Terms of Use

The following TOU shall apply to the use of the platform by the clients and counsellors. The TOU shall apply also if the platform is accessed from outside Germany.

• Whereas the visit to and use of the platform as well as registration will be free of charge for the clients. The counselling services itself shall be chargeable by an agreement between the client and the counsellor. Prior to a possible chargeable service, Clients shall be advised of this fact as well as the amount or rate of charges.
• Whereas the registration and use of the platform will be charged for the counsellors. Prior to the chargeable service, counsellors will be advised of this fact as well as the amount or rate of charges.

These TOU shall apply exclusively. Differing or contrary terms of clients and counsellors shall not apply except if expressly agreed upon in writing by Mittelweg 50 Berlin GmbH.

Description of Services

• Hosting of information concerning counsellor availability,
• Counsellor-provided biographies and practice approach, and general information concerning in depth online counselling.
• Counselling session scheduling and schedule notification systems.
• Hosting of a messaging service allowing communication between clients and counsellors.
• Hosting of video sessions through third-party provider service allowing communication between clients and counsellors.
• Invoicing through third-party provider service allowing communication between clients and counsellors.

Mittelweg 50 Berlin GmbH will not offer counselling or therapy services itself. Neither will it represent the clients or the counsellors with regard to counselling or any other activity. Rather, the counselling relationship including all contractual obligations associated with it will occur solely between the clients and the counsellors.

As a consequence, only the respective counsellor, not Mittelweg 50 Berlin GmbH, shall be responsible for the proper conduct of the counselling and all related duties. Correspondingly, only the respective client, not Mittelweg 50 Berlin GmbH, shall be responsible for his communicative input and liable for due payment of the fees agreed with the counsellor.

Registration Process

The use of the platform for communicative purposes requires online registration. Registration shall be free of charge for clients. Users of the platform must be at least 18 years of age and contractually capable.

• All data requested by Mittelweg 50 Berlin GmbH has to be submitted accurately and completely.
• Upon registration, clients and counsellors shall choose a member's name (potentially their natural name) as well as a qualifying password to access their account. They shall keep their password confidential, secure their access to the platform and notify Mittelweg 50 Berlin GmbH immediately of any suspected unauthorized access.
• Counsellors have to provide Mittelweg 50 Berlin GmbH during the registration process with copies of their ID and evidence of qualification and/or education. Mittelweg 50 Berlin GmbH reserves the right to check this information or to request further proof. No one shall have multiple accounts.

The Platform operates since January 2024 on an apply-only basis for therapists seeking to join. During the onboarding process, the Platform conducts a thorough review of therapists' qualifications, including diplomas and experience.

The onboarding process also includes a subjective assessment by the Platform to determine the therapist's compatibility with the Platform's values and standards. This assessment is based on factors including but not limited to professional demeanor, communication skills, and alignment with the Platform's mission.

Platform's Right to Exclude

Mittelweg 50 Berlin GmbH reserves the right to terminate contractual relations pursuant to this TOU and to deny clients and/or the counsellor access to the platform without giving further reasons.

By registering to the It's Complicated platform, counsellors acknowledge and agree to comply with all applicable laws, regulations, and ethical standards related to their professional practice.

Mittelweg 50 Berlin GmbH reserves the right to assess and evaluate counsellors qualifications to ensure alignment with our values and standards. Counsellors understand and agree that failure to meet these standards may result in exclusion from the Platform.

Counsellors on the Platform must adhere to a high level of professional ethics and conduct. Any behaviour or practice deemed unethical or in violation of the Platform's values may result in the termination of the therapist's account. The Platform reserves the right to exclude any Counsellor, at its sole discretion, who is found to breach professional ethics, fail to meet required qualifications, or otherwise does not align with the values and standards of the Platform. Exclusion decisions will be made by the Platform after a thorough review of the counsellors conduct, taking into account relevant information and considerations.

The Platform reserves the right to modify these terms, including the counsellors Qualification and Conduct Clause, at any time. Counsellors will be notified of any changes, and continued use of the Platform after such modifications constitutes acceptance of the updated terms.

Exclusion decisions will be made by the Platform after a thorough review of the counsellors conduct, taking into account relevant information and considerations.

The Platform reserves the right to modify these terms, including the Therapist Qualification and Conduct Clause, at any time. Therapists will be notified of any changes, and continued use of the Platform after such modifications constitutes acceptance of the updated terms.

Further Obligations of the Clients and Counsellors

The clients and counsellors shall refrain from any misuse of the platform. In particular, they shall not:

• Use the platform to obtain any services that are against the law or otherwise prohibited in the location where client is accessing services;
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others on the platform;
• Send or otherwise make available any inappropriate, profane, defamatory, obscene, abusive, racist, indecent or unlawful topic, name, material or information on the platform;
• Send files that contain viruses, Trojan horses, worms, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

Fees, Charges, and Billing

Fees for counselling shall be set individually by each counsellor. The counsellors may modify this fee over time at their own discretion.

The counsellor shall state his personal fee per reference time in his profile. The amount shall be stated in Euro. Only the fee stated in this way will be chargeable by the counsellor.

Payment shall be authorized by client prior to each session occurring by entering client's electronic payment information. All payments by Clients will be processed by an external payment service company registered and monitored as a payment institution under the European Payment Service Directive (2007/64/EC).

For Client users:

• It's Complicated is free for the Client users. It's Complicated never charges them directly. All the fees charged using the integrated invoicing system are at the Counsellors' discretion and are payable directly to them. It is the Counsellor's responsibility to charge, track, and report any VAT that may be owed for the service provided through the platform. Disputes concerning payment and/or quality of service delivery shall be taken up with the Counsellor directly.

