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 (as defined below in paragraph 2.1). If you do not accept this Agreement, please do not use Mindler Services. 

1. Scope and applicability of the Agreement

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 (the “Application”) and mindlercare.com and mindler.se websites (collectively, the “Site”), as well as the Services available to Users and Psychologists (as defined below) via the Application and/or the Site. 

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

2. Services

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 via the Application and/or the Site, including, without limitation, internet-based cognitive behavioural therapy (“iCBT”) programs and online therapy sessions with Psychologists (hereinafter referred to as “Services”). The Application may also be used for self-monitoring purposes. The booked session takes place by means of a video call via the Application and/or the Site. The User may describe their concerns to the Psychologist in more detail during the booked video call. The User may also provide information on their concerns through their personal User Account. Based on the User’s information, the Psychologist 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 following healthcare centers: 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 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, paragraph 4.1-4.3, chapter 7 and paragraph 11.1 will not be applicable and such matters shall be subject to a separate agreement.

2.5 This Agreement and other information concerning Mindler Services are available on the Application and/or the Site.

2.6 In the event of serious symptoms of illness, the Services provided by Mindler are not the right level of care, and the User must seek adequate healthcare at an appropriate healthcare provider, such as a health center or emergency ward. In the event of emergency, including suicidal thoughts, the User shall also not turn to Mindler, but immediately contact an appropriate emergency psychiatric/healthcare services provider or call 112 for guidance and advice.

3. The Application, Site and User account 

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 all activity that occurs under the User Account. The User may not allow another individual or third party to access, use, or modify the User Account. The User is responsible for maintaining the security of the User Account by way of keeping the login credentials secret to only themselves. The User is also responsible for maintaining the completeness and accuracy of the contents of the User Account. Please contact info@mindler.se if you suspect that another individual or third party has gained access to your 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 eighteen (18) 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 they provide 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 their 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 Application or by e-mail to info@mindler.se. 

3.6 The User is personally liable for the information that they provide in or through the Application and/or the Site. For further information concerning Mindler’s management of personal data please refer to Mindler’s Privacy Policy which is available on the Application and/or the Site.

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

3.8 By registering for a User Account in the Application, purchasing Services and/or submitting forms through the Site, the User confirms and accepts that the contact details they provide may be used by Mindler to contact the User by means of mailings (post or e-mail), phone calls and notices containing information and offers. The User may specifically de-register from marketing communication (as defined below in paragraph 13) at any time. Please read more about Mindler’s information storing and personal data processing in the Privacy Policy.

3.9 In order to use the Service, the User needs to give the Application and/or the Site 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. Information about User’s appointments with Psychologists and information that the User uploads to the Service via clinical questionnaires are recorded and stored in User’s medical record in order to provide the User insight into care and to fulfil our legal obligations. In connection with the provision of the Service administrative notes may also be recorded in the medical record by administrative staff. 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 and/or the Site may be used for the purpose of the Service or as preventive self-care. iCBT programs that are used as a part of the Service is a complement to the Service that the Psychologist provides to 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 iCBT programs is intended as an aid to help the Psychologist provide the User with effective Service.

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

4. Prices and payment

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 Users cannot begin a video session before the payment method for the session has been confirmed. By using the Service you agree with being invoiced according to the Swedish Healthcare regulation system. Mindler reserves the right to charge a reminder fee. If the invoice is still not paid, it will be passed on to debt collection.

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. 

4.4 Payment terms applicable to companies

4.4.1 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. 

4.5 Payment terms for private offering

4.5.1 Mindler offers individuals a private offering available for purchase on the Site. The User can purchase session bundles that give access to the Services in the application. Payment is made on the Site and the User receives a code via email within one (1) working day. The code shall be used as payment in the Application.  

4.5.2 The User may request a full refund within fourteen (14) days after purchase, without any specific reason. If the code has been used as payment for a session in the Application, the User can only be refunded in the case where the psychologist does not recommend further sessions after the first session. In the aforementioned case, the User will be refunded the full amount excluding the price for one session, which is SEK800. If more than one session has been used or if the User has started an iCBT program, no refund is given. To request a refund, contact Mindler’s Customer Service.

5. Limitation of liability

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

5.2 Mindler’s aim is to ensure that the Application and/or the Site maintains high levels of accessibility and that the User will have access to his or her User Account at any time. The video calls are booked by User via the booking features provided via the Application and/or the Site’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 shall not be responsible for any interruptions in the Service or any 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 Application. Customer Service’s opening hours are 07:00-19:00 on weekdays (with the exception of bank holidays). 

5.5 Mindler shall be responsible for the operation of the Application and/or the Site, including provision of video calls between Users and Psychologists and Services associated with this, such as storage of information and other information provided by Mindler in the Application and/or the Site.

5.6 Mindler is not liable for the contents of links in the Application and/or 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 shall Mindler be liable for damage due to faults caused by the User or any circumstance for which the User is liable. To the extent permitted under applicable law: (i) Mindler’s total liability under this Agreement shall be limited under all circumstances to liability for substantiated, direct damage and to a maximum amount equivalent to SEK twelve thousand (12,000); and (ii) Mindler shall not liable under any circumstances for any consequential damages, loss of earnings, loss of expected savings and/or other indirect damages under this Agreement. 

5.9 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. Intellectual property rights

6.1 Copyright, right of ownership and other intellectual property rights to Mindler’s trademarks, business name, the Application and all documents used and/or provided by Mindler on the Application and/or the Site 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 Application and/or the Site. 

