Terms of Use

1. Introduction

Welcome to Mindscape Health, a platform operated by Mindscape Health LLC Kenya ("Company," "we," "our," or "us"). Mindscape Health is designed to connect individuals with licensed therapists and provide corporate wellbeing solutions across multiple jurisdictions, including Kenya, the United States, and East and Southern African countries. These Terms of Use ("Terms") govern your access to and use of our web platform, mobile services, and related applications ("the Platform"), and are legally binding.

By using the Platform, you agree to comply with these Terms, our Privacy Policy, and any other rules or guidelines posted on the Platform. If you disagree with any of these Terms, you should immediately cease using the Platform.

2. Eligibility

The Platform is available to:

• Individual Users: Aged 13 years and above. In the United States, users must be at least 13 years of age. In some US states, users may need to be 16 or older for health data purposes. In Kenya and other African jurisdictions, users must be at least 13 years of age, and users under 18 must have parental or guardian consent.
• Therapists: Licensed, verified, and in good standing with regulatory authorities in their respective jurisdictions.
• Corporate Clients: Organizations that wish to provide mental health services to their employees through Mindscape Health, including through Employee Assistance Programs (EAP).

By accessing or using the Platform, you affirm that you are eligible to use it. If you are under 18, you confirm that you have obtained the necessary consent from a parent or guardian to use the Platform, as required by the laws of your jurisdiction.

3. Services Offered

Mindscape Health provides the following core services:

• AI-powered Therapist Matching: Individuals can sign up to the Platform and answer specific questions to be matched with a licensed therapist based on the type of therapy they seek. Therapists on the Platform may be based in Kenya, the United States, or other countries in which Mindscape Health operates.
• Corporate Wellbeing Solutions: Corporate clients can subscribe to Mindscape Health's services for employee wellbeing programs, including access to anonymized employee wellbeing data and a dashboard for tracking the overall impact of mental health services on their workforce. For detailed corporate and EAP terms, see Section 13.
• AI Assistant (Nuru): An AI-powered assistant, "Nuru," is available to provide psychological support to users in the form of advice and guidance. Please note that Nuru is not a licensed therapist, does not provide medical diagnoses, and its suggestions should not be interpreted as professional mental health treatment or therapy. Nuru is powered by third-party AI service providers and your conversations with Nuru may be processed by these providers (see our Privacy Policy for details).

4. User Account Registration

Creating an Account: In order to access Mindscape Health services, users must create an account by providing accurate, truthful, and complete information. You agree to promptly update your information to ensure it remains accurate.

Confidentiality of Account Information: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you suspect unauthorized use of your account, you must notify Mindscape Health immediately.

Age Restrictions: The Platform is intended for individuals aged 13 and above. In the United States, users must be at least 13 (and in some states, 16 for health data purposes). In Kenya and other African jurisdictions, users must be at least 13, and users under 18 must obtain parental or guardian consent. See Section 2 for full eligibility details.

5. Acceptable Use Policy

You agree not to:

• Misuse the Platform: You will not engage in any activity that could damage, disable, or impair the Platform's functionality or security.
• Impersonation: You will not impersonate any person, entity, or organization, or provide misleading or false information during account registration or use.
• Illegal Activity: You will not use the Platform for any purpose that is unlawful under applicable law in your jurisdiction, including but not limited to fraud, defamation, or any other illegal activities.
• Harassment or Harm: You will not harass, threaten, or harm any individual, or engage in any behavior that disrupts other users' experiences.
• Inappropriate Content: You will not upload, share, or distribute content that is offensive, obscene, or in violation of any applicable laws.

6. Intellectual Property Rights

Ownership of Platform Content: All content, features, designs, trademarks, logos, code, and other intellectual property ("IP") related to Mindscape Health, including the AI therapist matching algorithm and AI-powered assistant "Nuru," are owned by or licensed to Mindscape Health and are protected by Kenyan, US, and international intellectual property laws.

License to Use the Platform: You are granted a limited, non-exclusive, non-transferable license to use the Platform solely for its intended purposes. This license does not grant you any rights to modify, reproduce, or distribute any part of the Platform or its content, except as expressly permitted.

Algorithm and AI Technology: The AI matching algorithm and technology ("Nuru") used on the Platform are proprietary to Mindscape Health. Users may not reverse engineer, decompile, or attempt to extract source code from the Platform's underlying systems.

7. Disclaimer of Liability

Platform as a Connector: Mindscape Health is not a healthcare provider and does not offer therapy, medical, or psychological advice directly. The Platform simply facilitates connections between individuals and licensed therapists.

No Guarantee of Therapy Outcome: Mindscape Health does not guarantee the success, quality, or efficacy of any therapy sessions or outcomes. Any therapy or mental health services provided through the Platform are at the user's own risk.

AI Recommendations: The AI-powered assistant "Nuru" provides general psychological guidance and support. However, Nuru is not a licensed therapist, and its suggestions should not be interpreted as professional medical advice. Mindscape Health does not assume liability for any decisions made based on Nuru's recommendations.

Limitation of Liability: To the fullest extent permitted by law, Mindscape Health's liability is limited to the amount you have paid for the services rendered via the Platform in the past 12 months. In no event will Mindscape Health be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Platform. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under mandatory consumer protection law in your jurisdiction.

8. Data Collection and Privacy

By using the Platform, you consent to the collection, use, and sharing of your personal data as outlined in our Privacy Policy. Key points include:

• Data You Provide: Mindscape Health collects personal information such as your name, email address, mental health preferences, and responses to therapy-related questions.
• Sensitive Data: We collect sensitive health-related data for the purposes of therapy matching and wellbeing insights. All such data is handled with strict confidentiality and in accordance with applicable privacy laws in all jurisdictions where we operate.
• AI Matching: The AI-powered matching algorithm uses the data provided by users to recommend the most suitable therapists. Users are informed that this process is based on their input and is not a guarantee of specific outcomes.
• AI Assistant (Nuru): Conversations with Nuru may be processed by third-party AI service providers such as Anthropic or OpenAI. By using Nuru, you consent to your conversation data being processed by these providers in accordance with their respective privacy policies. See our Privacy Policy for further details.
• Anonymized Corporate Insights: For corporate clients, employee wellbeing data is anonymized before being shared to ensure privacy.

9. Termination and Suspension

Account Suspension: Mindscape Health reserves the right to suspend or terminate your access to the Platform, without notice, if you breach these Terms or engage in conduct that threatens the security, integrity, or functionality of the Platform.

Termination by User: You may terminate your account at any time by notifying Mindscape Health. Upon termination, your personal data will be handled in accordance with our Privacy Policy and applicable law in your jurisdiction.

10. Dispute Resolution

Mindscape Health encourages users to contact us directly to resolve any issues, disputes, or concerns amicably. We will make reasonable efforts to resolve disputes in a fair and transparent manner. If informal resolution is unsuccessful, the following applies:

10.1 Kenya

For users based in Kenya, any dispute arising under these Terms shall be resolved through binding arbitration in Kenya under the Arbitration Act, 1995. The arbitration will be conducted in English, and the decision of the arbitrator will be final and binding. While we encourage arbitration as the primary method of resolving disputes, Kenyan courts shall be the last resort for any legal action.

10.2 United States

For users based in the United States, any dispute arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration will be conducted in English. Nothing in this section prevents you from bringing claims in small claims court if your claims qualify.

10.3 General

For users in other jurisdictions, disputes shall be subject to the applicable dispute resolution mechanisms and courts of competent jurisdiction in the user's country of residence, unless otherwise agreed by the parties.

11. Modification of Terms

Mindscape Health reserves the right to modify, update, or amend these Terms at any time. Changes will be posted on this page with an updated date. For material changes, we will provide more prominent notice. By continuing to use the Platform after such changes are posted, you agree to be bound by the updated Terms.

12. Multi-Jurisdiction Compliance

Mindscape Health operates across multiple jurisdictions, including Kenya, the United States, and countries in East and Southern Africa. We are committed to complying with all applicable laws and regulations in each jurisdiction where we operate.

Where any provision of these Terms conflicts with mandatory local law in your jurisdiction, the mandatory local law shall prevail to the extent of the conflict. Nothing in these Terms is intended to limit any rights you may have under mandatory consumer protection, data protection, or health privacy laws in your jurisdiction.

Therapists on the Platform are responsible for ensuring their own compliance with the licensing requirements, ethical standards, and regulations applicable in the jurisdictions where they practice.

13. Corporate Client and EAP Terms

The following additional terms apply to organizations ("Corporate Clients") that use Mindscape Health to provide mental health services to their employees through corporate wellbeing programs or Employee Assistance Programs (EAP):

13.1 Company-Therapist Relationships

Corporate Clients may invite therapists to join their company network on the Platform. Therapists who accept these invitations will be linked to the company and may be shown preferentially (or exclusively, depending on company settings) to that company's employees. Therapists remain independent practitioners and are not employees of the Corporate Client or Mindscape Health.

13.2 Session Billing

When an employee of a Corporate Client books a session with a company-linked therapist, the session may be billed to the Corporate Client at the agreed session rate. The Corporate Client is responsible for payment of all sessions booked under its account in accordance with its agreement with Mindscape Health.

13.3 Data Boundaries

Corporate Clients will only receive anonymized, aggregated data about employee wellbeing. Individual session content, therapy notes, and identifiable health information will never be shared with Corporate Clients. Session billing data shared with Corporate Clients contains no personal health information. For full details on data handling, see our Privacy Policy.

13.4 Therapist Onboarding by Organizations

Corporate Clients may invite therapists to the Platform by email. Invited therapists who do not already have an account will be directed to complete the therapist onboarding process, including verification of credentials and licensing. Existing therapists who accept a company invitation will be linked to the company without affecting their existing profile or other client relationships.

13.5 Partner Company Visibility

Corporate Clients designated as partner companies may have their therapists displayed with a partner badge on the Platform. Therapist visibility settings (whether employees see only company therapists, company therapists first, or all therapists) are configured by the Corporate Client in coordination with Mindscape Health.

14. Contact Information

For any questions or concerns regarding these Terms, or if you require assistance, you can contact us at:

• Email: hello@mindscapehealth.org
• Website: mindscapehealth.org

Conclusion

By using the Mindscape Health platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms, you should discontinue your use of the Platform.