For Counsellor users:

• Fees for counselling shall be set individually by each counsellor. The counsellors may modify this fee over time at their own discretion. All users authorise It's Complicated to automatically charge all applicable fees to the credit card provided at subscription. Counsellor users are charged monthly or annually in advance in accordance to their selected Subscription Plan.
• The Subscription Plan will automatically renew unless cancelled according to our cancellation policies. The first billing period starts after the account is activated and Counsellor completes the subscription form. If the automatic renewal of the Subscription Plan is not possible, for whatever reason, the service will be suspended and the profile page will be unpublished until the payment is made. Counsellor users taking payments via the It's Complicated payment system will refer to Stripe Customer Service directly for any issues relating to payments and refunds. It's Complicated is not an intermediary for online payments. It's Complicated reserves the right to adjust the nature of its services and adjust the pricing of its Subscription Plans from time to time.

Payment shall be authorized by client prior to each session occurring by entering client's electronic payment information. All payments by Clients will be processed by an external payment service company registered and monitored as a payment institution under the European Payment Service Directive (2007/64/EC).

For Client users:

• It's Complicated is free for the Client users. It's Complicated never charges them directly. All the fees charged using the integrated invoicing system are at the Counsellors' discretion and are payable directly to them. It is the Counsellor's responsibility to charge, track, and report any VAT that may be owed for the service provided through the platform. Disputes concerning payment and/or quality of service delivery shall be taken up with the Counsellor directly.

For Counsellor users:

• Fees for counselling shall be set individually by each counsellor. The counsellors may modify this fee over time at their own discretion. All users authorise It's Complicated to automatically charge all applicable fees to the credit card provided at subscription. Counsellor users are charged monthly or annually in advance in accordance to their selected Subscription Plan.
• The Subscription Plan will automatically renew unless cancelled according to our cancellation policies. The first billing period starts after the account is activated and Counsellor completes the subscription form. If the automatic renewal of the Subscription Plan is not possible, for whatever reason, the service will be suspended and the profile page will be unpublished until the payment is made. Counsellor users taking payments via the It's Complicated payment system will refer to Stripe Customer Service directly for any issues relating to payments and refunds. It's Complicated is not an intermediary for online payments. It's Complicated reserves the right to adjust the nature of its services and adjust the pricing of its Subscription Plans from time to time.

Quality of Services, Liability

Mittelweg 50 Berlin GmbH offers a communicative forum without guaranteeing any type of success, gain, relief or similar effect to the client.

Mittelweg 50 Berlin GmbH will aim to make the platform's services available in the best possible quality.

Any liability shall be excluded in the event of failure of communication networks, gateways, force majeure or other events outside the control and responsibility of Mittelweg 50 Berlin GmbH. Likewise, any liability shall be excluded in case of unlawful or unallowed access by third parties to the platform or the counselling process by means of hacking or similar means.

Mittelweg 50 Berlin GmbH will be liable for damages for other than the above-mentioned reasons only in case of intent or gross negligence by its managers, officers, employees or agents and only in the proportion such behavior has caused the damage in relation to other causes. This limitation does not apply in case of a violation of cardinal duties, i.e., duties the fulfillment of which the clients may justly expect. No loss of profits shall be recoverable. The restrictions of liability do not apply to cases of damages to life, body, or health, to cases of warranting for the condition of a product, and to cases of fraudulent concealment of defects of Mittelweg 50 Berlin GmbH, its legal representatives or assistants in performance.

If a client has a concern or complaint about a counsellor working on 'It's Complicated' and feels unable to direct the complaint to their counsellor, or if he/she receives an unsatisfactory reply from the counsellor, the client should contact the counsellor's professional accredited body. If the client does not have the information for such a body, the counsellor should provide it.

Intellectual Property

Mittelweg 50 Berlin GmbH is the sole owner of all intellectual property, in particular the copyright, trademarks, and database, incorporated in the platform. Mittelweg 50 Berlin GmbH does not grant any license or sub-license of such intellectual property to the clients or the counsellors and shall retain all ownership or rights to it. As a consequence, the clients or the counsellors shall not make use of the intellectual property in any way outside the functions of the Platform, in particular (but without limitation) by using or adapting the intellectual property for their own commercial or professional gain.

Data Protection

See Privacy Policy:https://complicated.life/privacy

Change of Terms of Use

Mittelweg 50 Berlin GmbH reserves the right to amend this TOU at any time if this is necessary to accommodate developments not foreseeable at the time of registration, provided this does not substantially alter the contractual relation. Amendments shall also be allowed to accommodate case law impacting on this TOU. The description of Mittelweg 50 Berlin GmbH services may be amended, provided the amendment does not entail substantial changes.

Mittelweg 50 Berlin GmbH will notify clients and counsellors of the amendments at least two weeks before the change comes into force in text form. The change is deemed accepted by client and counsellors if they do not object within six weeks after receipt of the notice. Mittelweg 50 Berlin GmbH will point out the right to object, the period and legal consequences, particularly regarding the failure to object to the changes.

Applicable Law

This TOU shall be governed exclusively by the law of the Federal Republic of Germany.

Any disputes under or in connection with this agreement (including those regarding its validity) shall be – as far as validly determinable – exclusively settled in the courts at the headquarters of Mittelweg 50 Berlin GmbH (Mittelweg 50, 12053 Berlin, Germany) responsible.

Should individual provisions of the TOU be invalid or unenforceable, all other provisions of the TOU shall remain unaffected. The contract language is English.