Stillpoint Spaces Clients Terms of Use

This Terms of service (“Terms”, “ToS”) applies to www.stillpointspaces.com providing an online counselling platform and website owned and operated by Stillpoint Zürich GmbH (“Stillpoint”, “Service provider”) under the brand name Stillpoint Spaces(“Service”, “Platform”). This includes all the websites and subdomains where link to this ToS is displayed. Capitalized terms not defined in this ToS have the meaning given to them in our Privacy Policy (“PP”) which is an integral part of this agreement and applies to all sites operating under the Stillpoint Spaces brand.

Please read this Terms of Service carefully before accessing or using the Service. By accessing or using any part of Stillpoint Spaces you agree to become bound to the terms and conditions of this document and Stillpoint Spaces’ Privacy Policy.

  1. General terms and conditions:
    1. This Terms of Service constitutes the entire agreement between Stillpoint and customer concerning the use of the platform and they may only be modified by a written amendment signed by an authorised executive of Stillpoint or by the posting by Stillpoint of the revised version. Privacy Policy, is integral part of the agreement.
    2. By registering to the the platform, users understand that they are entering into a contractual relationship for the term of their registration with Stillpoint and are thus bound by this ToS and PP.
    3. Stillpoint Spaces provides services according to description in section 3 in a software as a service model. To use the platform users have to be individuals of legal age to form a binding contract. See section 4.b.
    4. Utilization of the Platform by Minors: The provision of online counseling services by Counselors through the Services is available for use by Minors, provided that Minors must have permission from their parent or legal guardian and the Minor’s parent or legal guardian must agree to these Terms of Service prior to allowing the Minor to access the platform. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with our Terms and our Privacy Policy.
    5. Stillpoint Spaces reserves the right to amend or add to the ToS and PP at any time and at its sole discretion. Stillpoint Spaces may inform users about amendments or additions; however, it is the responsibility of the user to review the ToS from time to time.
    6. Continued use of or access to the service following the posting of any changes to this ToS or Privacy Policy constitutes acceptance of those changes.
    7. Stillpoint Spaces may expand scope of the the service. Those additions will be subject to the terms and conditions described here.
    8. Stillpoint Spaces does not provide Counselling or supervise the Counsellors using the platform
    9. All Counselors represent that they have degrees or other appropriate qualifications to provide Counseling. Stillpoint attempts to confirm the credentials of all Counselors however Stillpoint is not responsible to credentialing providers and makes no representation or warranty regarding the accuracy of any Counselor credentials. We highly recommend Clients separately confirm that a Counsellor is in good standing with his/her board.
  2. Definitions:
    1. Account - password protected and connected with unique email way to access the service by the user created upon registration to the service. There are two types of accounts - client accounts for users seeking the counselling and counsellor accounts for users that are counselling providers.
    2. Account Activation - this is an event after which the user is able to use full service functionality, depending on the account type selected upon registration.
    3. Client - user seeking for and receiving the counselling.
    4. Counsellor - user providing the counselling for the clients.
    5. Counselling - this includes, but it not limited to, psychological and social counselling, coaching, analysis, psychoanalysis, therapy and/or psychotherapy depending on, and restricted to, the qualification and licensure requirements that legally pertain to individual Counsellors in their actual physical location. Counselling can be conducted in-person or through the platform.
    6. Counselor profile - Counsellor’s individual web page displayed in one or more of counsellor directories presenting counsellor user and his offer
    7. Customer - user paying Stillpoint Spaces for services. At the moment counsellors are customers, clients are not
    8. Minor - A person under the age at which they have the legal capacity to enter into a contract in their jurisdiction, generally 18 years of age.
    9. Platform - our website, counselor profile, and services, which include televideo sessions, messaging, billing, and scheduling capabilities.
    10. Privacy Policy - a policy on how Stillpoint Spaces gathers, uses, discloses, and manages a user’s data with the goal to protect the user’s privacy.
    11. Registration - process of creating the account and accepting the contract by the user.
    12. Session - a period of time when Counseling is provided
    13. Service fee - payments owed to Stillpoint Spaces, those include monthly fee according to selected Subscription Plan and transaction fees.
