Last updated: 27.01.2022
Please carefully read these Terms as they contain important information concerning your rights and obligations. These Terms include various limitations and exclusions, defining Culture Technologies’ liability in certain cases, determining the jurisdiction and authorities on matters of conflict resolution, as well as the applicable legislation to Services.
These Terms are a legal agreement between you, (i) as a person using the User App in order to learn more about your well-being condition and to browse, book and connect with a specialist (“App User”), or (ii) as a persona using the Specialist App (“Specialist App User”) in order to edit your profile, create a schedule or connect and talk with a App User and Culture Technologies OU, a company incorporated under the Estonian law, having its headquarters at Harju maakond, Tallinn, Kesklinna linnaosa, A. Lauteri tn 3, 10114, Registry Code 16185361, (“Culture”, “we”, “us”). Before you use any of the apps (User App, Specialist App) you will need to agree to these Terms. We are only willing to make the Apps available to you if you accept all of these Terms. Otherwise, you may not access or use the Apps. The use of the Apps represents your confirmation that you understand and agree to all of these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will also refer to that organization, wherever possible.
We reserve the right to change the Terms at any time and in our sole discretion. If we make changes to these Terms, we will make the updated version of the Terms available on the Apps and update the “Last Updated” date found at the top of these Terms and we will inform you accordingly. Please verify these Terms periodically for changes. Any changes to the Terms will apply as of the date that they are made, and your continued access to or use of the App after the Terms have been updated will constitute your binding acceptance of the updates.
You must be over 18 years of age to use the Services, and children under the age of 18 cannot use or register for the Services. If you are over 18 years of age but are not yet of legal age to form a binding contract, then you must get your parent or guardian to read these Terms and agree to them for you before you use the Services. If you are a parent or guardian and you provide your consent to your child’s registration with the Services, you agree to be bound by these Terms with respect of your child’s use of the Services.
The User App aims is an application that enables the persons to learn more about their condition, to track and see details about their mood, and to browse a list of specialists and book and pay for an appointment with one. The person can also have the meeting through the User App.
By posting, submitting or displaying information, the App User acknowledges and agrees that the information can be viewed and/or used by a proprietary algorithm, and in some cases by a specialist.
The App User hereby acknowledges that she/he will take into consideration the suggestions given by the User App. However, the App User will immediately stop applying the previously mentioned suggestion, if this provides emotional or psychological distress. In case the App User considers that she/he are in need of help, either physically or mentally, they will immediately contact the emergency line or their specialist, trained medical professional or other healthcare provider.
You acknowledge and agree that if you choose to utilize the Services you are solely responsible for deciding which of the suggested techniques you put into practice and how to apply those techniques. As such, you acknowledge that Culture is not a health care provider and does not provide you with any medical advice. The Services are not meant in any way, shape or form to give medical advice or to provide a possible solution within the medical system without the consent of a specialist, trained medical professional or healthcare provider.
The user acknowledges and agrees that the way of using the Services and any undesirable or unintended outcome is their responsibility and is not the responsibility of Culture Technologies OU.
Any advice or other materials provided through the Services are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. Such advice and other materials are intended to support the relationship between you and your specialists, trained medical professionals or healthcare providers (as the case may be), and not replace it. We are not liable or responsible for any actions taken due to you having read or been told about such advice or other materials. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice or other materials and information published on or through the Services.
If you receive advice from a specialist, trained medical professional or other healthcare provider which conflicts with anything contained in the Services then the advice or indication given by the former must be taken into consideration and disregard any suggestion given via the Services. Never disregard professional medical advice or delay in seeking it because of you using these Services. If you think you may have a medical emergency or you require urgent assistance, call your specialist, trained medical professional or other healthcare provider or the emergency line immediately.
The Specialist App is intended to allow the Specialist to manage the services provided to their Clients and to, also, digitally and easily connect with their Clients. In case an App User connects with a Specialist l the respective App User shall become a Client.
The profiles are publicly available for the App Users, and the App Users can search for a Specialist and establish an appointment with them. As such, the Specialist understands and agrees that all the information indicated in their profile, including the image, description and so forth will be available to any user accessing and navigating through the User App. This will exclude personal contact information like phone number and email address.
We act only as an intermediary between the Specialist and the Client and we only facilitate the connection between them. We are not part of the contract between the Specialist and the Client, we do not provide the services supplied by the Specialist and we make no warranty of representation in relation to the respective services.
