Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between PETAERA TECHNOLOGIES LLP (CIN: ACL-7684) ("Company," "we," "us," or "our") and you ("User," "Therapist," "you"), governing your access to and use of the Pracmind website (pracmind.in) and mobile application (collectively, the "Platform").

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease all use of the Platform and may not access or use any services provided by Pracmind.

These Terms apply to all users of the Platform, including without limitation therapists, psychologists, counselors, and any other mental health professionals who access or use the Platform.

2. Eligibility & Registration

2.1 Professional Status

This Platform is intended exclusively for use by qualified psychologists, therapists, and mental health professionals. By using Pracmind, you represent and warrant that:

• You possess the necessary legal and professional qualifications to practice in your jurisdiction
• You hold a valid professional license or certification where required by law
• You are authorized to provide mental health services in your region
• You will maintain your professional credentials and licenses throughout your use of the Platform
• You are at least 18 years of age and have the legal capacity to enter into this Agreement

2.2 Account Registration

To access the Platform, you must:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Provide proof of professional credentials upon request
• Use only one account per individual or practice

2.3 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your login credentials (username and password)
• All activities that occur under your account, whether authorized or not
• Immediately notifying us of any unauthorized use of your account or any other breach of security
• Ensuring that you log out from your account at the end of each session

3. Description of Service

Pracmind provides a comprehensive practice management dashboard designed specifically for mental health professionals. Our services include, but are not limited to:

3.1 Core Features

• Client Management: Comprehensive client database with demographic information, contact details, and intake records
• Referral Management: Track and manage referrals to and from other healthcare providers
• Session Scheduling: Calendar-based scheduling system for appointments and sessions
• Finance Tracking: Payment processing, invoicing, and financial reporting tools
• Clinical Documentation: Secure storage for clinical notes, progress notes, and session records
• Assessment Tools: Create, assign, and track client assessments and questionnaires
• Homework Management: Assign and monitor therapeutic homework and resources
• Treatment Planning: Create and manage treatment plans and therapeutic goals

3.2 Automated Features

The Platform may use secure integrations to provide:

• Session Summaries: AI-generated summaries of sessions delivered via secure messaging channels
• Task Reminders: Automated reminders for upcoming appointments, tasks, and follow-ups
• WhatsApp Integration: Secure delivery of summaries and reminders via WhatsApp Business API
• Notifications: Email and in-app notifications for important updates and reminders

By using these automated features, you consent to the transmission of data through secure, encrypted communication protocols for operational efficiency.

3.3 Service Availability

We strive to maintain high availability of the Platform but do not guarantee uninterrupted access. The Platform may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We reserve the right to modify, suspend, or discontinue any part of the Platform at any time with or without notice.

4. Subscription and Payments

4.1 Subscription Model

Access to the Platform is provided on a subscription basis. Subscriptions are billed monthly in advance, unless otherwise specified in your chosen plan.

4.2 Pricing and Fees

Pricing Structure: Fees are determined based on the specific plan or promotional offer selected at the time of signup. While a standard rate (e.g., ₹1,499 including GST) may be advertised, the final rate is governed by your chosen subscription plan.

• All prices are displayed in Indian Rupees (INR) unless otherwise stated
• Subscription fees are charged automatically on a monthly basis
• First-time subscriptions may include promotional pricing or trial periods
• Additional features or add-ons may incur extra charges

4.3 Payment Methods

We accept payments through:

• Direct bank transfer to PETAERA TECHNOLOGIES LLP
• Authorized third-party payment gateways (e.g., Razorpay)
• Credit and debit cards (Visa, Mastercard, RuPay)
• UPI payments
• Net banking

4.4 Taxes

All stated fees are inclusive of Goods and Services Tax (GST) unless otherwise specified. You are responsible for any additional taxes, duties, or fees that may apply in your jurisdiction.

4.5 Price Modifications

We reserve the right to:

• Change subscription fees or introduce new charges at any time
• Modify pricing for new subscriptions or renewals
• Offer promotional pricing or discounts at our discretion

Notification: Users will be notified of any price changes via email at least 30 days in advance of their next billing cycle. Continued use of the Platform after the effective date of price changes constitutes acceptance of the new pricing.

4.6 Payment Failures and Refunds

If payment fails or is declined:

• We will attempt to process the payment again within 3 business days
• Your account may be suspended until payment is successfully processed
• You will be notified via email of payment failures
• We reserve the right to charge applicable late fees or reactivation fees

Refund Policy: Subscription fees are generally non-refundable. However, refunds may be considered on a case-by-case basis for technical issues or service unavailability. Contact our support team for refund requests.

5. Data Privacy & Security

5.1 Confidentiality Commitment

We acknowledge that you are uploading sensitive clinical data and client information. We are committed to:

• Employing industry-standard encryption (TLS/SSL in transit, AES-256 at rest) to protect all data
• Implementing robust access controls and authentication mechanisms
• Conducting regular security audits and vulnerability assessments
• Maintaining strict confidentiality agreements with all personnel
• Complying with applicable data protection laws, including DPDPA 2023

5.2 Data Ownership

Your Rights: You retain all rights and ownership of the clinical data, notes, and information you input into the Platform. Pracmind acts strictly as a data processor and does not claim ownership of your data.

• You have the right to access, modify, or delete your data at any time
• You can export your data in standard formats (CSV, JSON) upon request
• Upon account termination, you may request complete data deletion
• We will not use your clinical data for training AI models or commercial purposes without explicit consent

5.3 Third-Party Integrations

To facilitate automated summaries and reminders (via WhatsApp and other messaging channels), data is transmitted through secure, encrypted communication protocols. By using these features, you:

• Consent to the use of integrated services for operational efficiency
• Understand that data transmission occurs through encrypted channels
• Acknowledge that third-party service providers are bound by strict data processing agreements
• Can opt-out of automated messaging features at any time through your account settings

5.4 No Data Sale

We do not sell, trade, rent, or share your clinical or personal data with any third parties for marketing purposes. Your data is used solely to provide and improve the Platform's services. For more details, please review our Privacy Policy.

6. User Obligations & Restrictions

6.1 Permitted Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You may use the Platform to:

• Manage your professional practice and client records
• Schedule and track therapy sessions
• Maintain clinical documentation in compliance with professional standards
• Process payments and manage financial records related to your practice

6.2 Prohibited Activities

You agree NOT to:

• Use the Platform for any illegal or unauthorized purpose
• Violate any applicable laws, regulations, or professional codes of conduct
• Interfere with or disrupt the security-related features of the Platform
• Attempt to gain unauthorized access to any portion of the Platform or other users' accounts
• Share your account credentials with unauthorized individuals
• Input data that violates the privacy rights or legal rights of your clients
• Upload malicious code, viruses, or any other harmful software
• Reverse engineer, decompile, or disassemble any part of the Platform
• Use automated systems (bots, scrapers) to access the Platform without authorization
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Collect or harvest information about other users without their consent
• Use the Platform to compete with or create a competing service

6.3 Professional Responsibility

As a mental health professional, you acknowledge and agree that:

• You are solely responsible for the accuracy and legality of all data you input
• You must obtain appropriate informed consent from clients before collecting or storing their information
• You must comply with all applicable ethical guidelines, professional codes, and legal requirements
• You are responsible for maintaining client confidentiality in accordance with professional standards
• The Platform is a tool to assist your practice but does not replace your professional judgment

7. Intellectual Property

7.1 Platform Ownership

The Platform's interface, code, logos, design, graphics, text, software, and all other content are the exclusive property of PETAERA TECHNOLOGIES LLP and are protected by copyright, trademark, and other intellectual property laws.

7.2 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Platform for your professional practice during the term of your subscription
• Use the Platform solely for internal business purposes
• Access your account and data stored on the Platform

This license does not include the right to sublicense, resell, or redistribute any part of the Platform.

7.3 Restrictions

You may not:

• Copy, modify, or create derivative works of the Platform
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Use our trademarks, logos, or branding without prior written consent
• Frame or mirror any part of the Platform

7.4 User Content

You retain ownership of all content you upload or create on the Platform. By uploading content, you grant us a limited license to store, process, and display such content solely for the purpose of providing the Platform's services to you.

8. Term and Termination

8.1 Subscription Term

Your subscription begins on the date you create your account and continues on a month-to-month basis until terminated by either party in accordance with these Terms.

8.2 Cancellation by You

You may cancel your subscription at any time through your dashboard settings or by contacting our support team. Upon cancellation:

• Your subscription will remain active until the end of the current billing period
• You will continue to have access to the Platform until the subscription expires
• No refunds will be provided for the remaining subscription period
• You will not be charged for subsequent billing cycles

8.3 Termination by Us

We reserve the right to suspend or terminate your account immediately, without prior notice, for:

• Non-payment of subscription fees
• Violation of these Terms or our Privacy Policy
• Fraudulent, illegal, or harmful activity
• Misrepresentation of professional credentials
• Any other reason we deem necessary to protect the Platform or other users

8.4 Data Export and Deletion

Upon termination of your account:

• You will be granted a reasonable period (30 days) to export your client data
• You may request a data export in standard formats (CSV, JSON) during this period
• After the export period, your data may be permanently deleted from our servers
• Backups containing your data will be overwritten in subsequent backup cycles
• Some anonymized analytics data may be retained for legal compliance

9. Limitation of Liability

9.1 Platform Disclaimer

Pracmind is a practice management tool designed to assist mental health professionals in organizing and managing their practice. The Platform:

• Does not provide clinical advice, diagnosis, or treatment recommendations
• Is not a substitute for professional clinical judgment
• Does not guarantee specific clinical outcomes
• Is provided on an "as is" and "as available" basis

9.2 Limitation of Liability

To the maximum extent permitted by law, PETAERA TECHNOLOGIES LLP shall not be held liable for:

• Any clinical outcomes or consequences resulting from your use of the Platform
• Loss of data due to user negligence, system failures, or circumstances beyond our control
• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, business opportunities, or goodwill
• Errors, omissions, or inaccuracies in the Platform's content or functionality
• Interruptions or cessation of service
• Unauthorized access to or use of your account due to your failure to maintain security

9.3 Maximum Liability

Our total liability to you for any claims arising out of or related to these Terms or your use of the Platform shall not exceed the amount paid by you to us in the last three (3) months of service, regardless of the form of action or theory of liability.

9.4 Indemnification

You agree to indemnify, defend, and hold harmless PETAERA TECHNOLOGIES LLP, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of your use of the Platform, violation of these Terms, or infringement of any rights of another party.

10. Disclaimers and Warranties

10.1 No Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of non-infringement
• Warranties that the Platform will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of any information on the Platform

10.2 Service Availability

We do not guarantee that the Platform will be available at all times or that it will be free from errors, viruses, or other harmful components. We reserve the right to perform maintenance, updates, or modifications that may temporarily interrupt service.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Specifically, these Terms are subject to:

• The Indian Contract Act, 1872
• The Information Technology Act, 2000
• The Digital Personal Data Protection Act, 2023
• Any other applicable Indian laws and regulations

11.2 Jurisdiction

Any disputes, controversies, or claims arising out of or relating to these Terms, the Platform, or the relationship between you and PETAERA TECHNOLOGIES LLP shall be subject to the exclusive jurisdiction of the courts in India.

You agree to submit to the personal jurisdiction of such courts and waive any objection to venue in such courts.

11.3 Dispute Resolution Process

Before initiating any legal proceedings, the parties agree to:

1. Attempt to resolve disputes through good faith negotiations
2. If negotiations fail, engage in mediation through a mutually agreed mediator
3. Only proceed to litigation if mediation is unsuccessful

12. Changes to Terms

12.1 Right to Modify

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Changes may be made to:

• Reflect changes in our services or business practices
• Comply with legal or regulatory requirements
• Clarify or improve existing terms
• Address new features or functionality

12.2 Notification of Changes

If we make material changes to these Terms:

• We will notify you via email at least 30 days before the changes take effect
• We will post a notice on the Platform's dashboard
• We will update the "Last Updated" date at the top of this page
• Material changes will be clearly highlighted in the notification

12.3 Acceptance of Changes

Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Platform and cancel your subscription before the changes take effect.

13. Miscellaneous Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PETAERA TECHNOLOGIES LLP regarding your use of the Platform and supersede all prior agreements and understandings.

13.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of PETAERA TECHNOLOGIES LLP.

13.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets.

13.5 Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, internet failures, or government actions.

13.6 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and PETAERA TECHNOLOGIES LLP. You are an independent user of the Platform.