6.3 Any intellectual property rights arising as a result of Mindler’s provision of the Application and/or the 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. Booking and cancellation of video call

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 may be cancelled free of charge up to 24 hours before the starting time for the booked video call. If a booked video call is cancelled within the time specified above, payment made for the cancelled 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 a 410 kr fee. 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 receive the invoice via email and in the app. Payment is due 30 days after the invoice date. Mindler reserves the right to charge a reminder fee if payment is overdue.

7.4 Mindler reserves the right to refuse a booking of a session or restrict the use of other Services if the User has not fully or partially settled the costs of a previous booking or use of Services, or when a payment dispute is in progress. 

7.5 In the case where the User uses the Service 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. 

7.6 In the case where the User uses the Service through a private offering, the promotional code used as payment for the session will not be refunded in the case of late cancellation or no-show.

8. Unauthorised use

8.1 Mindler takes a serious view of any unauthorised use of the Application and/or the Site and the User Account in breach of this Agreement and/or our policies applicable at any given time regarding data processing, security and ethics. Mindler will take action against actual or feared unauthorised use of the Application and/or the Site, User Account, etc. Potential scenarios of unauthorised use that could result in action in accordance with paragraph 11.2 are, including without limitation, the scenarios stated in the following paragraphs 8.1.1-8.1.10. 

8.1.1 Booking in with multiple Psychologists at once. 

8.1.2 Changing Psychologists more than three times in one treatment episode (unless this is initiated due to e.g. specific treatment requirements).

8.1.3 Repeated cancellations and no-shows

8.1.4 Booking in with a Psychologist despite e.g. referral to secondary/specialised care or against Mindler Psychologist’s professional advice that Mindler is not a suitable care provider. 

8.1.5 Patients contacting Psychologists via their personal social media, email, telephone etc. 

8.1.6  Filming care personnel in a session, unless authorised by the care personnel.

8.1.7 Continued driving/operating heavy machinery whilst in a session despite a request to cease.

8.1.8 Failing to conduct video sessions in a calm, bright, and private environment, which may hinder communication between the Psychologist and patient and compromise privacy.

8.1.9 Using the Application with an insufficient or unstable internet connection, leading to disrupted sessions that affect the quality of care.

8.1.10 Where a Psychologist feels threatened by (but not limited to): shouting, swearing, indecent physical exposure, racial abuse, discriminatory microaggressions, and targeted threats. 

8.2 Mindler reserves the right to remove information from the Application and/or the Site, 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 the Application and/or the Site 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 the User has used the Application and/or the Site 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).

8.4 The Mindler ID or credentials are personal to the User, and the User is solely responsible for maintaining the confidentiality of the Mindler ID or credentials, and the User is responsible for all activity that occurs under the User Account. The User may not allow another individual or third party to access, use, or modify the User Account. The User is responsible for maintaining the security of the User Account by way of keeping the login credentials secret to only themselves. The User is also responsible for maintaining the completeness and accuracy of the contents of the User Account. Please contact info@mindler.se if you suspect that another individual or third party has gained access to your User Account.

9. Protection of personal data

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

10. Change of function and conditions

10.1 Mindler reserves the right to make changes to the Services offered on its Application and/or the Site. The Service provided in the Application and/or the Site, including without limitation, descriptions, images, references, specifications, layout, content, features or functions may change and can mean that the Agreement is affected. When the development of new Services affects this Agreement, the User will be informed of these changes in the Application and/or the Site or by e-mail, and where appropriate 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 Application and/or the Site.

10.3 In the event of refusal of the Agreement, the User expressly acknowledges that they will not be able to access the Services offered via the Application and/or the Site.

11. Notice of termination

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 or block the User Account with immediate effect if the User is in breach of or is expected with probable cause to be in breach of this Agreement. 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 Application will be deleted or anonymized in accordance with the Privacy Policy. If blocking has been deemed necessary, the potential time frames below apply. 

• 3 months: several no-shows or late cancellations, or booking in with multiple Psychologists at once or persistent swapping of Psychologists.

• 6 months: referred to specialist/secondary care but the User continues booking new video calls.

• 12 months: abusive behaviour towards the Psychologist or another Mindler employee.

• Lifetime ban: continued abuse towards Mindler Psychologists or the nature of the singular abusive event is such an extreme violation that indefinite blocking is deemed necessary.  

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 User, due notably to technical or operational reasons outside of Mindler’s control or to closing down of Mindler’s Services. In addition Mindler is entitled to, where required by law or due to security or welfare concerns, to suspend or terminate the function or existence of all or any part of the Application and/or the Site at any time without notice as it deems advisable.

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

12. Force majeure

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. Marketing services and products

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. Notices and notifications

14.1 The User must specify in the User Account the e-mail address and telephone number to which they wish 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.

14.4 The User must notify Mindler without delay if they change their contact details by updating them via the User Account or sending a message to info@mindler.se.

14.5 When using the Application and/or the Site or Services, or sending e-mails, messages, and other communications to Mindler, the User is communicating with Mindler electronically. The User agrees that when using or entering the Application and/or the Site or use the Services, they consent to conduct business electronically with Mindler and the User agrees that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that Mindler provides to the User electronically satisfy any legal requirement that such notices and other communications be in writing.

15. Assignment of the agreement and obligations under the agreement 

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. Applicable law and settlement of disputes

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 any part, provision or section of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such part, provision or section shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

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 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.