Terms of Use

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

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

A technology marketplace only

Emotral is a technology marketplace platform. We connect clients with independent therapists. We do not provide therapy services and are not a healthcare provider, an employer, or a provider of therapeutic services. All therapy services are provided exclusively by the independent therapists you connect with through our Platform.

To use our Platform, you must:

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

4.1 For clients

• Provide accurate personal and contact information
• Keep your account credentials confidential
• Notify us immediately of any unauthorised access to your account
• You are responsible for all activity carried out under your account

4.2 For therapists

In addition to the above, therapists must:

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

5.1 Booking process

• Clients may browse therapist profiles and book a session
• Bookings are subject to the therapist’s availability and acceptance
• Session times are displayed in the user’s local timezone

5.2 No cancellation and rescheduling policy

• Up to 12 hours before the session: if you cannot attend, let us know and a make-up session will be arranged for you.
• Less than 12 hours before the session: no rescheduling or make-up session is possible. The full session fee is charged regardless of attendance.
• No-show: the session is recorded as a "no-show" and the full fee is charged.

5.3 Monthly subscriptions and their cancellation policy

In addition to single-session bookings, you may choose a monthly subscription plan (one, two or four sessions per month). The terms of these plans are as follows:

• Automatic renewal: the subscription renews automatically each month and is charged to your saved payment method until you cancel it.
• Session scheduling: each cycle’s sessions are booked on the same weekday and time you chose when the subscription started.
• Cancellation: you can cancel at any time from the "Billing" section of your account. Cancellation takes effect at the end of the current paid period, meaning the next renewal does not take place.
• Paid sessions: sessions already paid for in the current period remain valid after cancellation and will take place. No partial refund is given for the current period, and the no-cancellation and rescheduling policy in clause 5.2 continues to apply to each booked session.
• Failed payment: if a monthly renewal fails, the subscription moves to a "past due" state and no new sessions are booked for the next period until it is settled.

The 14-day right of withdrawal in clause 11 also applies to subscription fees to the extent provided by law, and does not extend to sessions that have already taken place.

5.4 Therapist and client relationship

The therapeutic relationship is directly between the client and the therapist. AfaTech GmbH is not a party to that relationship and bears no responsibility for the quality, safety or outcome of therapy services.

Users agree not to:

• Use the Platform for unlawful purposes or in breach of the law
• Impersonate others or provide false information
• Harass, abuse or harm other users
• Share login credentials or transfer an account
• Scrape, extract or harvest data from the Platform
• Upload malicious code or disrupt the Platform’s operation
• Publish inappropriate, offensive or unlawful content

All Platform content, including text, graphics, logos, software and design, belongs to AfaTech GmbH or is licensed to us, and is 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 yours
• You grant us a licence to use your content for the operation of the Platform

Your use of the Platform is also subject to our Privacy Policy. We comply with the GDPR and Austrian data protection law.

9.1 No medical advice

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

9.2 Therapist independence

All therapists on the Emotral Platform are independent contractors, not employees, representatives or agents of AfaTech GmbH. AfaTech GmbH does not direct, control or supervise the professional services provided by therapists. The therapeutic relationship is solely between you and the therapist. AfaTech GmbH expressly disclaims any liability for the acts, omissions, advice, outcomes or professional conduct of any therapist you access through this Platform.

9.3 No guarantee

We do not guarantee:

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

9.4 Credential review policy

AfaTech GmbH performs a limited review of the credentials therapists submit, to confirm that documents have been provided and appear valid on their face. However, we do not:

• Verify the clinical quality, competence or suitability of any therapist
• Guarantee the authenticity or current validity of submitted credentials
• Supervise, monitor or evaluate sessions or therapeutic outcomes

Clients are advised to carry out their own due diligence when choosing a therapist, including verifying credentials directly with the relevant professional body.

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

• Indirect, consequential, special, incidental or punitive damages
• Loss of profit, revenue, data or business opportunity
• Personal injury or financial loss arising from use of the Platform
• The acts or omissions of therapists or other users
• Unauthorised access to, or alteration of, your data

• This right of withdrawal applies only to platform subscription fees, and does not apply to completed therapy sessions, which are consumed services.
• To exercise this right, send an email within 14 days of purchase to [email protected] with the subject "Withdrawal Request" and your account details.
• Refunds are processed within 14 days of receiving your withdrawal notice, using the same payment method as the original transaction.

AfaTech GmbH operates as a platform intermediary under the EU Digital Services Act (Regulation EU 2022/2065, the "DSA"). Accordingly, we observe the following:

• Content moderation: we review therapist profiles and user-submitted content for compliance with platform policies and applicable law. Infringing content may be removed without prior notice.
• Reporting abuse: to report illegal content or DSA violations, send an email to [email protected] with the subject "DSA Report". We will acknowledge receipt and act within the DSA timelines.
• EU single point of contact: for DSA-related enquiries from regulatory authorities or users, contact [email protected] with the subject "DSA Inquiry". We accept communication in German or English.
• Transparency: we do not use recommender systems or targeted advertising based on profiling of special category data.

You agree to indemnify, defend and hold harmless AfaTech GmbH against any claim, liability, damage, loss, cost or expense arising from:

• Your use of the Platform
• Your breach of these Terms
• Your infringement of any third party’s rights
• Your content or conduct on the Platform

14.1 By you

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

14.2 By us

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

• Breach of these Terms
• Fraudulent or unlawful activity
• Abusive conduct towards other users or staff
• Expiry or revocation of a therapist’s licence

14.3 Effect of termination

• Access to the Platform will be revoked immediately
• Your data will be handled in accordance with our Privacy Policy

15.1 Governing law

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

15.2 Jurisdiction

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

15.3 Informal resolution

Before commencing formal proceedings, we encourage you to contact us at [email protected] to attempt an informal resolution.

We reserve the right to change these Terms at any time. Material changes will be announced at least 30 days before they take effect, by email or by a prominent notice on the Platform.

Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms. If you do not agree with the changes, you should stop using the Platform and terminate your account.

17.1 Entire agreement

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

17.2 Severability

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

17.3 Waiver

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

17.4 Assignment

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

17.5 Force majeure

We are not liable for delay or failure caused by matters beyond our reasonable control, including natural disasters, war, terrorism, pandemics or infrastructure failure.

For questions about these Terms, contact us: