access and use of the communication platform offered by MyCocun, Inc. By accessing or using
the Service, you agree to comply with and to be bound by all of the terms and conditions
described in these Terms. If you do not agree to all of these terms and conditions, you are not
authorized to use the Service. The terms “You”, “Your,” and “Yourself” refer to the individual
user of the Service.
You hereby certify that you are (i) over the age of eighteen (18) or have the legal ability to
consent to Therapy or have your Parent/Guardian consent to Therapy, and (ii) physically
located or are a resident of the State or Country you have chosen as your current residency
when creating your Account. You agree to provide “Contact Information” (your personal contact
and/or a close family member/relation) to your Provider to act as an information source to be
used in case of a mental health crisis or other emergency where knowledge of your location is
crucial. You acknowledge that your ability to access and use the Service is conditioned upon the
truthfulness of the information you provide regarding your age, residence and Contact
Information and that the Providers you access (“Provider(s)”) are relying upon this certification in
order to interact with you and provide the Services.
Other than the guidance and advice you receive directly by you from your licensed Provider, the
other educational, graphics, research sources and other incidental information on the Site, the
Content, should not be considered medical advice. You should always talk to an appropriately
qualified health care professional for diagnosis and treatment, including information regarding
which medications or treatment may be appropriate for you. None of the Content represents or
warrants that any particular medication or treatment is safe, appropriate, or effective for you.
MyCocun does not endorse any specific tests, medications, products or procedures.
To access the Services, you must first enroll to establish an individual user account (“Account”),
by providing certain information. You agree that you will not create more than one Account, or
create an Account for anyone other than yourself without first receiving permission from the
other person. In exchange for your use of the Service and, if applicable, in order for providers to
send notices to you, you agree to: (i)provide true, accurate, current and complete information
about yourself as prompted by our Account enrollment form (understanding you may use an
anonymous user name or nickname after you provide certain personal and emergency Contact
Information); and (ii) each time you log on, maintain and promptly update such Account
information to keep it true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or MyCocun has reasonable grounds to suspect
that such Account information is untrue, inaccurate, not current or incomplete, MyCocun
reserves the right to transition your treatment to another Provider outside of MyCocun and
refuse any future request(s) to use the MyCocun Services. You shall at all times remain
responsible for maintaining the confidentiality of your Account password and username (if any)
and any other security information related to your Account. MyCocun will not be liable for any
loss that you incur as a result of someone else accessing and using your Account, either with or
without your knowledge.
You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate
purpose or in any manner that contravenes these terms. You shall not post, use, store or
transmit(i) a message or information under a false name; (ii) information that is unlawful,
libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful
to any person; or (iii) information that infringes or violates any of the intellectual property rights
of others or the privacy or publicity rights of others. You shall not attempt to disrupt the
operation of the Service by any method, including through use of viruses, Trojan horses, worms,
time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in
any manner that could damage, disable or impair the Service. You shall not attempt to gain
unauthorized access to any user accounts or computer systems or networks, through hacking,
password mining or any other means. You shall not use any robot, scraper or other means to
access the Service for any purpose. Neither MyCocun nor its affiliates are under any obligation
to respond to messages posted on the Service. You are solely responsible for the information or
material you post on the Service.
Acceptable Use Continued
The following terms apply to any App accessed through or downloaded from any source (such
as the Apple App Store or other similar platforms) where the App is made available (each such
distribution platform an “App Provider”). You acknowledge and agree that:
these Terms are between you and MyCocun, and not with the App Provider, and that MyCocun
(not the App Provider), is solely responsible for the App; and the App Provider has no obligation
to furnish any maintenance and support services with respect to the App claims, losses,
liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will
be the sole responsibility of MyCocun.
If you download the App, such as a stand-alone software product or a browser plugin, you agree
that from time to time, the software may require that you download upgrades, updates and
additional features we publish in order to improve, enhance, and further develop the software,
Service, or App. The Service may change from time to time and/or MyCocun may stop
(permanently or temporarily) providing the Service (or features within the Service), possibly
without prior notice to you.
Any payment you make for the use of the Services is used to compensate MyCocun for its
software development, overhead, administrative services and other corporate costs and fees,
including transaction fees for credit card usage. The MyCocun Network Providers practicing
through the Platform also compensate for the use of the MyCocun technology and for
administrative fees. Part of your payment for the use of the Services, accounted for separately,
is remitted to the Provider for the direct clinical services provided to you. MyCocun does not
participate, split, or take a percentage of this payment to the Provider. Regardless of any
payments made, MyCocun does not hold itself out as your direct provider of therapy services as
that is the role of your licensed, network accredited Provider.
You agree to pay all fees and charges associated with your Account on a timely basis in
accordance with the fee schedule, and the terms and rates published by MyCocun from time to
time. Such fees and charges (including any taxes and late fees, as applicable) may be charged
to the credit card you provided during the initial setup of your Account. You agree to maintain
valid credit card information in your Account. By providing MyCocun with credit card information
you authorize MyCocun to bill and charge your credit card.
Payment processing services for counseling services on MyCocun are provided by Stripe and
are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of
Service (collectively, the “Stripe Services Agreement”). By agreeing to [this agreement / these
terms / etc.] or continuing to operate as a [account holder term] on [platform name], you agree
to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from
time to time. As a condition of [platform name] enabling payment processing services through
Stripe, you agree to provide [platform name] accurate and complete information about you and
your business, and you authorize [platform name] to share it and transaction information related
to your use of the payment processing services provided by Stripe.
If you are accessing MyCocun provided Psychiatry Services, then you may interface with our
prescription provider who will provide you with separate payment information.
MyCocun does not directly employ the Providers matched through the Service. MyCocun
created a modern, health network of telecounseling, trained and accredited Providers. The
MyCocun Network only works with independent, licensed, insured and vetted professional
Providers. MyCocun has business relationships with many of the largest Healthcare Plans in the
Country and as such, MyCocun enforces “NCQA” standards. The National Committee for
Quality Assurance (NCQA) is an independent 501(c)(3) nonprofit organization in the United
States that works to improve health-care quality through the administration of evidence-based
standards, measures, programs, and accreditation. The National Committee for Quality
Assurance operates on a formula of measure, analyze, and improve and it aims to build
consensus across the industry by working with policymakers, employers, doctors, and patients,
as well as health plans. The result is that the MyCocun Network employs the highest
accreditation standard in the US, one widely used by most healthcare organizations.
In order to receive approval to practice using the MyCocun Network, the applying Provider must
be found to be in compliance with the policies and procedures of MyCocun, National Committee
for Quality Assurance (NCQA) Managed Behavioral Healthcare Organization (MBHO)
standards, federal and state guidelines, and must receive written approval from MyCocun. This
verification process includes, but is not limited to:
- – Verification of licensure. The practitioner holds a valid, current license to practice which is
verified directly from the state license agency.
- – Verification of proper education and degree.
- – Verification of board certification for practitioners that state they are board certified.
- – Verification of a minimum of two years work history and confirmation that the Provider can
practice independently at the highest applicable state level of licensure.
- – Verification of malpractice insurance. A copy of the current malpractice coverage that shows
the dates and amounts of coverage obtained from the malpractice insurance carrier or the
- – Verification of any applicable specialized training. Written verification is needed for the
completion of any specialized training the practitioner has received from the school or training
program that provided the training.
Your relationship with the Provider is strictly with the Provider. MyCocun is not involved in the
Provider-patient relationship and does not interfere, validate or control the Provider’s treatment
unless advocating on behalf of you when following up on a particular complaint. MyCocun is
working to create a national network of accredited therapists and counselors, and constantly
seeks improved data science in order to better understand our member’s needs.
All that stated, You are always advised to exercise a high level of care and caution in the use of
MyCocun Network of Providers as you would in making any mental health or medical decision.
You should never disregard, avoid, or delay obtaining medical advice from your primary doctor
or other qualified healthcare provider or by using or combining MyCocun with traditional
face-to-face appointments; solely because of information you saw on the MyCocun site or
advice you received through a MyCocun Network Provider.
MyCocun supports a holistic approach to mental health and the choices you have to create the
best therapeutic journey that matches your individual needs.
All of the content available on or through the service is the property of MyCocun or its licensors
and is protected by copyright, trademark, patent, trade secret and other intellectual property law.
You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or
circulate the content received through the Service to any third party. All software and
accompanying documentation made available for download from the Service is the copyrighted
work of MyCocun or its licensors. Any copy made of information obtained through the Service
must include all applicable copyright notices.
“MyCocun” is a copyrighted term. All rights reserved. Subject to the terms of this Agreement,
MyCocun hereby grants you a limited, revocable, non transferable and non-exclusive license to
use the software, network facilities, content and documentation on and in the Service to the
extent, and only to the extent, necessary to access and use the Service.
The license granted herein does not permit you to, and you agree not to: (i) modify, translate,
reverse engineer, disassemble, decompile or create derivative works of the Service or allow a
third party, whether directly or indirectly (including, but not limited to the direct or indirect use of
wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble,
decompile or create derivative works of the Service; or (ii) transfer, distribute, sell, lease, rent,
disclose or provide access to the Service to any third party or use the Service to provide service
bureau, time sharing or other services to third parties.
ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED
“AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
MyCocun DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, MyCocun DOES NOT WARRANT THAT ACCESS TO
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY,
WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE
AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE
OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR
DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON
USING YOUR USERNAME OR PASSWORD. MyCocun CANNOT AND DOES NOT ASSUME
ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE
FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR
FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS,
INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.
Limitations of Liability
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU
AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO
CIRCUMSTANCES SHALL MyCocun, ANY MyCocun LICENSOR OR SUPPLIER, OR ANY
THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE
SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS
CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN
ANYCONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL
PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL MyCocun, ITS LICENSORS OR SUPPLIERS OF
NON-MEDICAL/ MENTAL HEALTHCARE SERVICES OR ANY THIRD PARTY WHO
PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE
LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR
SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR
Limitations of Liability Continued
COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF
THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE,
STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF MyCocun OR THEY HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation
of liability for consequential or incidental damages, so the limitations above may not apply to
Any link (including a hyperlink, button or referral device of any kind) used in the Service is
provided for your use and convenience. The appearance of a link does not constitute an
endorsement, recommendation or certification by MyCocun, nor should the presence of a link in
any way be construed as a suggestion that any third party website has any relationship to
MyCocun. MyCocun does not endorse the content on any third-party websites. MyCocun is not
responsible for the content of linked third-party websites or third-party advertisements, and does
not make any representations regarding its content or accuracy. MyCocun does not knowingly
link to websites that may infringe on valid and existing trademarks, service marks, copyrights or
patents. Your use of third-party websites is at your own risk and subject to the terms and
conditions of use for such websites.
At MyCocun we encrypt our data from day one. All Private Health Information is stored with full
HIPAA compliance and in an anonymized form.
In the United States, applicable HIPPA laws require at least seven years of data retention. So,
unlike some data platforms, MyCocun cannot erase private health data directly upon a Client’s
request, as it may be considered essential for other medical file retention purposes.
MyCocun may suspend or terminate your access to the Service at any time, for any reason or
for no reason at all. MyCocun has the right (but not the obligation) to refuse to provide access to
the Service to any person, agency or organization at any time, for any reason or for no reason
at all, in our sole discretion. MyCocun reserves the right to change, suspend, or discontinue all
or part of the Service, temporarily or permanently, without prior notice.
To review your complaint about a particular issue/instance that your report about your Provider
or about a particular language intention with your Provider;
For your safety concerns or complaints of unethical Provider practices;
To transition you to a new Provider or if your account is non responsive or inactive for an
extended period of time; or
To address raised quality assurance concern(s) that may apply to an individual Provider, a
state-wide compliance issue or a national network issue.
You consent to MyCocun If your particular complaint requires a review of Session Transcripts
in the original form, you consent to a MyCocun Licensed Oversight Provider accessing your
account only to respond to your particular complaint or raised issue. All de-identified data,
meta-data and research data collected by MyCocun through your use of the Services remains
the sole property of MyCocun. MyCocun may share some or all of this research data with third
parties in connection with joint or outside research, analytics, or similar purposes. Research
data is used in non identifiable aggregate form, that is, as a statistical measure, but not in a
manner that would identify you personally. You shall not request that MyCocun remove or
delete any of such data.
You agree that the email username you provide can be used by MyCocun to send you
marketing offers from MyCocun.
You acknowledge that MyCocun must store all personal data as required by law, typically for no
less than seven (7) years, and may not delete such medical records data, even upon your direct
Any dispute or claim relating in any way to your use of the MyCocun Service will be resolved by
binding confidential arbitration, rather than in court. The Federal Arbitration Act and federal
arbitration law apply to these Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must interpret these Terms as a court would.
It is agreed that any dispute resolution proceedings will be conducted only on an individual basis
and not in a class, consolidated or representative action. If for any reason a claim proceeds in
court rather than in arbitration, MyCocun and you each waive any right to a jury trial. It is further
agreed that you may not bring suit in court to enjoin infringement or other misuse of intellectual
These Terms are governed by the laws of the state of Pennsylvania, without regard to any
conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the
Philadelphia courts in the cases that arbitration is not successful or is assigned or appealed to a
civil court. MyCocun’s failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held to be invalid or
unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices
required to be given to you by MyCocun may be delivered by electronic mail to the address
provided during the creation of your Account.
These Terms constitute the entire Agreement between MyCocun and yourself regarding the Service, and supersede and replace any prior
agreements you and MyCocun might have regarding the Service. MyCocun may revise these
Terms from time to time without notice to you. By continuing to access or use our Service after
those revisions become effective, you agree to be bound by the revised terms. We encourage
you to read the stems periodically.