Terms & Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and Digi Therapy, Inc. ("Digi Therapy," "Company," "we," "us," "our"), governing your access to and use of the website located at digitherapy.com.npand all related applications, services, features, and content (collectively, the "Platform").

By accessing or using the Platform, creating an account, or clicking "I Agree" or any similar button or checkbox, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy, all of which are incorporated herein by reference.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM. YOUR CONTINUED USE OF THE PLATFORM CONSTITUTES YOUR ONGOING ACCEPTANCE OF THESE TERMS.

2. Eligibility

To use the Platform, you must: (a) be at least 16 years of age, or the age of majority in your jurisdiction, whichever is greater; (b) have the legal capacity to enter into a binding agreement; (c) not be barred from using the Platform under applicable law; and (d) provide accurate and complete information during registration and keep your account information up to date.

If you are accessing the Platform on behalf of a corporation, organisation, or other legal entity (as a corporate client or EAP participant), you represent and warrant that you have authority to bind such entity to these Terms.

3. Description of Services

Digi Therapy provides a digital platform that facilitates:

• Therapy Session Booking: Connecting clients with qualified mental health professionals for individual, couples, family, and corporate therapy sessions.
• Video Sessions: Real-time therapy sessions powered by Zoom Video SDK.
• Therapist Matching: Personalised therapist recommendations based on your preferences, questionnaire responses, and availability.
• Payment Processing: Secure payment processing for therapy sessions through Khalti (supporting NPR and USD currencies).
• Employee Assistance Programme (EAP): Corporate mental health programmes including eligibility verification, session coverage, and utilisation tracking.
• Onboarding & Assessment: Guided questionnaires to understand your therapy needs and preferences.
• Clinical Intake & Screening: Optional intake, informed consent, PHQ-9/GAD-7 questionnaires, and risk screening to prepare for therapy sessions and to provide crisis guidance when appropriate.

4. Platform Role & Medical Disclaimer

DIGI THERAPY IS A TECHNOLOGY PLATFORM THAT CONNECTS CLIENTS WITH INDEPENDENT QUALIFIED THERAPISTS. DIGI THERAPY IS NOT A HEALTHCARE PROVIDER, MEDICAL PRACTICE, OR CLINICAL FACILITY AND DOES NOT ITSELF PROVIDE THERAPY, COUNSELLING, DIAGNOSIS, OR ANY FORM OF MENTAL HEALTH TREATMENT.

Therapists available through the Platform are independent professionals, not employees or agents of Digi Therapy. The Platform does not exercise control over, and assumes no responsibility for, the quality, safety, legality, or suitability of therapy services provided by therapists.

The Platform and its content are for informational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions regarding a medical or mental health condition. If you are in crisis or experiencing a mental health emergency, call your local emergency services or a crisis helpline immediately. Do not rely on the Platform for emergency assistance.

Any questionnaires or screening tools provided through the Platform are intended to support clinical conversations and do not constitute a medical diagnosis on their own.

5. User Accounts

5.1 Account Registration

To access certain features of the Platform, you must create an account by providing accurate, current, and complete information. You may register using your email address and password or through supported third-party OAuth providers (Google, GitHub, Facebook, LinkedIn).

5.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your password, session tokens, and any other authentication credentials. You agree to: (a) immediately notify us of any unauthorised access to or use of your account; (b) ensure you sign out from your account at the end of each session, particularly on shared devices; and (c) not share your account credentials with any third party.

You acknowledge and agree that Digi Therapy shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

5.3 Account Types

The Platform supports the following user roles, each with distinct access levels and permissions:

• Client: Individual users booking and attending therapy sessions.
• Corporate Client: Users whose therapy sessions may be partially or fully covered by their employer through an EAP programme.
• Therapist: Qualified mental health professionals offering their services through the Platform.
• Administrator: Authorised personnel responsible for Platform management and oversight.

5.4 Account Suspension & Termination

We reserve the right to suspend, restrict, or terminate your account and access to the Platform at any time, with or without notice, for any reason, including but not limited to: (a) violation of these Terms; (b) fraudulent or illegal activity; (c) conduct that is harmful to other users, therapists, or the Platform; (d) extended periods of inactivity; or (e) requests from law enforcement or other governmental authorities.

6. Appointments & Sessions

6.1 Booking & Scheduling

When you book a therapy session through the Platform, you are entering into a direct arrangement with the selected therapist. Appointment confirmations are subject to therapist availability. All appointment times are displayed in your local timezone as configured in your account preferences.

6.2 Session Types

Sessions conducted through the Platform are provided as video sessions. Video sessions are facilitated through third-party infrastructure (Zoom Video SDK). You are responsible for ensuring you have a stable internet connection, a functioning camera and microphone, and a private environment for your session.

6.3 Cancellation & Rescheduling

You may cancel or reschedule appointments in accordance with the cancellation policy displayed at the time of booking. Cancellations made within the permitted timeframe will be eligible for a full refund. Late cancellations or no-shows may be subject to charges as outlined in the applicable cancellation policy.

6.4 Session Conduct

You agree to participate in sessions in good faith and to treat therapists and other users with respect. You shall not record, distribute, or share the content of any therapy session without the prior written consent of all participants. Violation of this provision may result in immediate account termination and potential legal action.

7. Payment Terms

7.1 Fees & Pricing

Session fees are set by individual therapists and are displayed on the Platform prior to booking. Prices may be displayed in Nepalese Rupees (NPR) or US Dollars (USD). All fees are exclusive of applicable taxes unless otherwise stated.

7.2 Payment Processing

Payments are processed through Khalti, our third-party payment processor. By making a payment, you agree to Khalti's terms of service in addition to these Terms. We do not store your full payment instrument details (credit card numbers, bank account numbers) on our servers. Payment confirmation is subject to successful verification by Khalti.

7.3 EAP Coverage

If your employer has an active EAP agreement with Digi Therapy, eligible sessions may be partially or fully covered by your employer. Coverage is subject to the terms of your employer's EAP agreement, including maximum sessions per employee and coverage percentage. You are responsible for any portion of the session fee not covered by EAP.

7.4 Refunds

Refunds are processed in accordance with our cancellation policy. Approved refunds will be returned to the original payment method used for the transaction. Refund processing times may vary depending on your payment provider.

8. User Conduct & Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Platform for any purpose that is unlawful, fraudulent, or harmful, or in connection with any unlawful, fraudulent, or harmful purpose or activity.
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
• Attempting to gain unauthorised access to any portion of the Platform, other users' accounts, computer systems, or networks connected to the Platform.
• Interfering with, disrupting, or creating an undue burden on the Platform or the networks or servers connected to the Platform.
• Using any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express prior written consent.
• Uploading, transmitting, or distributing viruses, malware, or any other malicious code through the Platform.
• Harassing, threatening, intimidating, or bullying any user or therapist on the Platform.
• Collecting or storing personal information of other users without their explicit consent.
• Using the Platform to advertise or solicit any commercial products or services without our authorisation.
• Circumventing or attempting to circumvent any security measures, access controls, or rate limiting mechanisms.
• Recording, screen-capturing, or otherwise capturing the content of therapy sessions without the explicit written consent of all participants.

8.1 Therapist Safety & Professional Conduct

Digi Therapy maintains a zero-tolerance policy for conduct that compromises the safety, dignity, wellbeing, or professional boundaries of therapists, staff, or other users.

Users agree that all therapy sessions conducted through or arranged by the Platform are professional clinical interactions. Users shall not engage in any inappropriate, abusive, sexually explicit, threatening, intimidating, discriminatory, or harassing conduct during or in connection with any session.

Prohibited conduct includes, but is not limited to:

• nudity or intentional exposure of intimate body parts;
• masturbation or other sexual activity during a session;
• sexual comments, propositions, requests, or sexually explicit communications directed toward therapists or staff;
• harassment, intimidation, stalking, threats, abusive language, or discriminatory conduct;
• recording, photographing, screen-capturing, or distributing session content without explicit written consent from all participants;
• appearing intoxicated or impaired to a degree that creates safety, ethical, or professional concerns;
• conduct reasonably deemed inappropriate, exploitative, unsafe, or disruptive by Digi Therapy or the therapist.

Therapists reserve the right to immediately pause or terminate any session in which they feel unsafe, harassed, threatened, professionally compromised, or subjected to inappropriate conduct, without prior warning.

Digi Therapy further reserves the right, at its sole discretion, to suspend, restrict, investigate, or permanently terminate user accounts and access to services where reports of prohibited conduct are received, whether such conduct occurs on the Platform itself or during sessions arranged through Digi Therapy by external communication channels including email, telephone, or messaging applications.

Users acknowledge and agree that Digi Therapy may take protective or preventative action based on credible reports, internal reviews, therapist safety concerns, or suspected violations of these Terms, even where formal legal proceedings, recordings, or independent third-party evidence are unavailable.

Digi Therapy may preserve relevant communications, booking records, payment records, metadata, and reports for safety, legal, compliance, investigative, or dispute-resolution purposes.

9. Intellectual Property

9.1 Our Intellectual Property

The Platform and its entire contents, features, and functionality — including but not limited to text, graphics, images, logos, icons, software, code, user interface design, and trademarks — are owned by Digi Therapy, its licensors, or third-party content providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

9.2 Limited Licence

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform solely for your personal, non-commercial use. This licence does not include any right to: (a) modify, copy, or create derivative works based on the Platform; (b) reverse engineer, decompile, or disassemble any software used in connection with the Platform; or (c) use any data mining, robots, or similar data gathering and extraction methods.

