Specific Terms & Conditions
Updated on December 13, 2024
The present general terms & conditions regulate the contractual relationship between THE MIND HUB COMPANY, S.L. and the Client.
1. PURPOSE
The purpose of this agreement is the conditions of service that The Mind Hub Company, S.L., CIF B-67457259, Pg. de Gràcia, 55, 08007, Barcelona (Spain) (hereinafter THE MIND HUB COMPANY, S.L.) provides to the Client in accordance with what is set out in the Service Acceptance Sheet. You can contact the company at the following e-mail address: hola@tmhsuite.com
The Client confirms that they have the legal capacity to enter into this agreement and that they may only use the Service as an end client and are not authorised to resell, trade or assign the Service.
The purpose of this agreement is the contracting by the client (professional) of the services provided by THE MIND HUB COMPANY, S.L. This service includes providing the client with SaaS. The software provided by THE MIND HUB COMPANY, S.L. is a platform designed specifically for psychologists and health professionals, offering a comprehensive solution for the efficient management of their clinical practice. This software provides advanced agenda management tools, facilitating effective appointment scheduling and time management.
In addition, Software integrates a secure payment system through Stripe, allowing professionals to receive payments from their clients quickly and reliably. It also offers intuitive invoicing functionality that simplifies the process of issuing and tracking invoices.
One of the highlights of the software is its patient CRM, which allows users to efficiently manage their clients' information, including medical records, session notes and treatment tracking.
The software provided by THE MIND HUB COMPANY, S.L. is a comprehensive tool designed to optimise the clinical practice of psychologists by offering a combination of advanced functionalities and a user-friendly interface to improve productivity and user experience.
2. PRIOR REGISTRATION
Before proceeding with the contracting of our services, it is necessary to register as a registered user through the form provided. THE MIND HUB COMPANY SL establishes a personalized relationship with users to inform them of new services offered, situations which the user accepts by accepting these conditions.
3. ENTRY INTO FORCE AND DURATION
This agreement shall enter into force at the same time as the client expressly and unequivocally expresses and accepts their explicit and unequivocal consent. This will occur with the confirmation of the acceptance of these Special Terms and Conditions of Contract
In the Service Sheet, the duration of the agreement that binds both parties is detailed in an exact manner, the duration of the subscription to the software will be for a monthly or annual period at the user's choice.
4. PRICE AND PAYMENT CONDITIONS
4.1. In exchange for the service, THE CLIENT will pay THE MIND HUB COMPANY, S.L. the total amount indicated in this Service Acceptance Sheet, in the payment conditions indicated. The final prices indicated are inclusive of VAT. The amount of the contracted services will be charged to the card provided by the client on the same day of the month in which the agreement was signed.
The software as a service (SaaS) will be available in two versions: a free version, which includes limited use of the public calendar and diary functionalities, and a paid version, which includes the calendar, diary, billing, invoicing and patient history functionalities. The choice of modality shall be the Client's responsibility. The paid version, logically, will offer a wide range of additional services and enhanced features.
4.2. THE MIND HUB COMPANY, S.L. informs the CLIENT that they will have the invoice generated by the services in their private area permanently.
4.3. THE MIND HUB COMPANY SL reserves the right to modify or alter the services or the cost of the same. In such cases, the client shall be notified of the variation at least TEN (10) days in advance. If, within TEN (10) days of receipt of the notification, the client has not responded with either acceptance or disagreement, it shall be understood that they accept the new conditions. If they do not agree, they can provide notification for the non-renewal of the service through their private area.
4.4. In the event that the client has previously contracted the services of The Mind Hub Company, SL and maintains an outstanding debt with The Mind Hub Company, SL, the company reserves the right to apply the balance of the payment made during this subscription, on account of said debt.
Consequently, should the company decide to apply the payment to settle the previous outstanding debt, no service will be provided in respect of this agreement.
If applicable, the client will be contacted and informed by the corresponding department, and once the debt has been paid, the client will be able to contract the service immediately.
