Terms and Conditions

The MindLotus website and platform are operated by MindLotus B.V., a private limited company registered in the Netherlands under Chamber of Commerce number 42026262, with its registered office at Meerzand 36, 5658 LJ Eindhoven, the Netherlands. In these terms, "MindLotus", "we", "us" and "our" mean that company. "You" means whoever is using the service.

These terms are structured in five parts. Part A and Part E apply to everyone. Part B applies if you receive therapy. Part C applies if you are a psychologist delivering therapy. Part D applies if you are an organisation funding therapy for your people. Where a part that applies to you conflicts with Part A or Part E, the more specific part wins.

Our Privacy Policy forms part of this agreement and explains what we do with personal data.

MindLotus is an online practice that arranges and supports psychological care. We verify and contract with qualified psychologists, we match you with one, and we provide the software through which care is delivered: booking, secure video sessions, messaging, a client file, therapy plans, wellbeing tracking and payment.

Psychological care itself is delivered by the psychologist you choose. They are an independent, qualified professional who exercises their own clinical judgement and carries their own professional responsibility and insurance. We do not direct clinical decisions, and we do not practise psychology.

What MindLotus is not

• It is not an emergency, crisis or out-of-hours service, and it does not provide continuous monitoring of any kind.
• It is not a substitute for care from your GP, from a hospital, or from a crisis service.
• It does not provide medical treatment, prescriptions or medication reviews. Psychologists on the platform do not prescribe.
• It does not provide diagnosis for legal, insurance, immigration, custody, employment or forensic purposes, and reports for those purposes are outside the scope of the service.
• It does not guarantee any particular clinical outcome. Therapy is a process, and its results depend on many things neither we nor your psychologist control.

You accept these terms when you create an account, when you book or attend a session, or when you otherwise use the platform. If you do not accept them, do not use the service.

If you accept these terms on behalf of an organisation, you confirm that you have authority to bind it, and "you" means that organisation.

These terms govern your relationship with us. They do not replace the treatment agreement between you and your psychologist, which arises separately and is governed by Dutch healthcare law — in particular the Wet op de geneeskundige behandelingsovereenkomst (WGBO).

1. You must be at least 18 years old and legally able to enter into a contract.
2. You must give accurate registration information and keep it up to date. Clinical safety depends on it: we need to be able to reach you, and your psychologist needs to know where you are.
3. You must tell us and your psychologist if you move to another country, or if you will be in another country during a session. Professional registration and regulation are national, and your psychologist may not be permitted to treat you there.
4. One person, one account. Do not share your account or your login, and do not let anyone else use it.
5. Keep your password confidential and tell us immediately at security@mindlotus.nl if you think your account has been accessed by someone else.
6. You are responsible for activity under your account, unless it results from our failure to keep the service secure.

Online therapy suits many people and many problems. It does not suit all of them, and pretending otherwise would be unsafe.

MindLotus is generally not appropriate where any of the following applies. This list is not exhaustive, and your psychologist may identify other reasons:

• You are experiencing an acute crisis, or you are at immediate risk of harming yourself or someone else.
• You have current suicidal intent or a plan, rather than thoughts without intent.
• You are experiencing psychosis, mania, or severe dissociation.
• You have a severe eating disorder requiring medical monitoring, or a substance dependence requiring medically supervised withdrawal.
• You need care that must be delivered in person, or care that requires medication management, hospital admission or a multidisciplinary team.
• Your care has been ordered by a court, or is required as a condition of employment or of a legal process.
• You are under 18.

You must answer our intake questions honestly, including the question about thoughts of self-harm. We and your psychologist rely on those answers to decide whether we can help you safely.

We and your psychologist may decline to begin, or may end, treatment through the platform where it is not clinically appropriate. If that happens we will tell you, explain why, refer you to a more suitable form of care, and refund any unused session credits. Declining to treat someone we cannot treat safely is a duty, not a discretion.

You agree not to:

• Use MindLotus for anything unlawful, or to harass, threaten, defame, discriminate against or abuse anyone — including your psychologist, our staff and other users.
• Record, screenshot, transcribe, photograph or otherwise capture a session, or any part of a message exchange, without the express prior consent of everyone involved. See B8 and C3.
• Publish, share or distribute anything from a session or from your record that identifies another person, including your psychologist, without their consent.
• Impersonate anyone, or misrepresent your identity, age, location or affiliation.
• Upload malware, attempt to gain unauthorised access to any part of the service or to another user's data, probe or scan our infrastructure, or interfere with its operation. Good-faith security research reported to security@mindlotus.nl is welcome and is not a breach of this clause.
• Scrape, crawl or bulk-extract content or profiles, or use the service to train a machine-learning model.
• Resell, sublicense or commercially exploit access to the platform.
• Circumvent any limit, threshold, paywall or access control, including the privacy thresholds that protect employees from their employers.

We may investigate suspected breaches and may suspend or close accounts under section E7. Where a breach involves a risk to someone's safety, we may act immediately and without notice.

When you book a session, a treatment agreement (behandelingsovereenkomst) comes into being between you and the psychologist you booked, and Dutch healthcare law applies to it. Your psychologist decides what care is appropriate, keeps your record, and is bound by professional secrecy and by the rules of their professional body.

Your agreement with us is for the platform, the matching, the payment handling and the support around that care. We are responsible for those things. We are not responsible for the clinical judgement of an independent professional, and section E4 sets out the limits of our liability precisely.

Every psychologist on MindLotus is verified by us before they see a client. We check their diploma, their professional registration, their identity, and — where we require one — a certificate of conduct. We re-check registration periodically. Verification is a genuine control, but it is not a warranty of the outcome of any individual course of therapy.

We suggest psychologists who appear to fit your goals, language, background and availability. The choice is yours, and you can browse the whole network rather than only our suggestions.

You work with one psychologist at a time. That is deliberate: continuity is part of the treatment, and a shared record between multiple simultaneous therapists is not.

If the fit is not right, you can change. Tell us or your psychologist, and we will release the assignment and help you find someone else. You do not need to give a reason. Your existing record stays with the psychologist who created it; information is passed to a new psychologist only with your agreement, and it is generally in your interest to agree so that you do not have to start from the beginning.

A psychologist may also end the relationship — for example if they are no longer the right person to help you, if the therapeutic relationship has broken down, or if they are leaving the platform. Under Dutch law a care provider may only end a treatment agreement for compelling reasons (gewichtige redenen), and must arrange proper handover. We will help you find a replacement, and any credits for sessions you have not had remain yours.

1. You book a session from your psychologist's published availability. A booking is confirmed when it appears in your schedule and you receive a confirmation email.
2. A standard session runs for the duration shown when you book it. Sessions start and end at the scheduled time; arriving late does not extend the end time, because your psychologist has other people booked after you.
3. Sessions are delivered by video through the platform. You need a device with a working camera and microphone, a private space, and a stable internet connection. Meeting those conditions is your responsibility.
4. Be somewhere private and safe. Do not join a session while driving or operating machinery.
5. You may be able to book a series of recurring sessions. Each session in a series is treated individually for cancellation and no-show purposes.
6. Your psychologist may propose or reschedule sessions. Nothing is booked without your acceptance.

If you pay for yourself

• A session costs €100. Sessions are bought as credits, in bundles of at least 5 and at most 50 per purchase.
• One credit pays for one session. Credits are consumed when a session is booked and are returned if the session is cancelled in time — see B7.
• Prices include VAT where VAT applies. Psychological care by a qualified professional is exempt from Dutch VAT in most cases; where an exemption does not apply, the applicable VAT is shown before you pay.
• Payment is taken at the time of purchase through Stripe. We do not receive or store your card details.
• The price that applies is the one shown at the moment you buy. We may change prices for future purchases; a change never affects credits you already hold.
• We issue an invoice for each purchase, available in your billing area.

