition being diagnosed and/or treated is appropriate for a telehealth encounter via the service.

TERM AND TERMINATION

These Legal Terms apply while you use the Services. We can deny access to the Services or terminate your account without notice and for any reason, including if you breach these terms or violate the law. We may also delete your account and any posted content at our discretion.

If we terminate or suspend your account, you cannot create a new account using your name, a fake name, or a third party's name. We may take legal action, including civil, criminal, and injunctive measures, in addition to terminating or suspending your account.

MODIFICATIONS AND INTERRUPTIONS

We may change, modify, or remove content from the Services without notice. We are not obligated to update the information on our Services. We are not liable for any changes, suspensions, or discontinuations of the Services.

The availability of the Services is not guaranteed. We may experience issues or need to perform maintenance, resulting in interruptions or errors. We have the right to change, suspend, or discontinue the Services without notice. We are not responsible for any loss or inconvenience caused by your inability to access or use the Services during downtime. We are not obligated to provide maintenance, support, or updates for the Services.

GOVERNING LAW

These Legal Terms and your use of Services are governed by and interpreted in accordance with state laws, as well as County and local ordinances and regulations, except in cases where Federal Law takes precedence.

DISPUTE RESOLUTION

Informal Negotiations: To resolve any disputes related to these Legal Terms, both parties agree to first attempt informal negotiations for at least thirty (30) days before initiating arbitration.

CORRECTIONS

Information on the Services may contain errors or omissions. We have the right to correct and update such information without notice.

DISCLAIMER

The services are provided "as is" and "as available." Your use of the services is at your own risk. We do not guarantee the accuracy or completeness of the content and materials on the services or linked websites. We are not liable for any errors, damages, or unauthorized access. We do not endorse third-party products or services. Use caution when making purchases.

LIMITATIONS OF LIABILITY

We are not liable for any direct, indirect, consequential, or incidental damages arising from your use of the services, even if we have been advised of the possibility of such damages. Our liability to you will be limited to the amount paid, if any, by you to us. Certain laws may grant you additional rights.

INDEMNIFICATION

You agree to protect, indemnify, and hold us and our affiliates, officers, agents, and employees harmless from any claims or demands made by third parties due to your use of the Services, breach of these Legal Terms, or violation of your representations and warranties. We reserve the right to assume exclusive control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense. We will notify you of any such claims, actions, or proceedings subject to indemnification.

USER DATA

We will store and manage the data you transmit for the Services' performance and your usage. While we regularly back up data, you are responsible for all data you transmit and related activities. We are not liable for any loss or corruption of such data, and you waive any right of action against us for such incidents.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By using the Services, communicating with us via email, or completing online forms, you acknowledge that these actions constitute electronic communications. You agree to receive electronic communications from us, including agreements, notices, disclosures, and other information, that satisfy any legal requirement for written communication. You also consent to the use of electronic signatures, contracts, orders, and records, as well as electronic delivery of notices, policies, and transaction records. By doing so, you waive any rights or requirements under laws that mandate original signatures, non-electronic record retention, or non-electronic payment methods.

CALIFORNIA USERS AND RESIDENTS

If you have an unresolved complaint with us, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You can reach them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These legal terms, along with any posted policies or rules, represent the complete agreement between you and us. Our failure to enforce any right or provision in these terms does not waive that right or provision. To the fullest extent possible under the law, these terms are binding. We have the right to assign our rights and obligations to others. We are not responsible for any loss, damage, delay, or failure resulting from factors beyond our control. If any provision of these terms is found to be unlawful or unenforceable, it will be removed without affecting the validity of the remaining provisions. These terms do not create a joint venture, partnership, employment, or agency relationship between you and us. You agree that the electronic form of these terms is valid and waive any defense based on its electronic nature.

PAYMENTS AND CANCELLATION POLICY FOR USERS - Billing and Fees

Users of MentBay's platform acknowledge that they will be billed on a per-session basis for availing themselves of mental health consultation services. The chosen healthcare provider will decide on the costs associated with each session, and they are subject to change at their discretion. By proceeding with the booking of a session, users agree to the specified charges and authorize MentBay to process the payment accordingly.

Cancellation Policy:

Users have the option to cancel their scheduled appointments with their chosen provider. However, to avoid any charges, cancellations must be made at least 2 hours prior to the scheduled consultation time. Failure to cancel within the specified time frame will result in the user being liable for the full amount of the consultation fee.

By using MentBay's platform and engaging in its services, users agree to adhere to these terms and conditions. Any breach of these provisions may lead to appropriate actions taken by MentBay, including the suspension or termination of access to the platform. It is the user's responsibility to review and understand these terms before utilizing the services provided.

CONTACT US

To address any complaints about the Services or to seek additional information, please reach out to us at info@mentbay.com.