General Terms and Conditions – User Agreement

By using the Mindler Services, you agree to these General terms and conditions (hereinafter referred to as the “Agreement“). Please read the following Agreement carefully before using the Mindler Services. If you do not accept this Agreement, please do not use the Mindler Service. 

1.1 This Agreement governs the use of online interfaces and properties (e.g., website and applications) owned and controlled by Mindler AB (collectively referred to as “Mindler“, “we”, “us”, and “our”), including the Mindler applications and mindlercare.com and mindler.se websites (collectively, the “Site”), as well as the services (“Services”) available to users and care providers (hereinafter referred to as “Care Providers“) through the Site. 

1.2 Mindler is a registered Care Provider under the supervision of The Health and Social Care Inspectorate (IVO) and works exclusively with established, licensed psychologists.

2.1 People register as users (hereinafter referred to as a “User“, “you”, and “your”) by creating a personal account (hereinafter referred to as a “User Account“) and use that account to book a session to see a licensed psychologist (hereinafter referred to as “Psychologist“) and/or use other Services provided in the Site such as iCBT programs. The applications may also be used for self-monitoring purposes. The booked session takes place by means of a video call. The User can describe his or her condition to the Psychologist in more detail during the booked video call. The User may also provide information on his or her condition to the Care Provider through the personal User Account. Based on the User’s information, the Care Provider suggests appropriate treatment to the User. 

2.2 Mindler contracts with Paean Hälsa AB regarding digital healthcare services between Psychologists and their patients. The healthcare that you, as a patient, receive via the application is provided by a healthcare center to which Mindler is a subcontractor. Your healthcare contacts are registered with the healthcare center Frösjö Vårdcentral, Sörmland. In connection with contact with a psychologist, the care visit is therefore registered in your medical record as a visit to the relevant care center. 

2.3 Mindler offers sessions with licensed psychologists to users at the level of primary care. This therefore corresponds to the level of care offered at a medical center, health center or similar. Mindler therefore cannot offer care that requires specialist expertise in psychiatry. That means that, after obtaining information on this, Mindler’s psychologists are entitled to discontinue treatment/sessions with users who are deemed to be at the wrong level of care.

2.4 In cases where the User is provided with Services under this Agreement by such means as a subscription, payment or salary benefits or a centrally procured agreement via an employer or similar, the following provisions will not be applicable: chapter ‎7, paragraph 11.1, and chapter 12.

2.5 This Agreement and other information concerning Mindler Services are available in the Site.

3.1 The User Account is personal and may only be used by the User who registered the User Account. A User Account may not be transferred or granted to another person.

3.2 The User is personally liable for any action carried out when using his or her User Account.

3.3 Mindler is not liable for abuse of a User Account by an external person and nor is it liable for any consequences and/or damage resulting therefrom. 

3.4 To register a User Account and enter into an Agreement with Mindler, the User must be at least sixteen (16) years of age and must have access to a personal BankID for identification purposes.

3.5 The User is responsible for ensuring that reasonable care is applied to the data, including contact details and health data, where appropriate, that he or she provides when entering into the Agreement is accurate. Mindler is not responsible for treatment caused by the User entering wrong data. The User undertakes to keep his or her personal profile in the application updated and current throughout the term of the Agreement. Mindler must be notified as soon as possible of any changes by means of an update directly in the App or by e-mail to info@mindler.se. 

3.6 The User is personally liable for the information that he or she provides in or through the application. For further information concerning Mindler’s management of personal data please refer to Mindler’s Privacy Policy which is available on Site.

3.7 By registering a User Account in the application, the User confirms and accepts the technical specifications, conditions and restrictions regarding the application that are set out in Mindler Service descriptions applicable at any given time, which are available in Site. 

3.8 By registering for a User Account in the application, the User confirms and accepts that the contact details he or she provided can be used by Mindler to contact the User by means of mailings, phone calls and notices containing information and offers. The User may specifically de-register from this communication at any time.

3.9 In order to use the Service, the User needs to give the application access to audio and video on the User’s device and be connected to a network. Sound and moving images are deleted in real time and are not saved in any way after the meeting. On the other hand Mindler records information about User’s appointments with Psychologists, as well as information that the User uploads to the Service via clinical questionnaires, and stored them in User’s medical record to give User insight into care and to fulfill our legal obligations as a care provider. Please read more about Mindler’s information storing and personal data processing in the Privacy Policy. 

3.10 Content published or provided by Mindler in the application can be used in the treatment or as preventive self care. Content that is used as a part of treatment is a complement to the medical advice that the Psychologist gives the User, and is not intended to be used instead of a psychologist’s assessment, diagnosis, or treatment for any condition. The use of the App during treatment is intended as an aid to help the Psychologist provide his or her patients with effective care.

3.11 The User is responsible for ensuring that his or her User Account is used in accordance with this Agreement, the other conditions and instructions in the application and in accordance with applicable law at any given time.

4.1 The Services in the application are provided at the prices shown in the price list current at any given time which is available in the application. The prices for the Service are always stated before a booking takes place or an iCBT program starts. 

4.2 Payment for video calls takes place before the video call begins. Users cannot begin a video session before payment has been made. By using the Service you agree with being invoiced according to the Swedish Healthcare regulation system.

4.3 Freecard (Frikort) can be used for payment and Mindler is connected to the e-freecard system for those regions where it is applicable. If a User has an e-freecard then the details will be collected through the e-freecard system. Paper freecards are also accepted and the free card number can be submitted during the booking/payment process. Mindler will only register a User’s patient fee if the User lives in an applicable region. 

Mindler offers specific offers to companies wishing to offer the Services to its employees. The pricing and payment conditions for these Services are detailed in the special conditions sent by Mindler and accepted by the company. By accepting these special conditions, the company is committed to communicating this Agreement to its employees using the Services. 

5.1 Within the limits set out in this chapter 5, Mindler is responsible for ensuring that the App is available in accordance with paragraphs ‎5.2‎, 5.3, ‎5.5‎ and 5.6 below. Furthermore, Mindler is responsible for storage of the information provided and uploaded in the App by the User and the Psychologists. 

5.2 Mindler’s aim is to ensure that the application maintains high levels of accessibility and that the User will have access to his or her User Account at any time of the day or night. The video calls are booked by User via the booking features provided via the application’s booking system or by the Psychologist. The application and the video calls are provided in accordance with the above, with the exception of scheduled, notified interruptions in the application for maintenance or interruptions beyond Mindler’s control.

5.3 Mindler is not responsible for interruptions in the service or in availability caused by: i) a fault in the User’s hardware/equipment, connection network, the User’s software or faults in software constituting third-party products that Mindler is unable to correct despite the fact that it has attempted to correct or work around them in a professional manner; ii) other circumstances for which the User is responsible under the Agreement; (iii) viruses or other attacks on security despite the fact that Mindler has adopted professional measures; or (iv) circumstances constituting force majeure under chapter ‎12 below.

5.4 Notice of a fault or disruption in the functioning of the application or availability can be given without delay to Mindler’s Customer Service at info@mindler.se or via the App. Customer Service’s opening hours are 07:00-19:00 on weekdays (with the exception of public holidays). 

5.5 Mindler is responsible for the operation of the application, including provision of video calls between Users and Psychologists, and Services associated therewith such as storage of information and other information provided by Mindler in the application.

5.6 Mindler is not liable for contents linked to or from the Site. 

5.7 Faults must be remedied in the first instance through troubleshooting, if that can be done without undue expense or inconvenience to Mindler. Mindler has a right at all times, at its own expense, to correct the fault provided that this can be done within a reasonable time and without any significant inconvenience to the User. If the fault cannot be corrected, the User has a right to receive a reasonable price reduction and compensation for any substantiated, direct damage, subject to the following restrictions.

5.8 Under no circumstances is Mindler liable for damage due to faults caused by the User or any circumstance for which the User is liable. Nor is Mindler liable for any form of personal injury or other consequences that may result, directly or indirectly, from use or misuse of information provided, presented or referred to in the application. Mindler’s liability is limited under all circumstances to liability for substantiated, direct damage and to a maximum amount equivalent to SEK twelve thousand (12,000). Mindler is thus not liable under any circumstances for consequential damages, loss of earnings, loss of expected savings and/or other indirect damages due to a fault. 

5.9 In the event of serious symptoms of illness, Mindler is not the right level of care, and the User must seek adequate care at an institution such as a health center or emergency ward. In the event of acute suicidal thoughts, the User must also not turn to Mindler, but to an appropriate emergency psychiatric institution or call 112 for guidance and advice.

