Terms and Conditions

1. The Terms and Conditions

The following are the Terms and Conditions (the “Agreement”) that govern your access and use of our online Technology Platform, through which Mental Health Services, provided by licensed healthcare practitioners and non-licensed health coaches and mentors, may be provided (collectively referred to as the “Technology Platform”). This website is owned and operated by Alden Global Inc., a Delaware corporation doing business as “Really Global” in the state of California (“Really Global”), with mailing address 166 Geary Str STE 1500 #1031, San Francisco CA 94108. The Technology Platform may be provided or accessible via multiple websites or applications whether owned and/or operated by us or by third parties. For questions regarding these terms and conditions, please contact us through our customer support page.

By accessing or using the Technology Platform, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Technology Platform. If you do not agree to be bound by any term of this Agreement, you must not access the Technology Platform.

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER AS DETAILED IN SECTION 9.

2. Definitions

“Technology Platform”
This refers to the website and/or mobile application owned by Really Global.

“Really Global”
When the terms “we”, “us”, “our,” or similar are used in this Agreement, they refer to Really Global. Really Global specializes in offering Technology Platform services to mental healthcare practitioners, both licensed and non-licensed. This does not imply that Really Global practices medicine or any licensed healthcare activities. Similarly, Really Global is not involved in providing non-licensed services like health coaching and mentoring.

“Mental Health Services”
These refer to the licensed mental healthcare and non-licensed mental health coaching and mentoring services provided by a Company to clients via the Technology Platform.

“Company” or “Companies”
This refers to the entity that provides Mental Health Services to clients. The Company is solely responsible for the provision of Mental Health Services on the Technology Platform in accordance with all applicable laws and regulations.

3. Overview of Companies and Their Services

The Technology Platform enables clients to connect with a diverse range of entities known as “Companies” that offer various Mental Health Services provided by licensed mental healthcare practitioners and non-licensed mental health coaches and mentors.

Clients may cancel appointments up to 24 hours before the scheduled time without incurring charges. Cancellations made within 24 hours of the appointment, or if the client does not attend, will result in the Company receiving payment for the session. Refund requests must be submitted directly to the Company, and the issuance of refunds is at the Company’s discretion.

Companies offering services on the Technology Platform can be based globally. Companies are encouraged to undergo a third-party verification process. A verified badge on the Company’s profile or speciality page signifies that their credentials have been authenticated.

Search Functionality and Open-Source Algorithm  
The Technology Platform enables clients to search for Companies’ Mental Health Services using Azure Cognitive Search. The results are then processed through a custom open-source algorithm, which is subject to public discourse and input. The algorithm filters and prioritizes Companies’ Mental Health Services (the “Technology Platform Results”) based on criteria set by clients and other client-centric information, such as, but not limited to, verification of credentials, availability, and geographic proximity for in-person appointments. The Technology Platform Results prioritize services without consideration of monetary contributions to the Technology Platform or other non-client-centric factors.

Navigation Functionality with Identical Preferences and Service Selections
The Technology Platform’s navigation bar and filters reflect the services and features provided by Companies. Companies select from these identical options to define their offerings when submitting a profile or specialty page. When clients use the navigation bar and filters, the open-source algorithm generates personalized results listing Companies’ services, ensuring a 1-for-1 identical match with Companies’ selections. These results are then sorted using the same open-source, client-centered algorithm, providing a transparent, unbiased process for clients to explore and select services that meet their specific needs.

Filtering and Sorting Options for clients
If the Technology Platform finds multiple Company Mental Health Services that meet clients’ specified criteria, clients are provided with a method to further filter and sort the results. Clients can filter and sort the results by: (i) expertise; (ii) price of services; (iii) geographic distance to the client’s location; (iv) star ratings when available (which are submitted by clients to the Technology Platform); and (v) other options. This feature ensures that clients have control and flexibility in selecting services that match their unique requirements.

User Account Features and Platform Neutrality
The Technology Platform allows clients to create an account and store certain medical information in advance of appointments with Company Mental Health Services, with the goal of reducing the time spent by Company’s staff completing forms and the possibility of transcription errors. Really Global is not a healthcare provider or supplier, is not affiliated with any Company listed on the Technology Platform, and does not expressly recommend any Company or service offered by Companies to clients. Really Global does not charge clients a fee to utilize the Technology Platform.

Database Scope and Limitations
The Technology Platform offers a global database of Companies providing Mental Health Services. However, due to various factors such as regional regulations and licensure requirements, not all Companies may be accessible to all clients.

Notifications Regarding Company Availability
Should a Company you have previously engaged with cease to offer services via the Technology Platform, we will notify you via your registered contact details. You’ll then have the option to engage with other available Companies.

Limitations and Suitability of Mental Health Services
While the Technology Platform endeavors to facilitate a wide array of Mental Health Services, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs or for all mental health conditions. Some conditions may require in-person medical treatment, such as acute substance withdrawal or severe eating disorders like anorexia nervosa.

By using the Technology Platform, you acknowledge that you have read, understood, and agree with the items described in “3. Overview of Companies and Their Services.”

4. Company Responsibilities and Limitations

Company Responsibility and Client Flexibility
Companies are solely accountable for the quality, legality, and delivery of their Mental Health Services. If you find that a Company’s Mental Health Services do not meet your expectations or needs, you have the freedom to engage with another Company available on the Technology Platform.

