Terms of Service for Therapists using Healper
1. Introduction
1.1 Healper is a psychology house for independent subcontractors of therapy. These Terms of Service ("Terms") apply to all therapists ("Therapist," "you," "your") using the Healper ApS ("Healper," "we," "us," "our") platform and website ("Platform") to offer therapeutic and advisory services ("Services").
1.2 By accepting these Terms, you as a Therapist on Healper commit to comply with them.
1.3 Therapists are not employees of Healper but act as independent subcontractors of therapeutic services.
2. Therapist Obligations
2.1 The Therapist commits to providing accurate and truthful information and performing work in accordance with their license or certification and liability insurance. The Therapist is solely responsible for the therapy performed.
2.2 The Therapist is responsible for setting the price and conditions such as cancellation deadlines and terms for any Service.
2.3 The Therapist must perform therapy in accordance with the rules and standards set by relevant professional associations and authorities, including the Danish Psychological Association, the Psychology Board/Ankestyrelsen, the Danish Psychotherapist Association, the Association of Danish Psychotherapists, and the Health Authority. It is the Therapist's responsibility to stay updated and comply with the aforementioned applicable rules and guidelines at all times.
2.4 The Therapist agrees to use Healper's platform exclusively for professional services within taxable and VAT-liable psychotherapy and accepts the Terms of Service for Therapists on the Healper Platform by using the Platform.
2.5 The Therapist must maintain valid and sufficient liability insurance and provide documentation thereof to Healper upon request.
2.6 The Therapist accepts Healper's Data Processing Agreement for therapists (DPA).
2.7 The Therapist guarantees that they are duly VAT and/or payroll tax registered and that the Therapist will comply with any and all VAT and payroll tax regulation, including applying VAT to the invoices sent to users of the Platform to the extent required by law.
2.8 The Therapist is responsible and obligated to pay taxes and social contributions to the competent authorities as required by law.
3. Documentation and Qualifications
3.1 Healper reserves the right at any time to request documentation from the Therapist regarding the Therapist's qualifications, licenses, or insurances.
3.2 The Therapist may not receive, process, or store sensitive personal data about Healper clients outside of Healper's platform. Healper disclaims responsibility for data exchanged outside of its platform.
4. Services and Payments
4.1 The Therapist is compensated according to the agreement between Healper and the Therapist.
4.2 If payment is delayed, e.g., due to incorrect personal information from the client, it is the Therapist's responsibility to ensure accurate information, while Healper is responsible for completing the transaction. The Therapist is guaranteed compensation for work performed within the current month plus an additional month, however, with a maximum outstanding sum of DKK 10,000. If this outstanding sum is exceeded, the Therapist is obligated to inform Healper via support@healper.dk.
5. Cancellation Policy
5.1 The Therapist is obligated to have an available cancellation policy and comply with it.
6. Subscription
6.1 Healper offers Therapists a subscription service that facilitates booking and other administration for the Therapist. Upon the Therapist's purchase of a subscription, they are subject to an assessment of the Therapist's qualifications (based on pre-set objective and non-discriminatory criteria). If a Therapist does not meet Healper's quality requirements, Healper may choose not to accept the subscription. The Therapist will then be refunded if payments for the subscription have already been made. If the Therapist meets Healper's quality requirements, Healper will grant the Therapist a non-exclusive, non-transferable, and non-sublicensable right to use the service during the subscription period.
6.2 The Therapist receives confirmation of payment after purchase.
6.3 The use of the service is only for subscribers.
6.4 The subscription agreement is per Therapist and may not be shared.
6.5 Prices, features, and options depend on the chosen subscription by the Therapist. Healper does not guarantee that a particular subscription will be offered indefinitely. Healper reserves the right to change prices, features, or options offered in a specific subscription without warning, provided that it does not take effect until the Therapist's billing term and that the Therapist has a real opportunity to cancel their subscription beforehand.
6.6 The Therapist can cancel their subscription at any time. All subscriptions can be terminated at any time without notice by Healper. The cancellation can only occur at the end of an initiated period, typically spanning a month. Cancellation is done by contacting Healper at support@healper.dk.
6.7 The subscription can be paused. In this case, the Therapist will lose access to all the features covered by the subscription. If the subscription is reactivated, the Therapist will regain access.
7. Confidentiality and Data Protection
7.1 The Therapist must protect clients' confidential information and comply with Healper's data processing agreement and applicable data protection legislation.
7.2 A new client manually created by the therapist in Healper's administration system automatically becomes subject to the same terms and rights as other clients.
8. Termination of Agreement and Sanctions
8.1 Healper has the right to terminate the agreement and remove the therapist from the platform for violating these terms or if the therapist's behavior damages Healper's reputation.
8.2 Violation of these Terms may lead to immediate exclusion from the platform, and Healper reserves the right to pursue further legal claims.
9.1 Intellectual Property Rights
9.1 Healper owns all intellectual property rights associated with the Platform.
9.2 Except for the limited rights that the Therapist obtains through collaboration with Healper, Healper grants no intellectual property rights or license to products or services offered by Healper.
9.3 However, the Therapist is entitled- and encouraged to use Healper's trademarks and other intellectual property rights to promote Healper and the Therapist's collaboration with Healper. Any such use should be done with respect for Healper's image and values, and Healper is at all times entitled to limit the Therapist's use of Healper's intellectual property rights.
9.4 If a third party makes claims against Healper due to an infringement of third-party rights in connection with Healper's name, listings, logo, and/or other material, the therapist is obligated to indemnify Healper against any claim of any kind and any costs or claims resulting from such infringement of third-party rights.
10. Non-Competition Obligation
10.1 The Therapist agrees that during the collaboration with Healper, they may not, either directly or indirectly, provide the same or similar services to the clients that the Therapist has come into contact with through the collaboration with Healper.
11. Changes to Terms
11.1 Healper reserves the right to change these Terms. If the changes alter the Therapist's legal position, Healper will notify the Therapist of the relevant changes. If the Therapist has not terminated collaboration with Healper within 14 days of receiving notification of the changes, the changes are considered accepted.
12. Other Terms
12.2 The Therapist is also subject to Healper's Terms of Service for Users.
13. Law and Jurisdiction
13.1. These terms are subject to Danish law and shall be interpreted accordingly.
13.2 Any dispute between the Parties regarding these terms, which cannot be resolved amicably, shall be decided by the Copenhagen City Court.
13.3 In case of discrepancies or conflicts between the Danish and the English version of these terms, the Danish version shall prevail. This ensures that the interpretation and enforcement of these terms are governed by Danish law, reflecting the original language and legal framework intended by Healper.