Ownership – legal information

This website www.hellomiinta.com and any other related to it, including apps or future websites or digital tools, shall be jointly referred to as the “Platform”.

The Platform is owned by KIDOVO TECH S.L. (“MIINTA” or “us”), a company legally incorporated under Spanish law, with registered office at Plaça Pau Vila 1, Floor 1, Sector Ad, Office 1 Ad. 08039, Barcelona, with N.I.F. no. B72803091 and registered in the Barcelona Commercial Registry under Volume 48587, Page 16, Sheet B-589095 and Entry 1.

You can contact us through the means indicated in section 17 Contact.

Acceptance and integrity

Access to, registration in and/or use of our Platform, as well as its information, services and content, are subject to the applicable regulations and the provisions set out in the terms and conditions of this Platform: Terms and Conditions of Use, Privacy Policy, Cookies Policy and any other policy or legal text that governs, now or in the future, the use of this Platform (the “Legal Terms”).

The users of this Platform (“Users”) acknowledge and accept that they have read and understood the Legal Terms. By accessing and/or using our Platform, they expressly acknowledge and accept compliance with them.

The unlawfulness, invalidity or ineffectiveness of any of the provisions of the Legal Terms shall not affect the effectiveness of the rest. In such a case, they shall be replaced or supplemented by others that comply with the Law and reflect the purpose of the replaced provisions. The parties waive any claim for damages that could be brought on this basis.

Modification

MIINTA reserves the right to modify the Legal Terms. Therefore, it is important that Users consult them regularly. We clarify that, under no circumstances, will modifications to the Legal Terms apply retroactively, unless expressly stated otherwise for the benefit of our Users and/or in order to comply with the applicable regulations at any given time.

In the event that the Legal Terms are modified, MIINTA will do everything possible to inform the Users, so that they can comply with the new applicable conditions and accept them or refrain from using the Platform and cancel their User account. In any case, it is important that Users regularly check the Legal Terms.

If there is any conflict between these Legal Terms and any previous version thereof and, unless otherwise determined, the most recent version shall prevail.

The applicable Legal Terms shall be those in force at the time the Users access and/or use the Platform.

The Platform and the Services.

MIINTA makes the Platform available to Users.

Through the Platform, Users can access those contents, resources, tools and emotional well-being services that MIINTA offers through it (the “Emotional Well-being Services”), reserving the right to modify, delete or add Emotional Well-being Services according to the needs of our users.

Likewise, through the Platform our users may quickly and securely contract psychology services (not psychiatry) as well as the emotional support chat with our specialist psychology collaborators (the “Psychologists”).

We clarify that MIINTA does not provide psychology services; rather, we only help Users, upon request, find the Psychologist that best suits their needs. The therapy sessions that are contracted, where applicable, as well as the support chat, are strictly limited to each User (and, where applicable, their parents or legal guardians if they are minors) and the Psychologist (the “Sessions”).

From MIINTA we will only offer, both to Users and to Psychologists, the Platform as a communication, monitoring and administrative support tool for the Sessions.

Registration and access

To access and use the Platform, Users must register according to the procedure specified on it at any given time.

In any case, Users under 16 will need authorization from their parents, guardians or legal representatives to contract certain services and, in particular, to contract Sessions.

Likewise, Users under 14 will in any case need authorization from their parents, guardians or legal representatives to register and use the Platform.

In any case, we recommend that any use of the Platform by minors under 18 always take place with the knowledge and supervision of their parents, guardians or legal representatives, as the persons responsible for the minors under their care.

In this regard, parents, guardians and/or legal representatives must ensure that minors make beneficial, safe, balanced and responsible use of digital devices and the Platform, in order to guarantee the proper development of their personality and preserve their dignity and fundamental rights.

MIINTA reserves the right to establish the age verification mechanisms it considers appropriate. For example, access to and/or use of the Platform may be subject to the receipt of an invitation code, the implementation of parental control systems or any other system we deem convenient.

If the function is enabled, Users may register through their social media profiles, without prejudice to the need to complete the data with information that may be required on the Platform.

Notwithstanding the above, at the time of registration, all Users must:

a. provide the requested registration information, which must be current and accurate;
b. keep account data confidential (username, password, etc.), which shall be unique and non-transferable; and
c. keep all data provided to the Platform up to date and notify us of any changes.

Use of the Platform

Users agree to use the Platform responsibly and in compliance with the law, morality, generally accepted good customs, public order and the Legal Terms. In particular, but not exhaustively, Users agree not to use the Platform for unlawful purposes, for purposes contrary to the provisions of the Legal Terms, to undermine our rights and/or interests, as well as those of third parties, or in any other way to damage, disable, overload or deteriorate the Platform or prevent its normal use.

Likewise, Users must respect human dignity under the terms provided in Law 13/2022, of 7 July, General Audiovisual Communication, and in any other regulation. The foregoing includes that the content Users may upload:

- will not incite violence, hatred or discrimination against a group or members of a group on the grounds of age, sex, disability, sexual orientation, gender identity, gender expression, race, color, ethnic or social origin, sexual or genetic characteristics, language, religion or beliefs, political or any other opinions, nationality, wealth or birth;

- nor will it contain a public incitement to commit any crime and, especially, will not publicly incite the commission of an offense of terrorism, child pornography or incitement to hatred, hostility, discrimination or violence against a group, part of a group or against a specific person for racist, xenophobic reasons, because of their sex or for reasons of gender or disability, under the terms of and without prejudice to the provisions of the Criminal Code.

On the part of MIINTA content, we assume the same commitments.

On the other hand, Users, and where appropriate Psychologists, undertake to respect the privacy, intimacy, image and honor rights of the rest of the people using the Platform. In particular, but without limiting the foregoing, all of them undertake to comply with the following “Rules of Coexistence and Good Conduct” of the Platform:

a. Behave respectfully and politely in your interactions and communications with other Users and with MIINTA;

b. not promote or market products and/or services within the Platform;

c. not share unwanted or unlawful content with other Users;

d. not impersonate other people;

e. not harass or defame anyone;

f. not infringe third-party rights such as intellectual property, industrial property or image rights.

g. not publish content that promotes hatred, violence, racism, intolerance, homophobia or glorifies terrorism;

h. not publish sexual or pornographic content;

i. respect the beliefs and sexual orientations of third parties;

j. respect the freedom of expression rights of Users and third parties;

We reserve the right, at any time and without prior notice, to disable, temporarily or permanently, access to the Platform if, in our opinion, a Platform user has violated any provision of the Legal Terms and/or any applicable regulation, or if there are reasonable doubts in this regard. Likewise, and without any obligation to do so, MIINTA reserves the right to carry out any investigative work it deems necessary to prevent the above. For this purpose, MIINTA may cooperate with the competent law enforcement authorities.

Users of the Platform must inform MIINTA immediately if a third party uses their account without authorization or if someone harasses, insults or otherwise intimidates them.

Price

The prices of the Emotional Well-being Services and the Sessions are those indicated at any given time on the Platform. Prices may be subject to changes, and Users will be notified by MIINTA (generally, these modifications should not apply retroactively if they in any way harm Users). If they do not agree with the change in prices, Users may cancel the corresponding service.

Payment method

Payments are made in the manner indicated on the Platform at any given time. Failing that, payments will be made by monthly subscription or by purchasing bundles available on the Platform, with no commitment period, without prejudice to the agreements we may reach with organizations that finance the use of the Platform by their members, such as educational centers or sports federations.

Users state and guarantee that they have the necessary authorizations to use the selected payment method when placing their order, releasing MIINTA from any liability for unauthorized or otherwise unlawful use.

Payments denied, in whole or in part, by the relevant entity will automatically result in the cancellation of the order.

Our Platform is equipped with security tools that comply with the highest market standards, such as SSL encryption (Secure Socket Layer), which guarantees the security, integrity and confidentiality of bank data when it travels over the Internet. Therefore, we have measures in place to protect confidentiality in all communications established during the transaction.

In particular, payments by bank card are processed by STRIPE, which applies appropriate security measures for online payments. This payment gateway allows interaction with cards from the main providers such as Visa, Mastercard, American Express or JCB. STRIPE is adapted to the Verified by Visa, Mastercard SecureCode, JCB Secure and Safekey protocols.

These payments are subject to checks and authorizations by the card-issuing bank. MIINTA does not have access to confidential card information.

Withdrawal

Whenever applicable in accordance with consumer and user regulations, Users who have purchased a product and/or service on the Platform may, within fourteen (14) calendar days from the date on which the contract with MIINTA was concluded or from when they receive the product or the last of the products requested in a single order, withdraw from the contract without needing to state the reason.

Users state that they are aware that some products and/or services are excluded from the right of withdrawal due to their nature or the characteristics of the applicable sector-specific regulations.

Exercising the right of withdrawal will not entail any cost for Users. However, Users will have to bear the costs necessary to return the product to MIINTA if this is indicated on the Platform.

Cancellation of Sessions

Users can cancel scheduled Sessions with 24 hours' notice via the Professional’s email or through the personal area of the Platform. In that case, Users will have the possibility of rescheduling the Session with the Professional at no additional cost.

On the contrary, if the User cancels the Session with less than 24 hours' notice, that Session will be deducted from the bundle. MIINTA does not participate in psychological advice, as stated above. Consequently, MIINTA is exempt from any direct or indirect liability arising from the services provided by the Psychologists.

Users can cancel psychological guidance by Chat whenever they want by sending an email to contacto@hellomiinta.com or soporte@hellomiinta.com. If the User cancels the psychological support after 24 hours have passed since they paid the monthly subscription, that amount will be refunded. Otherwise, the amount paid will not be refunded.

Advertising

MIINTA reserves the right to include advertising, whether its own or third-party advertising, on the Platform.

Connection

Internet connection and the device needed to access the Platform are not included in the Platform or in the Services. It is each User’s responsibility to ensure they have them in order to access the Platform.

Liability exclusions

In view of the unpredictable situations that characterize technological environments and the Internet, MIINTA reserves the right to temporarily suspend the Services, whether for technical, security or maintenance reasons.

Suspension of the Emotional Well-being Services does not give the User any right to compensation or indemnity. However, MIINTA will make its best efforts to limit, whenever possible, any suspension or interruption thereof.

Likewise, MIINTA reserves the right to make changes in order to keep the information up to date, with or without prior notice, which may affect the accessibility of the Platform.

In this regard, Users accept that MIINTA shall not be responsible, as a result of such actions, for the removal of or failure to make available certain Services or functionalities of the Platform.

MIINTA cannot guarantee that the use of the Platform’s Services will produce specific results. Under no circumstances shall MIINTA be liable for indirect or direct damages, including, among others, loss of profits, data or business opportunities, or software errors, related to the use of the Platform and the provision of the Services.

Under no circumstances shall MIINTA be responsible for any content, activities, products and/or services that may be accessed through electronic links (including “deep links”), directly or indirectly related to our Platform. The links included in or that may be included in our Platform do not represent any kind of relationship between MIINTA and the third-party owners of the websites that can be accessed through such links.

MIINTA shall not be liable for any loss or damage that Users may suffer as a result of improper use of the Platform or of the User’s failure to comply with the Legal Terms or with instructions provided by MIINTA through any communication channel.

