Provider Terms of Service

Last Modified: September 15, 2026
Effective: September 15, 2026
Version: 2.1

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND FULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. SECTION 19 CONTAINS A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YOU MAY OPT OUT OF SECTION 19 WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS BY FOLLOWING THE PROCEDURE IN SECTION 19.8.

By registering as a Provider on the emotilink platform, you agree to be bound by these Terms of Service, the emotilink Business Associate Agreement (“BAA”), the emotilink Acceptable Use Policy (“AUP”), the emotilink Privacy Policy, the emotilink Email Policy, the emotilink Session Minimum and Cancellation Policy, and the Finix Payments, Inc. (“Finix”) Terms of Service governing the payment-processing services provided by Finix through the platform. Each of these is incorporated herein by reference.

1. THESE TERMS GOVERN YOUR USE OF OUR PLATFORM

(a) emotilink, LLC, a Delaware limited liability company (“emotilink,” “we,” “our“), owns and operates the emotilink telemental health platform and digital marketplace (the “Platform“), where licensed mental health professionals (“you,” “your,” or “Provider“) connect with platform users (“Users“) to deliver real-time, fee-based telemental health services.

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

(c) emotilink may modify these Terms of Service at any time, with at least thirty (30) days’ written notice to your email address on file for any modification that affects (i) your fees, (ii) your liability or indemnification obligations, (iii) your rights under the Mandatory Arbitration Agreement in Section 19, or (iv) the Business Associate Agreement. Other modifications take effect immediately upon posting to www.emotilink.com.

(d) Your use of the Platform after the effective date of any modification constitutes your approval of and agreement to the modified Terms of Service.

2. EMOTILINK IS A TECHNOLOGY COMPANY ONLY — YOUR RELATIONSHIP IS LICENSOR-LICENSEE

(a) emotilink is a technology supplier only and does not provide professional services of any kind, including mental health services, advice, therapy, counseling, or treatment.

(b) Subject to your registration approval and ongoing compliance with these Terms of Service, the BAA, the AUP, and Applicable Law, emotilink grants you a limited, non-exclusive, freely revocable, non-transferable, non-sublicensable license to access and use the Platform (your “License“) for the limited purpose of delivering real-time telecounseling services to Users.

(c) Your relationship with emotilink is strictly licensor-licensee. You are not an emotilink employee, agent, partner, joint venturer, representative, independent contractor, or subcontractor. Nothing in these Terms creates any agency or employment relationship, fiduciary obligation, or authority for one party to bind the other.

3. YOU ARE SOLELY RESPONSIBLE FOR YOUR PROFESSIONAL SERVICES AND COMPLIANCE WITH LAW

(a) You are solely responsible for your professional services and for ensuring that those services and your use of the Platform comply with Applicable Law and the scope of your professional licensure.

(b) emotilink does not limit, restrict, or otherwise control which Users may request appointments with you. Your ability to accept a User’s request does not in any way confirm that you can lawfully service that User in the User’s location.

(c) During each session, you are responsible for confirming (i) that you have the necessary licensing, qualifications, and expertise to treat the User, and (ii) that the User is physically located in a geographic area where you are licensed to practice.

(d) You agree to personally indemnify and hold harmless emotilink and our affiliates, officers, directors, managers, members, employees, agents, and licensors from any claim, allegation, cause of action, loss, expense, penalty, fine, damage, or cost (including reasonable attorneys’ fees) arising out of (i) your use of the Platform, (ii) anyone’s use of your emotilink account, (iii) your professional services, advice, recommendations, communications, conduct, or relationships, or (iv) your breach of these Terms of Service.

4. REGISTRATION AS AN INDIVIDUAL OR THROUGH A PROFESSIONAL ENTITY

(a) You may register as a Provider in your individual capacity, or through a professional corporation or professional limited liability company (“PC/PLLC“) of which you are the sole or controlling owner, provided that:

(i) You personally guarantee your PC/PLLC’s compliance with these Terms of Service, the BAA, the AUP, the Privacy Policy, the Email Policy, the Session Minimum and Cancellation Policy, the Finix Terms of Service, and Applicable Law;
(ii) Each individual licensed mental health professional who will use the Platform on behalf of the PC/PLLC must register separately and accept these Terms in their individual capacity; and
(iii) Only you (and not employees of your PC/PLLC) may access or use the Platform using your account.

(b) Your License is exclusive to you and is granted for your individual use. You may not allow your employees, contractors, business associates, partners, or any other individual to access or use the Platform using your account, even if that individual is under your supervision.

5. PROVIDER CREDENTIALING; YOUR ONGOING DUTIES

(a) At registration, you must provide and authorize emotilink to verify:

  • Your full name, date of birth, and government-issued photo ID
  • Your Social Security Number or Employer Identification Number (used solely for IRS Form W-9 reporting and required tax identification — collected through a secure, encrypted channel separate from the general registration form)
  • Your professional license(s), license number(s), state(s) of issuance, and expiration date(s)
  • Your business address
  • A Provider “selfie” verifying your identity matches your government-issued ID
  • Your direct deposit instructions (for Finix payouts)

(b) emotilink will verify your professional licensure at registration by checking the relevant state licensing board’s online records, and will re-verify annually. emotilink may also engage a third-party verification service to conduct license and background checks.

(c) You represent, warrant, and covenant that:
(i) You hold all valid and current licenses, qualifications, and authorizations required for the services you will offer over the Platform;
(ii) You remain in good standing with each state licensing board with jurisdiction over your services;
(iii) You are aware of and compliant with multi-state telehealth registration requirements applicable to your services (including, where applicable, registries operated by FL, TX, VT, LA, NM, AZ, and other states; and interstate professional licensure compacts such as PSYPACT, ASLB, the Counseling Compact, and the SW Compact);
(iv) You will not use the Platform to deliver services in any jurisdiction in which you are not licensed or otherwise authorized to practice; and
(v) You will notify emotilink in writing within five (5) business days of any suspension, revocation, surrender, probation, non-renewal, or material complaint affecting any of your professional licenses.

(d) Each Provider creates and is solely responsible for the content of their Provider profile.

6. YOUR USE OF THE PLATFORM IS CONDITIONED UPON OUR APPROVAL OF YOUR PROVIDER REGISTRATION

(a) Your License is conditioned on emotilink’s review and approval of your registration. After we approve your initial registration information, we will email you with instructions to complete the following:

(i) Business Associate Agreement. You must execute the emotilink BAA in accordance with 45 C.F.R. § 164.504(e). Your License is conditioned on your execution of, and ongoing adherence to, the BAA. The BAA is presented to you for execution during your onboarding to the Platform. A copy of the executed BAA remains available to you at any time on request to info@emotilink.com.

(ii) HIPAA Notice of Privacy Practices (“NPP”). You are solely responsible for distributing an up-to-date HIPAA NPP to Users who engage your services. emotilink provides a default boilerplate NPP that emotilink will distribute to Users with their appointment-confirmation emails. You may upload a customized NPP through the Provider Settings, which will supersede the default for your future sessions. You are responsible for ensuring that the NPP distributed on your behalf (whether the default or your custom version) accurately reflects your privacy practices and complies with the HIPAA Privacy Rule (45 C.F.R. Part 160 and Subparts A and E of Part 164).

(iii) Consent to Treat / Telehealth Consent. emotilink provides a default boilerplate Consent to Treat that you may replace with your own via Provider Settings. You are responsible for ensuring the consent form distributed on your behalf (i) complies with all federal, state, and local telehealth-consent requirements applicable to your practice, and (ii) does not contradict any Platform Agreement (as defined in the User-facing Terms of Use), including without limitation:

(A) Age eligibility. The Platform prohibits treatment of any User under the age of 18 (see Section 12 of these Terms and the corresponding age-eligibility rule in the User-facing Terms of Use). Any Provider Document you upload shall not describe, contemplate, or consent to treatment of minors on the Platform, including through parental or guardian consent.

(B) Cancellation and refund mechanics. The emotilink Session Minimum and Cancellation Policy governs all cancellation, no-show, and refund flows between Users and Providers on the Platform. Any Provider Document you upload shall not describe alternative cancellation fees, no-show fees, or refund mechanics for sessions delivered through the Platform. You are free to describe your own clinical cancellation policies for services you deliver outside the Platform, provided the Provider Document clearly limits such policies to non-Platform services.

(C) Payment-collection method. emotilink is the merchant of record for sessions delivered through the Platform, and all payments are processed through emotilink’s payment processor (currently Finix Payments, Inc.). You do not maintain a direct accounts-receivable relationship with Users for services delivered through the Platform. Any Provider Document you upload shall not describe any right to pursue Users directly for unpaid balances through collection agencies, legal process, or other means with respect to sessions delivered through the Platform, and shall not condition Platform services on a User’s waiver of confidentiality in connection with any such collection activity.

(D) Emergency services and confidentiality limits. emotilink is not an emergency service. The Platform’s emergency-reporting features and the confidentiality limits described in emotilink’s Consent to Treat and Crisis Resources Notice describe the Platform-level posture. Any Provider Document you upload shall be consistent with, and shall not narrow, the emergency-services framing and the mandatory-reporting / duty-to-warn / risk-to-self-or-others limits set out in the emotilink Consent to Treat.

You warrant that any Provider Document you upload to the Platform will satisfy the requirements of this Section 6(a)(iii). emotilink may reject, remove, or refuse to distribute any Provider Document that in emotilink’s reasonable judgment conflicts with the Platform Agreements, and may notify Users of any such conflict pending your correction.

(iv) Finix Terms of Service. Finix is the payment processor for the Platform. Under our agreement with Finix, you are required to separately execute the Finix Terms of Service as a “Sub-Merchant” of Finix. The Finix Terms of Service are available at the URL provided in Finix’s documentation and will be presented to you as a separate acceptance step during registration. Your License to use the Platform is conditioned on your acceptance of the Finix Terms of Service.

(v) Professional Liability Insurance. You must maintain, at your own expense throughout the period you are registered as a Provider, professional liability (malpractice) insurance with limits of not less than $1,000,000 per claim and $3,000,000 in aggregate, covering your professional services as a mental health professional. You must provide a certificate of insurance to emotilink at registration and on renewal. You agree to use commercially reasonable efforts to name emotilink as an additional insured on your policy where your insurer’s policy form permits.

(a) In exchange for and as a condition of your License, you agree to pay and authorize emotilink to charge a Platform fee on every payment successfully processed over the Platform. The founding-therapist cohort is closed. Providers who joined as part of the founding cohort retain their founding rate of five percent (5%) of completed-session fees. Providers onboarding after the close of the founding cohort are subject to a Platform fee of ten percent (10%) of completed-session fees. emotilink may modify the Platform fee at any time with at least thirty (30) days’ written notice to your email address on file.

(b) Your fee will be communicated to you at registration and confirmed in your Provider Settings. Founding cohort status is determined by emotilink based on whether you registered before the founding cohort closed.

(c) Fees are deducted from your payouts; the Session Minimum and Cancellation Policy describes the User-side mechanics that determine when and how much you are paid.

(d) emotilink absorbs all fees; providers bear only their proportional share of a successful chargeback. Providers are not responsible for any platform or payment-processing fees. emotilink absorbs all platform and payment-processing fees, including Finix processing fees and any chargeback-handling, notification, or inquiry fees, and no such fees are passed through to you. In the event of a successful chargeback (a payment dispute resolved in favor of the cardholder that reverses payment for a completed session), you bear your proportional share of the reversed session amount, consistent with the proportional split of session revenue between you and emotilink under this Section 7. emotilink absorbs all associated processing and dispute-handling fees. This mechanism is administered through the Platform’s payment processor, Finix, and is further described in Section 16(f).

(a) Except in cases of emergency under Section 10, emotilink shares only a User’s display name and state of residence with you.

(b) emotilink makes no representation that the information a User shares with you (including identity, location, or any other detail) is accurate or reliable.

(c) You are solely responsible for verifying the identity of any User to the extent required for your clinical records, professional licensing obligations, mandatory-reporting duties, or compliance with Applicable Law. If your professional or state-law obligations require identity confirmation that the Platform does not provide, you must obtain it directly from the User or decline to provide services.

(d) emotilink permits Users to engage Providers anonymously (using a self-selected display name that does not disclose their identity). You may decline to accept anonymous Users at your discretion, and we encourage you to indicate this preference in your Provider profile. If you choose to provide services to anonymous Users, you do so at your own risk, including the risk that you may not be able to discharge state-law obligations that require identifying information.

9. YOU MUST COMPLY WITH HIPAA

(a) Information transmitted between you and Users over the Platform may include Protected Health Information (“PHI“) as defined under the Health Insurance Portability and Accountability Act (“HIPAA“) and its implementing regulations.

