Terms of Service

Last updated: December 7, 2025

1. Agreement to Terms

By accessing or using Emotral (the "Platform"), operated by AfaTech GmbH, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Platform.

2. Platform Description

Emotral is an online marketplace connecting clients seeking therapy services with licensed therapists. We are a technology platform and do not provide therapy services directly.

⚠️ Important Disclaimers:

  • We are not a healthcare provider
  • Our Platform is not for emergency mental health situations
  • In case of emergency, contact local emergency services immediately
  • We do not verify, endorse, or guarantee the quality of therapist services

3. Eligibility

To use our Platform, you must:

  • Be at least 16 years old (or have parental/guardian consent)
  • Have the legal capacity to enter into binding contracts
  • Provide accurate and complete registration information
  • Comply with all applicable laws in your jurisdiction

4. Account Registration

4.1 For Clients

  • Provide accurate personal and contact information
  • Maintain confidentiality of your account credentials
  • Notify us immediately of unauthorized account access
  • You are responsible for all activities under your account

4.2 For Therapists

In addition to the above, therapists must:

  • Hold valid, current professional licenses in good standing
  • Provide proof of professional liability insurance
  • Comply with all applicable healthcare regulations
  • Maintain professional standards and ethics
  • Update credentials and insurance documentation annually

5. Services & Bookings

5.1 Booking Process

  • Clients can browse therapist profiles and book sessions
  • Bookings are subject to therapist availability and acceptance
  • Payment must be completed before session confirmation
  • Session times are displayed in the user's local timezone

5.2 Cancellation Policy

Cancellation Rules:

  • 24+ hours before session: Full refund minus processing fees
  • Less than 24 hours: No refund (therapist discretion)
  • No-show: No refund
  • Therapist cancellation: Full refund

5.3 Therapist-Client Relationship

The therapeutic relationship is directly between the client and therapist. AfaTech GmbH is not party to this relationship and is not liable for the quality, safety, or outcome of therapy services.

6. Payments & Fees

6.1 Platform Fees

  • Clients pay the full session price set by the therapist
  • Platform fee: 15% of gross booking amount
  • Platform fee is deducted from therapist earnings
  • All prices include applicable VAT/sales tax where required

6.2 Payment Processing

  • Payments are processed securely through Stripe
  • We do not store full credit card information
  • Currency conversion fees may apply for international payments
  • Refunds are processed to the original payment method within 5-10 business days

6.3 Therapist Payouts

  • Therapists receive 85% of gross booking amount (100% - 15% platform fee)
  • Payouts are processed [SPECIFY SCHEDULE: e.g., weekly, bi-weekly]
  • Minimum payout threshold: €[SPECIFY AMOUNT]
  • Payouts are subject to session completion and no disputes

7. User Conduct

Users agree NOT to:

  • Use the Platform for illegal purposes or violate laws
  • Impersonate others or provide false information
  • Harass, abuse, or harm other users
  • Circumvent the Platform to avoid fees
  • Share account credentials or transfer accounts
  • Scrape, mine, or extract data from the Platform
  • Upload malicious code or interfere with Platform functionality
  • Post inappropriate, offensive, or illegal content

8. Intellectual Property

All Platform content, including text, graphics, logos, software, and design, is owned by AfaTech GmbH or licensed to us and protected by copyright, trademark, and other intellectual property laws.

  • You may not copy, reproduce, or distribute Platform content without permission
  • User-generated content (profiles, reviews) remains your property
  • You grant us a license to use your content for Platform operations

9. Privacy & Data Protection

Your use of the Platform is also governed by our Privacy Policy. We comply with GDPR and Austrian data protection laws.

10. Disclaimers & Limitations

⚠️ PLATFORM PROVIDED "AS IS"

We make no warranties or representations about the accuracy, reliability, completeness, or timeliness of the Platform or its content. Use at your own risk.

10.1 No Medical Advice

The Platform does not provide medical advice, diagnosis, or treatment. Content is for informational purposes only. Always consult qualified healthcare professionals for medical concerns.

10.2 Therapist Independence

Therapists are independent professionals, not employees or agents of AfaTech GmbH. We do not control or supervise therapy services and are not responsible for therapist actions, omissions, or professional conduct.

10.3 No Guarantees

We do not guarantee:

  • Therapy outcomes or results
  • Therapist availability or response times
  • Uninterrupted or error-free Platform operation
  • Compatibility with all devices or browsers

11. Liability Limitations

To the maximum extent permitted by law, AfaTech GmbH and its officers, directors, employees, and agents shall not be liable for:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Personal injury or property damage arising from Platform use
  • Actions or omissions of therapists or other users
  • Unauthorized access to or alteration of your data

Maximum Liability: In no event shall our total liability exceed the amount paid by you to us in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless AfaTech GmbH from any claims, liabilities, damages, losses, costs, or expenses arising from:

  • Your use of the Platform
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your content or conduct on the Platform

13. Termination

13.1 By You

You may terminate your account at any time through account settings or by contacting us.

13.2 By Us

We may suspend or terminate your account immediately, without notice, for:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Abusive behavior toward other users or staff
  • Non-payment of fees
  • Therapist license expiration or revocation

13.3 Effect of Termination

  • Access to the Platform will be immediately revoked
  • Outstanding payments remain due
  • Completed bookings and financial obligations survive termination
  • Your data will be handled per our Privacy Policy

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of Austria, without regard to conflict of law principles.

14.2 Jurisdiction

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Graz, Austria.

14.3 Informal Resolution

Before initiating formal proceedings, we encourage you to contact us at info@afatechco.com to attempt informal resolution.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or prominent Platform notice at least 30 days before taking effect.

Continued use of the Platform after changes constitutes acceptance of the updated Terms. If you do not agree to changes, you must discontinue use and terminate your account.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AfaTech GmbH.

16.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in effect.

16.3 Waiver

Failure to enforce any right or provision does not constitute a waiver of that right.

16.4 Assignment

You may not assign or transfer these Terms without our consent. We may assign these Terms freely.

16.5 Force Majeure

We are not liable for delays or failures due to causes beyond our reasonable control, including natural disasters, war, terrorism, pandemics, or infrastructure failures.

17. Contact Information

For questions about these Terms, contact us:

AfaTech GmbH

Brucknerstraße 78

8010 Graz, Austria

Firmenbuchnummer: FN 633728d

Email: info@afatechco.com

Phone: +43 680 336 8742

Document Version: 1.0

Effective Date: December 7, 2025

Governing Law: Austrian law

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