    14. Session fee - the fee a Counselor chooses to bill per session of Counselling
    15. Subscription Plan - the agreement to prepay a monthly fee and transaction fee for access to the Platform
    16. Transaction Fee - this is a 3,85% fee charged to Counsellors on each session fee to cover the secure transaction fee charged by our service provider, Stripe.
    17. Trial - this is a 14 day period of time when users can access the Platform free of charge.
    18. User - any person browsing our website and/or utilizing our Services
  3. Services provided by Stillpoint:
    1. Stillpoint shall provide its services to the users to the extent it deems appropriate to the following terms of service, according to selected user account type and booked Subscription Plan.
    2. Services offered by the platform include:
      • counsellor profile in Stillpoint Spaces counsellor directory.
      • tele-communication and messaging between clients and counsellors.
      • session scheduling and schedule notification system.
      • note taking and record keeping.
      • billing and payment collection.
      • other services related to counselling and education in psychology, psychoanalysis and culture.
    3. Stillpoint does not provide, and our Services do not include, mental health care or professional services related to medical care. We are a technology platform whereby counsellors can provide counselling to clients.
    4. Counsellors providing services on the website shall not be deemed or assumed to be employees or agents of Stillpoint, or associated with Stillpoint in any way. Each provider is required to obtain the clients informed consent before counselling or treatment.
    5. All providers available at Stillpoint Spaces represent that they have degrees and/or other appropriate qualifications in the areas in which they state in their profile. Stillpoint attempts to verify credentials; however, Stillpoint is not responsible for credentialing counsellors and/or verifying that they are, or remain, in good standing with their boards.
    6. The information contained on this site is not and should not be considered medical advice.
    7. Stillpoint does not endorse any counsellors nor any methods or actions that may be found on this site, All counsellors are bound to Stillpoint ethics regulations, but Stillpoint is not liable to any client for failure to take any action based upon a violation of the ethics regulations. It is the responsibility of the client to verify the competency of the counsellors. All misconduct should be reported at ethics@stillpointspaces.com.
    8. Stillpoint is committed to constantly improving and updating its services. If this process requires technical changes to the services, Stillpoint shall notify users of this in advance and shall provide them with all the necessary information regarding any technical adjustments required on their side.
    9. Neither Stillpoint nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted.
  4. Registration, contract and account types:
    1. Users have to register to fully use the service. Registration is free of charge.
    2. To register Users have to be individuals of legal age to form a binding contract. Stillpoint Spaces does not provide service for groups or organisations. Account sharing is prohibited and may be a reason for immediate service termination, the only exception being client account sharing for the purposes of family or couple counselling.
    3. By registering, you agree to this Terms of Service and Stillpoint Privacy Policy.
    4. Upon registration user should select appropriate account type. The user will choose a Client account if the user is looking for counselling and counsellor account if the user is providing counselling. Check section 6 for client users and section 7 for counsellor users respectively.
    5. Upon registration, users will be subscribed to receive service related communication (system announcements, updates, new features and tutorials). Users are free to unsubscribe, yet it is advised not to do so.
    6. User may have only one account, either the client account or the counsellor account. Possessing multiple accounts is prohibited and may be a reason for immediate service termination.
    7. Upon registration, user shall provide all required data. In case of counsellor accounts this information will be verified by Stillpoint. Not subjecting to data verification will result in immediate account termination.
  5. User obligations:
    1. The service may be used and accessed for lawful purposes only. Users agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with the use of the service. Any violation of these restrictions may result in immediate account terminations and further actions in the sole discretion of Stillpoint, including the cooperation with the appropriate legal authorities into any investigation and prosecution of user actions.
    2. Users agree that they will not do any of the following while using or accessing the service:
      • transmit or upload any information for which they don’t have the right to transmit, publish, copy, upload, or disseminate.
      • upload, post, email or otherwise transmit any content that infringes on the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).
      • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the platform, or interfere with the access of any other user to the service.
      • circumvent, disable, or otherwise interfere with security-related features of the platform or features that prevent or restrict use or copying of any content.
      • use any meta tags or other hidden text or metadata utilizing a Stillpoint name, trademark, URL or product name without Stillpoint permission.
      • attempt to probe, scan or test the vulnerability of any Stillpoint system or network or breach or impair or circumvent any security or authentication measures protecting the service.
      • attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the service.
      • use the platform in any way that competes with Stillpoint, including, without limitation, pretexting or misrepresenting one’s identity or posing as a current or prospective patient in order to solicit or recruit counselling providers, directly or indirectly or encourage or instruct any other person or entity to do any of the foregoing.
    3. Any violation of the above may result in immediate account terminations and further actions in the sole discretion of Stillpoint, including legal prosecution and informing appropriate legal authorities when applicable.
    4. Users are responsible for taking precautions as necessary to protect themselves and their computer systems from malware and other harmful or destructive content.
    5. Users are responsible for maintaining the security of their account. The user shall keep the access data to the platform secret and shall not inform unauthorized third parties of such access data. If the user has reason to believe that an unauthorized person has gained knowledge of the customer’s access data, the customer shall change the customer’s access data immediately.
    6. Each user is fully responsible for all activities that occur under the account and any other actions taken using the service.
    7. Users agree to provide a current, up-to-date email account to Stillpoint Spaces at all times in order to access the service.
    8. Users are obliged to notify Stillpoint immediately of any unauthorized use of their account or any other breaches of security. Notification can be done by using the contact information from section 14 or at support@stillpointspaces.com. Stillpoint will not be liable for any acts or omissions by user, including any damages of any kind incurred as a result of such acts or omissions.
  6. Client users and session booking:
    1. Clients are users seeking counselling.
    2. To register a client account user has to fulfill all the requirements stated in section 4.
    3. Client account registration is free of charge. Stillpoint never directly charges clients. All the fees are session fees charged by the counsellors providing services.
    4. Upon registration a client is advised to provide truthful data for the sake of transparency, yet this is not required.
    5. Client account is activated after email confirmation.
    6. Clients can select whichever counsellor they like and contact them using the platform, however it is also the choice of the counsellor to accept the client.
    7. As stated in section 1.i Stillpoint attempts to confirm the credentials of the all Counselors upon their registration, yet is not responsible to credentialing providers or verifying current standing with their boards. In addition to notifying appropriate licensing boards, Clients should report any misconduct or discrepancies regarding providers to ethics@stillpointspaces.com.
    8. Clients who wish to book a counselling session has to contact the provider of their choice. After agreement on session details including appointment date, session time and session fee counsellor will send session invitation.
    9. Clients upon accepting invitation will be charged with counsellor session fee. The payment could be postponed by the counsellor and charged on a monthly basis, yet it is sole decision of counsellor to do so.
    10. Counselor session fees billed for Counselling sessions are determined solely by the Counsellor.
    11. Clients will receive full session fee refund if they cancel the session up to 24 hours before the time the appointment was scheduled or counsellor was the one who cancelled the session. After this time it is sole decision of the counsellor to provide the refund.
    12. Clients shall hold Service Provider harmless for any and all events occurring outside the Platform.
    13. All platform payments are processed by trusted outside provider and compliant with PCI standards.
    14. Clients have the right to terminate their account at any time, except when they have pending session fees owed to counsellor. This can be done using appropriate option in account settings or by contacting support@stillpointspaces.com.
  7. Counsellor users and counselling:
    1. Counsellors are users providing counselling.
    2. To register counsellor account user has to fulfil all the requirements listed in section 4. In addition to those, counsellor has to submit to a verification process.
    3. Counsellor is obliged to agree to follow Stillpoint Spaces ethics.
    4. Upon registration counsellor is obliged to provide truthful information.
    5. During the verification process counsellor applicant will be asked to provide the following:
      • valid identification document or documents with given name, picture and physical address.
      • licenses, diplomas and other certifications to confirm that applicant is trained professional eligible to provide counselling.
      • liability insurance information.
      • other documents that may be required to verify the credentials on case by case basis.
    6. Acceptance is at Stillpoint Spaces discretion. Also, failure to provide any of the above may result in dismissing the applicant and account removal.
    7. Counsellor account registration is free of charge, using the platform is not. Please see the section 8 for details.
    8. Counsellor account is activated after the verification process is complete and counsellor profile page was published. This starts trial period. See section 8 for details.
    9. To fully use the service, upon registration counsellor will be asked to sign up to Stripe - payment service used to process all the platform transactions, both service payments and counsellor session fees. To do so, counsellor is required to have the bank account in one of the following countries: Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Hong Kong, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Singapore, Spain, Sweden, Switzerland, United Kingdom, United States of America.
