Terms and conditions of service provision

Latest update: October 20, 2023

1. GENERAL PROVISIONS

These terms and conditions of service provision is a binding legal contract for the Parties, the Agreement concluded between UAB Emocinis balansas, a company organised and existing in the Republic of Lithuania, legal entity code 305553328, with the registered office at Vytenio 29-58, 03207, Vilnius, Lithuania, (“Mindletic”) and the Consultant, whose identifying data, for the purpose of concluding this Agreement, is provided in the Consultant’s registration form on the Website (“Consultant”).

Mindletic and the Consultant, each individually hereinafter referred to as the “Party” and collectively as the “Parties”.

The Consultant, having filled out the Consultant registration form on the Website, ticked the phrase [I agree to the terms and conditions of service provision, which can be found here, and understand that by ticking this tick and confirming the registration, I am entering into an agreement with UAB Emocinis balansas] and confirmed its registration, agrees to comply with the terms and conditions of service provision provided in this Agreement and understands that he/she/they has/have entered into an agreement with Mindletic. If the Consultant wishes not to conclude this Agreement, the Consultant must not confirm his/her/their registration.

2. TERMS AND DEFINITIONS

2.1. Agreement means an agreement between an independent Consultant meeting the terms of the Agreement and Mindletic on the provision of services under the terms of the Agreement, which is concluded when the Consultant, fills out the Consultant registration form on the Website, ticks the phrase [I agree to the terms and conditions of service provision, which can be found here, and understand that by ticking this tick and confirming the registration, I am entering into an agreement with UAB Emocinis balansas] and confirms its registration.

2.2. Mindletic Services means providing access to the Mindletic platform/application. Consultants can receive inquiries/orders from the Customers using functionalities of the Mindletic mobile application.

2.3. Customer means a natural person who wants to receive the services provided by the Consultant, to whom Mindletic provides access to the Mindletic mobile application.

2.4. Consultant means a person who has completed education in psychology (university (bachelor’s degree) or postgraduate (master’s degree) studies) in accordance with the procedure established by the applicable to him/her/them legal acts, of the Republic of Lithuania or another jurisdiction, or has an equivalent education obtained abroad or in Lithuania, recognised in accordance with the procedure prescribed by the applicable to him/her/them legal acts, of the Republic of Lithuania or another jurisdiction, and who has exercised the practice of psychological counselling activities for at least 2 years before the date of conclusion of this Agreement.

2.5. Consultant registration form means the registration form on the Website, which is filled out by the person who intends to become the Consultant and to enter into this Agreement.

2.6. Consultancy Services means activities where the Consultant provides emotional support services to the Customer using the Mindletic mobile application. Any other information that will be transmitted by the Consultant to the Customer using the Mindletic mobile application will be considered the services of the Consultant. The Consultant’s services do not include medical psychologist services in all cases.

2.7. Website means the website which can be found at the be.mindletic.com/register-psychologist whereat the Consultant may fill out the Consultant registration form and conclude the Agreement.

3. PURPOSES OF THE AGREEMENT

Whereas:

• Mindletic carries out activities aimed at educating the public about the importance of mental health and providing support for those who struggle with emotional difficulties;

• Mindletic allows the Consultant to use the functionalities of the Mindletic mobile application for purposes relating to business and profession to receive inquiries/orders and provide the Consultant’s services;

• the Consultant is a professional with appropriate education and experience in providing support and advice to individuals;

• the Parties agree on cooperation using the Mindletic mobile application under the conditions stipulated in the Agreement.

4. USING THE MINDLETIC MOBILE APPLICATION

4.1. Mindletic provides the Consultant with access to the functionalities of the Mindletic mobile application that enable the Consultant to provide the Consultancy Services to the Customers.

4.2. The Consultant decides at his/her/their own discretion when and for how long he/she/they will use the functionalities of the Mindletic mobile application.

4.3. Mindletic reserves the right at any time, unilaterally and at its discretion, to limit the Consultant’s access to and ability to use the functionalities of the Mindletic mobile application if this Agreement is violated, the security, reputation or business of Mindletic or the Mindletic application is put at risk or jeopardised, as well as in other, at Mindletic’s discretion, urgent cases, taking into account the restrictions set in the Agreement and legal acts.

4.4. The Consultant is responsible for providing himself/herself/themself at his/her/their own expense with equipment that is necessary for the Consultancy Services, including quality Internet connection services.

4.5. Mindletic reserves the right at any time, without limitation, to update, discontinue or change the functionalities of its mobile application at its sole discretion, subject to legal restrictions, if applicable.

4.6. In order to make the Mindletic mobile application more popular and accessible to the Customers, Mindletic may take various marketing measures and/or adapt, improve or change the functionalities of the Mindletic mobile application. The Consultant agrees to cooperate with Mindletic and properly provide the Consultancy Services, considering the changes made to the functionalities of the Mindletic mobile application and/or related tools.

5. REQUIREMENTS FOR THE CONSULTANT’S ACTIVITIES

5.1. By concluding the Agreement, the Consultant confirms that he/she/they meet(s) the requirements for the Consultant specified in the Agreement. In the event of a change in circumstances, the Consultant must inform Mindletic in writing (by e-mail) immediately, on the same day of the occurrence of the new circumstances. Non-compliance by the Consultant with the terms of the Agreement entitles Mindletic to terminate the Agreement unilaterally immediately, without recourse to the court.

5.2. Upon Mindletic’s request, the Consultant undertakes to provide Mindletic with documents confirming his/her/their compliance with the terms of the Agreement without delay (no later than within 1 business day or within another term individually agreed upon by the Parties).

5.3. In performing this Agreement, the Consultant provides the Consultancy Services in all cases using the functionalities of the Mindletic mobile application, taking into account the terms of the Agreements, i.e. in order to ensure the adequate quality and security of services, the provision of the Consultancy Services to the Customers using third-party applications (for example, the Zoom app) is prohibited as long as this Agreement is in force and effect.

5.4. For the avoidance of any doubt, the Parties understand that the Consultant has the right to provide services outside the scope of this Agreement (not to the Customers) and Mindletic does not apply any restrictions in this regard as long as such provision complies with legal requirements, professional ethical standards and the terms of the Agreement.

5.5. The Consultant is informed and understands that Mindletic aims to provide high-quality Consultancy Services to the Customers with the help of the Mindletic mobile application.

5.6. The Consultant acknowledges and agrees that he/she/they is/are responsible for compliance with any legal requirements relating to the registration or declaration of activities, and payment of taxes, if applicable.

5.7. The Consultant is entitled to comment publicly (regardless of the media or methods of dissemination) about Mindletic or Mindletic’s activities or his/her/their activities in cooperation with Mindletic or on any related matters only with the prior written approval of Mindletic on a case-by-case basis. In all such cases, the Consultant will also be required to follow the Guidelines for the Promotion of Mindletic and its Activities, which are specified in Section “Documents required for the provision of services by the Consultant” below.

6. SETTLEMENT FOR THE SERVICES

6.1. The Customer pays a fee for the Consultancy Services and the Mindletic Services, the duration of which is up to 50 minutes, which must be transferred to the account managed by Mindletic and indicated to the Customer. This condition does not apply to the Customers who are paid for the Consultancy Services and the Mindletic Services by their employer. The Consultant, taking into account the other conditions of the Agreements, is paid the remuneration for the Service.

6.1.1. Remuneration for the Service might differ based on the country & language services provided in, the Consultant’s educational background, and professional experience or other qualities.

6.1.2. Remuneration for the Service is agreed between Mindletic and Consultant individually during the registration process. The offer with agreed conditions is submitted by Mindletic in the registration system window at the address be.mindletic.com/resources/contracts. The offer should be accepted by The Consultant on the Mindletic registration system before the provision of services. The terms of remuneration can be changed as the psychologist’s professional experience increases. Changes are agreed in the system in the same way as per registration process.

The difference between the amounts paid by the Customer or his/her/their employer and the fee for the Consultancy Services is Mindletic’s earnings for using Mindletic’s functionalities, including fees applicable to Mindletic and Mindletic’s partners.

6.2. VAT payers registered in the same country as Mindletic, should include VAT in their invoices. VAT payers registered in other countries than Mindletic should include their VAT registration number and add a VAT amount of 0 EUR to their invoices.

