Stillpoint Spaces Clients Terms of Use

Stillpoint Zürich GmbH operating under the brand name “Stillpoint Spaces” provides technology and services for online distance counselling (Counselling) at and its subdomains (Platform). Counselling is also provided by independent counsellors (Counsellors) in brick and mortar spaces (Centers) under the brand name “Stillpoint Spaces.” Upon registration with the Platform, the users (Clients) shall enter into a contractual relation for the term of the Registration with Stillpoint Spaces pursuant to the following Terms of Use (TOU).

Stillpoint Spaces merely facilitates counselling by Counsellors, either online or at a Center, and related services, such as billing and scheduling. Stillpoint Spaces does not act as Counsellor itself or supervise the Counsellors using the platform.

In this TOU, Counselling includes, but is not be 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.

  1. Scope of the TOU
    1. The following TOU shall apply to the use of the Platform by the Clients. The TOU shall apply also if the Platform is accessed from outside Switzerland. A web portal for attending online workshops and events with real-time audiovisual communication
    2. Whereas the visit to the Platform as well as registration will be free of charge, Counselling services shall be chargeable. Prior to each chargeable service, Clients shall be advised of this fact as well as the amount or rate of charges.
    3. Stillpoint Spaces offers its services to private Clients only. With registration, the Clients agree to use the services exclusively for private, not commercial, purposes.
    4. These TOU shall apply exclusively. Differing or contrary terms of Clients shall not apply except if expressly agreed upon in writing by Stillpoint Spaces.
  2. Description of Services
    • The services offered by the Platform include:
      1. An integrated web portal allowing for a real time Client-Counsellor audiovisual communication interface for purposes of counselling services.
      2. A web portal for attending online workshops and events with real-time audiovisual communication
      3. Hosting of information concerning Counsellor availability, counsellor-provided biographies and practice approach, and general information concerning in depth online counselling.
      4. Counselling session scheduling and schedule notification systems.
      5. Billing and payment collection services.
  3. Description of Contractual Relations
    1. Stillpoint Spaces undertakes to make the Platform’s services, i.e. IT-services for the creation of a communicative forum for Counsellors on the one hand and users of the Platform (Clients) on the other, available as described in Sec. 2 above. A web portal for attending online workshops and events with real-time audiovisual communication
    2. Stillpoint Spaces will not offer counselling itself. Neither will it represent the Clients or the Counsellors with regard to counselling or any other activity. Rather, the counselling relationship including all contractual obligations associated with it will occur solely between the Clients and the Counsellors. As a consequence, only the respective Counsellor, not Stillpoint Spaces, shall be responsible for the proper conduct of the Counselling and all related duties. Correspondingly, only the respective Client, not Stillpoint Spaces, shall be responsible for his communicative input and liable for due payment of the fees.
    3. Stillpoint Spaces reserves the right to terminate contractual relations pursuant to Sec. 13 below and to deny Clients and/or the Counsellor access to the Platform without giving further reasons.
  4. Registration Process
    1. The use of the Platform for communicative purposes requires online registration by the Client. Registration shall be free of charge.
    2. Registration shall be open to natural persons only (Legal persons, corporations, partnerships, associations or similar are not allowed as Clients), Clients must be at least 18 years of age and contractually capable.
    3. All data requested by Stillpoint Spaces has to be submitted accurately and completely.
    4. Upon registration, Clients shall choose a member’s name (potentially their natural name) as well as a qualifying password to access their account. They shall keep their password confidential, secure their access to the Platform and notify Stillpoint Spaces immediately of any suspected unauthorized access.
    5. Clients shall not have multiple accounts.
  5. Non-circumvention
    1. In order to provide maximum transparency, each counselling relation involves the disclosure of the Clients’ and their Counsellor’s identity to each other. This includes for the Client: full name, email, password and time zone.
    2. The Clients are obliged during the term of their registration not to circumvent the Platform by using their Counsellor’s identity to arrange for alternative means of counselling (e.g. by telephone, chat, alternative videoconferencing platforms, or in person at any location except a Center,). The Client is also obliged to deny any such suggestion by the Counsellor.
    3. No circumvention of a Center shall be deemed to occur if Clients and their Counsellors make use of the online counselling services at
  6. Further Obligations of the Clients
    1. The Clients shall not use a Center or the Platform for commercial or private purposes other than the receipt of counselling services as described in Sec. 2 above.
    2. The Clients shall refrain from any misuse of a Center or the Platform. In particular, the Clients shall not:
      • Use a Center for the treatment of medical conditions;
      • Use the Platform for services required to be provided by a licensed professional when the Counsellor does not have the required licensure to provide such services.
      • Use the Platform to obtain any services that are against the law or otherwise prohibited in the location where Client is accessing services;
      • Damage or otherwise abuse a Center’s furniture, interior finishes or equipment;
      • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others on the Platform;
      • Send or otherwise make available any inappropriate, profane, defamatory, obscene, abusive, racist, indecent or unlawful topic, name, material or information on the Platform or in a Center;
      • Send files that contain viruses, Trojan horses, worms, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
      • Implement contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  7. Booking of Counselling Sessions
    1. Once Clients have decided in favor of a particular Counsellor on the Platform, they can contact the Counsellor via the Platform and request Counselling online or at a Center. The Counsellor will answer the request by sending to the respective Client one or several suggestions for a date and time of a Counselling session. Neither the Clients’ request nor the Counsellor’s suggestions shall represent a binding contract or contract offer.
    2. After Clients have confirmed a suggested appointment and have entered their electronic payment information on the Platform, Clients submit a binding contract offer to the Counsellor by pressing the corresponding button at the end of the booking process. The Counsellor accepts this offer by agreeing in advance to an automatic acceptance e-mail being generated by the Platform on his behalf.
    3. Each automatic acceptance e-mail will have attached to it instructions on the Clients’ right of withdrawal and the conditions and consequences of its exercise. Should Clients opt to exercise this right, Stillpoint Spaces will receive the corresponding declaration as receiving agent on behalf of the respective Counsellor and shall forward it immediately to the Counsellor. Stillpoint Spaces cannot accept any liability for the Counsellor’s performance of his related obligations, in particular repayment of the fee as applicable under statutory law.
  8. Fees, Charges and Billing
    1. Fees for counselling shall be set individually by each Counsellor. The Counsellors may modify this fee over time at their own discretion.
    2. VAT is included when applicable and it is the Counsellor’s responsibility to track and report any VAT that may be owed for services provided through the Stillpoint Spaces Platform. Invoices for showing the applicable VAT portion of charges may be requested directly from the counsellor.
    3. The Counsellor shall state his personal fee in his profile. The fee shall be stated as an amount per reference time of 50 min. The amount shall be stated in Euro. Only the fee stated in this way will be chargeable by the Counsellor.
    4. Payment shall be authorized by client prior to each session occurring by entering client’s electronic payment information. Disputes concerning payment and quality of service delivery shall be subject to the Stillpoint Spaces Refund Policy (See Sec. 13). 
    5. Beyond the obligation to pay the fee, the Clients shall not owe Stillpoint Spaces any administrative charges for the use of the Platform or the counselling received. To the extent that Stillpoint Spaces receives administrative charges, these will be deducted from the Counsellors fee. The Clients will not separately be liable to Stillpoint Spaces for due payment of these charges, without prejudice to damages for breach of the non-circumvention obligation pursuant to Sec. 5.
    6. All payments by Clients will be processed by an external payment service company registered and monitored as a payment institution under the European Payment Service Directive (2007/64/EC). Through the operation of a split payment functionality, Stillpoint Spaces will receive only the administrative charge deducted from the fees. Payment shall be authorized by client prior to each session occurring by entering client’s electronic payment information. Disputes concerning payment and quality of service delivery shall be subject to the Stillpoint Spaces Refund Policy (See Sec. 13).
  9. Quality of Services, Liability
    1. Stillpoint Spaces offers a communicative forum without guaranteeing any type of success, gain, relief or similar effect to the Client.
    2. Stillpoint Spaces will aim to make the Platform’s services available in the best possible quality. At the same time, the Clients recognize 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.
    3. 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. 
    4. Stillpoint Spaces will be liable 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 under Sec. 9.3 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.
  10. Intellectual Property
    1. Stillpoint Spaces and its suppliers are the sole owners of all intellectual property, in particular the copyright, trademarks and database, incorporated in the Platform.
    2. Stillpoint Spaces does not grant any license or sub-license of such intellectual property to the Clients and shall retain all ownership or rights to it. As a consequence, the Clients 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.
  11. Data Protection: See Privacy Policy

  12. Communication, Update
    1. Communication by Stillpoint Spaces vis-à-vis the Clients shall take place through the Platform after each “login” by the Clients or by e-mail to the latest e-mail address stated by them.
    2. The Clients undertake to check these sources regularly and also to update their personal data (including his e-mail-address) registered with Stillpoint Spaces as soon as any changes have occurred.
  13. Termination, Survival
    1. Stillpoint Spaces and the Clients may each terminate their clients’ registration upon 30 days written notice.
    2. The right to extraordinary termination for good cause shall remain unaffected. Good cause shall be deemed to exist in particular (but without limitation) in case of breach of the Clients’ obligations under Sec. 5 above.
    3. Each termination shall be in text form (e.g. by letter, telefax or e-mail).
  14. Refund Policy
    1. As a quality provider of a platform to access counselling services, Stillpoint Spaces relies on this Refund Policy to ensure client satisfaction with all services provided. When a Client reports a problem, our initial response is to assist getting technical support for the Client through the Counsellor. However, in some cases a technological problem may cause dissatisfaction to the Client, in which case a refund may be processed according to the following terms and conditions:
    2. Stillpoint Spaces will provide a refund to the Client of the entire fee for the session if a counselling session is significantly impacted in either quality of communication or duration of session due to technological problems that are the fault of the Stillpoint Spaces platform when Stillpoint Spaces is notified of the problem by the party seeking a refund within 72 hours of the scheduled counselling session. In such a case, the Counsellor will be required to refund their fees to the Client or to Stillpoint Spaces, if Stillpoint Spaces has already refunded the entire amount to the Client. Clients requesting a refund after 72 hours must request the refund through the Counsellor. The Counsellor may not offer a monetary refund but may offer a session credit, at the Counsellor’s sole and absolute discretion. Counsellors at are not permitted to make any guarantee that conflicts with this refund policy.
      1. Stillpoint Spaces reserves the right to approve or deny refunds when taking into consideration the following circumstances:
        • If the Client experiences technical difficulties on the Stillpoint Spaces website interface that interfere with counselling session, a refund may be approved when:
          • The problem is due to errors within the Stillpoint Spaces platform.
          • The problem is due to technical difficulties by the Counsellor. 
          • If the problem is outside of the Clients control but not a result of Stillpoint or the Counsellor, Stillpoint Spaces may choose to provide a partial refund, in Stillpoint Spaces’ sole discretion.
        • Refunds may be given for other reasons Stillpoint Spaces deems appropriate, in Stillpoint Spaces’ sole discretion.
  15. Cancellation Policy
    1. A Client may cancel a session with no charge with a 24-hour advance notice. Any cancellation within 24-hours of a scheduled session will result in the full charge of that session.
  16. Non-Assignable Agreement
    1. The Clients agrees that the Agreement is non-assignable. Likewise the Counsellor shall not permit any third party to use the Stillpoint Spaces Platform in the Counsellor’s name.
  17. Change of Terms of Use
    1. Stillpoint Spaces reserves the right to amend the ToU at any time if this is necessary to accommodate developments not foreseeable at the time of registration, provided this does not substantially alter the contractual relation. Amendments shall also be allowed to accommodate case law impacting on the ToU. The description of Stillpoint Spaces’ services may be amended, provided the amendment does not entail substantial changes.
    2. Stillpoint Spaces will notify Clients of the amendments at least two weeks before the change comes into force in text form. The change is deemed accepted by Client if he does not object within six weeks after receipt of the notice. Stillpoint Spaces will point out the right to object, the period and legal consequences, particularly regarding the failure to object to the changes. In the event of an objection, Stillpoint Spaces is entitled to not accept future bookings of Counselling by the relevant Client on the Platform.
  18. Applicable Law
    1. Stillpoint Spaces will provide a refund to Clients of the entire fee for a Counselling sessions if the session is cancelled or significantly disturbed due to circumstances outside the clients’ and Counsellors’ control (e.g. unavailability of space or ambient noise significantly above ordinary levels), if Stillpoint Spaces is notified hereof by the affected Client within 72 hours of the scheduled Counselling session.
    2. The TOU shall be governed by Swiss law.
    3. Place of jurisdiction shall be – as far as validly determinable – Zürich.
    4. Should individual provisions of the TOU be invalid or unenforceable, all other provisions of the TOU shall remain unaffected. The contract language is English.