- Us, Our, We, or Company denotes ESC Mobile LTD, a corporation registered in the United Kingdom with registration number 7699810. Our registered office is at Unit Da2 Sutherland House, 43 Sutherland Road, London, United Kingdom, E17 6BU.
- Data Protection Legislation means the UK Data Protection Laws and any relevant European Union regulations concerning Personal data.
- UK data Protection Legislation refers to all data protection and privacy laws currently in effect within the United Kingdom.
- Clients refers to the therapist’s or mental health professional’s clients.
- Client data refers the Personal data belonging to Clients, which includes their names, addresses, therapy notes, evaluations, assessment and any other relevant information processed through the Seneca platform.
- Personal data is defined as any information that relates to an identified or identifiable natural person, which is processed by the Company in connection with the delivery of the Services or access to the Site. An identifiable person is one who can be directly or indirectly identified, especially through identifiers such as a name, identification number, location data, online identifier, or other specific factors related to their physical, physiological, genetic, mental, economic, cultural, or social identity.
- Intellectual Property Rights encompass a broad range of rights, including but not limited to patents, utility models, invention rights, copyrights and related rights, trademarks, service marks, trade names, domain names, design rights, computer software rights, database rights, and rights to maintain the confidentiality of information (such as know-how and trade secrets). It also includes rights to apply for and obtain these protections, renewals or extensions thereof, and rights to enforce against infringement through legal action, existing or future, globally.
- Maintenance refers to updates of the Software that fix bugs, introduce new features, or make enhancements without constituting a major new version release.
- Privacy policy denotes our privacy policy, accessible at https://beseneca.com/privacy-policy, which outlines how we collect, use, protect, and disclose your Personal data.
- You, your, customer or user refers to your organization, therapists and mental health professionals that engages with Seneca for its services, utilizes the Seneca platform provided by ESC Mobile LTD.
- Seneca refers to the AI-powered web platform developed and provided by ESC Mobile LTD, including all associated services, software updates, communications, websites, and any other online tools or services related to the platform.
- Staff includes all employees, contractors, agents, and subcontractors employed by either party involved in the Contract.
- Site refers to the official website of Seneca accessible at https://beseneca.com.
- Company name: ESC Mobile LTD
- Registration number:7699810
- Address: Unit Da2 Sutherland House, 43 Sutherland Road, London, United Kingdom, E17 6BU.
- Web site: https://beseneca.com
Seneca is a fully hosted AI-powered web platform accessible via the Internet, designed to empower therapists. Both the software and database underpinning Seneca are securely hosted in data centres located within the European Union, in strict accordance with our Privacy Policy.
The Services are provided, established, managed, and maintained by ESC Mobile LTD and our designated hosting partners. We ensure that Seneca operates smoothly, offering reliable and secure access to our users.
To utilize Seneca, you must have a stable internet connection. Any issues or disruptions with your local internet service may impede your ability to access the services. In cases where your local internet connection is unavailable or experiencing problems, access to Seneca may be temporarily hindered.
From time to time, we may implement changes to Seneca, including but not limited to adding new functionalities, releasing maintenance updates, or introducing new features. These modifications are made solely at our discretion. When such changes are significant, we will document and inform our users accordingly to ensure transparency and maintain the quality of the services.
We utilize any Personal data we collect about you through your use of Seneca and the Services solely in the manners outlined in our Privacy Policy.
As the data Controller, we determine the purposes for which and the manner in which customer data is, or is to be, processed. This policy delineates the types of processing activities we may undertake concerning customer data.
When you or your staff are responsible for inputting client data — which may be collected, stored, and processed through your use of the services and Seneca — you will be the data Controller. In this capacity, ESC Mobile LTD will function solely as a data Processor.
In instances where you are collecting, storing and processing client data, you will bear responsibility for:
- Informing your staff and clients of your own privacy policy and practices, including the lawful grounds upon which you are processing any personal data.
- Ensuring compliance with data protection legislation, encompassing all relevant data protection and privacy laws pertinent to the jurisdiction in which you operate and / or that apply to your clients.
- Highlighting this privacy policy to the clients.
- Notifying us if any client objects to either your or our processing of their personal data.
ESC Mobile LTD shall, regarding any client(s) data processed in connection with the performance of the services:
- Process data only on instructions: ESC Mobile LTD will process client data strictly according to your written instructions. The Company will not process the client data for any other purposes or in any manner that does not comply with the contract or the data protection legislation.
- Implement Appropriate Security Measures:The Company will ensure that it has in place suitable technical and organizational measures to protect against unauthorized or unlawful processing of client data and against accidental loss, destruction, or damage of client data. These measures are appropriate to the potential harm that might result from such unauthorized or unlawful processing, taking into account the state of technological development and the cost of implementing any measures.
- Confidentiality Obligations: All of ESC Mobile LTD’s staff who have access to and / or process client data are contractually obliged to maintain the confidentiality of the client data.
- Assist the customer with data subject requests: ESC Mobile LTD will assist the customer, at the customer’s expense, in responding to any requests from a data subject and in ensuring compliance with its obligations under the data protection legislation concerning security, breach notifications, impact assessments, and consultations with supervisory authorities or regulators.
- Notify of data Breaches: The company will notify the customer without undue delay upon becoming aware of a personal data breach.
- Data deletion upon termination: Within 30 days of the termination or cancellation of your contract, the company will delete client data and all copies thereof unless storage of the client data is required by data protection legislation (subject always to provisions regarding backups).
- Maintain Compliance Records: ESC Mobile LTD will maintain complete and accurate records and information to demonstrate its compliance with these obligations. Authorization for data Transfer Outside the UK The customer hereby authorizes ESC Mobile LTD to transfer client data outside the UK provided that all such transfers are carried out using the following ‘Appropriate Safeguards’ as required under data protection legislation.
- Adequate Protection Levels:The company will process client data only in territories that currently have a finding by the European Commission under data protection Legislation indicating that the territory provides adequate protection for the privacy rights of individuals.
- Valid Cross-Border Transfer Mechanisms: The Company is participating in a valid cross-border transfer mechanism under data protection legislation, ensuring that appropriate safeguards are in place to maintain an adequate level of protection for the privacy rights of individuals as required by Article 46 of the UK GDPR.
The customer grants the company a general authority to process client data for the sole purpose of delivering and extending company services through integrations with third-party providers, such as InfoBip, Stripe, and Square. Such processing shall be subject to the following conditions:
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Data protection obligations:
The company shall ensure that any third-party provider engaged as a sub-processor is contractually bound by obligations that are equivalent to those set out in this agreement. These obligations include the implementation of appropriate technical and organisational measures to ensure that the processing of client data complies with applicable data protection legislation.
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Guarantees of compliance:
Prior to engaging any sub-processor, the company will undertake sufficient due diligence to ensure that the sub-processor is capable of fulfilling its data processing obligations in a manner consistent with the requirements of this agreement and applicable data protection laws.
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Ongoing oversight:
The company will monitor the sub-processor’s compliance with the agreed data protection obligations throughout the duration of the sub-processing arrangement.
By granting this authority, the customer acknowledges that the company may share client data with approved sub-processors solely to enable the delivery of the services. All such sub-processing activities will be governed by agreements that reflect the terms of this contract and ensure full compliance with data protection legislation.
The company performs regular database backups to ensure the reliability and integrity of the Seneca platform. These backups are conducted and maintained in compliance with strict technical and security standards, as outlined below:
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Encrypted storage:
All backup data is stored in encrypted form using industry-standard encryption protocols to ensure the confidentiality and security of the data.
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Retention period:
Backups are retained for a minimum period of one year to allow for the restoration of data if required for technical purposes, such as recovering from system failures or data corruption.
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Restricted access:
Access to backup data is strictly limited to C-level staff within the company. Access is granted only through secure channels protected by multi-factor authentication to prevent unauthorized access.
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Purpose of backups:
The backups are maintained solely for technical purposes, such as restoring data in the event of unexpected issues. The data in backups will not be used for any other purpose without the customer’s explicit consent, unless required by law.
By using the Seneca platform, the customer acknowledges and agrees to the company’s backup procedures and policies as described in this section.
The company is committed to providing reasonable support to customers and addressing bugs or issues reported in connection with the Seneca platform. The following terms outline the scope and limitations of the company’s technical support services:
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Best effort policy:
The company will make every reasonable effort to support customers and resolve reported issues in a timely manner. However, the company does not guarantee specific response or resolution times and cannot be held liable for delays in addressing reported problems.
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Required information:
To facilitate effective issue resolution, customers must provide detailed and accurate information when reporting an issue. This includes, but is not limited to:
- The component of the platform affected (e.g., clients, appointments, calendar, or other);
- Operating system information and browser details (including version);
- Time zone and steps to reproduce the issue, if possible;
- Specific client details related to the issue (if applicable);
- Screenshots or videos demonstrating the issue, if relevant.
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Limitations on third-party issues:
The company may be unable to provide support for issues caused by third-party services or sub-processors, such as WhatsApp messages through Infobip, Stripe, or other integrations. In such cases, the company will advise customers to contact the relevant third party for assistance.
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Restrictions on support access:
The company reserves the right to withhold access to online support in the following circumstances:
- Support requests contain abusive, rude, or offensive language;
- Support requests are excessively terse, confrontational, or hostile in tone;
- Support requests are submitted by individuals who are not registered users of the Seneca platform;
- Support requests lack sufficient detail or are inaccurately described;
- Support requests are repeatedly submitted without any new information or updates;
- Customers fail to respond to follow-up questions or requests for additional information necessary to investigate the issue.
By using the Seneca platform, customers acknowledge and agree to the technical support policies outlined in this section.
ESC Mobile LTD is committed to maintaining the highest standards of data security and privacy. The following outlines our data handling practices:
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ICO registration:
ESC Mobile LTD is registered with the information commissioner’s office (ico) under registration number 00014663288, ensuring compliance with uk data protection laws and regulations.
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Staff training and confidentiality:
All staff members undergo regular training on data safety and privacy best practices. Before joining the team, each staff member signs a data confidentiality agreement to ensure they understand their responsibilities in protecting customer and client data.
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Encrypted data storage:
Your data is stored in encrypted and non-human-readable formats, utilizing industry-standard encryption techniques. This ensures that your data remains secure and inaccessible to unauthorized individuals.
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Access policy:
Access to customer and client data is strictly controlled and granted only on a need-to-know basis. This means that data access is limited to staff members who require it to:
- provide support to customers;
- develop or maintain the platform;
- ensure the continued operation and security of the servers.
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Data hosting:
All data is hosted in secure data centers in compliance with our privacy policy. This ensures that your data is handled in accordance with applicable laws and best practices for data protection.
By using the Seneca platform, you acknowledge and accept the data security and handling policies described in this section.
Use of the Seneca platform is subject to a paid subscription unless limited free access is explicitly granted by the company. This section outlines the terms governing subscriptions, payments, and associated rights and obligations:
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Subscription rights:
Upon subscribing to Seneca, the customer is granted a non-exclusive, non-transferable right to use the services in accordance with these terms of service. This right is contingent on the customer’s timely payment of the subscription fee corresponding to their selected plan.
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Payment terms:
All subscription fees are payable monthly and must be settled within the first three business days of each calendar month. Payments are to be made via bank transfer to the company’s designated uk bank accounts, as provided in the contract.
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Consequences of non-payment:
If a subscription fee is not paid on time:
- The company reserves the right to suspend access to the services until the outstanding payment is received.
- If non-payment continues, the company may terminate the customer’s account, provide the customer with all data held by the company, and claim the unpaid subscription fees for the period during which the services were used.
- In cases of account termination due to non-payment, the customer’s data will be irreversibly deleted from the company’s systems after the termination process is completed.
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Fee adjustments:
The company reserves the right to change subscription fees or introduce new charges with at least 30 days’ notice to the customer. Notifications of fee changes will be sent to the customer via email.
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Payment obligations:
All payments under the contract must be made in full, without any set-off, counterclaim, deduction, or withholding, except as required by applicable law (e.g., deductions for taxes).
By subscribing to the Seneca platform, the customer agrees to these payment terms and acknowledges their responsibility to maintain timely payments to ensure uninterrupted access to the services.
The customer acknowledges that the company may make changes to the services at any time and without prior notice. While the company is not obligated to provide notice, reasonable efforts will be made to inform the customer about significant changes.
The company also reserves the right to modify these terms and conditions. In the event of any changes, the company will make reasonable efforts to notify the customer, typically via email or platform notifications.
By using the services, the customer agrees to receive emails from the company regarding updates to the services, including new features, enhancements, or changes to the platform.
If the customer prefers not to receive these updates, they may unsubscribe by following the “unsubscribe” link included in the emails. However, the customer acknowledges that unsubscribing may result in missing important notifications about service updates that could directly benefit their organization.
By using the Seneca platform, the customer agrees to the following responsibilities and security obligations:
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Registration and access:
The customer must register with Seneca to gain access to the system. Login credentials and account details must not be shared with others under any circumstances.
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Prohibited activities:
The customer agrees not to engage in any activity that could harm or compromise the platform, including but not limited to:
- attempting to circumvent or manipulate system functionalities;
- using brute force attacks or other methods to gain unauthorized access;
- attempting to decrypt or misuse any data obtained through Seneca.
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Confidentiality of sensitive information:
The customer must not share login credentials, passwords, client codes, client links, or any sensitive information generated by Seneca with any unauthorized individuals.
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Responsibility for account security:
The customer is solely responsible for ensuring the security of their login credentials. The company bears no liability for any unauthorized use of login information.
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Account activity liability:
The customer is solely responsible for all activities conducted under their username. Any misuse of the account will be attributed to the customer, regardless of whether they directly performed the activity.
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Prevention of unauthorized access:
The customer must take all reasonable steps to prevent unauthorized access to or use of the services. In the event of unauthorized access or use, the customer is required to notify the company immediately.
By agreeing to these terms, the customer accepts full accountability for their use of the Seneca platform and commits to safeguarding the system’s security and integrity.
By using the Seneca platform, the customer agrees to the following terms regarding acceptable use, responsibilities, and limitations:
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Lawful use only:
The customer must not use the Seneca platform for any illegal or prohibited purposes. All usage must comply with applicable laws, regulations, and these terms of service.
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Rights and authorizations:
The customer warrants that they possess all necessary rights, licenses, authorizations, and consents to use the services, including, without limitation, rights related to user data and client data.
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Indemnification:
The customer agrees to indemnify and hold the company harmless from any and all losses, costs, liabilities, and expenses arising from:
- Violations of these terms of service;
- Issues related to customer data;
- Actions taken by the customer or their employees, contractors, or agents in connection with the services.
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Account usage and access:
The customer must not allow unauthorized users to access their account or exceed the number of users allowed under their paid subscription. Sharing accounts or permitting additional users without proper authorization is strictly prohibited.
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Platform monitoring:
The customer agrees that Seneca staff may monitor their usage of the platform to ensure compliance with these terms and assess authentication and performance. This monitoring will exclude access to sensitive client or user data.
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Unauthorized use:
Any unauthorized use of the services constitutes a violation of these terms of service and may breach applicable laws. Such violations could subject the customer or their staff to civil or criminal penalties.
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Service availability:
While the company strives to provide 24/7 availability, the customer acknowledges that uninterrupted access cannot be guaranteed. Unscheduled maintenance may occur, and the company will make reasonable efforts to notify the customer in advance and schedule such maintenance outside of business hours whenever possible.
By agreeing to these terms, the customer acknowledges their responsibilities and the limitations of the Seneca platform, ensuring a secure and lawful use of the services.
Either party may terminate the contract in the event of a breach of these terms and conditions. The following outlines the specific circumstances under which the company may terminate the contract with immediate effect by providing written notice to the customer:
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Non-payment:
If the customer fails to pay any amount due on the payment date and remains in default for more than 30 days after receiving written notice to make the payment.
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Financial instability:
If the customer suspends or threatens to suspend the payment of debts, or is unable to pay debts as they fall due.
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Business cessation:
If the customer suspends, ceases, or threatens to suspend or cease carrying on all or a substantial part of their business operations.
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Legal enforcement:
If a court order or legal requirement necessitates termination of the contract.
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Breach of contract:
If the customer commits a material breach of this contract or any of the terms outlined in these terms and conditions.
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Abusive conduct:
If the customer or their representatives exhibit abusive, hostile, or unfriendly behavior toward the company or its staff.
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Harmful actions:
If the customer engages in abusive use of the Seneca platform, attacks the system, or causes harm to the company’s operations, systems, or reputation.
Termination under these circumstances will be effective immediately upon the company’s written notice. By agreeing to these terms, the customer acknowledges their obligations and accepts the company’s right to terminate the contract under the conditions described above.
The following terms outline the process and implications of account cancellation on the Seneca platform:
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Cancellation process:
The customer must email Seneca to request the cancellation of their account. Cancellations can be initiated by the customer at any time.
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Data deletion and backup provisions:
Subject to the provisions regarding backups, all customer content and data will be deleted 60 days after the account is canceled or terminated. This deletion is irreversible. Before deletion, the company will provide the customer with all data held (both client and customer data) in Google Doc format.
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Account suspension and termination:
Accounts may be suspended for up to 60 days. After this period, the company reserves the right to terminate the account permanently. The company is not responsible for any losses the customer may incur as a result of such suspension or termination.
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No refunds for early cancellation:
If the account is canceled before the end of the current month, there will be no refund. The account will remain active until the last day of the current month at 23:59.
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Company discretion:
The company reserves the sole discretion to suspend or terminate a customer account and to refuse any current or future use of the services, for any reason and at any time.
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Right to refuse service:
The company reserves the right to refuse service to anyone, for any reason, at any time.
By using the Seneca platform, the customer acknowledges and agrees to these cancellation terms and the company’s rights as outlined above.
Nothing in these terms limits or excludes any liability that cannot legally be limited, including but not limited to liability for:
- Death or personal injury caused by negligence;
- Fraud or fraudulent misrepresentation; and
- Breach of the terms
In all other cases, the company’s total liability to the customer shall not exceed the equivalent of three months’ fees paid by the customer. This total liability includes liability arising from contract, tort (including negligence), breach of statutory duty, or otherwise, under or in connection with the contract.
Except as expressly stated above, the company shall not be liable under any circumstances for any losses or damages suffered by the customer (or any person acting under or through the customer), whether direct, indirect, immediate, or consequential, including but not limited to loss of profits, loss of anticipated savings, loss of business opportunities, loss of goodwill or loss or corruption of data
The customer agrees that, in entering into the contract, they did not rely on any representations (whether written or oral) other than those expressly set out in the contract or these terms of service. If the customer relied on any representations not expressly included, they agree that no remedy shall be available, and the company shall have no liability.
The company will not be liable for any losses or damages arising from a force majeure event, including events beyond the company’s reasonable control, such as natural disasters, acts of government, or technical failures.
The company and its suppliers make no warranties or representations regarding the services, including but not limited to the following:
- The customer’s use of the services will be uninterrupted, error-free, or secure.
- The results that may be obtained from using the services will meet the customer’s expectations or requirements.
- The security of the services or any content accessed through the services.
The company is not responsible for any delays, delivery failures, or losses or damages resulting from the transfer of data over communications networks and facilities, including the internet. The customer acknowledges that the services may be subject to limitations, delays, and other issues inherent in the use of such communication facilities.
The customer understands and agrees that the services are provided ‘as is’ and, to the extent permitted by law, the company disclaims all warranties or representations of any kind, express or implied. This includes, but is not limited to, any implied warranties of merchantability or fitness for a particular purpose.
The customer’s use of the services is at their sole risk. The customer is solely responsible for any damage, loss, or issues arising from their use of the services. The entire risk related to the use, security, or performance of the services remains with the customer.
If there is any loss or damage to the customer’s data, the customer’s sole and exclusive remedy will be for the company to use reasonable commercial endeavours to restore the lost or damaged data from the latest backup maintained by the company or its hosting partner.
The following outlines the ownership and use of intellectual property and data within the Seneca platform:
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Ownership of customer data:
The company claims no intellectual property rights over the data or other materials provided by the customer to the services. The customer retains full ownership of their data.
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Use of customer data:
The company will not use customer data for marketing purposes or for statistical analysis in any way.
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Ownership of the services:
The customer acknowledges that the company owns all rights, title, and interest in and to the services, including without limitation all intellectual property rights. The customer has no rights in or to the software or the services other than the right to use them in accordance with the terms of the contract.
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Prohibited actions:
The customer agrees not to copy, reproduce, alter, modify, or create derivative works from the services in any way.
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Software rights:
The customer acknowledges that all intellectual property rights in the software, including any maintenance releases, belong to the company or the relevant third-party owners and will remain so.
By using the Seneca platform, the customer agrees to respect the company’s intellectual property and adhere to the terms outlined in this section.
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Assignment:
The rights granted under these terms of service are exclusive to the customer. The customer may not assign or transfer these rights, or their access to the services, to any other person or organization.
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Waiver:
If either party fails or delays exercising any right or remedy under the contract or these terms of service, this does not mean they waive their right to exercise it in the future. Partial or single use of a right or remedy does not prevent further exercise of that right or remedy.
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Remedies:
The rights and remedies outlined in these terms of service are additional to, and not exclusive of, any rights or remedies available under law.
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Severance:
If any provision of the contract or these terms of service is found to be invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to become valid, legal, and enforceable. If modification is not possible, the invalid provision will be removed, and the remaining provisions will continue in full force. The parties will negotiate in good faith to replace the invalid provision with one that achieves a similar commercial result.
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Third-party rights:
Only the parties to the contract have rights under these terms of service. No third party shall have any rights to enforce any term of the contract under the Contracts (Rights of Third Parties) Act 1999, except for rights or remedies available outside the act.
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No partnership or agency:
These terms do not establish any partnership, joint venture, or agency relationship between the parties. No party may act on behalf of or make commitments for another party. The customer confirms they are acting on their own behalf and not for the benefit of any other person.
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Force majeure:
Neither party shall be liable for delays or failure to perform their obligations under these terms of service if such delays or failures are caused by circumstances beyond their reasonable control (force majeure event). In such cases, the time for performance will be extended by the period of delay.
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Governing law and jurisdiction:
These terms of service and the contract are governed by the laws of England and Wales. The parties agree that any disputes arising under or in connection with these terms of service will be subject to the exclusive jurisdiction of the courts of England and Wales.