WEMIND TERMS OF SERVICE

Last Updated: August 4th, 2026

1. INTRODUCTION & ACCEPTANCE

1.1 Service Overview
WeMind, operated by Moovd B.V. (Netherlands), is a web-based platform that helps therapists facilitate EMDR and other psychotherapy sessions. This Terms of Service ("Terms") governs your access to and use of WeMind.

1.2 Agreement Acceptance
By creating an account, subscribing, or using WeMind, you accept these Terms. If you do not agree, do not use WeMind. We may update these Terms from time to time; your continued use after an update means you accept the new version.

1.3 Additional Agreements
These Terms incorporate:

• Your subscription plan details (e.g., WeMind EMDR, Exposure module)

• Moovd's Privacy Statement (data you provide to Moovd)

• Business Associate Agreement ("BAA") if you are a covered entity under HIPAA

• Any Data Processing Addendum for your region

Where these conflict, the order of precedence is: (1) applicable privacy law, (2) BAA, (3) these Terms.

2. ACCOUNT CREATION & ELIGIBILITY

2.1 Who Can Create an Account
You must be at least 18 years old and a licensed or credentialed therapist, psychologist, counselor, or mental health professional to create a WeMind account. You are responsible for ensuring you meet these eligibility requirements.

2.2 Account Information
When you create an account, you provide:

• Email address and password

You are responsible for keeping your password confidential. If you suspect unauthorized access, contact us immediately at info@moovd.nl.

2.3 Acceptable Use
You agree to use WeMind only for legitimate therapy and clinical purposes. You may not:

• Share your account with other therapists or staff without authorization

• Use WeMind for research, data collection, or non-therapeutic purposes

• Attempt to reverse-engineer or extract data from the platform

• Interfere with platform operations or security

• Violate applicable laws or professional ethics codes

2.4 Account Suspension
Moovd may suspend or terminate your account immediately if we believe you are in breach of these Terms, violating laws, or causing harm.

3. SUBSCRIPTION & BILLING

3.1 Subscription Plans
WeMind offers subscription plans. Each plan includes specific features detailed on our website and the subscription page within the app.

3.2 Free Trial
First-time users receive a free trial. Trial access is either:

• Session-based (a set number of therapy sessions), OR

• Time-based (a set number of days)

You can cancel anytime during the trial. No payment is collected during the trial, and trial access ends automatically when the limit is reached.

Moovd reserves the right to limit trial availability and eligibility based on device, email address, or other factors to prevent abuse.

3.3 Special Offers & Promotions
WeMind periodically offers special or discounted subscription packages (e.g., extended free periods, discounted rates for limited terms). When you accept a special offer, you acknowledge that:

• The discounted pricing applies only to the promotional period specified

• Your subscription will automatically convert to full standard pricing at the next billing cycle

• It is your responsibility to cancel before the promotional period ends if you do not want to continue at full price

• Moovd is not responsible if you forget to cancel and are charged full price

3.4 Billing Cycle & Auto-Renewal
After your trial or promotional period ends:

• Your paid subscription begins on the date stated in your offer or confirmation email

• You are billed monthly or annually (depending on your plan) on the same day each month/year

• Your subscription auto-renews unless you cancel in the dashboard yourself before the billing cycle start, or let us know in writing at least 35 days before the renewal date

• You can cancel via the platform at any time or by emailing support@moovd.nl 35 days prior

Important: It is your responsibility to monitor your account, track your trial or offer end date, and cancel before the next billing cycle if you do not wish to be charged. Moovd does not send reminders before charges.

3.5 Pricing & Changes
All prices are shown in USD (or local currency at checkout) and exclude applicable VAT/tax. Changes to product price will be sent to you by email at least 30 days before.

3.6 Payment Authorization
By proceeding to a paid subscription, you authorize Moovd to charge your selected payment method (credit card, debit card, or bank transfer) for all fees and charges. You are responsible for keeping your payment information current and accurate.

3.7 Failed Payments
If we cannot collect a payment:

• Your account access will be suspended until payment is received

• You are responsible for any collection costs or late fees

• Continued non-payment may result in account termination and data deletion

3.8 Refund Policy
Subscription fees are non-refundable in the following circumstances:

• Partial month or year usage

• Change of mind or dissatisfaction

• Unexpected charges due to failure to cancel before next billing cycle

• Technical issues that you were able to resolve

Moovd will issue a refund only if:

• Moovd permanently removes a core feature that you specifically signed up for, and you are unable to use the plan as originally offered

• In such cases, Moovd will offer either a refund or an alternative plan of equivalent value

All other refund requests will be denied. Refund decisions are final and at Moovd's sole discretion.

3.9 Invoices & Taxes
Invoices are available in your account dashboard. You are responsible for all taxes related to your use of WeMind. Moovd will collect applicable VAT/GST and remit on your behalf.

4. SERVICE TERMS & FUNCTIONALITY

4.1 Service Availability
Moovd provides WeMind on an "as-is" basis. While we work to keep the platform available 24/7, we do not guarantee:

• Uninterrupted access or uptime

• Error-free operation

• That features will meet your specific needs

4.2 Technical Requirements
You are responsible for maintaining compatible devices and internet connectivity. Minimum requirements are:

• Android 6.0 or above

• Apple iOS 12.1 or above

• Windows 10 or above

• Stable internet connection (broadband recommended)

4.3 System Performance
Moovd is not responsible for:

• Failed or interrupted sessions due to your internet connection

• Device crashes or performance issues on your end

• Browser incompatibilities or third-party software conflicts

4.4 No Guarantee of Results
WeMind facilitates sessions but does not guarantee clinical outcomes. You remain solely responsible for:

• Your clinical judgment and treatment decisions

• Assessing whether WeMind is appropriate for your clients

• Ensuring compliance with your professional ethics and standards

5. YOUR OBLIGATIONS

5.1 Professional Responsibility
You are responsible for:

• Verifying client identity and obtaining informed consent before sessions

• Determining whether clients are suitable for remote therapy

• Maintaining confidentiality standards required by law and ethics

• Complying with all applicable professional regulations in your jurisdiction

• Keeping your credentials current

5.2 Client Safety & Crisis Response
WeMind is not designed for crisis intervention or emergency services. If a client is in immediate danger, you must use emergency services (911 in the US) rather than WeMind.

5.3 Data Accuracy
You are responsible for the accuracy of any information you enter into WeMind (client labels, session notes, etc.). Moovd assumes no responsibility for errors in your data entry.

5.4 Compliance with Law
You agree to use WeMind in compliance with:

• Healthcare privacy laws (HIPAA in the US, GDPR in the EU, etc.)

• Professional licensing and ethics rules

• Anti-fraud and anti-corruption laws

• All applicable local, state, and federal regulations

6. DATA & PRIVACY

6.1 Data You Control
The information you enter into WeMind (client labels, notes, scores) is your responsibility. You determine what data to store and how long to retain it.

6.2 Data Minimization
WeMind is designed to minimize data collection and storage:

• Session video and audio are peer-to-peer (never stored by Moovd)

• Session transcripts are download-only (not stored by Moovd)

• Session metadata is deleted after each session

• We recommend using client labels or initials instead of full names

• Only essential clinical data (e.g., SUD/VoC scores) are stored

6.3 HIPAA & Business Associate Agreement
If you are a covered entity under HIPAA or handle Protected Health Information (PHI), the Business Associate Agreement ("BAA") applies to this subscription. The BAA details how Moovd safeguards PHI, breach notification procedures, and your rights. See the BAA for complete terms.

6.4 Privacy & Personal Data
Information Moovd collects about you (email, name, payment details) is governed by Moovd's Privacy Statement. You have the right to access, correct, and delete your personal data, subject to legal retention requirements. Submit requests to privacy@moovd.nl.

6.5 Data Deletion Upon Termination
When your subscription ends, you may request deletion of your account and stored data. Moovd will securely delete your data within 30 days unless retention is required by law (e.g., accounting, tax).

7. SECURITY & COMPLIANCE

7.1 Moovd's Security Measures
Moovd maintains technical, administrative, and physical safeguards designed to protect data:

• Encryption in transit (TLS 1.3) and at rest (AES-256)

• Multi-Factor Authentication and Role-Based Access Control

• Comprehensive audit logs and continuous monitoring

• Hosted on HIPAA-eligible AWS infrastructure (EU region)

See the BAA for complete technical specifications.

7.2 Your Responsibility
You are responsible for:

• Maintaining device and network security

• Keeping your account credentials confidential

• Ensuring your devices are not shared with unauthorized users

• Monitoring your account for suspicious activity

7.3 Breach Notification
If WeMind experiences a data breach, we will notify you within 5 business days of discovery. Notification will include details of affected individuals, data types involved, and mitigation steps. For HIPAA-regulated data, breach notification follows the BAA timeline.

8. INTELLECTUAL PROPERTY

8.1 WeMind IP Rights
Moovd owns all intellectual property in WeMind, including software, designs, documentation, and trademarks. This license does not transfer any IP to you.

8.2 Your License
Moovd grants you a limited, non-exclusive, non-transferable license to use WeMind solely for legitimate therapy purposes during your subscription. You may not:

• Sublicense or resell WeMind to others

• Copy or distribute WeMind or its features

• Extract or use WeMind's code, algorithms, or designs

• Use WeMind for competitive analysis

8.3 Your Content
You retain ownership of any clinical data, notes, or content you create in WeMind. By using WeMind, you grant Moovd a limited license to store, process, and transmit your content only necessary to provide the service, by design all the data we process is purged at the end of every session.

8.4 Feedback & Suggestions
If you provide feedback, ideas, or suggestions about WeMind, Moovd may use them for any purpose without compensation or attribution.

9. LIMITATION OF LIABILITY & DISCLAIMERS

9.1 No Warranties
WeMind is provided "as-is" without warranties of any kind.

9.2 Excluded Damages
Moovd is not liable for:

• Lost profits, revenue, or business opportunities

• Loss of data or client relationships

• Indirect, consequential, or incidental damages

• Damages arising from your clinical decisions or treatment outcomes

• Damages from your use of transcripts, AI features, or session data

9.3 No Emergency Services
WeMind is not designed for crisis intervention or emergencies. If a client is in immediate danger, you must contact emergency services (911 in the US) and not rely on WeMind.

10. TERM & TERMINATION

10.1 Your Responsibility to Cancel
You are solely responsible for cancelling your subscription if you wish to stop being charged. Moovd does not send reminder emails before trial or promotional periods end. If you do not cancel before the next billing cycle, you will be charged full price, and Moovd bears no responsibility for unexpected charges.

To cancel:

• Use the "Cancel" option in your account settings

Cancellation is effective at the end of your current billing period.

10.2 Subscription Term & Auto-Renewal
Your subscription is for an initial period (specified in your offer or plan details). After this period, it automatically renews for successive monthly or annual periods unless you cancel before the renewal date. By accepting these Terms, you acknowledge and agree to this auto-renewal.

10.3 Trial & Promotional Period End
When a trial or promotional period ends:

• You will be charged the full standard subscription rate at your next billing date

• No reminder will be sent

• It is your responsibility to cancel before this date if you do not wish to be charged

• Failure to cancel does not entitle you to a refund

10.4 Termination by Moovd
Moovd may terminate your subscription immediately without notice if:

• You violate these Terms or the BAA

• You violate applicable law or professional ethics

• You engage in fraud, illegal activity, or harm

• Your account is dormant for 12 months without payment or activity

• Continuation would damage Moovd's reputation

10.5 Effect of Termination
Upon termination:

• Your account access ends immediately

• You lose the right to use WeMind

• Your data will be deleted within 30 days (unless law requires retention)

• Moovd has no refund obligation (except as noted in Section 3.8)

• Sections on confidentiality, indemnification, and liability survive

10.6 Material Breach Cure Period
Unless the breach is severe (fraud, illegal activity, safety risk), Moovd will notify you of a breach and provide 30 days to cure before terminating.

11. INDEMNIFICATION

11.1 Your Indemnity
You agree to indemnify and hold harmless Moovd from any claims, damages, or costs (including legal fees) arising from:

• Your use of WeMind in violation of these Terms or law

• Your clinical decisions or treatment outcomes

• Your infringement of third-party IP rights

• Claims by your clients related to WeMind or sessions

• Your breach of professional ethics or licensing rules

12. DISPUTE RESOLUTION & GOVERNING LAW

12.1 Governing Law
These Terms are governed by the laws of The Netherlands, with HIPAA as a mandatory overlay for US healthcare providers.

12.2 Dispute Resolution
Before litigation, the parties agree to attempt good-faith resolution by:

1. Written notice describing the dispute (30 days)

2. Good-faith negotiation between representatives (30 days)

3. If unresolved, either party may pursue legal remedies

12.3 Jurisdiction
Any legal action must be brought in courts located in The Netherlands or (for US-based therapists) in federal court for your district. You consent to personal jurisdiction in these courts.

13. FORCE MAJEURE

13.1 Unforeseeable Events
Moovd is not liable for failure to perform due to events beyond its reasonable control, including:

• War, terrorism, or civil unrest

• Natural disasters, pandemics, or epidemics

• Utility outages or infrastructure failures

• Strikes or labor disputes

13.2 Suspension of Obligations
During force majeure, Moovd may suspend service obligations without liability. If force majeure lasts more than 90 days, either party may terminate with proportional settlement of fees.

14. MISCELLANEOUS

14.1 Entire Agreement
These Terms, the BAA, and the Privacy Statement constitute the entire agreement between you and Moovd regarding WeMind. Previous versions and discussions are superseded.

14.2 Amendments
Moovd may amend these Terms at any time. Amendments are effective when posted on the website. Your continued use after amendments means you accept them.

14.3 Severability
If any provision is found invalid, that provision is removed and the rest remains in effect.

14.4 No Waiver
Moovd's failure to enforce any term does not waive future enforcement.

14.5 No Third-Party Beneficiaries
These Terms are solely between you and Moovd. Clients are not third-party beneficiaries.

14.6 Counterparts & Electronic Signatures
These Terms may be signed in counterparts and electronically, with same legal effect as originals.

14.7 Contact & Notices
Send notices to:

• Moovd B.V.: info@moovd.nl

• You: the email address on file in your account

15. SUPPORT & FEEDBACK

15.1 Customer Support
Moovd provides email support at info@moovd.nl. Response times may vary.

15.2 Feature Requests & Feedback
You may submit feedback via the platform. Moovd may use feedback to improve WeMind without obligation to you.

END OF TERMS

Questions?
Email us at info@moovd.nl