Terms of Use

1. Definitions

In these Terms of Use, unless the context otherwise requires, the following terms shall have the meanings assigned to them below:

"Platform" refers to the Mindswell website (www.Mindswell.com), mobile application(s), and all associated software, services, tools, and features provided by Mindswell Innovations LLP.

"User" or "You" refers to any individual who accesses or uses the Platform, including Patients, Practitioners, and Visitors.

"Patient" or "End-User" refers to any individual who registers on the Platform to seek, schedule, or receive mental health consultation or related services from a Practitioner.

"Practitioner" refers to a licensed and verified psychiatrist, psychologist, therapist, or other qualified mental health professional who registers on and provides services through the Platform.

"Session" refers to any consultation, therapy session, or interaction conducted between a Patient and a Practitioner via the Platform, whether by video call, audio call, or chat.

"Session Records" means any notes, prescriptions, reports, session summaries, or documentation generated in connection with a Session.

"Services" means the online psychiatry consultation, appointment scheduling, secure messaging, tele-mental health, prescription management, and any ancillary services offered through the Platform.

"Content" means any information, text, graphics, audio, video, data, or other material uploaded, submitted, posted, or transmitted through the Platform by any User.

"Personal Information" means any information that relates to a natural person which, either directly or indirectly, in combination with any other information, is capable of identifying that person.

"Sensitive Personal Information" means Personal Information relating to physical or mental health, medical records, financial data, passwords, and other categories as defined under applicable law.

2. Eligibility and Registration

2.1 General Eligibility

The Platform is available only to individuals who are at least 18 years of age. By using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding agreements under applicable law. If you are accessing the Platform on behalf of a minor (e.g., as a parent or legal guardian), you represent that you have the legal authority to do so and accept these Terms on their behalf.

2.2 Practitioner Eligibility

To register as a Practitioner, you must:

• Hold the qualification and registration required by applicable law for the specific title and scope of practice you offer through the Platform — for example: (i) if you register as a psychiatrist or otherwise offer services that constitute the practice of medicine, a valid medical degree and current registration with the National Medical Commission or the applicable State Medical Council; (ii) if you register as a Clinical Psychologist, the qualification and registration required by the Rehabilitation Council of India; or (iii) if you register to provide other mental-health services (for example, as a counsellor or therapist) for which no single central regulator exists, a recognized degree or equivalent qualification in psychology, counselling, or an allied discipline, together with membership of, and adherence to the code of conduct of, a recognized professional body;
• Possess all applicable licenses, certifications, and qualifications required to practice psychiatry or provide mental health services in your jurisdiction;
• Maintain valid professional indemnity insurance as required by applicable law;
• Comply with all applicable telemedicine regulations, including the Telemedicine Practice Guidelines issued by the Ministry of Health and Family Welfare, Government of India (as applicable), and any amendments thereto.

2.3 Account Registration

To access certain features of the Platform, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration and keep it updated;
• Maintain the confidentiality of your account credentials and not share them with any third party;
• Notify Mindswell immediately at support@Mindswell.com upon becoming aware of any unauthorized access to or use of your account;
• Accept responsibility for all activities that occur under your account.

Mindswell reserves the right to suspend or terminate any account at its sole discretion if it determines that the information provided is inaccurate, incomplete, or in violation of these Terms.

3. Nature of Services and Medical Disclaimer

3.1 Platform as Intermediary

Mindswell is a technology intermediary that facilitates online consultations between Patients and independently practicing Practitioners. Mindswell does not itself practice medicine or psychiatry, does not employ the Practitioners listed on the Platform (unless expressly stated), and is not responsible for the professional advice, diagnosis, treatment, or prescriptions provided by Practitioners.

3.2 Not a Substitute for Emergency Care

THE PLATFORM IS NOT DESIGNED FOR, AND MUST NOT BE USED IN, MEDICAL EMERGENCIES OR CRISIS SITUATIONS. If you or someone you know is experiencing a mental health crisis, suicidal ideation, risk of self-harm, or any other medical emergency, please immediately call your local emergency services (e.g., 112 in India, iCall: 9152987821, Vandrevala Foundation: 1860-2662-345) or proceed to the nearest hospital emergency room. The Government of India’s Tele-MANAS mental health helpline (14416 or 1800-891-4416) and the KIRAN helpline (1800-599-0019) are also available 24x7.

3.3 Limitation of Advice

Information provided on the Platform — including articles, blogs, FAQs, and general content — is for informational purposes only and does not constitute professional medical advice. Always consult a qualified healthcare professional for diagnosis and treatment of any medical condition.