4.5 THE MIND HUB COMPANY, S.L. assumes no liability for non-payment of services provided by the client to the user. THE MIND HUB COMPANY, S.L. does not act as an intermediary, the issuance of the invoice and the corresponding collection is the responsibility of the user.
5. DELIVERY CONDITIONS
The contracted service shall be deemed to be delivered by activation of the client profile as specified in the service sheet. There will be no delivery in physical documentation of the contracted services.
6. RIGHT OF WITHDRAWAL AND CANCELLATION OF THE SERVICE
The CLIENT may not withdraw from the contracting of the services, once the services have been made available, although if they do not agree, they may choose not to renew the subscription through their company menu up to 24 hours before the end date of the agreement.
7. OBLIGATIONS, REPRESENTATIONS AND WARRANTIES
7.1. The CLIENT declares that the use of the services of THE MIND HUB COMPANY, S.L. for the purposes that are proper, and that they will not be linked to an illegal activity or that threatens the image of THE MIND HUB COMPANY, S.L. or third parties.
7.2. The CLIENT represents and warrants that the inclusion of content and logos of the Client on the website of THE MIND HUB COMPANY, S.L. does not imply the breach or violation of any legal obligation or commitments to third parties.
7.3. All information provided by the CLIENT to THE MIND HUB COMPANY, S.L. must be truthful, up-to-date and correspond to reality. For these purposes, the client guarantees the authenticity of the information communicated as a result of the Service. Similarly, it is the responsibility of the client to keep all information provided to THE MIND HUB COMPANY, S.L. permanently updated and adapted at all times to the actual situation of the client. In any case, the client will be solely responsible for any false or inaccurate statements made and the damages that this causes THE MIND HUB COMPANY, SL or third parties.
7.4. THE CLIENT agrees to pay the price or fee established in the term and method chosen from among the services contracted to THE MIND HUB COMPANY SL.
7.5. With the organisation and payment of an appointment and pay and by the CLIENT's acceptance thereof, the CLIENT assumes all obligations towards their client arising from an agreement for the provision of services.
7.6 THE MIND HUB COMPANY S.L. is not responsible for the success of transactions carried out through its Software. It shall not be liable, under any circumstances, for claims from users who contract services with the CLIENT.
7.7. The CLIENT is responsible for sending to THE MIND HUB COMPANY, S.L. all the material and information necessary for the correct execution of the object of the agreement. In the event that the object of the agreement could not be executed by the breach of this obligation by the CLIENT, it may not claim from THE MIND HUB COMPANY, SL restitution, payment or compensation of any kind.
7.8 It is the duty and responsibility of the CLIENT to be up to date with their tax and fiscal obligations, exonerating THE MIND HUB COMPANY SL from any liability or infringement in this regard.
The software can provide billing tools to generate and send invoices to USERS. It is the responsibility of the CLIENT to ensure the accuracy of the billing information provided.
7.9 In order to access the service, the client must necessarily have computer equipment, with the programmes and configurations necessary for the proper functioning of the website and an Internet connection. The costs relating to the connection shall be borne exclusively by the client.
7.10 In the event of an act of God and/or force majeure, neither Party shall be liable for any delay in the performance of its obligations or for any failure to perform its obligations (except for failure to pay the other Party).
THE MIND HUB COMPANY, S.L. shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of the use or inability to use our software.
8. INDUSTRIAL AND INTELLECTUAL PROPERTY
8.1 The contents of the website THE MIND HUB COMPANY, S.L. are protected by intellectual and industrial property legislation. The Client acknowledges and agrees that the signing of the agreement does not constitute the acquisition of the aforementioned rights.
8.2 The CLIENT expressly states that the totality of the contents provided to THE MIND HUB COMPANY, S.L. does not infringe in any way industrial or intellectual property rights, or any other kind, of third parties, nor is there any other claim in force regarding these rights, expressly exonerating THE MIND HUB COMPANY, S.L. with respect to any claim related to this area made by any third party and assuming full responsibility for these facts.
8.3 Each party shall immediately inform the other party of any infringement of the latter's industrial or intellectual property rights of which it has knowledge, and shall cooperate fully in the defence of those rights.
