Terms and conditions of use of the www.pleso.me platform services
The Regulation in its current version enters into force on August 27, 2024.
§ 1.
GENERAL PROVISIONS
The Regulations define the general principles and manner of providing Pleso Therapy services electronically in accordance with Article 8 (1) (1) of the Law on the Provision of Services in Electronic Form, as well as the conditions for concluding contracts between Pleso Therapy and the User using the Platform located at www.pleso.me.
The Terms are a standard agreement concluded between Pleso Therapy and the User.
For parties to submit statements of intent, such statements must be submitted in writing or electronically in such a way that the party to whom the statement is addressed can familiarize themselves with its contents.
The Functionality and Services may be used by persons with full legal capacity, in accordance with § 2(p) and § 3(5)".
An integral part of the Terms and Conditions is the privacy policy, which can be found at https://pleso.me/en/legal/privacy-policy
When using the Platform, the User is prohibited from providing illegal content, violating the current legislation of the Republic of Poland, or moral standards.
The User is obliged to refrain from any activity that may negatively affect the proper functioning of the Platform, including, in particular, any interference with the content of the Platform or its technical elements. It is also prohibited to use the Platform for purposes that contradict its purpose.
The use of the Platform is free of charge for the User. The costs of connecting to the Platform via the Internet or other methods of data transmission are borne by the User.
You can contact Pleso Therapy by: a) mail, to the postal address: ul. 12 Lutego 25/7, 82-300 Elbląg; b) electronic messages to the Pleso Therapy email address: hello@pleso.me; c) contact form posted on the Platform.
§ 2.
DEFINITION
The terms used in these Regulations have the following meanings:
a) Email address - the email address specified by the User in the Form;
b) Form - a registration form, the completion of which is necessary for the correct use of the Functionality, including, in particular, the provision by the User of an email address and phone number;
c) Functionality - means all functionalities offered by PlesoTherapy in electronic form on the Platform as specified in the Terms of Use, with the proviso that access to a certain Functionality, including, in particular, Subscriptions, is possible only after the User registers and creates a User Account and purchases a certain Subscription (including payment of the applicable fee);
d) Account - an individual User account created by correctly filling out the Form, which allows you to use the Services provided on the Platform;
(e) Payment Processor - means the Stripe platform, which is provided by Stripe, Inc., 354 Oyster Point Boulevard, South San Francisco, California, 94080, USA. For more information: https://support.stripe.com ;
f) Billing Period - a specific period of time, repeated in cycles, covered by a contract concluded for an indefinite period (automatically renewed Subscription), during which the User has access to special functionalities of the Platform for which he is obliged to pay. The billing period lasts from the date of conclusion of the contract or the start of the following access cycle to the last day of the current cycle. The billing period is calculated in fixed time cycles, the duration of which is specified in detail in the description of the Subscriptions available on the Platform.
g) Platform - a website at https://pleso.me/, which is a tool that allows, among other things, contact between the Specialist and the User, search for a Specialist of a particular specialization, and arrange a meeting with a Specialist for therapeutic sessions;
h) Pleso Therapy - an entity that, within the framework of its activities, provides intermediary services between Platform users and Therapists, i.e., Pleso Therapy sp. z oo with its registered office in Elblag at the address: ul. 12 Lutogo 25/7, 82-300 Elblag, registered in the National Court Register by the District Court in Olsztyn, VIII Economic Division - National Court Register under number KRS: 0000980227, REGON: 522652856, NIP: 5783155594;
i) Therapist Profile - a set of information about the Specialist, posted on the Platform in the form of a subpage of the Platform with a unique URL;
(j) Regulations - these Regulations for the provision of PlesoTherapy services;
k) Subscription - a service provided to the User, which consists of the cyclical sale by Pleso Therapy to the User of special functionalities on the Platform and the ability to use the Service, in the amount that depends on the selected type of Subscription (in accordance with the choice of the Subscription type by the Subscriber). The Subscription Price, which the User will be obliged to pay under the concluded purchase and sale agreement, will each time be indicated in the result of the Subscription order on the Platform;
l) A "Therapist" is defined as a qualified mental health professional who possesses one of the following credentials: psychological therapist, chartered psychologist (counselling/forensic/clinical), psychotherapist, counsellor, psychotherapeutic counsellor, or therapist. Registered with an appropriate professional body that holds accreditation from the Professional Standards Agency (PSA) for Health and Social care. The Therapist must possess the requisite knowledge and experience relevant to the services provided and must ensure the consistent and reliable delivery of those services. To join the Platform, the Therapist must accept this Offer and create an Account on the Platform.;
(m) Contract - a contract for the provision of electronic services;
n) Service - psychological, psychiatric, psychotherapeutic, and other similar services provided by a Therapist with a Therapist Profile on the Platform to Users, the search, booking, change, or cancellation of which is carried out using the Platform;
o) User - any visitor or user of the Platform or any person to whom the Services are provided.
p) Minor User - a person under the age of 18 for whom the Services may be provided. An account for such a user is created by their parent or legal guardian.
§ 3.
FUNCTIONAL CAPABILITIES
To start using the Functionality and Services, the User must complete the following steps: (a) be familiar with all provisions of the Rules of Procedure; b) correctly fill out the Form by the User by providing reliable personal data required in the Form and declaring acceptance of the Terms by checking the appropriate field of the Form; (c) Verify the data entered in the Form and send it to Pleso Therapy for processing.
The User's fulfillment of all the conditions set out in paragraph 1 above results in the conclusion of an Agreement for the provision of services by electronic means between the User and Pleso Therapy within the framework of the Functionality available on the Platform, in accordance with the principles set out in the Regulations.
The User's performance of the specified actions will allow Pleso Therapy to create an Account on the Platform in accordance with the data provided in the Form. PlesoTherapy may refuse to create an Account with a specific name if it is already used by another entity within the Platform, is contrary to the law, or violates the legitimate interests of Pleso Therapy. Creating a User Account allows the User to, among other things, send messages, book appointments, pay for Services, make and receive statements of intent and awareness.
By concluding an Agreement within the framework of which the functionalities will be offered, the User agrees to the provision of these services.
The Platform offers Services that are provided for the benefit of a Minor User. In such a case, before providing the Services, it is necessary to obtain the consent of one of the parents or legal representatives of such User. In the case of a Minor User who has reached the age of 16, their consent is additionally required. Without the consent obtained, the Services cannot be provided to a Minor User.
If the Service is provided to a Minor User, the parents or legal representatives of the Minor User also have the right to be present at the therapy session together with such Minor User. The decision on the presence of the parents or legal representative during the session is made by the Therapist, also taking into account the circumstances and views of the Minor User.
Due to the Professional's professional secrecy, the parents or legal representatives of the Minor User do not have the right to require the Specialist to provide them with all information that they have learned in the process of delivering the Services. The information provided to the parents or legal representatives may be limited to conclusions and recommendations regarding the treatment of the Minor User.
The agreement between the User and Pleso Therapy for the provision of electronic services on the Platform is concluded for an indefinite period.
The services provided by Pleso Therapy and therapists on the Platform may be free or paid in accordance with § 6 of the Terms and Conditions.
Free services available through the Platform include, but are not limited to: (a) obtaining information about therapists, their specialties, forms of communication, booking appointments, reviews of therapists, the amount and forms of remuneration for sessions, how these services are provided, and where they are provided; (b) notification of appointments or changes to appointments within the Services; (c) a newsletter service; (d) access to specific articles and other publications available on the Platform; (e) providing the opportunity to express your opinion about the Specialist.
Pleso Therapy reserves the right to introduce a fee for any functionality offered on the Platform, of which it undertakes to inform Users in advance by email.
The services provided by the Specialists are performed in each specific case exclusively by the Specialist selected by the User. They are carried out through sessions conducted by the Specialists exclusively online using technical devices that allow for a session between the Specialist and the patient remotely.
The terms of provision of Services by Therapists are available on the Platform in the Therapist's profile.
The User can sign up for a session with the desired Specialist by logging into their account on the Platform, selecting the desired Specialist and date from the available ones, and then sending a request for a session to the Specialist. The session is possible after the Specialist and the fee accept the invitation, provided the fee is paid in accordance with § 6 of these Terms.
Each session between the User and the therapist lasts 50 minutes, or another set amount of time as needed/type of service.
§ 4.
SUBSCRIPTION
When placing an order for a Subscription, the User selects the Subscription type in the text of the form, indicating on the PlesoTherapy Platform the type of Subscription ordered. When the User places an order, a subscription agreement is concluded. The order is confirmed by an email sent by PlesoTherapy to the email address specified in the order form.
The conclusion of a Subscription purchase and sale agreement implies the obligation to pay the Subscription price determined by PlesoTherapy, depending on the Subscription type chosen by the User. The price list for Subscription types is provided on the Platform.
To conclude a Subscription Agreement, it is necessary that (a) the User is of legal age within the meaning of the Civil Code of the Republic of Poland; (b) the User has a User Account; (c) the User remains logged in throughout the purchase process; (d) the User has accepted the content of these Terms and any other terms and conditions specified and available within the purchase process; (e) the User has made the appropriate payment and the User has made a positive verification of the payment of this payment. The prices indicated on the Platform are gross (i.e., including all taxes applicable in the territory of the Republic of Poland) in Polish zlotys (PLN), Ukrainian hryvnias (UAH), British Pounds (GBP) and euros (EUR).
After concluding the contract, the user will receive a confirmation of the agreement sent to the email address provided by the user, as well as confirmation of the user's consent to make cyclical payments by debiting funds from their payment card (open-ended contracts).
A fixed-term contract allows the User, in exchange for a one-time payment, to access the Subscription of his choice for a predetermined period, after which the contract becomes an indefinite contract. The User can also purchase a Subscription option without an automatic renewal function - for example, an Individual Session or a subscription for a fixed number of sessions (4, 8, 12, 20, or another number of sessions depending on the technical capabilities of the Platform).
By placing an order, the User is obliged to pay for the ordered Subscription. After selecting the payment method for the ordered Subscription, the User may be redirected to the billing service of the Payment Service Provider to make the payment.
Pleso Therapy may offer the User a Subscription in the form of a contract for a fixed period or for an indefinite period. In each case, information about the type of contract to be concluded will be provided as part of the purchase process carried out by the User. The term of validity of a standard contract for a fixed period (subscription) is 180 days from the date of purchase, in the case of an Individual Session, until the end of the session.
As part of the Subscription, the User will have access to special features of the Platform and the ability to use the Service to the extent that depends on the selected type of Subscription. Access to special features of the Platform as part of the Subscription requires the User to remain logged in.
Payments, if you choose a subscription with an automatic renewal option, are charged by Pleso Therapy automatically (payment for automatic renewal) at the beginning of the relevant billing period. Payment is made by debiting the payment instrument used by the User for this purpose, the corresponding amount payable for the relevant Billing Period.
The User may cancel the Subscription at any time without giving any reason. Suppose the Subscription was purchased through the Platform. In that case, cancellation is made by accessing the User panel (within the Account) and deactivating the automatic payment renewal option or by contacting the email address hello@pleso.me. Such a statement must be made no later than 24 hours before the end of the relevant Billing Period. The Agreement shall terminate only at the end of the Billing Period for which the last payment was made, and upon termination of the Agreement, the User shall lose access to the special functionalities of the Platform. Before the end of this period, the User may cancel their decision by logging into their Personal Account and activating the automatic payment renewal option.
The User is not entitled to a refund for already paid Billing Periods, including Subscriptions. Still, funds may be refunded for an Individual Session if the conditions of clause eight are met.
After the subscription is terminated, the User will need to purchase the selected subscription again to regain access to special features on the Platform that were available under the terminated subscription.
Pleso Therapy allows you to upgrade your subscription during your billing period without having to place a new order.
To upgrade to a higher Subscription type without placing a new order, you must select the new Subscription type on the special Subscription page on the Platform and accept its terms. As a result of the change, the existing Subscription will be shortened, and the new Subscription will be activated once the User changes their Subscription type.
The term of the existing Subscription type will be reduced in proportion to the standard (excluding any promotions) price of the new Subscription type, which can be used immediately, and the fee for the new Subscription type will be charged from the end of this reduced period.
The User may cancel the change within 14 days without giving any reason. To cancel, please send an email to: hello@pleso.me. The desire to withdraw is sufficient. In case of cancellation, the higher type of Subscription will be deactivated, and the User will gain access to the previous type of Subscription. PlesoTherapy will notify the User of the amount of the refund, if any, in connection with the cancellation, proportional to the time of use of the higher type of Subscription. The refund will be made in the same way as the payment, within 14 days of cancellation of the Subscription. Still, this period does not take into account a possible delay on the part of the payment system or the User's bank, which is not the responsibility of Pleso Therapy.
§ 5.
TECHNICAL CONDITIONS
To provide services through the Platform, the following minimum technical requirements for equipment and Internet connection are required: - a stable Internet connection with a speed of at least 5 Mbps (both for upload and download) - a permanent connection is recommended (wired or wireless Wi-Fi); - a device with an up-to-date version of the web browser - browsers are recommended: Chrome; - Have a device with a microphone and a camera, and check the serviceability of these devices before the session.
By concluding the Agreement, the User confirms that he has read the technical conditions that allow for the correct use of the Platform.
§ 6.
REWARD AND PAYMENT METHOD
The remuneration for the provided Functions and Services is contractual and includes value-added tax (in cases where the remuneration is not exempt from value-added tax).
Once the User has performed an action that resulted in the selection of the Service to be provided to him, he is obliged to pay all relevant fees.
The User undertakes to pay the fee before the start of the Service. Failure to pay this fee does not entail any obligation on the part of the Specialist to provide the Service.
Payment for services is made electronically through the Payment Service Provider.
The fee is considered paid after the funds are credited to the Pleso Therapy bank account.
Pleso Therapy will issue an invoice at the User's request, after the User provides the necessary data for its issuance.
§ 7.
RIGHTS AND OBLIGATIONS OF THE PARTIES
Pleso Therapy agrees to offer you the Functions in accordance with their content and the provisions of the Terms of Use, including: a) undertakes to keep confidential information related to the User and obtained under the Agreement, in particular regarding the provision of Services by Specialists. The obligation to maintain confidentiality is not limited in time. (b) be guided by a data protection policy that complies with the provisions of Regulation 2016/679 of the European Parliament and of the Council (EU) of 27 April 2016 on the protection of natural persons about the processing of personal data and on the free movement of such data; c) be liable for non-performance and improper performance of the Agreement, except in cases where non-performance or inappropriate performance is a consequence of the User's act or omission, the act or omission of a third party, or force majeure; d) may withdraw from the Agreement in accordance with the provisions of the Terms; e) Within the framework of the concluded Agreement, there is no obligation to offer the Functionality of a paid nature, including, in particular, the appointment of therapeutic sessions, in the absence of payment by the User; f) has the right, within the framework of the concluded Agreement, to terminate the provision of the Functionality in the event of illegal or offensive transmission of information by the User; g) has the right to suspend the operation of the Platform in the event of ongoing work on the operation and maintenance of the Platform, software, and technical devices related to it; h) has the right to block the account of the User who violates any of the provisions of the Terms of Use or applicable law; i) PlesoTherapy is not liable for the consequences of the functionalities offered by Pleso Therapy to the User if the User causes the Services to be provided in a manner that contradicts the provisions of applicable law or the provisions of the Terms of Use. In particular, Pleso Therapy is not responsible for any interruptions or difficulties in conducting a session caused by a low-quality or unstable Internet connection on the part of the User, as well as non-compliance with the technical conditions specified in § 5 of the Terms of Use; j) About the Functionality, due to the provision of services under the Agreement consisting solely of subcontracting, and due to the professional nature of the Specialist's activities, Pleso Therapy is not responsible for the provision of Services by the Specialist to Users.
The Platform User: a) has the right to use the Functionality in accordance with the Agreement and the provisions of the Terms, including, in particular, the right to communicate with Pleso Therapy electronically, book sessions, change or cancel them, as well as make and receive declarations of intent and awareness electronically via email or the Platform; b) has the right to express and post their opinion about the Specialist whose services they used through the Platform; c) may file a complaint in accordance with the provisions of the Regulations; (d) has the right and obligation to check, change, and request the deletion of data provided by them to Pleso Therapy; (e) If Pleso Therapy blocks the account, they may not restore the account without obtaining Pleso Therapy's consent in writing or electronically. (f) is obliged not to provide access to the account to other persons without obtaining Pleso Therapy's written or electronic consent; (g) undertakes not to use in any way the information obtained under the Agreement without obtaining the written or electronic consent of Pleso Therapy.
When the User fills out the form to create an account, they consent to Pleso Therapy processing the personal data provided in the form.
§ 8.
POSTPONEMENT OR CANCELLATION OF A SESSION
Postponement or cancellation of the Service is possible in accordance with the terms of this clause.
The User has the right to postpone the session no later than 12 hours before the start of the session (if the session has not been delayed earlier). The postponement of the session is carried out through the Platform. A delay of less than 12 hours is possible only in case of force majeure (due to illness, lack of electricity/internet for reasons beyond the control of the User/specialist, situations related to war) and subject to mandatory notification to Pleso Therapy.
The user has the right to cancel the session no later than 24 hours before the start of the session, in which case the user has the right to a 100% refund of the session fee. If the session is canceled less than 24 hours before its start, the user will not be refunded the session fee.
If the session needs to be postponed or cancelled for reasons dependent on the Specialist, the User will be informed of the cancellation or postponement before the session begins. In such a case, the Specialist will agree with the User on a new session date via the Platform.
Suppose the Specialist has not canceled the session within the period specified in paragraph 2 and has not shown up for the session or is more than 15 minutes late. In that case, the User has the right, at their choice, to cancel the appointment with a refund of the entire amount previously paid for the session or to reschedule the session to another time.
If the User is absent for more than 10 minutes of the scheduled session, the specialist has the right to interrupt the meeting. In such a situation, the service is considered provided, and the User is not entitled to a refund of the paid funds.
Suppose the therapist deems the User's behavior during the session to be disturbing or inappropriate, causing reasonable concern for the User's safety. In that case, the therapist has the right to terminate the session. Such behavior may include, but is not limited to, the User driving a vehicle during the session, being under the influence of psychedelics, including alcohol or drugs, or in a situation of self-aggression on the part of the User.
§ 9.
COMPLAINTS PROCEDURE
The User has the right to make requests, comments, and complaints regarding the offered functionalities, while PlesoTherapy is not responsible for the performance of the Services. The complaint should be submitted in writing and sent to the address of PlesoTherapy. Complaints regarding electronic services should be sent by post to the address of PlesoTherapy: ul. 12 Lutogo 25/7, 82-300 Elblag or by e-mail to the address: hello@pleso.me.
The complaint must contain, first of all, an indication of the data allowing identification of the Agreement and the User who is a party to it, as well as all circumstances alleged in connection with the non-performance or improper performance of the Agreement by PlesoTherapy.
The complaint must be filed immediately, but no later than within 30 days from the date of the occurrence of the circumstances that led to the non-performance or improper performance of the Agreement by PlesoTherapy.
PlesoTherapy will review the complaint immediately upon receipt, but no later than within 30 days from the date of receipt. The response to the complaint is sent only to the email address, unless the User requests to receive the response by mail by indicating the mailing address in the complaint statement.
If the data or information provided in the application requires additions, PlesoTherapy asks the applicant to supplement the application at least 30 days before processing. The time required by the User to provide additional clarifications increases the processing time of the application.
§ 10.
PERSONAL DATA
The rules for processing personal data are available in the Privacy Policy at the link: https://pleso.me/en/legal/privacy-policy-2024-08-27
§ 11.
FINAL PROVISIONS
The Terms apply from the date of their publication on the Platform.
PlesoTherapy will notify you of any changes to the Terms and Conditions by sending information about the changes to the User's email address. The changes will come into effect no earlier than 14 days after the User is informed of these changes.
The period referred to in point 2 above may be shorter where: a) the change is caused by a change in generally accepted legislation, and the time between the publication of the act causing the change and its entry into force is less than 14 days; b) the change is caused by a final decision of a public administration body or a final court decision which obliges the change to be made within less than 14 days.
A User who disagrees with the changes may terminate the Agreement within 7 days from the date of receipt of notification of the changes, starting from the last day before the entry into force of the amended provisions.
The rules are governed by Polish law.
If you are a consumer, you have the right to use out-of-court procedures for filing complaints and seeking redress, in particular through municipal (district) consumer ombudspersons or the European Business-to-Consumer Online Dispute Resolution (ODR) platform, which is available at: www.ec.europa.eu/consumers/odr.
Information on other available means of out-of-court dispute resolution, including a list of consumer protection ombudspersons and procedures related to out-of-court dispute resolution, is available at: www.uokik.gov.pl/pomoc.php.
In particular, the provisions of the Regulation apply to matters not covered by the provisions of the Regulation: (a) Act of 8 June 2001 on the profession of psychologist and professional self-government of psychologists (Journal of Laws 2019, item 1026, as amended); (b) Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2020, item 344, as amended); (c) Act of 23 April 1964 on the Civil Code (Journal of Laws 2020, item 1740, as amended); (d) Act of 10 May 2018 on the protection of personal data (Journal of Laws 2019, item 1781, as amended).
KRS: 0000980227
REGON: 522652856