Terms and Conditions
Updated and Effective: March 28, 2025
Terms and Conditions
The following Terms and Conditions (the “Agreement”) govern your access to and use of TalkJoy’s online platform, which connects users with licensed therapists and professional coaches for mental health and personal development services (collectively, the “Platform”). TalkJoy owns and operates this website and its related applications. The Platform may be accessed via multiple websites or applications, whether owned and operated by TalkJoy or by third parties.
By accessing or using the Platform, you agree to the terms outlined in this Agreement. Please read this Agreement carefully before using the Platform. If you do not agree to any term of this Agreement, you must not access or use the Platform.
When the terms “we,” “us,” “our,” or similar are used in this Agreement, they refer to TalkJoy or any affiliated company that owns and operates the Platform (the “Company”).
IMPORTANT NOTICE: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER
Therapists, Coaches, and Services
The Platform connects you with licensed mental health professionals (“Therapists”) and certified professional coaches (“Coaches”) who provide their respective services (“Services”) through the Platform.
For U.S.-Based Therapists
All Therapists providing services on the Platform are required to be accredited, trained, and experienced professionals. They must hold one of the following credentials, based on their state and jurisdiction:
• Licensed Psychologist (PhD / PsyD)
• Licensed Marriage and Family Therapist (LMFT)
• Licensed Clinical Social Worker (LCSW)
• Licensed Professional Counselor (LPC)
• Other applicable and recognized professional certifications
Therapists must hold a relevant academic degree in their field, have at least 3 years of experience, complete a minimum of 1,000 hours of hands-on practice, and be certified by their respective professional boards after successfully meeting all educational, examination, training, and licensure requirements.
For Non-U.S.-Based Therapists
Therapists practicing outside the U.S. must be registered, trained, and experienced professionals in their respective countries. They must hold recognized credentials as counselors, psychologists, social workers, or therapists and meet the accreditation, experience, and professional qualification requirements applicable in their region.
For Coaches
Professional Coaches offering services on the Platform must have relevant certifications from recognized coaching organizations or equivalent qualifications in their field. Coaching services provided through the Platform are intended for personal development, goal-setting, and guidance. Coaches do not diagnose or treat mental health conditions and are not a substitute for licensed therapy.
For clarity, professionals on the Platform will be referred to by their applicable credentials based on their country of practice, including but not limited to U.S., U.K., Australian, German, Dutch, or French qualifications.
Therapist Services
Therapists on the TalkJoy platform are independent providers who are neither employees, agents, nor representatives of TalkJoy. The Platform’s role is solely to facilitate connections between users and Therapists. TalkJoy itself does not provide therapy services and is not a healthcare entity. Therapists are fully responsible for the services they provide through the Platform.
If you find that the services provided by your assigned Therapist do not meet your needs or expectations, you may request to be matched with a different Therapist available on the Platform. While TalkJoy maintains a broad network of professionals, availability is subject to jurisdictional licensure requirements and scheduling constraints. As a result, not all Therapists in our network may be available to you at all times. If your assigned Therapist discontinues their use of the Platform, TalkJoy will notify you via email and provide an opportunity to connect with a new Therapist.
While we aim to provide a beneficial experience, you acknowledge that online therapy may not be suitable for all individuals or situations. TalkJoy’s services are not a substitute for in-person therapy, especially for conditions requiring immediate or intensive care, such as active substance withdrawal or severe eating disorders like anorexia nervosa.
Emergency Disclaimer
If you are experiencing thoughts of suicide, self-harm, harm to others, or any other crisis, or if you have a medical emergency, immediately call your local emergency services or crisis hotline (click here) for a list of emergency resources in your area). The TalkJoy platform is not designed for crisis intervention or emergency care, and our Therapists cannot provide assistance in these cases. If you choose to use the Platform despite this notice, you do so at your own risk.
Service Limitations
The TalkJoy platform is not intended for:
• Clinical diagnoses that require in-person evaluations.
• Official documentation, including court-ordered therapy or emotional support animal certifications.
• Medical or pharmaceutical recommendations regarding prescription medications or treatments.
Coach Services
Coaches on the TalkJoy platform are independent providers who are neither employees, agents, nor representatives of TalkJoy. The Platform serves solely as a connection point between users and Coaches. TalkJoy itself does not provide coaching services and is not a healthcare entity. Coaches are fully responsible for the services they provide through the Platform.