MIINTA does not review the content uploaded by users of the Platform and, consequently, neither has actual knowledge of such content nor is responsible for it. Notwithstanding the above, MIINTA reserves the right to review and remove content uploaded by those persons once it has actual knowledge that it breaches or may breach the Legal Terms or the regulations applicable at any given time, as well as content that may put the privacy, intimacy and/or health of Users at risk.

MIINTA does not participate in psychological advice, as stated above. Consequently, MIINTA is exempt from any direct or indirect liability arising from the services provided by the Psychologists.

Reporting and removal of unlawful content

Any user of the Platform may report content they consider unlawful by contacting us at the email address soporte@hellomiinta.com.

In any case, the users of the Platform shall be the sole responsible parties for the content they publish and share on the Platform with other Users. If applicable, if MIINTA considers that such content is unlawful, that it breaches our Legal Terms or that there are reasonable indications that this is the case, it may disable such content until the issue is resolved.

Likewise, MIINTA may establish such dispute resolution systems between users of the Platform and MIINTA as it considers appropriate at any given time.

Repeated uploading of unlawful content by users of the Platform may result in the temporary suspension or permanent cancellation of their account.

Data protection

Find out how we process your personal data in our Privacy Policy available at the following link: www.hellomiinta.com/privacidad.

MIINTA intellectual and industrial property

Users of the Platform acknowledge and accept that all rights, titles and interests in and associated with the Platform, its contents and computer applications, including any modifications, updates and new versions, as well as any distinctive sign (registered or not), know-how, trade secret, intellectual property right, industrial property right (registered or not), domain name or any other industrial or intellectual property right inherent to the Platform, are the exclusive property of MIINTA or are the property of third parties and used by MIINTA under license and with the due authorization of such third parties.

In this regard, by using the Platform you acknowledge and accept that you do not acquire any intellectual or industrial property right merely by using it. Therefore, you may not use the contents of the Platform, including its texts and policies, for purposes other than those contemplated in the Legal Terms and on the Platform itself.

As a result of the above, the total or partial reproduction, modification, transformation, copying, distribution, public communication, making available to the public or any other form of exploitation of the Platform, its contents (including its texts and policies), applications, design and way of presenting its contents, as well as its source/object code and all those elements that make up its structure and appearance (“look & feel”), is prohibited.

Likewise, Users of the Platform acknowledge and accept that it is prohibited to decompile, reverse engineer or create derivative works from the software that supports the operation and access to the Platform and its functionalities, unless permitted by Law.

Failure to comply with any of the provisions set out herein will result in MIINTA taking the relevant legal actions against the infringing party for the defense of its rights, titles and interests, including the possibility of claiming damages.

Applicable law and jurisdiction

The interpretation and application of the Legal Terms shall be governed by Spanish law, unless the applicable regulations for consumers in other countries apply to end consumers, as is the case, for example, in many of the European Union Member States where the law of the consumer’s country of residence applies.

For the resolution of any discrepancy that may arise in the interpretation and/or performance of the Legal Terms, the parties submit to the jurisdiction and competence of the courts of the city of Barcelona (Spain), expressly waiving any other forum that may correspond to them.

However, in the event that the applicable regulations for the protection of consumers and users establish the possibility for consumers and/or users to choose the court corresponding to their place of residence, they may proceed in accordance with such regulations. This would be the case, for example, of consumers residing in Spain or in many of the European Union Member States.

On the other hand, in accordance with Article 14 of Regulation (EU) No. 524/2013 relating to the rules on online dispute resolution in consumer matters, we inform Users who are consumers that the European Commission has established an online dispute resolution platform to settle disputes relating to contractual obligations arising from online sales or service contracts between a consumer residing in the Union and a company established in the Union. Users may obtain additional information through the following link: http://ec.europa.eu/consumers/odr/.

How you can contact us

You can contact us in the following ways:

Address: Pl. Pau Vila 1, Floor 1, Sector Ad, Office 1 Ad., 08039, Barcelona

Phone: +34 617 817 527

Email:contacto@hellomiinta.com