Terms of Use

In these Terms of Use, the following terms have the meanings set out below:

• "Mentaal" or "the Publisher": the Mentaal platform, whose contact details are set out in the legal notice.
• "Site": the website available at mentaal.fr and all its subdomains.
• "Service": all the features offered by the Mentaal platform, in particular sending psychometric questionnaires to patients and receiving the scored results.
• "Customer": any qualified psychologist who has created an account on the platform, whether during a trial period or as the holder of a paid subscription.
• "Patient": any person who accesses a questionnaire through a link sent by a Customer, without creating an account.
• "User": any person who accesses the Site, whether a visitor, a Customer or a Patient.
• "Content": any data, information, text, answer or result entered or generated in the course of using the Service.

Accessing the Site and using the Service imply full and complete acceptance of these Terms of Use. The User acknowledges having read them and accepts them without reservation.

For Customers, acceptance of the Terms of Use is expressly confirmed when the account is created, by means of a dedicated checkbox. For Patients, acceptance results from opening the questionnaire link sent to them. For visitors, merely browsing the Site constitutes acceptance.

If the User does not accept any of the provisions of the Terms of Use, the User must refrain from using the Site and the Service.

These Terms of Use apply in addition to the following documents:

• the General Terms of Sale (the "Terms of Sale"), which govern the subscription to and paid use of the Service by Customers,
• the Privacy Policy, which details the processing of personal data,
• the Cookie Policy, which describes the use of cookies and trackers on the Site,
• the Legal Notice, which identifies the publisher and the hosting provider of the Site.

In the event of any conflict between these Terms of Use and the Terms of Sale, the Terms of Sale shall prevail with respect to matters relating to paid subscriptions and billing.

The Site is accessible free of charge to any User with internet access. Equipment, connection and communication costs are borne exclusively by the User.

Access to the Service as a Customer is strictly reserved for qualified psychologists who are authorized to practice. Mentaal reserves the right to verify this information at any time.

Mentaal undertakes, under a best-efforts obligation (obligation de moyens), to keep the Site and the Service accessible 24 hours a day, 7 days a week, subject to maintenance operations, interruptions caused by events beyond its control (in particular third-party hosting providers, network, force majeure) and any necessary technical changes. Mentaal shall not be held liable for any interruption or unavailability of the Site or the Service.

A Customer account is created on the Site by entering a professional email address. Authentication is performed by sending a single-use login code (OTP code) to that address, which the Customer enters on the Site to access their account, without a password.

The Customer warrants that the information provided at registration is accurate, current and truthful, and undertakes to keep it up to date for as long as they use the Service.

The Customer is solely responsible for:

• the confidentiality of the email address associated with their account,
• the security of their email account, which is the channel through which they receive authentication codes and questionnaire results,
• all actions performed from their account,
• not sharing access to their account with any third party.

In the event of any unauthorized or suspected use of their account, the Customer undertakes to notify Mentaal without delay at contact@mentaal.fr.

Suspension by Mentaal. Mentaal reserves the right to immediately suspend or delete a Customer's access to their account, without notice or compensation, in particular in the event of:

• any false statement or inaccuracy in the information provided,
• the Customer being struck off, suspended or prohibited from practicing,
• any breach of these Terms of Use or of the Terms of Sale,
• any fraudulent, abusive or improper use of the Service,
• any harm to the security of the Service, to data or to the rights of third parties,
• non-payment, for subscribed Customers.

Deletion at the Customer's request. The Customer may delete their account at any time and on their own from their personal account area, using the dedicated option. Deleting the account terminates any subscription, under the conditions set out in the Terms of Sale. Data is deleted or retained in accordance with the privacy policy.

Inactive accounts. Mentaal reserves the right to delete accounts that have been inactive for more than twelve (12) months, after prior notice by email.

Patients access the Service only through a personal link sent by their psychologist, without needing to create an account.

Participation in a questionnaire is voluntary. The Patient is under no obligation to answer it and may stop participating at any time. Declining to answer has no effect on the care provided by their psychologist, which is a matter solely for the therapeutic relationship between them.

The answers submitted by the Patient are communicated exclusively to the psychologist who sent them the link. The Patient does not directly receive any results or interpretation; these are intended for the psychologist, who will discuss them with the Patient as part of their follow-up.

With respect to the data they submit, the Patient has the rights provided for by the Règlement Général sur la Protection des Données (GDPR), as set out in the privacy policy. To exercise these rights, the Patient may contact their psychologist (the data controller) or contact Mentaal at contact@mentaal.fr.

Mentaal makes a set of questionnaires and psychometric assessment tools available to Customers. These tools are provided as an aid to assessment and are not intended to replace the psychologist's clinical analysis.

The Customer is solely responsible for:

• the choice of the tools sent to a given Patient, and the clinical relevance of that choice,
• sending, configuring and following up on the questionnaires,
• interpreting the results and the use they make of them,
• complying with the usage rules specific to each tool (in particular any licenses),
• communicating the results to the Patient, in compliance with the psychologists' code of ethics (code de déontologie des psychologues).

The automatic scoring produced by the Service is provided for information purposes only and in no event constitutes a diagnosis. Mentaal disclaims all liability for the clinical decisions made by the Customer.

The User undertakes to use the Site and the Service fairly and in accordance with their intended purpose, applicable regulations and these Terms of Use. Accordingly, it is prohibited in particular:

With respect to unlawful conduct:

• to use the Service for illegal, fraudulent, defamatory or abusive purposes, or for purposes contrary to public morals (bonnes mœurs),
• to infringe the rights of a third party (personality rights, professional secrecy),
• to transmit unlawful, hateful or discriminatory content, or content contrary to public policy (ordre public).

With respect to professional ethics:

• for Customers: to use the Service in breach of the psychologists' code of ethics, in particular by sending a Patient questionnaires that are unsuitable for them or without their informed consent,
• to misuse the Service for purposes unrelated to psychological care (unregulated recruitment, discriminatory selection, etc.).

With respect to technical misuse:

• to extract, systematically copy or "scrape" the Site or the database of the Service,
• to engage in reverse engineering, decompilation or any operation aimed at reconstructing the source code,
• to attempt to gain unauthorized access to non-public parts of the Site, to other Users' accounts or to Mentaal's infrastructure,
• to circumvent or tamper with security measures, or to transmit viruses, malicious code or anything likely to damage the Service,
• to deliberately overload the infrastructure (denial-of-service attacks, abusive automated requests).

Any breach of these rules may result in the immediate suspension of access to the Service, the deletion of the account and possible legal action.

Mentaal's property. All the elements making up the Site and the Service (texts, interfaces, graphics, logos, trademarks, databases, software, source code) are protected by intellectual property law and remain the exclusive property of Mentaal or its partners.

Mentaal grants the User a personal, non-exclusive and non-transferable right of use, limited to the normal use of the Site and the Service in accordance with these Terms of Use. Any reproduction, representation, modification, translation, extraction or reuse, in whole or in part, by any means whatsoever, without Mentaal's express authorization, is prohibited and constitutes infringement (contrefaçon).

Psychometric tools. Mentaal endeavors to respect the copyrights and terms of use applicable to the psychometric tools it makes available. If a tool subject to a license has been added by mistake, the User is invited to report it to contact@mentaal.fr so that Mentaal can remove or reclassify it. To learn more about our approach and our license verification process, we invite you to see the dedicated page.

User Content. The Customer and the Patient retain full ownership of the Content they enter or submit through the Service. By submitting it, they grant Mentaal a license of use strictly limited to the purposes of the Service (hosting, processing, scoring, transmission of the results to the Customer, technical support), for the time necessary to provide the Service and in compliance with the privacy policy.

Using the Site and the Service involves the collection and processing of personal data, in compliance with the Règlement Général sur la Protection des Données (GDPR) and the amended loi n°78-17 du 6 janvier 1978 (French Data Protection Act).

The collection methods, purposes, legal basis, retention periods and rights of data subjects are detailed in the privacy policy.

The health data processed as part of the Service is hosted on HDS-certified servers (Hébergement de Données de Santé, the French certification for health data hosting) located in France.

The Customer, as a psychologist, is the data controller for their Patients' data. Mentaal acts as a data processor for this processing, under the conditions defined in the Terms of Sale and in a dedicated data processing agreement (DPA).

Mentaal undertakes, under a best-efforts obligation (obligation de moyens), to provide a Service that complies with these Terms of Use. However, the User acknowledges that Mentaal shall not be held liable for:

• damage resulting from the User's use of the Site or the Service, and in particular from any use that does not comply with these Terms of Use,
• the clinical decisions, diagnosis, care or referral of Patients, which fall exclusively within the Customer's responsibility,
• the use the Customer makes of the questionnaire results, or their communication to Patients or to third parties,
• interruptions, unavailability or malfunctions due to external causes (internet network, hosting provider, third-party service providers, force majeure),
• the loss or corruption of data due to an incident external to the Service,
• indirect damages, including loss of revenue, loss of clientele, loss of data and damage to reputation.

The specific limitation of liability terms applicable to subscribed Customers are set out in the Terms of Sale.

These Terms of Use are governed by French law.

In the event of a dispute relating to their formation, interpretation or performance, the parties shall endeavor to reach an amicable settlement. Failing an amicable resolution within thirty (30) days of the first written notification of the dispute, and subject to mandatory rules on jurisdiction (in particular those applicable to consumers), any dispute shall be subject to the exclusive jurisdiction of the courts within the district of the Cour d'appel de Riom (Riom Court of Appeal), i.e., the courts of Clermont-Ferrand.