TalkJoy offers access to both licensed and non-licensed Coaches. Licensed Coaches have obtained professional certifications from recognized coaching organizations or relevant governing bodies. Non-licensed Coaches may have extensive experience in their fields but do not hold formal licensure. Coaching services are not a substitute for therapy, counseling, or medical treatment.
If you find that the services provided by your assigned Coach do not meet your needs or expectations, you may request to be matched with a different Coach available on the Platform. While TalkJoy maintains a diverse network of professionals, availability may be subject to scheduling constraints. If your assigned Coach discontinues their use of the Platform, TalkJoy will notify you via email and provide an opportunity to connect with a new Coach.
While we aim to provide a valuable coaching experience, you acknowledge that coaching may not be appropriate for all individuals or situations. Coaching is designed to provide guidance on personal development, goal setting, and accountability—it is not intended to diagnose, treat, or manage mental health conditions. If you require medical or therapeutic intervention, we encourage you to seek care from a licensed mental health professional.
Service Limitations
The TalkJoy platform is not intended for:
• Clinical diagnoses, therapy, or mental health treatment.
• Official documentation, including court-mandated coaching or certifications for any legal or medical purposes.
• Medical, pharmaceutical, or psychiatric recommendations.
Privacy and Security
Protecting your personal information and maintaining the security of your data is a top priority at TalkJoy. Our privacy and security practices are outlined in detail in our Privacy Policy, which is available at talkjoy.co/privacy
BY USING THE PLATFORM, YOU AGREE TO THE TERMS OF THIS AGREEMENT AND THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND MADE A PART OF THIS AGREEMENT. ANY CHANGES OR REVISIONS TO THIS AGREEMENT WILL APPLY EQUALLY TO THE PRIVACY POLICY.
Intellectual Property
The TalkJoy platform, website, and related applications (“TalkJoy Intellectual Property”) - including all associated rights, titles, and interests, as well as any intellectual property rights - are owned by TalkJoy, its licensors, or other content providers. This Agreement does not grant you ownership or rights to the Platform or any intellectual property owned by TalkJoy.
“TalkJoy,” “talkjoy.com,” and all related names, logos, product and service names, designs, and slogans (“TalkJoy Marks”) are trademarks of TalkJoy or its affiliates and licensors. You may not use TalkJoy Marks without prior written permission. All other names, logos, product and service names, designs, and slogans appearing on the Platform are trademarks of their respective owners.
Subject to compliance with these Terms, TalkJoy grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to:
1. Access and use the Platform solely for your personal use in connection with the Services on your personal device.
2. Access and use any content, information, and materials made available through the Services, strictly for personal, non-commercial purposes.
All rights not expressly granted under this Agreement are reserved by TalkJoy and its licensors.
Third-Party Content
The Platform may feature content, products, or services provided by third parties (“Third-Party Content”), including external links to third-party websites, advertisements, and promotional material. TalkJoy does not create, endorse, or control any Third-Party Content, and we are not responsible for the accuracy, terms, policies, or practices of third-party providers.
TalkJoy is not liable for any damage, loss, or issues arising from your interaction with Third-Party Content. Your use of any third-party services is at your own discretion and subject to the terms and policies of those third parties.
Disclaimer of Warranty and Limitation of Liability
To the fullest extent permitted by law, you release and agree to hold TalkJoy harmless from any and all claims, causes of action, or liabilities arising from the services provided by Therapists or Coaches through the Platform, including but not limited to any acts, omissions, advice, opinions, responses, suggestions, information, or services rendered by a Therapist or Coach, or any content accessible through the Platform.
YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALKJOY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.
YOU ALSO UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT TALKJOY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
Furthermore, TalkJoy’s total aggregate liability for any claims, damages, or losses arising from this Agreement or your use of the Platform shall not exceed the total amount of fees you have paid through the Platform in the 12 months preceding the date of the claim.
If applicable law does not allow certain limitations of liability, those limitations shall be modified only to the extent necessary to comply with the law.
This Limitation of Liability section shall survive the termination or expiration of this Agreement.
Arbitration Agreement
his section shall be referred to as the “Arbitration Agreement.”
By accepting the terms of this Arbitration Agreement, you and TalkJoy (collectively, the “Parties”) agree that any dispute, claim, or controversy (except those specifically exempted below) arising out of or relating to:
1. This Agreement and any prior versions of this Agreement, including issues concerning its existence, applicability, breach, termination, enforcement, interpretation, scope, waiver, or validity; and
2. The use of the TalkJoy Platform or services provided by Therapists or Coaches (collectively, “Disputes”)
will be resolved individually through final and binding arbitration. This Arbitration Agreement applies to Disputes that would otherwise be resolved in court or another forum. All claims in arbitration are subject to the same statutes of limitation that would apply in court. By accepting this Agreement, both Parties waive the right to a trial by jury.
The Parties acknowledge that this Agreement involves interstate commerce and agree that all arbitration-related issues shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, which are available at www.adr.org. If there is a conflict between the AAA Consumer Rules and this Arbitration Agreement, this Arbitration Agreement shall govern.
Arbitration Procedures
• The arbitration shall be conducted by a single arbitrator, selected per the AAA Consumer Rules. The arbitrator shall be either a licensed attorney or a retired judge with experience in relevant laws.
• Except for issues related to the Class Action Waiver (defined below), the arbitrator, not any court, shall have exclusive authority to resolve disputes concerning the enforceability, interpretation, or validity of this Arbitration Agreement.
• If the Parties cannot agree on a location, arbitration shall take place in Wilmington, Delaware.
• Each Party is responsible for its own attorney fees unless otherwise required by law. TalkJoy will cover arbitration fees where legally required. If not required by law, fees will be divided per applicable legal guidelines.
• The arbitrator shall allow limited discovery to ensure a fair resolution while maintaining arbitration’s efficiency.
• The arbitrator may grant any remedy available under applicable law but may not award any damages or remedies that would not be available in court.
• Either Party may file motions to dismiss or motions for summary judgment, following the Federal Rules of
Civil Procedure.
• The arbitrator’s decision shall be in writing, including findings of fact and conclusions of law, and may be enforced in any court of competent jurisdiction.
• A Party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction, but final determinations will be made in arbitration.
• If the AAA refuses to administer arbitration, either Party may petition a court to appoint a neutral arbitrator.
Class Action Waiver
Both you and TalkJoy agree that any dispute must be resolved individually. You waive the right to bring or participate in any class action, collective, or representative proceeding.
If a court finds that any part of this Class Action Waiver is unenforceable, the related claim must be litigated in court, while any remaining enforceable claims will proceed in arbitration.
Mass Arbitration Procedures
If 25 or more arbitration demands of a similar nature are filed against TalkJoy, presented by the same legal counsel or firm, the following “Mass Arbitration” procedures apply:
• The Parties shall group arbitration demands into batches of no more than 100 cases per batch.
• Each batch shall proceed as a single case, with one arbitrator and one set of filing and administrative fees.
• A separate arbitrator and fees apply for each batch.
• Any disputes over the applicability of Mass Arbitration procedures will be resolved in a consolidated arbitration proceeding by a single arbitrator.
• Mass Arbitrations will take place in Wilmington, Delaware.
Exceptions to Arbitration
This Arbitration Agreement does not require arbitration for:
1. Individual claims filed in small claims court (if they remain in that court and are brought on an individual basis).
2. Claims of sexual assault or sexual harassment in connection with TalkJoy’s services.
3. Injunctive relief to prevent infringement or misappropriation of copyrights, trademarks, trade secrets, or patents.
4. Claims that cannot legally be subject to arbitration, as specified by controlling federal or state laws (e.g., the Dodd-Frank Act or the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act).
Optional Pre-Arbitration Dispute Resolution
Before initiating arbitration, both Parties may attempt to resolve the dispute informally for 30 days (or a longer period if agreed upon).
A Notice of Dispute must be sent in writing and must include:
1. The full name and contact information of the complaining Party.
2. A description of the dispute and the relief sought.
Notices to TalkJoy should be sent to:
TalkJoy Legal Department
122-124 Elizabeth Street, Suite 1A
New York NY 10013
Notices to you will be sent to your registered billing or email address.
All pre-arbitration communications (including settlement offers) are confidential and inadmissible in arbitration or court unless otherwise discoverable by law.
Application to Third Parties
This Arbitration Agreement binds third parties bringing claims related to your use of the TalkJoy Platform, including spouses, heirs, beneficiaries, and assigns.
Right to Opt-Out
You may opt out of this Arbitration Agreement within 30 days of first accessing or using the Platform by sending an opt-out request to:
Subject Line: “Arbitration Opt-Out”
The request must include:
• Your full name and address
• A statement that you are opting out of arbitration
If you opt out, you and TalkJoy will retain the right to litigate disputes in court. If you do not opt out within 30 days, this Arbitration Agreement remains binding.
Survival of Arbitration Agreement
This Arbitration Agreement survives termination or expiration of your relationship with TalkJoy.
Your Account, Representations, Conduct, and Commitments
Eligibility and Consent
By using the TalkJoy Platform, you confirm that you are legally able to consent to receive Therapist or Coaching Services or have obtained consent from a parent or legal guardian if required by law. You also confirm that you have the legal capacity to enter into this Agreement.
Minor Consent
If parental or guardian consent is required for a minor to receive Therapist or Coaching Services, you, as the consenting parent or guardian, confirm that you have the sole legal authority to provide such consent and are not required to seek approval from any other guardian. By granting consent, you also agree to the terms of the Privacy Policy, including the collection and processing of the minor’s personal information. This consent remains valid until the account is canceled.
Account Information and Security
You agree that all information provided through the Platform is accurate, true, current, and complete. You commit to updating your information as needed to maintain its accuracy.
You are responsible for maintaining the confidentiality of your account credentials (“Account Access”), including passwords and any other security-related details. We recommend regularly updating your password and taking precautions to protect your account.
If you become aware of any unauthorized use of your account, you must notify us immediately. TalkJoy is not liable for any losses or damages resulting from unauthorized access, whether or not you were aware of such access. You are fully responsible for all activity conducted under your account and agree to indemnify TalkJoy for any damages resulting from misuse, whether authorized by you or not.
Platform Use and Restrictions
• You may not use another person’s account or share your Account Access with others.
• Your use of the Platform, including Therapist or Coaching Services, is for personal use only. You may not use the Platform on behalf of any other person or organization.
• You may not interfere with or attempt to disrupt any system, service, server, network, or infrastructure associated with the Platform. Unauthorized access or tampering is strictly prohibited.
You may not use the Platform to post, send, or transmit:
(a) Spam, unsolicited advertisements, or promotional materials
(b) Malware, viruses, or harmful code
(c) Harassing, abusive, obscene, unlawful, racist, or otherwise harmful content
(d) Content that infringes upon third-party intellectual property rights
(e) Content that causes harm or encourages illegal activity
You must comply with all applicable local, state, national, and international laws when using the Platform. This includes ethical and professional codes related to therapy and coaching services.
If you receive any files or attachments from TalkJoy or a provider, you agree to scan for viruses or malware before opening.
Indemnification
You agree to indemnify, defend, and hold TalkJoy harmless against any claims, losses, demands, liabilities, or expenses (including reasonable attorney’s fees) arising from:
(a) Your use of the Platform or services
(b) Any actions taken under your account, whether by you or someone else
(c) Violations of this Agreement
(d) Non-payment for services received
(e) Violations of third-party rights, including intellectual property, privacy, or confidentiality rights
This indemnification clause survives termination or expiration of this Agreement.
Payments and Billing
• You confirm that any credit card or payment method (“Payment Means”) used on the Platform is authorized for your use.
• All payment details provided must be accurate, current, and valid. You agree to update your payment information as necessary.
• You are responsible for timely payment of all fees and charges associated with your account, as outlined in the Platform’s pricing and terms.
• By providing a Payment Means, you authorize TalkJoy to charge you for services rendered and agree to maintain valid payment details on your account.
Modifications, Termination, Interruption, and Disruptions to the Platform
You acknowledge and agree that TalkJoy may modify, suspend, interrupt, or discontinue the Platform or any part of it at any time, either for all users or for you specifically, with or without prior notice. TalkJoy is not liable for any losses or damages resulting from such actions.
The Platform’s functionality depends on various software, hardware, and third-party service providers. While we make reasonable efforts to maintain reliable and consistent access, you acknowledge that no platform can be 100% free from downtime, disruptions, or errors, and we do not guarantee uninterrupted access at all times.
Export Controls and Sanctions
TalkJoy’s services may be subject to U.S. export control laws and regulations or similar laws in other jurisdictions, including:
• The Export Administration Regulations (EAR) maintained by the U.S. Department of Commerce
• Trade and economic sanctions enforced by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC)
• The International Traffic in Arms Regulations (ITAR) maintained by the U.S. Department of State
By using the Platform, you confirm that:
1. You are not located in a country subject to a U.S. embargo or other economic sanctions.
2. You are not listed as a prohibited or restricted party on any U.S. government list.
You agree to comply with all applicable export and trade laws, including not directly or indirectly selling, transferring, exporting, or re-exporting any TalkJoy-related technology, products, or software to any restricted destination, entity, or person without prior authorization from the appropriate authorities.
Notices
We may send you notices regarding this Agreement or the Platform via email, postal mail, or online posting. The date of receipt shall be deemed the date on which the notice is given.
If you need to contact us, please email: support@talkjoy.co.
Notice to California Residents
The California Board of Behavioral Sciences receives and responds to complaints about licensed professionals, including marriage and family therapists, clinical social workers, and professional clinical counselors. You may contact the board at www.bbs.ca.gov or call (916) 574-7830.
Contact and Complaints
For general inquiries, support, or complaints regarding the Platform, please email: support@talkjoy.com.
Important Legal Information
This Agreement, along with our relationship with you, shall be governed and interpreted solely under the laws of the State of Delaware, without reference to conflict-of-law principles.
Entire Agreement
THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND TALKJOY. YOU CONFIRM THAT YOU HAVE NOT RELIED ON ANY OTHER PROMISES OR REPRESENTATIONS OUTSIDE OF WHAT IS STATED HEREIN.
Jurisdiction and Venue
For any legal disputes arising from or related to this Agreement, you irrevocably consent to the exclusive jurisdiction of:
• The U.S. District Court for the Northern District of California, or
• The state courts in Santa Clara County, California
Nothing in this Agreement affects your statutory consumer rights under the laws of your country of residence.
Modifications to the Agreement
TalkJoy may modify this Agreement by posting updates on the Platform. Unless otherwise stated, modifications take effect immediately upon posting. You are encouraged to review this Agreement regularly.
• The last updated date is listed at the bottom of this Agreement.
• By continuing to use the Platform after updates take effect, you agree to the revised terms.
• If you do not agree with the changes, you must stop using the Platform and terminate your account.
Assignment
TalkJoy may transfer or assign this Agreement or any of its obligations without prior notice.
Legal Provisions
• The headings in this Agreement are for convenience only and do not affect its interpretation.
• If any part of this Agreement is found to be invalid or unenforceable, the remaining terms will still apply in full force.
• All provisions regarding arbitration, liability limitations, and indemnification will survive termination or expiration of this Agreement.
Important Legal Information
This Agreement, along with our relationship with you, shall be governed and interpreted solely under the laws of the State of Delaware, without reference to conflict-of-law principles.
Entire Agreement
THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND TALKJOY. YOU CONFIRM THAT YOU HAVE NOT RELIED ON ANY OTHER PROMISES OR REPRESENTATIONS OUTSIDE OF WHAT IS STATED HEREIN.
Jurisdiction and Venue
For any legal disputes arising from or related to this Agreement, you irrevocably consent to the exclusive jurisdiction of:
• The U.S. District Court for the Northern District of California, or
• The state courts in Santa Clara County, California
Nothing in this Agreement affects your statutory consumer rights under the laws of your country of residence.
Modifications to the Agreement
TalkJoy may modify this Agreement by posting updates on the Platform. Unless otherwise stated, modifications take effect immediately upon posting. You are encouraged to review this Agreement regularly.
• The last updated date is listed at the bottom of this Agreement.
• By continuing to use the Platform after updates take effect, you agree to the revised terms.
• If you do not agree with the changes, you must stop using the Platform and terminate your account.
Assignment
TalkJoy may transfer or assign this Agreement or any of its obligations without prior notice.
Legal Provisions
• The headings in this Agreement are for convenience only and do not affect its interpretation.
• If any part of this Agreement is found to be invalid or unenforceable, the remaining terms will still apply in full force.
• All provisions regarding arbitration, liability limitations, and indemnification will survive termination or expiration of this Agreement.