Terms & Conditions

1. About us

These Terms and Conditions (“Terms”) govern your access to and use of the website located at www.mitsu.care (“Website”), the Mitsu mobile application (“App”), and all services provided by Metacog Health Private Limited under the brand name “Mitsu” (“Mitsu”, “we”, “us”, or “our”).

These Terms shall be read together with our Privacy Policy and any service-specific terms, informed consent forms, declarations, policies, disclosures, or acknowledgements applicable to particular Services offered by Mitsu.

By accessing or using our Website, App, clinics, or any of our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you should not access or use our services.

2. Scope of Services

Mitsu provides a range of mental health services, including but not limited to:

• Individual psychotherapy and counselling.
• Psychiatric consultations and medication management.
• Psychological and neurodevelopmental assessments.
• Teen and adolescent mental health services.
• Teleconsultations and online sessions.
• Digital tools and guided self-help resources available through the Mitsu App.
• Educational content and other related services.

Services may be offered in-person, online, or through a hybrid model.

3. Service-specific terms and consents

Certain Services offered by Mitsu may require Users and/or their parents, guardians, caregivers, or other authorized representatives to provide additional informed consent, assent, declarations, acknowledgements, or agree to service-specific terms and conditions.

Such requirements may apply to, among others:

• Psychiatric consultations and prescriptions;
• Psychological and neurodevelopmental assessments;
• Services provided to minors;
• Teleconsultations;
• Couples or family therapy;
• Specific programs, products, or services introduced by Mitsu from time to time.

By accessing or using such Services, Users acknowledge and agree that:

• They may be required to review and provide explicit consent to additional terms, disclosures, or consent forms applicable to the relevant Service;
• Such service-specific terms, consents, acknowledgements, declarations, or disclosures shall form an integral part of these Terms;
• In the event of any inconsistency between these Terms and any applicable service-specific terms or consent documents, the service-specific terms shall prevail to the extent of such inconsistency;
• Mitsu reserves the right to withhold, suspend, or discontinue a Service where the required consents, declarations, or acknowledgements have not been obtained.

4. Eligibility

Services are generally intended for individuals aged 18 years and above.

Certain services may be made available to individuals below the age of 18 years, subject to:

• Consent of a parent or legal guardian;
• Assent from the minor, where appropriate;
• Any additional documentation or requirements prescribed by Mitsu.

Mitsu reserves the right to refuse or discontinue services where appropriate consent cannot be established.

5. Accuracy of Information

1. Users are responsible for ensuring that all information, records, and declarations provided to Mitsu are accurate, complete, and truthful.
2. Mitsu relies on information provided by Users and does not independently verify the identity of Users or the authenticity of information, insurance details, or supporting documents except where required by applicable law.
3. Mitsu shall not be responsible for any consequences arising from inaccurate, incomplete, misleading, or fraudulent information provided by a User or any person acting on their behalf.

6. Reliance on User identity and authority

1. Mitsu relies upon the identity, information, and authority represented by Users and persons acting on their behalf.
2. Except where required by applicable law, Mitsu does not independently verify the identity of Users or the authority of any person purporting to act on behalf of another individual.
3. Mitsu shall not be liable for any losses, claims, disputes, allegations of impersonation, fraud, or unauthorized acts arising from reliance on information or representations provided by Users or persons acting on their behalf.

7. Use of Services

Users agree:

• To provide accurate and complete information.
• To use the Services only for lawful purposes.
• Not to misuse, interfere with, or disrupt the Services.
• Not to impersonate another person or provide false or misleading information.
• Not to engage in abusive, threatening, or inappropriate behaviour toward Mitsu personnel or clinicians.

8. App and educational content

The Mitsu App and related educational materials are intended to provide informational and self-help support.

Such content:

• Does not constitute medical advice;
• Is not a substitute for diagnosis or treatment by a qualified healthcare professional;
• Should not be relied upon in emergencies.

Users are advised not to delay or disregard professional medical or psychological advice based on information provided through the App or Website.

9. Clinical Services

1. Psychotherapy, psychiatric consultations, assessments, and related services are provided by qualified mental health professionals exercising their independent professional judgment.
2. Mitsu does not interfere with or direct the clinical decisions made by individual clinicians.
3. Clinical outcomes vary from person to person, and Mitsu does not guarantee any particular result, improvement, or therapeutic outcome.

10. Teleconsultation Services

Certain services may be provided through teleconsultation.

Users acknowledge that:

• Teleconsultations may have limitations compared with in-person care;
• Technical failures, internet disruptions, or connectivity issues may affect service delivery;
• Teleconsultations shall be governed by applicable laws and professional guidelines relating to telemedicine and mental health practice.

11. Psychiatric Prescriptions

Prescriptions issued by Mitsu psychiatrists are intended solely for the individual for whom they are prescribed.

Users shall not:

• Alter or modify prescriptions;
• Use prescriptions beyond the dosage or duration intended by the treating psychiatrist;
• Share prescriptions with other individuals;
• Use prescriptions or medications for purposes other than those intended by the treating psychiatrist;
• Misuse prescriptions or medications.

Mitsu shall not be liable for any consequences arising from misuse, alteration, unauthorized reproduction, or fraudulent use of prescriptions.

12. Assessments and reports

Assessment reports are based on:

• Information provided by the User and/or caregiver;
• Clinical observations;
  Standardized tools and professional judgment.
• Reports are intended primarily for clinical and informational purposes.

Unless expressly stated otherwise, assessment reports shall not be construed as guarantees, certifications, or opinions regarding eligibility for:

• Educational accommodations;
• Employment benefits;
• Insurance claims;
• Government programs;
• Legal proceedings;
• Immigration or visa purposes.

13. Insurance and reimbursement claims

1. Invoices and receipts are generated based on information provided by Users.
2. Mitsu does not independently verify whether a User intends to submit such documents for reimbursement, insurance claims, or any other third-party purpose.
3. Users are solely responsible for ensuring the lawful and accurate use of invoices, receipts, and supporting documentation.
4. Mitsu shall not be responsible for:

• Rejection of claims;
• Allegations of fraud or impersonation;
• Disputes arising between Users and third parties relating to reimbursement or insurance claims.

14. Emergencies

Mitsu’s services are not intended for emergency or crisis intervention.

Users experiencing:

• Suicidal thoughts;
• Risk of self-harm;
• Violent behaviour;
• Psychosis;
• Medical emergencies;
• Any urgent or life-threatening condition,

should immediately contact emergency services or seek care from appropriate healthcare providers.

15. Right to refuse or discontinue services

Mitsu reserves the right to refuse, suspend, or discontinue services where:

• False or misleading information has been provided;
• Fraud or misuse is suspected;
• Required consents are unavailable;
• Safety concerns arise;
• A User behaves abusively, violently, or inappropriately;
• Continued provision of services is considered clinically inappropriate.

16. Fees, Cancellations and Refunds

Fees for various services shall be communicated through the Website, App, or by Mitsu personnel and may be revised from time to time.

Sessions and Consultations

Sessions may be rescheduled or cancelled subject to Mitsu’s prevailing cancellation and refund policies.

Missed appointments, late cancellations, or no-shows may be charged in accordance with such policies.

Packages and Session validity

1. Multi-session packages, prepaid services, or credits may be subject to validity periods specified by Mitsu. Unused sessions or credits may expire after such validity period.
2. Refund requests, if applicable, shall be processed in accordance with Mitsu’s prevailing refund policy.
3. Mitsu reserves the right to modify its pricing, cancellation, and refund policies from time to time.

17. Intellectual Property

All content available through the Website, App, and Services, including text, graphics, logos, videos, audio content, activities, questionnaires, reports, software, and educational material, are owned by or licensed to Metacog Health Private Limited and are protected by applicable intellectual property laws.

Users shall not:

• Copy, reproduce, distribute, publish, modify, or create derivative works from such content;
• Reverse engineer or attempt to extract source code;
• Use Mitsu’s content for commercial purposes without prior written consent.

