Terms of Use for Members

‍Please read these Terms of Use for Members carefully ("Terms" or “Agreement”).

These Terms govern and apply to your access and use of the communication web platform (“Platform”) offered by Smart Digital Labs Ltd., a Company incorporated in England, doing business as (“DBA”) “Soultrainer”.

English language clause

This Agreement is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall be for accommodation only and shall not be binding upon the parties.

Service

Soultrainer services available through the Platform’s web page soultrainer.eu, and Soultrainer mobile apps (“App”) are all hereinafter collectively referred to as “Service(s)", and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service(s) are collectively referred to as "Content".

Soultrainer offers the following paid services:

Asynchronous Text-based one-to-one conversations (or “Unlimited Messages”) with a Counsellor;

Synchronous text-based one-to-one conversations (or “Live Chats”) with a Counsellor.

Members that access paid services offered through the Soultrainer Platform are also defined as “Client/s”

Counsellor matched with a Member who requested the Asynchronous Text-based one-to-one conversation, has to reply to the messages of his/her Client with one or two supportive messages per day, Monday through Friday.

Counsellor and Client are responsible for ensuring that their device timezone is correct upon booking.

Counsellor and Member communicate in a private chat room (“Private Room”).

Online Counselling offered to Clients through the Soultrainer Platform has the aim to facilitate self- knowledge, emotional acceptance and growth and the optimal development of the personal resources of the Client. The overall aim of counselling is to provide an opportunity to work towards living more satisfyingly and resourcefully. Counselling relationships may be concerned with developmental issues, addressing and resolving specific problems, making decisions, coping with crisis, developing personal insights and knowledge, working through feelings of inner conflict or improving relationships with others. The Counsellor’s role is to facilitate the Clients work in ways that respect the client’s values, personal resources and capacity for self-determination.

Service Content

The Content should not be considered medical advice. You should always talk to a medical doctor for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you.

DO NOT USE THIS SERVICE/S FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL THE LOCAL ACCIDENT AND EMERGENCIES NUMBER.

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 EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES.

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.

You hereby certify that you are: Over the age of eighteen (18) or have the legal ability to consent to Psychological Counselling, Physically located or are a resident of the Country you have chosen as your current residency when creating your Account.

Individual user Account

To access the Services, you must first enroll to establish an individual user account (“Account”), by providing certain information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself. By establishing an individual user account, you become a Member of the Soultrainer Platform. If you do not establish an individual user account you are considered a Visitor of the webpage soultrainer.eu.

If you provide any information that is untrue, inaccurate, not current or incomplete, or Soultrainer has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, Soultrainer reserves the right to refuse any future request(s) to use the Soultrainer Services.

You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (if any) and any other security information related to your Account. Soultrainer will not be liable for any loss that you incur as a result of someone else using your Account, either with or without your knowledge.

Acceptable use of the Service

You agree not to access or use the Service 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: A message or information under a false name; Information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; 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 the use of viruses, trojan horses, worms, time bombs, 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 or other means to access the Service for any purpose. You are solely responsible for the information or material you post on the Service.

The following terms apply to any App accessed through or downloaded from any source (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"). You acknowledge and agree that: These Terms are between you and Soultrainer, and not with the App Provider; Soultrainer (not the App Provider), is solely responsible for the App; The App Provider has no obligation to furnish any maintenance and support services with respect to the App claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

If you download the App, such as a stand-alone software product or a browser plugin, 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. The Service may change from time to time and/or Soultrainer may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you.

Payment of Services

Any payment you make for the use of the Services is used to compensate Soultrainer for its software development, overhead, administrative services and other corporate costs and fees, including transaction fees for credit card usage.

‍Part of your payment for the use of the Services, accounted for separately, is remitted to the Counsellor for the professional counselling services provided to you. Regardless of any payments made, Soultrainer does not hold itself out as the direct provider of any counselling services. 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 Soultrainer from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged to the credit card you provided during the initial setup of your Account related to the access to paid Services. You agree to maintain valid credit card information in your Account. By providing Soultrainer with credit card information you authorize Soultrainer to bill and charge your credit card.

Quality of the Service

Soultrainer assumes no responsibility for the quality of the counselling services a Counsellor provides, nor any act, omission or wrongdoing of any Counsellor. Soultrainer makes no representation or warranty whatsoever as to whether you will find the Counsellor’s services relevant, useful, correct, satisfactory or suitable to your needs.

Soultrainer cannot legally guarantee the verification of degrees, qualifications, certification, state licensing, certification bodies, credentials, competence, or background of any Counsellor.

Soultrainer is not involved in the Counsellor-client relationship and does not validate or control the Counsellor’s provision of counseling.

You are advised to exercise a high level of care and caution in the use of Soultrainer. You agree, confirm and acknowledge that you are aware of the fact that in some cases, the care offered through the Service is not a substitute for a face-to-face session by a licensed clinical psychologist and/or a Medical Doctor. You should never rely on or make health decisions purely on the use of the Service. Never disregard, avoid, or delay obtaining medical advice from your Medical Doctor or other qualified healthcare professional by traditional face-to-face appointment or other means because of information or advice you received through the Service.

Intellectual Property

All of the content available on or through the Service is the property of Soultrainer or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, 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 Soultrainer or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.

Subject to the terms of this Agreement, Soultrainer 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; 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.

Limitations of Liability

IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL SOULTRAINER, ANY SOULTRAINER 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.

UNDER NO CIRCUMSTANCES SHALL SOULTRAINER, ITS LICENSORS OR SUPPLIERS OF NON-MEDICAL SERVICES OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF SOULTRAINER OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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.

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 Soultrainer, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship to Soultrainer.

Soultrainer does not endorse the content on any third-party websites.

Soultrainer 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.

Soultrainer 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.

