Terms and Conditions

These Terms of Use were last updated on July 1, 2024 and are deemed effective as amended as of this date.

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW ANY DISPUTES BETWEEN YOU AND ELTYAM WOULD BE RESOLVED.

DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 (IN THE US) or 999 (IN THE UK), OR OTHER NATIONAL EMERGENCY PHONE NUMBER DEPENDING ON YOUR LOCATION.

If you are thinking about suicide or if you are considering taking actions that may cause harm to you or to others or if you feel that you or any other person may be in any danger or if you have any medical emergency, you must immediately call the relevant emergency service number, notify the relevant authorities, and seek immediate in person assistance. The ELTYAM website displays the suicide hotline in several prominent locations and has an index of national, regional, and state resources for mental health emergencies which we implore all users of this site to use when faced with an immediate or emergent crisis.

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Please read these Terms of Use carefully (“Terms”). These Terms govern and apply to your access and use of the communication platform offered by ELTYAM (“we”, “our”, “us”, “ELTYAM”) in connection with the online therapy services we provide via the ELTYAM website at www.eltyam.com (“Website”) and ELTYAM mobile app (“App”) (all hereinafter collectively, “ELTYAM” and the “Service(s)”) and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as “Content”). By accessing or using the Service, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you are not authorized to use the Service. The terms “you”, “your,” and “yourself” refer to the individual user of the Service.

These Terms are between you and ELTYAM, and not with the App Provider (such as the Apple App Store, Google Play Store, or other similar platforms) where the App is made available (each such distribution platform an “App Provider”). The App Provider has no obligation to furnish any maintenance and support services with respect to the App. Any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App will be the sole responsibility of ELTYAM.

Emergency Contact Information

You agree to provide “Emergency Contact Information” (name and telephone number) for your personal contact and/or a close family member/relation to your Provider (defined below) to be used in case of a mental health crisis or other emergency where knowledge of your location is crucial and you agree to obtain their consent before providing their Contact Information to your Therapist.

You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of the information you provide regarding your age, residence, and Emergency Contact Information and that the Providers you access (“Provider(s)”) are relying upon this certification in order to interact with you and provide the Services.

By subscribing to our Services you agree to these Terms and acknowledge the terms of the Notice of Privacy Practices (for US members only) and you acknowledge that we handle the information you provide us in accordance with our Privacy Policy.

Account Eligibility and Enrollment

To access the Services, you must first enroll to establish an individual user account (“Account”), by providing certain information as set out in the Privacy Policy. You agree that you will not create more than one Account or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service and, if applicable, in order for Providers to send messages to you, you agree to:

provide true, accurate, current, and complete information about yourself as prompted by our Account enrollment form (understanding that during therapy sessions you may use a nickname); and
to maintain, and promptly update such Account information, each time you log on, as far as possible to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or ELTYAM has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current, or incomplete, ELTYAM reserves the right to transition your treatment to another Provider outside of ELTYAM or take other steps as appropriate.
certify that you are (i) over the age of eighteen (18) (for UK/ EU users), or have the legal ability to consent to the Services or have your Parent/Guardian consent to the Services (for US users), and (ii) physically located or are a resident of the State or Country you have chosen as your current residency when creating your Account.
remain responsible for maintaining the confidentiality of your Account password and username (if any), and any other security information related to your Account at all times. ELTYAM will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.

Acceptable Use

You agree not to access or use the Services in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit any of the following:

a message or information under a false name;
information that is unlawful, libelous, defamatory, abusive, vulgar, obscene, racist, fraudulent, predatory of minors, harassing, threatening or hateful to any person;
unsolicited email and/or advertisement or promotion of goods and services;
any content that may cause damage to a third party;
any content which may constitute, cause, or encourage a criminal action or violate any applicable law; and
information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others.

You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, keystroke logger, spyware, adware, denial of service attacks, flooding, or spamming. You shall not use the Service in any manner that could damage, disable, or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper, malicious code, or other means to access the Service for any purpose. Neither ELTYAM nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.

If you download the App, you agree that from time to time, the software may require that you download upgrades, updates, and additional features we publish in order to improve, enhance, and further develop the software, Service, or App.

