remotEMDR Ltd. (“remotEMDR”, “we”, “us” or “our”) provides content, functionality and other products and services for certified Eye Movement Desensitization and Reprocessing (“EMDR”) therapists, Developmental Needs Meeting Strategy (“DNMS”) therapists, Accelerated Resolution Therapy (“ART”) therapists, and trainees under the direct supervision of certified EMDR and DNMS therapists (“Providers”) and their patients (“Patients”) by way of our website at www.remotEMDR.com (the “Website”), our mobile application (“App”), and through use of our proprietary online EMDR therapy tools accessed through the Website and the App, including our videoconferencing and video recording features, our Provider record keeping tools (the “remotEMDR Tools”) during an EMDR therapy session with a Provider (an “EMDR Session“), and our networking platform for Providers (the “Provider Referral Network”).” The Website, the App, the remotEMDR Tools, and the Provider Referral Network are referred to collectively herein as the “Services”. By accessing, browsing, and/or using the Services, You acknowledge that You have read and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, found at remotEMDR.com/privacy, which is incorporated herein.
Only Providers are permitted to register for an account via the Website or App to use the remotEMDR Tools with their Patients in EMDR Sessions. Patients are not permitted to register for an account to use the Services.
ACCESS TO, AND USE OF, THE SERVICES BY PROVIDERS, PATIENTS, AND ANY OTHERS (COLLECTIVELY, “YOU, “YOUR,” or “USER”) ARE SUBJECT TO YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If You do not agree to the Terms, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see “Changes to these Terms” below.). By accessing, browsing and/or using the Services after updates to these Terms have been posted, You agree to be bound by the updated Terms.
You acknowledge that You are either 18 years of age or older, possess legal parental or guardian consent, or are a parent or guardian accepting these Terms on behalf of Yourself and Your child.
If You are the parent or guardian of a Patient that is under 18 years old, then such Patient may not participate in an EMDR Session with a Provider unless You have executed all required written consents required by the Provider, are in the same room as the Patient during the entire EMDR Session and only if You initiate each EMDR Session with the Provider.
You further acknowledge that You are fully able and competent to enter into, and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. However, even if You are not competent to enter into a legal agreement, if You knowingly accept and enjoy the benefits of the Services and the Website, then You will be deemed bound to the undertakings in the Terms.
Provider is required to comply with all laws, accreditation, medical or other board rules, or other rules and regulations applicable to the administration of EMDR therapy to Patients using the Services. Your relationship with Patients is directly between You and the Patient.
Provider is solely responsible for all agreements, consents, notices and other interactions with Patients. Provider hereby agrees to obtain affirmative consent from Patients prior to making a video or audio recording (a “Recording”) of an EMDR Session. Provider further agrees to ensure that technical and physical safeguards are in place in the devices used by Provider to store the Recordings to prevent the unauthorized disclosure thereof. Without limiting the generality of the foregoing, Provider is solely responsible for all billings and collections from Patients, and remotEMDR shall have no liability whatsoever to Provider concerning any amounts owed by any Patient.
The Provider will use the Services only in accordance with applicable standards of good professional practice. While the Services can facilitate and improve the quality of service that Provider offers to Patients, many factors can affect a Patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Services, and the provision of services to Patients.
As part of the Services, remotEMDR provides a platform for a Provider to communicate with Patients during an EMDR Session. remotEMDR does not provide any medical advice or professional, legal advice, or representations in any way regarding any medical, professional or legal issues associated with Provider, goods or services offered by Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations.
As part of the Services, remotEMDR offers a platform for each Provider to promote its experience and communicate with other Providers and third parties, known as the Provider Referral Network. The Provider may provide professional, biographical, credential, and experiential information, along with a headshot photograph for the Provider’s profile on the Provider Referral Network (collectively, the “Provider Profile Information”). The Provider acknowledges and agrees that it shall provide complete, accurate, and non-misleading Provider Profile Information. If any of the Provider Profile Information is found to be false or misleading, then remotEMDR reserves the right to terminate the Provider’s account in accordance with the “Account Suspension and Cancellation” subsection in Section 6 below. By using the Provider Referral Network, the Provider consents to the publication and promotion of the Provider Profile Information, including the Provider’s name and likeness, throughout the Provider Referral Network, as well as through Google, and other search engines and platforms.
