Please read these Terms of Use carefully ("Terms"). These Terms govern and apply to your access and use of the communication platform offered by Talkspace in connection with the online therapy services we provide via the Talkspace website at www.talkspace.com (“Website”) and Talkspace mobile app (“App”) (all hereinafter collectively, “Talkspace” and the "Service(s)") and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content"). By accessing or using the Service, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you are not authorized to use the Service. The terms “you", "your,” and “yourself” refer to the individual user of the Service.

These Terms are between you and Talkspace, and not with the App Provider (such as the Apple App Store, Google Play Store, or other similar platforms) where the App is made available (each such distribution platform an "App Provider"). The App Provider has no obligation to furnish any maintenance and support services with respect to the App. Any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App will be the sole responsibility of Talkspace.

You agree to provide “Emergency Contact Information” (name and telephone number) for your personal contact and/or a close family member/relation to your Provider (defined below) to be used in case of a mental health crisis or other emergency where knowledge of your location is crucial and you agree to obtain their consent before providing their Contact Information to your Therapist.

You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of the information you provide regarding your age, residence, and Emergency Contact Information and that the Providers you access (“Provider(s)”) are relying upon this certification in order to interact with you and provide the Services.

By subscribing to our Services you agree to these Terms and acknowledge the terms of the Notice of Privacy Practices (for US members only) and you acknowledge that we handle the information you provide us in accordance with our Privacy Policy.

To access the Services, you must first enroll to establish an individual user account (“Account”), by providing certain information as set out in the Privacy Policy. You agree that you will not create more than one Account or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service and, if applicable, in order for Providers to send messages to you, you agree to:

1. Provide true, accurate, current, and complete information about yourself as prompted by our Account enrollment form (understanding that during therapy sessions you may use a nickname); and
2. To maintain, and promptly update such Account information, each time you log on, as far as possible to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Talkspace has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current, or incomplete, Talkspace reserves the right to transition your treatment to another Provider outside of Talkspace or take other steps as appropriate.
3. Certify that you are (i) over the age of eighteen (18) (for UK/ EU users), or have the legal ability to consent to the Services or have your Parent/Guardian consent to the Services (for US users only), and (ii) physically located or are a resident of the State or Country you have chosen as your current residency when creating your Account.
4. Remain responsible for maintaining the confidentiality of your Account password and username (if any), and any other security information related to your Account at all times. Talkspace will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.

You agree not to access or use the Services in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit any of the following:

1. a message or information under a false name;
2. information that is unlawful, libelous, defamatory, abusive, vulgar, obscene, racist, fraudulent, predatory of minors, harassing, threatening or hateful to any person;
3. unsolicited email and/or advertisement or promotion of goods and services;
4. any content that may cause damage to a third party;
5. any content which may constitute, cause, or encourage a criminal action or violate any applicable law; and
6. information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others.