Terms and conditions of use for the Professional 

1. Actors and applicability of the contract

1.1 These terms and conditions apply to the agreement between Punto Exe Srl, registered office in Campobasso at Via Altobello, 3 with VAT number 00900060708, (hereinafter referred to as “Society”) and the provider of care, including healthcare (hereinafter referred to as “professional”) in relation to the use of the company’s web and/or mobile applications (hereinafter referred to as “portal” or “Company”) to provide services to patients. The professional’s request to use the portal is subject to the Company’s approval and involves the creation of an account (hereinafter referred to as “account”) on the portal which is required to truthfully provide all the requested information. 

1.2 Through the portal, authorized professionals (e.g., psychologists, psychotherapists, and other healthcare professionals) can independently provide medical care and counseling, as part of their professional practice, via video, audio, or messaging. Specifically, the portal offers professionals the option of providing their services via “teleconsultation” or “televisit.” To this end, it is specified that a televisit is a healthcare procedure in which the doctor interacts remotely with the patient, possibly with the support of a family caregiver, which may result in the prescription of medications or treatments. During the televisit, a healthcare professional who is close to the patient can assist the doctor. A “Teleconsultation” is a diagnosis and/or treatment recommendation without the patient’s physical presence. This is a remote consultation that allows a doctor to seek advice from one or more doctors, depending on their specific training and expertise, based on medical information related to the patient’s care. The patient can describe their condition and symptoms to the healthcare professional, who will then perform an examination, formulating a diagnosis where possible, and recommend further treatment, which may or may not include prescription medications, laboratory tests, or specialist consultations. To facilitate remote support for the healthcare professional, the portal can also offer additional features such as electronic medical records, the ability to generate electronic medical prescriptions, remote monitoring, and booking services. Regarding the financial relationship with the patient, billing and payment services are also available. 

1.3 The portal may also feature an active artificial intelligence tool that identifies the emotions displayed by the patient during the session. These emotions can be displayed to the therapist during the session, summarized in a graph, and included in the recording. This tool should be used solely as a rough indicator of possible emotions and is subject to error, even frequent, in identifying them. It should be considered merely as an aid. The therapist remains responsible for using these tools and assessing their accuracy. Each decision should always be made based on their training and experience, and no weight should be given to the emotions identified by the AI..  

1.4 It is important to emphasize that the Company does not engage in any activity related to the direct provision of medical and/or healthcare services; at the same time, it exclusively provides an intermediary service between the patient and the professional and is not a professional itself. Therefore, the agreement between the patient and the Company, and between the Company and the professional, is strictly an agreement aimed at providing a technical solution that facilitates the relationship between the professional and the patient. The Company is therefore not responsible for the delivery methods or the quality of medical examinations or other medical services provided in the context of an electronic consultation by the professional. Pursuant to applicable law, the Company acts merely as a provider of the intermediary service and not as a provider of the medical service; therefore, the professional is solely responsible for this service. Furthermore, the parties mutually acknowledge and agree that under no circumstances may the relationship established by this contract be classified as an employment relationship between the Company and the professional. 

1.5 By entering into an agreement with the Company, the professional creates an account in accordance with these terms and conditions of use of the portal and also undertakes to provide only truthful information. 

1.6 The professional is responsible for ensuring that all personal data provided upon signing the agreement with the Company is true, relevant, accurate, and kept up to date for the duration of the contract. Any potential changes to this information must be communicated immediately to the Company via the appropriate section on the portal or, failing that, by sending an email to support@psycare.it 

1.7 These terms and conditions of use, as well as the instructions, guidelines and additional information relating to the service offered, are available in the updated version and are accessible at any time by accessing the portal; in the event of updates and/or substantial changes, the professional will be notified via a pop-up when accessing the portal. 

1.8 These terms and conditions of service, as well as the information regarding the processing of personal data, are deemed to have been read, understood, and fully accepted upon registration on the portal. The professional therefore undertakes not to use the portal in violation of these terms and conditions of use. 

2. General information about accounts and the portal

2.1 Acceptance of the contract, registration for an Account, and access to the portal require the professional to have an appropriate educational qualification and a license to practice the profession, to have insurance where required by law, a tax code, to be of legal age at the time of registration, and to provide all personal information requested during registration on the portal. The Company reserves the right to verify the authenticity of any information and materials provided during registration and only then activate the Account, request further information, or deny the account, at its sole and absolute discretion..  

2.2 The professional is responsible for all actions related to the use of the account. The account may only be used by the person to whom it is registered and may not be used by, or transferred to, another legal entity without the express written consent of the Company. The Company assumes no responsibility for any misuse by third parties or any consequences or potential damages that may arise from such misuse. If the Company becomes aware of such misuse, it will take appropriate action, including legal proceedings and police reports. 

2.3 The professional is responsible for ensuring that the account is used in accordance with these Terms and Conditions of Use, as well as with any other conditions communicated on the portal, for the entire duration of the agreement. The professional is solely responsible for the information they submit using their own communication tools or through the portal itself and, consequently, assumes full responsibility for its content, declaring, by simply communicating or entering the data, that it is true. 

2.4 By registering an Account on the portal, the professional confirms and accepts the technical specifications, conditions and limits of the portal which are described in the service and in the descriptions of the Company’s products, which are available on the portal itself. 

2.5 By activating an Account on the portal, the professional accepts and confirms that the contact information provided may be used by the Company to send offers and information relating to the service via email, text notifications, or push notifications. The professional has the right to object to the use of these communication channels at any time after registering the account. The Company undertakes to comply with this request promptly. 

2.6 The content published or provided by the Company on the portal should be considered a simple aid and complement to the medical guidance provided by the professional and should absolutely not be considered a substitute for the professional’s evaluation, diagnosis, or treatment of any disease. The portal is merely a technical means through which the professional provides healthcare to patients. The Company assumes no responsibility for the services provided by the professional under any circumstances. 

3. Payments and fees for using the portal.

3.1 At least by private agreement between the company and the professional, the subscription fee charged to the professional for using the portal is determined by the company and published in the dedicated section of the portal. When the professional collects their fees directly from the portal, the following rules will apply, which identify the company as a mere collection agent. In any case, the company will not pay any additional compensation to the professional based on the duration or complexity of the consultation, other than that established by the professional and submitted to the end user. 

3.2 All payments that the professional receives from the end user will be settled through the Stripe platform, which will onboard the professional as an account (called a connected account) on its platform and will provide for their identification; the portal will only regulate the transfer of money from the end user to the professional in his capacity as collection agent. 

3.3 For each transaction, the portal will retain a fixed percentage, as commission, equal to 3% (three percent) of the gross amount paid by the user; this net amount will then be paid to the professional exclusively via bank transfer to the IBAN that the professional has communicated on the platform by entering it in a specific form. The transfer will generally take place within fifteen working days following the transaction and is cumulative for all transactions carried out within the same day. 

3.4 The professional will not have access to his connected account, as it is strictly instrumental to the transfer to his bank account of the sums that will flow into it from his end users; furthermore, the professional is informed that this connected account does not produce any interest. 

3.5 The professional undertakes to promptly update his/her data and to communicate any change of IBAN to the portal and to Stripe in order to prevent any possible errors in the transfer of money to his/her account. 

3.6 The professional agrees to process any refunds or reversals outside of the portal, meaning that every successful payment will be considered valid, the service provided, and the transaction archived. If the professional subsequently intends to issue a refund, reversal, or credit to the end user, they must do so independently and may not ask the portal or Stripe to do so on their behalf, unless specifically agreed to with the portal. 

3.7 The professional will receive a monthly invoice summarizing the commissions applied, only if he has carried out at least one transaction, which, pursuant to article 10 paragraph 1 number 1 of Presidential Decree 633/72, will be classified as a transaction exempt from Value Added Tax. 

3.8 The professional undertakes to use the portal as a collection agent solely and exclusively to collect fees related to his/her professional activity and not for other personal purposes such as, but not limited to: collection of various credits, gaming credits, rentals, leases, loans, services exempt from his/her professional activity, etc. 

3.9 The portal may at any time refuse, condition, or suspend any transaction if it believes it may violate this agreement or is fraudulent or illegal. In such cases, the portal may share any information relating to such transaction with financial institutions, law enforcement agencies, or other competent authorities in accordance with Italian law. Such information may include information about the professional himself, his account, and his clients. 

3.10 It is expressly prohibited to use virtual currencies and cryptocurrencies within the platform, such as, but not limited to: bitcoin, Ethereum, Litecoin, Stellar, Cardano, etc. 

4. Obligations of the Portal

4.1 Subject to the limitations described in this article, the Portal is responsible for ensuring that the Portal is: 

1. a) available pursuant to the articles below;
2. b) stores and makes accessible the information sent by the user or the professional following a consultation.

4.2 The Portal is responsible for ensuring its compliance with current legislation regarding the provision of remote services. The Portal assumes no responsibility for data loss within the limits set by current legislation. 

4.3 The Portal is not responsible for the content distributed between patients and professionals within the portal. 

4.4 The Portal takes every care to ensure its continuous availability. The Portal, including consultations, is provided in accordance with these Terms and Conditions, with the exception of permitted interruptions such as, but not limited to, scheduled maintenance, line or power outages on servers, and scheduled updates. 

4.5 The choice of professional is made by the patient, the Portal does not intervene in any way on this choice 

4.6 The Portal assumes no responsibility for interruptions in availability, which may arise from various reasons, including: 

1. a) errors/problems with the User’s hardware/equipment, network, software or errors in the software that is part of a third-party product and which the Portal, despite attempts to prevent and correct, cannot avoid;
2. b) other circumstances for which the professional is responsible according to the agreements;
3. c) viruses on the device used or other security threats that, despite the Portal’s preventive efforts, interrupt the service;
4. d) circumstances that constitute force majeure.

4.7 The Company is responsible only for the operation of the portal, which includes the provision of consultations between patients and professionals, such as the storage of information. The Company is not responsible for the healthcare, information, or recommendations provided by the professional to the patient in writing or during the consultation. 

4.8 Any interruptions or malfunctions affecting the availability of the Portal must be reported without delay to the Company’s customer service at support@psycare.it 

4.9 Any errors or malfunctions will be repaired as soon as possible, if this can be done without unreasonable cost or inconvenience to the Company. The Company reserves the right to rectify the error at its own expense, provided this can be done without unreasonable cost or inconvenience to the professional. 

4.10 The Company is not responsible for errors or malfunctions that occur due to any fault attributable to the professional. Furthermore, the Company is not responsible for any damages or personal consequences that may arise, directly or indirectly, from the improper use of the information provided, presented, or directed on the portal. The Company is therefore not responsible for consequential damages, lost profits, or other indirect damages. 

4.11 The Company shall in no way be held liable for the following: 

1. a) acts, facts, conduct, negligence, imprudence, or incompetence of the professional in the exercise of their professional activity, or in any other case in which the professional operates completely independently and under their own responsibility; the portal is limited to facilitating the relationship between the professional and the patient by providing simple IT technical support.
2. b) any disruptions, interruptions, suspension of services, the network, communication flows and any other failure of the portal, due to force majeure not attributable to the Company and independent of its will
3. c) In any case, the services provided by the Company pursuant to these terms and conditions of service shall be subject to applicable laws, with the related exemptions from liability provided and regulated therein, in favor of the Company, which will be considered, depending on the specific service in the specific case, a mere conduit, caching provider, or hosting provider. The Company provides no guarantee regarding the truthfulness and accuracy of the information provided by the professional and declines any liability for damages to persons or property resulting from the direct or indirect use of any information or advice obtained using the services offered by the Company. Patients are advised to consult their doctor whenever deemed necessary or appropriate. Professionals, for their part, are solely responsible to patients for the information they provide through the services offered. The Company does not perform any type of medical practice and is in no way involved in the interaction between professionals and patients, nor in the performance of any service that may take place following the online consultation. The Company merely provides technological support that allows users to access information and connect with various professionals through a document exchange and video consultation service.

5. Regarding intellectual property

5.1 Intellectual property rights and all trademark rights, as well as all documents and agreements used and disclosed by the Company on the portal, including, but not limited to, these Terms and Conditions of Use, belong exclusively to the Company. The Company therefore reserves the exclusive right to use the above-mentioned material. Any replication, modification, and/or other use of the Company’s material not expressly authorized in these Terms and Conditions of Service is strictly prohibited. The professional acknowledges and agrees that unauthorized use of the Company’s intellectual property rights, in addition to violating the Terms and Conditions of Service, may constitute a criminal offense. The Company reserves the right to take legal action in the event of unauthorized use of the Company’s intellectual property rights. 

5.2 Any intellectual property rights arising from the provision of the Company’s portal and/or other services to the professional belong exclusively to the Company. This exclusivity includes the right to modify and transfer such rights. 

6. Service requirements

The professional is committed to upholding the highest professional standards in providing patient consultations, maintaining a professional demeanor and attitude toward patients. The professional must conduct consultations in a private space appropriate for this type of service and guarantee the highest standards of privacy. 

In the case of audio and video consultations, only the professional is authorized in the room and is solely responsible for what happens during the consultation and is fully aware that the portal is merely the technical tool through which the consultation takes place. 

6.2 The professional undertakes to respect and not harm the Company’s image, avoiding any action with their patients or third parties aimed at discrediting the Company or the services offered. Furthermore, the professional undertakes to indemnify and hold the Company harmless from any damage that may arise from any liability whatsoever connected to the professional’s activity. 

6.3 The professional agrees that the Company will verify compliance with the Terms and Conditions of Service and, if necessary, collect information on patient satisfaction, relating solely to the use of the portal itself and not to the professional’s evaluation. 

6.4 The professional undertakes to process Patient data and all information exchanged on the Portal solely for the purpose of diligently providing professional services, in a manner that ensures their security. Furthermore, the professional undertakes not to communicate or disclose Patient or Company data to third parties in any way or for any reason. The professional must also promptly notify the Company of any requests for access, disclosure, or deletion of sensitive data entered and present within the portal by the professional. Any violation will be prosecuted. 

6.5 The professional and the company are both independent data controllers with respect to the activities performed using Patient data. Specifically, the professional is the data controller for data relating to the management of the healthcare relationship with the Patient, while the Company is the data controller for the registration of the professional and the patient, limited to access to the portal services. 

6.6 For the entire duration of the contract, in order to ensure the highest quality of service provided, the professional undertakes not to collaborate or enter into agreements with potential competitors of the Company for the provision of medical/healthcare services. Should this commitment not be respected, the Company has the right to terminate the contract with the professional and seek compensation for any damages caused by such breach. 

6.7 Recording of sessions 

The Portal allows the Professional to record, with the patient’s explicit consent, video sessions conducted through the platform, exclusively for clinical or documentation purposes. The registration conditions are as follows: 

• Registrations can only be activated via internal functions of the Portal. 

• They are stored in encrypted format and accessible only by the professional and not by the company that manages the platform. 

• They cannot be downloaded, but can only be viewed by the Professional via the Portal. 

• The Company has access to the recordings, but only as encrypted files; it is therefore unable to view (or extract) the images and audio contained within them. 

• The Professional is required to inform the patient before registration and to obtain consent via the Portal’s tools. 

• Any registration carried out outside the Portal, whether using other software tools or other registration systems, is expressly prohibited. 

6.8 The professional may legitimately access the personal and clinical data of associated patients, processing the data with the patients’ authorization for the sole purpose of carrying out the consultation requested by the patient. The professional is therefore the independent data controller of the data provided by the patient and of the clinical data produced by the patient during the consultation (e.g., medical reports), responsible for their security and agreeing not to disclose them. 

7. 7. Non-compliant use of the portal

7.1 The Company opposes all forms of unauthorized use of the account and the portal in violation of these general conditions and/or company procedures. Furthermore, recording (outside of the portal’s tools) of any patient consultation or the distribution of any material related to patient consultations is unauthorized. The Company will prosecute any unauthorized use of the account and the portal. 

7.2 The Company reserves the right, upon prior notice or notification to the professional, to remove information from the portal, close the professional’s account, or take other action for violations of the agreement, without assuming responsibility for the consequences of such actions, to protect the portal’s reputation or liability. In the event of suspension, the Company also reserves the right to terminate the agreement. 

7.3 If the Professional has violated the Agreement or used the Portal in an illegal or unauthorized manner, the Professional shall compensate the Company for any damages resulting from such actions (including, but not limited to, legal fees and other claims for compensation from third parties). 

7.4 The Company is obliged not to provide information on patients or other Professionals, unless expressly authorised by the interested parties. 

8. 8. Term of the contract and termination of the contract

8.1 The Agreement is valid until the account expires and from the moment the Professional registers an Account with the Company. The Professional always has the right to cancel the account, effective immediately. In the event of cancellation, the Company must promptly delete the cancelled account and all stored information relating to the Professional. 

8.2 The Company reserves the right to cancel the contract, effective immediately, if the professional breaches the agreement or if there is reason to suspect such a breach. In the event of such cancellation, the professional’s account will be closed and the agreement automatically terminated. Archived professional information will be deleted. 

8.3 A Professional who has been suspended from his or her account in accordance with this Article is not entitled to re-register without the express written consent of the Company. 

9. 9. Product Development and Changes to the Terms and Conditions

9.1 The Company reserves the right to modify the services offered and the portal’s features. The development of additional products and services may require changes to the agreement. Such changes will be communicated via pop-up messages, email, or other electronic means. The current terms and conditions will be available on the portal. 

9.2 The professional has the right to terminate the contract, with immediate effect, in the event that changes to the terms and conditions or the contract result in a significant change to the conditions of use of the service for the professional. 

10. 10. Force majeure

10.1 The Company is not obligated under any circumstances to provide compensation for damages caused by strikes, fires, government actions, labor disputes, accidents, errors or delays by subsidiaries, closures or malfunctions of public communications systems, or other circumstances and consequences beyond the Company’s control. Should any of these circumstances occur and persist for a continuous period of one month, both parties have the right to terminate the contract with immediate effect. 

11. 11. Notifications

11.1 The professional is required to provide the email address and telephone number to which they wish to receive confirmations, reminders, and other notifications from the Company. If the contact details change at any time during the term of the contract, the professional is required to promptly inform the Company. Cancellations or other notifications must be communicated via email. 

11.2 The notification is considered delivered: 

1. a) if sent by email, text message; when delivery to the recipient is confirmed;
2. b) if sent by registered mail, two days after sending to the postal service;
3. c) if sent by courier; upon delivery/acceptance by the recipient.

12. 12. Personal data

12.1 Personal data is processed in accordance with the separate Privacy Policy, which forms an integral part of this contract. The Company adopts appropriate technical and organizational measures (Article 32 GDPR) to protect personal data, including encryption and access segregation. The Professional is responsible for the security of his/her devices. 

13. 13. Prohibition of assignment of the contract 

13.1 The Company reserves the right to engage subcontractors to fulfill its rights and obligations under the Contract. 

14. 14. Jurisdiction and competent court

14.1 The agreement is governed by Italian law. Any disputes and proceedings will be subject to the jurisdiction of the Court of Campobasso. 

15. 15. Use of the portal outside the national territory

15.1 The Platform and Services are designed and intended exclusively for users in Italy, unless otherwise specified by the Company. The Company does not guarantee that the information and/or services provided through the Platform are applicable, appropriate, or available outside of Italy. Access to the Platform’s services from territories where any content and/or service may be illegal is prohibited. 

16. Technical requirements for accessing the platform

To receive services via the company’s video, chat, or audio solution, the user must ensure they meet the following technical requirements: 

1. have a device with Internet access running iOS, Android, Microsoft Windows, or Mac OS;
2. a broadband connection speed of at least 1 Mbps;
3. the most recent version of JavaScript enabled on your device;
4. microphone and camera installed and enabled on the device;
5. the current version of Chrome or other similar browser installed on the device with the applications necessary to connect to the Platform;
6. Microphone and camera must be installed and enabled on the device.