(b) By registering as a Provider, you acknowledge that your delivery of services to Users over the Platform makes you a “covered entity” or “health care provider” subject to HIPAA, to the extent applicable to your practice. You agree to comply with the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules (45 C.F.R. Parts 160 and 164) in your use of the Platform.

(c) If you do not believe that you qualify as a HIPAA covered entity or are not prepared to comply with HIPAA, you must not register as a Provider.

(d) Your obligations are further specified in the emotilink BAA, which you must execute as a condition of your License.

10. EMERGENCY EXCEPTION TO USER-INFORMATION ACCESS

(a) The Platform’s emergency-reporting features enable you to notify and report to 9-1-1 the GPS location of a User you reasonably believe poses a credible threat of self-harm or harm to others.

(b) When you activate the emergency protocol within the App, you will be connected to the 9-1-1 dispatch associated with the User’s last GPS location.

(c) emotilink will also send you an email containing the User’s full name, home address, phone number, emergency contact name and telephone number, and last GPS location recorded by the User’s mobile device.

(d) You are solely responsible for your use of emotilink’s emergency protocols. You agree to indemnify emotilink for any claim arising out of your use of these protocols.

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

(a) You may unilaterally terminate your Provider account at any time, for any reason, except where unlawful to do so (for example, you may have a professional duty to provide continuity of care to existing Users before discontinuing service). You have no obligation to be available to Users outside sessions you have affirmatively accepted, including on-demand session requests. Your on-demand availability status (if you choose to use the feature) is set entirely at your discretion, may be changed by you at any time, and creates no commitment that you will accept any particular on-demand request. Beyond sessions you have accepted, emotilink imposes no requirement that you be available, responsive, or reachable through the Platform.

(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.

(c) Your use of the Platform is at your own risk. Access is provided “as is,” “with all faults,” and “as available.”

12. MINORS ARE PROHIBITED FROM USING THE PLATFORM

(a) The Platform is not designed for use by anyone under the age of eighteen (18).

(b) You are solely responsible for verifying the age of Users and must refrain from treating any User you have reason to believe is under 18.

13. THE PLATFORM IS NOT FOR THE PRACTICE OF MEDICINE

(a) The Platform is not designed for the delivery of medical care.

(b) Your use of the Platform must be limited to counseling and therapeutic services that do not require a medical license. Even if you are a licensed psychiatrist or other medical professional, you may not use the Platform to prescribe medications or deliver medical treatment.

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 applies to Providers as well as Users and includes Provider-specific restrictions (see AUP Section 7).

You also may not modify, reverse-engineer, copy, distribute, sublicense, or create derivative works of the Platform’s technology, source code, or software.

15. FINIX RELATIONSHIP — REQUIRED INCORPORATIONS

(a) Finix Payments, Inc. (“Finix“) is the payment processor for the Platform. Under our agreement with Finix, you (as a Sub-Merchant in Finix’s terminology) are required to enter into a separate end-user agreement with Finix.

(b) The Finix Terms of Service are incorporated into these Terms of Service by reference. You agree to comply with the Finix Terms of Service at all times while you use the Platform. You acknowledge that Finix may terminate your access to its payment services at any time as permitted by the Finix Terms of Service.

(c) The Finix Privacy Policy is also incorporated by reference. You acknowledge Finix’s privacy practices as described therein.

(d) Compliance with each of the following sections of the Finix Master Services Agreement between emotilink and Finix is a condition of your License:
(i) Compliance with all Applicable Law and Payment Network Rules (Finix MSA Section 17);
(ii) PCI-DSS Level 4 Self-Assessment Questionnaire — you must complete the SAQ within the required time period specified by Payment Network Rules;
(iii) The fee, refund, and Cancellation Fee mechanics described in the Session Minimum and Cancellation Policy.

(e) Finix is a third-party beneficiary of these Terms of Service and has the right to enforce these Terms of Service against you to the extent of provisions affecting Finix.

(f) emotilink may terminate or suspend your access to payment processing immediately on direction from Finix or any payment network or sponsor bank.

(g) Marketing materials. If you produce any marketing material that mentions the Platform, emotilink, Finix, or any payment processor or sponsor bank by name or by inference, you must submit such materials to emotilink for approval before publication. emotilink may decline approval or require modifications consistent with Finix’s marketing requirements.

16. PAYMENT PROCESSING

(a) You agree to allow emotilink to bill for your sessions conducted through the Platform.

(b) You agree to allow emotilink to deduct the Platform fee from payments processed.

(c) Payments are processed at the conclusion of completed sessions by Finix and routed to your bank account, typically within 3 business days. Finix dictates fund movement; emotilink does not.

(d) You agree that only you (in your individual capacity, even if registered through a PC/PLLC) may use the Platform for telecounseling, and that you will maintain your professional licensure in good standing prior to the start of any session.

(e) All telecounseling sessions delivered through the Platform are encrypted end-to-end and are not saved, stored, or recorded by emotilink. Finix (the payment processor) is a certified Level 1 PCI DSS-compliant Service Provider.

(f) Chargebacks. Where a User disputes a charge with their card issuer and the dispute is resolved in the User’s favor (a “successful chargeback“) such that payment for a completed session is reversed, you bear only your proportional share of the reversed session amount, as described in Section 7(d). emotilink bears its proportional share and absorbs all associated processing, chargeback-handling, notification, and inquiry fees; no platform or payment-processing fees are passed through to you. emotilink may recover your proportional share of the reversed session amount from future payouts to you, administered through Finix. emotilink will provide you with the dispute information and a reasonable opportunity to respond before final allocation, and emotilink will not recover any amount for chargebacks caused by emotilink’s or Finix’s own error.

(g) Fraudulent transactions. Where a User’s transaction is reported as fraudulent and funds are returned to the cardholder by Finix or its sponsor bank, emotilink will work with you to determine whether the fraud was the result of platform error, User misconduct, or Provider error, and will allocate the loss accordingly. Where the loss is allocable to User misconduct (for example, identity theft), emotilink will absorb the loss to the extent reasonable and consistent with our agreement with Finix.

17. ADDITIONAL TERMS

(a) Integration. These Terms of Service, together with the BAA, AUP, Privacy Policy, Email Policy, Session Minimum and Cancellation Policy, Finix Terms of Service, and any Order Form, constitute the entire agreement between the parties.
(b) No Waiver. Failure to enforce any provision is not a waiver.
(c) Severability. Invalid provisions shall be reformed to the maximum extent permitted.
(d) Headings. For reference only.
(e) Assignability. emotilink may freely assign these Terms (including to any successor in a merger, acquisition, or sale). You may not assign without our consent.
(f) Survival. Sections 3 (Indemnification), 5(c) (Provider warranties — to the extent of accuracy at the time of warranty), 9 (HIPAA), 10(d) (Emergency indemnification), 15 (Finix), 16(f)-(g) (Chargebacks and Fraudulent Transactions), 17, 18, and 19 survive termination of these Terms.

18. CHOICE OF LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles.

19. 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.

19.1 Agreement to Arbitrate

You and emotilink agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, 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 19.5. This agreement to arbitrate is governed by the Federal Arbitration Act.

19.2 Informal Resolution

Before initiating arbitration, you and emotilink agree to attempt to resolve any Dispute informally for at least sixty (60) days. 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.

19.3 Arbitration Rules and Forum

Arbitration shall be administered by the American Arbitration Association (“AAA”) under the AAA Commercial Arbitration Rules then in effect. 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.

19.4 Arbitration Fees

Each party shall bear its own costs and attorneys’ fees, except that the prevailing party shall be entitled to recover reasonable costs and attorneys’ fees as the arbitrator may award. AAA filing, administrative, and arbitrator fees shall be allocated by the arbitrator under the AAA Commercial Arbitration Rules.

19.5 Carve-Outs from Arbitration

The following claims are not subject to mandatory arbitration:

(a) Injunctive relief for intellectual property or breach of confidentiality.
(b) Provisional remedies in aid of arbitration available under applicable law.

19.6 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.

19.7 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 the parties will identify ten (10) bellwether cases to be arbitrated first, with the remainder stayed pending the bellwether outcomes and subsequent mediation.

19.8 Right to Opt Out

You have the right to opt out of the arbitration provisions of this Section 19 by sending written notice within thirty (30) days after you first accept these Terms of Service 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 subject “Arbitration Opt-Out.”

19.9 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.

19.10 Severability

If any provision of Section 19 is held invalid, the remaining provisions remain in effect, except that if the Class Action Waiver in Section 19.6 is held unenforceable as to a particular Dispute, the entirety of Section 19 shall be unenforceable as to that Dispute (which proceeds in the courts identified in Section 19.9).

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