Terms & Conditions

Last updated: November 25th, 2024

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://theralist.ca website (the "Service") operated by Axologic Software Inc. ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service, including therapists who create profiles on the platform.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

1. Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

1.1 Authentication

We use Kinde for user authentication. By creating an account, you agree to comply with Kinde's terms of service (available at https://docs.kinde.com/trust-center/agreements/terms-of-service/) and privacy policy in addition to our Terms and Conditions. We are not responsible for any issues arising from the use of Kinde's authentication services.

2. Therapist Profiles

2.1 Profile Creation

Therapists are permitted to create their own profiles on the Service. By creating a profile, you represent and warrant that all information provided is truthful, accurate, and up-to-date.

2.2 Profile Accuracy

We reserve the right to verify the information provided in therapist profiles. If we determine, in our sole discretion, that any information in a profile is false, misleading, or inaccurate, we may take one or more of the following actions:

2.3 Profile Removal

We reserve the right to remove any therapist profile from the Service at any time, for any reason, without prior notice. This includes, but is not limited to, violations of these Terms, complaints from clients, or any other reason we deem necessary to protect the integrity of our Service.

2.4 No Refunds for Profile Removal

In the event that your profile is removed from the Service due to violations of these Terms, including but not limited to providing false or inaccurate information, you will not be entitled to any refund of fees paid.

3. Subscriptions

3.1 Billing

We offer subscription-based services for therapists. By subscribing to our Service, you agree to pay all fees associated with your chosen subscription plan.

3.2 Subscription Responsibility

While we may send billing reminders or subscription notifications, we are not obligated to do so. It is solely your responsibility to manage your subscription, including canceling it when desired. This includes, but is not limited to:

You acknowledge that failure to cancel your subscription, including at the end of any free trial or promotional period, will result in automatic billing at the then-current subscription rate. We are not responsible for refunding charges that result from your failure to cancel your subscription.

3.3 Cancellation

You may cancel your subscription at any time. Your cancellation will take effect at the end of your current billing cycle. You will not receive a refund for the current billing cycle.

3.4 No Refunds

We do not provide refunds for any unused portion of a subscription period. By agreeing to these Terms, you acknowledge and agree that all sales are final and no refunds will be issued.

4. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Axologic Software Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both Canada and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Axologic Software Inc.

5. Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Axologic Software Inc.

Axologic Software Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Axologic Software Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

6. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

7. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

8. No Mental Health Advice or Services

8.1 Information Purpose Only

The content and services provided on the Service are for informational purposes only. Nothing contained on the Service is intended to create a therapist-client relationship, to replace the services of a licensed, trained mental health professional, or to be a substitute for professional mental health advice.

8.2 Not a Substitute for Professional Help

You should not rely on anything contained on the Service to make (or refrain from making) any decisions about your mental health or care. Always consult with a qualified mental health professional for questions about your mental health and before making any mental health-related decisions.

8.3 Emergency Services

If you are experiencing a mental health emergency, please call emergency services (911 in North America) immediately or go to the nearest emergency room. Do not rely on electronic communications for assistance regarding your immediate, urgent mental health needs.

8.4 No Endorsement

Axologic Software Inc. does not recommend or endorse any specific therapists, tests, mental health professionals, products, procedures, opinions, or other information that may be mentioned on the Service. Reliance on any information provided by Axologic Software Inc., its employees, or others appearing on the Service at the invitation of Axologic Software Inc. is solely at your own risk.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Axologic Software Inc., its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this Service.

To the maximum extent permitted by applicable law, Axologic Software Inc. assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; and/or (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service.

10. Indemnity

You agree to defend, indemnify and hold harmless Axologic Software Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

11. Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of Alberta, Canada, without regard to its conflict of law provisions.

Our 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.

13. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

14. Contact Us

If you have any questions about these Terms, please contact us at [email protected].

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