Counsellor Participation & Professional Agreement

About This Agreement

This agreement is between Mindspace and you as a registered counsellor or mental health professional on the platform. By registering as a counsellor on Mindspace, you agree to all terms stated here.

This is not a consent form. This is a professional participation agreement governing your role, responsibilities, access rights, and obligations on the Mindspace platform.

Section 1 — Eligibility to Register as a Counsellor

To register and practice on Mindspace, you must:

• Hold a recognised qualification in psychology, psychiatry, counselling, social work, or a related mental health discipline
• Be registered with a recognised professional body (RCI, IPS, NIMHANS, or equivalent)
• Hold a valid practising certificate at the time of registration
• Be 21 years of age or older
• Not be subject to any current suspension, inquiry, or disciplinary action by a professional body
• Agree to maintain your registration and notify Mindspace immediately if your registration lapses or is suspended

Mindspace reserves the right to verify your credentials independently and to decline or revoke registration if credentials cannot be verified.

Section 2 — Your Role on the Platform

As a Mindspace counsellor, you may be called upon in two situations:

2.1 Crisis escalation — When the Mindspace AI flags a patient as high risk based on voice, text, or facial expression analysis, you may be connected to that patient in real time for immediate support. This is a time-sensitive situation requiring prompt response.

2.2 General counselling sessions — Patients may request to speak with a counsellor as part of their regular use of the platform, even when no crisis is detected. These are scheduled or on-demand sessions within the platform.

In both cases, your role is to provide professional mental health support within your scope of practice and in accordance with the Mental Healthcare Act 2017 and the ethical guidelines of your registered professional body.

Section 3 — Patient Data You Will Access

When a patient is referred to you on Mindspace, you will be given access to:

• The patient's screening result summary (condition indicators and confidence scores)
• Risk level flagged by the system (Low / Moderate / High / Critical)
• Session notes from the current interaction
• Any previous session summaries the patient has consented to share with you

You will NOT have access to:

• Raw audio recordings of the patient
• Raw video or images of the patient
• The patient's full personal details unless they have explicitly consented to share them with you
• Any data from sessions the patient has not consented to share

All patient data shared with you remains governed by the DPDP Act 2023. You are bound by the same data protection obligations as the platform itself.

Section 4 — Confidentiality Obligations

All patient information shared with you through Mindspace is strictly confidential.

• You may not share, discuss, or disclose patient information with any third party outside the platform without the patient's explicit written consent.
• You may not use patient information for research, publication, or training purposes without separate ethics approval and patient consent.
• Confidentiality continues to apply after your engagement with the platform ends.

Exceptions — when you may breach confidentiality:

Consistent with the Mental Healthcare Act 2017 and established professional ethics, confidentiality may be breached only when:

• There is immediate risk to the life of the patient or another person
• You are legally compelled by a court order
• The patient is a minor and safeguarding concerns require disclosure to a guardian or authority

In all such cases, you must document your decision and reasoning, inform the patient where safely possible, and notify the Mindspace platform immediately.

Section 5 — Crisis Escalation Responsibilities

When a patient is referred to you as a high-risk or critical case, you are required to:

• Respond within the platform's defined response window
• Conduct an immediate safety assessment
• Follow standard suicide risk assessment protocols (e.g. Columbia Protocol or equivalent)
• Provide appropriate crisis intervention within your scope of practice
• Refer the patient to emergency services (112) or Tele-MANAS (14416) when the situation requires it
• Document the session outcome and actions taken within the platform
• Notify the Mindspace platform administrator of any case where emergency services were contacted

You must not disconnect from a crisis session without ensuring the patient is either stabilised, connected to another professional, or referred to emergency services.

Section 6 — Your Professional Obligations

By registering on Mindspace, you confirm that you will:

• Practice only within your scope of training and qualification
• Not provide services that require a higher level of qualification than you hold
• Maintain appropriate professional indemnity insurance
• Follow the ethical guidelines of your registered professional body at all times
• Participate in mandatory platform orientation before taking on any cases
• Complete regular platform reviews and audit processes
• Promptly notify Mindspace of any change to your registration status, qualification, or fitness to practice

Section 7 — AI-Assisted Screening — What You Must Understand

Mindspace uses AI to screen patients before they reach you. You must understand and accept the following:

• The AI screening result is a pattern indicator only, not a clinical assessment
• The AI can produce inaccurate results — both false positives and false negatives
• A patient referred to you as high risk may not meet clinical criteria for that risk level
• A patient not flagged by the AI may still present with significant clinical need
• You must conduct your own independent clinical assessment of every patient
• You must never rely solely on the AI result as a substitute for your professional judgement
• Your clinical assessment takes precedence over the AI result at all times

Section 8 — Data You Generate on the Platform

Session notes, assessments, and documentation you create during Mindspace counselling sessions:

• Are stored securely on the platform encrypted with AES-256
• Are accessible to the patient (they have the right to access their own records)
• May be accessed by Mindspace administrators for quality assurance and platform audit purposes
• Will be retained for a period of 5 years in line with standard clinical record-keeping requirements
• Will not be shared with any third party without appropriate consent

Section 9 — Your Rights as a Counsellor on the Platform

• You have the right to decline a referral if you are not available or if the case is outside your scope of practice — provided you notify the platform promptly so another counsellor can be assigned
• You have the right to access your own session records and notes at any time
• You have the right to raise concerns about platform practices with the Mindspace Clinical Governance team
• You have the right to withdraw from the platform at any time by providing 14 days written notice, subject to completing any active cases
• You have the right to request review of any decision made about your account or registration status

Section 10 — Platform Rules and Prohibited Conduct

As a registered counsellor on Mindspace, you must not:

• Establish a private financial relationship with a patient met through the platform
• Continue to see a patient outside Mindspace without declaring this to the platform and obtaining appropriate consent
• Provide services under the influence of alcohol or any substance
• Make any diagnostic claims based solely on AI screening results
• Record sessions outside of the platform's built-in recording function
• Share your platform login credentials with any other person
• Misrepresent your qualifications, experience, or registration status

Violation of any of the above may result in immediate suspension and referral to your professional body.

Section 11 — Fees and Remuneration

If you are a paid counsellor on the platform:

• Fees will be agreed separately in your individual service agreement
• Payments are processed through the platform and are subject to applicable taxes
• Non-payment disputes must be raised within 30 days of the relevant session

If you are a volunteer counsellor:

• You confirm that you are participating voluntarily and without expectation of payment
• You retain full professional rights and obligations as described in this agreement

Section 12 — Indemnity and Liability

Mindspace is a technology platform. It is not a healthcare provider and does not hold clinical liability for patient outcomes.

As a registered professional, you hold full clinical and professional liability for the advice, assessment, and interventions you provide to patients through the platform.

Mindspace is not liable for any clinical error, missed diagnosis, or adverse patient outcome resulting from a counselling session conducted on the platform.

You indemnify Mindspace against any claim arising from your professional conduct on the platform.

Section 13 — Termination

Mindspace may suspend or terminate your registration on the platform if:

• Your professional registration lapses or is suspended
• You are found to have violated any term of this agreement
• A patient complaint is upheld against you following investigation
• You are subject to disciplinary action by your professional body
• You fail to meet minimum response standards for crisis escalations

You will be given notice and an opportunity to respond before termination, except in cases involving immediate patient safety risk.

Section 14 — Governing Law and Disputes

This agreement is governed by the laws of India, including:

• Mental Healthcare Act 2017
• Digital Personal Data Protection (DPDP) Act 2023
• Information Technology Act 2000

Disputes will first be addressed through internal resolution. Unresolved disputes will be referred to arbitration under the Arbitration and Conciliation Act 1996.

Section 15 — Contact

• Clinical Governance: clinical@mindspace.in
• Data Protection Officer: dpo@mindspace.in
• Counsellor Support: counsellors@mindspace.in
• Emergency escalation line: Available inside the platform dashboard