Terms and conditions

Terms and Conditions (T&Cs)

for the use of the ThePsy app

1. Scope

These Terms and Conditions govern the use of the ThePsy app (hereinafter “ThePsy”), which offers psychological counseling and support by qualified professionals.

Your access to and use of our online platform through which psychological counseling is offered are governed here (collectively, the “Platform”). This website is owned and operated by ThePsy in Germany (info@thepsy.de). The Platform may be offered or made accessible via multiple websites or applications, whether operated by us and/or by third parties, in particular via the website www.thepsy.de and the associated apps.

By accessing or using the Platform, you agree to this agreement. You should read this agreement carefully before you begin using the Platform. If you do not agree with any provision of this agreement, you must not access the Platform.

When the terms “we”, “us”, “our” or similar are used in this agreement, they refer to a company that owns and operates the Platform (the “Company”).

The provider of the app is:

ThePsy GbR
Peter-Rosegger-Str. 4, 85757 Karlsfeld
info@thepsy.de

2. Therapists and Therapeutic Services

The Platform serves as an intermediary between users and independent providers of therapeutic services (“Therapists”). Depending on applicable law, these Therapists may have different qualifications and professional experience. The provision of the therapeutic services (“therapeutic services”) is carried out independently by the respective Therapist via the Platform.

Qualifications of Therapists

We require that all Therapists offering therapeutic services via the Platform are properly registered, trained, and experienced professionals. This includes, in particular, counselors, psychologists, social workers, or therapists with a relevant academic degree in the respective field. Each Therapist must have at least three years of professional experience and be qualified by the competent professional and/or specialist association. Qualification is based on successfully completed training, examinations, further education, and practical requirements.

For clarification: The Therapists on this Platform, including the associated mobile applications and websites, are each listed with their academic degree and/or professional title as well as the corresponding qualifications in accordance with the standards in the United States, the United Kingdom, Australia, Germany, the Netherlands, or France, where applicable.

Therapeutic Services

The therapeutic services offered via the Platform are provided exclusively by independent third parties (“Therapists”). These Therapists act under their own responsibility and are not in any employment, agency, representation, or other service relationship with the Platform operator. The Platform merely provides the technical infrastructure to enable the connection between users and qualified Therapists. The Company itself does not provide medical or psychotherapeutic services and is not a healthcare institution.

Responsibility for the content, scope, and quality of the therapeutic services lies exclusively with the respective Therapist. If the services received do not meet your expectations or needs, you may request a change to another Therapist active on the Platform at any time. Due to country-specific legal requirements, certain Therapists may not be continuously or always available. If a Therapist discontinues use of the Platform after an existing connection, you will be notified by email. In this case, you will be offered the option to be assigned to another Therapist.

We hope that the therapeutic services are helpful and supportive for you. However, you expressly acknowledge that these services are not suitable for every situation or person and do not constitute a full alternative to in-person medical or psychotherapeutic care. This applies in particular, but not exclusively, to serious conditions such as acute substance abuse, eating disorders (e.g., anorexia nervosa), or other complex mental disorders that require immediate in-person care.

Important Notice in Emergencies

If you are in an acute crisis, are thinking about suicide, want to harm yourself or others, are in a medical emergency, or suspect that another person is in danger, please contact local emergency services immediately or call the relevant emergency number. An overview of crisis and emergency contacts can be found here:

Germany 112 or 116117
Austria 112
Switzerland 112
United Kingdom 999

The Platform is not designed for use in acute emergencies and the Therapists mediated through it are not authorized or able to provide help in such situations. If you use the Platform despite this notice, you do so at your own risk.

No Substitute for Clinical Diagnoses or Official Proof

The Platform is not intended for the creation of medical or clinical diagnoses. It is also not suitable if you need official proof, approvals, or certificates – e.g., for court-ordered therapies or the issuance of certificates.

Likewise, no recommendations regarding medication or medical treatments may be made or followed via the Platform.

You should never neglect, delay, or replace medical advice from a physician or other qualified medical professional because of information or recommendations you have received via the Platform.

Therapeutic Services in Germany and the Netherlands

If you use therapeutic services in Germany or the Netherlands, the following applies: The Therapist assigned to you provides exclusively non-insured and non-tariff-regulated services that fall within the scope of their professional qualification and experience.

Therapists in these countries are not authorized to make medical diagnoses, carry out treatments in the healing/medical sense, create tests or expert reports, issue specific therapy recommendations, or take any other measures that go beyond the scope of their non-medical and/or non-psychotherapeutic practice or that are equivalent to a reimbursable (insured) service.

The therapeutic services provided via the Platform are expressly not intended to be covered, in whole or in part, by statutory or private health insurance or other reimbursement bodies.

