Terms and Conditions

Effective Date: 9 April 2025

Welcome to Emotist!

These Terms and Conditions (“Terms”) govern your access to and use of Emotist’s platform and services (“Services”). By using our Services, you agree to comply with these Terms. If you do not agree, please discontinue use immediately.

1. Nature of Our Services

Emotist operates as an intermediary platform connecting users with independent mental health practitioners, including contractors and consultants (“Practitioners”) offering professional services. We do not provide direct services but facilitate interactions between users and Practitioners. Emotist does not employ or supervise Practitioners and is not responsible for the quality, legality, or effectiveness of their services.

2. User Eligibility

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.

3. User Responsibilities

You must provide accurate and up-to-date information when registering.
You must not misuse, manipulate, or exploit the Services for unlawful purposes.
You acknowledge that interactions with Practitioners are at your own risk and discretion.

4. 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.

5. 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. If you are feeling suicidal, at risk of self-harm, or in crisis, please contact your nearest hospital or local emergency services immediately.
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.

6. 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.

7. 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.

8. 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 central, state, or local laws that govern mental health services and online platform.
Engage in any behavior that disrupts the platform’s integrity or harms other users.

9. 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.

10. Data Security and User Protection

Emotist implements industry-standard security measures to protect user data.
While we strive for security, absolute protection against breaches cannot be guaranteed.
We comply with data protection laws, including the Information Technology Act 2000 (India). For more details, refer to our Privacy Policy.

11. 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.
Specific refund conditions and processing times are outlined in our [Cancellation, Rescheduling and Refund Policy].

12. 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.

13. Dispute Resolution

Users experiencing issues with Practitioners should first attempt to resolve the dispute directly with the Practitioners. If a resolution cannot be reached, users may submit a complaint through our support system. Emotist will review complaints within 4-7 business days and may offer guidance or facilitate communication. Emotist does not have the authority to enforce resolutions but may intervene in cases of policy violations or fraudulent activity.

14. Intellectual Property

All content, branding, and technology on the platform are owned by Emotist or its licensors. You may not copy, reproduce, or distribute platform content without explicit authorization.

15. 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 ARISING FROM YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION. EMOTIST’S LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO EMOTIST (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. WE DO NOT GUARANTEE UNINTERRUPTED ACCESS TO THE PLATFORM OR ITS SERVICES.

16. Termination and Suspension

Emotist reserves the right to suspend or terminate your account if you violate these Terms. Users may discontinue use of our Services at any time. Upon termination, your access to the platform will be revoked, and your data may be (check how long it will be retained after deleting the account) as per our Privacy Policy.

17. Governing Law & Dispute Resolution

These Terms are governed by the laws of India. In the event of a dispute, users agree to first attempt resolution through mediation. If mediation fails, the dispute shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996. If arbitration does not lead to a resolution, the matter will be settled in the courts of Kerala, which shall have exclusive jurisdiction.

18. Indemnification

Users agree to indemnify and hold Emotist harmless from any claims, losses, damages, or expenses arising from:

Violation of these Terms.
Any interactions with practitioners.
Unauthorized use of the platform.

19. Third-Party Links and Services

Emotist may offer links to third-party resources for user convenience. However, we do not own, control, or endorse these services and are not responsible for their content, policies, or practices.

20. Force Majeure

Emotist is not responsible for service disruptions due to events beyond our control, including natural disasters, cyberattacks, or government actions.

21. Amendments

Emotist may update these Terms at any time, and users will be notified at least 7 days in advance of significant changes. Continued use of our platform after updates implies acceptance of the revised Terms.

22. 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, Jewel Kurian, at hello@emotist.com. We assure you a time bound solution not exceeding one month from the date of your complaint.

23. Contact Information

Registered Address: 4/461, Second Floor, Valamkottil Towers, Judgemukku, Thrikkakara PO, Ernakulam, Thrikkakara, Ernakulam, Kerala, India, 682 021

E-mail: hello@emotist.com

By using Emotist, you acknowledge that you have read and agreed to these Terms and Conditions.

Effective Date: 15 April 2025

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, Thrikkakaram Ernakulam, Kerala, India, 680 021.
1.2 These Terms and Conditions (“Terms”) govern the use of the App and its services by mental health practitioners (“Practitioners” or “You”). By accessing and using the App, you agree to be bound by these terms. If you do not agree, please discontinue using the app immediately.

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 itself provide medical services. Practitioners are solely responsible for the quality and accuracy of their advice.

2.3 Practitioners will be assigned clients based on availability and request order. However, the App does not guarantee a minimum number of clients.

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.
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. 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.

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.
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

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.

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 ₹[Insert Amount], 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. Please contact our Grievance Redressal Officer using the details below:
Name:
Designation:
Email address: hello@emotist.com.
Postal address: 4/461, Second Floor, Valamkottil Towers, Judgemukku, Thrikkakara PO, Ernakulam, Thrikkakara, Ernakulam, Kerala, India, 682021
We assure you a time bound solution not exceeding 30 days from the date of your complaint.

12. CONTACT INFORMATION
For any concerns, you may contact us at:
Website: www.emotist.com
Email: hello@emotist.com
Address: 4/461, Second Floor, Valamkottil Towers, Judgemukku, Thrikkakara PO, Ernakulam, Thrikkakara, Ernakulam, Kerala, India, 682 021