Terms and Conditions

1. INTRODUCTION

1.1. The Emotist application (“App”) is owned and operated by UBERMENSCHEN TECH COLLECTIVE PVT LTD, a company registered with the Registrar of Companies (ROC) under Registration Number 085188 and Corporate Identification Number (CIN) U62013KL2023PTC085188. The registered office is located at 4/461, Second Floor, Valamkottil Towers, Thrikkakara, Ernakulam, Kerala, India, 682021.

1.2. For the purposes of these Terms, “Practitioner” means any licensed or certified mental health professional providing services via the App. “Client” means any individual receiving such services. “Services” means mental health consultations, therapy, or counselling delivered through the Emotist platform.

1.3. Emotist acts only as a facilitator of communication between clients and practitioners. Emotist does not provide mental health or medical services, and all responsibility for services rests with the Practitioner.

• 1.4. By using the Emotist app, you represent and warrant that: (a) you are at least 18 years old; (b) you hold a valid professional license to practice mental health services in your jurisdiction; (c) you have no prior record of professional misconduct, criminal offense, or disciplinary action that would disqualify you from offering such services; and (d) all information provided regarding your qualifications, experience, and credentials is accurate and up to date.
• You agree to promptly update your information if there are any changes in your licensing or professional status.

2. SCOPE OF SERVICES

• 2.1. Emotist provides a platform to connect mental health practitioners with clients seeking consultations through built-in tools within the App.
• 2.2. Emotist serves solely as an intermediary between clients and practitioners and does not provide medical services itself. Practitioners are solely responsible for the quality and accuracy of their advice.
• 2.3. Practitioners acknowledge that the provision of telehealth or remote counselling services may be subject to different legal and professional standards in the jurisdictions of both the Practitioner and the Client. Practitioners are solely responsible for ensuring compliance with all such applicable laws before providing services.
• 2.4. Practitioners acknowledge that they may be providing services to clients located outside India. It is the sole responsibility of the Practitioner to ensure compliance with the laws, licensing requirements, and professional standards applicable in the client’s jurisdiction. Emotist does not verify compliance with such international requirements and shall not be held liable for any violations arising from cross-border service delivery.
• 2.5. Practitioners will be assigned clients based on availability and request order. However, the App does not guarantee a minimum number of clients.
• 2.6. Independent Contractor Status: Practitioners acknowledge they are independent contractors and not employees, agents, or representatives of Emotist. Nothing in these Terms creates an employment, partnership, or joint venture relationship.

3. PRACTITIONER OBLIGATIONS

• 3.1. Professional Conduct: Practitioners must adhere to ethical and professional standards and must not engage in any form of harassment, discrimination, or harm toward clients, developers, or other users. Practitioners must maintain professional boundaries in all interactions conducted through the platform.
• 3.2. Data Accuracy: Practitioners must provide truthful and accurate information regarding their qualifications, experience, and treatment approaches. Any misrepresentation, whether intentional or due to negligence, may result in corrective action, including suspension or removal from the platform.
• 3.3. Confidentiality & Data Protection: Practitioners must maintain strict confidentiality of client data in compliance with applicable data protection laws (Information Technology Act 2000, Mental Healthcare Act 2017, National Mental Health Policy 2014, Telemedicine Practice Guidelines of India 2020, Professional Practice Guidelines Related to Telepsychiatry, Tele Clinical Psychology, Tele Social Work, and Tele Nursing). Practitioners must implement reasonable security measures to protect client data and report any breaches in accordance with applicable laws. Practitioners are responsible for obtaining informed consent from clients before consultations and for ensuring that clients understand the nature and limitations of teleconsultation services. Practitioners must promptly notify Emotist of any actual or suspected unauthorized access, data breach, or loss of client data within 24 hours of becoming aware of such incident, and cooperate fully in any investigation or remediation.
• 3.4. Medical Responsibility: Since the platform does not verify medical history independently, Practitioners must exercise professional judgment when providing consultations. The App is not responsible for incorrect treatment outcomes resulting from inaccurate or incomplete information provided by users. Practitioners must not prescribe medications or treatments beyond the scope of their professional expertise and jurisdictional regulations.
• 3.5. Compliance with Licensing Requirements: Practitioners must hold valid professional licenses and comply with all applicable regulatory requirements in their jurisdiction. Any changes in licensing status must be reported immediately to the App. The App reserves the right to verify licensing documents periodically and may take action, including suspension or termination of platform access, if licensing compliance is not maintained.
• 3.6. Identity & Credential Verification: Practitioners agree to provide valid identification, professional license, and certifications for verification before being granted access to the platform. Emotist reserves the right to verify these documents periodically.
• 3.7. Violations & Enforcement: Failure to comply with these obligations may result in corrective actions, including warnings, suspension, or permanent removal from the platform. In cases of severe violations, the App reserves the right to report practitioners to relevant regulatory authorities.
• 3.8. Client Solicitation: Emotist reserves the right to refuse, suspend, or terminate access to the platform for any mental health professional engaging in client solicitation outside the platform or through manipulative tactics. Any attempt to solicit clients away from Emotist constitutes malicious intent and a breach of professional conduct, and may result in reporting to relevant licensing authorities.
• 3.9. Practitioners shall not: (a) record sessions without explicit consent from the client; (b) share client information via unencrypted channels; (c) use Emotist’s platform for promotional activities, solicitation, or any purpose other than providing mental health services.
• 3.10. Practitioners must confirm that clients have accepted the consent agreement and provide additional explanation where required.
• 3.11. Session Recording Policy: Sessions may only be recorded with explicit written consent from both Practitioner and Client. Any recordings must be stored securely and deleted after the legally required retention period.
• 3.12. Platform Communication Restriction: All communications with clients must be conducted exclusively through the Emotist platform unless otherwise authorized in writing. Sharing personal contact details for off-platform engagement is strictly prohibited.
• 3.13. Practitioners must maintain session notes, records, and communications in accordance with applicable professional and legal requirements. These records must be retained for the minimum period required by law or professional guidelines. Practitioners are responsible for the secure storage and disposal of client records.

