DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES.
You hereby certify that you are (i) over the age of eighteen (18) or have the legal ability to consent to Therapy or have your Parent/Guardian consent to Therapy, and (ii) physically located or are a resident of the State or Country you have chosen as your current residency when creating your Account. You agree to provide “Contact Information” (your personal contact and/or a close family member/relation) to your Therapist to act as an information source to be used in case of a mental health crisis or other emergency where knowledge of your location is crucial. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of the information you provide regarding your age, residence and Contact Information and that the therapists you access (“Therapist(s)”) are relying upon this certification in order to interact with you and provide the Services.
Other than information received directly by you from a Therapist, the Content should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation, Talkspace does not recommend or endorse any specific tests, providers, medications, products or procedures.
To access the Services, you must first enroll to establish an individual user account (“Account”), by providing certain information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service and, if applicable, in order for providers to send notices to you, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form (understanding you may use an anonymous user name or nickname after you provide your Contact Information); and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Talkspace has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, Talkspace reserves the right to transition your treatment to another therapist outside of Talkspace and refuse any future request(s) to use the Talkspace Services. You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (if any) and any other security information related to your Account. Talkspace will not be liable for any loss that you incur as a result of someone else using your Account, either with or without your knowledge.
Accounts Accessed through Employer Assistant Programs (EAP(s)) or other Network Benefit Programs
In addition to the registration described above, access to the Services through an EAP or an Employer sponsored benefit plan or other insurance backed plans may require you to provide additional registration information. This information is collected to confirm your eligibility with the EAP or network benefit administrator and is not shared with your Therapist (who will collect your contact information separately). Further, your Employer or the Employer of the subscriber of your benefits will not be provided this information (you likely already gave them similar information in your employee file unless you are a family member of an eligible employee) and your employer will not be told you or your family member are using the Services unless such information is shared by you or part of a pre-arranged special program. Information collected under these circumstances will include but not be limited to:
- a. First Name
- b. Last Name
- c. Email
- d. Date of Birth
- e. Phone number
- f. Who you are (employee or the spouse, domestic partner, or dependent of an employee in certain programs)
- g. Employer's name
This information is required to confirm program or benefit eligibility, your specific benefits, and to prevent insurance and benefit fraud.
You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms. You shall not post, use, store or transmit (i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither Talkspace nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.
The following terms apply to any App accessed through or downloaded from any source (such as the Apple App Store or other similar platforms) where the App is made available (each such distribution platform an "App Provider"). You acknowledge and agree that:
• these Terms are between you and Talkspace, and not with the App Provider, and that Talkspace (not the App Provider), is solely responsible for the App; and
• the App Provider has no obligation to furnish any maintenance and support services with respect to the App claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Talkspace.
If you download the App, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may require that you download upgrades, updates and additional features we publish in order to improve, enhance, and further develop the software, Service, or App. The Service may change from time to time and/or Talkspace may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you.
Any payment you make for the use of the Services is used to compensate Talkspace for its software development, overhead, administrative services and other corporate costs and fees, including transaction fees for credit card usage.
The Therapists practicing through the Service also pay for the use of the Talkspace technology and for administrative fees. Part of your payment for the use of the Services, accounted for separately, is remitted to the Therapist for the clinical services provided to you. Talkspace does not participate, split, or take a percentage of this payment to the Therapist. Regardless of any payments made, Talkspace does not hold itself out as the direct provider of any Therapist services. You agree to pay all fees and charges associated with your Account on a timely basis in accordance with the fee schedule, and the terms and rates published by Talkspace from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged to the credit card you provided during the initial setup of your Account. You agree to maintain valid credit card information in your Account. By providing Talkspace with credit card information you authorize Talkspace to bill and charge your credit card.
If you access the Services through a EAP or an Employer sponsored benefit plan or other insurance backed plan, your payment will be arranged by a third party “Payor” which is a third party that administers or insures the benefit program you are a member of through your employer. In this instance, you may still be responsible for co-payment or payment for additional services which are explained in your benefit program.
Talkspace does not employ the Therapists matched through the Service. Furthermore, Talkspace assumes no responsibility for the quality of the therapeutic services a Therapist provides, nor any act, omission or wrongdoing of any Therapist. While Talkspace will help you match with a Therapist, help you find a new Therapist if the match is unsuccessful, and follow up on any complaints about your current Therapist, Talkspace makes no representation or warranty whatsoever as to whether you will find the Therapist’s services relevant, useful, correct, satisfactory or suitable to your needs.
While Talkspace has arranged for extensive credentialing of the Therapists practicing on the Platform, Talkspace cannot legally guarantee the verification of degrees, qualifications, licensure, certification, credentials, competence, or background of any Therapist as documents may be presented to Talkspace, third party credentialing services, and state licensing and certification bodies as accurate when they are not. Your relationship with the Therapist is strictly with the Therapist. Talkspace is not involved in the Therapist-patient relationship and does not validate or control the Therapist’s provision of counseling. You are advised to exercise a high level of care and caution in the use of Talkspace. You agree, confirm and acknowledge that you are aware of the fact that in some cases, the care offered through the Service may not be a full and complete substitute for a face-to-face session by a licensed Therapist. You should never rely on or make health or well-being decisions purely on the use of Talkspace. Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified healthcare therapist by traditional face-to-face appointment or other means because of information or advice you received through Talkspace.
All of the content available on or through the Service is the property of Talkspace or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of Talkspace or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.
"Talkspace" and "Unlimited Messaging Therapy" are copyright terms. All rights reserved. Subject to the terms of this Agreement, Talkspace hereby grants you a limited, revocable, nontransferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service.
The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.
ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TALKSPACE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, TALKSPACE DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES TALKSPACE MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. TALKSPACE CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.
Limitations of Liability
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL TALKSPACE, ANY TALKSPACE LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL TALKSPACE, ITS LICENSORS OR SUPPLIERS OF NON-MEDICAL SERVICES OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF TALKSPACE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Any link (including a hyperlink, button or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by Talkspace, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship to Talkspace. Talkspace does not endorse the content on any third-party websites. Talkspace is not responsible for the content of linked third-party websites or third-party advertisements, and does not make any representations regarding its content or accuracy. Talkspace does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
International Use and The GDPR
Finally, dependent of your EU country or origin, the GDPR takes into account that the right “To forget” or request deletion of your data may conflict with medical records retention laws, which in the United Sates requires at least seven years of retention, which is common around the world and is sometime longer. So, unlike some data platforms, Talkspace cannot erase private health data directly upon a Client’s request, as it may be consider essential for other medical file retention purposes that are exceptions to the GDPR regulations.
Talkspace may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. Talkspace has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Talkspace reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.
You affirmatively consent to the fact that Talkspace's Clinical Oversight Personnel will, as needed, review your particular "Session Transcripts" or "Rooms" in a de-identified form for the following purposes:
• During your on-boarding and during the Therapist matching process to ascertain you are able to successfully engage with the Therapist. This access to only de-identified information may be accomplished using a Talkspace on-boarding specialist and not a Therapist;
• To review your complaint about a particular issue/instance that your report about Therapist;
• For your safety concerns or complaints of unethical Therapist practices;
• To transition you to a new Therapist or if your account is non responsive or inactive for an extended period of time; or
• To address the raised quality assurance concern(s).
You consent to Talkspace using "Meta Data" and other search terms to scan de-identified transcripts to search for trends and patterns that may affect the quality of the Services provided to you or the practices of the Therapists. If your particular complaint requires review of Session Transcripts in the original form, you consent to a Talkspace Licensed Oversight Therapist accessing your account only to respond to your particular complaint or raised issue.
You Consent to Talkspace recording your calls to Customer Service to assure Quality Assurance.
You affirmatively grant Talkspace permission to have your Therapist periodically provide non-content based clinical assessments of your progress to Talkspace. You understand that Talkspace provides the Therapists with clinical assessment tools that serve to provide information on your mental health and well-being; and that results can be seen by your Therapist to discuss with you.
All de-identified data, meta-data and research data collected by Talkspace through your use of the Services remains the sole property of Talkspace. Talkspace may share some or all of this research data with third parties in connection with joint or outside research, analytics, or similar purposes. Research data is used in non identifiable aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. You shall not request that Talkspace remove or delete any of such data. You agree that the email username you provide can be used by Talkspace to send you marketing offers from Talkspace..
You acknowledge that Talkspace must store all personal data as required by law, typically for no less than seven (7) years, and may not delete such medical records data, even upon your direct request.
From time to time Talkspace offers free programs to its Clients. These include, but are not limited to topics related sexual assault LGTB issues, PTSD and other specific issues. These programs are limited to a certain number of individuals and chosen conditions for which you may not qualify. Your participation in these programs is voluntary and separate agreements and waiver forms may be required.
Talkspace participates in research studies with select universities. You may be offered the opportunity to participate in these studies. These studies may include separate agreement forms, waivers and confidentiality terms that you will have to review and accept separate from these Terms.
Gift cards are available for purchase to be used solely towards the use of the Service (“Gift Card”). A Gift Card is not a credit or debit card and has no implied warranties. A Gift Card is not redeemable for cash unless required by law and cannot be used to make payments on any charge account. Gift Cards cannot be used to buy other Gift Cards. Gift Cards are not valid or redeemable after the expiration date associated with the Gift Card. Talkspace reserves the right to deactivate or reject any Gift Card issued or procured, directly or indirectly, in connection with fraudulent actions, unless prohibited by law.
Lost or stolen Gift Cards can only be replaced upon presentation of original sales receipt for any remaining balance. It will be void if altered or defaced.
Talkspace is not responsible for emailed Gift Cards that do not reach their intended recipient for any reason. Bounced email is not monitored.
TALKSPACE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR TALKSPACE BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND TALKSPACE’S SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of the Service will be resolved by binding confidential arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must interpret these Terms as a court would.
It is agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Talkspace and you each waive any right to a jury trial. It is further agreed that you may not bring suit in court to enjoin infringement or other misuse of intellectual property rights.
These Terms are governed by the laws of the State of Delaware, without regard to any conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the New York courts. Talkspace’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by Talkspace may be delivered by electronic mail to the address provided during the creation of your Account. These Terms constitute the entire agreement between Talkspace and yourself regarding the Service, and supersede and replace any prior agreements you and Talkspace might have regarding the Service. Talkspace may revise these Terms from time to time without notice to you. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
These Terms were last updated on September 1, 2018 and are deemed effective as amended as of this date.