Last modified: April 29, 2021
TERMS OF SERVICE
By using our website, dashboard or mobile application, you agree to the following Terms of Service. If you do not agree to these terms, do not use our website or application. “ClientPRO”, “we”, “our”, “us”, “application”, “app”, “dashboard” and “website” all refer to Emmati Inc. The terms “you” and “your” refers to the professional members of our website or application.
1 USE OF THE APPLICATION OR DASHBOARD
Emmati Inc provides this application and dashboard version to allow Client PRO professional members (“member”) and their clients (“user”) to communicate through chat messages, voice and video calls, send images, videos and documents and access additional services (“Services”).
1.2. Professional advice
Emmati Inc is not responsible for any of the information, legal advice or health care provided through ClientPRO dashboard or application by its members. The information or services provided are not guaranteed to be correct, complete or up-to-date.
Our services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile phone, a fixed-line telephone, or other service.
1.3. Limited license
Subject to the Terms of Service of this Agreement, Emmati Inc grants you a limited, non-exclusive, terminable, personal license to install, run and use the end user software for this application only on an Approved Device. An “Approved Device” is either an Apple iOS Device that is running an unmodified Apple-approved operating system or an unrooted Android Device, which is any device running on an Android platform or using the Android operating system.
You acknowledge that the application contains Emmati Inc’s trade secrets, proprietary materials and information and you agree not to distribute, transfer or sublicense such software to any third person or entity, except as required by court order or applicable law. In order to protect Emmati Inc’s trade secrets, proprietary materials and information, you also agree not to decompile or reverse engineer the application or remove, alter or obscure any Emmati Inc proprietary notices or marks on or in the application.
1.4. Requires an Unmodified Operating System
This application is intended for use only on Approved Devices that are running an unmodified operating system. Using this application on devices that are running a modified operating system may undermine security features that are intended to protect your health information from unauthorized or unintended disclosure. You will materially breach these Terms of Service may compromise your personal information or the personal information of anyone that has given you access if you use this application on devices that have been modified or are otherwise not secure.
1.5. Physical Security
You acknowledge and agree that you are solely responsible for the physical security of your Approved Device. If you lose your Approved Device or if your Apple iOS Device is stolen, you agree to take appropriate actions to report the lost or stolen device to your mobile service carrier and to deauthorize your Apple iOS Device.
1.6. Revisions, changes and updates
We may revise the information on this application or otherwise change or update the application, including these Terms of Service, without notice to you. Emmati Inc may also make improvements and/or changes in products and/or services described on this application or add new features at any time without notice. We encourage you to periodically read these Terms of Service to see if there have been any changes to our policies that may affect you. Your continued use of the application will signify your continued agreement to these Terms of Service as they may be revised.
1.7. Third Party Applications
This application is integrated with third party applications and web sites (“Third Party Applications”) to make available content, products, and/or services that may be of interest to you. In the application, we may ask you whether you would like to use or otherwise share your information with these Third Party Applications. Emmati Inc does not receive payment or other remuneration in exchange for your linking to or using any Third Party Applications. If you choose to use or otherwise share your information with Third Party Applications then your information will no longer be protected by our secure application. You understand that these Third Party Applications may have their own terms and conditions of use and privacy policies.
You understand and agree that Emmati Inc is not responsible or liable for the features, content, or behavior of any Third Party Application, regardless of whether we link to or reference the Third Party Application in this application. Unless we specifically advise you otherwise, links to Third Party Applications do not constitute or imply endorsement by Emmati Inc of the information, products, or services offered by a Third Party Application.
1.8. Push Notifications
As part of installation of the application on your mobile device and to provide an enhanced user experience, the application may enroll you in “Push Notifications,” which may include alerts, badges, banners and sounds, on your mobile device, whether or not your device is in locked or sleep mode. Emmati Inc uses Push Notifications as a way to deliver important information about the service provided to you through the app, and if you allow to receive these notifications when installing or registering in to the application then you acknowledge and consent to receipt of of them, including delivery of notifications, including any sensitive or client-specific information, while your device is in locked or sleep mode. Whether you wish to use Push Notifications is your choice, and we encourage you to protect this information carefully and to be aware that others may be able to see your personal information on your mobile device. Therefore, we ask your consent to receive them prior to the use of the application.
1.9. Automated Messages
This application may ask you for your contact information in order to verify your identity and confirm that we have your current information on file. Sometimes we contact you with automated messages, for example, pre-recorded calls, text messages or automated emails about important information or appointment reminders. When you confirm your contact information with us, you expressly consent to receiving these automated communications, and you can change your preferences at any time by contacting our customer service by email.
1.10. Use by children
Our Services are offered and available to users who are 13 years of age or older. If you are under 13 you may not use ClientPRO app, dashboard or any additional services. By using our Services, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
1.11. International Use
Emmati Inc makes no claims that the App, Website, Dashboard or any content thereof are appropriate, available or may be downloaded outside of the United States. Access to the App, Website or Dashboard from jurisdictions where the contents of the services are illegal or penalized is prohibited. Individuals who choose to access our services from outside the United States do so voluntarily and are responsible for compliance with their local laws.
2 ACCOUNT, SECURITY AND PRIVACY
2.1. Registration as a member
The registration process requires that you provide your phone number, email address, full name, payment method and indicate your occupation.
2.2. Occupation authentication
Emmati Inc does not verify the truthfulness of the occupation you claim as a professional. For that reason, Emmati Inc does not represent, warrant or guarantee the accuracy of the credentials or identities of the users and the information provided by users including professional members. You acknowledge that Emmati Inc will not be liable for any loss or damages caused by any of the services or information you provide as a professional to your clients through our app or dashboard.
2.3. Prohibited content
You agree that any content you provide through our App or through any additional service, such as Dashboard, shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party’s proprietary rights or rights of publicity or privacy; (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, but without containing child pornography; (f) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) create liability for us; or (h) link directly or indirectly to or include descriptions of goods or services that are prohibited under the Terms or that you do not have a right to include. You may not consummate any transaction that was initiated using our app that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content in our app without Emmati Inc’s prior written consent.
2.4. Account security
You may close your account at any time by requesting to do so via email to @
The application and dashboard are secured with a personal PIN code that you need to establish and introduce every time you access the app or dashboard.
If you use our app or dashboard, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer and account. You agree to accept responsibility for all activities that occur under your account or password. Emmati Inc reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
If any unauthorized person obtains access to your account because of any act or omission by you, you shall promptly notify Emmati Inc at @ . You shall cooperate and assist in any investigation relating to any such unauthorized access. However, you will be responsible for any damages this may cause and we are not responsible for any losses you suffer.
Emmati Inc provides you with a number of online information services to provide you the help you need. These services are for your personal, non-commercial use only.
If you are authorized by a user to input or access the user’s private or personal information, you agree to protect the confidentiality of this information and to comply with state and federal privacy laws that may prohibit the redisclosure of private or personal information without the express written authorization of the person who is the subject of that information, including but not limited to federal law prohibiting the redisclosure of the information regarding alcohol and drug abuse referral and treatment or criminal charges or investigations.
2.6. Access, correction and data integrity
Although we attempt to maintain the integrity and accuracy of the information provided by this application, there are no guarantees as to its correctness, completeness or accuracy. This application may contain typographical errors, inaccuracies or other errors or omissions and may not display your most current client information. Changes or additions to your client’s protected information in our system may take 24 hours to appear within this application.
3 FINANCIAL TERMS AND SUBSCRIPTION
3.1. General Financial Terms
You can invite your clients to the ClientPRO app and schedule online appointments with them. When a client requests or accepts an appointment with you, the Consultation Price will be charged by using the client’s chosen payment method. The Consultation Price is established by you, subject to established minimum that can be changed without prior notice. Please check the current minimum applicable to the Consultation Price in our app. When you as a professional receive an appointment request, you can either accept or reject the request.
We will charge a Transaction Charge from the Consultation Price. Emmati Inc reserves the right to change the applicable Transaction Charge percentage at any time, for any reason. Please check the current Transaction Charge here. Emmati Inc applies the Transaction Charge percentage and then remits your share of the Consultation Price to your ClientPRO account balance. Except as otherwise provided herein, Transaction Charge is non-refundable.
Please note that when you wish to withdraw your earnings, you need to withdraw the current account balance entirely.
3.2. Appointment cancellation
The client can cancel the appointment 24 hours before the appointment time, without losing the paid Consultation price. The client will lose the paid Consultation price, when the cancellation is done after this time limit. If the appointment is cancelled by you, as a professional, the Consultation price will be refunded to the client. Be aware that the refund can take up to 7 working days to reflect in the client’s bank account.
3.3. Subscription plan
To be able to use our services you need to have an active subscription.
- Client PRO Subscription: you are billed on a monthly basis starting the day after the trial period ends. Please check the current pricing here.
- Trial members: a trial period is automatically activated when you register as a professional member. Please check the current trial period duration here. The purpose of the trial is to evaluate the ClientPRO app and dashboard. You can discontinue use of your trial at any time by contacting our customer support. If you don’t cancel your trial before the trial period is over, you will automatically be charged the monthly subscription price. You agree that if you charge for your consultations during the trial period, we will still apply the established Transaction Charge.
The subscription plans, prices and offers are subject to change without prior notice. Members are solely responsible for determining their applicable tax reporting requirements in consultation with their tax advisors. Emmati Inc does not offer tax-related advice to any member or user.
3.4. Breach and Termination, modification or suspension
In consideration of being allowed to use this application, you agree that the following actions shall constitute a material breach of these Terms of Service:
- transmitting material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including Emmati Inc personnel or Emmati Inc as an entity)
- using the email functionality in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others
- collecting information about others, including e-mail addresses
- violating these Terms of Service
- using this application on modified or unsecure Devices
You agree that Emmati Inc may, in its sole discretion, with or without reason, with or without prior notice, and at any time, (a) modify, discontinue or suspend your subscription plan, temporarily or permanently, without notice or liability to you; and (b) deactivate or cancel your ClientPRO account. Upon termination, we will promptly pay your pending balance or any amounts we reasonably determine we owe. In the case that we terminate, deactivate or cancel your ClientPRO account, you will lose your right to the refund of any paid amounts in the concept of subscription and you will remain liable for all amounts due hereunder. Upon termination, you must destroy any content obtained from the App or Dashboard and all copies thereof.
4 DISCLAIMER AND PROPERTY OF EMMATI INC
THIS APPLICATION AND ITS CONTENT AND ALL SITE-RELATED SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS APPLICATION, ALL SITE-RELATED SERVICES, AND THIRD PARTY WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EMMATI INC OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES WITHIN THIS APPLICATION DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY EMMATI INC UNLESS SPECIFICALLY STATED OTHERWISE.
4.2. Property of Emmati Inc
Except as otherwise indicated, all content on this application, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of Emmati Inc or its licensors and is protected by United States and international laws. Emmati Inc allows you to view or download a single copy of the materials on the application solely for your personal, noncommercial use.
The compilation of all content within this application is the exclusive property of Emmati Inc and is protected by United States and international laws. Unless specifically authorized in writing by Emmati Inc, any use of these materials, including any materials contributed to this application by entities other than Emmati Inc, on any other Web site or networked computer environment for any purpose is prohibited.
Any rights not expressly granted by these Terms of Service are reserved by Emmati Inc. Content and features are subject to change or termination without notice in the editorial discretion of Emmati Inc.
5 LIMITATION OF LIABILITY, CHOICE OF LAW AND ARBITRATION AGREEMENT
5.1. Limitation of Liability and Choice of Law
EMMATI INC AND ITS AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED OR LINKED TO BY THIS APPLICATION ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE APPLICATION, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE APPLICATION, AND/OR ANY THIRD PARTY WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APPLICATION, SITE-RELATED SERVICES, AND/OR THIRD PARTY WEB SITES IS TO STOP USING THE APPLICATION AND/OR THOSE SERVICES OR SITES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THESE TERMS OF SERVICE ARE GOVERNED BY NORTH CAROLINA LAW WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW. IF ANY VERSION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA) IS ENACTED AS PART OF THE LAW OF NORTH CAROLINA, THAT STATUTE SHALL NOT GOVERN ANY ASPECT OF THESE TERMS AND CONDITIONS.
