Terms & Conditions
The website “www.mitsu.care” (“Website”) is owned and controlled by Metacog Health Private Limited (UIN: U85100MH2022PTC377092), having its registered office at Plot No. D-5, Road No. 20, Marol MIDC, Andheri East, Mumbai, Maharashtra- 400093 (the “Company”). Through the Website, the Company provides information about the company and also educates Users about mental health through its blog. This Terms of Use (“Terms”) governs the usage of the Website by any individual either for himself/or for any other person (“You”/ “Your” / “User”). The Company reserves the right to make any modifications to the Terms at any time and the notice of such changes shall be posted on the Website. Your access/visit/use of the Website signifies your consent to the Terms.
Intellectual Property Rights:
The Website contains content owned or licensed by the Company (“Company’s Content”). The Company owns and retains all rights to the Company’s Content. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated or accompanying the Company’s Content and You shall not copy, re-produce, re-publish, upload, transmit, or distribute, sell, or otherwise exploit the Company’s Content. The Company’s name and logo are trademarks of the Company, and may not be copied, imitated, or used, in whole or part, without the prior permission of the Company.
Access to Website:
No registrations are required to use and access the Website.
Information Only:
This Website is for information only. Any information, content, and other materials published on the Website are not a substitute for medical advice. Although the Company makes its best efforts to ensure that all the information, content, and other material published on the Website are true and accurate, occasionally there may be errors, inaccuracies, or omissions in the same. You agree to act in accordance with the advice of a registered medical practitioner, and shall not rely on the information and content posted on the Website.
Third-Party Websites:
The Website may have links to third-party websites to which the Company has no affiliation. You shall be governed by such third-party terms and the privacy policy attached to such third-party websites. You agree to exercise caution while accessing such third-party websites. The presence of such third-party links on the Website does not constitute an endorsement by the Company.
Prohibitions:
You are prohibited from (a) republishing, selling, duplicating, or “scraping” for commercial or any other purpose whatsoever any of the data or other information contained on the Website, in whole or in part, in any medium whatsoever (b) directly or indirectly (i) using any of the Company’s proprietary information, third party data, or other content accessed through the Website, for creating any service, website, that is similar to any aspect of the Website; (ii) modifying any content on the Website; (iii) decompiling, reverse engineering, or disassembling the content on the Website; (iv) using the Website in any way that is unlawful, or harms the Company, or any other person or entity, or permitting any third party in engaging in any of the foregoing proscribed acts.
Privacy Statement:
The Company values the privacy of each User. It understands that the business of the Company depends on its ability to adequately safeguard and protect the information of the User. The Company does not collect any personally identifiable information of the User without the consent of the User.
Information Collected and Usage of the same:
The personally identifiable information collected with Your consent through the “contact us” form is protected against unauthorized access and shall not be disclosed to third parties and any such information will be used solely by the Company for purposes for which consent was obtained. When You browse the Website, the Company’s servers may automatically record information that Your browser or mobile application sends out. This may include information such as Your computer’s Internet Protocol address, browser type, device name, operating system, configuration of the app when accessing the Website, pages of our Website that You visit, time spent on such pages, etc. We use this information to analyse trends, administer the Website, and improve the usage and functionality of the Website. The Company also uses cookies on our Website to optimise our web presence, approved third parties also may set cookies when you interact with our Website. Third parties use cookies in the process of analytics to measure and improve the quality, effectiveness and delivery of our Website. You can disable the storage of cookies by choosing the “disable cookies” option in your browser settings. However, this can limit the functionality of the Website.
Other Terms:
- The Company recommends Users who find inappropriate content to contact us immediately in order that we may take such action as we in our sole discretion deem fit, including removing any content. In addition, the Company reserves the right, and its moderators are authorized to remove any material/opinion which violates these Terms or which the Company considers inappropriate, in its sole discretion.
- This Terms and usage of Website by You is governed by the laws of India.
- To the fullest extent permissible under the applicable law, Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Specifically, but without limitation, Company does not warrant that: (i) the information on the Website is correct, accurate, or reliable; (ii) the functions contained on the Website will be uninterrupted or error-free; or (iii) defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.
- Indemnity: The User agrees to indemnify, defend, and hold harmless the Company, and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses and damages incurred by the Company relating to the User’s use or misuse of the Website or breach of these Terms.
- Grievances: If the User has any grievance regarding the information, content, or other materials published on the Website, he/she may contact us at hello@mitsu.care.
Notice: Any communication or notice required under these Terms shall be sent by email to hello@mitsu.care.
Key definitions and terms
“Company” refers to Metacog Health Private Limited and includes the terms “Metacog“, “Mitsu“,” Mitsu.care”, “we“, “us“, “our” or similar terminology in reference to the Company as the provider of Services.
“Personal Information” refers to any information that can identify a User, such as name, address, email, phone number, date of birth, government-issued ID numbers, and other similar information collected by the Company in connection with the provision of Services.
“Services” refers to any information made available by Metacog, on its websites, and includes without limitation the self-help program offered through the mobile application (“Mitsu App”, “App”, “Program” or similar terminology) or such other products we make available.
“Therapist” refers to a trained mental health professional, viz., Clinical Psychologist/Counselling Psychologist, employed by the Company in relation to the Services under Mitsu App to the Users.
“User” refers to any person who accesses or uses the Services, regardless of whether they have created a user account, and includes the terms “you” or “your” or similar terminology in reference to the User as the recipient of Services.
“Website” shall mean the website https://mitsu.care.
General
- Metacog Health Private Limited (legal entity) operates under the brand name “Mitsu”.
- These Terms and Conditions and Privacy Policy govern the use of our website (https://mitsu.care) and the iOS and Android mobile applications.
- Mitsu’s website is for informational purposes only where we share information about our Services, blogs, etc. with potential Users of our Services. Our Service – the Mitsu program – is only offered on the Mitsu App (Android and iOS).
About Mitsu’s program
The Mitsu App provides a personalised, self-help program that includes messaging-based support from Mitsu’s in-house Therapists, to help you build skills for emotional self-regulation and for managing your anxious and depressive feelings. The program aims to foster a sense of self-reliance and self-sufficiency among Users by encouraging them to apply these skills outside of the Program – thus laying the groundwork for long-term mental health.
The lessons and activities used in the Program’s weekly modules are based on evidence-based psychological techniques such as Cognitive Behavioural Therapy (CBT) and Acceptance & Commitment Therapy (ACT), which have been shown to improve long-term mental and emotional well-being.
The Services offered by Metacog through the Mitsu App are to be used as an enabling and empowering form of support and do not provide medical diagnosis, prognosis, treatment, or cure for any psychological condition, disease, or disorder. The Services are not intended to be a substitute for professional advice, diagnosis, treatment, medical treatment, or mental health services. Users are advised not to disregard professional psychological or medical advice or delay in seeking evaluation or treatment regarding any mental health or medical symptoms or conditions.
Please read these Terms and Conditions (“Agreement”) carefully before using the Services operated by Mitsu. This Agreement sets forth the legally binding terms and conditions for your use of the Website and the Mitsu App for the Services.
By accessing or using the Website and the Mitsu Mobile App for the Services in any manner, including, but not limited to, visiting, or browsing the Website and the Mitsu App for the Services, you agree to be bound by this Agreement and all applicable laws and regulations governing the Services. If you do not agree with any of these terms, you are prohibited from using or accessing the Website and the Mitsu App for the Services.
Use of Services
Mitsu offers a personalized, self-help program via the Mitsu application, that includes engaging video lessons, activities, and messaging-based support from Mitsu’s in-house therapists, to help you build skills for emotional self-regulation and for managing your anxious and depressive feelings. The lessons and activities used in the Program’s weekly modules are based on evidence-based psychological techniques such as Cognitive Behavioural Therapy (CBT) and Acceptance & Commitment Therapy (ACT), which have been shown to improve long-term mental and emotional well-being. By utilizing the Services, you agree that it is not a replacement for seeking professional medical advice or treatment.
The accuracy, completeness, and correctness of the information you supply when signing up for and using the Service are your responsibility.
- Mitsu is not for emergency use. If you are having suicidal thoughts or planning to act on suicidal thoughts, or if you feel that you may be a danger to yourself or to others, or if you otherwise have any medical or mental health emergency or severe mental health condition, or if you are in a crisis or trauma or abuse, please call the relevant emergency/ helpline numbers.
- The Services of Mitsu are not directed to persons under the age of 18 years. We do not knowingly solicit anyone under the age of 18 to participate independently in any of our Services.
- Mitsu does not provide medical diagnosis, prognosis, treatment, or cure for any psychological condition, disease, or disorder. It is an enabling and empowering form of Service that is based upon evidence-based practices to help you build skills for long-term emotional and psychological resilience.
- Mitsu is not a substitute for other medical or mental health treatment. Do not make any changes to your medications or treatment plan without consulting your doctor.
- Before a User on-boards and starts working in the Program, they are assigned to one of Mitsu’s Therapists for a mandatory “intake call” . The purpose of the intake call is: (1) for the Therapist and User to collectively review health-related information shared by the User in the self-check-in questionnaire; (2) to form an early therapeutic alliance between the Therapist and User; (3) to orient the User about the Services, how it works, and the kind of support available, etc.; and (4) to personalize the Services as much as possible to meet the specific needs and circumstances of the User.
- If, during the intake call, the Therapist finds that the User has self-reported symptoms or displays symptoms of a serious mental health disorder/condition, suicidal ideation, ongoing abuse and/or trauma, or there is a risk of harm to self/others, the Therapist may advise the User to seek in-person medical help with a Physician/Psychiatrist / Clinical Psychologist. In such cases, the User can still use Mitsu’s Services but only as additional care/support in consultation with their treating Physician/Psychiatrist/Clinical Psychologist.
- Once the User has completed the intake call, they must make the decision to enroll (or not) in the program by paying the program fee. Only users who successfully enrol by paying the program fee can access the Services under the Mitsu App and all other features of the Mitsu App.
- The Mitsu App comes with an in-App messaging feature using which you can text your assigned Therapist, who can:
- answer your questions;
- explain concepts;
- offer guidance and suggestions; and
- encourage and motivate you.
- This messaging-based communication with your therapist is not intended as live therapy but as a form of additional support and guidance, while you work on the P program yourself. This in-App messaging feature is available for a period of 10 weeks for the 8-week program, after which you can no longer initiate a new message with the Therapist (or vice-versa). You will still be able to view the past conversations.
- Mitsu will try to ensure, on a best-efforts basis, that the therapist assigned to you is not changed during the program. Wherever this is not feasible, you will be assigned a new Therapist. The choice of Therapist assigned to you is completely internal to Mitsu. You can request a change of Therapist, along with reasons for the same, in case you are not satisfied with your current Therapist. The Company reserves the right to make a change or not on a case-to-case basis.
- A User can request a call with the therapist or a therapist can schedule a call with the User during the Program if the Therapist in their professional judgment feels that it is necessary for the safety and well-being of the User and that the text-based support will not be sufficient. Please note that call-based support is not a regular form of support and is provided only in exceptional circumstances where our therapists deem it necessary. Our therapists will always communicate the reason for providing call-based support and obtain the User’s consent before initiating such support.
- We do not offer one-on-one consultation/therapy on the Mitsu app.
- After the Program duration of 8 weeks, you will continue to have access to the in-App content and activities. The in-App message feature will be available for an additional 2 weeks, i.e., for a total of 10 weeks, after which you can no longer initiate a new message with our therapists (or vice-versa). You will still be able to view the past conversations.
Refund and Cancellation Policy
- You are required to enroll in the Program by paying the program fee ONLY after your intake call with the Mitsu in-house Therapist. You are expected to use the intake call as an opportunity to understand the Program’s contents, how it works, and whether it is appropriate for you, and make an informed decision on joining the Program.
- If you are not satisfied with the program, you can request a cancellation and refund of the program fee by emailing us at hello@mitsu.care, including the reason for cancellation. Mitsu reserves the right to evaluate these requests on a case-by-case basis.
Limitation of Liability
- Mitsu’s clinical team is responsible for health information provided on the Mitsu Application / Services. Care has been taken to confirm that the information presented within the Mitsu A pp/Services is accurate and describes generally accepted practices. If we find or are alerted to a mistake, we will correct it as quickly as possible. However, to the fullest extent permitted by applicable laws, the authors, editors, and publishers are not responsible for errors or omissions, or for any consequences arising from the application of the information on the Services/Mitsu app, and make no warranty, express or implied, with respect to the contents, completeness, or accuracy of the material published.
- IN NO EVENT WILL MITSU / METACOG HEALTH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH OUR PROGRAM OR THIS AGREEMENT.
Intellectual Property Clauses
- The Program and all its contents, including but not limited to text, graphics, audio/video lessons, practice activities, images, and software, are owned by and are the sole property of Mitsu / Metacog Health and are protected by intellectual property laws. You may not use, reproduce, distribute, or create derivative works from any part of our Program without our express written consent.
Prohibited Uses of the Application
- You agree to abide by this Agreement and all relevant laws and regulations by using our Program. You consent to refrain from using our Program in any way that would damage our reputation or cause disruption for our Program or its Users. You also consent to refrain from using our Program for any unlawful or unauthorized purposes.
Indemnity
- You agree to indemnify and hold harmless us and our affiliates, officers, agents, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Program or your violation of this Agreement.
Governing Law and Dispute Resolution
- This Agreement will be governed by and construed in accordance with the laws of India. Any disputes arising out of or relating to this Agreement, or our Program will be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be in Mumbai.