Payment

You agree to pay all fees and charges associated with your Account on a timely basis in accordance with the fee schedule, and the terms and rates published by ELTYAM from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged to the payment method you provided during the initial setup of your Account. You agree to maintain valid payment information, in your Account. By providing ELTYAM with payment information, you authorize ELTYAM to bill and charge your credit card or other payment method.

If you access the Services through an EAP or an employer sponsored benefit plan or other insurance backed plan, your payment will be arranged by a third party “Payor” which is a third party that administers or insures the benefit program you are a member of through your employer. Your co-payments, coinsurance, or deductible may be charged automatically at the beginning of the session period or after the claim is processed by your insurer.

Providers

You are always advised to exercise a high level of care and caution when making any mental health or medical decision. You should never disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare provider, or using or combining ELTYAM with traditional face-to-face appointments, solely because of information you saw on the Website or App or advice you received through the Provider. ELTYAM supports a holistic approach to mental health and the choices you have, to create the best therapeutic journey that matches your individual needs. If you feel that the Provider does not meet your expectations, you may change to a different Provider at any time.

Other than the guidance and advice you receive directly to you from your Provider, the graphics, educational and research sources and other incidental information on the Website or the Content, should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. ELTYAM does not endorse any specific tests, medications, products, or procedures.

ELTYAM reserves the right to limit the scope of clinical practice provided.

Intellectual Property

All Content available on or through the Service is the property of ELTYAM or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, modify, retransmit, distribute, disseminate, sell, exploit, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of ELTYAM or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.

“ELTYAM,” “Unlimited Messaging Therapy” and “Live Video Sessions” are copyrighted terms. All rights reserved. Subject to the Terms of this Agreement, ELTYAM hereby grants you a limited, revocable, non-transferable, and non-exclusive license to use the software, network facilities, content, and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service.

The license granted herein does not permit you to, and you agree not to:

modify, translate, reverse engineer, disassemble, decompile, or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile, or create derivative works of the Service; or
transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.

Disclaimers

ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE.” SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.

WITHOUT LIMITING THE FOREGOING, ELTYAM DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. ELTYAM DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING THE RELIABILITY, COMPLETENESS, SECURITY, QUALITY, ACCURACY, AVAILABILITY, OR APPLICABILITY TO YOU OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.BY USING THE SERVICES, YOU EXPRESSLY AGREE THAT OTHER THAN THE GUIDANCE AND ADVICE YOU RECEIVE DIRECTLY FROM YOUR PROVIDER, THE SERVICES DO NOT PROVIDE HEALTH OR MEDICAL ADVICE TO YOU. YOU AGREE THAT YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ANY OTHER SECURITY INFORMATION RELATED TO YOUR USE OF ELTYAM. YOU AGREE TO NOTIFY ELTYAM IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR USERNAME OR PASSWORD.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. ELTYAM CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.

Limitations of Liability; Indemnification

EXCEPT WHERE PROHIBITED, ELTYAM WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF ELTYAM HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, APP OR SERVICES OR OTHERWISE ARISING OUT OF, OR IN RELATION TO, THESE TERMS, YOU AGREE THAT ELTYAM’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER CONTRACTUAL, TORTUOUS OR OTHERWISE) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT OF PAYMENT MADE BY YOU TO ELTYAM IN THE PAST 12 MONTHS OR $100, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

UNDER NO CIRCUMSTANCES SHALL ELTYAM, ANY ELTYAM LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ELTYAM, its parent and affiliate companies, and their respective officers, directors, employees, agents, representatives, insurers, and assigns from any and all claims arising out of your breach of these Terms and any of your activities related to or in connection with the Services.

Hyperlinks

Any link (including a hyperlink, button, or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation, or certification by ELTYAM, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship to ELTYAM. ELTYAM does not endorse the content on any third-party websites. ELTYAM is not responsible for the content of linked third-party websites or third-party advertisements and does not make any representations regarding its content or accuracy. ELTYAM does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights, or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

California Residents

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

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Termination

ELTYAM has the right (but not the obligation) to refuse to provide access to the Service to any person, agency, or organization for any illegal or improper use of the service, nonpayment or other material misuse of the services. ELTYAM reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.

Support Terms

ELTYAM provides multiple support options to assist you in navigating the ELTYAM platform and the services we provide (“Support”). Any requests for Support may be submitted to ELTYAM via an online webform available on our website. If additional Support is required, you will have the option to follow-up with ELTYAM by telephone or online support chat. In connection with your request for Support you must reasonably cooperate with ELTYAM to facilitate any troubleshooting required.

