Terms and Conditions
BeFree Mental Health S.A.S. is a simplified joint-stock company of Colombian nationality, with NIT No. 901816798-1, incorporated in the city of Manizales on March 24, 2024, under registration number 236389, recorded in the Commercial Registry of the Manizales Chamber of Commerce.
BeFree’s contact information is as follows:
Address: Av. Santander 62-39, Capitalia Business Center, Office 502B, Manizales, Colombia.
Email: info@befreehealth.ai
Contact: +57 310 690 9864
BeFree is a web platform and a mobile application, accessible through the BeFree website (www.befreehealth.ai) or from BeFree’s proprietary mobile application (the “Platform”), available for Patients who are:
Internet clients of BeFree’s partners who are beneficiaries of BeFree partner programs.
Employees of companies that are BeFree’s clients (beneficiaries of a corporate program where the company fully covers the services provided to its employees or provides them with a discount code).
The Platform is available to the above-mentioned Patients interested in sharing their concerns and needs with professionals (“Professionals”), psychologists (“Psychologists”), or psychiatrists (“Psychiatrists”) in order to receive psychological or psychiatric support services from them. This allows Patients and Professionals to establish contact and manage their professional relationship using the communications available on the Platform (“Communications”) to deliver their services (“Services”).
Patients and Professionals will be collectively referred to as “User(s).”
BeFree offers Services to Registered Users. Therefore, Users must create an account and provide basic information about themselves, authorizing BeFree to process this information in accordance with our Privacy Policy, which forms an integral part of this document and can be found in the Privacy Policy section of our Platform.
Patients must distinguish between:
The services provided by Professionals to Patients via Communications, and the services provided by BeFree.
The provision of services is carried out by Professionals for Patients. These services are provided exclusively by the Professionals, Psychologists, and Psychiatrists, in their own name and on their own behalf, not by BeFree.
BeFree does not provide healthcare services; it serves only as a tool that facilitates therapy between Professionals and Patients.
BeFree connects Psychologists and Psychiatrists with their Patients while providing the technical means to enable Communications.
Accordingly, only Psychologists and Psychiatrists are responsible for any claims made by Patients or third parties related to the Communications or the conduct of the Professionals.
BeFree is completely detached from the provision of healthcare services and Communications by Professionals or their conduct. Psychologists provide their services with full autonomy and independence.
To use the Platform, Users must be over 14 years of age and have parental or guardian consent, or be of legal age and have full legal capacity. The use of the Platform by children under the age of 14 is expressly prohibited.
Users explicitly agree to make appropriate use of the Communications and the Platform. Specifically, they agree to:
Use it in their own name, under their sole responsibility, and for personal purposes.
Not use it for profit, promotional, or commercial purposes (such as promoting their own establishment or services or harming those of others), without prejudice to the lawful professional activity of Psychologists.
Not archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, sell, or (unless expressly authorized in these Legal Terms) use any content or information contained in or obtained through the Platform.
Not disseminate content that is criminal, violent, pornographic, racist, xenophobic, offensive, terrorist-related, or generally contrary to law or public order.
Not introduce computer viruses or perform actions that may alter, damage, interrupt, or cause errors to BeFree’s or third parties’ electronic documents, data, or physical or logical systems, nor block access to the website and its services by consuming excessive computational resources.
Not upload, publish, email, or transmit any material designed to disrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment associated with the Platform.
Accept that BeFree may terminate or restrict their use of the service if they breach these Legal Terms or engage in illegal or fraudulent use.
Not attempt to access other Users’ accounts or restricted areas of BeFree’s or third parties’ computer systems, nor extract information from them.
Not infringe upon the privacy, image, honor, data protection rights, intellectual or industrial property rights, or confidentiality of BeFree or Users.
Maintain the confidentiality of Communications content. Psychologists are required to uphold strict confidentiality and adopt appropriate security measures.
Not impersonate other Users, public administrations, or third parties.
Not reproduce, copy, distribute, make available, or otherwise publicly communicate, transform, or modify the content available on the Platform or any of its web portals or mobile applications unless authorized by the rights holder or legally permitted.
Not collect data for advertising purposes or send unsolicited commercial communications.
All content of the Platform and mobile application, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source code, constitutes a work owned by BeFree. No exploitation rights are transferred to Users beyond what is strictly necessary for proper use of the Platform.
Additionally, all trademarks, trade names, or distinctive signs of any kind that appear on the Platform or any of its linked portals and mobile applications, owned by BeFree (or third parties with whom BeFree has agreements), do not grant any rights to the User regarding their use or access.
The distribution, modification, assignment, or public communication of the content, and any other act not expressly authorized by the holder of the exploitation rights, is prohibited.
The mere use of the Platform automatically implies full and unconditional acceptance by the User of these Legal Terms in the version published by BeFree at any given time.
Consequently, the User must periodically read the Legal Terms to be aware of any changes, which may not necessarily be notified.
In addition to these Legal Terms, any other general and/or specific conditions agreed upon by the Users regarding the use of certain resources and/or content made available on the website or mobile application shall also apply.
In case of conflict between these Legal Terms and other conditions specific to a certain area or service of the Platform, the latter shall prevail regarding the use or access of that area or service.
Similarly, in case of any conflict between specific terms and general terms, the specific terms shall prevail.
The set of terms and conditions resulting from the Legal Terms and the various general and specific conditions applicable to each User regarding the service shall be referred to as the “Contractual Relationship.”
Registration on the Platform through the website www.befreehealth.ai or the mobile application is necessary to receive Communication services and, when applicable, to browse and enjoy certain functionalities in various sections of the website or the mobile application.
Specifically, Patients may register via email and password.
The collection, processing, and purpose of personal data use are governed by the provisions set forth in these Legal Terms, as well as the Platform’s Data Protection Policy and Cookie Policy.
With respect to Communications, BeFree shall act solely as an intermediary service provider to host and link content (mainly the Communications). BeFree does not exercise control or oversight over the content of Communications. As such, BeFree is not obliged to review content uploaded or published on the Platform by Users, including Communications.
Content uploaded or published by Users, including Communications, is created, hosted, and shared by Users. Therefore, BeFree assumes no responsibility for such content.
The provisions of this paragraph are without prejudice to detection and removal procedures described below.
You release BeFree from any liability related to your participation in Communications or the use of content created by other Users, including any act or omission by Psychologists, Psychiatrists, or Patients.
BeFree makes no representations or warranties regarding any content or Communications. The relationship between the Patient and the Professional is direct and exclusive, without BeFree’s involvement, since BeFree does not validate or control the Communications or other services provided by Professionals to Patients.
Therefore, Users must maintain an adequate level of care, attention, and diligence. The advice given by a Psychologist is not and cannot be equivalent to or a substitute for medical advice.
Finally, Patients must be aware that services provided by Psychologists or Psychiatrists through Communications are not a substitute for, nor equivalent to, face-to-face sessions with a Mental Health Professional. Patients should evaluate the advantages and disadvantages of using an online platform through Communications to obtain Professional services and decide whether these meet their needs.
Professionals are not employees, collaborators, or representatives of BeFree; they are independent service providers who only use the Platform to offer their professional services to Patients and receive compensation for doing so. Consequently, Patients are clients of the Psychologist or Psychiatrist, paying directly to the Professional, who will then issue the corresponding invoice for the services provided.
Each Patient must manage their relationship with the Professionals independently and at their own discretion. Users agree that any legal action or civil liability arising from acts or omissions of Psychologists, Psychiatrists, Patients, or third parties must be directed exclusively at them and not at BeFree.
Both Professionals and Patients shall indemnify and hold BeFree harmless from any damages resulting from a claim, whether judicial or extrajudicial, by a Patient, Psychologist, Psychiatrist, or third party for any reason related to their conduct on the Platform. This indemnification obligation shall extend to BeFree, its affiliated entities, subsidiaries, managers, employees, collaborators, and agents.
The indemnification obligation shall include representation and legal assistance costs and other legal or procedural expenses.
Notwithstanding the foregoing, Users may and should report any irregularity or violation they detect with respect to other Users.
In such cases, BeFree may:
Remove, cancel, and/or report to the competent authorities any act, omission, or content from Users that violates the Contractual Relationship, the law, or third-party rights (including intellectual property, industrial property, image rights, privacy, and honor rights).
Disclose identifying data (and other legally relevant data) of Users likely responsible for reported violations to the competent authorities and third parties with a legitimate, legally protected interest, in accordance with personal data protection regulations.
Cancel the account of any User who has committed such acts or omissions or is responsible for such content.
BeFree reserves the right to maintain or restore content or an account if it is proven that a request was false or abusive, and to cancel the account of the User who falsely reported, or take any other appropriate action.
At its sole discretion and judgment, BeFree may take measures it deems appropriate for the proper functioning of the Platform and the highest User satisfaction, including imposing restrictions, barriers, or automated measures to prevent conduct contrary to these Legal Terms, without assuming any liability for such actions.
Reports must be submitted under the responsibility and commitment that the information provided is accurate and truthful, specifying:
Personal data to identify and contact the complainant.
Specification of the alleged illegal activity carried out on the Platform and justification thereof, including, where applicable, identification of infringed rights, infringing acts, and their location on the Platform.
Such notifications must be sent to info@befreehealth.ai with the subject line: “User Report.” BeFree may, at its sole discretion, make other mechanisms available for Users to submit such notifications.
With respect to the service provided by BeFree (i.e., making the Platform available to facilitate contact between Patients and Professionals) — which is different from the services provided by Psychologists and Psychiatrists to Patients — BeFree only assumes the contractual obligations described in these Legal Terms and does not provide warranties to Patients.
In particular, BeFree disclaims any liability, including but not limited to:
Actions or omissions of Psychologists and Psychiatrists, for which they are exclusively responsible. In this regard, the warnings set out in section 3 of these Legal Terms must be reviewed.
Proper, continuous, or uninterrupted operation of the website and/or mobile application, which BeFree may cease at any time at its discretion, notwithstanding any specific contractual commitments undertaken in exchange for financial compensation and under conditions different from these Legal Terms.
Compatibility of the website and/or mobile application with Users’ access devices, whether computers, browsers, mobile devices, or other types.
Accuracy of advertisements or sponsored content on the website and/or mobile application, for which the advertiser or sponsor is responsible.
Suitability of the Platform for Users’ needs or expectations.
Levels of satisfaction, quality of life, profits or profitability, or the absence of losses or damages as a result of using the Platform.
Truthfulness, accuracy, and validity of User data.
Solvency, technical, commercial, moral, or financial reliability of Users.
Legality, accuracy, truthfulness, and validity of what Users state in Communications or on the website and/or mobile application.
Conclusion, successful outcome, or regularity of contracts or agreements entered into between Patients and Professionals (Psychologists or Psychiatrists).
Proper storage or conservation, or lack thereof, or loss of User content or statements in Communications or on the Platform.
Impossibility of accessing the website, existence of failures or defects of any kind in content transmitted, disseminated, stored, made available, or accessed through the website and/or mobile application or the services offered.
Presence of viruses or other elements in content that may cause alterations to Users’ computer systems, electronic documents, or data.
Non-compliance with laws, good faith, public order, commercial practices, and this legal notice as a result of improper use of the Platform.
In particular, and by way of example, BeFree is not responsible for the actions of third parties that infringe intellectual and industrial property rights, trade secrets, rights of honor, personal and family privacy, personal image, personal data protection, as well as unfair competition and unlawful advertising regulations.
BeFree also assumes no liability for information found outside the Platform (i.e., the website or mobile application). The purpose of links appearing on the Platform is solely to inform Users of the existence of other sources that may expand the content offered.
Operation or accessibility of linked sites is not guaranteed. BeFree does not suggest, invite, or recommend visiting them, and therefore is not responsible for the result obtained.
BeFree is not responsible for hyperlinks established by third parties. The establishment of a hyperlink does not imply any relationship between BeFree and the owner of the site where it is established, nor acceptance or approval by BeFree of its content or services. Anyone intending to establish a hyperlink must first request written authorization from BeFree.
In any case, the hyperlink will only allow access to the home page of the site www.befreehealth.ai or the mobile application. Users must refrain from making false, inaccurate, or incorrect statements about BeFree, the Platform, or any related element, or from including illegal content contrary to good morals and public order.
BeFree is not responsible for the use each User makes of materials made available on the website and mobile application, nor for actions carried out based on them.
THE SERVICES AND INFORMATION CONTAINED ON THE PLATFORM ORGANIZED BY BEFREE (I.E., DIFFERENT FROM COMMUNICATIONS) ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY FOR PERFORMANCE OR TRADE USAGE, WHICH ARE EXPRESSLY EXCLUDED.
BEFREE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND PARTNERS DO NOT WARRANT THAT:
THE SERVICES WILL BE SECURE OR AVAILABLE AT A SPECIFIC TIME OR ON A SPECIFIC WEBSITE;
DEFECTS OR ERRORS WILL BE CORRECTED;
CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR HARMFUL COMPONENTS;
RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
You must be aware that you use the Services at your own risk.
The price to be paid to Professionals (Psychologists and Psychiatrists) for Communications, and to BeFree for making the Platform available, is as follows:
The price for therapy services (the Communications) will be paid directly by Patients to the Professionals and will depend on the plan subscribed and selected by the Patient.
BeFree does not charge Patients for making the Platform available to consult Professionals’ services. However, BeFree may charge Patients for certain intermediary services it provides (for example, fees for processing subscription plan modifications). In such cases, the Patient will be duly informed in advance.
Payment for services provided by Psychologists or Psychiatrists will be made through the payment system or gateway. BeFree includes a link to the payment gateway for these payments but does not receive any amounts nor manage payments between Patients and Professionals.
In any case, payment of the corresponding fee within the agreed term through the payment gateway releases the Patient from liability. This means that once the payment for Communications has been made, the Psychologist cannot demand any additional amount for those services from the Patient.
Likewise, in cases where Patients are beneficiaries of Corporate Programs (where companies pay the full amount of the services) or BeFree Partner Programs, payment by the client company or BeFree partner releases such companies or partners from liability.
The price of Professionals’ services will be charged to Patients—or, in the case of Patients who are beneficiaries of Corporate or Partner Programs, to the Companies and/or Partners—on a recurring basis according to the plan selected, and continuously from the subscription date, unless canceled in accordance with these Legal Terms before the plan renewal date.
The billing date may change (for example, if the payment method was not set up correctly or if the subscription began on a day not included in the relevant billing period).
The payment system or gateway will always be indicated on the Platform and will be operated by a third party, which, vis-à-vis the Patient, will be solely responsible for its operation and for handling payment data (regardless of whether the gateway is accessible from the Platform or not). Please read the terms of such third parties before accepting the use of their payment system.
In any case, use of the system will require an accepted, valid, legitimate, and current payment method.
You may find and modify the specific details of your subscription and payment method on the Platform by visiting our website www.befreehealth.ai or through our mobile application “BeFree,” and clicking on the “My Subscription” link available in the account settings section.
Please note that issuers of certain payment methods may charge a fee for foreign currency transactions or other charges. Please check with your payment provider for details.
Failure to pay any outstanding amount, for any reason (including insolvency, expiration, insufficient funds, or any other cause), entitles BeFree to suspend your access to the Platform and/or Communications until a valid payment method is provided.
Patients may suspend their subscription at any time and will continue to have access to the Platform and/or Communications until the end of the billing period.
If the Patient wishes to revoke the consent given to the Professional to terminate therapy sessions (the Communications), they must notify the Psychologist or Psychiatrist or write to the following address: info@befreehealth.ai.
If the Patient intends to suspend payment for the service, they may do so in the “My Subscription” section available in the account settings area of the Platform.
If the Patient intends to completely cancel their account (which will prevent further access), they may do so in the “My Profile” section, also available through the account settings area.
If the Patient registered using their account with a third party (whether entirely or only for payment purposes) and wishes to cancel their subscription on the Platform, they may need to do so through that third party. For example, they may need to visit their account with the relevant third party and deactivate automatic renewal of the service or unsubscribe through that third party.
In such cases, Patients should check with the third party before subscribing using that account.
Free Trial
The Psychologist or Psychiatrist may offer the Patient a one-week free trial during which the first session will be provided at no charge. During this trial week, the Patient may freely and at no cost cancel the subscription. However, if the Patient does not express their opposition to continuing with the service or to having further sessions with the Psychologist, it will be understood that the Patient wishes to continue with the initially selected plan and, if applicable, agrees to automatic renewal.
Invite a Friend
All Patients, except those who belong to Corporate Programs or Partner Programs, have a personal discount code they can share with others to register on the Platform.
Each time a new Patient registers for the first time using a Patient’s discount code, both the new Patient and the Patient whose code was used will receive a discount.
New Patients will benefit from a 20% discount applied to their first subscription, and after purchase, the Patient whose code was used will receive a 20% discount on their next subscription.
Invite a Professional Colleague
Psychologists and Psychiatrists on the Platform have a personal code they may share with new Patients and with new Professionals who are not yet using the Platform.
When a new Patient registers for the first time using the Professional’s discount code, the new Patient will receive a 20% discount on their first subscription.
If the code is shared with a professional colleague, the Psychologist or Psychiatrist sharing their personal or referral code may benefit from a discount on their usage fees.
The conditions of the referral code are described on the Platform’s support page.
Other Promotions
Patients, except those who belong to Corporate Programs or Partner Programs, may benefit from additional promotions on their first subscription (e.g., discount codes) agreed between BeFree and other entities.
BeFree gift cards are available on the website, in the gift card section.
Each gift card includes an activation code, provided in the downloadable gift card file and/or in the confirmation email sent to the recipient once the purchase has been completed.
A BeFree gift card is valid for 1 year from the date of purchase.
The expiration date is indicated both in the purchase confirmation email and in the email sent to the recipient.
The BeFree gift card can only be redeemed for the plan selected by the purchaser (weekly or monthly).
Refunds cannot be requested by the recipient. However, the purchaser has one month from the date of purchase to request a refund.
In case of loss or theft of the BeFree gift card, and provided it has not yet been used, the purchaser may contact BeFree to request a replacement gift card of the same value at no additional cost. The new gift card will be sent to the recipient and/or purchaser by email.
Recipients and/or purchasers must take appropriate measures to safeguard and protect the activation code provided in the downloadable gift card file and/or in the confirmation email sent to the recipient.
BeFree shall not be held responsible in case of public communication and/or disclosure of this confidential information.
BeFree reserves the right to reject any claim from a recipient who purchased their gift card outside the authorized distribution network, especially in the case of purchases from individuals or unofficial websites.
Any claims or requests for information, particularly regarding the purchase, refund, redemption, or operation of BeFree gift cards, must be directed to BeFree through our website in the “Contact” section.
The use of a BeFree gift card by the person redeeming it implies acceptance of these general terms of use.
BeFree reserves the right to amend these General Conditions at any time, with the understanding that such amendments will not apply to gift cards redeemed prior to the modification. The previous General Conditions will apply to gift cards redeemed before the new amendments.
The User who has created an account on the Platform through the website (www.befreehealth.ai) or the mobile application must maintain control over it, preventing third-party access. For this purpose, the User must not disclose their password or account details, or any associated payment information (for example, the last four digits of their credit or debit card, or their email address).
Users must be cautious with any communication requesting them to send their credit card, payment method, or account information, as this may result in identity theft and other financial damages.
You must always access your information directly through the official BeFree website or mobile application, and not through hyperlinks in emails or other electronic communications, even if they appear official.
We may cancel or block your account for security reasons.
BeFree is the owner, or where applicable holds the necessary licenses, for the intellectual and industrial property rights of the “BeFree” Platform and any associated websites or mobile applications.
Under no circumstances shall access, navigation, or use of the Platform, websites, or mobile applications be construed as a waiver, transfer, license, or total or partial assignment of such rights by BeFree.
Users have the right to use the Platform’s content and/or services strictly in accordance with the terms established in these Legal Terms.
References to registered trademarks, trade names, or other distinctive signs, whether of BeFree or third parties, imply a prohibition on their use without the consent of BeFree or their legitimate owners.
All intellectual and industrial property rights over the contents and/or services of the linked website (www.befreehealth.ai) and the mobile application are reserved. In particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform, or distribute, by any means or in any form, all or part of their contents without the prior, express, and written authorization of BeFree Mental Health S.A.S. or, where applicable, the corresponding rights holder.
User Content
If the User sends, uploads, or publishes any information or content of any kind on the website or mobile application (including through Communications), the User declares, warrants, and agrees that:
They have the right to do so freely.
Such information does not infringe any intellectual or industrial property rights, trade secrets, or any other rights of third parties.
Such information is not confidential and is not harmful to third parties.
The User assumes full responsibility for these acts, holding BeFree harmless from any damages suffered, directly or indirectly, as a result.
Content uploaded or published by the User on the website and mobile application, other than that exchanged through Communications, shall be referred to as “User Content.”
Generally, BeFree does not “use” User Content. BeFree merely provides the technical means for Users to create, host, make available, use, and access such content.
However, in certain circumstances and jurisdictions, it may be necessary or desirable for BeFree to hold a license to provide the Services (“License for the Provision of Services”).
Therefore, the User authorizes BeFree to use, worldwide and for the entire duration of the legal term, all intellectual property rights (including reproduction, distribution, public communication, or transformation rights), industrial property rights, image rights, or any other rights related to the User Content in any known medium.
This license also grants BeFree the right, if necessary or convenient, to create and exploit derivative works from User Content to the same extent as stated above.
Beyond the foregoing, BeFree may also use User Content for the sole purpose of demonstrating the functioning of the Platform, to promote it, improve it, adapt it to trends or User preferences, and, in general, to develop its business (“Internal Use”).
To the extent necessary or appropriate to carry out Internal Use, the User authorizes BeFree to exploit, worldwide and for the full legal duration, all intellectual property rights, industrial property rights, image rights, or any other rights related to User Content provided by the User in any known medium.
This License for Internal Use, together with the License for the Provision of Services, are hereinafter referred to as the “Licenses.”
The License for Internal Use also includes the right of BeFree to create and exploit derivative works of the User Content, as stated above. This right is granted to BeFree on a non-exclusive, irrevocable, royalty-free, worldwide, and fully sublicensable basis.
The License for the Provision of Services also includes the right (but not the obligation) for BeFree to keep a backup copy of such User Content for the purpose of evidencing compliance by BeFree or a User with legal obligations, or to cooperate with public authorities, for a maximum period corresponding to the statute of limitations of such obligations.
Termination of the User account or of User Content will not affect the Internal Use License, which may continue for the full legal duration of the rights related to it, unless express revocation is allowed by law (such as the User’s right to revoke consent regarding personal image rights).
The User warrants to BeFree that they have the necessary rights to grant the Licenses and that the use of intellectual property, industrial property, image, or any other rights in accordance with these terms does not constitute a legal infringement, does not infringe the rights of third parties, does not breach obligations to third parties, and does not constitute unfair competition.
In case of doubt about the legality of the use of such User Content on the Platform, its linked websites, or the mobile application, BeFree advises Users not to use such User Content.
BeFree Mental Health S.A.S