Provider should seek its own legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Website or Services in determining Provider’s compliance obligations under the law.
remotEMDR does not practice medicine, therapy, or otherwise provide any form of medical or healthcare counseling, treatment, or consultations. remotEMDR only provides use of the EMDR Tools during EMDR Sessions by Providers with Patients. Patient acknowledges that use of the Services, including the EMDR Tools, is not intended for self-treatment, and use by a Patient without a Provider is absolutely prohibited. Patient will never have a physician-patient or other professional relationship with remotEMDR.
Patient hereby acknowledges and hereby provides informed consent to the potential side effects, adverse consequences, and risk factors to Patient related to the administration of the EMDR Tools by the Provider during and after an EMDR Session (the “Side Effects”), which include, but are not limited to:
Patient further acknowledges and agrees that remotEMDR bears no responsibility for the occurrence of any of the Side Effects and expressly waives any claims against remotEMDR for (i) the occurrence of any such Side Effects; and (ii) any consequential or incidental occurrences causing damages arising out of, or relating to, the occurrence of any such Side Effects.
remotEMDR reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice, including to change, modify, add to, update or remove terms and conditions.
By continuing to use the Services after we have posted an updated version of the Terms, You are affirming that You agree to be bound by the amended Terms. If the Terms or amended Terms are not acceptable to You, your only recourse is to stop using the Services.
remotEMDR reserves the right, in its sole discretion, to modify or discontinue offering the Services, in whole or in part, including any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to You.
We may from time to time develop and provide updates for the Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features, functionality, tools or content (collectively, "Updates"). Updates may also modify or delete features, functionality, tools or content in their entirety.
You agree that remotEMDR has no obligation to provide any Updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuance or deletions for the Services.
Before a Provider may use the remotEMDR Tools, Provider will be required to register for a user account. Only Providers, and not Patients or any others, may register to create an account with remotEMDR.
No Provider may have more than one active account at any given time.
Provider agrees to provide complete, accurate and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date. Please note that the name and contact information that You submit when You register may be used and shared with our payment processing services provider and otherwise used in accordance with our Privacy Policy.
When You create your account, You will be asked to create a username and password, which You will be solely responsible for safeguarding. We encourage You to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your remotEMDR account. You agree not to disclose your username or password to any third party, and You agree to notify remotEMDR immediately at info@remotEMDR.com of any unauthorized use of your account.
During the account set-up and throughout your use of the Services, You will be provided with the option to upload a headshot photograph of yourself (a “Headshot”) to be used throughout the Services for professional biographical and promotional purposes. You are not required to upload a Headshot. If you elect to upload a Headshot, then by accepting these Terms, You consent and approve the upload, storage, and display throughout the Services of the Headshot, your name, likeness, and images.
You further acknowledge and agree that You will be solely responsible for any activities or actions on or through your account, whether or not You have authorized such activities or actions. remotEMDR cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
We reserve the right to suspend or terminate the accounts of Users who fail to comply with the Terms, including failure to pay fees when due as set forth in the "Fees and Payment Terms", failure to comply with the terms and conditions regarding User conduct, and failure to provide true and correct Provider Profile Information in accordance with Section 3 above, as set forth in the “General User Conduct” section below.
Provider agrees to pay the monthly subscription fee(s) at the rates in effect when the charges are incurred, including any applicable taxes. Any change in the subscription fee(s) will go into effect for the next billing period after we provide notice of the change.
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
PROVIDER IS RESPONSIBLE FOR PROVIDING remotEMDR WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS AND FOR THE TIMELY PAYMENT OF ALL FEES. remotEMDR’s third party payment processor will automatically charge the credit card or payment account associated with your account at the beginning of the billing period, and billing will recur automatically at monthly intervals until You change or terminate your account.
If remotEMDR’s third party payment processor is unable to successfully charge your credit card or payment account for fees due, we reserve the right to revoke or restrict access to your account, or terminate your account. If You terminate your account for any reason or if we terminate your account due to your breach, such termination will be effective immediately, and You will not receive a refund for any amounts already paid for the current billing period. You agree to reimburse us for any collection costs and interest for any overdue amounts.
We may contact You via email regarding your account, for reasons including, without limitation, a problem with your credit card or payment account.
If You receive a free trial offer for a specific time period, You will not be charged during such free trial period. If we request your credit card information as part of the free trial registration process, then the subscription fee will be automatically charged to the credit card associated with your account for the subsequent period upon conclusion of the free trial period, in advance, in accordance with the “Subscriptions” terms stated above.
Thereafter, You will be charged at monthly intervals until You decide to cancel. Please make a note of when your free trial will expire as You may not receive additional notice prior to the automatic charge if You do not cancel before the free trial period expires. Free trials are limited to one per person. If You attempt to register for a second free trial offer, remotEMDR will automatically charge your credit card in accordance with the “Subscriptions” terms stated above. If You do not wish to pay the applicable fees for a subscription, You should cancel your account before the free trial period ends and not complete any subsequent registration for a subscription.
All fees and charges are nonrefundable.
Users may not:
remotEMDR reserves the right to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law.
Without limiting the foregoing, You acknowledge that remotEMDR has the right, but not the obligation, at any time and without prior notice, to monitor access to or use of the Services by any user, if we believe in good faith that it is reasonably necessary (i) to comply with any law or regulation or satisfy any legal process or governmental request (for example, a subpoena, warrant, order or other requirement of a court, administrative agency or other governmental body), (ii) to respond to claims asserted against remotEMDR, (iii) to enforce and to ensure a user's compliance with the Terms, including the investigation of potential violations, (iv) to conduct risk assessments, and prevent, detect and investigate incidents of fraud, security and technical issues, (v) to protect the rights, property or safety of remotEMDR, its users or members of the public, and (vi) for the purpose of operating and improving the Services (including for customer support purposes).
You agree to cooperate with and assist remotEMDR and its representatives in good faith, in any such investigations, including by providing us with such information as we may reasonably request.
We may, in our discretion, without liability to You and without limiting our other remedies, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your account in response to a suspected breach of the Terms, and take technical and legal steps to prevent You from using our Services. If remotEMDR has suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to remotEMDR’s reasonable satisfaction.
Once your account is terminated, remotEMDR will have the right, but not the obligation to delete any or all of the information and content submitted, uploaded or otherwise provided by You.
The Services, including any and all Websites and Apps, and all features, functionality, tools and content thereof, are protected by copyright, trademark, patent and other laws of the United States and other countries. You acknowledge and agree that the Services, and all intellectual property rights therein are the exclusive property of remotEMDR and/or its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Services.
Without limiting the foregoing, You acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with remotEMDR (the "remotEMDR Marks") are the property of remotEMDR, and that You are not permitted to use the remotEMDR Marks without our prior written consent.
Subject to your compliance with the Terms, remotEMDR grants You a limited non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Services, for professional use only. This license is granted for the sole purpose of enabling You to use the Services as provided by remotEMDR in the manner permitted by the Terms.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Services in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of remotEMDR or the intellectual property owner, as applicable.
This foregoing license is subject to modification or revocation at any time at remotEMDR's sole discretion.
No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by remotEMDR or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to You by the Terms are hereby reserved.
We welcome and encourage You to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Services ("Feedback"). You may submit Feedback by e-mailing us, at info@remotEMDR.com. You acknowledge and agree that all Feedback You give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of remotEMDR. Without limiting the foregoing, You acknowledge that your Feedback may be disseminated or used by remotEMDR or its affiliates for any purpose whatsoever, including developing, improving and marketing products.
You hereby irrevocably transfer and assign to remotEMDR all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights You may have in such Feedback.
You are solely responsible for any fees or charges incurred to access the Services through an Internet access provider or other third party, including without limitation data charges incurred if You are not connected to Wi-Fi access, charges to receive SMS messages or other mobile access, which may be billed to You or deducted from your prepaid balance by your mobile provider. You agree that remotEMDR is not liable in any way for any third party charges.
The Services may provide links to third-party websites, resources or services. You acknowledge and agree that remotEMDR is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by remotEMDR of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services.
We will not be responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products or services available on or through such websites or services.
The App may be available for download from one or more third party app stores which are not owned or operated by remotEMDR. When downloading, installing, accessing, using or browsing the App, You must comply with any applicable third party terms and conditions, including any End User License Agreement, your mobile device agreement or any wireless data service agreement, and ensure that your use of the App is not in violation of any such terms or conditions.
You represent and warrant to remotEMDR that:
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, remotEMDR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SERVICES, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.
remotEMDR MAKES NO REPRESENTATION, WARRANTY, OR COVENANT THAT THE SERVICES, INCLUDING THE REMOTEMDR TOOLS, WILL ACHIEVE ANY EFFECT, IMPROVEMENT, OR OUTCOME ON ANY PATIENT.
remotEMDR MAKES NO REPRESENTATION, WARRANTY, OR COVENANT THAT PROVIDER PROFILE INFORMATION OF ANY PROVIDER IS TRUE, ACCURATE, COMPLETE, OR NON-MISLEADING.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
Provider releases remotEMDR and waives all potential claims against remotEMDR as a result of the Provider’s use of the Services, and the provision of services to Provider’s Patients. As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold remotEMDR harmless from any claim by or on behalf of any Patient of Provider or its personnel, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a Patient, which is brought against remotEMDR, regardless of the cause if such claim arises for any reason whatsoever, out of the use or operation of the Services.
Provider will obtain remotEMDR’s prior written consent to any settlement or judgment in which Provider agrees to or which otherwise provides or implies any finding of fault of remotEMDR or any defect in the Services. remotEMDR will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense at Provider’s expense. remotEMDR reserves the right to appear and defend any actions in which it is named as a party. Provider agrees to pay and reimburse remotEMDR's costs and expenses (including reasonable attorney's fees) incurred in connection with such a suit.
You agree to release, indemnify, and hold remotEMDR as well as its parents, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively "indemnify" or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i)your access to or use of the Services, including any and all features, functionality, tools, content and promotions available on and through the Services, (ii) any interactions with any other person as a result of your use of the Services, (iii) your breach of the Terms or the documents incorporated therein, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iv) your gross negligence or willful misconduct.
If Provider is a “Covered Entity” as defined under the Administrative Simplification section of the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act and their implementing regulations as amended from time to time, including, without limitation, the Standards for Privacy of Individually Identifiable Health Information at 45 C.F.R. Part 160 and Part 164, Subparts A and E, and the Security Standards at 45 C.F.R. Part 160 and Part 164, Subparts A and C (collectively, “HIPAA”), then Provider agrees and undertakes to comply with the applicable provisions of HIPAA.
Further to such compliance, Provider agrees to fully comply with any and all requests by remotEMDR related to remotEMDR’s compliance requirements pursuant to HIPAA.
Provider further agrees to execute a Business Associates Agreement with remotEMDR.
Provider agrees that all agreements can be entered into and signed electronically in accordance with applicable law, and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notice or other communications be in writing.
The Terms shall be governed by and interpreted in accordance with the laws of the state of New York, USA, without regard to conflict of law principles.
You and remotEMDR agree that any and all disputes will be brought in the federal or state courts located in New York County, New York, USA, and each agrees that such courts shall have exclusive jurisdiction and venue for any such actions. You hereby consent to personal jurisdiction and venue in the courts located in New York County, New York, and consent to service of process by email, text, or other manner of services that is reasonably calculated to provide You with actual notice of any legal proceedings. remotEMDR may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
The Terms shall be governed by and interpreted in accordance with the laws of the state of Israel, without regard to conflict of law principles.
You and remotEMDR agree that any and all disputes will be brought in the competent courts located in Tel Aviv, Israel, and each agrees that such courts shall have exclusive jurisdiction and venue for any such actions. You hereby consent to personal jurisdiction and venue in the courts located in Tel Aviv, Israel, and consent to service of process by email, text, or other manner of services that is reasonably calculated to provide You with actual notice of any legal proceedings. remotEMDR may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
The Terms shall be governed by and interpreted in accordance with the laws of Ireland, without regard to conflict of law principles.
You and remotEMDR agree that any and all disputes will be brought in the competent courts located in the Republic of Ireland, and each agrees that such courts shall have exclusive jurisdiction and venue for any such actions. You hereby consent to personal jurisdiction and venue in the courts located in the Republic of Ireland, and consent to service of process by email, text, or other manner of services that is reasonably calculated to provide You with actual notice of any legal proceedings. remotEMDR may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Our collection and use of information about Users is governed by our Privacy Policy, incorporated herein by reference.
These Terms and our Privacy Policy constitute the entire and exclusive understanding and agreement between You and remotEMDR regarding Your access to and use of the Services, including the App, Website and remotEMDR Tools, and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between You and remotEMDR regarding the subject matter hereof.
You may not assign, transfer, delegate or sublicense any of your rights or obligations under the Terms, including by operation of law or merger or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment, transfer, delegation or sublicense without the foregoing consent will be null and void. remotEMDR may assign, transfer, delegate and/or sublicense our rights and obligations under the Terms, in whole or in part, in its sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by remotEMDR (i) via e-mail (in each case to the address that You provide), or (ii) by posting to the Website or via the App. For notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt.
Our failure to exercise any right or enforce any obligation under these Terms of Use or to take action with respect to a breach by You or others will not constitute a waiver of such right, obligation or breach. The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorized representative of remotEMDR. In addition, no waiver granted in any instance shall constitute a waiver in any other instance.
Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.
The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.
If You have any questions or concerns, please contact remotEMDR at info@remotEMDR.com, or by phone +972-52-4607636.
You can also write to us at: