Last Updated: January 2024
Welcome to EMDRly. These Terms of Service ("Terms") govern your access to and use of the EMDRly application, website, and related services (collectively, the "Service"). Please read these Terms carefully before using our Service.
By accessing or using EMDRly, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
1. Description of Service
EMDRly is a supportive companion application designed to help individuals who are undergoing Eye Movement Desensitization and Reprocessing (EMDR) therapy. The Service provides:
- Journaling and memory recording features
- Post-therapy session check-ins
- Dream journaling capabilities
- Progress tracking tools
- Calendar integration for therapy appointments
- Communication features between patients and their healthcare providers
2. Important Disclaimers
2.1 Not a Medical Service
EMDRly is NOT a medical device, diagnostic tool, or treatment service. The Service is intended solely as a supportive journaling and tracking tool to complement—not replace—professional mental health treatment. EMDRly does not provide medical advice, diagnosis, or treatment of any kind.
2.2 Not a Replacement for Therapy
EMDRly is designed to be used alongside professional EMDR therapy with a licensed mental health provider. The Service should never be used as a substitute for professional mental health care, crisis intervention, or emergency services.
2.3 Not an EMDR Treatment Tool
EMDRly does not deliver EMDR therapy or any EMDR-like therapeutic interventions. The Service does not include bilateral stimulation, eye movement protocols, or any other component of EMDR treatment. All EMDR treatment should be conducted by a trained and licensed professional.
2.4 No Affiliation
EMDRly is not affiliated with, endorsed by, or associated with the EMDR International Association (EMDRIA), the EMDR Institute, Francine Shapiro, or any other EMDR organization, training body, or certification program.
3. Eligibility
To use EMDRly, you must:
- Be at least 18 years of age, or have parental/guardian consent
- Be capable of entering into a binding legal agreement
- Not be prohibited from using the Service under applicable law
For healthcare provider accounts, you must also be a licensed mental health professional in good standing with your licensing board.
4. Account Registration
To access certain features of the Service, you may need to create an account. You agree to:
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Promptly notify us of any unauthorized access or security breach
- Accept responsibility for all activities under your account
5. User Responsibilities
5.1 Appropriate Use
You agree to use the Service only for its intended purpose as a supportive tool for EMDR therapy journaling and tracking. You will not:
- Use the Service as a substitute for professional mental health care
- Rely on the Service for crisis intervention or emergency support
- Use the Service to attempt self-treatment of mental health conditions
- Share your account credentials with others
- Attempt to reverse engineer, decompile, or hack the Service
- Use the Service in any way that violates applicable laws
5.2 Healthcare Provider Responsibilities
Healthcare providers using EMDRly agree to:
- Maintain all professional licensure and ethical obligations
- Use the Service in compliance with HIPAA and applicable privacy laws
- Not rely solely on EMDRly data for clinical decision-making
- Maintain appropriate professional boundaries when using the Service
6. Crisis Situations
EMDRly is not equipped to handle crisis situations. If you are experiencing a mental health emergency, suicidal thoughts, or thoughts of self-harm, please:
- Call 988 (Suicide & Crisis Lifeline)
- Text HOME to 741741 (Crisis Text Line)
- Call 911 or go to your nearest emergency room
- Contact your mental health provider directly
While EMDRly includes links to crisis resources, the Service is not a crisis intervention tool and should not be relied upon in emergency situations.
7. Data and Privacy
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information. Key points include:
- Personal journal data is stored locally on your device
- We do not sell your personal information
- AI features use anonymized data only
- Healthcare provider communications use anonymized client codes
8. Subscription and Payment
8.1 Pricing
EMDRly offers various subscription plans as described on our Pricing page. Prices are subject to change with notice.
8.2 Billing
Subscriptions are billed in advance on a monthly or annual basis. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel.
8.3 Cancellation
You may cancel your subscription at any time through your account settings. Upon cancellation:
- You retain access until the end of your current billing period
- No refunds are provided for partial billing periods
- Your data remains on your device and can be exported
8.4 Free Trials
We may offer free trials for new users. At the end of a trial, your subscription will begin unless you cancel before the trial expires.
9. Intellectual Property
The Service, including all content, features, and functionality, is owned by EMDRly and protected by intellectual property laws. You may not:
- Copy, modify, or distribute any part of the Service
- Use our trademarks without permission
- Remove any copyright or proprietary notices
You retain ownership of all content you create within the Service (journal entries, memories, etc.).
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- EMDRly IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
- WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
- WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
- OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE PAST 12 MONTHS
Some jurisdictions do not allow limitations on implied warranties or liability, so the above limitations may not apply to you.
11. Indemnification
You agree to indemnify and hold harmless EMDRly, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.
12. Changes to Terms
We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.
13. Termination
We may suspend or terminate your access to the Service at any time for:
- Violation of these Terms
- Conduct that we believe is harmful to other users or the Service
- Extended periods of inactivity
- Requests by law enforcement or government agencies
14. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Delaware.
15. Dispute Resolution
Before filing any legal claim, you agree to attempt to resolve disputes informally by contacting us. If informal resolution fails, you agree to binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property violations.
16. Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
17. Entire Agreement
These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and EMDRly regarding the Service.
18. Contact Information
If you have questions about these Terms, please contact us at:
EMDRly
Email: legal@emdrly.com
By using EMDRly, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.