3.Scope of Services of the Plans and Use of the Chat Function

•General Provisions

ThePsy offers various plans and individual services. The specific scope of the selected plan, including in particular the type, number and duration of any live sessions included, is determined by the service description displayed during the booking or checkout process at the time the contract is concluded.

All plans include, where technically available, access to ThePsy's digital features, including the Journal, Mood Tracker and Affirmations.

•Basic Plan

The Basic Plan is primarily a chat-based psychological counselling service.

Clients may use the designated chat function to send up to five messages per day to a qualified psychologist assigned by ThePsy.

Under the Basic Plan, personal psychological responses to these messages expressly form part of the booked service. ThePsy generally guarantees a response from a qualified psychologist within 24 hours.

The 24-hour response period applies exclusively from Monday to Friday and does not apply on statutory public holidays. Saturdays, Sundays and statutory public holidays are not counted when calculating the response period.

If a message is received on a weekend or statutory public holiday, there is no obligation to respond on that day. The 24-hour response period begins on the next regular working day.

If part of an ongoing response period falls on a weekend or statutory public holiday, the response period is suspended for that period and continues on the next regular working day.

The assigned psychologist may voluntarily respond to messages on weekends or statutory public holidays. However, such voluntary responses do not create any entitlement to responses on weekends or public holidays, either in that instance or in the future.

The 24-hour response service subject to the conditions described above is a specific feature of the Basic Plan and does not apply to ThePsy's other plans.

Unless separately booked or expressly stated in the relevant service description, the Basic Plan does not include regular live sessions.

•Plus, Coaching, Couples and Other Plans Including Live Sessions

Plans that include live sessions with an assigned psychologist also provide access to a supplementary chat function. Clients may generally send up to five messages per day through this function.

However, this chat function does not constitute a 24-hour response service or continuous psychological counselling via chat.

In particular, clients using these plans have no entitlement to receive a response within 24 hours or within any other specific response period.

The assigned psychologist may respond to messages between sessions depending on availability, professional judgement and the individual course of counselling.

The chat function is primarily intended to allow clients to:

• share experiences, thoughts or changes occurring between sessions;
• record important events or situations;
• leave questions or topics to be discussed during the next session; and
• support communication and continuity between scheduled live sessions.

For these plans, the chat function does not replace a scheduled live session and does not create an entitlement to continuous or immediate counselling outside the agreed sessions.

•Single Sessions

Where a Single Session is booked, the service consists of the individual live session described during the booking process.

A Single Session does not include a 24-hour chat response service. Where a chat function is technically available in connection with a Single Session, no specific response time is guaranteed unless expressly agreed otherwise.

•Distinction Between Chat Services

The essential distinction between the Basic Plan and the other plans regarding the chat function is that, under the Basic Plan, psychological communication via chat constitutes a principal component of the purchased service and includes a response within 24 hours, subject to the working-day, weekend and public-holiday provisions described above.

Under Plus, Coaching, Couples and other plans including live sessions , the chat function is instead a supplementary means of communication between sessions. No specific response time is owed.

The number of messages that may be sent therefore does not create an entitlement to receive an equivalent number of responses or to receive a response within any particular period.

•No Emergency or Crisis Service

The chat function and other services provided by ThePsy are not intended for medical or psychiatric emergencies, acute risk of harm to oneself or others, or other situations requiring immediate professional intervention.

In such circumstances, clients must immediately contact the appropriate local emergency services, medical emergency services or crisis services.

•Contract Term and Cancellation

The Basic Plan has an initial minimum contract term of three months. Ordinary cancellation resulting in termination before the end of this minimum term is excluded. The right to terminate the contract for good cause remains unaffected.

After the initial three-month minimum term, the Basic Plan continues for an indefinite period and may be terminated with one month's notice.

ThePsy's other subscription plans may be cancelled on a monthly basis unless a different legally permissible contract term has expressly been agreed when the contract was concluded.

Individually booked services, including Single Sessions, are not continuing subscriptions and end once the booked service has been fully provided.

The applicable price, payment interval and specific scope of each plan are displayed to the client during the booking or checkout process before the contract is concluded.

4. Eligible Users

Use of the Platform and the services offered is reserved exclusively for adult natural persons who have full legal capacity.

Minors are excluded from using the Platform. Registration, use, or use of the services in the name of or for the benefit of minors is not permitted.

We reserve the right to block or delete user accounts if there are indications that the Platform is being used contrary to this rule by or for the benefit of a minor.

5. Not a Medical Product

Notice regarding medical devices and digital health applications (DiGA)

The content, applications, and services offered via our Platform are currently neither a medical device within the meaning of Regulation (EU) 2017/745 on medical devices (MDR) nor a certified Digital Health Application (DiGA) within the meaning of Section 33a SGB V.