4. PAYMENTS & COMPENSATION

• 4.1. Practitioners are compensated based on an agreed commission structure, which is detailed separately in a fee schedule available within the App.
• 4.2. Payments are processed securely via Razorpay or other authorized payment gateways within 30 days.
• 4.3. The App is not responsible for payment failures due to third-party gateway issues or errors beyond its control.
• 4.4. In case of termination, Practitioners will receive outstanding payments for completed sessions within the last payment cycle, subject to any pending deductions for disputes or refunds.
• 4.5. Refunds for services provided by Practitioners are not the responsibility of the App. Any disputes regarding service quality should first be reported to the App for mediation before escalation to legal action.

5. DISCLAIMERS & LIMITATION OF LIABILITY

• 5.1. The App provides services on an “as is” and “as available” basis without warranties of any kind.
• 5.2. The App does not guarantee uninterrupted service, availability of clients, or accuracy of client-provided information.
• 5.3. No Medical Liability: The App is not a medical device and does not provide medical diagnoses. Practitioners are responsible for their professional advice and should recommend in-person consultations where necessary.
• 5.4. The App is not liable for indirect, incidental, or consequential damages, including but not limited to loss of business, data, or personal well-being. In no event shall Emotist’s aggregate liability arising out of or relating to these Terms exceed the total amount paid to you by Emotist in the three (3) months preceding the claim. Emotist shall not be liable for indirect, incidental, punitive, or consequential damages, including loss of profits, reputation, or business opportunities.
• 5.5. Security Disclaimer: While the App takes reasonable steps to ensure data security, it cannot guarantee absolute protection from data breaches, hacking, or unauthorized access.
• 5.6. Service Availability: Practitioners acknowledge that service interruptions may occur due to maintenance or technical failures, and the App is not liable for any resulting loss.

6. INTELLECTUAL PROPERTY RIGHTS

• 6.1. All content, logos, trademarks, and software within the App are owned by UBERMENSCHEN TECH COLLECTIVE PVT LTD or its licensors. Unauthorized use, reproduction, or distribution is prohibited.
• 6.2. Practitioners retain rights to their intellectual property, including therapy resources and session notes, unless otherwise agreed upon.

7. TERMINATION OF PRACTITIONER ACCOUNTS

• 7.1. The App reserves the right to suspend or terminate a Practitioner’s account for: violation of these Terms; misrepresentation of qualifications or services; ethical breaches, misconduct, or malpractice complaints.
• 7.2. Practitioners will receive a written warning and a 14-day correction period before termination unless the violation is severe.
• 7.3. Practitioners may appeal any termination decision within 14 days, providing supporting evidence. The App will respond within 30 days, and the decision after review will be final.
• 7.4. Upon termination, Emotist may retain Practitioner records and communications for the period required by applicable law or for legitimate business purposes, after which they will be securely deleted or anonymized.

8. INDEMNIFICATION

• 8.1. Practitioners agree to indemnify, defend, and hold harmless the App, its owners, affiliates, and employees from any claims, damages, liabilities, expenses, or legal costs incurred in defending against claims arising from: any professional advice or services rendered through the App; misuse or unauthorized disclosure of client information; any breach of these Terms.

9. MODIFICATIONS TO TERMS

• 9.1. These Terms may be updated from time to time. Practitioners will receive at least 14 days prior notice via email or in-app notifications before changes take effect. Continued use of the App after the effective date of the updated Terms constitutes acceptance of the modifications.
• 9A. Force Majeure: Emotist shall not be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to natural disasters, internet outages, technical failures, government actions, or pandemics.
• 9B. Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force.
• 9C. Entire Agreement: These Terms constitute the entire agreement between Emotist and the Practitioner regarding use of the App, superseding any prior agreements or understandings.
• 9D. Assignment: Practitioners may not assign or transfer their rights or obligations under these Terms without Emotist’s prior written consent. Emotist may assign or transfer its rights and obligations to any affiliate or successor entity.

10. DISPUTE RESOLUTION & GOVERNING LAW

• 10.1. These Terms are governed by the laws of India, without regard to conflict of law principles.
• 10.2. Any disputes shall first be resolved through good faith negotiations. If unresolved within 30 days, disputes will be submitted to binding arbitration under the Arbitration and Conciliation Act, 1996, conducted virtually unless both parties agree otherwise.
• 10.3. The costs of arbitration shall be shared equally unless the arbitrator decides otherwise. Arbitration decisions are final except for financial claims exceeding the threshold notified by Emotist, which may be appealed in a court of competent jurisdiction.

11. GRIEVANCE REDRESSAL

To address the grievances of the users, Emotist has set up a Grievance Redressal Forum. In case you are dissatisfied with any aspect of our Services, you may contact our Grievance Redressal Officer using the details below:

Name: Priyamvada Rajan

Designation: Chief Operating Officer

Email address: hello@emotist.com

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

We assure you a time bound solution not exceeding 30 days from the date of your complaint.

12. CONTACT INFORMATION

• Website: www.emotist.com
• Email: hello@emotist.com
• Address: 4/461, Second Floor, Valamkottil Towers, Judgemukku, Thrikkakara PO, Ernakulam, Kerala, India, 682021