Company Responsibilities and Legal Compliance
Companies offering Mental Health Services on the Technology Platform are required to operate in a competent, professional, and ethical manner, consistent with applicable laws, standards of practice, and governmental regulations. These responsibilities extend to the accuracy and legality of billing and any other data submitted through the Technology Platform.

Dual Relationships and Client-Provider Interactions
Companies are responsible for maintaining professional boundaries, including the careful assessment of any Dual Relationships that could impact the Mental Health Services provided. Clients should report any discomfort arising from such relationships directly to the Company involved. Companies are expected to comply with laws and ethical guidelines concerning Dual Relationships.

Billing and Financial Accountability
Companies are solely responsible for the accuracy of bills submitted and charges processed. They are obligated to maintain all original source documents and records to verify and document these bills. Companies are also responsible for any subsequent corrections, adjustments, or refunds, as well as for collecting any unpaid or overdue bills from clients, if applicable.

Indemnification and Legal Acknowledgements
Companies agree to defend, indemnify, and hold harmless Really Global, its officers, directors, and agents, from any losses or liabilities arising from their activities on the Technology Platform. This includes but is not limited to any false, fraudulent, or misleading information submitted by the Company.

 Ethical Conduct and Prohibited Activities
Companies are not allowed to provide insurance reimbursements or create super bills, as these activities violate Really Global’s direct payment processing functionality.

By using the Technology Platform, you acknowledge that you have read and understood the terms in “4. Company Responsibilities and Limitations” and acknowledge that Really Global is not responsible for the individual actions of Companies, including their compliance with laws, billing practices, or any other activities.

5. Medical Emergency and Limitation of Scope

Critical or Emergency Situations
IF YOU ARE CONTEMPLATING SUICIDE, HARMING YOURSELF OR OTHERS, OR ARE IN A SITUATION WHERE SOMEONE’S SAFETY IS AT RISK, OR IF YOU HAVE A MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CONTACT LOCAL EMERGENCY SERVICES AND NOTIFY THE APPROPRIATE AUTHORITIES. THE TECHNOLOGY PLATFORM IS NOT EQUIPPED TO HANDLE OR PROVIDE ASSISTANCE IN CRISIS OR EMERGENCY SITUATIONS. Go immediately to your local hospital or click here for emergency services information.

Limitations on Use of the Technology Platform
THE TECHNOLOGY PLATFORM, WHEN USED WITH TELEHEALTH, IS NOT INTENDED FOR USE IN CLINICAL DIAGNOSES THAT REQUIRE IN-PERSON EVALUATIONS. IT SHOULD NOT BE USED FOR OBTAINING OFFICIAL DOCUMENTATION OR APPROVALS FOR SPECIFIC PURPOSES, INCLUDING BUT NOT LIMITED TO, COURT-MANDATED THERAPY OR CERTIFICATIONS FOR EMOTIONAL SUPPORT ANIMALS. THE TECHNOLOGY PLATFORM IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE REGARDING MEDICATION OR TREATMENT OPTIONS.

In-Person Medical Care
DO NOT IGNORE, AVOID, OR DELAY SEEKING IN-PERSON MEDICAL CARE FROM A QUALIFIED PROFESSIONAL BASED ON INFORMATION OR ADVICE YOU RECEIVE FROM COMPANIES THROUGH THE TECHNOLOGY PLATFORM, REGARDLESS OF WHETHER THE SERVICES ARE PROVIDED IN-PERSON OR VIA TELEHEALTH.

Exclusions
THE TECHNOLOGY PLATFORM, WHILE ENABLING ACCESS TO MENTAL HEALTH SERVICES, IS NOT SUITED FOR CLIENTS EXPERIENCING CERTAIN SEVERE OR UNSTABLE SYMPTOMS. THE TECHNOLOGY PLATFORM SHOULD NOT BE USED IN CASES WHERE CLIENTS ARE:

  • ACTIVELY SUICIDAL,
  • EXPERIENCING PSYCHOTIC SYMPTOMS,
  • SUFFERING FROM MAJOR, UN-MEDICATED MENTAL ILLNESSES,
  • NON-COMPLIANT WITH MEDICATIONS,
  • NON-COMPLIANT WITH CLINICAL TREATMENT,
  • EXHIBITING CONDUCT DISORDER OR HIGH LEVELS OF AGGRESSION AND/OR VIOLENCE OUTSIDE THE HOME,
  • IN NEED OF, OR GOING THROUGH DETOX,
  • EXPERIENCING SIGNIFICANT SUBSTANCE ABUSE,
  • HAVING SIGNIFICANT INTERACTION WITH THE JUSTICE SYSTEM,
  • FAILING TO DISCLOSE RELEVANT CLINICAL INFORMATION.

IN SUCH CASES, YOU MUST IMMEDIATELY SEEK IN-PERSON MEDICAL CARE FROM A QUALIFIED PROFESSIONAL OR CONTACT LOCAL EMERGENCY SERVICES.

Go immediately to your local hospital or click here for emergency services information.

6. Privacy and Security

Protecting and safeguarding any information you provide through the Platform is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy available at really.global/privacy (The ‘Privacy Policy’).

BY AGREEING TO THIS AGREEMENT AND/OR BY USING THE PLATFORM, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY REGARDING CHANGES AND REVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY POLICY.

7. Third Party Content

The Technology Platform may contain other content, products, or services which are offered or provided by third parties (“Third-Party Content”). This could include but is not limited to links to Third-Party Content (including links to other websites), articles submitted by Companies, or advertisements. Although we may review and approve Third-Party Content, we are not responsible for the creation of any such Third-Party Content, including (but not limited to) any related products, practices, terms, or policies. We will not be liable for any damage or loss caused by any Third-Party Content. Your interaction with Third-Party Content is entirely at your own risk.

8. Disclaimer of Warranty and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE MENTAL HEALTH SERVICES OR THE TECHNOLOGY PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY THERAPIST AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE TECHNOLOGY PLATFORM IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE TECHNOLOGY PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE TECHNOLOGY PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE 12 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.

If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

This section (limitation of liability) shall survive the termination or expiration of this Agreement.

9. Arbitration

THIS SECTION 9 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

  1. By accepting the terms of this Arbitration Agreement, you and the Company (collectively, “Parties”) agree that any dispute, claim, or controversy (except those specifically exempted below) arising out of or relating to (i) this Agreement and prior versions of this Agreement, or concerning the existence, applicability, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; and (ii) the use of the Technology Platform or Mental Health Services (collectively, “Disputes”) will be resolved on an individual basis by final and binding arbitration, regardless of its date of accrual. Except as it otherwise provides, this Arbitration Agreement is intended to apply to the resolution of Disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. All claims in arbitration are subject to the same statutes of limitation that would apply in court. By accepting the terms of this Arbitration Agreement, you and the Company mutually agree to waive their respective rights to trial by jury.The Parties acknowledge that the Agreement involves interstate commerce and agree that all issues relating to arbitration or enforceability of this Arbitration Agreement will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (“AAA Consumer Rules”), which are available via the internet at adr.org or by using a service such as Google to search for “AAA Consumer Arbitration Rules”; provided however, that if there is a conflict between the AAA Consumer Rules and this Arbitration Agreement, this Arbitration Agreement shall govern. The following terms and procedures shall apply:
    1. The arbitration shall be heard by one arbitrator selected in accordance with the AAA Consumer Rules. The arbitrator shall be a member of the bar of the state in which the arbitration will be conducted or a retired judge from any jurisdiction and, in either case, shall have experience in the law underlying the dispute.
    2. Other than issues related to the Class Action Waiver (as defined below), the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, any part of it, or of the Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement or Agreement is void or voidable.
    3. If the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place in Wilmington, Delaware.
    4. Each party will pay the fees for its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. In all cases where required by law, the Company will pay the arbitrator’s and arbitration fees. If under applicable law the Company is not required to pay all of the arbitrator’s and/or arbitration fees, such fee(s) will be apportioned between the Parties in accordance with said applicable law. Any disputes regarding whether the Company is required to pay the arbitrator’s and arbitration fees and/or how those fees are to be apportioned between the Parties will be resolved by the arbitrator.
    5. The arbitrator shall issue orders (including subpoenas to third parties for pre-hearing discovery) allowing the parties to conduct discovery sufficient to allow each party to prepare its claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
    6. Except as provided in the Class Action Waiver (as defined below), the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable.
    7. Either party shall be permitted to file a motion to dismiss and/or motion for summary judgment and the arbitrator will apply the standards of the Federal Rules of Civil Procedure governing such motions.
    8. The arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law. Judgment may be entered on the arbitrator’s decision or award in any court of competent jurisdiction.
    9. A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed incompatible with or waiver of this Arbitration Agreement. The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling, but only to the extent permitted by applicable law. All determinations of final relief, however, will be decided in arbitration.

If for any reason the AAA will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator.

Nothing in this Arbitration Agreement prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement. This Arbitration Agreement also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Agreement. Nothing in this Arbitration Agreement prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration.

  1. Class, Collective, and Other Representative Action Waivers (“Class Action Waiver”). You and the Company mutually agree that by entering into this Arbitration Agreement, both waive their right to have any dispute, claim, or controversy brought, heard or arbitrated as a class, collective, and/or other representative action to the maximum extent permitted by law, and an arbitrator will not have any authority to hear or arbitrate any such class, collective, or other representative action. You also waive your right to receive notice of any class, collective, or other representative action that may be filed. Notwithstanding any other clause contained in this Arbitration Agreement or the AAA Consumer Rules, as defined above and incorporated herein by reference, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (i) the dispute is filed as a class, collective, or other representative action; and (ii) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, or other representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
  2. Mass Arbitration. To the extent permitted by applicable law, to increase efficiency of resolution, in the event 25 or more arbitration demands of a similar nature are filed against the Company, presented by or with the assistance or involvement of the same law firm or organization, the Parties agree that this will constitute a “Mass Arbitration” and the following terms and procedures shall apply:
    1. The Parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch. To the extent there are fewer than 100 arbitration demands left over after the batching previously described, a final batch shall consist of the remaining demands.
    2. Claimants’ counsel shall organize and present the batched demands to the arbitration provider in a format as directed by the arbitration provider.
    3. The arbitration provider shall treat each batch of demands as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents, and administrative and filing fees per batch.
    4. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch of demands.

The Parties agree that arbitration demands are of a “similar nature” if they arise out of or relate to a similar factual scenario and raise the same or similar legal issues and seek the same or similar relief. You agree to cooperate in good faith with the Company and the arbitration provider to implement such a batch approach to resolution and fees. Disagreements over the applicability of this batch arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. Notwithstanding any provision in the Agreement to the contrary, batch arbitrations shall take place in Wilmington, Delaware.

  1. Exceptions to Arbitration. Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis; (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Technology Platform; and/or (iii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Also, this Arbitration Agreement does not apply to disputes that may not be subject to arbitration as expressly provided by a controlling federal or state statute. Disputes between the parties that may not be subject to a pre-dispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203), Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (H.R. 4445), or as provided by an Act of Congress are excluded from the coverage of this Arbitration Agreement.
  2. Optional Pre-Arbitration Dispute Resolution and Notification. Before initiating arbitration, you and the Company may first attempt to resolve any Disputes informally for 30 days, unless this time period is mutually extended by the Parties. The informal negotiations begin upon receipt of written notice from one party to the other (“Notice of Dispute”). The Notice of Dispute must: (i) include the full name and contact information of the complaining party; (ii) describe the nature and basis of the dispute, claim, or controversy; and (iii) set forth the specific relief sought. The Company will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: Really Global, 3964 Rivermark Plz #1075, Santa Clara CA 95054-4155. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the Parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible as a result of its use in the negotiation.
  3. Application to Third Parties. This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and assigns, where their underlying claim(s) arise out of or relate to your use of the Technology Platform or Mental Health Services. To the extent that any third-party beneficiary to this Agreement brings claims against the Parties, those claims shall also be subject to this Arbitration Agreement.
  4. Right to Opt Out of Arbitration. You may opt out from this Arbitration Agreement within 30 days after you first access or use the Technology Platform by sending written notice of your decision to [email protected], using the subject line “Arbitration Opt-Out.” Please state that you are opting out of this Arbitration Agreement and Class Action Waiver and provide your name and address. If you opt out of this Arbitration Agreement and Class Action Waiver within the 30-day period, neither you nor Really Global will be required to arbitrate disputes and may instead litigate those disputes without regard to this Arbitration Agreement and Class Action Waiver. Should you not opt out of this Arbitration Agreement and Class Action Waiver within the 30-day period, you and Really Global shall be bound by the terms of this Arbitration Agreement and Class Action Waiver. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and Class Action Waiver.
  5. This Arbitration Agreement survives after the termination or expiration of the Parties’ relationship.

10. Subscriptions

THIS SECTION 6 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

  1. By accepting the terms of this Arbitration Agreement, you and the Company (collectively, “Parties”) agree that any dispute, claim, or controversy (except those specifically exempted below) arising out of or relating to (i) this Agreement and prior versions of this Agreement, or concerning the existence, applicability, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; and (ii) the use of the Technology Platform or Mental Health Services (collectively, “Disputes”) will be resolved on an individual basis by final and binding arbitration, regardless of its date of accrual. Except as it otherwise provides, this Arbitration Agreement is intended to apply to the resolution of Disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. All claims in arbitration are subject to the same statutes of limitation that would apply in court. By accepting the terms of this Arbitration Agreement, you and the Company mutually agree to waive their respective rights to trial by jury.

    The Parties acknowledge that the Agreement involves interstate commerce and agree that all issues relating to arbitration or enforceability of this Arbitration Agreement will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (“AAA Consumer Rules”), which are available via the internet at adr.org or by using a service such as Google to search for “AAA Consumer Arbitration Rules”; provided however, that if there is a conflict between the AAA Consumer Rules and this Arbitration Agreement, this Arbitration Agreement shall govern. The following terms and procedures shall apply:

    1. The arbitration shall be heard by one arbitrator selected in accordance with the AAA Consumer Rules. The arbitrator shall be a member of the bar of the state in which the arbitration will be conducted or a retired judge from any jurisdiction and, in either case, shall have experience in the law underlying the dispute.
    2. Other than issues related to the Class Action Waiver (as defined below), the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, any part of it, or of the Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement or Agreement is void or voidable.
    3. If the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place in Wilmington, Delaware.
    4. Each party will pay the fees for its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. In all cases where required by law, the Company will pay the arbitrator’s and arbitration fees. If under applicable law the Company is not required to pay all of the arbitrator’s and/or arbitration fees, such fee(s) will be apportioned between the Parties in accordance with said applicable law. Any disputes regarding whether the Company is required to pay the arbitrator’s and arbitration fees and/or how those fees are to be apportioned between the Parties will be resolved by the arbitrator.
    5. The arbitrator shall issue orders (including subpoenas to third parties for pre-hearing discovery) allowing the parties to conduct discovery sufficient to allow each party to prepare its claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
    6. Except as provided in the Class Action Waiver (as defined below), the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable.
    7. Either party shall be permitted to file a motion to dismiss and/or motion for summary judgment and the arbitrator will apply the standards of the Federal Rules of Civil Procedure governing such motions.
    8. The arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law. Judgment may be entered on the arbitrator’s decision or award in any court of competent jurisdiction.
    9. A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed incompatible with or waiver of this Arbitration Agreement. The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling, but only to the extent permitted by applicable law. All determinations of final relief, however, will be decided in arbitration.