6.3. The Consultant undertakes to inform Mindletic in writing in advance about the intention to register as a VAT payer.

6.4. The Consultant agrees that Mindletic will administer the payments (using the services of the authorised payment service provider(s) that will provide payment services) from the Customers for the Consultancy Services provided and distribute them to the Consultant under the terms set forth in the Agreement.

6.5. Mindletic settles with the Consultant once a month for the Consultancy Services that meet the terms of the Agreements provided to the Customers during the previous calendar month (reporting period).

6.6. Mindletic collects information on the number of the Customers to whom the Consultancy Services have been provided during the reporting period and the service duration calculated according to the procedure set out above in this Agreement. The Consultant can see the number of paid consultations in the Mindletic system. If the number corresponds to the consultations that actually took place, based on the information provided by Mindletic, the Consultant issues an invoice to Mindletic for payment within the first 2 (two) calendar days of the month; the amount indicated for payment in the invoice must correspond to the data provided by Mindletic to the Consultant regarding the number of the Customers to whom the Consultancy Services were provided and the amount of the fee for the Consultant’s services, as specified in the Agreement.

6.7. Mindletic transfers the fee for the Consultancy Services for the previous reporting period to the bank account specified in the invoice issued by the Consultant within 5 (five) business days from the date of issuance of the invoice that meets the terms of the Agreement to Mindletic. If the Consultant issues the invoice later than within the first 2 (two) calendar days of the month, Mindletic will pay it within 5 (five) business days of the following month.

6.8. Mindletic transfers a fee for the Consultancy Services to the Consultant in cases where the Consultancy Services have been provided (or the Customer is obliged to pay for the services, subject to the terms of use of the Mindletic mobile application for the Customers) and where they comply with the terms of the Agreements or when they have been cancelled less than 18 hours before the start of the services or the Customer did not show up. In case of reasonable claims regarding the Consultancy Services, as a result of which Mindletic would not receive payments or should return payments to the Customers or would incur other losses due to other reasons not related to the functionality of the Mindletic mobile application, Mindletic has the right to demand the Consultant to return such amounts. In such cases, Mindletic will also have the right to make deductions from the fees due to the Consultant for the Consultancy Services. In all cases, Mindletic will inform the Consultant in advance about the application of this provision.

6.9. For payment purposes, in all cases, the duration of one Consultancy Service per customer is 50 minutes. If the Consultancy Services are provided longer during the same conversation (call), Mindletic does not undertake to compensate for such services.

6.10. The Consultant is independently responsible for the proper fulfillment of tax obligations applicable to him/her/them.

6.11. Mindletic reserves the right to change the terms of settlement at any time at its discretion, in accordance with the procedure for amending the terms of the Agreement as provided herein.

7. READINESS TO COOPERATE

Mindletic cooperates with the Consultants who meet the Consultant selection criteria developed by Mindletic, who provide documents and information necessary for selection to Mindletic and who have concluded this Agreement with Mindletic.

8. PROVISION OF CONSULTANCY SERVICES: GENERAL TERMS

8.1. The Consultant acknowledges and agrees that the provision of the Consultancy Services to the Customers creates a direct legal relationship between the Consultant and the Customer, to which Mindletic is not a party. Mindletic is not responsible for the Customer’s actions or omission towards the Consultant and/or the Consultant’s actions towards the Customer.

8.2. The Consultant must provide the Consultancy Services in compliance with the requirements of the legal acts of the country from which the Customer, who is provided with Consulting services, is from. The Consultant is independently responsible for the quality of the Consultancy Services provided to the Customer, their compliance with legal requirements and applicable ethical standards. In the event of any violation of this clause, the Consultant undertakes to hold harmless Mindletic against related losses, if any, and in the event of such losses, to indemnify for them immediately in accordance with the evidence supporting the amount of losses provided by Mindletic.

8.3. The Consultant must follow the Conversation Guidelines when providing services. The Consultant is recommended to follow the code of professional ethics applicable to his/her/their profession when providing the Consultancy Services, if such code is applicable according to the legal acts under which the Consultant obtained the education of psychology.

8.4. In all cases, the Consultant must terminate the provision of services and/or take other actions, taking into account the requirements of legal acts and/or professional ethics, if the Consultancy Services cannot be provided due to the Customer’s actions and/or if other conditions arise that may lead to inadequate quality of the Consultant’s services, cause threat or damage to the Customer, the Consultant or Mindletic, as well as in cases where the Customer does not meet the terms of the Agreements. In all cases, including when it is necessary to refuse to provide the Consultancy Services under the terms of this Agreement, the Consultant must act respectfully when refusing to provide the Consultancy Services.

8.5. Mindletic does not make recordings of conversations between the Consultant and the Customer and/or video recordings of their meetings under any circumstances. Mindletic also neither monitors nor controls the content of the Consultancy Services provided by the Consultant in any other ways. However, Mindletic reserves the respective rights considering and limited to such statutory obligations should Mindletic be subject to related obligations by law.

8.6. The Consultant must be ready to provide quality services in all languages that the Consultant has indicated in his/her/their description which is published on the Mindletic mobile application.

8.7. The Consultant is informed that repeated failure to provide the Consultant’s services in the event of a confirmed reservation and in the absence of objective reasons, as well as repeated unjustified refusal to provide the Consultant’s services, may be considered by Mindletic as the improper performance of the Agreement.

8.8. Mindletic may agree with third parties on the provision of the Consultancy Services, on the basis of which the Consultancy Services would be provided to persons specified by third parties (for example, employees). In such cases, the Consultancy Services would be provided to the persons based on certain identification data that the third party would provide to Mindletic. In such cases, the Consultant undertakes to provide services to the persons indicated by third parties, according to the identification data provided by Mindletic to the Consultant. In such cases, Consultants’ services will be provided, accounted for, and paid for in accordance with the terms of this Agreement, unless the Parties agree otherwise. In such cases, the Consultant has the right to refuse to provide the Consultant’s services only in the event of objectively justified circumstances, as well as in cases permitted by the Agreement, for example, when the Customer does not meet the terms of the Agreement.

9. PROVISION OF SERVICES BY THE CONSULTANT: BOOKING AND PROCEDURE

9.1. The Customer, using the functionalities of the Mindletic mobile application, chooses the Consultant whose services he/she/they would like to use and the appropriate time for the conversation, taking into account the options of the Consultant’s service time visible in the Mindletic application, which are specified in the Mindletic mobile application subject to the information provided by the Consultant to Mindletic.

9.2. The Customers can reserve the Consultant’s time at least 4 hours before the start of providing the Consultancy Services.

9.3. Information about the desired date and time chosen by the Customer for the Consultant’s services is transmitted to the Consultant by sending a confirmation letter.

9.4. At least 30 minutes before the start of the conversation, the Consultant receives a message with the Conversation Guidelines.

9.5. The Consultant, upon receiving information about the time chosen by the Customer for the Consultant’s services, informs Mindletic by e-mail immediately, but no later than 18 hours before the start of providing the Consultancy Services, if the services cannot be provided due to the circumstances provided for in the Agreement or other reasons. In this case, Mindletic informs the Customer, and no Consultancy Services are provided. If the Consultant cancels the consultation less than 18 hours before the start of providing the Consultancy Services, the Consultant undertakes to provide one consultation to Mindletic users free of charge.

9.6. The Consultant provides services to the Customer using the functionalities of the Mindletic mobile application in a virtual chat room. The virtual chat room is designed using an open source solution by the https://jitsi.org/ ant we ensure that it complies with the General Data Protection Regulation (GDPR) requirements.

9.7. The Consultancy Services reserved by the Customer and not cancelled by the Consultant in accordance with the procedure stipulated in the Agreement are binding on the Consultant.

9.8. The duration of the conversation between the Consultant and the Customer may not be shorter than 50 minutes unless this is caused by the Customer not joining in time.

9.9. If the Customer cancels the consultation less than 18 hours before the start of the Consultant’s services or if he/she/they does/do not appear for the consultation, the Consultant will receive full payment for the services as stipulated in the Agreement. If the Customer does not appear in the chat room, the Consultant undertakes to wait for the Customer for at least 20 minutes.

9.10. Detailed instructions on the provision of the Consultancy Services using the functionalities of the Mindletic mobile application are provided in the Instruction for the Provision of Services Through the Mindletic Mobile Application. In the event of any discrepancy between the Instruction and the terms of the Agreement, the Agreement applies.

10. REQUIREMENTS FOR THE CUSTOMER

10.1. Given the fact that Mindletic is starting its activities and currently is able to provide quality services to a limited number of persons, as well as taking into account the restrictions set by legal acts, the Consultants can provide their services to the Customers who meet certain criteria specified in the Agreement.

10.2. The Consultant must ensure that the Consultancy Services are provided to persons who meet the following requirements: the Customers have reached the age of majority (18+ years).

10.3. Before providing services, the Consultant must obtain confirmation from the Customer that the latter meets the requirements set for the Customer. If there is any doubt about the Customer’s age, the Consultant asks the Customer to show an identity document.

10.4. The Consultant must always refuse to provide the Consultancy Services if there are reasonable doubts as to whether the Customer meets the requirements of the Agreement.

10.5. The Consultant understands that when providing the Consultancy Services to persons from different countries, such persons may be subject to additional guarantees provided for in the legal acts of the respective states. When advising such persons, the Consultant assumes all related risks and undertakes to hold harmless Mindletic against related damages, and in the event of such damages, to indemnify for them immediately in accordance with the evidence substantiating the amount of damages provided by Mindletic.

11. MINDLETIC AND CUSTOMERS

11.1. Mindletic makes no assurances, confirmations or guarantees regarding the actions or omission of the Customers. Mindletic does not screen or evaluate the Customers.

11.2. The Consultant must take all reasonable precautions regarding the provision of the Consultant’s services, including providing the Customer with all relevant information necessary for the provision of the Consultancy Services.

12. OWNERSHIP

12.1. The Mindletic Services, Mindletic data, names, logos, product and service names, trade marks, service marks and other proprietary attributes, including all intellectual property rights assigned to them, are and remain the property of Mindletic or its partners.

12.2. Neither this Agreement nor the use by the Consultant of the Mindletic Services or the Mindletic mobile application or Mindletic data transfer or grant any rights to the intellectual property of Mindletic or any third party to the Consultant, except as expressly provided in the Agreement.

12.3. Throughout the effective term of the Agreement, Mindletic grants the Consultant a personal, non-exclusive, non-transferable user right to install and use the Mindletic mobile application. The Consultant undertakes not to provide, distribute or share the Mindletic mobile application with any third party.

13. CONFIDENTIALITY UNDERTAKINGS

13.1. Confidential information includes Mindletic data, information and documents provided by Mindletic to the Consultant which are necessary for the conclusion or performance of the Agreement, other non-public information (disclosed in writing or verbally) that Mindletic indicates as its property or confidential or that the Consultant should reasonably know to be considered confidential. Mindletic’s business model, terms of settlement with the Consultants and/or the Customers, non-public documents provided to the Consultant, correspondence with the Consultant, and any other information that is available to the Consultant due to the conclusion or performance of the Agreements is also considered confidential information (“Confidential Information”). All Confidential Information is the exclusive property of Mindletic.

13.2. All data and information received by the Consultant during the performance of the Agreement, including information related to the Customer, his/her/their contact details and any other data related to the Customer is Confidential Information. The Consultant undertakes to use this information only for the purposes of the performance of the Agreement. A breach of this provision will be regarded as a material breach of the Agreement.

13.3. The Parties undertake not to provide any third parties with any Confidential Information without the written consent of the other Party, except in cases where such information is provided for the purposes of the performance of this Agreement, or it is done at the reasonable request of authorised state authorities in compliance with statutory requirements. This prohibition continues in effect during the effective term of this Agreement and indefinitely after the end of the Agreement.

13.4. Upon expiry of this Agreement, the Consultant must destroy all Confidential Information of Mindletic and all copies thereof held in any media or, at Mindletic’s request, return it to Mindletic.

13.5. In the event of a breach of the confidentiality undertaking by the Consultant, the Consultant undertakes to pay Mindletic an amount of EUR 1,000 (one thousand euros), which is regarded as minimal liquidated damages of Mindletic, which Mindletic does not need to prove or take steps to reduce them.