GDPR

Soultrainer respects the formal promulgation of the existing European Union (EU) data privacy regulations commonly called “GDPR.”

GDPR includes the following: 1. Disclosure when you sell, transfer or third party marketing of User’s data; 2. Access to collected data - At Soultrainer, you already have the ability to access your shared data and use it as you wish; 3. Consent - At Soultrainer our Terms of Use are clear on what consent we seek with regards to your data; 4. Security - At Soultrainer we have encrypted our data as required by the GDPR;  5. Notice/Audit - At Soultrainer, we would provide our Clients notice of any data breach.‍

Finally, dependent on your EU country or origin, the GDPR takes into  account that the right “to forget” or request deletion of your data may conflict with records retention laws.

Termination

Soultrainer may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. Soultrainer has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Soultrainer reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.

Privacy

You affirmatively consent to the fact that Soultrainer's Administrative Staff will, as needed, review your particular "Session Transcripts" or "Private Rooms" form for the following purposes:

During your on-boarding and during the Counsellor matching process to ascertain you are able to successfully engage with the Counsellor;

To review your complaint about a particular issue/instance that your report about a Counsellor;

To review your complaint about a particular issue/instance that your report about a Group Chat;

For your safety concerns or complaints of unethical Counsellor practices;

To transition you to a new Counsellor or if your account is non responsive or inactive for an extended period of time; or

To address the raised quality assurance concern(s).

You consent to Soultrainer using "Meta Data" and other search terms to scan de-identified transcripts to search for trends and patterns that may affect the quality of the Services provided to you or the practices of the Counsellors and Volunteers.

All de-identified data, meta-data and research data collected by Soultrainer through your use of the Services remains the sole property of Soultrainer. Soultrainer may share some or all of this research data with third parties in connection with joint or outside research, analytics, or similar purposes. Research data is used in non identifiable aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. You shall not request that Soultrainer remove or delete any of such data.

You agree that the email you provide during the registration process can be used by Soultrainer to send you marketing offers from Soultrainer.

You agree that Soultrainer may collect and use all data provided to or created by the Service. You acknowledge that Soultrainer must store all personal data and Sessions Transcripts of any Private Room as required by law, typically for no less than 10 years, and may not delete such records data, even upon your direct request.

You consent to having your personal data stored and processed in the European Union. If you are located in a country embargoed by the United Kingdom, you will not engage in commercial activities on Soultrainer.eu (such as advertising or payments)

IP addresses are used to identify the location of users, the number of visits from different countries and also to block disruptive use; and to analyze and improve the services offered on our website, e.g. to provide you with the most user-friendly navigation experience.

Soultrainer.eu uses industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site. If you feel that this site is not following its stated information policy, you may contact us.

For content that is covered by intellectual property rights, like photos and videos you specifically grant Soultrainer.eu a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Soultrainer.eu (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

Protecting the Privacy of your fellow Soultrainer Users

During your use of Soultrainer.eu services, you will not send or otherwise post unauthorized commercial communications (such as spam) on Soultrainer.eu.

You will not collect users' content or information, or otherwise access Soultrainer.eu, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission:

You will not solicit login information or access an account belonging to someone else.

You will not bully, intimidate, or harass any other User.

You will not post content that is hateful, threatening, or pornographic; incites violence or contains nudity or graphic or gratuitous violence.

You will not provide any false personal information on Soultrainer.eu, or create an account for anyone other than yourself without permission. You will not create more than one personal Account.

Copyrights: Soultrainer and Protecting Other People's Intellectual Property Rights

We respect other people's rights, and expect you to do the same. You will not post content or take any action on Soultrainer.eu that infringes or violates someone else's rights or otherwise violates the law. We can remove any content or information you post on Soultrainer.eu if we believe that it violates these Terms of Use. You will not use our copyrights or any confusingly similar marks, without our written permission. You will not post anyone's identification documents or sensitive financial information on Soultrainer.eu.

Portable Electronic Devices

The Soultrainer Platform is available on a multitude of portable electronic devices. We provide our connection to mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, may still apply. You provide all rights necessary to enable Soultrainer Users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Soultrainer.eu, as well as your name and profile picture.

Your Use of Your Personal Data

If a Soultrainer.eu user utilizes the Platform to publish or otherwise share their own Personal Data or Contact Information with third parties, he or she assumes full responsibility for any further use of that Data or information.

Cookie policy on Soultrainer.eu

A cookie is a small amount of data, which often includes a unique identifier that is sent to your computer, tablet, phablet, cell phone or other electronic device (referred to here as a "device") browser from a website's computer and is stored on your device's hard drive. Each website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Many sites do this whenever a user visits their website in order to track traffic flows.

Cookies record information about your preferences and allow us to tailor Soultrainer to your interests.

Information supplied by cookies can help us to analyze the profile of our visitors so we can provide you with a better user experience. Our website will use cookies that expire when you close your browser (i.e., session cookies) or that expire after a set period of time (i.e., so-called “persistent cookies”). You decide whether cookies are stored on your computer or device and can choose to delete them. By accepting cookies that are stored on your computer when you visit Soultrainer site, we infer that you have accepted the use of cookies as explained in the Cookie Policy on the website www.soultrainer.eu.

Applicable law and jurisdiction

These Terms are governed by the laws of United Kingdom, without regard to any conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the London Courts. Soultrainer’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 Soultrainer may be delivered by electronic mail to the address provided during the creation of your Account.

These Terms constitute the entire agreement between Soultrainer and yourself regarding the Service, and supersede and replace any prior agreements you and Soultrainer might have regarding the Service.

Soultrainer may revise these Terms from time to time without notice to you. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

I declare that I have understood and agreed on any provision contained in this Agreement.

This Terms of Use was last updated on 21-04-2020 and is deemed effective as of this date.