Welcome to Emotrek. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Emotrek Inc. ("Emotrek," "we," "us," or "our"). By accessing or using our platform, you agree to be bound by these Terms and our Privacy Policy.

1. Acceptance of Terms

By creating an account and checking the relevant consent boxes during registration, you affirmatively agree to these Terms and our Data Processing Agreement. If you do not agree, you may not use our services. We may update these Terms from time to time. Continued use after changes constitutes acceptance.

2. Description of Service

Emotrek is a cloud-based platform that enables licensed mental health professionals ("Therapists") to monitor and track the emotional well-being of their clients ("Patients"). The Service includes:

A web-based therapist dashboard for patient management, mood monitoring, and clinical analytics
A mobile application for patients to submit mood check-ins, voice notes, and standardized assessments (PHQ-9)
AI-powered mood analysis, trend detection, and therapeutic recommendations
Secure invite-code-based patient linking

3. User Accounts

3.1 Eligibility

The therapist dashboard is intended for use by licensed mental health professionals. By registering, you represent that you hold a valid professional license (e.g., PsyD, LCSW, LPC, LMFT) in your jurisdiction.

3.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials. You must immediately notify us of any unauthorized access. Emotrek implements automatic session termination after 30 minutes of inactivity unless the "Remember Me" option is elected, extending the session to 8 hours.

4. HIPAA Compliance & Business Associate Agreement

4.1 BAA Applicability

If you are a "Covered Entity" or "Business Associate" under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), your use of Emotrek is governed by our standard Business Associate Agreement ("BAA"), which is incorporated into these Terms by reference.

4.2 Obligations of Emotrek as Business Associate

Use or disclose PHI only as permitted by the BAA and applicable law
Implement administrative, physical, and technical safeguards (encryption at rest and in transit, access controls, audit logging)
Report security incidents within 72 hours of discovery
Make PHI available to individuals upon request (the "Right of Access")
Return or destroy PHI upon termination, except as required by law

4.3 Your Obligations as Covered Entity

Obtain valid patient consent/authorization before entering PHI into Emotrek
Provide patients with a Notice of Privacy Practices
Ensure any disclosures of PHI through Emotrek comply with the minimum necessary standard

4.4 Formal BAA Execution

A formal BAA is available via the Google Cloud Console (IAM & Admin → Settings) for your Firebase project. You must accept the Cloud BAA before using Emotrek with PHI in a production environment.

5. Data Retention & Deletion

5.1 Clinical Data

In accordance with HIPAA regulations (45 CFR §164.530(j)), clinical records (mood entries, assessments, voice note transcripts) are retained for a minimum of 7 years from the date of creation, even if your account is deleted. This data is de-identified upon account deletion.

5.2 Account Deletion

You may delete your account at any time via Settings → Danger Zone. Upon deletion:

All personally identifiable information (name, email, practice details) is permanently erased
Your Firebase Authentication account is disabled
Clinical records are anonymized but retained per Section 5.1
This action is irreversible

6. Permitted Uses

You agree to use Emotrek solely for its intended clinical purpose. You may not:

Use the Service for emergency or crisis intervention (Emotrek is not a crisis hotline)
Reverse-engineer, decompile, or attempt to extract source code
Share, sublicense, or transfer your account to unauthorized users
Upload malicious content or attempt to compromise system security
Use the AI features as a substitute for professional clinical judgment

7. AI Features Disclaimer

Emotrek incorporates AI-powered analysis (mood trend detection, behavioral insights, therapeutic recommendations). These features are decision-support tools only and do not constitute medical advice. All clinical decisions remain the sole responsibility of the treating professional.

8. Subscription & Billing

Trial: 14-day free trial with full feature access
Pro: Paid subscription with unlimited patients
Subscriptions auto-renew unless canceled before the renewal date
Refund requests are handled on a case-by-case basis

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Emotrek SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify and hold harmless Emotrek from any claims arising from: (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any applicable law or regulation, or (d) your violation of any third-party rights.

11. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination (including Sections 4, 5, 9, 10) shall survive.

12. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law provisions. Any disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association.

13. Contact

For questions about these Terms, contact us at:

Emotrek Inc.
Email: legal@Emotrek.app
Privacy Officer: privacy@Emotrek.app