Terms and Conditions

Nature of Our Services

Emotist is an online platform that facilitates the scheduling and delivery of therapy sessions between clients and independent practitioners. Emotist does not provide therapy services, diagnosis, or medical advice and is not responsible for the professional conduct or outcomes of any sessions. Emotist does not guarantee any specific therapeutic outcomes or improvements in mental health. Progress depends on individual circumstances and the client’s active participation.

User Eligibility

By using our Services, you consent to receive communications, records, and notices electronically. All documentation, including invoices, session records, and communications, will be stored digitally as per legal retention requirements.

• You must be at least 18 years old to use our Services.
• If you are under 18 and seeking services, you may do so only with the consent of a parent or legal guardian.
• By accessing the platform, you confirm that you meet these requirements.

User Responsibilities

• You agree to provide accurate and complete information when creating an account, booking sessions, and during therapy sessions.
• You shall not misuse the platform, including but not limited to harassment, solicitation, or engaging in any illegal or unethical activity.
• You are responsible for maintaining the confidentiality of your login details and for all activities under your account.

Practitioner Verification and Role of Emotist

• Practitioners self-declare their qualifications and credentials; Emotist conducts basic license verification where applicable but does not endorse or assume responsibility for the quality, legality, or reliability of their services.
• Emotist does not supervise, monitor, or endorse specific treatment approaches or methodologies.
• Any disputes arising between users and Practitioners must be resolved independently. Emotist may intervene solely at its discretion in cases of fraud prevention, policy enforcement, or legal compliance.

Medical Disclaimer

Emotist provides access to professional, evidence-based therapy through qualified mental health counselors, as well as general mental health content. While our counseling services are delivered by trained professionals, they are not suitable for crisis situations or medical emergencies.

Online therapy is not advisable if you are in acute distress. Emotist does not provide emergency services or real-time crisis intervention. We do not monitor user activity for crisis situations. If you are in immediate danger or need urgent help, you must contact local emergency services or a crisis helpline in your area.

Our educational content, including blog articles and psychosocial resources, is intended for general informational purposes only and should not be relied upon as a substitute for individualized clinical assessment or treatment.

A therapeutic relationship is established only when you engage in a formal counseling process with an Emotist professional. For urgent mental health concerns, medical emergencies, or issues beyond the scope of your Emotist sessions, please consult an appropriate licensed healthcare provider or seek emergency assistance.

Medication and Medical Treatment Disclaimer: Only qualified psychiatrists holding recognized medical degrees (MBBS, MD) are authorized to prescribe medication. Clinical Psychologists and Counselling Psychologists available on the Emotist platform do not prescribe medication and do not provide pharmacological treatment. Any requirement for medication, medical diagnosis, or modification of existing prescriptions must be addressed independently with a licensed psychiatrist or registered medical practitioner. Emotist does not provide medical care, emergency services, or psychiatric treatment and is not a substitute for professional medical services.

Payments and Fees

• Emotist facilitates transactions between users and Practitioners and will charge applicable service fees.
• Payments are processed through Razorpay. By making a payment, you agree to their terms and policies.
• Emotist is not liable for errors, delays, or losses resulting from third-party payment processing.

Intellectual Property & Content Usage

All content available on the Emotist website and app—including blog articles, text, graphics, videos, and other materials (“Content”)—is provided for general awareness and educational purposes only. It is not intended to replace professional mental health advice, diagnosis, or treatment.

Emotist Healthcare Private Limited retains all rights, including copyright, to original Content on the platform. Any third-party content remains the property of its respective owners, and Emotist does not claim ownership over such content.

You may not copy, reproduce, distribute, republish, upload, post, or transmit any part of the Content in any form without prior written permission from Emotist Healthcare Private Limited.

Prohibited Conduct

Users may not:

• Engage in fraudulent activities, misrepresentation, spamming, harassment, or any form of illegal conduct on the platform.
• Share content that is false, misleading, harmful, or offensive through messages or any other means on the platform.
• Attempt unauthorized access, hacking, or interfere with the platform’s operations.
• Violate any applicable laws, regulations, or ethical standards, including but not limited to the Mental Healthcare Act, 2017 (India) and the Information Technology Act, 2000 (India), as well as any other relevant laws governing mental health services and online platforms.
• Engage in any behavior that disrupts the platform’s integrity or harms other users.

User Account and Security

• Users are responsible for maintaining the confidentiality of their account credentials.
• Any unauthorized access or security breaches must be reported to the admin immediately.
• Emotist reserves the right to suspend or terminate accounts found in violation of these Terms.

Data Security and User Protection

• We implement reasonable technical and organizational measures to protect your data. However, you acknowledge that no online system is completely secure.
• We comply with data protection laws, including the Information Technology Act, 2000 (India). For more details, refer to our Privacy Policy.
• Emotist collects and processes your personal information solely for providing services and as required by applicable laws.
• We retain your personal data and session-related information for the duration necessary to provide our Services and as required by law, which may range from 3 to 7 years.

Data Protection and Privacy

• Emotist Healthcare Private Limited acts as the Data Controller for personal data processed through the platform.
• We process personal and sensitive personal data, including mental health information, in accordance with applicable Indian data protection laws and, where applicable, the General Data Protection Regulation (GDPR).
• Our data processing practices are governed by our Privacy Policy, which forms an integral part of these Terms.
• By using the platform, you acknowledge that you have read and understood our Privacy Policy. Where required by law, your explicit consent for processing sensitive personal data is obtained separately and may be withdrawn at any time.

Refunds and Cancellations

• Users may request refunds within 30 days of the original transaction date via hello@emotist.com.
• Refund eligibility depends on the nature of the transaction and whether services have already been rendered.
• Refunds may be denied if the request falls outside the specified timeframe or violates Emotist’s policies.
• Refunds will be processed through Razorpay where applicable.
• Specific refund conditions are outlined in our Cancellation, Rescheduling & Refund Policy.

Service Availability and Maintenance

Emotist may conduct periodic maintenance that could affect access to the platform. We strive to minimize downtime and will notify users of planned maintenance whenever possible.

Dispute Resolution

Users experiencing issues with Practitioners should first attempt to resolve disputes directly. Emotist will review complaints within 4–7 business days and may facilitate communication but does not enforce resolutions.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EMOTIST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. EMOTIST’S LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO EMOTIST IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Termination and Suspension

Emotist may suspend or terminate accounts for violations of these Terms. Upon termination, user data may be retained for 3–7 years as required by law.

Governing Law & Jurisdiction

These Terms are governed by the laws of India. Disputes shall be resolved through mediation, arbitration, or courts located in Kochi, Kerala, India.

Indemnification

Users agree to indemnify Emotist against claims arising from violations of these Terms, interactions with practitioners, or unauthorized use of the platform.

Third-Party Links and Services

Emotist is not responsible for third-party services, content, or practices.

Force Majeure

Emotist shall not be liable for service disruptions due to events beyond its control.

Amendments

Emotist may update these Terms with prior notice. Continued use implies acceptance.

Grievance Redressal

Users may contact the Grievance Redressal Officer at hello@emotist.com. Complaints are acknowledged within 48 hours and resolved within 30 days.

Contact Information

Registered Address: 4/461, Second Floor, Valamkottil Towers, Judgemukku, Thrikkakara PO, Ernakulam, Kerala, India, 682021

Email: hello@emotist.com

Emotist is a product of Ubermenschen Tech Collective Private Ltd.