Introduction to Our Terms & Conditions
These Terms and Conditions (the “Agreement”) govern your access to and use of the website hypnotherapist.es and any related services, including hypnotherapy sessions provided in-person or online (collectively, the “Platform”). The Platform is owned and operated by Hypnotherapist.es.
By accessing or using the Platform, you agree to be bound by this Agreement. If you do not agree to any term of this Agreement, you must not access or use the Platform.
IMPORTANT NOTICE: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 7, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.
1. Hypnotherapy Services
1.1 Hypnotherapists and Services
The Platform connects you with qualified hypnotherapists (“Hypnotherapists”) who provide hypnotherapy services (“Services”) either in-person or online, depending on your preference and availability. Hypnotherapists are independent professionals, not employees, agents, or representatives of Hypnotherapist.es. Our role is to facilitate access to these Services, not to provide hypnotherapy directly.
We require all Hypnotherapists to be registered, trained, and experienced, holding relevant qualifications and certifications in their jurisdiction. In Spain, Hypnotherapists must comply with applicable professional standards and have at least 3 years of experience and relevant training.
You may request a different Hypnotherapist if the assigned professional does not meet your needs, subject to availability. Note that not all Hypnotherapists may be available at all times due to scheduling or jurisdictional requirements.
1.2 Limitations of Services
Hypnotherapy Services are intended to support personal development, stress management, and other non-medical goals. They are not a substitute for medical or psychological treatment. The Platform is not suitable for:
- Emergencies: If you are experiencing a crisis, considering suicide, or believe you or someone else is in danger, do not use the Platform. Contact emergency services immediately (e.g., 112 in Spain or your local emergency number).
- Clinical Diagnoses: The Platform does not provide clinical diagnoses requiring in-person evaluation or official documentation for purposes such as court-ordered therapy.
- Medical Advice: Hypnotherapists do not provide advice on medications or medical treatments. Consult a qualified medical professional for such needs.
WARNING: IF YOU ARE IN A CRISIS OR ANY PERSON MAY BE IN DANGER, DO NOT USE THIS PLATFORM. CONTACT EMERGENCY SERVICES IMMEDIATELY.
2. Privacy and Security
Your privacy is a priority. Our data handling practices are detailed in our Privacy Policy (available at hypnotherapist.es/privacy). By using the Platform, you agree to the terms of the Privacy Policy, which is incorporated into this Agreement. Any changes to the Privacy Policy will follow the same revision process as this Agreement.
3. Intellectual Property
The Platform, including the website hypnotherapist.es and its content, design, and features (“Hypnotherapist.es Intellectual Property”), is owned by Hypnotherapist.es, its licensors, or other providers. This Agreement does not grant you any ownership rights in the Platform or its intellectual property.
The names, logos, and slogans associated with Hypnotherapist.es (“Hypnotherapist.es Marks”) are trademarks of Hypnotherapist.es or its affiliates. You may not use these Marks without prior written permission. All other trademarks on the Platform belong to their respective owners.
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes. All other rights are reserved.
4. Third-Party Content
The Platform may include links to third-party websites, services, or advertisements (“Third-Party Content”). We are not responsible for Third-Party Content, including its accuracy, practices, or policies, and we do not endorse or control such content. Your interaction with Third-Party Content is at your own risk.
5. Disclaimer of Warranty and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Your use of the Platform is at your own risk. We do not guarantee that the Platform will be uninterrupted, error-free, or secure.
TO THE FULLEST EXTENT PERMITTED BY LAW, HYPNOTHERAPIST.ES AND ITS AFFILIATES, OFFICERS, DIRECTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, OR GOODWILL.
Our aggregate liability for any claims related to this Agreement or the Platform shall not exceed the total amount paid by you for Services in the 12 months prior to the claim. If applicable law limits these disclaimers or limitations, they will be modified only to the extent necessary to comply with such law.
This section survives the termination or expiration of this Agreement.
6. Your Responsibilities
6.1 Account and Information
You confirm that:
- You are legally able to consent to receive Services or have the consent of a parent or guardian if required.
- All information you provide through the Platform (e.g., contact details, payment information) is accurate, current, and complete, and you will keep it updated.
- You are responsible for maintaining the confidentiality of your account credentials (“Account Access”) and will notify us immediately of any unauthorized use at contact@hypnotherapist.es.
You are solely responsible for all activities conducted through your Account Access, whether authorized or not, and you agree to indemnify us for any loss or damage resulting from such use.
6.2 Conduct
You agree not to:
- Use the Platform for any unlawful, abusive, or harmful purpose, including sending unsolicited emails, malicious software, or content that infringes third-party rights.
- Interfere with or disrupt the Platform’s systems, servers, or networks.
- Use another person’s account or Account Access.
- Use the Platform on behalf of another person or organization without authorization.
6.3 Payment
You agree to pay all fees for Services as outlined on the Platform, using authorized payment methods (“Payment Means”). You authorize us to charge your Payment Means for all fees and confirm that all payment information is accurate and current.
6.4 Minor Consent
If you are a parent or guardian consenting to Services for a minor, you confirm you have the legal authority to do so and agree to the collection and use of the minor’s data as outlined in our Privacy Policy. Consent remains valid until the membership is canceled.
7. Arbitration and Class Action Waiver
THIS SECTION CONSTITUTES A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
7.1 Arbitration Agreement
You and Hypnotherapist.es agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Platform, or Services (“Disputes”) will be resolved through binding arbitration on an individual basis, except as noted below. This includes disputes about the Agreement’s interpretation, applicability, or validity. Arbitration will be governed by the Spanish Arbitration Act (Ley 60/2003) and conducted by a neutral arbitrator in Spain, unless otherwise agreed.
The arbitration will be administered by the Madrid International Arbitration Center (MIAC) under its rules, available at [MIAC website]. The arbitrator will:
- Be a qualified legal professional with expertise in the relevant law.
- Have exclusive authority to resolve disputes about this Arbitration Agreement.
- Apply Spanish law and provide a written decision with findings of fact and conclusions of law.
Each party will bear its own legal fees, with arbitration fees split equally unless otherwise required by law. The arbitration will take place in Madrid, Spain, unless both parties agree otherwise.
7.2 Class Action Waiver
You and Hypnotherapist.eswaive the right to bring, participate in, or receive notice of any class, collective, or representative action related to Disputes, to the maximum extent permitted by law. Any claim that this waiver is unenforceable must be decided by a court, not an arbitrator. If the waiver is partially unenforceable, the enforceable portion will be enforced in arbitration, and the remainder litigated in court.
7.3 Exceptions
This Arbitration Agreement does not apply to:
- Claims brought in small claims court, provided they remain individual.
- Claims for injunctive relief to protect intellectual property rights.
- Claims that cannot be subject to arbitration under applicable law.
7.4 Opt-Out
You may opt out of this Arbitration Agreement within 30 days of first accessing the Platform by emailing optout@hypnotherapist.es with the subject “Arbitration Opt-Out,” including your name and address. Opting out does not affect other terms of this Agreement.
7.5 Survival
This Arbitration Agreement survives the termination or expiration of this Agreement.
8. Subscription and Billing
8.1 Subscription Plans
We offer various subscription plans for Services, with billing cycles (e.g., weekly, monthly, or quarterly) as specified on the Platform. Subscriptions automatically renew until canceled. You acknowledge responsibility for all recurring charges prior to cancellation.
8.2 Cooling-Off Period
If you reside in a country with a mandatory 14-day cooling-off period (e.g., under EU consumer law), you may withdraw from the contract within 14 days of purchase by contacting us at contact@hypnotherapist.es. We will refund any payments made, provided Services have not been used.
8.3 Cancellation Policy
You may cancel your subscription at any time through your account or by contacting contact@hypnotherapist.es. Cancellations must be made before the next billing cycle to avoid charges. Unused sessions do not roll over to the next billing cycle.
8.4 Late Cancellation Fees
Late cancellations (within 24 hours of a session) or missed sessions may incur a €35 fee to compensate Hypnotherapists for reserved time slots.
8.5 Price Changes
We may adjust subscription prices or plans with notice to you. Changes will take effect at the start of the next billing cycle. You may cancel if you do not agree to the changes.
9. Consent to Electronic Communications
You consent to receive electronic communications (e.g., emails, texts) related to Services, such as appointment reminders, billing notices, or updates to this Agreement. You confirm that the contact information you provide is accurate and up-to-date.
You may opt out of non-essential communications (e.g., marketing emails) via your account settings or by following unsubscribe instructions in emails. Essential communications (e.g., billing or session updates) cannot be opted out of without discontinuing Services.
10. Modifications, Termination, and Interruptions
We may modify, suspend, or discontinue the Platform or your access to it at any time, with or without notice. We are not liable for any losses or damages resulting from such actions.
The Platform relies on software, hardware, and third-party services. While we strive for reliability, we cannot guarantee uninterrupted, error-free access. You accept that the Platform may occasionally be unavailable.
11. Export Controls and Sanctions
You warrant that you are not located in a country subject to EU or Spanish trade sanctions or export control restrictions and are not a restricted party under applicable laws. You agree to comply with all relevant export control and sanctions laws.
12. Governing Law and Jurisdiction
This Agreement is governed by the laws of Spain, excluding its conflict of law rules. For Disputes not subject to arbitration, you agree to the exclusive jurisdiction of the courts in Madrid, Spain. This does not affect your statutory consumer rights under the laws of your country of residence.
13. Notices
We may send notices via email, regular mail, or by posting on the Platform. Notices to us must be sent to contact@hypnotherapist.es. Notices are deemed received on the date sent or posted.
14. Complaints
For complaints about the Platform or Services, contact us at contact@hypnotherapist.es. You may also contact the Spanish Consumer Affairs Agency or your local consumer protection authority.
15. General Provisions
- Entire Agreement: This Agreement, including the Privacy Policy, constitutes the entire agreement between you and Hypnotherapist.es.
- Changes: We may update this Agreement by posting changes on the Platform. Changes are effective upon posting. Continued use of the Platform after changes constitutes acceptance.
- Assignment: We may assign this Agreement or its obligations without notice. You may not assign this Agreement without our consent.
- Severability: If any provision is found invalid or unenforceable, the remaining provisions remain in effect.
- Survival: Provisions on arbitration, liability, indemnification, and intellectual property survive termination of this Agreement.
Contact Us
For questions or complaints, contact us at:
Email: info@hypnotherapist.es