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    Terms and Conditions

    Last Updated: November, 2025

    Welcome to www.theqoup.com (the "Website" or "Service"). These Terms and Conditions ("Terms") govern your access to and use of the Website, which is operated by The Qoup, a North Carolina limited liability company (the “Company” "we," "us," and/or "our"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Website.

    These Terms apply to all professional users of the Website. The Website is a networking platform that serves as a gathering place and connects mental health professionals to one another, to non-mental health professionals and to everyday people searching our directory. Our platform serves as a gathering place for these like-minded individuals, which fosters referral sharing, networking, case consultation, professional education, business growth, the exchange of ideas and resources.  All patient care and interactions occur off the Website and nothing herein or on the Website shall be deemed to create a patient-care giver relationship between the Company/Website and any Website user.

    1. Registration and Membership Types 

    Upon registration, you will create an account with accurate and complete information. You will select one of the following membership types, based on your qualifications. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

    (a)   Mental Health Professionals. 

    Users who are mental health professionals and businesses dedicated to providing mental health products and services are referred to herein individually as a “Mental Health Professional” and collectively as “Mental Health Professionals”. Mental Health Professionals are eligible for the “Mental Health Professional” membership. 

    To use the Website as a Mental Health Professional, you must:

    • Be a mental health professional or mental health professionals and businesses dedicated to providing mental health products and services.
    • For Mental Health Professional individuals, you must be at least 18 years old and have the legal capacity to enter into these Terms.
    • For Mental Health Professional businesses, the authorized user on the account must be at least 18 years old and have the legal capacity to enter into these Terms.

    By registering as a Mental Health Professional, you represent and warrant that you meet the requirements for Mental Health Professional membership. If at any time during your membership, you no longer qualify as a Mental Health Professional, it is your responsibility to contact us to modify your membership type. 

    (b)   Non-Mental Health Professionals.

    Users who are professionals and businesses providing products and services which may benefit other users of the Website are referred to herein individually as a “Non-Mental Health Professional” and collectively as “Non-Mental Health Professionals”. Non-Mental Health Professionals are eligible for the “Non-Mental Health Professional” membership. 

    To use the Website as a Non-Mental Health Professional, you must:

    • Be a professional or business that provides products and services which may benefit other users of the Website.
    • For Non-Mental Health Professional individuals, you must be at least 18 years old and have the legal capacity to enter into these Terms.
    • For Non-Mental Health Professional businesses, the authorized user on the account must be at least 18 years old and have the legal capacity to enter into these Terms.

    By registering as a Non-Mental Health Professional, you represent and warrant that you meet the requirements for Non-Mental Health Professional membership. If at any time during your membership, you no longer qualify as a Non-Mental Health Professional, it is your responsibility to contact us to modify your membership type. 

    (c)   Everyday People.

    Users who want to search the website and/or attend events and are not Mental Health Professionals or Non-Mental Health Professional members are referred to herein individually as a “Everyday Person” and collectively as “Everyday People”. Every Day People are eligible for the “Everyday People” membership. 

    Although users may be less than 18 years old for purposes of connecting with mental health professionals, all users who intend or do participate in any Website service or event must be 18 years old and have the legal capacity to enter into these Terms.

    2. No Responsibility to Verify or Approve. 

    Nothing herein shall be construed to place a burden on us to verify the credentials, business, products, services or goals of any Website user, regardless of the User’s membership type. We are not responsible for any content or information provided by any user, or for any user’s failure to provide content or information. If you provide another user with care, services or products, you are solely responsible for such care, service and/or product. We do not review, approve, condone or take any responsibility for any such care, service and/or product. All actual services consultations or professional services must occur off the Website. We do not provide, facilitate, or oversee any professional, medical or health services directly. The Website serves solely as a platform for the services detailed herein. 

    3. Services Provided

    The Website provides the following services to users:

    • Member profiles, community forum, directory listings (for those that are Mental Health Professionals or Non-Mental Health Professionals),
    • Job board, networking, and forum through which professional users may referrals to other professional users.
    • Allowing users to access the outward facing directory and contact information provided by users.
    • Providing a forum for users to post events and/or publications. 
    • Providing a forum for users to post resources, articles, blog posts other written and spoken info and present at and or attend events.

     

    We do not provide professional, medical advice, diagnoses, treatments, or any form of healthcare services. Any recommendations or hires made through the Website are at your own discretion and risk. We are not responsible for and disclaim any content shared on the platform through the community forum, any information published by a user in the directory or any profile. Likewise, we are not responsible for and disclaim any information provided by or through any webinar, seminar, event, advertising et cetera. 

    Important Notice: The Website is not HIPAA compliant. We do not handle protected health information (PHI) as defined under the Health Insurance Portability and Accountability Act (HIPAA). You must not upload, share, or transmit any PHI through the Website. All communications and data shared on the Website should be limited to non-sensitive professional contact and referral information. 

    4. Billing and Payments

    Access to the Website requires a subscription with either monthly, quarterly, semiannual, or yearly billing options. We may provide special offers or discounts from time to time; however, our offer of any such special offer or discount shall not require us to continue to offer the same, or to offer the same to all users. Events, seminars, webinars, and similar offerings are not included in your subscription and will be charged separately, either by us or the provider of such event, seminar, or webinar.

    By selecting your subscription, you hereby elect for your subscription to automatically renew at the end of each billing period unless canceled, subject to applicable law.

    • Monthly Subscription: Billed monthly in advance.

    • Yearly Subscription: Billed annually in advance, offering potential discounts as specified during signup. 

    Payments are processed through our third-party payment provider. You authorize us to charge your provided payment method for the applicable fees, including any taxes. If your payment method fails, we may suspend or terminate your access until payment is received.

    All fees are non-refundable, except as required by law. We reserve the right to change subscription fees at any time with notice.

    AUTO-RENEWAL COMPLIANCE, WAIVER, AND LIMITATION OF LIABILITY. IF ANY JURISDICTION, NOW OR IN THE FUTURE, ENACTS, AMENDS, OR ENFORCES ANY LAW, REGULATION, OR REQUIREMENT RESTRICTING, PROHIBITING, OR CONDITIONING AUTOMATIC RENEWAL OF SUBSCRIPTIONS OR REQUIRING SPECIFIC RENEWAL NOTICES, DISCLOSURES, OR AFFIRMATIVE CONSENT, SUCH PROVISIONS SHALL APPLY ONLY TO THE EXTENT LEGALLY REQUIRED IN THAT JURISDICTION. IN SUCH CASES, WE MAY, AT OUR SOLE DISCRETION AND WITHOUT LIABILITY TO YOU, (A) MODIFY OUR RENEWAL PRACTICES TO THE MINIMUM EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW; (B) TERMINATE, SUSPEND, OR DECLINE TO RENEW ANY AFFECTED SUBSCRIPTIONS; OR (C) CONTINUE TO RENEW SUBSCRIPTIONS IN JURISDICTIONS WHERE PERMITTED. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CONTINUATION, MODIFICATION, OR TERMINATION OF AUTOMATIC RENEWALS, INCLUDING ANY CLAIM BASED ON CHANGES IN APPLICABLE LAW. OUR INTERPRETATION OF ANY CONFLICTING OR UNCERTAIN LEGAL REQUIREMENTS GOVERNING AUTOMATIC RENEWALS SHALL CONTROL UNLESS EXPRESSLY PROHIBITED BY APPLICABLE LAW.

    5. Termination and Cancellation

    You may cancel your subscription at any time by emailing the Website administrator at [email protected]. Cancellations require a 30-day notice period and will take effect at the end of the current billing cycle following the notice period. No refunds will be issued for partial billing periods.

    We reserve the right to terminate or suspend your account and access to the Website at any time, for any reason or no reason, including but not limited to violations of these Terms, the Code of Conduct. Upon termination, you must cease all use of the Website, and any outstanding fees remain payable.

    For more detailed information about cancellation, please visit ________________________; which sets forth our full cancellation policy and by this reference is incorporated into these Terms.

    6. Code of Conduct

    As a user of the Website, you agree to abide by the following Code of Conduct:

    • For Mental Health Professional users and Non-Mental Health Professional users, you will conduct yourself professionally and ethically at all times, in accordance with the standards of your licensing authority (if applicable) and applicable laws.
    • Provide only accurate and truthful information in recommendations, profiles, and communications.
    • You will not post, upload, or distribute any content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate.
    • Respect the privacy and confidentiality of all individuals who use the Website, including professionals, clients, patients, and other visitors. You may not disclose, post, transmit, or otherwise share any sensitive information about another person without that person’s express consent. For purposes of this policy, “sensitive information” includes, but is not limited to: personally identifiable information (such as full name, address, phone number, email address, date of birth, or government-issued identification numbers); health or mental health information; financial or payment information; employment or professional records; photographs, videos, or audio recordings; or any information shared in confidence or intended to remain private, including personal or professional communications. This obligation applies to all communications on or through the Website, including messages, reviews, comments, forum posts, and any other form of user interaction. 
    • Do not engage in harassment, discrimination, or any form of abusive behavior toward other users.
    • Do not use the Website for solicitation of illegal activities, spam, or unauthorized advertising.
    • Do not attempt to circumvent Website features, hack, or interfere with the Service.
    • Do not impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, or perform any other fraudulent activity.
    • Do not express or imply that any statements you make are endorsed by the Company without the Company’s specific prior written consent.
    • Do not modify, adapt, sublicense, translate, sell, reverse engineer, create derivate works, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Website, or cause others to do so.
    • Do not defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about users or third parties without their consent.
    • Do not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website.
    • Report any suspected violations of this Code to the Website administrator.

    Violations of this Code may result in immediate termination of your account, without refund, and may be reported to relevant authorities if warranted.

    7. User Content and Responsibilities

    You are solely responsible for any content you post, share, or transmit on the Website, including recommendations and contact information. You represent and warrant that your content is accurate, non-infringing, and complies with all applicable laws.

    By posting content, you grant us a non-exclusive, royalty-free license to use, display, and distribute it as necessary to operate the Website.

    You agree not to:

    • Upload viruses, malware, or harmful code.
    • Impersonate others or misrepresent your credentials.
    • Use the Website for any unlawful purpose. 

    8. Disclaimers and Limitations of Liability

    The Website is provided "as is" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the accuracy, completeness, or reliability of any information on the Website, including user profiles or recommendations. You use the Website at your own risk. To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Website, even if advised of the possibility of such damages. Our total liability shall not exceed the amount you paid us in the preceding 12 months.

    9. Indemnification

    You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

    • Your use of the Website.
    • Your violation of these Terms or the Code of Conduct.
    • Your violation of any third-party rights, including intellectual property or privacy rights.
    • Any claims related to recommendations, hires, or services facilitated through the Website.
    • Your failure to comply with licensing requirements or professional standards.
    • Any claim that your use of the Website or Service caused damage to a third party, including but not limited to any claim of defamation, right of publicity, unfair competition, or allegation of obscenity related to your use of the Website or Service.

    This defense and indemnification obligation survives termination of your account or these Terms and survives your use of the Website or Service. 

    10. Intellectual Property

    All content on the Website, including text, graphics, logos, and software, is owned by us or our licensors and protected by intellectual property laws. You may not reproduce, distribute, or create derivative works without our prior written consent.

    11. Governing Law and Dispute Resolution

    These Terms shall be governed by the laws of North Carolina, without regard to conflict of laws principles. Any disputes arising from these Terms shall be resolved exclusively in the courts of the State of North Carolina.

    Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in North Carolina, and shall be conducted by a single arbitrator mutually agreed upon by the parties or appointed in accordance with AAA rules. The arbitration proceedings shall be conducted in English, and the arbitrator shall apply the laws of North Carolina. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. Each party shall bear its own costs and attorneys' fees, and the parties shall equally share the arbitrator's fees and administrative costs of arbitration, unless the arbitrator determines otherwise. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm, including but not limited to violations of intellectual property rights or confidentiality obligations. 

    12. Notice. The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Website in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Website in an authorized manner.

     

     

    13. Entire Agreement; Other. These Terms, together with any end user license agreement and any specific guidelines or rules that are separately posted for particular services or offers on the Website, contain the entire agreement between you and the Company regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.

    14. Amendment. This Agreement is subject to change by the Company at any time. To help you stay current of any changes, the Company notes the date these Terms were last updated below. Your use of the Website following the posting of any revised Terms shall be deemed acceptance of the revised Terms.  The Company recommends checking these Terms periodically. If you disagree with the provisions of these Terms at any time, your sole remedy is to terminate your use of the Website and Service. Continued use of the Website and Service constitutes your agreement to these Terms as in effect.

    15. Miscellaneous.  If any provision of these Terms is held invalid, the remainder shall continue in full force. These Terms constitute the entire agreement between you and us.

    16. Shipping Policy. Access is obtained digitally.

    For questions, contact us at [email protected].

    By using the Website, you acknowledge that you have read, understood, and agree to these Terms.