5.10 Mindler undertakes to comply with and maintain the responsibility for the application deriving from the Act (2002:562) on electronic commerce and other information society services and the Act (2005:59) on distance agreements and agreements off business premises (om distansavtal och avtal utanför affärslokaler). 

6.1 Copyright, right of ownership and other intellectual property rights to Mindler’s trademarks, business name, the App and all documents used and/or provided by Mindler in the App or on our website belong to Mindler with all rights reserved. That means that Mindler has the right to freely dispose of such intellectual property rights. 

6.2 Any copying, modification, transfer and/or other use of Mindler’s materials that is not expressly permitted in writing by Mindler is prohibited. The User acknowledges and agrees that unauthorised use of Mindler’s intellectual property rights constitutes a breach of this Agreement. In particular, the User is prohibited from reproducing, adapting, modifying, transforming, translating, publishing and communicating in any way, directly and / or indirectly, the elements of the Platform. 

6.3 Any intellectual property rights arising as a result of Mindler’s provision of the App and/or other services will accrue to Mindler with all rights reserved. Such sole rights include Mindler’s right to freely dispose of such results, including the right to freely change, transfer and grant them. 

6.4 The provisions of this chapter ‎6 must apply regardless of the manner and form in which the results were produced and regardless of whether the results were produced by Mindler alone or in conjunction with another. The provisions of this chapter will apply even after the Agreement between Mindler and the User has ceased to apply. 

7.1 The User is restricted to booking a session with only one (1) psychologist at a time and booking more than one session with different psychologists in parallel is prohibited. After a session has been concluded with one psychologist, a new session can be booked with another psychologist. 

7.2 A booked video call can be canceled free of charge up to 24 hours before the starting time for the booked video call. If a booked video call is canceled within the time specified above, payment made for the canceled video call will be refunded within fourteen (14) days. 

7.3 If cancellation of a video call by the User is done later than 24 hours before the booked time or the User does not show up for the video call, the User must pay 300 kr. This fee applies even when the User has used a freecard or has booked a video call at a reduced price. If the User connects to the video call and cancels during the call, the late cancellation fee is applicable since the video call is not considered  completed. The User will be invoiced the 300 kr via Kivra or via mail to the User’s registered address. Payment is due 10 days after the invoice date. Mindler reserves the right to charge a reminder fee if payment is overdue. This does not apply to visits that have been booked on the same day as the video call. 

7.4 In the case where the User uses the App through eg. a subscription, subsidy or salary benefit, or a central negotiated agreement via their employer or similar, other cancellation rules apply according to a separate agreement. 

8.1 Mindler takes a serious view of any unauthorised use of the application and the User Account in breach of this Agreement and/or our policies applicable at any given time regarding data processing, security, ethics, etc. For example, filming of consultations with care personnel or dissemination of such materials by any means, or carrying through video sessions when e.g. driving or managing heavy machinery is prohibited. Mindler will take action against actual or feared unauthorised use of the application, User Account, etc. 

8.2 Mindler reserves the right to remove information from the application, close the User Account or adopt other measures due to breach of the Agreement by the User or to protect reputation and/or to protect application from improper use at any time with or without prior warning or notice and without liability for any consequences. In the event of such a closure, Mindler also has a right to give notice of termination of the Agreement in accordance with chapter ‎11  below. 

8.3 In cases where the User is in breach of the Agreement or applicable law or if he or she has used the application in an illegal manner or in a manner that is not permitted, the User is required to compensate and indemnify Mindler for all damage thereby caused to Mindler (including but not limited to representatives’ fees, court costs and all claims from third parties).

9.1 The provisions relating to the processing of the User’s personal data appear in Mindler’s Privacy Policy, accessible from Site.

10.1 Mindler reserves the right to to make changes to the Services offered on its Site. The service provided in the applications including for example layout, content, features or functions may change and can mean that the Agreement is affected. When the development of new Services affects these terms and conditions, the User will be informed of these changes on his account on the Platform and / or by e-mail and may be invited to consent to the modification of the General Terms and Conditions. 