If your employer pays

Your employer buys a pool of sessions and allocates them to eligible employees. You pay nothing, and you see how many sessions you have available. If your allocation runs out, or you leave the organisation, you may continue as an individual client at the prices above. Your employer never learns whether or how you used the benefit — see D4 and section 9 of the Privacy Policy.

Failed payments

If a payment fails or is reversed, we may suspend access to unused credits until it is resolved. We will tell you before we do. If you raise a chargeback with your card issuer rather than contacting us, we may suspend your account while the dispute runs; please talk to us first, because most disputes turn out to be a misunderstanding we can fix in a day.

Healthcare services are excluded from the statutory right of withdrawal for distance contracts under Art. 6:230h(2) of the Dutch Civil Code. We nevertheless grant you the following contractual right, which is simpler and more generous than arguing about that exclusion:

1. You may cancel a purchase of session credits within 14 days of buying them and receive a refund for every credit you have not used.
2. If you have used some credits, we refund the unused ones in full and charge the used ones at the standard per-session price.
3. A credit counts as used if a session has taken place, or if it was consumed by a late cancellation or a no-show under B7.
4. To withdraw, email finance@mindlotus.nl or use the billing area. You do not need to give a reason. We refund to your original payment method within 14 days of being told.

Booking a session inside the 14-day period is your express request for the service to begin during that period, and you accept that a session you have actually had cannot be refunded.

1. Session credits are valid for 24 months from the date of purchase. We will tell you at least 30 days before any credits are due to expire, so that you can use them or ask for a refund.
2. Credits are personal to you. They cannot be transferred, sold or given to anyone else, and they have no cash value except as set out in this section.
3. Outside the 14-day period in B5, you can ask at any time for a refund of credits you have not used. We will refund them, less any amount already owed, within 14 days.
4. If we end your access under E7 for a reason that is not your fault, we refund unused credits in full.
5. If we end your access because you seriously breached these terms, we refund unused credits but may deduct amounts you owe us.
6. If treatment is declined or ended for clinical reasons under A5 or B2, unused credits are refunded in full.

Your psychologist has reserved that time for you, and cannot fill it at short notice. The rule is therefore simple: cancel more than 24 hours ahead and it costs you nothing; cancel later and the session is charged.

Your psychologist may set a longer or shorter notice period than 24 hours. Where they have, the period shown on their profile and at the point of booking is the one that applies to you.

A session is treated as attended once both of you have joined. If you join and your psychologist does not, the session is not charged. If neither joins, it is not charged.

We will waive a late-cancellation charge where you could not reasonably have attended or given notice — sudden illness, a family emergency, a bereavement, or a failure of the platform itself. Ask us at info@mindlotus.com; we will not ask you to prove a private matter.

1. Sessions are not video- or audio-recorded. Transcription, where used, produces text only.
2. You can ask for a transcript to be deleted at any time. We will delete it, unless your psychologist has already incorporated its content into the clinical record they are legally required to keep — in which case that record follows the rules in B10.
3. An AI-drafted summary is a draft for a professional to check. It is not a clinical opinion, and no decision about your care is made by it.
4. You may not record, screenshot or transcribe a session yourself without your psychologist's express prior consent. This protects them as it protects you.
5. Section 7 of the Privacy Policy explains exactly which providers are involved, where they process the data and how long it is kept.

1. You can message your psychologist between sessions to stay connected. Messaging supports the therapy; it does not replace a session.
2. Messages are not monitored. Nobody at MindLotus reads them looking for signs of risk, and no automated system escalates them.
3. Your psychologist replies during their working hours. There is no guaranteed response time, and no cover when they are away.
4. Never use messaging for anything urgent. If you are in crisis, use the emergency numbers at the top of this page.
5. Your psychologist may set reasonable limits on how much messaging is clinically appropriate, and may decline to conduct therapy by message.

Your record

Your psychologist keeps a record of your treatment, as the WGBO requires. You have the right to see it, to have a copy free of charge, to have factual errors corrected, to add your own statement to it, and to ask for it to be destroyed. A request for destruction is decided by your psychologist, who must comply unless the law requires retention or someone else has a substantial interest in the record being kept. The record is otherwise kept for 20 years from the end of treatment.

If something goes wrong with your care

1. Raise it with your psychologist first, if you feel able to. Most things are resolved in that conversation.
2. If that does not work, or you would rather not, contact us at klachten@mindlotus.nl. We will acknowledge within 3 working days and refer you to our complaints officer (klachtenfunctionaris), who is independent of your psychologist and free to you.
3. We aim to reach a reasoned position within 6 weeks, extendable by 4 weeks where the matter is complex, in line with the Wet kwaliteit, klachten en geschillen zorg (Wkkgz).
4. If you are still not satisfied, you may bring the dispute to the independent disputes body (geschilleninstantie) we are affiliated with under the Wkkgz. We will give you its details and its procedure on request, and in our written response to your complaint.
5. You may also complain to the professional body your psychologist is registered with, or, for a BIG-registered professional, to the disciplinary tribunal (tuchtcollege). Nothing here limits that right.

Complaints about data protection follow a different route — see section 20 of the Privacy Policy.

1. You provide services as an independent professional. This agreement does not create an employment relationship, an agency, a partnership or a joint venture between us.
2. You are responsible for your own registration with the Chamber of Commerce, your own income tax, VAT, social contributions and pension, and for any employees or substitutes you engage.
3. You determine your own clinical methods, keep your own professional judgement, and are free to work for other providers and to take clients outside MindLotus.
4. You decide when you are available and which clients you accept. We do not instruct you to accept a client, and you may decline or end a treatment relationship in accordance with your professional obligations.
5. You are responsible for the content of your profile and for the accuracy of every qualification you claim on it.

You must tell us promptly if any circumstance changes in a way that affects this description of your status, so that we can review the arrangement together.

Before you may see a client, and continuously thereafter, you must:

1. Hold and maintain a recognised qualification and a valid professional registration — in the Netherlands, BIG, NIP or a comparable register — and provide evidence of it on request.
2. Provide accurate identity documents, diplomas, curriculum vitae, and, where we require it, a valid Verklaring Omtrent het Gedrag (VOG).
3. Hold professional liability insurance (beroepsaansprakelijkheidsverzekering) with cover appropriate to your practice, and give us evidence of it on request.
4. Comply with the professional and ethical code of your register, with the WGBO, with the Wet BIG where it applies to you, and with the Wkkgz.
5. Undertake the continuing professional development your register requires.
6. Tell us within 5 working days if your registration lapses, is restricted, suspended or withdrawn; if you become subject to a disciplinary, criminal or regulatory investigation relevant to your practice; if a complaint or claim is made against you in connection with your work; or if your insurance ends.
7. Tell us before you begin treating a client who is located in a country where you are not permitted to practise.

We may verify any of the above at any time, including by contacting a register or a referee. Providing false or misleading information in your application is a material breach and we will end the agreement immediately.

1. You keep an accurate and up-to-date availability calendar, and you honour bookings made against it.
2. You keep clinical records in the platform to the standard your profession requires. Those records belong to the treatment relationship; we hold them on your behalf as your processor.
3. You assess whether online therapy is clinically appropriate for each client, using the criteria in A5 and your own judgement, and you refer on where it is not.
4. You must have a safety plan for clients who disclose risk, and you must act on a disclosure of risk in accordance with your professional obligations. Do not rely on MindLotus to notice a risk for you: our safety flag surfaces an intake answer, it does not monitor a client.
5. You must obtain the client's informed consent before starting transcription of a session, tell them what it will be used for, and stop if they ask. You must not enable transcription covertly.
6. An AI-drafted summary is a draft. You remain fully responsible for the accuracy and clinical adequacy of anything you adopt into a client record, and you must review it before doing so.
7. You must not record sessions by any other means without the client's express prior consent.
8. You must not use client data, transcripts or session content for research, teaching, publication, marketing or model training without a separate lawful basis and, where required, the client's explicit consent.
9. You must conduct sessions from a private, professional setting, with a stable connection, on a device you control and keep secure.

1. For a standard session at the standard client price of €100, your fee is €60 and our platform fee is €40. If you are placed on a different rate tier, the tier communicated to you applies.
2. You earn a fee when a session is completed, and in the no-show and late-cancellation cases set out in B7 and C5.
3. VAT is handled according to your status and the applicable exemption for psychological care. You are responsible for determining your own VAT position and for accounting for any VAT you owe.
4. Payouts are made monthly, in arrears, through Stripe Connect, once you have completed Stripe's onboarding and identity verification. Stripe holds your bank details; we do not.
5. You can see every earning, the gross amount, the platform fee, VAT and the resulting net figure in your earnings area, and download a statement.
6. Where a payout fails — for example because your Stripe account is incomplete or your bank rejects it — the amount rolls over to the next payout run and we will tell you what to fix.
7. We may withhold or set off a payout against amounts you owe us, against a refund we have had to make to a client because of your act or omission, or where we are investigating a serious complaint. We will tell you why, and we will release anything not properly withheld.
8. We may change the fee split or the rate tiers on 30 days' written notice. If you do not accept the change, you may terminate under C7 before it takes effect, and sessions already booked are honoured at the old rate.

1. Where a client cancels within the applicable notice window (24 hours by default) or does not attend, you are paid in full for the session.
2. Where you cancel, at any notice, you are not paid and the client's credit is returned.
3. Where you do not attend a session the client joined, you are not paid, the client's credit is returned, and repeated occurrences are a breach of this agreement.
4. Cancel as early as you can, and only where you genuinely cannot attend. Late cancellation by a therapist is not a scheduling inconvenience — it is a rupture in someone's care.
5. If you will be unavailable for a period, block the time in your calendar in advance and tell clients who have sessions booked.
6. If you intend to stop practising through MindLotus, give us at least 30 days' notice so that we can arrange continuity for your clients, and complete or properly hand over any treatment in progress.

1. You are bound by professional secrecy and must keep confidential everything you learn about a client, indefinitely.
2. For the clinical records you create on the platform, you are the controller and we are your processor. Our data processing agreement governs that relationship, and it is incorporated into these terms by reference. Ask us for a copy at any time.
3. You must comply with the GDPR and the UAVG in your own processing, including responding to client requests about their record.
4. You must tell us without undue delay, and in any event within 24 hours, if you become aware of a personal data breach affecting client data — including a lost or stolen device, a misdirected message or unauthorised access to your account.
5. You must not export, copy or retain client data outside the platform except where you are required to keep records under professional rules, and then only with appropriate security.
6. You must not disclose client information to a client's employer, in any form, ever.
7. You must keep confidential our non-public commercial information, including rates, product plans and client volumes, during the engagement and for 3 years after it ends.

You are free to practise wherever you wish, and nothing here restricts that. What you may not do is use MindLotus to find clients and then move them off it to avoid the platform fee.

1. During your engagement, and for 12 months after it ends, you must not solicit or induce a client you were introduced to through MindLotus to take their treatment off the platform.
2. This does not prevent you from continuing to treat a client where the client independently asks you to, where continuity of care requires it, or where MindLotus can no longer serve them — for example because we cease the service, because we end your engagement without cause, or because the client's needs have changed. Clinical need always outranks this clause.
3. It does not restrict you from advertising your practice generally, or from treating anyone who comes to you through another route.
4. Either of us may terminate this agreement on 30 days' written notice. We may terminate immediately for the reasons in E7 or for a breach of C2.
5. On termination you must complete or properly hand over treatment in progress, and we will pay you everything you have earned up to that point.

You warrant that:

• You hold the qualifications, registrations and insurance you have claimed, and everything in your application and profile is true.
• You are not subject to any restriction, suspension or condition that limits your ability to practise, and no disciplinary or criminal matter is pending against you that a client or we would reasonably want to know about.
• You will deliver services with the reasonable skill and care expected of a professional in your field.
• You have the right to grant us the licence in E3 for the profile content you provide.

You will indemnify us against losses, claims, damages, fines and reasonable legal costs we incur as a result of your breach of these terms, your clinical acts or omissions, your breach of data protection law, or a claim by a client arising from care you delivered. This indemnity does not apply to the extent the loss was caused by our own breach, negligence or wilful misconduct.

Nothing in this section requires you to indemnify us for a matter your professional liability insurance is intended to cover but declines because of our act or omission.

These terms apply to your use of MindLotus as an organisation, together with any order form or written agreement we sign with you. Where a signed agreement conflicts with these terms, the signed agreement prevails.

You are a business customer. Consumer protections in these terms apply to your employees in their own right as clients, not to you.

We provide the platform and arrange care. We do not provide you with an occupational health service, a fitness-for-work assessment, a return-to-work assessment, or any report about an individual. If you need those, you need a bedrijfsarts, and MindLotus is not one.

1. You buy a pool of sessions. Sessions are drawn from the pool when an employee books, and returned to it when a booking is cancelled in time under B7.
2. Prices, minimum volumes and payment terms are as set out in your order form. Unless agreed otherwise, invoices are payable within 30 days of the invoice date.
3. Late payment carries statutory commercial interest under Art. 6:119a of the Dutch Civil Code, plus reasonable collection costs.
4. We may suspend new bookings if an invoice is more than 30 days overdue. We will give you 14 days' written notice first, and we will not interrupt a course of treatment already under way without discussing it with you.
5. Unused sessions in a pool are valid for 24 months from purchase and are not refundable except where we terminate without cause, or where we materially breach these terms.
6. Prices may change on 60 days' notice, effective at your next renewal or next order.

1. You decide which employees are eligible and invite them. You warrant that you have a lawful basis to give us their name and work email address for that purpose, and that you have told them you are doing so.
2. Participation must be voluntary. You must not require an employee to use MindLotus, make it a condition of employment, or treat an employee less favourably for using it or for not using it.
3. You must not ask an employee whether they have used the service, who they saw, or what was discussed — and you must not ask us.
4. You must tell your employees, before they are invited, that you will not receive any information about their individual participation or care.
5. When an employee leaves your organisation, tell us so that we can end their allocation. Care already booked is completed, and the employee may continue at their own cost.

You receive aggregate reporting only, and the limits are enforced in the product rather than left to trust:

• Wellbeing and session-rating figures come only from employees who have chosen to share them, and are shown only as weekly averages.
• A week's figures are shown only if at least 5 employees contributed to it and your organisation had at least 10 members who were active for that whole week. Otherwise you see only that there was not enough data.
• You will never receive intake answers, session content, notes, transcripts, messages, mood or journal entries, individual wellbeing scores, safety flags, or the identity of any employee's psychologist.
• You will not receive confirmation that a named individual did or did not use the service, or whether they chose to share.

You must not attempt to re-identify any individual from aggregate reporting, combine it with other data you hold in order to do so, or ask us or any psychologist to circumvent these limits. Doing so is a material breach of these terms and we will terminate for it.

Each of us is an independent controller for the personal data we handle in this relationship. Where we process personal data on your instructions, our data processing agreement applies; ask us for a copy.

1. The agreement runs for the term in your order form and renews for successive periods of the same length unless either of us gives written notice at least 30 days before the end of the current term.
2. Either of us may terminate immediately if the other commits a material breach that is not remedied within 30 days of written notice, or becomes insolvent.
3. On termination, treatment already under way is completed and paid for. Unused sessions are handled under D2.
4. Clauses that by their nature should survive termination — confidentiality, data protection, liability, indemnity and governing law — do so.

We work hard to keep MindLotus available and will give reasonable notice of planned maintenance. We do not promise that the service will be uninterrupted, error-free, or available at any particular moment, and we depend on third parties — internet providers, video infrastructure, payment processors — whose failures we cannot prevent.

If a session cannot go ahead because of a failure of the platform, the session is not charged and the credit is returned. That is your primary remedy for an outage. It does not limit any right you have under E4.

We may change, improve or discontinue features. If we discontinue a feature you materially rely on, we will give reasonable notice, and if you are paying for the service you may terminate and receive a refund for the unused part.

The platform, the website, our software, our name, our logo, our designs and our written content belong to us or to our licensors. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the platform for its intended purpose while your account is active.

You may not copy, modify, decompile, reverse-engineer, create derivative works from, or extract data from the platform, except to the extent that mandatory law expressly permits it and we cannot lawfully prevent it.

You keep ownership of everything you put into MindLotus — your intake answers, journal entries, messages, files, notes and profile content.

You grant us a licence to host, store, transmit, display and process that content strictly as needed to operate the service for you, and to comply with the law. The licence is worldwide and royalty-free because our infrastructure and our providers are, but it is limited to running the service: we do not use your content to market, to train models, or for any purpose you have not agreed to. It ends when the content is deleted, except where we must retain it under section 12 of the Privacy Policy.

You are responsible for what you upload. You confirm that you have the right to upload it and that it does not infringe anyone else's rights or break the law. We may remove content that breaches these terms, and we will tell you when we do unless we are prohibited from doing so.

For psychologists: content you post to your public profile may also be shown on our website and in marketing, for as long as you are on the platform and until you remove it. Tell us if you want it withdrawn.

What we never exclude

Nothing in these terms limits or excludes our liability for:

• death or personal injury caused by our negligence;
• our own intent or deliberate recklessness (opzet of bewuste roekeloosheid);
• fraud or fraudulent misrepresentation; or
• anything else that Dutch law does not allow us to limit — including, for consumers, mandatory statutory rights and remedies, which these terms do not affect.

What we are responsible for

We are responsible for operating the platform with reasonable skill and care, for keeping it reasonably secure, for handling personal data as described in the Privacy Policy, and for verifying psychologists before they see clients. If we fail in those things and you suffer loss as a foreseeable result, we are liable subject to the limits below.

What we are not responsible for

• The clinical judgement, advice, acts or omissions of a psychologist. They are independent professionals with their own duties and their own insurance, and claims about the care itself lie against them.
• The outcome of therapy, which no one can guarantee.
• Anything that happens outside the platform, including any arrangement you make with a psychologist off it.
• Your equipment, your internet connection, or the privacy of the place you take a session from.
• Loss caused by your own breach of these terms, or by information you gave us that was inaccurate or incomplete.

Limits

1. For consumers: our total liability arising out of or in connection with these terms is limited to the greater of (a) the total amount you paid us in the 12 months before the event giving rise to the claim, and (b) €1,000. This limit does not apply to anything listed under 'What we never exclude'.
2. For business users, including psychologists and organisations: our total aggregate liability is limited to the total amount paid or payable between us in the 12 months before the event giving rise to the claim.
3. For business users only, we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of business or reputation, or loss or corruption of data beyond the cost of restoring it from our backups.
4. Each of these limits applies to the aggregate of all claims, not to each claim separately.
5. You must notify us of a claim within a reasonable time of becoming aware of the circumstances giving rise to it. This does not shorten any limitation period that mandatory law gives a consumer.

This section applies to psychologists and organisations, not to consumers.

You will indemnify us against losses, claims, damages, regulatory fines and reasonable legal costs arising from your breach of these terms, your breach of data protection law, your infringement of a third party's rights, or — for psychologists — your clinical acts and omissions. It does not apply to the extent the loss results from our own breach, negligence or wilful misconduct. We will tell you promptly about any claim, will not settle it without your consent (not to be unreasonably withheld), and will let you conduct the defence where you reasonably wish to.

We may change these terms to reflect changes in our service, our costs, or the law. The version number and date at the top tell you which text applies.

1. For material changes — anything that reduces your rights, increases your obligations, or changes price or fees — we give at least 30 days' notice by email or in the platform before the change takes effect.
2. If you do not accept a material change, you may terminate before it takes effect, and we will refund the unused part of anything you have paid.
3. Continuing to use MindLotus after a change takes effect means you accept it.
4. We may make immediate changes where the law requires it or where a change is needed to address a security risk. We will tell you as soon as we can.
5. The terms that apply to a session are the ones in force when it was booked.

You may close your account at any time from your settings, or by writing to info@mindlotus.com. Refunds follow B6 or D2.

We may suspend or close your account if:

• you seriously or repeatedly breach these terms;
• you behave abusively towards a psychologist, another user or our staff;
• we reasonably suspect fraud, unlawful activity or unauthorised access;
• you are a psychologist and your registration, insurance or verification lapses, or we receive a credible complaint that raises a risk to clients;
• you are an organisation and an invoice remains unpaid after notice; or
• we are required to by law.

We will give notice and, where the breach can be put right, a reasonable opportunity to put it right — unless there is a risk to someone's safety, a security risk, or a legal obligation to act immediately. Where we suspend a psychologist mid-treatment, we will arrange continuity for their clients.

Closure of your account does not delete your clinical record, which is kept under section 12 of the Privacy Policy.

Neither of us is liable for a failure to perform caused by something outside our reasonable control — including natural disaster, war, terrorism, epidemic, industrial action, failure of public or third-party telecommunications or power networks, or the failure of a major infrastructure provider. We will tell you as soon as we reasonably can and do what we can to limit the effect. If the situation lasts more than 30 days, either of us may terminate and we will refund what has been paid for services not delivered.

1. These terms, the Privacy Policy, any order form and any data processing agreement are the entire agreement between us on their subject matter, and replace anything said or written before. Nothing here excludes liability for fraudulent misrepresentation.
2. If a clause is found invalid or unenforceable, it is replaced by a valid clause that comes as close as possible to its intent, and the rest of the terms continue in force.
3. If we do not enforce a right straight away, we do not lose it.
4. You may not transfer your rights or obligations without our written consent. We may transfer ours to a group company or to an acquirer of our business, provided your rights are not reduced; if you are a consumer and the transfer reduces your rights, you may terminate and receive a refund of anything unused.
5. Nobody other than you and us has rights under these terms.
6. These terms are published in English. Any translation is provided for convenience; in the event of a discrepancy, the English text prevails, except where mandatory consumer law in your country requires otherwise.
7. Notices to us should go to info@mindlotus.com or to our registered office. Notices to you go to the email address on your account, so keep it current.

These terms and any dispute arising out of them are governed by the law of the Netherlands. Disputes will be submitted to the competent court of Oost-Brabant, sitting in Eindhoven.

If you are a consumer: this choice of law does not deprive you of the protection of mandatory provisions of the law of the country where you habitually reside, and you may bring proceedings in the courts of that country. You may also use any alternative dispute resolution scheme available to you there.

For complaints about care rather than about this agreement, use the procedure in B10 first. The Wkkgz disputes body is generally a faster and cheaper route than a court, and it can award compensation.

Please talk to us before starting formal proceedings. Most disputes are resolved in a conversation, and we would rather have that conversation.

See also our Privacy Policy.