3.4 Practitioner Independence

Practitioners on the Platform exercise independent professional judgment. Mindswell does not interfere in the clinical decision-making of Practitioners. The clinical relationship is solely between the Patient and the Practitioner. Mindswell cannot guarantee the accuracy, quality, safety, or appropriateness of any clinical advice given by a Practitioner.

4. User Obligations and Conduct

4.1 General Obligations — All Users

All Users agree to:

• Use the Platform only for lawful purposes and in compliance with all applicable laws and regulations;
• Not upload or transmit any harmful, offensive, defamatory, obscene, or unlawful Content;
• Not impersonate any person or entity or misrepresent your identity or affiliation;
• Not use automated systems (bots, scrapers, spiders) to access or extract data from the Platform without prior written consent;
• Not attempt to gain unauthorized access to any part of the Platform or its related systems;
• Not engage in any conduct that disrupts, damages, or impairs the functionality of the Platform;
• Not use the Platform to harass, abuse, threaten, or harm any other User or Practitioner.

4.2 Obligations of Patients

In addition to the general obligations above, Patients specifically agree to:

• Provide accurate medical history, symptoms, and relevant personal information to their Practitioner to enable appropriate care;
• Attend scheduled Sessions punctually or provide adequate notice of cancellation in accordance with the cancellation policy;
• Use Session recordings (if permitted) only for personal reference and not share them without the Practitioner's consent;
• Not record Sessions without the express prior consent of the Practitioner and compliance with applicable laws;
• Comply with the payment terms and not initiate fraudulent chargebacks.

4.3 Obligations of Practitioners

In addition to the general obligations above, Practitioners specifically agree to:

• Conduct Sessions in accordance with the highest professional and ethical standards applicable to their field;
• Maintain accurate patient records and prescriptions as required by law;
• Comply with all applicable telemedicine guidelines and regulations;
• Promptly update their profile with any changes in licensing, qualification, or availability;
• Not prescribe any medication unless the Practitioner is a Registered Medical Practitioner lawfully authorized to do so, and not prescribe a controlled substance under the Narcotic Drugs and Psychotropic Substances Act, 1985 or a medicine under Schedule H, H1, or X of the Drugs and Cosmetics Rules, 1945 except in accordance with applicable law and the Telemedicine Practice Guidelines, 2020 (including any restrictions on prescribing such medicines through teleconsultation);
• Maintain patient confidentiality in accordance with applicable law and these Terms;
• Carry and maintain valid professional liability insurance;
• Disclose any conflicts of interest to Patients prior to or during Sessions.

5. Booking, Cancellation, and Payments

5.1 Appointment Booking

Patients may book Sessions with available Practitioners through the Platform. All appointments are subject to Practitioner availability and confirmation. Mindswell does not guarantee the availability of any specific Practitioner.

5.2 Cancellation and Rescheduling

• Cancellations made more than 24 hours before the scheduled Session are eligible for a full refund or rescheduling without charge.
• Cancellations made between 12 and 24 hours before the Session may be charged a cancellation fee of up to 50% of the Session fee.
• Cancellations made less than 12 hours before the Session or no-shows will generally not be eligible for a refund.
• Mindswell reserves the right to modify the cancellation policy with prior notice.

5.3 Payments

All payments for Sessions are processed through secure third-party payment gateways. Mindswell is not responsible for any payment failures, delays, or errors attributable to payment gateways or banking systems. By making a payment, you authorize the applicable payment processor to charge the designated payment method. In accordance with Reserve Bank of India directions on storage of payment system data, payment transaction data relating to Users in India will be stored only on systems located in India.

5.4 Refunds

Refund requests must be submitted within 7 days of the relevant Session or transaction. Mindswell will review requests and process eligible refunds within 10–15 business days. Mindswell's decision regarding refunds shall be final and binding, subject to applicable consumer protection laws.

5.5 Practitioner Payouts

Practitioners shall receive payouts for completed Sessions in accordance with the Practitioner Agreement separately entered into between the Practitioner and Mindswell. Mindswell may deduct applicable service/platform fees and taxes before remitting payouts.

6. Telemedicine Compliance and Session Conduct

6.1 Telemedicine Guidelines

All Practitioners and Patients must comply with the Telemedicine Practice Guidelines issued by the Ministry of Health and Family Welfare, Government of India, and any other applicable regulations governing teleconsultation in their jurisdiction. Practitioners are solely responsible for assessing the appropriateness of telemedicine for each individual patient. The Telemedicine Practice Guidelines, 2020 apply, by their terms, to Registered Medical Practitioners; Practitioners who are not Registered Medical Practitioners (for example, clinical psychologists, counsellors, or therapists) will instead follow the code of conduct applicable to their own professional body.

6.2 Recording of Sessions

Sessions may not be recorded by either party without the express prior written consent of the other party. Any recording made in violation of this clause may constitute a violation of applicable privacy laws. Mindswell does not record Sessions unless explicitly disclosed and consented to by all parties.

6.3 Technical Requirements

Users are responsible for ensuring they have the necessary hardware, software, and internet connectivity to participate in Sessions. Mindswell does not warrant uninterrupted availability of the Platform and shall not be liable for technical failures beyond its reasonable control. Mindswell will further not be liable for any delay or failure to perform its obligations under these Terms due to a Force Majeure Event, being any cause beyond its reasonable control, including natural disasters, epidemic or pandemic, war, act of government, or failure of a third-party service provider, provided Mindswell uses reasonable efforts to mitigate the impact and resume performance.

7. Intellectual Property Rights

7.1 Ownership

All intellectual property rights in and to the Platform, including its design, software, code, databases, logos, trademarks, service marks, and proprietary content, are owned by or licensed to Mindswell Innovations LLP. Nothing in these Terms grants you any right, title, or interest in or to Mindswell's intellectual property.

7.2 User Content License

By submitting or uploading any Content to the Platform, you grant Mindswell a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and store such Content solely for the purpose of providing the Services. You retain ownership of your Content. You represent and warrant that you have all necessary rights to grant this license. This license does not extend to using Session Records or health information for marketing or any purpose beyond providing the Services and complying with applicable law; access to and use of such information remains governed by the confidentiality provisions of the Privacy Policy.

7.3 Prohibited Use

You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or exploit any part of the Platform or its content without the prior written consent of Mindswell.

8. Disclaimers and Limitation of Liability

8.1 Disclaimer of Warranties

The platform and services are provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted access. Mindswell does not warrant that the platform will be error-free, secure, or free of viruses or other harmful components.

8.2 Limitation of Liability

To the maximum extent permitted by applicable law, Mindswell and its directors, officers, employees, affiliates, agents, and licensors shall not be liable for: (a) any indirect, incidental, special, consequential, or punitive damages; (b) any loss of profits, data, business, or goodwill; (c) any harm resulting from reliance on clinical advice provided by practitioners; or (d) any technical failures or service interruptions. In no event shall Mindswell's aggregate liability to you exceed the total amount paid by you to Mindswell in the three (3) months preceding the claim. Nothing in this Section 8.2 excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, wilful misconduct, or gross negligence, or any non-waivable rights available to a consumer under applicable law.

8.3 Indemnification

You agree to indemnify, defend, and hold harmless Mindswell Innovations LLP and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any inaccurate or incomplete information you provided to the Platform. This indemnity does not require a consumer to indemnify Mindswell for Mindswell’s own negligence, unlawful act, or any liability that applicable law does not permit to be excluded.

9. Termination and Suspension

Mindswell reserves the right to suspend or terminate your access to the Platform, with or without notice, if:

• You breach any provision of these Terms;
• You engage in fraudulent, illegal, or abusive conduct;
• A Practitioner's license is revoked or suspended by the relevant authority;
• Mindswell discontinues the Platform or any part of it.

Upon termination, your right to access and use the Platform ceases immediately. Provisions of these Terms that by their nature should survive termination (including confidentiality, indemnification, and limitation of liability) shall survive.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India. Any dispute arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Ahmedabad, Gujarat India.

10.2 Dispute Resolution

Any dispute that is legally capable of private arbitration and is not required to be heard by a consumer commission, statutory authority, court, or other forum with non-waivable jurisdiction may be referred to arbitration under the Arbitration and Conciliation Act, 1996, as amended. The tribunal will consist of a sole arbitrator appointed in accordance with that Act. The seat and venue of arbitration will be Ahmedabad, Gujarat, India, and the language will be English. The sole arbitrator will be appointed by mutual agreement of the parties within 30 days of a notice invoking arbitration, failing which either party may apply for appointment in accordance with that Act.

11. Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy and any Practitioner Agreement, constitute the entire agreement between you and Mindswell with respect to the Platform.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Failure by Mindswell to enforce any provision of these Terms shall not constitute a waiver of its right to do so in the future.
• Assignment: You may not assign your rights or obligations under these Terms without Mindswell's prior written consent. Mindswell may assign its rights freely.
• Amendments: Mindswell will provide reasonable notice of material changes to these Terms (for example, by email or in-app notification) before or when they take effect, where required by applicable law.
• Contact and Consumer Grievance Redressal: For queries regarding these Terms, or complaints relating to bookings, payments, refunds, or use of the Platform, please contact us at legal@Mindswell.com or the Grievance Officer identified in Part II, Section 11. The Grievance Officer identified there also serves, as applicable, as the Grievance Officer for consumer complaints under the Consumer Protection (E-Commerce) Rules, 2020.