The services offered serve general informational and support purposes in the area of mental health and are provided by qualified psychological professionals such as psychologists and therapists. However, they do not replace a medical diagnosis, medical treatment, or acute psychiatric care.

It is intended to have certain functions or applications of our Platform certified in the future as a medical device and/or Digital Health Application (DiGA) and, where applicable, to include them in the DiGA directory of the Federal Institute for Drugs and Medical Devices (BfArM). In the event of successful classification and approval, these products will be appropriately identified and provided in accordance with legal requirements. The use of such functions is exclusively based on the respective valid instructions for use, safety information, and the relevant declarations of conformity.

Please note that in the event of health complaints, in particular acute psychological crises or medical emergencies, a physician, a medical doctor, or a medical emergency service must be contacted immediately. Our Platform is not designed for acute emergency care.

6. Conclusion of Contract

A contract for counseling is concluded as soon as the user books and confirms a consultation appointment via the app. As soon as an appointment has been booked, the withdrawal period expires. Billing is carried out in accordance with the agreed prices, which can be viewed before booking.

6.1 Subscription and Membership

We offer different subscription models to which monthly billing applies. The subscription you have chosen renews automatically for the respective booked period unless it is cancelled in due time at least one month before the start of the next billing period.

By selecting a paid, recurring subscription, you agree to the regular payment of the corresponding fees and assume responsibility for paying these amounts on time until proper cancellation.

After entering your payment details and successful payment processing, the amount for the subscription will be invoiced to you immediately. Please note that it may take some time until a suitable therapist is assigned to you.

You can cancel your membership at any time without stating reasons. To avoid further billing, the cancellation must be made before the start of the next billing period (e.g. the contract begins with the conclusion on 07.07. and initially has a fixed term until 06.08. If an ordinary cancellation is made by one of the contracting parties within this term, the contractual relationship ends on 06.09. In the event of a timely cancellation, all contractual services and obligations remain in effect until the end of the contract.) If no cancellation occurs within the stated term, the contract renews automatically in accordance with the respective agreed conditions. Unused services (e.g. video, telephone, or text sessions) within a billing period and within the week expire at the end of that period and cannot be transferred to the next period.

We reserve the right to reasonably adjust prices and subscription conditions, taking into account the legitimate interests of both parties, in particular in the event of increased operating costs, legal changes, inflation, or an expansion of the scope of services. The price change becomes effective at the beginning of the next billing period, but no earlier than four weeks after receipt of the corresponding notice. In this case, you have the right to cancel the subscription at the end of the current billing period. Continued use without objection is deemed consent to the amended pricing.

Right of withdrawal:

If the user is a consumer within the meaning of Section 13 BGB, they are generally entitled to a statutory right of withdrawal of fourteen (14) days from the conclusion of the contract pursuant to Section 355 BGB when concluding a paid subscription.

However, the user expressly agrees that ThePsy will begin performing the contractually owed services before the expiry of the withdrawal period. At the same time, the user confirms that they are aware that the right of withdrawal expires pursuant to Section 356(5) BGB upon commencement of performance of the service.

In particular, commencement of performance of the service includes the first use of the Platform, sending messages in the chat, booking or conducting an appointment, as well as any other use of therapeutic services via the Platform.

In the event of an effective withdrawal before commencement of performance of the service, payments already made will be refunded in full.

Cancellation of sessions:

Free cancellation of already agreed session appointments is possible up to no later than 24 hours before the scheduled appointment. If the cancellation occurs less than 24 hours before the agreed appointment, or if the client does not attend the appointment without excuse, we reserve the right to charge a cancellation fee of €20 in addition to the agreed monthly fees. In this case, the entitlement to the session unit for the respective week expires without replacement.

If the cancellation occurs more than 24 hours before the appointment, it is possible to arrange a replacement appointment within the same calendar week, provided the therapist makes additional appointments available. A rebooking fee of €15 will be charged for the rescheduling.

This rule serves to ensure binding appointment scheduling and to maintain fair and reliable conditions for all contracting parties.

Assignment of therapists:

The assignment is based on various criteria, in particular your place of residence, the information you provide during the registration process, and the availability of suitable therapists. We take into account professional qualifications, experience, specializations, and personal preferences (e.g. language or gender). All professionals working with us meet the applicable professional legal requirements and have the required qualification in their area of responsibility.

Availability and technical limitations:

We strive to provide the Platform permanently and without disruptions. However, the service may be temporarily unavailable due to maintenance work, technical disruptions, force majeure, or other important reasons. In such cases, there is no entitlement to uninterrupted use. We endeavor to announce planned maintenance in advance and to keep downtime as short as possible. A refund is provided only if the unavailability significantly impairs a material portion of the booked services and we are responsible for it.