If for any reason the AAA will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator.

Nothing in this Arbitration Agreement prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement. This Arbitration Agreement also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Agreement. Nothing in this Arbitration Agreement prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration.

  1. Class, Collective, and Other Representative Action Waivers (“Class Action Waiver”). You and the Company mutually agree that by entering into this Arbitration Agreement, both waive their right to have any dispute, claim, or controversy brought, heard or arbitrated as a class, collective, and/or other representative action to the maximum extent permitted by law, and an arbitrator will not have any authority to hear or arbitrate any such class, collective, or other representative action. You also waive your right to receive notice of any class, collective, or other representative action that may be filed. Notwithstanding any other clause contained in this Arbitration Agreement or the AAA Consumer Rules, as defined above and incorporated herein by reference, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (i) the dispute is filed as a class, collective, or other representative action; and (ii) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, or other representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
  2. Mass Arbitration. To the extent permitted by applicable law, to increase efficiency of resolution, in the event 25 or more arbitration demands of a similar nature are filed against the Company, presented by or with the assistance or involvement of the same law firm or organization, the Parties agree that this will constitute a “Mass Arbitration” and the following terms and procedures shall apply:
    1. The Parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch. To the extent there are fewer than 100 arbitration demands left over after the batching previously described, a final batch shall consist of the remaining demands.
    2. Claimants’ counsel shall organize and present the batched demands to the arbitration provider in a format as directed by the arbitration provider.
    3. The arbitration provider shall treat each batch of demands as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents, and administrative and filing fees per batch.
    4. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch of demands.

The Parties agree that arbitration demands are of a “similar nature” if they arise out of or relate to a similar factual scenario and raise the same or similar legal issues and seek the same or similar relief. You agree to cooperate in good faith with the Company and the arbitration provider to implement such a batch approach to resolution and fees. Disagreements over the applicability of this batch arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. Notwithstanding any provision in the Agreement to the contrary, batch arbitrations shall take place in Wilmington, Delaware.

  1. Exceptions to Arbitration. Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis; (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Technology Platform; and/or (iii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Also, this Arbitration Agreement does not apply to disputes that may not be subject to arbitration as expressly provided by a controlling federal or state statute. Disputes between the parties that may not be subject to a pre-dispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203), Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (H.R. 4445), or as provided by an Act of Congress are excluded from the coverage of this Arbitration Agreement.
  2. Optional Pre-Arbitration Dispute Resolution and Notification. Before initiating arbitration, you and the Company may first attempt to resolve any Disputes informally for 30 days, unless this time period is mutually extended by the Parties. The informal negotiations begin upon receipt of written notice from one party to the other (“Notice of Dispute”). The Notice of Dispute must: (i) include the full name and contact information of the complaining party; (ii) describe the nature and basis of the dispute, claim, or controversy; and (iii) set forth the specific relief sought. The Company will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: Really Global, 3964 Rivermark Plz #1075, Santa Clara CA 95054-4155. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the Parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible as a result of its use in the negotiation.
  3. Application to Third Parties. This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and assigns, where their underlying claim(s) arise out of or relate to your use of the Technology Platform or Mental Health Services. To the extent that any third-party beneficiary to this Agreement brings claims against the Parties, those claims shall also be subject to this Arbitration Agreement.
  4. Right to Opt Out of Arbitration. You may opt out from this Arbitration Agreement within 30 days after you first access or use the Technology Platform by sending written notice of your decision to [email protected], using the subject line “Arbitration Opt-Out.” Please state that you are opting out of this Arbitration Agreement and Class Action Waiver and provide your name and address. If you opt out of this Arbitration Agreement and Class Action Waiver within the 30-day period, neither you nor Really Global will be required to arbitrate disputes and may instead litigate those disputes without regard to this Arbitration Agreement and Class Action Waiver. Should you not opt out of this Arbitration Agreement and Class Action Waiver within the 30-day period, you and Really Global shall be bound by the terms of this Arbitration Agreement and Class Action Waiver. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and Class Action Waiver.
  5. This Arbitration Agreement survives after the termination or expiration of the Parties’ relationship.

Companies may offer different subscription options that clients can choose; including billing that can occur weekly, every (4) four weeks, or quarterly. Any type of subscription you choose will continue and automatically renew until you cancel the subscription. By choosing a recurring Membership or Subscription Service, you acknowledge that such paid services have a recurring payment and you accept responsibility for all recurring charges prior to cancellation.

You can cancel the subscription to the service at any time for any reason. Your subscription or membership must be canceled before it renews in order to avoid the next billing cycle. For the further avoidance of any doubt, unless otherwise advised by Really Global, any sessions (video, phone or chat) accrued but unused within a billing cycle will not roll over or be eligible for use after that billing cycle concludes. For example, if you commence your subscription or membership on May 1, only use 3 out of 4 live video sessions for that monthly billing cycle, that additional live session credit does not rollover into June such that you will have 5 sessions available in June. All sessions expire within the applicable billing cycle.

