Ownership – legal information

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

The Platform is owned by KIDOVO TECH S.L. (“MIINTA” or “we/us”), a legally constituted company under Spanish legislation, with registered office at Plaça Pau Vila 1, Planta 1, Sector Ad, Oficina 1 Ad. 08039, Barcelona, provided with N.I.F. no. B72803091 and registered in the Mercantile Registry of Barcelona under Volume 48587, Folio 16, Sheet B-589095 and Registration 1.

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

Acceptance and integrity

Access, registration and/or use of our Platform, as well as its information, services and content are subject to applicable regulations and the provisions established 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 regulates, now or in the future, the use of this Platform (the “Legal Terms”).

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

The illegality, invalidity or ineffectiveness of any of the provisions of the Legal Terms will not affect the effectiveness of the rest. In such case, they will be replaced or integrated with others that comply with the Law and correspond to the purpose of the replaced ones. The parties waive any claim for damages that could be requested due to this circumstance.

Modification

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

In the event that the Legal Terms are modified, MIINTA will do its best to inform 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 for Users to regularly check the Legal Terms.

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

The applicable Legal Terms will be those in force at the time 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 content, resources, tools and services related to emotional well-being that MIINTA offers through it (the “Emotional Well-being Services”), reserving the possibility of modifying, deleting or adding Emotional Well-being Services based on the needs of our Users.

Likewise, through the Platform our Users can quickly and securely contract psychology services (not psychiatry) as well as the emotional support chat with our collaborating specialists in psychology (the “Psychologists”).

We clarify that at MIINTA we do not provide psychology services, but only help Users, who so request, to find the Psychologist who best suits their needs. The therapy sessions that are contracted in their case, as well as the support chat, remain strictly restricted between each User (and, where applicable, with their parents or legal guardians if they are minors) and the Psychologist (the “Sessions”).

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

Registration and access

For access and use of the Platform, Users must register according to the procedure specified at any time on the same.

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

Likewise, Users under 14 years of age will require in all cases the authorization of their parents, guardians or legal representatives for the registration and use of the Platform.

In any case, we recommend that any use of the Platform by minors under 18 years of age is always carried out under the knowledge and supervision of their parents, guardians or legal representatives as responsible for the minors under their charge.

In this sense, parents, guardians and/or legal representatives must ensure that minors make a 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 deems appropriate. For example, access and/or use of the Platform may be conditional on the receipt of an invitation code, the implementation of parental control systems or any other system we deem convenient.

In the event that 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.

Without prejudice to this, at the time of registering, all Users must:

a. provide the requested registration information, which must be current and accurate;
b. maintain the confidentiality of account data (username, password, etc.), which will be unique and non-transferable; and
c. keep all data provided to the Platform updated, and must notify us of any change.

Use of the Platform

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

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

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

- nor will it contain a public provocation to commit any crime and, especially, will not publicly provoke the commission of a crime of terrorism, child pornography or incitement to hatred, hostility, discrimination or violence against a group, a part thereof or against a specific person for racist, xenophobic, sex or gender reasons or disability in the terms and without prejudice to what is provided in the Penal Code.

On behalf of MIINTA's content, we assume the same commitments.

On the other hand, Users, and when necessary Psychologists, bind themselves to respect the privacy, intimacy, image and honor rights of the rest of the users of the Platform. In particular, but without limiting the foregoing, all of them commit to comply with the following “Rules of Coexistence and Good Behavior” of the Platform:

a. Behave in a respectful and polite manner in your interactions and communications with other Users and with MIINTA;

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

c. do not share unwanted or illegal content with other Users;

d. do not impersonate third parties;

e. do not harass or defame anyone;

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

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

h. do 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 to, at any time and without prior notice, disable, temporarily or permanently, access to the Platform in the event that, in our opinion, a user of the Platform has violated any provision of the Legal Terms and/or applicable regulations, or there are reasonable doubts in this regard. Likewise, and without having any obligation, MIINTA reserves the right to carry out the investigative tasks it deems necessary to prevent the foregoing. To this end, MIINTA may collaborate with the competent security forces and bodies.

Platform users must immediately inform MIINTA if a third party uses their account without authorization or if someone harasses, insults or, in any way, intimidates them.

Price

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

Payment Method

Payments are description in the manner indicated on the Platform at any time. Failing that, payments will be made through a monthly subscription or through the acquisition of vouchers available on the Platform, without commitment to stay, without prejudice to the agreements we may reach with organizations that finance the use of the Platform by their members such as, for example, educational centers or sports federations.

Users represent and warrant that they have the necessary authorizations to use the selected payment method at the time of placing their order, releasing MIINTA from any liability for unauthorized or in any way illegitimate use.

Payments denied, fully or partially, by the corresponding entity will automatically drag the cancellation of the order.

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

In particular, payments by bank card are processed by STRIPE who applies appropriate security measures for conducting online payments. This payment gateway allows interaction with cards of major operators 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. From MIINTA we do 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, cancel the contract without having to specify the reason.

Users represent that they know that some products and/or services are, due to their nature or the characteristics of the applicable sector regulations, excluded from the right of withdrawal.

Exercising the right of withdrawal will not imply any cost for the Users. However, Users must bear the necessary expenses to return the product to MIINTA if so indicated on the Platform.

Cancellation of Sessions

Users can cancel scheduled Sessions with a 24-hour margin through the Professional's email or through the personal area of the Platform. In such 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 voucher. MIINTA does not participate in psychological counseling, as indicated above. Consequently, MIINTA is exonerated from any liability, direct or indirect, derived from the services provided by the Psychologists.

Users can cancel psychological guidance via 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 of paying the monthly subscription, they will be refunded that amount. Otherwise, the paid amount will not be refunded.

Advertising

MIINTA reserves the right to include advertising, own or of third parties, on the Platform.

Connection

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

Disclaimers of liability

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.

The suspension of Emotional Well-being Services does not confer any right of compensation or indemnification to the User. However, MIINTA will make its best efforts to limit, whenever possible, any suspension or interruption of them.

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

In this sense, Users accept that MIINTA will not be responsible, as a result of such actions, for the deletion or failure to make available certain Services or features of the Platform.

MIINTA cannot guarantee that the use of Platform Services produces certain results. In no case will MIINTA be responsible for indirect or direct damages, including, among others, loss of profits, data or business opportunity or software errors, related to the use of the Platform and the provision of the Services.

In no case will MIINTA be responsible for those contents, activities, products and/or services that can be accessed through electronic links (including “deep links”), directly or indirectly, related to our Platform. The links included or that may be included on our Platform do not represent any type of relationship between MIINTA and the third-party owners of the websites that can be accessed through those links.

MIINTA will not be responsible for any loss or damage that Users may suffer as a result of the inappropriate use of the Platform or the non-compliance by the User of the Legal Terms or instructions provided by MIINTA through any communication channel.

MIINTA does not review the content uploaded by the users of the Platform and, consequently, neither has actual knowledge nor is responsible for such contents. Without prejudice to this, MIINTA reserves the right to review and remove content uploaded by those persons the moment it has actual knowledge that it breaches or may breach the Legal Terms or applicable regulations at any time, as well as that it may put at risk the privacy, intimacy and/or health of the Users.

MIINTA does not participate in psychological counseling, as indicated above. Consequently, MIINTA is exonerated from any liability, direct or indirect, derived from the services provided by the Psychologists.

Reporting and removal of illegal content

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

In any case, the users of the Platform will be solely responsible for the content they publish and share on the Platform with other Users. Where appropriate, MIINTA, if it considers that such content is illegal, that they violate our Legal Terms or that there are reasonable indications that this is the case, may disable such content until the issue is resolved.

Likewise, MIINTA may establish those dispute resolution systems between users of the Platform and MIINTA that it deems appropriate at any time.

Repetition by users of the Platform of uploading illegal content may lead to temporary suspension or definitive cancellation of their account.

Data protection

Check how we treat your personal data in our Privacy Policy available at the following link: www.hellomiinta.com/privacy.

MIINTA's Intellectual and Industrial Property

Users of the Platform acknowledge and accept that all rights, titles and interests of and associated with the Platform, its contents and computer applications, including any modification, update 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 owned by third parties and used by MIINTA under license and with the due authorization of those third parties.

In this sense, by using the Platform you acknowledge and accept that you do not acquire any intellectual or industrial property right by the simple use of it. Therefore, you cannot 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 foregoing, full or partial reproduction, modification, transformation, copying, distribution, public communication, making available to the public or any other form of exploitation over the Platform, its contents (including its texts and policies), applications, design and representation style of 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 make derivative works of the software that supports the operation and access to the Platform and its features, except when permitted by Law.

Breach of any of the provisions stipulated herein will mean that MIINTA exercises against the offender the pertinent legal actions 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 will be governed by Spanish Legislation, unless the regulations applicable to consumers of other countries are applicable to final consumers as occurs, for example, in many of the Member States of the European Union in which the law of the consumer's country of residence applies.

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

However, in the event that the regulations applicable to the defense of consumers and users establish the possibility of consumers and/or users choosing the forum corresponding to their place of residence, they may proceed in accordance with those regulations. This would be the case, for example, of consumers resident in Spain or in many of the Member States of the European Union.

On the other hand, in accordance with Article 14 of Regulation (EU) No 524/2013 on online consumer dispute resolution, we inform consumer Users that the European Commission has established an online dispute resolution platform to resolve disputes regarding contractual obligations derived from online sales or service contracts between a consumer resident in the Union and a company established in the Union. Users can 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, Planta 1, Sector Ad, Oficina 1 Ad., 08039, Barcelona

Phone: +34 617 817 527

Email: contacto@hellomiinta.com