The App Users can review the services provided by the Specialist and the interaction with them. The review shall be publicly available, and we are not responsible for any of them. The Specialist should use the Specialist App to respond and to offer their services to the Client.
In order to have access to all the features available for each type of users (App Users, Specialist App Users) you need to register and create a user account (“User Account”).
For creating the User Account for the App User, we need your nickname, age, gender, preferred language, preferred currency and if the App User chooses, an email address.
When using the User Account and when an email is used, you need to take the following safeguards: (i) choose a strong password; (ii) maintain and promptly update as necessary the User Account information (iii) protect your User Account credentials and access to your Account.
If you become aware of any unauthorized use of your password, credentials or of your User Account, you need to notify us immediately.
You acknowledge and agree that you are responsible for all activities occurring under your User Account and accept all risks of any authorized or unauthorized access to your User Account, to the maximum extent permitted by law.
The User Account for the Specialist App will be created by Culture. The information needed for the creation of the account include but may not be limited to: email, phone number, full name, professional licence code, image, short biography, approach of work, previous work experience and areas of expertise. For the avoidance of doubt, by providing this data to Culture, you confirm that the information you provided is correct, actual and complete.
Moreover, you understand and agree to maintain this information accurately and to rectify it, if the case might be, in order for it to remain correct, actual and complete.
After the creation of the User Account for the Specialist App the User Acount will not be active. The Specialist will need to verify and complete the onboarding process by providing banking information for the purpose of where the Specialist would receive money. When finishing the registration process, your User Account will be given the inactive status. Culture will verify the information provided by you and the User Account and decide if the User Account will be activated or deleted.
This verification might include, but not limited to:
Culture may repeat these verifications as many times as it considers they are necessary. Subsequently, Culture may decide to deactivate the previously active User Account, if the verification indicates that the information provided by the Specialist is inaccurate or false, or if Culture believes that the deactivation is in its best interests. Culture may also deactivate a previously active User Account, in case the Specialist has engaged in unprofessional conduct or if Culture has received legitimate complaints from App Users regarding the activity of the said Specialist.
In case Culture believes that one or more of the conditions stated above are not met, it can decide at any time and without prior explanation that a Specialist can be refused or deactivated, if they had been previously active.
For clarity, although we verify the information provided by the Specialist and perform regular verifications (as indicated above), we are not responsible if the Specialist provided inaccurate or false information or information was not available to us, or in case we decided to let the User Account active.
We reserve the right to charge the users a fee for using the Apps a (the “Fees”). In such a case, the Fee shall be available on the Apps.
We have the right to change the Fees from time to time. When we do so, the updated Fees shall apply as of the date the changes are made.
We have the right to offer discounts to the Fees from time to time. In such a case, we will inform you accordingly and the discount shall apply pursuant to the conditions set out by Culture.
The payment of the fee shall be made by using the services of a third-party provider. You understand and agree that we do not provide the respective services and we cannot control them. We will not be responsible or liable for any claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses arising out of or relating to the use of the respective payment services.
Unless otherwise indicated by us, all elements of the Apps, all content and other materials therein are owned by us (or, as applicable, our licensors) and are protected by intellectual property rights. For the avoidance of doubt, the visual interfaces, design, text, graphics, pictures, systems, information, data, methods, software, computer code, organization, services, all other elements and any other documentation or other ancillary material provided to you (the “Content”) are owned by us or by our licensors and are protected by copyright, patents, trademarks, design, trade secrets, any other intellectual property rights and applicable law.
You can use the Apps and the Content solely for the purpose provided by the Terms. However, you are not permitted to:
Any use of the Apps or the Content other than as specifically authorized herein, without the prior written permission of Culture, is strictly prohibited. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws. Unless explicitly stated by Culture, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by implication or otherwise.
You are solely responsible for all content you create, transmit and/or distribute through the Apps (“User Content”). With that in mind, you agree not to create, transmit and/or distribute through the Apps any User Content that:
You are solely responsible for your own conduct while accessing or using the Apps. You agree to use the Apps only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. You agree that you will not and will not permit any third party to do, including but not limited to, any of the following:
You agree, at your sole expense, to defend, indemnify and hold us, our officers, agents, employees, advertisers, licensors, suppliers or partners harmless from and against any claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses of any kind or nature, including litigation costs, and legal fees arising out of or in any way related to (i) your use of the Apps; (ii) your violation of these Terms or the rights of any third-party; or (iii) your breach of applicable laws in connection with your conduct, access to or use of the Apps.
You expressly acknowledge and agree that your use of the Apps is at your sole risk and that the entire risk as to satisfactory quality, performance, safety, accuracy and effort is with you. To the maximum extent permitted by applicable law, we disclaim any and all warranties and representations (express or implied, written or oral) in relation to, without limitation, the Apps or external websites or applications, including but not limited to any implied warranties of merchantability, implied warranties of fitness or suitability for any purpose and warranties of non-infringement, condition of title, accuracy, reliability. We do not warrant and/or represent that the Apps will meet accuracy and your requirements, that the use of the Apps will be uninterrupted, secure or error-free, or that the Apps is free of harmful components, such as viruses.
Culture only acts as an intermediary in connecting the Specialists with App Users and is not involved in, and does not control, the advice and the relationship between the Specialist and the App Users. As a result, Culture is not responsible for (i) the quality, safety, legality, truth or accuracy of the advice of Specialist or User Content and (ii) the ability of Specialist to grant advice.
Culture, as well as its successors, and any other party involved in the creation, development or delivery of the Services are not responsible for any indirect, related, specific, and/or determined damages resulted by the use of Services, such as, but not limited to:
While Culture reserves the right in its sole discretion to remove User Content or other material from the Apps from time to time, Culture does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
You acknowledge and agree that to the maximum extent permitted under applicable law, in no event will Culture be liable to you or to any other third party for any incidental, indirect, special, consequential, exemplary or punitive damages whatsoever including, but not limited to, damages for loss of profits, (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, arising out of or related to the Apps, regardless of the theory of liability (contract, warranty, tort, strict liability, product liability or other theory) and even if we have been advised of the possibility of such damages.
You understand and agree that we will not be liable for any failure or delayed performance of our obligations that results from any condition beyond our reasonable control, including but not limited to, acts or omissions of third parties, earthquake, fire, flood, governmental action, acts of terrorism, labor conditions, power failures, Internet disturbances or server failures.
You acknowledge that the Apps are Internet-based and you understand and accept the inherent security risks associated with such applications and websites, including but not limited to, the risk of losing the Internet connections, the risk of malicious software, the risk of hardware or software failure and the risk of unauthorized access by third parties to your User Account. Thus, you agree that we have no liability for any malfunctions, communication failures, delays, errors, or any breach of security you might incur.
The Apps may contain hyperlinks to third party website or resources. These links to third party pages are provided for convenience only. In any event, especially because of the volatile nature of information on the Internet, Culture cannot control the nature or content of these external sources and therefore is not responsible and or liable for the use, the unavailability of third party website nor their content and advertising or other materials available on such third party website that you might access via our Apps.
We may, in our sole discretion and without cost to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion or feature of our App, Platform and the Web Database.
In no event will Culture be liable for the removal of or disabling of access to any portion or feature of the Apps.
In case you breach these Terms, we may suspend or terminate in whole or in part, your access to the Apps in our sole discretion, immediately and without prior notice, and delete or deactivate your User Account. In such a case, we will notify you accordingly.
We may also cancel, suspend, block or eliminate certain type of contents, including reviews in case that the respective content breaches the provisions of these Terms.
Culture may assign these Terms and/or any and all of its rights or delegate any and all of its obligations under these Terms without your consent. All provisions contained in these Terms shall extend to and be binding upon you and Culture’s successors and assigns. You may not assign these Terms or any of your rights and/or obligations under these Terms to another person or entity.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Enforcement of these Terms is solely in our discretion and our failure to enforce any of the provisions in some instances does not constitute a waiver of our right to enforce such provisions in other instances.
The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.
These Terms will be governed by and construed in accordance with the laws of Estonia. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Estonia, and the parties irrevocably consent to the personal jurisdiction and venue there.
By accepting these Terms, you expressly consent and agree to the provisions regarding limitations of liability, choice of law and jurisdiction, unilateral termination and suspension of performance.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at: firstname.lastname@example.org.
When submitting a complaint, please provide a brief description of nature of your complaint and the specific services to which your complaint relates.