Terms of Use

Single User Agreement — Incorporating the emotilink Mobile Application End User License

Last Modified: September 15, 2026
Effective: September 15, 2026
Version: 2.1.1

EMOTILINK IS NOT FOR EMERGENCIES. IF YOU THINK YOU ARE EXPERIENCING AN EMERGENCY OR CONSIDERING HARMING YOURSELF OR OTHERS, DIAL 9-1-1 OR CALL OR TEXT 988 (SUICIDE AND CRISIS LIFELINE) OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY.

YOU MUST BE AT LEAST 18 YEARS OLD TO USE THIS SERVICE.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND FULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. SECTION 18 CONTAINS A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECTS YOUR ABILITY TO BRING CLAIMS IN COURT. YOU MAY OPT OUT OF SECTION 18 WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS BY FOLLOWING THE PROCEDURE IN SECTION 18.8.

BY DOWNLOADING, INSTALLING, OR USING THE emotilink APP, OR OTHERWISE USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE MOBILE APPLICATION END USER LICENSE IN SECTION 15.

These Terms of Use are the single, integrated agreement between you and emotilink governing your use of the emotilink Platform and the emotilink mobile application (the “App“). They incorporate the end user license for the App, which appears in Section 15 (End User License (Application License)). There is no separate End User License Agreement: your acceptance of these Terms, through a single acceptance, constitutes your acceptance of the App license.

By registering as a User, in addition to the following terms and conditions, you further agree to be bound by:

  • emotilink Privacy Policy
  • emotilink Acceptable Use Policy (“AUP”)
  • emotilink Email Policy
  • emotilink Session Minimum and Cancellation Policy

Each of which is incorporated herein by reference and available at www.emotilink.com.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE AND THE INCORPORATED POLICIES, PLEASE EXIT THE PLATFORM NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS PLATFORM, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR TRANSMITTED THROUGH THE PLATFORM, IS TO STOP USING THE PLATFORM.

1. THESE TERMS GOVERN YOUR USE OF OUR PLATFORM

(a) emotilink, LLC, a Delaware limited liability company (hereafter, “emotilink,” “we,” “our,” or “us”), owns and operates the emotilink telemental health Platform and virtual marketplace (the “Platform“), where registered users like you (“you,” “your,” or “User“) can search for and connect to independent, licensed mental health professionals (“Providers“) using our secure and HIPAA-aligned mobile application.

(b) These terms and conditions (the “Terms of Use“) constitute a binding legal agreement between you and emotilink. By using the Platform, you agree to be bound by and comply with these Terms of Use.

(c) emotilink reserves the right to modify these Terms of Use at any time, for any reason, by posting the modified Terms of Use to www.emotilink.com. The date of last modification appears at the top and bottom of these Terms. Modifications affecting your fees or your rights under the Mandatory Arbitration Agreement in Section 18 will be communicated to you at least thirty (30) days in advance via email to the address on file. Other modifications take effect immediately upon posting.

(d) Your use of the Platform after the effective date of any modification constitutes your approval of and agreement to the modified Terms of Use. It is your responsibility to review these Terms of Use periodically.

1.5 Layering of terms and platform-level supremacy.

These Terms of Use, together with the emotilink Privacy Policy, HIPAA Notice of Privacy Practices, Acceptable Use Policy, Email Policy, Session Minimum and Cancellation Policy, EULA, and Consent to Treat (each as displayed to you at acceptance in the Platform), together constitute the platform-level agreements between you and emotilink (collectively, the “Platform Agreements“).

Your Provider may furnish their own clinical consent, notice of privacy practices, or supplemental practice policies through the Platform (collectively, “Provider Documents“). Provider Documents govern the clinical relationship between you and your Provider. To the extent any Provider Document conflicts with the Platform Agreements — including without limitation with respect to age eligibility, cancellation and refund mechanics, payment collection method, direct-collection or accounts-receivable rights against you, or emergency services — the Platform Agreements control as between you and emotilink. Nothing in a Provider Document expands emotilink’s obligations to you or narrows the protections emotilink extends to you under the Platform Agreements.

2. EMOTILINK IS A TECHNOLOGY PLATFORM ONLY — NOT A MENTAL HEALTH PROVIDER

(a) emotilink is strictly a technology platform and does not itself provide mental health services, advice, or treatment of any kind.

(b) Providers are independent, third-party licensed mental health professionals who have contracted with emotilink for a license to use the Platform.

(c) Providers are not emotilink employees, agents, representatives, subcontractors, partners, joint venturers, or independent contractors. No Provider can represent, control, or contract on behalf of emotilink, and emotilink cannot represent, control, or contract on behalf of any Provider.

(d) emotilink is not a party to any therapeutic, fiduciary, or special relationship that may exist or develop between you and any Provider on the Platform. Any such relationship is between you and the Provider only, and no therapeutic, fiduciary, or other special relationship of any kind exists between you and emotilink.

3. PROVIDERS ARE SOLELY RESPONSIBLE FOR THEIR SERVICES AND COMPLIANCE WITH APPLICABLE LAW

(a) Providers are solely responsible for their professional services and advice and for compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances (“Applicable Law“). It is the Provider’s responsibility (not emotilink’s) to ensure their use of the Platform conforms to the laws of the jurisdiction in which the Provider or the User is located.

(b) emotilink disclaims any responsibility and liability, and you agree to hold emotilink harmless, for any damages alleged or sustained, or any grievance made, as a result of any Provider’s advice, conduct, treatment, communication, representation, omission, or violation of Applicable Law.

4. PROVIDER CREDENTIALING; LIMITS OF VERIFICATION

(a) emotilink verifies each Provider’s professional license at registration by checking the relevant state licensing board’s online records, and re-verifies annually. emotilink also requires each Provider to warrant and represent on an ongoing basis (i) that the Provider holds all valid and current licenses required for the services they offer, (ii) that the Provider remains in good standing with each licensing board, and (iii) that the Provider will notify emotilink promptly of any suspension, revocation, surrender, probation, or non-renewal of any license.

(b) Notwithstanding the foregoing, emotilink does not: independently confirm the appropriateness or quality of any Provider’s clinical methods; investigate or evaluate any complaint, malpractice claim, or board action against any Provider beyond the public record at the time of verification; or guarantee the accuracy, reliability, or completeness of any information presented in a Provider’s profile.

(c) Each Provider creates and is solely responsible for the content of their Provider profile, including the accuracy of biographical information, specializations, modalities, fee, and contact information.

(d) Before engaging a Provider’s services, you should independently verify the Provider’s qualifications, licensure, credentials, and good standing with the relevant state licensing boards. You should not rely solely on the information presented in or accessible from a Provider’s profile.

(e) You agree to release and hold emotilink harmless, to the fullest extent permitted by law, from any allegation, cause of action, or claim arising out of your reliance on Provider-supplied information, including information in any Provider profile.

5. ACCOUNT, EMAIL ADDRESS, AND EMAIL POLICY

(a) Access to and use of the Platform requires you to provide a unique email address to which you have secure, private access and at which you are comfortable receiving unencrypted emails from emotilink.

(b) Your acceptance of these Terms of Use, including the incorporated Email Policy (available at www.emotilink.com/email-policy), constitutes your authorization and consent to receive unencrypted emails from emotilink containing information about your use of the Platform, including information protected by HIPAA. The full scope of this authorization is described in the Email Policy.

(c) emotilink will not respond to emails or voicemails containing detailed clinical or sensitive health information. If you email emotilink with content indicating a mental health emergency, our reply will direct you to call or text 988 or to dial 9-1-1.

(d) Marketing email is separate and optional. Your consent to receive marketing or promotional email from emotilink is not part of your acceptance of these Terms of Use and is obtained, if at all, through a separate, discrete opt-in presented at signup. You may use the Platform without consenting to marketing email, and you may withdraw that consent at any time using the unsubscribe mechanism in any such email. Transactional and service-related emails described in the Email Policy (including appointment, billing, security, and account communications) are necessary to provide the Platform and do not require separate consent.

(a) As a condition of engaging a Provider’s services and scheduling a session, you agree to pay emotilink a Platform fee equal to 3.5% of the amount charged based on the Provider’s hourly rate. The Platform fee is in addition to the Provider’s fee and appears in the price quoted at scheduling.

(b) emotilink may modify the Platform fee at any time with at least thirty (30) days’ written notice to your email address on file.

7. PAYMENTS ARE PROCESSED BY FINIX

(a) Payments are processed by Finix Payments, Inc. (“Finix“), our payment processor. emotilink is not a party to your relationship with Finix; your use of Finix’s services is governed by Finix’s terms of service and privacy policy.

(b) Finix processes your payments and charges your method of payment either at the conclusion of your session or, in the event of a no-show or late cancellation, after the 10-minute no-show window described in the Session Minimum and Cancellation Policy.

(c) By using the Platform, you authorize Finix to (i) verify the validity of your method of payment (such as by running and immediately voiding an authorization not exceeding $1) and (ii) place an Authorization Hold on your method of payment in an amount equal to 150% of the estimated price of your session quoted at the time of scheduling.

(d) The actual payment is based on the Provider’s hourly rate quoted at the time of scheduling, prorated for the session’s actual duration and rounded up to the nearest minute, subject to the applicable Session Minimum.

(e) All sessions after the initial introductory session are subject to a Session Minimum, as described in the Session Minimum and Cancellation Policy.

8. SHORT-NOTICE CANCELLATIONS ARE SUBJECT TO A 50% CANCELLATION FEE

A copy of emotilink’s Session Minimum and Cancellation Policy is available at www.emotilink.com and is incorporated into these Terms by reference. The key terms:

  • Introductory Sessions: May be cancelled up to 1 hour before scheduled start time without a Cancellation Fee
  • Return Sessions: May be cancelled up to 24 hours before scheduled start time without a Cancellation Fee
  • Cancellation Fee: 50% of the price quoted at scheduling
  • No-show: Failure to log in within the first 10 minutes constitutes a no-show, triggering the Cancellation Fee
  • One-time rescheduling exception: Available subject to Provider acceptance, as described in the Session Minimum and Cancellation Policy

9. ACCOUNTS, APPOINTMENTS, AND SERVICE MAY BE TERMINATED OR INTERRUPTED

(a) You may unilaterally terminate your account at any time, for any reason.

(b) emotilink may suspend or terminate your account, cancel any scheduled appointment, or restrict access to the Platform at any time, for any reason, in our sole discretion, without recourse or right of appeal. Where exercise of this right interferes with a scheduled appointment, you will not be charged for the affected appointment.

(c) Your use of the Platform is at your own risk. Services rendered and information supplied over the Platform are provided “as is,” “with all faults,” and “as available.”

(d) emotilink disclaims all warranties of any kind that the Platform will be effective, will function without disruptions, will be reliable or accurate, will be available at all times or locations, or will result in outcomes satisfactory to you.

10. YOU ARE RESPONSIBLE FOR THE SECURITY OF YOUR ACCOUNT AND DEVICES

(a) You should maintain the security and privacy of your emotilink password at all times. Do not share your password.

(b) emotilink disclaims liability for any injury or damages alleged or sustained as a result of any breach of your account caused by your failure to secure your password, including unauthorized payments processed as a result.

(c) If you suspect your account or password has been compromised, change your password immediately and contact us at info@emotilink.com.

(d) You should access the Platform only from devices under your exclusive control and from secure WiFi or network connections. Avoid public devices and open or public internet access.

(e) Install and maintain reputable, current firewall, anti-virus, and anti-spyware software on any device used to access the Platform.

11. YOU COMMUNICATE BY EMAIL OR OTHER MEDIA AT YOUR OWN RISK

(a) Users who communicate with Providers by unencrypted email or by any other unsecured medium do so at their own risk.

(b) emotilink disclaims responsibility for information transmitted by any means other than the Platform, including by email, text message, or telephone, regardless of how the User obtains the Provider’s contact information.

(c) Pursuant to HIPAA, Providers may not communicate with patients by unencrypted email unless the Provider first obtains the patient’s authorization and acknowledgement of security risks. The Email Policy’s authorization runs from you to emotilink and does not extend to direct unencrypted email between you and a Provider.

12. THE PLATFORM IS NOT FOR CHILDREN

(a) The Platform is not designed for, and may not be used by, any person under the age of eighteen (18).

(b) emotilink does not knowingly collect personal information from anyone under 18. If you believe we may have collected such information, contact us at info@emotilink.com.

(c) Users who appear to be under 18 should expect Providers to request reasonable proof of age (a government-issued photo ID) and should be prepared to provide it. Failure to provide reasonable proof of age may result in the Provider terminating the session, in which case no refund will be given.

13. THE PLATFORM MAY NOT BE USED FOR MEDICAL CARE

(a) The Platform is not designed to accommodate medical services, treatment, or the prescription of medication.

(b) Use of the Platform is limited to nonmedical telecounseling and teletherapy services only.

(c) Psychiatrists and other medical professionals who are licensed and qualified to provide nonmedical telecounseling may register as Providers, but may use the Platform only for nonmedical services.

(d) If a Provider offers to render medical services or treatment over the Platform, please decline and report the conduct to us at info@emotilink.com.

14. ACCEPTABLE USE — INCORPORATED BY REFERENCE

Your use of the Platform is governed by the emotilink Acceptable Use Policy, available at www.emotilink.com/acceptable-use-policy and incorporated herein by reference. The AUP prohibits, among other things, unauthorized recording of sessions, attempts to identify anonymous Users, anti-circumvention (contracting with Providers outside the Platform to avoid the Platform fee), prohibited content, and prohibited technical conduct. Violation of the AUP may result in suspension or termination of your account.

You also may not modify, reverse-engineer, copy, distribute, sublicense, or create derivative works of the Platform’s technology, source code, or software, and may not use the Platform for any purpose other than as expressly permitted by these Terms of Use. Additional restrictions on your use of the emotilink mobile application are set forth in Section 15 (End User License (Application License)).

15. END USER LICENSE (APPLICATION LICENSE)

This Section governs your license to download, install, and use the emotilink mobile application (the “App” or “Licensed Application“). It forms part of, and is accepted together with, these Terms of Use, and there is no separate End User License Agreement. This Section applies in addition to the other provisions of these Terms of Use; the arbitration and class action waiver in Section 18, the choice of law in Section 17, the warranty disclaimers in Section 9, and the general provisions in Section 16 apply to this Section and are not restated here.

(a) Grant of License. Subject to your compliance with these Terms of Use, emotilink grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use one copy of the Licensed Application on any device that you own or control and that meets the minimum technical requirements published by emotilink from time to time, solely for your personal, non-commercial use as expressly permitted by these Terms of Use. The Apple Inc. (“Apple“) Usage Rules set forth in the Apple Media Services Terms and Conditions also govern your use of the Licensed Application; in the event of a conflict between these Terms and the Apple Usage Rules, the more restrictive provision controls. The Licensed Application is licensed, not sold, to you. emotilink and its licensors retain all right, title, and interest in and to the Licensed Application, including all intellectual property rights therein, and no rights are granted except the limited license expressly set forth in this Section.

(b) Scope of Permitted Use. You may use the Licensed Application only to (i) access emotilink’s telemental health Platform as a User, (ii) search for and connect with Providers, (iii) schedule, attend, and manage telecounseling sessions with Providers, and (iv) such other purposes as these Terms expressly permit. You may not use the Licensed Application for any commercial purpose, for the benefit of any third party, to provide services to others, or in any manner that violates these Terms or Applicable Law.

(c) License Restrictions. You agree that you will not, and will not permit any third party to: (i) modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, algorithms, file formats, or non-public APIs from the Licensed Application, except to the extent applicable law expressly prohibits such restriction; (ii) copy, reproduce, distribute, republish, download, display, post, transmit, sell, rent, lease, lend, license, sublicense, assign, or transfer the Licensed Application or any portion thereof; (iii) create derivative works of the Licensed Application or any portion thereof; (iv) remove, alter, or obscure any proprietary notice (including any copyright or trademark notice) of emotilink or its licensors; (v) use the Licensed Application in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use of it; (vi) attempt to gain unauthorized access to the Licensed Application, the accounts of other Users or Providers, or any computer systems, servers, or networks connected to it; (vii) use any automated means (including bots, scrapers, spiders, or harvesters) to access, monitor, copy, or collect any portion of the Licensed Application or any data on or accessible through it; (viii) transmit any malware, virus, worm, Trojan horse, or other harmful code; (ix) record, capture, transcribe, or otherwise store any portion of a telecounseling session, including any video, audio, chat, or other content exchanged with a Provider, without the express prior written consent of both emotilink and the Provider; (x) impersonate any person or entity, or misrepresent your affiliation with any person or entity; (xi) use the Licensed Application in any manner that violates any applicable federal, state, local, or international law or regulation, including the Health Insurance Portability and Accountability Act (“HIPAA”), the Children’s Online Privacy Protection Act (“COPPA”), or any state telehealth, professional licensing, or consumer protection law; (xii) attempt to circumvent the Platform to contract with Providers directly outside the Licensed Application, in violation of the anti-circumvention provisions of these Terms and the AUP; or (xiii) use the Licensed Application if you are under the age of eighteen (18).

(d) Updates; Maintenance and Support. emotilink may from time to time release updates, upgrades, bug fixes, patches, and new versions of the Licensed Application (collectively, “Updates“), which may be automatically downloaded and installed on your device and may modify, add, or remove features. Your continued use of the Licensed Application after the installation of any Update constitutes your acceptance of that Update. emotilink, not Apple, is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in these Terms or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.

(e) Term and Termination of License. The license granted in this Section is effective from the date you first download, install, or use the Licensed Application and continues until terminated. You may terminate the license at any time by uninstalling the Licensed Application and ceasing all use. emotilink may terminate the license, suspend your access, or restrict your use of the Licensed Application at any time, for any reason or no reason, with or without notice, consistent with Section 9. Upon termination, the license immediately ceases, and you must uninstall and delete all copies of the Licensed Application in your possession or control. The license restrictions and ownership provisions of this Section, together with the disclaimer, governing-law, and dispute-resolution provisions of these Terms, survive termination.

(f) Apple-Required Provisions (Standard Licensed Application). The following provisions apply solely if you obtained the Licensed Application from the Apple App Store, and they supersede any conflicting general provision of these Terms with respect to Apple:

(i) Acknowledgment. These Terms are concluded between you and emotilink only, and not with Apple. emotilink, not Apple, is solely responsible for the Licensed Application and the content thereof.

(ii) Scope of License. The license granted to you for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control, as permitted by the Apple Usage Rules.

(iii) Maintenance and Support. As stated in Section 15(d), emotilink, not Apple, is solely responsible for providing maintenance and support services with respect to the Licensed Application. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.

(iv) Warranty. emotilink is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Licensed Application is provided on an “as is” and “as available” basis, and emotilink disclaims warranties with respect to the Licensed Application as set forth in Section 9 of these Terms. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be emotilink’s sole responsibility.

(v) Product Claims. emotilink, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession or use of the Licensed Application, including (A) product liability claims; (B) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (C) claims arising under consumer protection, privacy, or similar legislation.

(vi) Intellectual Property Rights. In the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party’s intellectual property rights, emotilink, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

(vii) Legal Compliance. You represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and (B) you are not listed on any U.S. Government list of prohibited or restricted parties.

(viii) Developer Contact. Questions, complaints, or claims with respect to the Licensed Application should be directed to: emotilink, LLC, info@emotilink.com.

(ix) Third-Party Beneficiary. You and emotilink acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms with respect to the license granted in this Section 15, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

(g) Apple Default EULA as Backstop. Apple’s standard Licensed Application End User License Agreement (the default end user license agreement set forth in Apple’s Media Services Terms and Conditions) also applies to your use of the Licensed Application as a backstop. To the extent these Terms provide greater protection to emotilink, or impose additional or more restrictive obligations on you, than Apple’s default end user license agreement, these Terms govern. Nothing in these Terms diminishes any right or protection that Apple’s default end user license agreement or the Apple Usage Rules require to be afforded to you or to Apple.

16. ADDITIONAL TERMS AND CONDITIONS

(a) Integration. These Terms of Use, together with the documents incorporated by reference, constitute the entire agreement between the parties.
(b) No Waiver. emotilink’s failure to enforce any provision of these Terms is not a waiver.
(c) Severability. If any provision is found invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be reformed to give effect to the parties’ intentions to the extent permitted.
(d) Headings. Section headings are for reference only and do not affect interpretation.
(e) Assignability. emotilink may assign these Terms to any parent, subsidiary, or affiliate, or as part of a sale, merger, or other transfer. You may not assign these Terms without our consent.

17. CHOICE OF LAW

These Terms of Use and the Privacy Policy shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles. If you are a consumer residing in a jurisdiction whose mandatory consumer-protection laws would otherwise apply, nothing in this Section shall deprive you of the protections of such mandatory laws.

18. MANDATORY ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

18.1 Agreement to Arbitrate

You and emotilink agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Platform, your relationship with emotilink, or any communications between you and emotilink (each, a “Dispute“) shall be resolved exclusively by final and binding individual arbitration, except as expressly carved out in Section 18.5. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

18.2 Informal Resolution

Before initiating arbitration, you and emotilink agree to attempt to resolve any Dispute informally for at least sixty (60) days. The party initiating must send written notice describing the Dispute and the relief sought. Notice to emotilink: emotilink, LLC, Attn: Legal — Dispute Notice, 222 W Merchandise Mart Plaza, Suite 1230, Chicago, IL 60654, with a copy to info@emotilink.com. The statute of limitations and any AAA filing-fee deadline shall be tolled during the 60-day period.

18.3 Arbitration Rules and Forum

Arbitration shall be administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules then in effect, modified by this Section. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Dallas County, Texas. Hearings may be in-person, by telephone, by videoconference, or on written submissions as the arbitrator determines. If an in-person hearing is required and traveling to Dallas County would impose undue burden on you, the hearing shall be held in the county of your residence.

18.4 Arbitration Fees

emotilink shall pay all AAA filing, administrative, and arbitrator fees in excess of the equivalent court filing fee for the jurisdiction in which you reside, except where the arbitrator determines that your claim was frivolous or brought for an improper purpose.

18.5 Carve-Outs from Arbitration

The following claims are not subject to mandatory arbitration:

(a) Small claims court. Either party may bring an individual claim that qualifies and remains in small claims court.
(b) Injunctive relief for intellectual property. Either party may seek equitable relief in court to prevent infringement or misappropriation of intellectual property or breach of confidentiality.

18.6 Class Action Waiver

YOU AND EMOTILINK AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

The arbitrator may not consolidate claims of multiple persons, preside over any form of representative or class proceeding, or award class-wide or representative relief.

If a court finds this Class Action Waiver unenforceable as to a particular Dispute, that Dispute shall be severed from arbitration and brought exclusively in the courts identified in Section 18.9, with the remainder of Section 18 remaining in effect.

18.7 Mass Arbitration Procedures

If twenty-five (25) or more individual demands for arbitration of substantially similar claims are filed against emotilink within a sixty (60) day period by the same or coordinated counsel (a “Mass Filing“), the AAA Mass Arbitration Supplementary Rules shall apply, and:

(a) The parties will identify ten (10) bellwether cases (five selected by claimants’ counsel, five by emotilink) to be arbitrated first.
(b) The remaining cases shall be stayed pending the bellwether outcomes.
(c) After the bellwethers, the parties shall participate in a mandatory mediation of the remaining cases.
(d) If mediation does not resolve them, the remaining cases proceed to individual arbitration consistent with this Section.

18.8 Right to Opt Out

You have the right to opt out of the arbitration provisions of this Section 18. To opt out, send written notice to: emotilink, LLC, Attn: Arbitration Opt-Out, 222 W Merchandise Mart Plaza, Suite 1230, Chicago, IL 60654, or by email to info@emotilink.com with the subject line “Arbitration Opt-Out.” Include your name, the email associated with your account, and a clear statement that you want to opt out.

Your opt-out notice must be received within thirty (30) days after you first accept these Terms of Use (or, for users who previously accepted a prior version that did not contain these arbitration provisions, within thirty (30) days after the Effective Date at the top of these Terms). Opting out does not affect any other provision of these Terms.

18.9 Court Jurisdiction for Excluded Claims

For any Dispute not subject to arbitration, the exclusive jurisdiction and venue shall be the federal and state courts located in Dallas County, Texas. You consent to personal jurisdiction and venue in such courts and waive any objection based on inconvenient forum or improper venue.

18.10 Severability

If any provision of Section 18 is held invalid, the remaining provisions shall be enforced to the maximum extent permitted, except that if the Class Action Waiver in Section 18.6 is held unenforceable as to a particular Dispute, the entirety of Section 18 shall be unenforceable as to that Dispute (which shall be brought exclusively in the courts identified in Section 18.9).

Last Modified: September 15, 2026
Effective: September 15, 2026