শর্তাবলী

My Safe Spaces (A Service of NxtGen Technologies LLC)

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Last Updated: April 9, 2025

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1. INTRODUCTION

Welcome to My Safe Spaces, an online counseling and mental health services platform operated by NxtGen Technologies LLC ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the My Safe Spaces website, mobile application, and services (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Services.

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2. ELIGIBILITY

1. 2.1 Age Requirements

You must be at least 18 years of age to use our Services independently. Users between 13-17 years of age may only use the Services with parental or legal guardian consent and supervision.

1. 2.2 Mental Health Emergencies

Our Services are not intended for emergency situations. If you are experiencing a mental health emergency, having thoughts of harming yourself or others, or require immediate medical attention, please call your local emergency services (911 in the US), visit your nearest emergency room, or contact a crisis helpline such as the National Suicide Prevention Lifeline.

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3. SERVICES DESCRIPTION

1. 3.1 Counseling Services

My Safe Spaces provides access to licensed mental health professionals for counseling and therapy sessions through secure video, audio, and text-based communication. Our counselors include licensed psychologists, licensed marriage and family therapists, licensed clinical social workers, and licensed professional counselors.

1. 3.2 Mental Health Tools

In addition to counseling services, we offer various self-help tools, educational resources, mood tracking, journaling features, and other mental health-related resources.

1. 3.3 Nature of Services

Our Services are not a substitute for emergency services, medication management, or face-to-face therapy when clinically indicated. Our counselors may recommend alternative or additional treatment options when appropriate.

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4. USER ACCOUNTS

1. 4.1 Registration

To access our Services, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

1. 4.2 One Account Per User

Each user is permitted to maintain only one active account. Creating multiple accounts may result in account termination.

1. 4.3 Account Security

You agree to notify us immediately of any unauthorized use of your account or any other security breach. We cannot be responsible for any losses caused by unauthorized use of your account, with or without your knowledge.

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5. PRIVACY

1. 5.1 Privacy Policy

Our Privacy Policy, available at www.mysafespaces.org/privacy, explains how we collect, use, and disclose information about you. By using the Services, you consent to the collection, use, and disclosure of information as described in our Privacy Policy.

1. 5.2 HIPAA Compliance

As a provider of healthcare related services, we are committed to maintaining the privacy and security of your protected health information in accordance with the Health Insurance Portability and Accountability Act (HIPAA). For more information about your rights under HIPAA, please review our Notice of Privacy Practices.

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6. SERVICE FEES AND PAYMENT

1. 6.1 Fees

Fees for our Services are posted on our website and within our application. We reserve the right to change our fees at any time, with notice provided to active subscribers.

1. 6.2 Payment Methods

We accept various payment methods, including major credit cards and other payment methods as indicated on our payment portal. You agree to provide accurate and complete payment information.

1. 6.3 Subscription Services

Some of our Services are offered on a subscription basis. By subscribing, you authorize us to charge your payment method on a recurring basis until your subscription is terminated.

1. 6.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Refunds are provided in accordance with our Refund Policy, available at www.mysafespaces.org/refunds.

1. 6.5 Insurance

While we do not directly bill insurance providers, we can provide you with documentation that you may submit to your insurance company for potential reimbursement. We make no guarantees regarding insurance coverage or reimbursement.

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7. USER RESPONSIBILITIES

1. 7.1 Accurate Information

You agree to provide accurate, current, and complete information about yourself during registration and in communications with counselors and when using our Services.

1. 7.2 Appropriate Use

You agree to use our Services only for legitimate purposes related to seeking mental health support and not for any illegal, harmful, or inappropriate activities. You agree not to:

• Harass, abuse, or harm another person

• Impersonate or misrepresent your affiliation with any person or entity

• Violate or infringe other people's intellectual property, privacy, or other rights

• Violate any laws or regulations

• Interfere with or disrupt the Services or servers or networks connected to the Services

• Attempt to gain unauthorized access to any portion of the Services

1. 7.3 Communication Guidelines

When communicating with counselors or using interactive features of our Services, you agree to maintain respectful and appropriate communication. Threatening, abusive, harassing, or otherwise inappropriate behavior may result in termination of your account.

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8. COUNSELOR RELATIONSHIPS

1. 8.1 Independent Contractors

Counselors providing services through My Safe Spaces are independent professionals and not employees of NxtGen Technologies LLC. Each counselor is responsible for their professional conduct in accordance with their licensing board's requirements.

1. 8.2 Counselor Matching

While we strive to match you with counselors best suited to your needs, we cannot guarantee the suitability of any particular counselor. You may request a change in counselor at any time through our platform.

1. 8.3 No Guarantee of Outcomes

Mental health treatment outcomes vary by individual. We cannot guarantee specific results from using our Services.

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9. INTELLECTUAL PROPERTY

1. 9.1 Ownership

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, are the property of NxtGen Technologies LLC or our licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

1. 9.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Services for your personal, non-commercial use.

1. 9.3 Restrictions

You may not:

• Reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit our Services

• Use our Services for any commercial purpose

• Remove any copyright, trademark, or other proprietary notices from any portion of our Services

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10. TERMINATION

1. 10.1 Termination by You

You may terminate your account at any time by following the instructions on our website or by contacting our support team.

1. 10.2 Termination by Us

We reserve the right to terminate or suspend your account and access to our Services, at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

1. 10.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

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11. DISCLAIMERS

1. 11.1 No Medical Advice

The information provided through our Services is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

1. 11.2 As-Is Services

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

1. 11.3 Technical Issues

We do not warrant that our Services will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that our Services or the servers that make them available are free of viruses or other harmful components.

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12. LIMITATION OF LIABILITY

1. 12.1 Exclusion of Damages

IN NO EVENT SHALL NXTGEN TECHNOLOGIES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR COUNSELORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES

• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES

• ANY CONTENT OBTAINED FROM THE SERVICES

• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

1. 12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NXTGEN TECHNOLOGIES LLC EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST SIX MONTHS.

1. 12.3 Exceptions

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NXTGEN TECHNOLOGIES LLC. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless NxtGen Technologies LLC, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another.

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14. DISPUTE RESOLUTION

1. 14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state of Tamil Nadi, India, without regard to its conflict of law provisions.

1. 14.2 Arbitration

Any dispute arising from or relating to these Terms or our Services shall be finally settled by binding arbitration administered by the Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration will be conducted in the English language and will take place in Bangalore, India.

1. 14.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law:

• No arbitration or proceeding shall be joined with any other

• There is no right or authority for any dispute to be arbitrated or resolved on a class action basis

• There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons

1. 14.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

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15. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website prior to the changes becoming effective. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the new Terms.

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16. MISCELLANEOUS

1. 16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices and agreements published by us on the Services, constitute the entire agreement between you and NxtGen Technologies LLC concerning the Services.

1. 16.2 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

1. 16.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

1. 16.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, at our sole discretion, without restriction.

1. 16.5 Contact Information

 

For questions about these Terms, please contact us at:

My Safe Spaces A Service of NxtGen Technologies LLC.

 

By using our Services, you acknowledge that you have read and understand these Terms and agree to be bound by them.