Any changes to your subscription services will only take effect following proper notice to you.

Free trials may occasionally be offered for Mental Health Services. Once a free trial expires, the paid subscription or membership will commence following a notice to you.

11. Your Account, Representations, Consent, and Commitments

Informed Consent
You hereby confirm that you are legally able to consent to receive Mental Health Services, or have the consent of a parent or guardian, and are legally able to enter into a contract. This consent is an ongoing process, and you have the right to withdraw your consent at any time. Before starting any Mental Health Services, you should understand:

Nature and Purpose of Services: The services available through the Technology Platform include both in-person and telehealth services for mental health support. Receiving Mental Health Services or Teletherapy is not a substitute for having comprehensive in-person healthcare evaluations and treatment from a primary care physician or doctor in your local area.

Substance Use Disorder Record Disclosure Consent: By using the Technology Platform, you authorize Companies to disclose your substance use disorder (SUD) records, if applicable, to the extent necessary for your treatment, payment, or healthcare operations, and as permitted by applicable laws and regulations in your jurisdiction. This disclosure may include information related to your diagnosis, treatment, and progress in recovery, as well as other relevant details essential for providing comprehensive care.

The purpose of this disclosure is to ensure that Companies can effectively coordinate your care, monitor your progress, and provide appropriate interventions and support services. This disclosure is crucial for delivering integrated and holistic treatment that addresses your unique needs.

You understand that your SUD records may be subject to additional protections under applicable laws and regulations governing the confidentiality of sensitive health information. These protections may vary depending on your location and jurisdiction.

You may revoke this authorization at any time by submitting a written request to the Company, except to the extent that action has been taken in reliance on it. Unless you revoke your consent earlier, this consent will expire automatically upon the termination of your treatment or upon your written request, whichever occurs first.

You understand that you may be denied services if you refuse to consent to disclosure for purposes of treatment, payment, or healthcare operations, if permitted by applicable law. However, you will not be denied services if you refuse to consent to a disclosure for other purposes.

Risks and Benefits: Mental Health Services can offer emotional and psychological support but may involve emotional challenges. Your active participation is required for these services.

Client’s Rights: You have the right to inquire directly with the Company about their qualifications, treatment methods, and the potential risks and benefits of the services provided.

Confidentiality: Your personal information and medical records will be kept confidential to the extent permitted by law. Please refer to our Privacy Policy for more details on how your data is managed.

By using the Technology Platform, you acknowledge that you have read and understood the terms of this “Informed Consent,” including the “Substance Use Disorder Record Disclosure Consent,” and you agree to abide by them.

Minor Consent and FERPA Disclosure
If you are a minor or are consenting on behalf of a minor, explicit consent from a parent or guardian is mandatory. The consenting parent or guardian confirms that they have the authority to consent to Mental Health Services for the minor and are not legally prohibited from providing such consent.

If you are a student claimed as a dependent by your parent(s) or guardian(s) for tax purposes, you acknowledge and agree that your educational records may be disclosed to your parent(s) or guardian(s) as permitted by applicable laws and regulations governing the privacy of student education records. This disclosure may include, but is not limited to, information regarding your use of the Technology Platform and any Mental Health Services received through it.

By using the Technology Platform, you certify that your parent(s) or guardian(s) claim you as a dependent for tax purposes and that you consent to the disclosure of your educational records to them. This consent will remain in effect until you revoke it in writing or are no longer claimed as a dependent for tax purposes.

If you are not claimed as a dependent or are unsure of your status, but still agree to the disclosure of your educational records to your parent(s) or guardian(s), you may provide separate written consent to the Company providing your Mental Health Services. This consent will remain in effect for the duration of your engagement with the Company or until you revoke it in writing.

You also give affirmative consent to the provisions set forth in the accompanying Privacy Policy regarding the collection, processing, and use of personal information. You agree that this consent remains valid until you or the Company terminates the engagement through the Technology Platform.

By using the Technology Platform, you acknowledge that you have read and understood the terms of this “Minor Consent and FERPA Disclosure,” and you agree to abide by them.

Account
You hereby confirm and agree that all the information that you provided in or through the Technology Platform, and the information that you will provide in or through the Technology Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.

You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.

You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security. 

Liability and Indemnification
You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.

You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.

Usage Guidelines
You agree and commit not to use the account or Account Access of any other person for any reason.

You agree and confirm that your use of the Technology Platform, including the Mental Health Services, is for your own personal use only and that you are not using the Technology Platform or the Mental Health Services for, or on behalf of, any other person or organization.

You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Technology Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.

Content and Lawful Use
You agree and commit not to make any use of the Technology Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.

Legal and Ethical Compliance
You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Technology Platform and your relationship with Companies and Really Global.

File Security
If you receive any file from us or from a Company, whether through the Technology Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.

Indemnification
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Technology Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Mental Health Services) which were provided through the Technology Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.

Payment and Fees
You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Technology Platform, is accurate, current and correct and will continue to be accurate, current and correct.

You agree to pay all fees and charges associated with your account on a timely basis and according to the fees schedule, the terms and the rates as published in the Technology Platform. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your account information.

By using the Technology Platform, you acknowledge that you have read and understood the terms in “11. Your Account, Representations, Consent, and Commitments,” and you agree to abide by them.

