These Terms of Service (“Terms”) govern your access to and use of Bilateral Mind’s products and services (EMDR Tappers), including our websites, mobile and wearable applications, and related materials (collectively, the “Services”). “Bilateral Mind (EMDR Tappers)” (“we”, “us”, or “our”) provides the Services. By using the Services, you agree to these Terms.

1. Who we are and how to contact us

Bilateral Mind (EMDR Tappers)
1014 Broadway #1420
Santa Monica, CA 90403
Email: contact@emdrtappers.com

2. Acceptance and eligibility

• You must be at least 13 years old (or older where required by law). If you are under 18, you must have a parent/guardian’s consent.
• By using the Services, you represent you have the authority to accept these Terms.

3. The Services and roles

• The Services provide bilateral stimulation tools and session orchestration features. We do not provide medical advice or clinical care.
• There are two user roles:
  • Consumers/Individuals
  • Therapists/Clinics.
• Therapists/Clinics must execute our Business Associate Agreement (“BAA”) during onboarding to enable therapist features. Consumers do not sign a BAA. See our current BAA in the app and at our legal page

4. No medical advice; emergencies

The Services are not medical care and are not a substitute for professional diagnosis or treatment. Do not use the Services for emergencies. Call your local emergency number in urgent situations.

5. Therapist responsibilities (professional use)

• You are solely responsible for your licensure, clinical judgment, supervision, and compliance with applicable laws and standards.
• You must complete BAA acceptance to enable therapist features and you remain responsible for client authorizations/consents.
• You must configure the Services appropriately and avoid entering unnecessary patient identifiers where feasible.

6. Consumer responsibilities (self‑guided use)

• Use the Services responsibly and discontinue use if you experience distress. Consult a qualified professional as needed.
• Avoid entering personal health information into free‑text fields.

7. Accounts and security

You are responsible for your account credentials and all activity under your account. Notify us if you suspect unauthorized access.

8. Subscriptions and billing

• Payments may be processed via Apple App Store, Google Play Store, or Stripe as applicable.
• Subscription terms, renewals, and refunds are governed by the terms of the applicable processor (e.g., Apple/Google). We do not control store refunds.
• Taxes may apply based on your location.

8.1 Stripe refunds (web purchases)

For purchases processed directly via Stripe on the web, we may, at our discretion, issue refunds requested within fourteen (14) days of purchase. This policy does not apply to purchases made via Apple or Google app stores.

9. Acceptable use

You agree not to:

• Use the Services for unlawful, harmful, or deceptive purposes
• Upload content that infringes others’ rights or is unlawful
• Interfere with or disrupt the Services, probe or scan systems, or bypass security
• Reverse engineer or copy the Services except as permitted by law

No scraping or automated access

You may not scrape, crawl, harvest, or use automated means to access, copy, or index the Services or Resource Library content.

9A. Session invitations and security

Do not share or redistribute session invitation links or codes beyond their intended recipients. You are responsible for the security of invitations you issue; promptly revoke or regenerate links/codes you believe were exposed.

10. Your content

• You may enter session labels, notes, and settings (“User Content”). You grant us a limited license to host, process, and display User Content solely to provide the Services.
• You represent you have the rights to the User Content you submit and that it does not violate law or third‑party rights.
• Session history and storage: Session history, settings, and logs are provided for convenience and are not a medical record. We do not guarantee storage, availability, or long‑term retention of any User Content or history. You are responsible for retaining copies of any information you need to keep.

10A. Licensed content and Resource Library

• The Services include a library of audio and other content (the “Resource Library”). Subject to these Terms and your subscription, we grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use Resource Library content within the Services for personal or professional use in accordance with applicable law.
• You may not copy, download (other than temporary device‑level caching necessary for ordinary use), redistribute, publicly perform, broadcast, resell, or create derivative works from Resource Library content, except as expressly permitted by us in writing.
• You may not remove watermarks, bypass DRM or technical protection measures, or use Resource Library content to train AI/ML models without our prior written consent.

11. Privacy

Our Privacy Policy explains how we collect and use information. For therapists under a signed BAA, HIPAA governs PHI processed under that relationship. For consumer/self‑guided use, HIPAA generally does not apply. See our Privacy Policy.

12. De‑identified data and improvements

We may create and use de‑identified/aggregate data to maintain, analyze, and improve the Services and for other purposes not prohibited by law. We will not attempt to re‑identify such data.

12A. Fair use and usage limits

We may implement reasonable usage limits, rate limiting, device limits, or quota controls to protect the performance and security of the Services. We may throttle, suspend, or restrict use that negatively impacts the Services or violates these Terms.

13. Third‑party services

The Services may rely on third‑party providers (e.g., app stores, hosting, payments). We are not responsible for third‑party terms or services.

14. Changes to the Services and Terms

We may modify the Services and these Terms. If changes are material, we will provide notice as required by law. Continued use after changes means you accept the updated Terms.

14A. Beta and experimental features

From time to time, we may offer beta, preview, or experimental features. Such features are provided “as is,” may be subject to additional terms, and may be modified or discontinued at any time.

15. Termination

• You may stop using the Services at any time.
• We may suspend or terminate access (in whole or part) if you violate these Terms, if required by law, or to address security or operational risks.

16. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. Use is at your own risk.

17. Limitation of liability

• TO THE FULLEST EXTENT PERMITTED BY LAW: WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
• OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) AMOUNTS YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) $100.

18. Indemnity

You will indemnify and hold us harmless from claims arising out of your misuse of the Services, your content, or your violation of these Terms or law.

19. Governing law and venue

These Terms are governed by California law, without regard to conflict‑of‑law rules. Exclusive venue for disputes is in the state or federal courts located in Los Angeles County, California.

20. App store terms and third‑party beneficiaries

• If you downloaded the app from Apple’s App Store or Google Play, your use of the app is also subject to the applicable store’s terms and policies. In the event of a conflict related to billing, subscriptions, or refunds for purchases made through a store, the store’s terms govern.
• You acknowledge that Apple and Google (and their subsidiaries) are third‑party beneficiaries of these Terms and may enforce these Terms against you as they relate to your licensed use of the app.

20A. Copyright complaints

If you believe content available through the Services infringes your copyrights, please email contact@emdrtappers.com with your contact information, a description of the work you claim is infringed, the location of the allegedly infringing material, and a statement that you have a good‑faith belief that the use is not authorized.

21. Class action waiver

YOU AND WE AGREE THAT CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

22. Limitation period

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR COULD REASONABLY HAVE BEEN DISCOVERED, OR ELSE BE PERMANENTLY BARRED.

23. Export controls

You agree to comply with all applicable U.S. and international export control and sanctions laws and regulations. You represent you are not located in a restricted country and are not a prohibited party under such laws.

24. Notice-and-takedown (infringing/abusive content)

We may remove or disable access to content that we reasonably believe violates these Terms or others’ rights. If you believe content is infringing or abusive, contact us at contact@emdrtappers.com with details sufficient for us to identify the material.

25. Contact

Questions about these Terms? Contact: contact@emdrtappers.com