You should limit personal information shared within these systems to a minimum. Please be advised that any information shared in requests for Support may be accessed by individuals providing support services, including those through a third-party support ticketing system. Therefore, you should not include credit card information or other sensitive information in your email or online correspondence with ELTYAM. Please be further advised that any requests for Support should not include requests for medical advice. Under no circumstances should the comments received in a support response be considered medical care. If you are in a life threatening situation – don’t use this site. Call 988 or use these resources to get immediate help.

Please be advised that by registering for, accessing and/or using Support, you accept and agree to be bound by ELTYAM’S terms of use and agree that ELTYAM will store information relating to any Support request messages using a third-party support ticketing system. Be further advised that when you submit a request for Support, ELTYAM may access your User Account.

Vouchers / Coupons / Promotions & Trial Subscriptions

To redeem your coupon or voucher code, you must provide ELTYAM with the requested coupon or voucher information. Promotional offers may not be combined with other promotional offers associated with any account that you own, unless otherwise expressly permitted in the applicable terms associated with each promotional offer (“Promotional Terms”). ELTYAM reserves the right, in its sole and absolute discretion, to determine your eligibility for any promotional offer pursuant to the applicable Promotional Terms. ELTYAM reserves the right to change, amend and alter then-current promotional offers or Promotional Terms as well as institute new promotional offers, from time to time and at any time, in its sole and absolute discretion. ELTYAM does not guarantee that any promotional offers are or will be available to you at all, or in connection with any services desired by you.

From time to time, ELTYAM may offer a Trial Subscription (“Trial Subscription”) to receive introductory services. You may only receive one Trial Subscription. Without limitation, any attempt by You to receive more than one Trial Subscription, such as by creating alternate accounts, will be considered a material breach of these Terms.

Refunds

Except as prohibited under applicable law, ELTYAM may at its sole discretion provide a full, partial, or pro-rated refund for services rendered.

Governing Law & Disputes

US Users:

You agree that any dispute or claim arising out of your use of the Services, including any dispute or claim as to the application, enforceability, scope, or interpretation of these Terms or this agreement to arbitrate, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms.

Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. Arbitration will take place by phone or video conference, unless an in-person hearing is requested by either party. In that case, the hearing will take place in the state where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.

Disputes may also be referred to another arbitration organization if you and ELTYAM agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.

YOU AND ELTYAM EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, GROUP, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND ELTYAM EACH WAIVE ANY RIGHT TO A JURY TRIAL. YOU AND ELTYAM ALSO BOTH AGREE THAT NOTWITHSTANDING OUR AGREEMENT TO ONLY ARBITRATE DISPUTES AS STATED ABOVE, YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in New York City, New York, and you and we hereby submit to the personal jurisdiction and venue of these courts. You and ELTYAM agree that if for any reason a dispute proceeds in court rather than arbitration: (1) you and ELTYAM waive any right to a jury trial; (2) the dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor ELTYAM may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.

This agreement to arbitrate will not preclude you or ELTYAM from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or ELTYAM from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of ELTYAM’S intellectual property rights.
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Thirty-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: legal@eltyam.com. The notice must be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate disputes according to these Terms. If you opt out of these arbitration provisions, ELTYAM also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, ELTYAM may terminate your use of the Services.

These Terms are governed by the laws of the State of Delaware, without regard to any conflict of laws, rules or principles.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ELTYAM MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ELTYAM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
Non-US Users

The Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or their subject matter or formation or the use of the Services shall be governed by and construed in accordance with the laws of England and Wales, subject only to mandatory provisions of consumer law in the country in which you reside.

You agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Services, the Terms or their subject matter or formation. Alternatively, if you are located in the EU you may raise the dispute with an alternative dispute resolution body via the EU Commission’s Online Dispute Resolution Body.

Non-US Users:

General

ELTYAM’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by ELTYAM may be delivered by electronic mail to the address provided during the creation of your Account. These Terms constitute the entire agreement between ELTYAM and yourself regarding the Service and supersede and replace any prior agreements you and ELTYAM might have regarding the Service. ELTYAM may revise these Terms from time to time without notice to you, except for material changes. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read the Terms periodically.