9.3 User Content

You retain ownership of any content you submit to the Platform (e.g., session notes, questionnaire responses, profile information). By submitting content, you grant us a limited, non-exclusive, worldwide, royalty-free licence to use, store, display, and process such content solely for the purposes of operating and providing the Platform.

10. Therapist Terms

If you are a therapist using the Platform, you additionally agree to:

• Maintain all required professional licences, certifications, and registrations, and to provide accurate information regarding your credentials.
• Provide therapy services in accordance with applicable professional standards, ethical guidelines, and laws.
• Maintain client confidentiality in accordance with applicable healthcare privacy laws and professional obligations.
• Not solicit clients to leave the Platform for direct, private engagements to circumvent Platform fees.
• Respond to booking requests and maintain accurate availability schedules.
• Not engage in any discriminatory practices in the provision of services.

Digi Therapy reserves the right to verify therapist credentials and to remove from the Platform any therapist who fails to meet the required professional standards or violates these Terms.

10.1 Therapist Safety & Incident Support

Digi Therapy is committed to supporting therapist safety and professional wellbeing.

Therapists may report any conduct that they reasonably believe violates professional boundaries, ethical standards, or Platform policies. Digi Therapy may provide administrative, supervisory, wellbeing, or post-incident support resources at its discretion following safety-related incidents or reports of harassment or abuse.

Therapists shall not be penalised for terminating sessions in good faith due to safety concerns, harassment, sexually inappropriate conduct, threats, or other material violations of these Terms.

11. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIGI THERAPY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, Digi Therapy does not warrant that:

• The Platform will be available at all times, uninterrupted, secure, or error-free.
• Any defects or errors in the Platform will be corrected.
• The results obtained from the use of the Platform will be accurate, reliable, or complete.
• The quality of any therapy services, information, or other material obtained through the Platform will meet your expectations.
• The Platform will be free from viruses, malware, or other harmful components.
• Any therapist recommendations or matching will guarantee therapeutic outcomes.

You acknowledge that you access and use the Platform at your own risk and discretion. You are solely responsible for any damage to your computer system, mobile device, or loss of data resulting from your use of the Platform.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGI THERAPY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of (or inability to access or use) the Platform.
• Any conduct or content of any third party on the Platform, including therapists, other users, or any defamatory, offensive, or illegal conduct.
• Any content obtained from or through the Platform.
• Unauthorised access, use, or alteration of your transmissions or content.
• Any data breach, security incident, or loss of personal information, however caused.
• The quality, adequacy, or suitability of any therapy services provided by therapists through the Platform.
• Technical failures, system outages, or server disruptions.

IN NO EVENT SHALL DIGI THERAPY'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO DIGI THERAPY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD $100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

13. Indemnification

You agree to indemnify, defend, and hold harmless Digi Therapy and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your access to or use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law, regulation, or third-party right; (d) any content you submit or transmit through the Platform; or (e) your negligent or wilful misconduct.

14. Dispute Resolution & Governing Law

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Nepal, without regard to its conflict of laws provisions.

14.2 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact us at [email protected] and attempt to resolve any dispute informally for at least 30 days. We hope to resolve most disputes through this informal process.

14.3 Jurisdiction

Any disputes arising out of or in connection with these Terms that cannot be resolved informally shall be subject to the exclusive jurisdiction of the courts of Kathmandu, Nepal.

15. Force Majeure

Digi Therapy shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay arises from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, epidemics, pandemics, war, terrorism, riots, government actions, embargoes, sanctions, labour disputes, strikes, power failures, telecommunications failures, internet service provider failures, cyber-attacks, or any other event of force majeure.

16. Modifications to Terms

We reserve the right to modify, amend, or update these Terms at any time, at our sole discretion. When we make material changes, we will: (a) update the "Last Updated" date at the top of this page; and (b) provide notice through the Platform and/or via email at least 15 days before the changes take effect.

Your continued use of the Platform after the effective date of any revised Terms constitutes your acceptance of and agreement to the updated Terms. If you do not agree to the revised Terms, you must discontinue use of the Platform and close your account.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, shall be severed, and the remaining provisions of these Terms shall continue in full force and effect.

18. Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Digi Therapy to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Digi Therapy with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether oral or written.

20. Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. Digi Therapy may assign or transfer these Terms, or any rights or obligations hereunder, without restriction, including in connection with a merger, acquisition, or sale of assets.

21. Contact Information

For any questions, concerns, or notices regarding these Terms, please contact us:

• Legal: [email protected]
• General Enquiries: [email protected]
• Postal Address: Digi Therapy, Inc., Kathmandu, Nepal