12. Affiliate Program

As part of our commitment to offering value and fostering community engagement on the Technology Platform, we have established an Affiliate Program. By using the Technology Platform and creating an account, you may be eligible and automatically enrolled in this program. The following terms govern your participation in the Affiliate Program:

Eligibility and Enrollment
When you create an account on the Technology Platform, a unique affiliate link is automatically generated for you. If you are not a Company that provides licensed mental healthcare services, you may earn commissions by sharing this link and referring new users to the Technology Platform. Our affiliate program is open to all eligible platform users worldwide, subject to local laws and regulations.

Companies Providing Licensed Mental Healthcare: If you are a Company that provides licensed mental healthcare services, you are not eligible to earn affiliate commissions. However, if you provide only non-licensed mental health coaching and mentoring services, you may be eligible to earn affiliate commissions according to these terms.

Ethical and Transparent Marketing
We maintain a standard of ethical conduct and transparency in our Affiliate Program. Therefore, as an affiliate:

  • Disclosure: You agree to clearly disclose your affiliate relationship in any promotional content as required by applicable laws, guidelines, or regulations, such as those outlined by the U.S. Federal Trade Commission (FTC) or similar guidelines in your jurisdiction. This ensures transparency and honesty when you promote the Technology Platform to potential new users.
  • Marketing Practices: You must use original, accurate, and lawful promotional content when referring individuals to the Technology Platform. You agree not to use fraudulent, misleading, or unethical practices, including spam or unsolicited communications, in your affiliate marketing efforts.
  • Brand Usage: You may use approved branding materials and guidelines provided by Really Global. However, you must not alter, tarnish, or misrepresent the Really Global brand or create any false impressions about your association with Really Global.

Permitted and Prohibited Promotional Methods
We outline the following regarding permitted and prohibited promotional methods to ensure that affiliate marketing efforts align with our brand values and legal requirements:

Permitted Methods
You may promote your affiliate link through personal websites, social media channels, email marketing, and other digital channels, provided you comply with this Agreement and applicable laws.

If you engage in email marketing, you must ensure compliance with anti-spam laws, including obtaining the recipient’s opt-in consent (if required by law), providing a clear unsubscribe option, and ensuring that subject lines are accurate and non-deceptive.

Prohibited Methods
You must not engage in unlawful promotional practices, including sending unsolicited emails or messages that could be considered spam.

You may not bid on Really Global brand terms in paid advertising without prior written consent from us. Similarly, using software or bots to disrupt the Platform’s user experience, fraudulent clicks, or misrepresentations of the product or brand is prohibited.

Commission and Payment Structure
By participating in the Affiliate Program, you can earn commissions based on the transactions made by new users or Companies who sign up and use the Technology Platform through your affiliate link:

Direct Referrals
You may earn a commission (“Affiliate Commission”) of up to 5% on all transactions generated by users or Companies directly referred by you to the Technology Platform. The exact commission rate will be determined by various factors, including the referred user’s activity and compliance with these terms, not exceeding 5%.

Multi-Level Earnings
Our Affiliate Program allows you to earn commissions from referrals up to five levels deep in your network, as follows:

  • Level 1 (Direct Referral): Earn a 2% commission per transaction from users or Companies who directly sign up or make a transaction using your affiliate link.
  • Level 2: Earn a 1% commission per transaction from users or Companies referred by your Level 1 affiliates.
  • Level 3: Earn a 1% commission per transaction from users or Companies referred by your Level 2 affiliates.
  • Level 4: Earn a 0.5% commission per transaction from users or Companies referred by your Level 3 affiliates.
  • Level 5: Earn a 0.5% commission per transaction from users or Companies referred by your Level 4 affiliates.

Rest Commissions
In cases where there are no affiliates at levels above you (missing “uplines”), you may receive “unassigned” commissions, effectively increasing your earnings on direct referrals. This ensures you can earn up to the maximum commission of 5% 

Cookie Policy
The Affiliate Program operates with a 60-day tracking cookie. This means that any sign-ups or transactions made by a user or Company within 60 days of clicking your affiliate link will be credited to you for commission purposes. If the referral does not complete a transaction within 60 days, commissions will not be awarded.

Commission Payment Schedule

Commissions earned under this Agreement are calculated at the end of each calendar month, based on the eligible transactions that occurred during that month:

  • Payment Timeline: Affiliate commissions are paid on a monthly basis, approximately 30 days after the end of the month in which they were earned.
  • Verification and Compliance: All payments are subject to verification of your compliance with the Terms of Service. If any fraudulent or non-compliant activity is detected, we reserve the right to withhold or adjust commissions.
  • Payment Threshold: You must meet any minimum payout threshold established by Really Global to receive your commission payments. If your earnings do not reach this threshold in a given month, they may roll over to the following month.

Account and Compliance Requirements
You are responsible for maintaining accurate and up-to-date information in your account to ensure timely payment of commissions:

  • Account Accuracy: All payment-related information, such as bank details or payment platform details, must be accurate and current. Any changes to your account details should be promptly updated.
  • Compliance with Laws: As an affiliate, you acknowledge and agree to comply with all applicable laws, rules, and regulations, including those related to consumer protection, advertising disclosures, and data protection.

Termination and Modification of the Affiliate Program

  • Program Changes: We reserve the right to modify, suspend, or discontinue the Affiliate Program at any time. We will make reasonable efforts to notify you of any such changes.
  • Termination of Affiliate Status: If we determine that you have violated these terms or engaged in fraudulent or unethical activities, we may terminate your affiliate status and withhold any pending commissions.
  • Effective Date: Any changes or updates to the Affiliate Program terms will be effective immediately upon their posting within these Terms and Conditions or upon notice to you, whichever occurs sooner.

Limitation of Liability and Indemnification
By participating in the Affiliate Program, you acknowledge and agree:

  • No Guarantee of Success: We make no guarantees regarding your potential earnings as an affiliate. Your success depends on your marketing efforts and compliance with these terms.
  • Indemnification: You will defend, indemnify, and hold harmless Really Global, its officers, directors, and employees from any claims, damages, or losses arising out of or related to your affiliate marketing activities, including any breach of this Agreement or violation of any law or regulation.

13. Telehealth Services

Telehealth refers to the provision of Mental Health Services via the Technology Platform, enabling you to consult with licensed and non-licensed mental healthcare practitioners from locations other than a traditional in-person setting. While the Technology Platform offers the convenience of telehealth, we recommend considering local in-person therapy as your first choice when available, as it may provide additional benefits. 

Modes of Accessing Mental Health Services
Mental Health Services can be accessed through various communication methods available on the Technology Platform, including video calls, voice calls, and text messages. You can utilize these services via a range of devices such as desktop computers, tablets, or smartphones.

Benefits of Utilizing Telehealth Services through the Technology Platform
Convenience: The Technology Platform facilitates your access to Mental Health Services without requiring in-person visits, offering you more flexibility and saving time.

Safety: The Technology Platform eliminates the need to be physically present in healthcare facilities, thus reducing potential exposure to other illnesses.

Potential Limitations and Risks
Virtual Experience: Due to the remote nature of services, the experience may differ from in-person Mental Health Services, and practitioners may face challenges in detecting nonverbal cues that could impact the effectiveness of treatment.

Diagnostic Limitations: Licensed practitioners may face limitations in their ability to perform detailed examinations, potentially impacting the accuracy of diagnoses.

Crisis Intervention: In emergency situations, the effectiveness of remote intervention may be limited compared to in-person care.

Technical Barriers: Issues such as connectivity or hardware failures could interrupt the service.

Privacy and Security on the Technology Platform
The Technology Platform uses industry standard encryption for your privacy and security, yet it’s your responsibility to secure your environment. If people are close to you, they may hear something you did not want them to know. You should be in a private place, so other people cannot hear you. Wearing headphones is also helpful in keeping your visit private.

Option for In-Person Mental Health Services
You can select a Company near your location and arrange for in-person Mental Health Services through the Technology Platform if you prefer.

Discontinuation of Telehealth Services
You have the option to discontinue Telehealth Services at any time, even during an active session. If a Company assesses that they are not effectively helping you reach your therapeutic goals via Telehealth Services, they are obligated to discuss this with you and, if appropriate, terminate treatment. The Technology Platform also allows you to schedule in-person visits with Companies located near you.

Financial Considerations
Telehealth Services accessed via the Technology Platform are billed based on the respective Company’s rates. Should an in-person follow-up be recommended, you will need to pay for both visits.

By using the Technology Platform, you acknowledge that you have read and understood the terms of “12. Telehealth Services,” and you agree to abide by them.

14. Modifications, Termination, Interruption and Disruptions to the Technology Platform

You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Technology Platform, any part of the Technology Platform or the use of the Technology Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

The Technology Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Technology Platform’s reliability and accessibility, you understand and agree that no Technology Platform can be 100% reliable and accessible and so we cannot guarantee that access to the Technology Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

15. Export Controls and Sanctions

Really Global products may be subject to US export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the US Department of Commerce, trade and economic sanctions maintained by the US Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the US Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions or otherwise listed on any US government list of prohibited or restricted parties.

You agree to comply with all applicable export and reexport control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC. Specifically, you agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Really Global under these Terms to any destination, entity, or person or for any end-use prohibited by the EAR, trade and economic sanctions maintained by OFAC, or any applicable laws or regulations of the United States or any other jurisdiction without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.

16. Notices

We may provide notices or other communications to you regarding this Agreement or any aspect of the Technology Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to [email protected].

Notice to California Residents:
The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of (marriage and family therapists, clinical social workers, or professional clinical therapists). You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.

17. Important Notes about our Agreement

This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of Delaware excluding any rules governing choice of laws.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.

You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the US District Court for the Northern District of California, or the state courts located in Santa Clara County in California. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts. Nothing in this Agreement, including the choice of the laws of the State of Delaware, affects your statutory rights as a consumer to rely on the mandatory consumer protection provisions contained in the law of the country in which you live.

We may change this Agreement by posting modifications on the Technology Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Technology Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Technology Platform and participation in its services.

We may freely transfer or assign this Agreement or any of its obligations hereunder.
The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

To clear any doubt, all clauses regarding arbitration, limitations of liabilities, and indemnification shall survive the termination or expiration of this Agreement.

Last Updated: November 14, 2024