9. RESPECTIVE IMAGE RIGHTS
By signing this agreement, the CLIENT accepts that the Supplier may use its data and personal or corporate image (logo) as Client, in the different promotional media used by the latter to present its services to third parties, such as its website and/or blog, social networks, catalogues and/or corporate brochures, among others, and without acquiring the right to any consideration, the Supplier undertakes to treat them respecting, at all times, the Client's right to honour and brand image.
In this sense, THE CLIENT authorizes THE MIND HUB COMPANY SL to capture, record or post its image, also transferring the rights of exploitation of their image through any procedure and tangible or intangible media, online or offline in any form of communication that THE MIND HUB COMPANY SL may use, expressly authorizing the advertising uses of the images in which THE CLIENT appears, without any impairment or deterioration of their honour, right of image or reputation or in a way which is contrary to their interests. The transfer of image rights shall be free of charge, for an indefinite period of time and without territorial limit.
Under all circumstances, the agreement between THE MIND HUB COMPANY SL and THE CLIENT is considered public so that each party may disseminate this collaboration in the media, social networks or other means it deems appropriate, without the permission of the other, unless otherwise expressly stated in writing.
10. DATA PROTECTION POLICY
In compliance with the provisions of European Regulation 679/2016, of 27 April, on the Protection of Personal Data and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, the parties that formalise the agreement are subject to compliance with said regulations, declaring that they have provided appropriate technical and organisational measures to guarantee and accredit that the data processing carried out is in accordance with current legislation, and in particular, for the processing of data of a sensitive nature.
The CLIENT may obtain personal data of the users of the website www.tmhsuite.com included in the contact form, appointment management form, private data provided on the Website, payment platform, and any other services offered from the Website, acting in these cases as a data controller with respect to their particular copy of the Data
This data can be both identifying data, such as name, surname, ID, address, email, telephone, as well as other special category data as provided in Article 9 of European Regulation 679/2016 of 27 April on the Protection of Personal Data, such as data on the state of health, religious, philosophical or moral beliefs, racial or ethnic origin, among others, and may only be used for the purposes set out on the Website.
10.1. THE CLIENT, with respect to the Service expressly states their commitment to:
- Apply, process and use the personal data to which they have access (in the case of Spain) in accordance with the provisions of this agreement, in relation to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter RGPD), the Organic Law on the Protection of Personal Data and Act 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE) and other applicable regulations. For services provided by THE MIND HUB COMPANY, S.L. in other countries will also apply national regulations on the protection of personal data and services provided via the Internet.
- Access the data in the records only in accordance with the explicit and legitimate purposes in accordance with the object of this agreement. Specifically, the data of the interested parties must be used to manage their interest in the advertisement published on the Portal and may not be used for other purposes such as sending promotional communications, unless the interested party expressly consents to its processing.
- Not transfer personal data to natural or legal persons other than those who may have been expressly authorised by this agreement.
- Undertake to protect the personal data to which they have access in order to guarantee its confidentiality and prevent unauthorised third parties from gaining access to it in accordance with the measures established in the GDPR.
- Be responsible for the unlawful use of the data of registered persons. For the purposes of this clause, unlawful use shall be considered to be the use of the same in a manner contrary to the GDPR and other applicable personal data protection legislation or in a manner different or for a different purpose from the purpose of this agreement.
- Keep their passwords secret.
- Adopt measures, contractual or otherwise, that serve to ensure that persons authorised to process personal data for the purpose of providing the services offered (whether employees, collaborators, suppliers, other processors, etc.) comply with the duty of confidentiality, even after the provision of the service has ended, as well as with the security measures applicable to such personal data. The use of other processors is permitted provided that they comply with the obligations set out in this agreement.
- Ensure that persons processing personal data within your organisational structure have been trained or are knowledgeable about data protection, so that they are aware of their obligations.
- Adopt and maintain technical and organisational security measures, taking into account the state of the art, the costs of implementation, the nature, scope, context and purposes of the processing in accordance with this agreement and in accordance with regulatory requirements.
- Process all requests for data subjects' rights in accordance with the data protection regulations in force
- Support the SUPPLIER when it is appropriate to respond to a prior consultation with the personal data protection authority.
- Notify the data controller, without undue delay, and within forty-eight hours (48h) of becoming aware of the breach, of any breach of security of the personal data that it processes under this agreement, including all information that it has at its disposal in relation to the breach. Provide the controller with the following information related to the security breach if it has such information, or if not, provide it as it becomes available.
10.2. THE MIND HUB COMPANY, S.L. regarding compliance with the RGPD expressly states that:
It shall process the personal data to which it has access within the framework of this agreement in accordance with the provisions of the regulations in force.
The data that make up the database of Clients of THE MIND HUB COMPANY, S.L. and the information contained therein has been provided by the Client himself when hiring the Service of THE MIND HUB COMPANY, S.L. The Client has the right to exercise his rights of RGPD by sending a letter to The Mind Hub Company, S.L., to the address Pg. de Gràcia, 55, 08007, Barcelona (Spain) or by sending an email to dpo@tmhsuite.com
10.3. Without prejudice to the provisions of other clauses of this Agreement, the breaching Party shall be fully liable for any penalties, damages and losses that may be caused to the other Party through fault or negligence resulting directly or indirectly from the breach of any or all of the obligations and duties related to data protection regulations and assumed under this Agreement.
10.4 As stipulated in these conditions, in its corresponding section, THE MIND HUB COMPANY, SL adheres to the figure of data processor. Accordingly, the Professional User is reminded of their responsibility to comply with the obligations established by current data protection regulations, including that of duly informing the client of all relevant information in this area.
10.4 Processing principles and data subjects' rights In order to comply with the processing principles laid down in the European Regulation 679/2016 of 27 April, on the Protection of Personal Data and to respond to the rights of the data subjects of the USERS of the Website whose processing is carried out by both PARTIES, it is agreed as follows:
- In the privacy policy, and prior to the collection of personal data, the SUPPLIER shall provide the information provided for in article 13 of the GDPR, including an email with its DPO to facilitate the exercise of the rights of data subjects.
- Once the USER contacts the CLIENT, the information provided for in Article 14 of the GDPR must be provided.
- In the event that the USER exercises the rights of access, limitation, suppression, rectification, opposition, portability to the processing of their personal data against the PROVIDER, the PROVIDER will immediately follow up on their request, and in the event that this data may have been provided to the CLIENT, the PROVIDER will request support within a maximum period of 24 hours (24h) so that the aforementioned request can be duly processed. The client shall confirm in writing to the SUPPLIER how it will proceed in relation to the request made.
- In the event that the USER exercises the rights of access, limitation, suppression, rectification, opposition and portability of the processing of personal data against the CLIENT, the CLIENT shall immediately notify the PROVIDER, and within a maximum period of twenty-four hours (24h), so that both parties responsible can respond to the aforementioned request separately.
10.5 Data Processor.
THE MIND HUB COMPANY, S.L. acts in this case as a processor providing the appointment management service to the data controller and providing service through software (SaaS) having access to identifying data given the maintenance, management and control of those services.
As for the obligations and rights of the Data Processor as established in the current regulations on Protection of Personal Data, the Data Processor, in this case THE MIND HUB COMPANY, SL, must:
(a) Process the personal data only on the documented instructions of the controller, including with regard to transfers of personal data to a third country or an international organisation, unless obliged to do so under Union or Member State law applicable to the processor; in such a case, the processor shall inform the controller of that legal requirement prior to processing, unless such law prohibits it for important reasons of public interest.
b) Ensure that the persons authorised to process personal data have undertaken to respect confidentiality or are subject to a confidentiality obligation of a statutory nature.
c) Take all appropriate technical and organisational measures to ensure a level of security appropriate to the risk of the processing.
d) Respect the conditions for resorting to another Data Processor, as established in the regulations in force on Personal Data Protection.
e) Assist the controller, taking into account the nature of the processing, by appropriate technical and organisational measures, where possible, in order to enable the controller to fulfil its obligation to
TMH Important People
We are The Mind Hub family
Google API Services Disclosure for TMHSuite | TMH Suite use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirement
