Terms and conditions of use for users 

1. Scope of application.

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 IT00900060708, (hereinafter referred to as “Society”) and the user (hereinafter referred to as “user”) in relation to the use of the company’s web and/or mobile applications (hereinafter referred to as “portal”) to receive assistance services, for this purpose you will register your account (hereinafter referred to as “account”) on the portal which is required to truthfully provide all the requested information. 

1.2 Through the portal, users can consult with professionals who may be authorized healthcare providers (e.g., doctors and psychologists) or non-healthcare service providers (if the service does not qualify as healthcare). Services (hereinafter referred to as “services”) can be booked and/or provided through the platform’s audio, video, content sharing, and integrated messaging features, or even in person (in the office or at home, if the appointment is booked via the digital platform and then delivered in person). The user describes their condition to the professional who, after performing an assessment, may diagnose the problem and recommend treatment, which may or may not include the prescription of medications, laboratory tests, or specialist visits. To support professionals remotely, the portal also offers additional features such as a real-time chat to connect users and professionals, electronic medical records, questionnaires and tests, remote monitoring, triage support tools, the ability to generate electronic medical prescriptions, and integrated booking, invoicing, and payment services. The user acknowledges the risks associated with the lack of physical contact and the doctor’s clinical gaze, the impossibility of a complete consultation, and the impossibility of immediate physical intervention in emergencies. 

1.3 The Company merely provides an intermediary service between the user and the professional and should therefore not be considered a professional in any way. The agreement between the user and the Company therefore gives rise exclusively to a service contract relating to the provision of a technical and IT solution necessary to establish the relationship with the professional chosen by the user. The Company is therefore not responsible for the nature or quality of consultations or other medical services provided in the context of a consultation. Pursuant to applicable law, the Company operates exclusively as a provider of the portal that allows intermediation between the professional and users, and should never be considered a “healthcare service provider.” 

1.4 The person wishing to use the services provided through the portal is the user, who enters into an agreement with the Company by creating an account in accordance with current guidelines. Consequently, by registering an account on the portal, the user accepts the terms and conditions of use described below. 

1.5 The user acknowledges and declares to be fully aware that: 

1. a) the remote consultation is not a substitute for a visit carried out by the doctor in the presence of the user;
2. b) the lack of a visit limits the doctor’s ability to obtain complete information on the user’s clinical conditions;
3. c) during the remote consultation, the emotions expressed by the therapist may be indicated in real time and these may be recorded together with the video and audio of the session itself, and this information may be viewed exclusively by the therapist who created the video consultation and not by the company providing the service.
4. d) the clinical indications provided with the Remote Consultation are based exclusively on the information made available by the user;
5. e) the Doctor, the National Health Service, and the postal service provider will have no responsibility for the accuracy and/or completeness of the information received, or entered directly into the portal, by the user;
6. f) remote consultation is not a suitable tool for managing emergency situations and does not replace a visit to the doctor in the presence of the user;
7. g) in case of emergency, the user must immediately call 112 or go to the emergency room;
8. h) any delay in providing the Consultation as well as the impossibility of accessing the service for technical reasons of any nature does not entail liability for the Doctor for the consequences that may arise for the user from such situation.
9. i) the company cannot be held liable in any way for delays or malfunctions of the portal due to unforeseeable circumstances, beyond its control, or force majeure, including, but not limited to, natural disasters, adverse weather conditions, sabotage, fires, floods, earthquakes, national strikes, legal provisions and/or orders from public and judicial authorities, malfunctioning of the portal resulting from the interruption or incorrect functioning of third-party platforms and/or web connections, telephone lines, electricity lines, and global and/or national networks, such as, but not limited to, breakdowns, overloads, and interruptions.

1.6 The user is responsible for ensuring that all personal data provided upon registration with the Company is relevant, accurate, and up-to-date for the duration of the contract. Any potential changes to this information must be reported to the Company promptly by email. support@psycare.it . 

1.7 By activating a service with a professional, the user establishes a contractual relationship directly with the professional chosen to perform the service, with or without payment. The company, therefore, is not a party to the agreement between the user and the professional for the performance of any service. 

1.8 If connecting to the professional is not technically possible, or any type of difficulty arises before or during the service, or if loading the portal for the connection takes too long, the user is strongly advised to contact a medical center or other healthcare or professional assistance services directly, especially in cases of emergency. 

1.9 The services made available by professionals on the portal must not be used by users who: 

1. a) Require hospital treatment;
2. b) suffer from serious symptoms that may pose an imminent threat to life or health (for example, unconscious users, users with severe allergic reactions, users with uncontrolled bleeding), or who experience one or more of the following symptoms or who require medical assistance in relation to, for example, but not limited to, one of the following problems:

Sudden severe chest pain; 

arrhythmias; 

sudden shortness of breath; 

sudden severe stomach pain; 

persistent vomiting; 

poisoning by drugs, chemicals or gases; 

severe burns; 

sunstrokes; 

cold body; 

fractures, falls from a height; 

road accidents; 

electric shocks; 

drowning; 

1.10 These Terms and Conditions of Use, as well as any instructions, policies, and additional information relating to the Service, are available on the Portal. 

2. General information about accounts and the portal

2.1 Adherence to the contract, registration of an account and access to the portal are only possible on condition that the user has a valid personal tax code and is eighteen (18) years of age. 

2.2 You are responsible for all actions relating to the use of your account. Your account may only be used by the user to whom the account is registered and may not be used by, or transferred to, another person. The only exception to this rule is for legal guardians who may use their account on behalf of a minor, provided that the minor is under the age of eighteen (18). The Company assumes no responsibility for any misuse by third parties or any consequences or potential harm that may arise from such misuse. 

2.3 The user is responsible for ensuring that the account is used in accordance with these Terms of Use, as well as any other conditions communicated on the Platform, for the duration of the agreement. The user is solely responsible for the information he/she submits to the Platform and, consequently, assumes full responsibility for its content. 

2.4 By registering an account on the portal, the user 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, available on the portal. 

2.5 By opening an account on the portal, the user 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 and push notifications. The user has the right to cancel this form of communication at any time after registering an account. The Company is responsible for fulfilling this request without delay. 

2.6 To withdraw consent to the processing or delete all personal data, write to support@psycare.it  

3. Rates and payment

3.1 Registration on the portal is completely free 

3.2 Any fees for consultations with professionals are indicated directly by each individual professional and may even be zero if the service provider does not request any monetary compensation. The Company, acting merely as a technological operator supporting the interaction between professional and user, may use its technology to collect the fee owed by the user on behalf of the professional. 

4. Obligations of the Company

4.1 Subject to the limitations described in this article, the Company 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 Company is responsible for ensuring the Portal’s compliance with applicable regulations regarding the provision of remote services. The Company assumes no liability for data loss within the limits set by applicable legislation. 

4.3 The Company is not responsible for the content shared between users and professionals within the portal. 

4.4 The Company takes every care to ensure the continued availability of the portal. 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 the professional is made by the user, the Company does not intervene in any way on this choice 

4.6 The Company 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 Company, 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 Company’s preventive efforts, interrupt the service;
4. d) circumstances that constitute force majeure.

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

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 merely facilitates the relationship between the professional and the user 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 damage to persons or property resulting from the direct or indirect use of any information or advice obtained using the services offered by the Company. It recommends that users consult their doctor whenever deemed necessary or appropriate. Professionals, for their part, are solely responsible to the user 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 users, 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. 

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

6. 6. Improper use of the portal

6.1 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 user consultation or the distribution of any material related to user consultations is unauthorized. The Company will prosecute any unauthorized use of the account and the portal. 

6.2 The Company reserves the right, with prior notice or notification to the user, to remove information from the portal, terminate the user’s account, or take other measures 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. 

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

6.4 The Company is obliged not to provide information on users or other professionals, unless expressly authorized by the interested parties. 

7. 7. Duration of the contract and termination of the contract

7.1 These Terms and Conditions and your agreement to them remain valid and effective until further notice and from the moment you register an account with the Company. You always have the right to cancel your account, effective immediately. In the event of cancellation, the Company must promptly delete the cancelled account and all stored information relating to you. 

1. a) These terms and conditions will remain in force indefinitely until terminated by either party by giving 14 days’ notice to the other party (except in the case of breach of contract).
2. b) The Company reserves the right to update these terms by providing the user 14 days’ notice if this is necessary due to updates to the Company’s technical solution, the Platform, or for other unavoidable reasons requiring a contractual modification. The reasons for the modification will be communicated to the user clearly and comprehensively, without prejudice to the user’s right of withdrawal.
3. c) If any provision of these terms and conditions is held to be void or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be replaced by a relevant statutory provision.

7.2 The Company has the right to cancel the Agreement, effective immediately, if the User breaches the Agreement or if there is reason to suspect such breach, if the User does not rectify such breach within thirty (30) days of written notification. In the event of such cancellation, the User will be terminated, whereby the Agreement is automatically cancelled. Any information about the User that has been stored will be removed promptly. 

7.3 A user who has been suspended from his or her account in accordance with this article is not entitled to re-register without express permission from the Company. 

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

8.1 The Company reserves the right to modify the scope and features of the account and the portal. Product and service developments may affect, but are not limited to, layout, content, or features and may require changes to the Agreement. Such changes will be communicated via the Platform and/or by email. The current terms and conditions will be available on the portal. 

9.2 The user 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 material disadvantage for the user. 

9. 9. Force majeure

9.1 The Company does not provide any compensation for damages caused by strikes, fires, actions of government authorities, 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, which the Company cannot reasonably explain and which the Company could neither avoid nor control. In the event that a circumstance falling within this article persists after a period of one (1) month, both parties have the right to terminate the contract with immediate effect. 

10. 10. Notifications

10.1 The user must 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 user is required to promptly inform the Company. Cancellations or other notifications must be communicated via email. 

10.2 The notification is considered delivered: 

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

11. 11. Personal data

11.1 The information on the processing of personal data on the Company’s website illustrates in detail how the Company processes personal data. 

12. 12. General conditions

12.1 The user may not transfer the contract and/or its obligations or rights to third parties. 

12.2 The Company reserves the right to engage subcontractors to fulfill its rights and obligations under the contract. 

13. 13. Jurisdiction and Competent Court

13.1 The agreement is governed by Italian law. Any disputes and proceedings will be subject to Italian jurisdiction, with the competent court being that of Campobasso. 

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

14.1 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. 

15. 15. 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.