Terms of Use

Last updated: July 17th, 2024 

Welcome to Psyche (the “Platform”), owned and operated by Psyche Care Inc. (“Psyche,” “we,” “our,” or “us”). The Psyche Care Platform allows parents, legal guardians, and caregivers (“Caregivers”) to access digital support and training to help manage and improve their children’s mental health and wellness at home. The Platform provides access to a variety of services, including direct caregiver coaching, personalized educational content, emotional support, and crisis management resources (“Services”).

By using the Platform, you acknowledge and agree to the following legally binding Terms of Use (“Terms”). The terms “you” and “your” refer collectively to Caregivers and other users of the Services, including legal guardians of children enrolled in the Platform. Please read these Terms carefully. If you do not agree to these Terms, you may not use or access the Platform or the Services.

1. Use of Services

1.1 Eligibility

To use our Services, you must be at least 18 years of age or have legal authority to act as a guardian for a child enrolled in the program. You agree that all information provided during registration is true, accurate, and complete.

1.2 Registration and Account Responsibility

You must create an account (“Account”) to access the Platform. By creating an Account, you agree to provide accurate and complete information and to keep your Account credentials confidential. You are solely responsible for maintaining the security of your Account and all activity conducted under your Account. If you become aware of any unauthorized access to your Account, you must notify us immediately at mallika.pajjuri@gmail.com. 

1.3 Communication and Consent

By registering for the Services, you consent to receive communications from Psyche Care Inc. via email, SMS, or phone calls. Communications are exclusively directed to parents or legal guardians, and not to children. These communications may include service updates, reminders, coaching support, and educational resources. You may opt out of non-essential communications at any time by following the instructions provided in the messages. Essential service-related communications, however, may still be sent.

2. Description of Services

Psyche Care Inc. offers Caregivers training and support to manage mental health and emotional challenges in children and adolescents. The Services include:

• One-on-one coaching with certified peer mentors and care experts.

• Crisis management training.

• Daily or weekly educational materials and check-ins via SMS.

• Access to support communities and peer groups.

Important Note: Psyche Care Inc. does not provide clinical mental health services or emergency medical care. Our Services are intended to offer guidance, emotional support, and behavioral management strategies for caregivers but are not a replacement for professional medical treatment or therapy. If your child is experiencing a medical or mental health emergency, call 911 or seek immediate medical attention.

3. User Responsibilities and Conduct

3.1 Appropriate Use

You agree to use the Platform in compliance with all applicable laws and regulations. You will not engage in activities that could harm or disrupt the Platform or violate the rights of other users. Prohibited activities include:

• Sharing false or misleading information.

• Attempting to access another user’s Account without permission.

• Engaging in fraudulent or harmful behaviors.

3.2 Service Limitations

The Services are intended to support family mental wellness. They are not to be used in place of professional medical or psychiatric services. You acknowledge that Psyche Care Inc. cannot guarantee specific outcomes or results from using the Services.

3.3 Account Termination

We reserve the right to suspend or terminate your access to the Platform if we determine that you have violated these Terms or engaged in activities that negatively affect the Platform or other users.

4. Privacy Policy and Data Usage

Your use of the Platform is subject to our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy outlines how we collect, use, and protect your personal information. By using the Platform, you consent to the collection and processing of your personal data as described in the Privacy Policy.

5. Fees, Payments, and Subscription

5.1 Fees for Services

Access to certain Services on the Platform may require payment of fees. Psyche Care Inc. accepts various forms of payment, including insurance, Medicaid, and other third-party payers, depending on the outcome of the intake process. You may be responsible for any balance not covered by your insurance or Medicaid. Any charges for uncovered services or out-of-pocket expenses will be communicated to you before billing. By subscribing or enrolling in the Services, you agree to pay any applicable fees, including those that may arise after the intake process, in accordance with the billing terms provided to you. Subscription fees and other payments are generally non-refundable unless otherwise specified.

5.2 Automatic Renewal

Your subscription will automatically renew at the end of each subscription period unless you opt out of automatic renewal at least 30 days before the renewal date. To manage or cancel your subscription, contact our support team at mallika.pajjuri@gmail.com.  Failure to cancel in accordance with this section will result in the automatic renewal of your subscription and continued billing.

6. Intellectual Property

All content, software, designs, logos, trademarks, and other materials provided through the Platform are the property of Psyche Care Inc. or its licensors. You may not copy, modify, distribute, or use any part of the Platform or Services without our prior written consent. Unauthorized use of our intellectual property is strictly prohibited.

7. Limitation of Liability

To the fullest extent permitted by law, Psyche Care Inc. shall not be liable for any direct, indirect, incidental, or consequential damages arising from your use of the Platform or Services. You acknowledge that the Services are provided “as-is” and “as-available” without any warranty, express or implied.

8. Arbitration and Dispute Resolution

8.1 Binding Arbitration

Any disputes arising from your use of the Platform will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. By agreeing to these Terms, you waive your right to a trial by jury or to participate in a class action lawsuit.

8.2 Applicability of Arbitration Agreement

Subject to the terms of this Arbitration Agreement, you and Psyche Care Inc. agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Services or Platform, or these Terms, including claims and disputes that arose between us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that:

1. You and Psyche Care Inc. may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and

2. You or Psyche Care Inc. may seek equitable relief in court for infringement or misuse of intellectual property rights (such as trademarks, trade secrets, copyrights, etc.).

For purposes of this Arbitration Agreement, “Dispute” includes disputes arising or involving facts occurring before the existence of this or any prior versions of these Terms, as well as claims that may arise after the termination of these Terms.

8.3 Informal Dispute Resolution

In the event a Dispute arises, both parties agree to engage in good faith efforts to resolve the Dispute informally before pursuing arbitration. Psyche Care Inc. is committed to working with you to reach a reasonable resolution. Before either party initiates arbitration or a small claims court action, the parties agree to conduct an Informal Dispute Resolution Conference telephonically or via videoconference. Both parties will personally attend this conference and, if represented by counsel, both the user and their counsel must participate.

The party initiating a Dispute must provide written notice to the other party, detailing the Dispute and their intent to initiate an Informal Dispute Resolution Conference. This notice must include:

• Your name, telephone number, mailing address, and email address associated with your account.

• A description of the Dispute and relevant supporting facts.

Notice to Psyche Care Inc. should be sent to mallika.pajjuri@gmail.com. 

The Informal Dispute Resolution Conference must be held within 45 days of the Notice being sent, unless both parties mutually agree to an extension. Engaging in this conference is a requirement that must be met before proceeding to arbitration. The statute of limitations and filing deadlines are tolled while the parties engage in the Informal Dispute Resolution Conference.

8.4 Waiver of Jury Trial

YOU AND PSYCHE CARE INC. HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Psyche Care Inc. agree that all Disputes shall be resolved through binding arbitration under this Arbitration Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

8.5 Waiver of Class and Collective Actions

YOU AND PSYCHE CARE INC. AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. Each party waives all rights to have any Dispute brought, heard, or arbitrated as a class or collective action. Disputes involving more than one user cannot be consolidated in a single arbitration. Only individual relief is available.

In the event a court rules that this waiver of class actions is invalid or unenforceable, any Dispute subject to the invalid provision must be litigated in court rather than arbitration.

8.6 Arbitration Rules and Forum

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. If the Informal Dispute Resolution process does not resolve a Dispute within 60 days, either party may initiate binding arbitration. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org.

To initiate arbitration, the requesting party must provide a written request to the other party, including:

• The name, contact information, and account details of the party seeking arbitration.

• A statement of the legal claims and the factual basis for each claim.

• The relief sought, along with a calculation of the amount in controversy.

Arbitration will take place in the county where you reside, or in another mutually agreed location.

8.7 Confidentiality

All arbitration proceedings, including any evidence, materials, and documents shared, must be kept confidential by both parties and may only be disclosed to those directly involved in the arbitration process.

8.8 Arbitrator’s Authority

The arbitrator shall have exclusive authority to resolve any Dispute, including disputes relating to the interpretation or enforceability of this Arbitration Agreement. The arbitrator may issue rulings on motions and will issue a written decision that includes the findings and conclusions supporting the award. The arbitrator’s award is final and binding on both parties.

8.9 Attorneys’ Fees and Costs

Both parties will bear their own legal fees and costs during arbitration unless the arbitrator finds that a claim was frivolous or brought for an improper purpose. In such a case, the arbitrator may award reasonable attorneys’ fees to the prevailing party.

8.10 30-Day Right to Opt-Out

You have the right to opt out of this Arbitration Agreement within 30 days of first becoming subject to these Terms. To opt out, you must send a written notice to Psyche Care Inc. at [Insert Contact Email or Mailing Address] stating that you do not agree to arbitration. Your notice must include your name, account information, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration will not affect your use of the Services or other Terms.

8.11 Severability

If any part of this Arbitration Agreement is found invalid or unenforceable, the remaining portions will continue to be valid and enforceable, except as provided in the Waiver of Class and Collective Actions section.

9. Updates to Terms of Use

We may modify these Terms at any time by posting an updated version on our website or sending you an email notification. Continued use of the Platform after changes to the Terms will constitute acceptance of those changes.

10. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at:

Email: mallika.pajjuri@gmail.com 

Mailing Address: 3 Kinnaird street, Apt 3, Cambridge MA 02139