18. Prohibited uses

Users agree not to:

• Use the Services for unlawful purposes;
  Impersonate another person;
• Provide false, misleading, or fraudulent information;
• Alter or misuse prescriptions, reports, invoices, or receipts;
• Use the Services in a manner that disrupts Mitsu’s operations;
• Engage in abusive, threatening, harassing, or inappropriate conduct toward clinicians or staff;
• Record, reproduce, distribute, publish, or publicly share therapy sessions, psychiatric consultations, assessment interactions, or other clinical encounters without the express consent of all participants and Mitsu;
• Use the Services in a manner that infringes the rights of others.

19. Limitation of liability

Mitsu exercises reasonable care in providing its Services. However, to the maximum extent permitted under applicable law, Mitsu, its directors, employees, clinicians, consultants, and affiliates shall not be liable for any indirect, incidental, consequential, exemplary, or special damages, including loss of profits, goodwill, data, opportunities, or other intangible losses arising out of or relating to:

• Use or inability to use the Services;
  Clinical outcomes or lack thereof;
• Delays or interruptions in service delivery;
  Technical failures or connectivity issues;
• Inaccuracies or omissions in information provided by Users;
• Misuse of prescriptions, reports, invoices, or receipts;
• Decisions made by third parties, including employers, schools, insurance providers, government authorities, or courts;
• Reliance placed by third parties on reports, prescriptions, invoices, receipts, recommendations, or other documents issued by Mitsu;
• Actions taken based on information available through the Website, App, or Services.

Mental health outcomes vary among individuals, and Mitsu does not guarantee any specific diagnosis, improvement, recovery, or therapeutic outcome.

Nothing contained in these Terms shall exclude liability that cannot be excluded under applicable law.

20. Indemnity

Users agree to indemnify and hold harmless Metacog Health Private Limited, its directors, officers, employees, clinicians, consultants, and affiliates against any claims, demands, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Violation of these Terms;
• Misuse of the Services;
• Provision of inaccurate, false, misleading, or fraudulent information;
• Misuse of prescriptions, reports, invoices, receipts, or other documents;
• Claims brought by third parties arising from the User’s acts or omissions.

21. Force Majeure

Mitsu shall not be liable for any delay, interruption, or failure in performance caused by circumstances beyond its reasonable control, including but not limited to:

• Natural disasters;
• Epidemics or pandemics;
• Government actions or restrictions;
• Power outages;
• Internet or telecommunications failures;
• Strikes or labour disputes;
• Technical failures or cyber incidents.

During such events, Mitsu may suspend, reschedule, or modify Services without liability.

22. Third-party platforms

Certain Services may rely upon third-party platforms, including video consultation software, payment gateways, communication platforms, or cloud service providers.

Mitsu does not control and shall not be responsible for interruptions, errors, or failures attributable to such third-party services.

23. Privacy

Collection, storage, and processing of personal information are governed by Mitsu’s Privacy Policy, which forms an integral part of these Terms.

By using the Services, Users consent to the collection and processing of information in accordance with the Privacy Policy and applicable laws.

24. Modifications to services and terms

1. Mitsu reserves the right to modify, suspend, discontinue, or update any part of its Services or these Terms from time to time.
2. Updated Terms shall become effective upon publication on the Website or App.
3. Continued use of the Services following such publication shall constitute acceptance of the revised Terms.

25. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions shall continue to remain in full force and effect.

26. Waiver

Failure by Mitsu to enforce any provision of these Terms shall not constitute a waiver of such provision or any other rights available to Mitsu.

27. Governing law and dispute resolution

1. These Terms shall be governed by and construed in accordance with the laws of India.
2. Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall first be attempted to be resolved amicably.
3. Failing such resolution, the dispute shall be finally resolved through arbitration in accordance with the Arbitration and Conciliation Act, 1996.
4. The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties. In the event the parties are unable to mutually agree upon the arbitrator, the arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
5. The seat and venue of arbitration shall be Mumbai, Maharashtra, India.
6. The proceedings shall be conducted in English.
7. Notwithstanding the foregoing, Mitsu shall be entitled to seek interim or injunctive relief before courts having jurisdiction in Mumbai.

28. Contact information

For questions, concerns, or requests relating to these Terms or the Services, Users may contact:

Metacog Health Private Limited
Brand Name: Mitsu
Email: hello@mitsu.care
Registered office: A-401, Galleria Mall, Hiranandani Gardens, Powai, Mumbai – 400076