5.2. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against ClientPRO on an individual basis in arbitration as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against ClientPRO, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against ClientPRO by someone else. For the avoidance of doubt, this precludes you from bringing or participating in any kind of any class, collective, coordinated, consolidated, representative or other kind of group, multi-plaintiff or joint action against ClientPRO.
(a) Agreement to Binding Arbitration Between You and ClientPRO.
Except as expressly provided below in Section 2(b), you and ClientPRO agree that any dispute, claim or controversy in any way arising out of or relating to (i) these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof, (ii) your access to or use of the Services at any time, (iii) incidents or accidents resulting in personal injury that you allege occurred in connection with your use of the Services, whether the dispute, claim or controversy occurred or accrued before or after the date you agreed to the Terms, or (iv) your relationship with ClientPRO, will be settled by binding arbitration between you and ClientPRO, and not in a court of law. This Agreement survives after your relationship with ClientPRO ends.
You acknowledge and agree that you and ClientPRO are each waiving the right to a trial by jury or to bring or to participate as a plaintiff or class member in any class, purported class, collective, coordinated, consolidated, or representative proceeding.
This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third-parties, including but not limited to your spouses, heirs, third-party beneficiaries and assigns, where their underlying claims are in relation to your use of the Services. To the extent that any third-party beneficiary to this agreement brings claims against the Parties; those claims shall also be subject to this Arbitration Agreement.
(b) Exceptions to Arbitration
Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services; and/or (iii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Such claims may be brought and litigated in a court of competent jurisdiction by you on an individual basis only. On an individual basis means that you cannot bring such claims as a class, coordinated, consolidated, collective, or representative action against ClientPRO. For the avoidance of doubt, this precludes you from bringing claims as or participating in any kind of any class, collective, coordinated, consolidated, representative or other kind of group, multi-plaintiff or joint action against ClientPRO and no action brought by you may be consolidated or joined in any fashion with any other proceeding. Where your claims are brought and litigated to completion on such an individual basis in a court of competent jurisdiction, ClientPRO agrees to honor your election.
The parties’ agreement not to require arbitration in these limited instances does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided for in Section 2(a), which will continue to apply in court as well as in arbitration), or the enforceability of this Agreement as to any other controversy, claim or dispute.
(c) Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are applicable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a dispute, you and ClientPRO agree that the arbitrator will decide that issue.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this Arbitration Agreement, and that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, then that issue shall be resolved under the laws of the state where you reside when you accept these Terms.
Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to the Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.
Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and ClientPRO each agree to notify the other party in writing of any dispute and to attempt to negotiate an informal resolution. Notice of the dispute must include the party’s name, preferred contact information, a brief description of the dispute, and the relief sought. Notice to ClientPRO must be sent to Emmati Inc, Attn: ClientPRO Application 100 Mill Pond Plantation Way, Warner Robins GA 31088. Neither party shall initiate arbitration until 30 days after the notice is sent. Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing Charge deadlines shall be tolled while the parties engage in the informal resolution process required by this paragraph.
Initiating Arbitration. In order to initiate arbitration, a party must provide the other party with a written Demand for Arbitration and file the Demand with AAA as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). A party initiating an arbitration against ClientPRO must send the written Demand for Arbitration to Emmati Inc, Attn: ClientPRO Application 100 Mill Pond Plantation Way, Warner Robins GA 31088. The Arbitrator will be either (1) a retired judge or (2) an attorney licensed to practice law in the state where the arbitration is conducted. The Arbitrator will be selected by the parties from the AAA’s National Roster of Arbitrators. If the parties are unable to agree upon an Arbitrator after a good faith meet and confer effort, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
(e) Location and Procedure.
Unless you and ClientPRO otherwise agree, the arbitration will be conducted in the state of North Carolina.
(f) Arbitrator’s Decision.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you may seek an award of attorneys’ fees and expenses to the extent permitted under applicable law. ClientPRO will not seek, and hereby waives all rights ClientPRO may have under applicable law to recover attorneys’ fees and expenses if ClientPRO prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
(h) Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction (section 12) and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.