    10. As part of registration process counsellor will be provided with profile page that is displayed in the Stillpoint Spaces counsellor directories. All profiles will be displayed in the international directory, unless counsellor requests otherwise. In addition, profiles of the counsellors that are affiliated with one or more of the partner Spaces could be also displayed in city directories. Before the initial publication Stillpoint Spaces will review the profile page and check if it is in accordance with ToS.
    11. Counsellor guarantees that content published on the profile page is owned by the counsellor and legally harmless - contains no personal data of other people, is malware-free, for which the counsellor is liable according to general laws. In particular, the counsellor shall not upload any content that is contrary to applicable laws or that is illegal, offensive, insulting, threatening, racist, or sexually offensive, or any content that glorifies violence, injures religious feelings, disparages politically dissimilar thinking, morally endangers children or adolescents, or adversely affects their well-being.
    12. Stillpoint Spaces reserves the right to end service with the counsellor at any time.
    13. Stillpoint Spaces reserves the right for occasional reviews of counsellor profile pages and unpublishing them if they break this ToS or general laws, until the violations are removed.
    14. Because clients may freely select whichever counsellor they like and contact them using the platform it is also the free choice of the counsellor to accept and work with particular client.
    15. After discussing and agreement on the session details including appointment date, session time and session fee counsellor will send session invitation to the client.
    16. Session fees shall be set individually by each counsellor. The counsellors may modify this fee over time at their own discretion.
    17. Clients upon accepting invitation will be charged with counsellor session fee. It is possible, for the counsellor to postpone session fee and charge on monthly basis. It is sole decision of the counsellor to do so.
    18. Stillpoint Spaces will reduce the counsellor session fee by transaction fee, as described in section 8.
    19. Stillpoint Spaces is not responsible for enforcing monthly charged payments from the clients nor has means to do so.
    20. Clients are eligible to full session fee refund if they cancel the session up to 24 hours before the time the appointment was scheduled or counsellor was the one who cancelled the session. After this time it is sole decision of the counsellor to provide the refund.
    21. It is the sole responsibility of the Counsellor to provide proper invoice at clients request and include in the session fee and pay all the taxes required by law.
    22. Counsellor shall hold Service Provider harmless for any and all events occurring outside the Platform.
    23. All payments are processed by trusted outside provider and compliant with PCI standards (Stripe).
    24. Counsellors have the right to terminate their account at any time, except when they have pending service payments owed to Stillpoint Spaces or scheduled sessions that were already paid by the clients. In that case the service payments has to be paid and session fees has to be refunded before the account can be removed. Account can be removed by using appropriate option in the account settings or by contacting support@stillpointspaces.com.
  8. Payments:
    1. Stillpoint Spaces is free for the client users. Stillpoint never directly charges them. All the fees are counsellor session fees charged by the counsellors providing service and owned to them.
    2. VAT is included in the session fees, when applicable, and it is the counsellor’s responsibility to track and report any VAT that may be owed for the counselling provided through the platform.
    3. All users agree to promptly pay all fees and charges for services and authorize Stillpoint Spaces to automatically deduct all applicable fees from the payment account(s) that are designated in the user profile.
    4. Counsellor users are charged monthly on a pre-pay basis in accordance to their pre-selected Subscription Plan and a transaction fee for each session.
    5. The Subscription Plan for Counsellors will be billed monthly (billing period is 30 days) and will automatically renew, unless it is cancelled before the next billing period. Cancelled Subscription Plan is not refundable and the Service will remain active until the end of current billing period.
    6. The first billing period starts after the account is activated and counsellor profile page is published in one of the directories. This period begins with 14 day trial period.
    7. During the trial period counsellor is eligible to use the platform and all its features for free, excluding any charged transaction fees. If counsellor decides to remove his account during the trial, he won’t be charged. If the counsellor decides to continue use of the platform after the trial, first invoice will be issued after trial period finishes.
    8. If the automatic renewal of the Subscription Plan is not possible, because of various reasons the service will be suspended and counsellor profile page will be unpublished until the payment is made.
    9. Invoices will be issued electronically. Payments are due immediately upon receipt of the invoice and in advance without any deduction.
    10. In order to maintain a balanced relationship between performance and consideration, Stillpoint reserves the right to adjust the pricing of its Subscription Plans or additional services.
    11. In addition to monthly the Subscription Plan Stillpoint Spaces retains a 3,85% commision transaction fee from counsellor session fee. This commission covers the costs of maintaining the tools used to provide the services offered by the platform.
    12. Disputes concerning payment and/or quality of service delivery shall be subject to Stillpoint Spaces’ Refund Policy (see Section 9).
  9. Refund policy:
    1. Stillpoint Spaces will provide a refund to Counselors on the transaction fee charged 3,85% of the Session Fee) for Counseling sessions which are cancelled or significantly disturbed due to circumstances due to a Platform failure. Counselors must request a refund no more than 72 hours after the failed session to receive a refund.
    2. Except the rules described in section 6 and 7 It is at the Counselor’s discretion to determine when a session fee should be refunded to a Client. A refund may be offered when a session was unable to be completed or was cancelled due to circumstances outside the Clients’ and Counsellors’ control. Counselors are responsible for informing Stillpoint Spaces when a refund is needed.
    3. Clients are encouraged to discuss requests for refunds directly with their Counselor.
  10. Termination of contract:
    1. Stillpoint may terminate user access to all or any part of the service, including account removal at any time, with or without the notice, effective immediately for breaching regulations stated in this Terms of Service in particular section 5.
    2. Stillpoint may terminate user access to all or any part of the service, including account removal, at any time, with the 14 days before notice, without cause.
    3. User who wish to terminate this agreement may do so by using appropriate option in account settings or by contacting Stillpoint at support@stillpointspaces.com after all contract obligations are fulfilled and removing their account.
    4. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  11. Copyright, Intellectual Property and Content ownership:
    1. Stillpoint Zurich Gmbh are the sole owners or licensors of all intellectual property on the Platform, in particular the copyright, trademarks and database, incorporated in the Platform.
    2. Stillpoint does not grant any license or sub-license of such intellectual property to the users and shall retain all ownership or rights to it. As a consequence, the users shall not make use of the intellectual property in any way outside the functions of the platform, in particular (but without limitation) by using or adapting the intellectual property for their own commercial or professional gain.
  12. Liability/Service outage:
    1. Stillpoint Spaces will aim to make the Platform’s services available in the best possible quality. At the same time, the User recognizes as part of the description of Stillpoint Spaces’ services that Stillpoint Spaces has the means to verify the personal data and other information submitted by the Counsellors; the Platform will not be performed error-free or uninterrupted at all times and that Stillpoint Spaces may not be able to immediately correct all service errors.
    2. Any liability shall be excluded in the event of failure of communication networks, gateways, force majeur or other events outside the control and responsibility of Stillpoint Spaces. Likewise, any liability shall be excluded in case of unlawful or unallowed access by third parties to the Platform or the counselling process by means of hacking or similar means.
    3. Stillpoint Spaces will only be liable in an amount up to the fees it has charged the impacted User for damages for other than the above-mentioned reasons only in case of intent or gross negligence by its managers, officers, employees or agents and only in the proportion such behavior has caused the damage in relation to other causes. This limitation does not apply in case of a violation of cardinal duties, i.e. duties the fulfillment of which the Clients may justly expect. No loss of profits shall be recoverable. The restrictions of liability do not apply to cases of damages to life, body, or health, to cases of warranting for the condition of a product, and to cases of fraudulent concealment of defects of Stillpoint Spaces, its legal representatives or assistants in performance.
  13. Choice of Law, Place of Jurisdiction, Miscellaneous:
    1. This ToU shall be governed by the laws of Swiss Confederation.
    2. Place of jurisdiction shall be – as far as validly determinable – Zürich, Switzerland.
    3. Should individual provisions of the ToU be invalid or unenforceable, all other provisions of the ToU shall remain unaffected.
    4. The contract language is English.
  14. Contact:
    1. If you have any questions regarding this document, the practices of the Service or our business you can contact us at contact@stillpointspaces.com, phone at +41 786 719 677 or send mail to: Stillpoint Zürich GmbH Schanzeneggstrasse 1 8002 Zürich, Switzerland
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