This document is a legally binding agreement between Starbien LLC and You, in your capacity as a Company. We ask that you read it carefully before accepting it. By checking the acceptance box, creating an account, or using our platform in any way, you confirm that you have understood and accepted all the terms and conditions set forth herein and agree to be legally bound by them.
You declare that you are of legal age, have the legal capacity to contract on behalf of your company, act with full freedom, and have no impediments to accepting this Terms and Conditions document for Companies. If you do not agree with these terms, we ask that you do not create an account or use our platform in any capacity.
1. Definitions
Starbien: Starbien LLC, incorporated in Wyoming, United States.
Independent Contractor: A psychologist who holds a professional degree in psychology in their country of residence.
User / You: You as the representative of your company.
The Platform: The set of applications, websites, databases, and computer systems accessible by Independent Contractors and Users, offered by Starbien.
2. Clause on the Nature of Services
Through the Starbien platform, your company, represented by you and your designated users, has access to online solutions for managing anxiety, depression, and other conditions. These include programs with videos, readings, exercises, meditations, yoga, and various interactive tools such as chatbots, agendas, and journals. Additionally, you can contract therapy or emotional support sessions with psychologists, who may not reside in the same country, using the platform’s features to select, change, and communicate with Independent Contractors via video calls, online calls, and messages.
International Emotional Support Services: You understand and accept that Independent Contractors are psychologists with licenses valid only in their country of residence, and these licenses may not be recognized in other countries. Therefore, if your company’s employees and the psychologists providing services do not reside in the same country, the services offered are not considered psychological therapy but only Emotional Support.
Starbien has no direct relationship with Independent Contractors.
Independent Contractors are not employees, agents, or representatives of Starbien, which acts solely as a technological and administrative intermediary, without responsibility for the quality or results of the services provided.
Use of Programs, Resources, and Tools: You acknowledge that Starbien’s programs and resources are designed to complement your emotional well-being and management. Although the content has been carefully created to support you, the results depend primarily on your commitment and discipline, factors outside of Starbien’s control. These resources do not replace professional psychological therapy. Therefore, you agree not to make legal claims against Starbien based on specific expectations of results or incorrect interpretations of the content as a replacement for professional care.
Responsibility in Emergency Situations: As the representative of your company, you agree to take immediate safety measures if you perceive that the mental state of one of the company’s employees poses a risk. This includes contacting local emergency services to provide immediate professional assistance to the person in need.
You understand that Starbien and Independent Contractors cannot provide the necessary support in situations involving a direct threat to life or physical integrity, acknowledging that appropriate professional assistance should be sought outside the platform in cases of crisis.
3. Disclaimer of Liability and Limitation of Services
You, on behalf of your company, acknowledge that, in relation to the services provided by Independent Contractors to your employees, Starbien acts solely as a facilitator to connect them through the Platform. Starbien does not provide mental health services, nor does it guarantee the quality, legality, or effectiveness of the services. Any claims related to malpractice, promises of results, or the quality of the services are the sole responsibility of the Independent Contractor.
Regarding the programs, resources, and other tools available on the platform, they are intended to complement your employees' emotional well-being as emotional support and do not replace professional psychological therapy. You assume all risks associated with the use of the platform and agree not to make any legal claims against Starbien, its subsidiaries, or employees for any damages resulting from the use of the platform or the services provided by the Independent Contractors.
4. Privacy Policy
Starbien is committed to protecting the privacy of your company and your employees. This policy outlines the collection, use, and protection of data in the context of the services offered through the platform.
Data Collection and Use: Necessary data is collected, including but not limited to company names, estimated number of employees, country, city, emails, and contact information for administrators and employees, to improve services and facilitate communication. Data is only shared with Independent Contractors as needed.
Data Protection: Starbien uses security measures to protect information against unauthorized access. Companies have the right to access, modify, and delete their data, with certain limitations concerning the sensitive information of their employees.
Changes to the Policy: Starbien reserves the right to modify this policy at any time, notifying companies of relevant changes.
5. Exclusive Use and Intellectual Property
The account created by your company on the platform is for exclusive use and must be managed as established in these terms. The reproduction, alteration, or distribution of the platform's content, which is the property of Starbien and protected by intellectual property laws, is prohibited. Any misuse may result in suspension of access and legal action.
6. Clause on Modification of Terms and Conditions
Starbien reserves the right to modify, alter, add, or remove parts of these Terms and Conditions at any time without prior notice. Changes will take effect immediately upon their publication on the platform.
It is the responsibility of your company, through its designated administrator, to periodically review these Terms and Conditions. Starbien ensures access to the most updated version through the platform. Continued use of the platform and Starbien’s services after notification of changes will be considered acceptance of the modifications. If your company does not agree with the changes, you have the option to stop using the platform and its services.
7. Applicable Law and Jurisdiction
Mandatory Arbitration for Companies: Any dispute related to this Agreement shall be resolved through binding arbitration administered by a recognized arbitration entity, selected by mutual agreement between the parties. The arbitration will be individual and confidential, and both parties waive the right to a jury trial or to participate in class actions.
Arbitration Procedures: Arbitration will be conducted in English and will take place in the state of Wyoming, USA, unless a different location is agreed upon. The arbitrator’s decision will be final and binding and may be enforced in any court with proper jurisdiction.
Applicable Law: This Agreement will be governed and interpreted according to the laws of the State of Wyoming, without applying principles of conflict of laws.
Jurisdiction: The parties submit to the exclusive jurisdiction of the state and federal courts of Wyoming for any matters not subject to arbitration or for the enforcement of an arbitration award.
Waiver of Jurisdiction: Your company waives any objections to personal jurisdiction or venue selection in the courts of Wyoming.
Limitation of Liability: Any action against Starbien will be limited to a refund of the amount paid. If Starbien prevails, you will reimburse all legal costs, including attorney fees.
By accepting this Agreement, your company confirms that it has understood and accepted these terms and conditions, acknowledging the exclusive jurisdiction of Wyoming for any matters related to the interpretation, application, or enforcement of this Agreement.