Terms of Use
PUBLIC CONTRACT (OFFER) FOR CLIENTS
These rules constitute a public contract (offer) (hereinafter, the "Contract"), and the terms of this public offer are identical for everyone. The person who accepts the conditions set forth in the Contract becomes the Client (the acceptance of the Contract is equivalent to executing/signing the Contract on the terms set out in this public offer) of the service [www.clearly.help](http://www.clearly.help) (hereinafter, the "Service" or "Site").
If the Client disagrees with the terms of this Contract, they must refrain from performing any actions aimed at requesting a consultation on the Service, including making payments.
1. TERMS AND DEFINITIONS
1.1 Administrator – the owner of the Site/Service or a person designated by the owner to perform the actions necessary to ensure the operation of the Site and to interact with Users.
1.2 Acceptance – the Client’s full and unconditional response to the Administrator’s offer to conclude an agreement for the provision of services by the Specialist through the use of the Service, effected by submitting a request for an initial consultation.
1.3 Balance – the amount of money in the Client’s account that can be used to pay for Sessions with Specialists.
1.4 Client – an individual with full legal capacity who adheres to the terms of this Contract.
1.5 Order – a request for the provision of services submitted by the Client through the Service.
1.6 Service Request – a message left by the Client on the Service.
1.7 Consultation/Session – professional advice by the Specialist in the field of psychological assistance in the form of guidance and recommendations to resolve life‑related psychological issues.
1.8 User – any person who visits the Site.
1.9 Material – any written consultation or materials resulting from an oral consultation, including files in PDF format, video or audio recordings, checklists, etc., that are delivered to the Client as a result of the consultation services. This information may be delivered as a separate file or document, or as a message in social networks or direct communication platforms between the Client and the Specialist.
1.10 Site/Service – a set of data (texts, graphic and design elements, photos, videos and other results of intellectual activity, software), interconnected in content and navigation under a single domain name, accessible to end users. For the purposes of this Contract, the Site means the website available on the Internet at [https://www.clearly.help/](https://www.clearly.help/).
1.11 Subscription – services provided by the Specialist and the Administrator offered as a single package. Frequently, the price of such a package includes discounts or other special promotions.
1.12 Specialist – a person engaged by the Administrator to provide consultation services in the form of guidance and recommendations to resolve life‑related psychological problems. Such person is assessed and verified by the Administrator.
2. SUBJECT OF THE CONTRACT
2.1 The Specialist selected by the Client through the Service undertakes to provide the Client with consultation services, consisting of assistance in the form of guidance and recommendations to resolve life‑related psychological issues.
2.2 The Client, in accordance with this Contract, undertakes to accept and pay for the services under the conditions set out in this offer and/or in private messages on the Site or in dialogue windows.
2.3 The specific price of a Service (consultation) may be determined on the relevant page of the Service administered by the Administrator, in advertising materials, in private messages on social networks, or in dialogue windows in group chats.
2.4 A consultation delivered orally is provided in the form of a call, video call and/or an in‑person consultation, at the Client’s choice. If the Client wishes to record such a call, they must inform the Specialist before starting the recording.
2.5 If the call is recorded, such recording acquires the status of delivered Material and is subject to the corresponding regulation set forth in this Contract. In particular, such recording may only be used for personal purposes and may not be disseminated, distributed, transmitted or shared by any means.
2.6 Services may be provided to minors, subject to the mandatory condition that their parents or legal guardians are informed.
3. PROCEDURE FOR USERS TO USE THE SITE
3.1 A User may use the Site to search for a Specialist they need.
3.2 The User selects the Specialist whose services they wish to use and completes the registration form with their contact details and a description of the topic they wish to discuss with the Specialist.
3.3 The User is fully responsible for the consequences of providing false or incomplete contact details.
3.4 The system allows the User to communicate with the Specialist and with the Administrator to arrange the consultation.
3.5 If the Specialist does not contact the User within two business days from the date of the request, the Administrator may propose another Specialist from the Service who meets the User’s needs and requirements.
4. PROCEDURE FOR ACCEPTANCE OF THE OFFER
4.1 Conclusive actions by the Client—such as submitting a Service Order and/or payment for it, including using an online payment method—are deemed acceptance (tacit acceptance) of the terms of this offer.
4.2 The moment of acceptance of this offer is the confirmation of the Order in a dialogue window or through any communication channel between the Client and the Specialist or the Administrator.
4.3 The Contract shall be deemed concluded without the need for further signature from the moment the Acceptance is received. By accepting, the Client also confirms that they fully understand and agree to the terms of this Contract.
4.4 The Client confirms that the ultimate beneficiary of the results of the service provided under this Contract is themselves or a person for whom they are authorized to acquire such services. If services are purchased on behalf of third parties, or if the payment is made by other persons, responsibility to such persons rests with the Client, and in the relationship between the Client and the Administrator, the Client is considered the party to the Contract, unless otherwise agreed.
4.5 To accept (confirm) the terms of this Contract, the Client undertakes to provide the following information:
• Surname and given name;
• Full age, in the case of working with underage clients. In addition, minors must provide confirmation that their parents or legal guardians have been informed of their request.
4.6 For the fulfillment of the terms of this Contract, the Client grants the Administrator consent to process, by any means, the personal data provided by the Client, either directly or through third parties, for the entire term of this Contract. If the Client provides personal data of third parties during the term of the Contract, they guarantee the lawful acquisition of such data and the existence of consent from such persons for their processing by the Administrator.
4.7 In order to ensure confidentiality and information protection, the Administrator may encrypt and modify personal data, which may be reverted to their original form only in the cases provided for in clause 12.4 of this Contract.
5. SERVICE PRICE AND PAYMENT PROCEDURE
5.1 Service prices are indicated on the Site and depend on the type of service selected and its duration.
5.2 After the first contact between the Client and the Specialist via the Site, pages or dialogue window, the Specialist may additionally define the duration and type of session, and the Administrator will set the final price of the consultation or service.
5.3 Payments between the Parties are made by transferring funds through online payment systems used by the Site, to the bank account indicated by the Administrator, or by using the funds available in the Balance. Payment instructions, links to payment systems, and the procedure for topping‑up the Balance are specified in the relevant messages or directly on the Site.
5.4 The service price includes the Administrator’s commission as well as the Specialist’s service fee.
5.5 A time slot for an oral consultation is reserved by bank transfer to the account provided by the Administrator, through online payment systems, or by using the Balance. The Client must make payment at least 24 hours before the session.
5.6 The Balance may also be topped up using gift cards, unless otherwise indicated on the Site or in the relevant messages.
5.7 The following conditions apply to the use of the Balance:
5.7.1 Funds in the Balance are used first to pay for sessions;
5.7.2 Balance funds may be applied only after other discounts or promotions are used;
5.7.3 Balance funds are non‑refundable;
5.7.4 If the session price exceeds the Balance, the Balance is applied as a discount to the total session price.
5.8 Any commission charged by banking or financial institutions for transferring funds shall be borne by the Client, unless otherwise agreed with the Administrator.
5.9 After full payment, funds are non‑refundable, except in the cases stipulated in Section 9 of this Contract.
5.10 Advance payment for reserving a session is considered a guarantee payment, is non‑refundable, and constitutes an advance under applicable law.
5.11 The Client may not demand a price reduction or refund if they fail to use the reserved services.
5.12 Funds paid as a reservation (advance) will not be returned to the Client in the following cases:
5.12.1 If the Client cancels the consultation with less than 24 hours’ notice;
5.12.2 If the Client is more than 15 minutes late without prior notice.
5.13 If the situations specified in clause 5.12 occurred due to force majeure beyond the Client’s control, the Client must inform the Administrator or the Specialist of such circumstances within the time and form set out in Section 11. In such cases, the Specialist, together with the Administrator, may decide to reschedule the consultation to another date and time.
5.14 When purchasing a Subscription that offers discounts, similar rules to the use of the Balance apply, namely:
5.14.1 Already paid sessions within the Subscription are used first to pay for future sessions;
5.14.2 Discounts and promotions may be applied only after the sessions included in the Subscription and the Balance have been used;
5.14.3 Funds for unused sessions included in the Subscription are non‑refundable if more than 14 days have passed since payment and at least one session has been used;
5.14.4 Changing the Specialist within a Subscription is permitted only to another Specialist with an equal or lower session cost.
6. AUTOMATIC DEBITING OF FUNDS
6.1 Automatic Debiting of funds ("Auto‑Charge") is a payment method under this Contract that involves debiting funds from the bank card provided in the user’s account without additional acceptance.
6.2 The Client enters the details of their bank card from which the automatic debit will be made during registration or updates them independently in their user account.
6.3 Entering the bank card details during registration or in the corresponding fields within the user account constitutes the Client’s consent for future automatic debits without prior acceptance for future payments.
6.4 The Client is responsible for keeping the information of the bank card from which automatic debits are made up to date, in accordance with the selected tariff plan.
6.5 The Client has the right to change the payment method by submitting a corresponding request for such modification.
7. SERVICE DELIVERY PROCEDURE AND TERMS
7.1 Services are provided both online and in person, as indicated when ordering the service. Both in‑person and online services are paid for before the session by transferring money to the bank account or through a payment system, in accordance with the procedure and method established in this Contract.
7.2 The recommendations provided as part of the assistance are the result of personal communication between the Client and the Specialist, as a conclusion of the problem analysis and the study of how it arose in the Client’s life. When providing assistance under this Contract, the Specialist conducts the consultation personally.
7.3 The Administrator and the Specialist are not responsible if the Client fails to attend the scheduled consultation at the agreed time.
7.4 To conduct an oral consultation, the parties must first reserve the date and time of the consultation. The scheduled time is confirmed for the Client once payment has been completed as provided in clauses 5.3–5.9 of this Contract.
7.5 Sessions are conducted exclusively through the Clearly application. The Administrator is not responsible for technical problems in the application’s operation but strives to ensure its stable and secure functioning.
7.6 The Client is responsible for noting all information received during the oral consultation. With the Specialist’s consent, the Client may record the oral consultation or take notes. If the Client fails to inform the Administrator about such recording or notes, the Client must pay a penalty to the Administrator equal to the value of the consultation.
7.7 The moment the service is deemed to have been rendered is the start of the oral consultation and/or the delivery of access to the paid Materials. The Client consumes the services by listening to the Specialist’s professional advice or viewing the Materials.
7.8 All Materials are authorial and subjective. The Client may disagree with positions expressed in these materials. Copyright in all Materials belongs to the Administrator.
7.9 In the event of non‑compliance with the terms of payment for the services, the Administrator has the right to terminate the Contract unilaterally and restrict access to the materials.
7.10 If the session is cancelled with less than 24 hours’ notice by the Specialist (except in cases of force majeure), the next consultation will be conducted by the Specialist at no additional cost.
8. HANDLING USER COMPLAINTs
8.1 The Specialist is obliged to provide services at the level characteristic of this type of services and to follow ethical norms of conduct when communicating with Users, as well as to comply with the ethical standards set forth in the Ethical Code of the European Association for Psychotherapy.
8.2 The User has the right to file a complaint with the Administrator about the Specialist’s behavior. The Administrator will determine, at its discretion, the time frame and procedure for examining such complaints. If, after reviewing the complaint, facts of unethical and unprofessional conduct by the Specialist are confirmed, the Administrator has the right to remove the Specialist’s information from the Site and disseminate information about such facts among professional associations, as well as on other resources, to an unlimited audience.
8.3 The Administrator is not liable to Users for the actions of Specialists or for the quality of their services.
9. REFUND OF MONEY
9.1 The Client may cancel the service request without giving any reason at least 24 hours before the start of the service. In this case, the money paid by the Client will be refunded in full, except for funds that are not subject to refund (Balance funds or paid Subscriptions).
9.2 If the Client declines the Specialist’s service after it has begun, or less than the time indicated in clause 5.12 of the Contract, the money paid by the Client will not be refunded.
9.3 To exercise their right to a refund in cases provided for in this Contract, the Client must send a corresponding notification to the Administrator via a messenger message or on the Site.
10. LIABILITY OF THE PARTIES
10.1 In the event of violation of the payment terms for services, the Administrator has the right to terminate the Contract unilaterally and restrict access to the Materials.
10.2 The Administrator may unilaterally terminate this Contract and block access to the Materials and/or the Site, messengers if evidence of dissemination (or any reproduction) of the Materials is found.
10.3 If the Administrator detects violations specified in clause 10.2 of this Contract, the Client undertakes to pay a penalty of 300% of the cost of the services. Violations may be documented by screenshots, software tools, evidence of third‑party access to the online product, or any other reasonable means.
10.4 The Administrator and the Specialist are not responsible for the consequences of the Client’s use of the results of the service and/or materials. The Client uses the results of the provided service and/or materials at their own risk. The Administrator and the Specialist are not responsible for results related to the practical application of information obtained during the service provided under this Contract.
10.5 No information, materials and/or consultations provided by specialists in the framework of the services under this Contract should be considered guarantees. Decision‑making based on any information provided by the Specialist lies exclusively within the Client’s competence. The Client assumes full responsibility and risks associated with the use of the information and materials provided by the Specialist in the fulfillment of their obligations under this Contract.
10.6 The Client is fully responsible for illegal access and unauthorized interference with computers, systems and computer networks, as well as unauthorized access by third parties to confidential information or about services provided under this Contract.
10.7 The parties acknowledge that the following are inadmissible:
10.7.1 Crossing the limits of acceptable ethical behavior;
10.7.2 Making personal and offensive attacks or comments;
10.7.3 Using vulgar, offensive or obscene language;
10.7.4 Using language or behavior that is outside norms of appropriate communication;
10.7.5 Any other behavior or comment that violates moral principles of society and generally accepted conduct.
10.8 If the Administrator detects violations specified in clause 10.2 of this Contract, the Client undertakes to pay a penalty of 300% of the cost of the services. Violations may be documented by screenshots, software tools, evidence of third‑party access to the online product, or any other reasonable means.
11. FORCE MAJEURE CIRCUMSTANCES
11.1 The parties shall be released from non‑performance or improper performance of the conditions of this Contract if such non‑performance or improper performance occurs due to force majeure circumstances that the parties could not foresee when concluding this Contract.
11.2 The parties consider the following to be force majeure circumstances: fire, disaster, natural disaster, war, hostilities, gas leaks, lack of electricity, lack of Internet for technical reasons beyond the will and possibilities of the parties (Internet disconnection due to non‑payment is not considered force majeure), legislative changes affecting the performance of this Contract.
11.3 The party invoking force majeure undertakes to notify the other party of the occurrence of such circumstances within 48 hours of their occurrence, and in the event of a lack of electricity and/or Internet, no later than one hour before the session with the User is to begin.
11.4 Proper confirmation of force majeure circumstances shall be a certificate from the Chamber of Commerce and Industry, a corresponding Act from the energy service and/or the person providing Internet services.
12. CONFIDENTIALITY
12.1 The parties acknowledge that all information directly or indirectly related to the execution of this Contract, as well as information provided by each of the parties or by any third party related to the parties, that is not public and became known to the parties as a result of the conclusion and/or execution of this Contract, is considered confidential. Moreover, for the purposes of this Contract, information is considered confidential if it is secret in the sense that, in its entirety or in specific forms and combinations of its components, it is unknown and not readily accessible to persons who normally handle this type of information, for which reason it is considered confidential and has been subject to appropriate measures, consistent with the existing circumstances, taken by the parties to maintain its secrecy.
12.2 The parties undertake not to disclose or reveal confidential information to third parties and not to use it for any purpose other than proper fulfillment of this Contract, both during its term and after its termination.
12.3 All confidential information transmitted by the Client to the Administrator and Specialist shall remain the property of the Client. After termination of this Contract, the Administrator and Specialist undertake to refrain from disclosing any information related to the Client, to return to the Client all originals and copies of any document containing confidential information (except for this Contract and documents necessary for the proper fulfillment of the conditions of this Contract by the Administrator and Specialist, and other documents that, under the current legislation of Ukraine, must be the property of the Administrator and Specialist).
12.4 The obligation imposed on the Administrator and Specialist not to disclose confidential information does not apply in cases where information is obtained about the following:
12.4.1 There is a threat to the Client’s life;
12.4.2 There is a threat to the life of other persons.
12.5 The Administrator and Specialist have the right to notify the competent authorities, in accordance with current legislation, of the cases mentioned in clause 12.4 of this Contract and to provide the information they have at their disposal.
12.6 The Specialist gives unconditional consent for information about them and their cooperation with the Administrator to be published on the Site, as well as for search robots to scan such information pages. The collection of information about the Specialist by search robots on the Site’s pages is not considered disclosure of confidential information.
12.7 The Administrator shall not be liable to the Specialist for information about the Specialist’s cooperation with the Administrator remaining in search histories. The Specialist assumes the risks of leaving a digital footprint on the Internet and may not make any claims, including in the future, regarding his or her current or past cooperation with the Administrator.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 All rights to the content published on the Site/pages, as well as all materials, belong to the Administrator.
13.2 Intellectual property rights to the materials contained on the Site or on other resources to which the Administrator has given access, including but not limited to images, videos, logos, graphics, sounds, belong to the Administrator.
13.3 The Administrator may also use intellectual property objects that may belong to other persons on the basis of the relevant license, contract, or any other legal basis.
13.4 The Administrator grants the User/Client a limited, non‑exclusive, revocable, non‑sublicensable license to access and use the materials (meaning that the materials may be used by the Client personally and are not intended for further distribution). The duration of such license depends on the materials, and the territorial scope is worldwide.
13.5 The content and materials mentioned may be used in the following ways: by reviewing them (viewing, reading, listening, or any other form of review depending on the type of content and materials), as well as reproducing them exclusively for personal purposes.
13.6 By granting the Client the right to use intellectual property objects for the purpose of executing this Contract, the Administrator does not transfer any intellectual property rights to such objects nor grant permission for their use for purposes other than those provided in the Contract.
13.7 All materials provided by the Administrator to the User/Client during a meeting/consultation, as well as photographic and video results obtained by the Administrator during the meeting/consultation, are the result of the Administrator’s intellectual activity.
13.8 Exclusive copyright, including related rights, belongs to the Administrator. All materials provided by the Administrator to the Client during the provision of services are intended exclusively for the Client’s personal use. The Client is not entitled to copy, publicly cite, or reproduce such materials. Content published on the Site, pages and materials may not be copied, published, reproduced, modified, distributed, sold or used in any other way, in whole or in part, without the Administrator’s written consent.
14. DISPUTE RESOLUTION
14.1 If disputes arise, the parties will take measures to resolve them out of court.
15. TERM OF THE CONTRACT
15.1 The Contract is valid for the period of providing the services and, regarding payments, until full settlement between the parties.
15.2 The Administrator has the right to unilaterally terminate this Contract in case of:
15.2.1 the Client’s failure to fulfill their obligations under this Contract;
15.2.2 as provided in Section 10 of this Contract.
16. OTHER CONDITIONS
16.1 By adhering to and emphasizing the conditions of this Contract, the Client grants the Administrator the right to collect, process, and store their personal data.
16.2 The Administrator may modify the conditions of this Contract unilaterally at any time by publishing a new version of the text of this Contract. The User/Client must check the updated version of the rules before using the Site, and by continuing to use this Site they accept any changes. If the Client disagrees with the amended terms, they have the right to terminate the Contract unilaterally.
17. ADMINISTRATOR’S DETAILS
17.1 Therapy Space Inc.
Address: 8 The Green St., Dover, Delaware 19901
Email: [hello@clearly.help](mailto:hello@clearly.help)