14. DATA PROTECTION AND PRIVACY

14.1. For the purposes of performing this Agreement, Mindletic transfers to the Consultant the following data of the Customer specified in the Agreement: a pseudonym, a message about the desired topic. The Consultant undertakes to ensure that the data transferred to him/her/them is processed ensuring data privacy and security and following the requirements of the applicable legislation. The Consultant undertakes not to use the Customer’s personal data for purposes unrelated to the performance of the Agreement, save for the exceptions provided for by law. The processing of the Consultant’s personal data, as regards the conclusion and performance of this Agreement, is carried out in accordance with the Consultant Personal Data Privacy Policy. Related information is provided at: https://www.mindletic.com/notice-of-personal-data-processing-for-consultants

14.2. By signing this Agreement, the Consultant agrees that during the effective term of the Agreement, the Consultant’s description (indicating the Consultant’s name, surname, education, languages in which the Consultant provides services, and other information necessary to describe the Consultant’s competence and provided by the Consultant to Mindletic) and photo would be published in the Mindletic mobile application free of charge. The Consultant’s description and photo will be published for the purpose of informing the Customer about the Consultant and his/her/their professional competences. The Consultant also agrees that the Consultant’s description and photo may also be used free of charge for the purposes of promotion of activities of Mindletic and/or the Mindletic mobile application, by posting the information on the Mindletic account on social networks Facebook, LinkedIn, Instagram, on Mindletic website at www.mindletic.com.

14.3. The Consultant’s description is prepared by Mindletic based on the information provided by the Consultant. The Consultant undertakes to ensure that the information about the Consultant published in the Mindletic mobile application corresponds to reality throughout the effective term of the Agreement and undertakes to inform of any changes in the published information immediately, but no later than the same day.

15. FUNCTIONALITY OF THE MINDLETIC MOBILE APPLICATION

Mindletic cannot guarantee the continuity, availability and functionality of the Mindletic mobile application. The Consultant agrees that Mindletic mobile application services may be unavailable or delayed at any time and for any reason due to scheduled maintenance or network failure.

16. LIABILITY

16.1. The Consultant indemnifies and holds harmless Mindletic against any liability, damage, penalties, fines, fees or charges arising out of or related to the breach by the Consultant of his/her/their representations, warranties or obligations under this Agreement, with special attention to the protection of the Customer’s personal data and privacy and provision of services to the Customers without violating the requirements of legal acts. In the event of damages to Mindletic due to related breaches, the Consultant must immediately indemnify for them in accordance with the evidence supporting the amount of damages provided by Mindletic.

16.2. In the relationship between the Consultant and the Customer, only the Consultant is solely responsible for the quality of the Consultancy Services and their compliance with legal requirements.

16.3. Mindletic informs the Customers about the rules for using the Mindletic mobile application and the Consultant’s services, but in no case controls the actions of the Customers and is not responsible for the Customers’ behaviour and/or possible related damage.

16.4. Mindletic is not responsible for the functionality, quality or related infringements of the services provided by third parties used for the performance of the Agreement.

17. VALIDITY AND TERMINATION

17.1. The Agreement is considered concluded when the Consultant fills out the Consultant registration form on the Website, ticks the phrase [I agree to the terms and conditions of service provision, which can be found here, and understand that by ticking this tick and confirming the registration, I am entering into an agreement with UAB Emocinis balansas] and confirms its registration.

17.2. The Agreement enters into force upon its conclusion and continues in full force and effect for a term of unlimited duration.

17.3. By concluding this Agreement, the Consultant confirms that he/she/they has/have familiarised himself/herself/themself with the terms of the Agreement and that they are understandable and acceptable to the Consultant.

17.4. Either Party may terminate this Agreement without cause at any time by giving written notice to the other Party 30 (thirty) days in advance. If Mindletic decides to terminate the Agreement, it must also provide the Consultant with the reasons for the decision.

17.5. In the event of a breach, the Agreement can be terminated immediately in cases provided for herein. In such cases, the aggrieved party must submit a written notice to the defaulting party. The Agreement expires on the deadline specified in the notice.

17.6. In all cases, Mindletic reserves the right to terminate this Agreement or to immediately limit the Consultant’s rights and/or access if the Consultant does not meet the terms of the Agreement and/or does not comply with the service provision standards specified in the Agreement or additionally provided subject to the terms of the Agreement, also in cases where Mindletic receives complaints from the Customers regarding the Consultant’s services. Mindletic will inform the Consultant about the termination of the provision of services in accordance with the procedure established by the legal acts of the Republic of Lithuania.

17.7. If any provision of this Agreement is considered illegal, invalid or unenforceable, in part or in full, according to any legal act, such provision or part of it is no longer considered part of this Agreement to that extent; however, this does not affect the validity, lawfulness and enforceability of the remaining provisions of this Agreement. In such case, the Parties must replace the illegal, invalid or unenforceable provision (part of it) with a legal, valid and enforceable provision (part of it) that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision (part of it), taking into account the content and purpose of the Agreement.

18. AMENDMENTS TO THE AGREEMENT

18.1. Mindletic reserves the right to amend at any time the terms of this Agreement or additional documents provided to the Consultant under the Agreement. The Consultant is informed about the expected amendment of the terms of the Agreements by sending an updated version of the terms of the Agreements to him/her/them by e-mail and indicating the effective date of the amendments to the Agreement, which cannot be less than 15 days from the date of notification on the expected amendments. If the Consultant does not agree with the amendments to the Agreement, the Consultant is entitled to unilaterally terminate the Agreement from the date on which such amended terms of the Agreement would take effect. If the Consultant does not object to the amended terms of the Agreement before their effective date and continues to use the Mindletic Services, the updated terms of the Agreement are considered acceptable to and binding on the Consultant and they are applied from the date of entry into force of the amendments to the Agreement specified in the notification.

18.2. If necessary, in order to implement Mindletic’s operational objectives, as well as to improve the functionality of the Mindletic mobile application, Mindletic may provide the Consultant with certain additional regulations/terms of cooperation, provided that they do not change the essential terms of this Agreement. Such additional regulations/terms of cooperation will be considered part of the Agreement and will be binding from the date of their submission to the Consultant, without applying the above procedure for amending the Agreement.

19. OTHER GENERAL TERMS OF THE AGREEMENT

19.1. The Consultant and Mindletic undertake to cooperate and provide information to each other in order to ensure the proper functioning of the Mindletic mobile application, the implementation of Mindletic’s operational objectives, and to ensure the quality of the Consultancy Services, taking into account statutory limitations related to data protection.

19.2. This Agreement does not create employment legal relationships or joint venture, partnership or representation relations between the Consultant and Mindletic. The Consultant, when providing the Consultancy Services, acts at his/her/their own risk and expense and is responsible for the quality of the Consultancy Services and their compliance with the requirements of applicable legal acts and professional ethics.

19.3. The Consultant may not assign, transfer, in whole or in part, this Agreement or any of his/her/their rights or obligations under the Agreement without the prior written consent of Mindletic. Mindletic has the right to assign, transfer, in whole or in part, this Agreement, any of its rights or obligations under the Agreement without consent.

19.4. This Agreement, including references to the documents specified in the Agreement, as well as additional documents provided to the Consultant, in the cases provided for in the Agreement, constitutes the entire and comprehensive agreement between the Parties and supersedes and cancels all prior agreements or undertakings between the Parties regarding the same content or subject-matter.

20. NOTICES AND DETAILS

20.1. Mindletic communicates with and provides information to the Consultant, as required by the Agreement, by the e-mail specified in the Consultant registration form.

20.2. Any notifications to the Consultant will be delivered using the contact details specified in the Consultant registration form. In the event of a change in the Consultant’s contact details, the Consultant must immediately inform Mindletic. In the absence of such notification, all notifications delivered to the Consultant using the contact details established under the procedure provided in the Agreement will be considered appropriate.

20.3. Any communications from the Consultant to Mindletic must be provided to the following e-mail: info@mindletic.com.

21. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement is made and concluded in accordance with and is governed by the law of the Republic of Lithuania.

Any disputes arising from the Agreements are resolved in a competent court of the Republic of Lithuania in Vilnius in accordance with the procedure established by the legal acts of the Republic of Lithuania.