PSICO SMART APPS, S.L. CLIENT TERMS AND CONDITIONS
Please read this document carefully before using the Psious platform. This document contains the terms and conditions governing the contractual relationship with Psious
The formalization of the Psious Use Licenses (as defined below) will take place by downloading, receiving and/or using the Application (as defined below) that PSICO SMART APPS, S.L., a company with registered office in Barcelona, St. Antoni Maria Claret, 167, (Pavilion St. Manel), 08025 Barcelona, Spain, holder of Tax Identification Number B-66.099.532, registered in the Barcelona Mercantile Registry in Volume 43.916, Folio 29, Page B-441.774, Entry 1a (hereinafter referred to as “PSIOUS” or the “Company”), makes available to users through the website www.psious.com website or the website of any of the Company’s authorized partners, distributors or prescribers (hereinafter referred to as the “Website”), as well as the one you (hereinafter referred to as the “Client”) agree to be bound by these terms of use.
1. Pre-conditions for recruitment
Psious owns the following products (i) a mobile application that uses Psious’ technology (“PSIOUS Technology”), (ii) a user manual on the use and operation of such application, (iii) glasses designed for virtual reality viewing (optional purchase), (v) a web platform and (vi) a biometric sensor (optional) intended for use by professionals in the field of psychology and/or psychiatry on people with specific phobias, maladaptive fears, anxiety or other mental health related disorders, as a complement to the therapeutic or psychotherapeutic actions of their patients (hereinafter referred to as the “Application“).
The Client declares under his own responsibility that he will only allow the use of Psious’ licenses to professionals in psychology or another field related to mental health who use a series of direct contacts with their patients based, among others, on psychological counseling and psychotherapy with the purpose of offering them help to change their attitudes and/or behavior, and/or who, through direct observation of his patients, selects, administers, and interprets psychological tests to diagnose possible disorders and uses various psychological techniques, including therapy and psychotherapy, to improve his patients’ adjustment (hereinafter referred to as the “Practitioner“)
Psious does not allow the use of its technology by non-professional third parties in the field of psychology in the terms indicated in the previous clause. Customer expressly agrees to permit the use of Psious’ technology only to technology professionals on the terms contains and releases Psious from any liability for the use of its technology by non-professional psychologists.
The Client also agrees that the Professionals will read, accept and comply with the following Terms and Conditions.
To this end, Psious is interested in the use of the Application by the Practitioner with their patients and to provide information on a regular basis to Psious regarding their observations, opinions, suggestions and/or recommendations on the use or operation of the Application and/or the effect that the use of the Application may have on the treatment of their patients.
2. Definitions
Application: Products are defined that are intended to be used by professionals in the field of psychology and/or psychiatry on people with specific phobias, maladaptive fears, anxiety or other mental health related disorders, as a complement to the therapeutic or psychotherapeutic actions of their patients:
- Web platform
- Mobile application
- User’s manual on the use and operation of this application
- Virtual reality glasses
- Sensor
General Conditions: the present document, including its possible modifications.
Personal data: means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier or one or more factors specific to that person’s physical, physiological, genetic, mental, economic, cultural or social identity. Stakeholder: is the identified or identifiable natural person.
Confidential Information: The information and content of the present general conditions as well as all the information that comes to the knowledge of the Parties, in relation to the fulfillment, execution, or interpretation of the same, related to the Application or to any of the elements that compose it during the period of duration of the same one, or that already was known before the signature of the same one, as well as information regarding the Application, Reports, industrial models, utility models, production technique, designs, patents, trademarks, logos, technical manuals, user manuals, manuals or documents of use, computer programs, software, source code, or object code, and any other industrial or intellectual property rights that are owned by the Parties.
Reports: means all those documents that the Professional agrees to send to Psious containing, among others, his/her observations, opinions, suggestions, recommendations, comments, corrections, images, graphics, illustrations or any other information about the use and/or operation of the Application, as well as the effect that the use of the Application may have on patients.
License: By accepting these terms and conditions, Psious grants a non-exclusive license to use the Application to you.
Parties: Both Psious and the Customer are deemed to be parties to these terms and conditions.
Client: an individual and/or a legal entity that has been deemed eligible by Psious to use the application and/or license and that subscribes with Psious to these terms and conditions.
Professional: Graduates in psychology or another field related to mental health who use a series of direct contacts with their patients based, among others, on psychological counseling and psychotherapy with the purpose of offering help to change their attitudes and/or behavior, and/or through direct observation of their patients select, administer, and interpret psychological tests to diagnose possible disorders and use various psychological techniques, including therapy and psychotherapy, in order to improve the adaptation of their patients.
Industrial and Intellectual Property: means all (i) registered patents, designs and trademarks, utility models, intellectual property rights, and database rights; (ii) any other industrial or intellectual property rights and similar or equivalent rights anywhere in the world that exist now or are recognized in the future; (iii) applications for registration, extensions, and renewals in connection with any of the foregoing rights; and (iv) the expression of any original work or creation, in any form, tangible or intangible, including, without limitation, computer programs, applications, software, platforms, source code, object code, technical documentation, user manuals, manuals or user documents, training materials, reports, databases, data formats, drawings, graphics, logos, as well as the results of the transformation, modification, updating, adaptation, new versions, or changes of such works or creations.
Company and/or Psious: PSICO SMART APPS, S.L., a company with registered offices in Barcelona, St. Antoni Maria Claret, 167 and with tax identification number B-66.099.532.
3. Use of the license
By accepting these terms and conditions, Psious licenses the Application to its Professionals on a non-exclusive basis (“License“).
For the purposes of signing these terms and conditions of the Licenses, the Customer states that it has the licenses, authorizations and knowledge, as well as the structure and resources necessary to use the Application with its patients. At all times, you may organize your professional activity and the time dedicated to it according to your own criteria.
The Licenses for use granted by the Company to the Client under this Agreement are non transferable, non-sublicensable, limited to the time indicated in the special conditions, for the territory where the Client carries out his professional activity and for use exclusively on patients of Professionals in the clinical and psychology fields.
Psious only authorizes Customer to use the Application on electronic devices that enable it and that are in Customer’s possession or control and in the treatment of its patients on a voluntary basis, for its own benefit and that of its patients, in accordance with this Agreement. Both the Customer and
the Professionals in charge of the Customer agree not to assign, rent, lease, transmit, loan, sell, redistribute, license or sublicense the Application, nor make it available to third parties or make it accessible through the Internet so that it can be downloaded by third parties for distribution or for use by third parties or by multiple mobile devices at the same time. Neither the Customer nor the Professionals may copy, decompile, reverse engineer, disassemble, attempt to derive the source code, modify or create derivative works of the Application, any of its updates, or any part thereof, in whole or in part, directly or indirectly.
The performance by Client or Professional of any of the prohibited conduct described above shall be a violation of Psious’s rights and may result in (i) termination of this Agreement by Psious as contained in Section 12 of these Terms and Conditions, (ii) legal action by Psious against the violator, and (iii) a claim for damages that may be caused to Psious.
The terms of this Agreement shall apply to any update, enhancement, modification, or new version of the Application provided by Psious, unless such update, enhancement, modification, or new version of the Application is delivered upon the execution of a separate agreement regulating the use of such update, enhancement, modification, or new version of the Application.
Neither party may act on behalf of the other party before third parties, promoting or concluding business or contracts in the name and on behalf of the other party, unless written consent has been given by the other party.
The present Contract does not constitute nor in any case will it be understood as constituting an agency, commercial commission, mediation or subcontracting, nor an employer-employee relationship, nor a grouping or union of companies between the Parties.
4. Rights and Obligations of the Parties
These terms and conditions regulate the rights and obligations that arise between the Parties and which shall be binding on both.
The Client agrees to comply with its obligations and to ensure that the Professionals in its charge use this License applying the diligence typical of their profession.
Both Customer and Practitioners may request information regarding the Application that is necessary to use the Application properly, and Psious is committed to providing such information.
During the term of these conditions, the Professionals must send information to Psious, through the platform of the Application or other means of communication (such as, for example, e-mail), which may be observations, recommendations, suggestions and/or advice that they consider may be appropriate for the development and improvement of the use and/or operation of the Application.
Psious will be the full owner and proprietor of such Reports and other content delivered to it by Professionals in any form, including the intellectual property rights in such Reports and other content,
and the Company may: (a) display, perform, copy, create derivative works, and distribute the Reports and other content (without reference to the source); and (b) make, have made, use, market, offer to market, import, export and otherwise dispose of the Reports and other content, and incorporate the Reports and other content into the Application.
The Parties understand and agree that any recommendations made by the Professionals in the context of these terms and conditions are made on a proposal basis only, and that, accordingly, the Professionals assume no liability whatsoever arising out of Psious’s use or non-use of such recommendations, or the achievement of any particular purpose by Psious.
In any case, the use of the Application by the Professionals is subject to compliance with the requirements and to obtaining the licenses, authorizations or consents of third parties that are applicable in accordance with the provisions of the applicable legislation.
5. Warranty
The Application and its component parts are provided “As Is” without any express or implied warranty of fitness for any particular purpose. Psious does not warrant or make any representations about the Application, including, without limitation, any warranty of merchantability, fitness for a particular purpose, satisfactory quality, usefulness, availability and continuity of operation or uninterrupted or error-free operation of the Application, or interoperability with other software or computer programs, software applications, or third-party devices.
Psious does not warrant and is not responsible for the use of the Application by you, your Professionals or your patients, or for your ability to perform any particular purpose.
The Parties acknowledge and agree that the Clauses contained herein do not and cannot be construed as constituting an obligation of result, nor a guarantee or commitment by Psious that as a result of the use of the Application, the Professionals will effectively improve the effect of the treatments and therapies on their patients and the results thereof.
The Parties recognize that the outcome of the treatments and therapies by the Professionals on patients depends on aspects outside the Application, since the condition of the patients, by its nature, is not conditioned, subordinated or dependent on the Application, therefore, the Professionals must keep Psious fully indemnified from all damages, claims, liabilities, demands, obligations, judgments, sentences and expenses of any kind that may be incurred as a result of claims by third parties in relation to their use of the Application.
6. Orders and Purchasing
The Customer may place orders by contacting Psious through any of its authorized sales representatives, who will inform the Customer of all the steps to be taken to place the order in accordance with the contract packs.
Once the order has been placed, Psious will send the Customer the products included in its contract pack within approximately twenty (20) days.
In addition, Psious will send to you by email, at the address you provide for this purpose, your passwords and other information for the proper use of the Application.
The price of the License will be the one indicated according to the plan contracted through the commercial communications.
The Customer agrees to receive invoices for their purchases electronically. Electronic invoices will be provided in PDF format through the portal accessible from the private area of the platform.
7. Customs Information
When the Customer places an order for products on the Website for delivery to a country outside the European Union, the Customer may be required to pay import duties and taxes, which will be charged to the Customer upon arrival of the package. Any additional amounts due to customs clearance will be borne by the Customer. Psious has no control over such amounts.
Customs policies vary significantly from country to country, so please check with your local customs office for more information. Please also remember that when you place an order with PSIOUS you are formally considered an importer by law, and must therefore comply with all applicable laws and regulations in the country where you receive the product.
8. Disclaimer of Liability
The Customer and, jointly and severally, the Professionals are solely responsible for the proper use of the Application. The information provided by the Application based on the data interpreted by the Professionals is for informational purposes only and should not serve or be used as exclusive guidance for the Professionals to make decisions about the treatment and therapy of their patients, nor does it ever replace the judgment of the Professionals. For any decision about treatment and therapy, the Professionals should rely on their own opinion, or the opinion of another qualified physician or psychology professional, but in no case on the information provided by the Application.
Professionals are solely responsible for reviewing and evaluating the accuracy and relevance of all information provided, stored, generated or received through the Application. In this regard, the Society does not offer any kind of guarantee regarding the use of the Application, nor does it recommend the adoption of any particular therapy or therapeutic measure derived from the information stored or received through the Application. The Application does not and cannot be considered as constituting a consultation or a medical or clinical treatment, therapy or prescription, nor does it replace treatment, diagnosis, therapy or supervision by Professionals. The Application does not intend to inform about diagnosis or therapeutic practice, but to guide and inform the Professional who uses the Application within the possibilities offered by it in line with current technological advances.
The Customer and the Professionals expressly release Psious from any liability for the use of the Application, as well as its directors, employees, collaborators, partners, agents, and affiliates, who, in no event, shall be liable for any loss, consequential damage, loss of profits, costs, expenses, direct or indirect damages, including, without limitation, damages for the interruption of the operation of the Application, loss of data or loss of profits, damages for the interruption of its business, nor for any contractual or other liability, including negligence or fault, incurred or suffered by the Professionals or any third party, whether arising out of or in connection with access to or use of the Application, the information contained in the Application, or information that may be provided by the Application to the Professionals, even if advised of the possibility of such damage, or otherwise and regardless of how such damage occurs.
The Parties recognize and accept that the Professionals are fully free to apply or not to apply the recommendations that the Application proposes to them at any time during the provision of their services to their patients, and, in any case, the Professionals release the Society from any liability that the Professionals may incur as a result of the damages that may be caused to patients or third parties by the application or non-application of the Application.
9. Confidentiality
The Parties acknowledge that disclosure of Confidential Information by the Professionals, during the term of the contractual relationship, or thereafter, may cause serious harm to Psious.
Accordingly, both the Client and the Professionals agree to preserve the confidentiality and secrecy of Confidential Information, and undertake not to transmit such information, in whole or in part, directly or indirectly, by themselves or through third parties, without the express written consent of Psious, unless disclosure is necessary to enable the Professionals to perform their services or terms of this contract, or such disclosure is in the interest of fulfilling a legal obligation. In addition, the Client and the Professionals may share Confidential information with their employees, managers, advisors and collaborators, and such third parties shall be jointly and severally liable for their actions.
The Parties shall take all necessary measures to preserve the confidentiality and secrecy of the Confidential Information and undertake to collaborate with the other Party in protecting this information against any violation of it, in part or in whole, by third parties, of which they may become aware.
10. Industrial and Intellectual Property
Psious has developed and is the full and exclusive owner of all Intellectual Property rights in the Application, as well as its updates, improvements, revisions, extensions, modifications, adaptations, corrections, translations, or new versions. Psious reserves all other rights not expressly granted to you under this Agreement.
Both the Client and the Professionals undertake to respect and maintain the Intellectual Property rights of the Application, as well as the documentation and information made available by Psious in compliance with these conditions.
You will cooperate with Psious in protecting such Intellectual Property rights on the Application, or any other Intellectual Property rights of Psious, and will report to Psious any infringement of such rights of which you become aware, directly or indirectly.
However, Psious authorizes you to use the graphic content (such as images, photographs, videos, etc.) included in the Application for the conduct of your business and for advertising purposes provided that such content makes mention of the Company or includes the name of the Company or the Psious trademark, all such content being visible. This authorization is granted for the term of the License and provided that you make good use of the License and do not damage the image of the Company, the Application or Psious. We may revoke this License at any time and terminate this License if we believe that you are not making good use of the graphic content or if the Company name or Psious brand is not included.
11. Protection of Personal Data
In accordance with the applicable regulations, we inform you that Psious is responsible for the processing of your personal data, which are necessary to provide the Service described in these conditions.
The purposes carried out are: manage the platform and license, activate and manage the account when applicable, answer requests, providing information related to the products.
The legal basis for the processing of your data is the execution of the service agreement and the fulfilment of a legal obligation. Your personal data will not be processed for direct marketing purposes, unless you have expressly consented to this. Your data will not be passed on to third parties, unless legally obliged to do so and unless it is necessary to carry out our service. Clients are also informed that in order to guarantee the service provided, they will receive an SMS to download the App.
Your personal data will be kept for the duration of the contractual relationship and in any case until the time limit for liability or claims related to the pre-existing contractual relationship has expired. In all other cases, the personal data provided will be kept for as long as the data subject does not request their deletion, in which case we will block them.
In accordance with the applicable legislation, you have the right to access, rectify the processing of your data for direct marketing purposes and to revoke your consent, when the legal basis for the processing is based on consent.
Under certain circumstances, in accordance with the provisions of applicable law, you may exercise your rights to limit processing and portability, in which case we will only retain them for the exercise or defense of claims.
You are also informed that Psious has implemented all the necessary technical and organizational measures to carry out the processing of your data.
You can exercise your rights by sending an e-mail to info@psious.com or by writing to the following address: St. Antoni Maria Claret, 167, (Pavilion St. Manel), 08025 Barcelona, Spain, with N.I.F. no. B-66.099.532, providing proof of your identity. Finally, in accordance with the applicable legislation, we inform you that you have the right to go to the State Data Protection Agency to file a complaint regarding the processing of your data.
12. Duration and termination of the license
These terms and conditions shall apply to each Customer from the day on which such Customer places an order with Psious and shall remain in force indefinitely, unless otherwise provided for in the contract.
The Customer may cancel the service and, therefore, terminate the License at any time provided that 15 days’ notice is given before the end of the current billing month. In the event that the Customer fails to give such notice of termination, Psious may charge the Customer for the following calendar month.
In addition, in the event that Client or its Professionals fail to comply with any of the obligations contained in these accepted terms and conditions applicable to the License, Psious may (i) terminate the License, (ii) bring legal action against Client and the failing Professional; (iii) claim damages; and (iv) require Client to return any element of the Application, who shall be obligated to do so.
Upon termination of the License, Customer shall refrain from any further use of the Application and its passwords and access users shall be blocked.
12.1. Method of cancellation of the subscription
It is a mandatory requirement for the cancellation of the subscription to have a mandatory 15-minute meeting with the customer service department in order to be able to manage the cancellation effectively.
13. Personal data of minors
In general, Psious does not process personal data of minors. Notwithstanding the above, Professionals may direct their services to minor patients, as long as they comply with the applicable legal regulations. Therefore, the Client and the Professionals exonerate Psious from any liability that may arise from the same.
14. Force Majeure
Neither Party shall be liable for any failure to perform any of its obligations under this contract if such failure is due to circumstances beyond the reasonable control of the party failing to perform, which shall be given a reasonable period of time for performance.
15. Good Faith
This contract shall be performed and carried out in good faith according to the terms in which it has been drawn up, without arbitrarily distorting the proper and usual meaning of the written words, nor restricting the effects which naturally result from the way in which the Parties have explained their will and contracted their obligations.
16. Notifications
Those addressed to the Society:
PSICO SMART APPS, S.L.
St. Antoni Maria Claret, 167, (Pavilion St. Manel) 08025 Barcelona, Spain
Phone: 93 676 40 77
E-mail: info@psious.com
17. Applicable law and jurisdiction
The terms and conditions of this Contract will be governed by the Spanish legislation in force at any given time. The Client expressly and irrevocably agrees to submit any dispute that may arise in the interpretation, performance, or application of this Contract to the exclusive jurisdiction of the Courts and Tribunals of the city of Barcelona (Spain).
18. Modification
The Company reserves the right to modify these general conditions.
Version updated in January 2022.