10.2 This Agreement, which may be updated from time to time, shall apply from their acceptance by the User, for the duration of the User’s use of the Service or until the closure of their account by Mindler under the termination provisions below. The general conditions applicable at any given time are available in the Site.

10.3 In the event of refusal of the Agreement, the User expressly acknowledges that he will not be able to access the Services offered via the Site.

11.1 The User has a right at all times to give notice of termination of the Agreement with immediate effect. If such notice of termination is given, Mindler will remove the User’s User Account and remove information relating to the User that is provided and stored without undue delay. Some information may be retained to meet legal obligations in accordance with Mindler’s Privacy Policy. If the User has booked an appointment with a psychologist, which falls after the time of termination, the appointment must be canceled according to the usual cancellation rules. 

11.2 Mindler is entitled to give notice of termination of the Agreement with immediate effect in the event that the User is in breach of or is expected with probably cause to be in breach of this Agreement and fails to adopt a remedy within thirty (30) days from receipt of a written intimation to that effect and in the case described in paragraph 2.4. Upon such termination, the User’s User Account is closed, whereafter the Agreement automatically ceases to apply. Information concerning the User that is stored in the App will be deleted or anonymized in accordance with the Privacy Policy.

11.3 Users who have had their User Account closed in accordance with paragraph 11.2 have no right to re-register or register for a new User Account without obtaining specific authorisation from Mindler for that purpose. 

11.4 Mindler is entitled to give notice of termination of the Agreement with a thirty (30) days’ notice at any time, if Mindler cannot provide the Services to the Users anymore, due notably to technical or operational reasons outside of Mindler’s control or to closing down of Mindler’s Services. 

11.5 Mindler has the right to terminate the User Account if it has not been used for 24 months. 

12.1 Mindler does not pay compensation as a result of strikes, fire, the exercise of public authority, labour disputes, accidents, faults or delay on the part of subcontractors, service outages in public communications systems or other circumstance beyond Mindler’s control that Mindler could not reasonably have been expected to allow for and whose consequences Mindler could not reasonably have avoided or overcome. In cases where the circumstance in accordance with this paragraph continues to apply for a period in excess of thirty (30) days, a party has a right to give notice of termination of the Agreement with immediate effect. Under such circumstances, the User has a right to a refund of amounts paid in advance for video meetings booked but which did not take place. 

13.1. Mindler is entitled to send promotional marketing emails and push notifications to Users to share information about products or Services. The User can unsubscribe from any mailing lists and cancel this form of communication at any point. 

14.1 The User must specify in the App the e-mail address and telephone number to which he or she wishes Mindler to send notices, such as confirmations and information on offered products and services, from time to time. 

14.2 Notice of termination under this Agreement must be sent by e-mail. 

14.3 Notices under this Agreement must be considered to have been received by the recipient:

a) if sent by e-mail: when receipt is duly confirmed, which may take place through an acknowledgement of receipt, for example,
b) if sent via the application: the first (1st) day after the date of sending,
c) if sent by registered mail: five (5) working days after posting, or
d) if delivered by courier: at the time of the handover.

The User must notify Mindler without delay if he or she changes his or her contact details by updating them via the User Account or sending message to info@mindler.se.

15.1 The User has no right to assign to another person this Agreement or rights and/or obligations resulting from this Agreement. 

15.2 Mindler has an unrestricted right to engage subcontractors for the fulfilment of its obligations under this Agreement.

16.1 Disputes arising out of the interpretation and application of this Agreement and the legal relationship connected thereto must be settled in accordance with Swedish law by a general court, with Stockholm District Court as the court of first instance unless otherwise agreed.

16.2 If you have complaints related to Mindler’s Services (e.g. something covered by this Agreement or our Privacy Policy) please contact us at info@mindler.se and we will endeavour to respond to you within 28 days to resolve your complaint, or submit them to the care center with which the care visit is recorded, the Patients’ Advisory Committee (patientnämnden) in your region or, where applicable, to IVO. 

16.3 In the case of recovery of payment based on payment obligations under this Agreement, the case may be referred to the Swedish Enforcement Authority or other recovery procedure, notwithstanding the provisions otherwise contained in this chapter. 

16.4 If you have comments or complaints about the Services, you can submit them either to Mindler, the care center with which the care visit is recorded, the Patients’ Advisory Committee (patientnämnden) in your region or, where applicable, to IVO.