Terms of Service

Last updated: 5 Dec, 2025

These Terms of Service (“Terms” or “Agreement”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Bilateral Mind, a fictitious business name of Datawash Inc., a corporation organized under the laws of California with its principal place of business at 1014 Broadway #1420, Santa Monica, CA 90403 (“Company,” “we,” “us,” or “our”). These Terms govern your access to and use of the EMDR Tappers digital therapy platform, including our website, mobile applications (iOS and Android), Apple Watch application, and related services (collectively, the “Platform” or “Licensed Application”).

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. BY ACCESSING, DOWNLOADING, INSTALLING, OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PLATFORM.

1. PLATFORM OVERVIEW AND SCOPE

1.1 Service Description

The EMDR Tappers Platform is a comprehensive digital therapy solution designed to facilitate Bilateral Stimulation and Eye Movement Desensitization and Reprocessing (EMDR) therapy through:

Web Application: Browser-based therapy session management and delivery
Mobile Applications: iOS and Android apps for therapy sessions and device synchronization
Apple Watch Application: Haptic feedback and session companion features
Real-Time Synchronization: WebSocket and WebRTC technology for multi-device coordination
Session Management: Tools for therapists to create, manage, and share therapy sessions
Client Connection: Secure invitation systems for patient participation

1.2 User Categories

The Platform serves two primary user categories:

Healthcare Providers (“Therapists”): Licensed mental health professionals using the Platform to deliver EMDR therapy
Patients/Clients/Practitioners (“Clients”): Individuals seeking Bilateral Stimulation tools or receiving therapy services through the Platform

1.3 Technology Components

Our Platform utilizes advanced technologies including:

Multi-device synchronization via WebSocket/Socket.io
Peer-to-peer audio/video through WebRTC
Real-time haptic feedback coordination
Cloud-based session persistence and recovery

1.4 Free and Premium Features

The Platform offers core BLS/EMDR therapy functionality at no cost. Premium subscriptions provide access to additional features and customization options. The core therapeutic functionality remains accessible to all users regardless of subscription status.

2. ACCEPTANCE AND MODIFICATIONS

2.1 Acceptance

Your use of the Platform constitutes acceptance of these Terms. Additional terms may apply to specific features or services, including subscription services.

2.2 Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes through the Platform or via email at least thirty (30) days before such changes take effect. Your continued use of the Platform after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform before the changes take effect.

2.3 Additional Agreements

Healthcare providers are required to execute a Business Associate Agreement (BAA) under HIPAA if handling Protected Health Information (PHI) through the Platform.

2.4 Third-Party Terms

When using the Platform, you must comply with all applicable third-party agreements, including but not limited to your wireless data service agreement, mobile device terms, and any applicable app store terms.

3. ELIGIBILITY AND ACCOUNT REQUIREMENTS

3.1 General Eligibility

You must be at least 18 years old and have the legal capacity to enter into these Terms. If you are accessing the Platform as a patient under 18, your parent or legal guardian must agree to these Terms on your behalf and supervise your use of the Platform.

3.2 Professional Requirements (Therapists)

Healthcare providers using the Platform represent and warrant that they:

Hold current, valid licenses to practice mental health services in their jurisdiction
Are authorized to provide EMDR therapy in their practice location
Maintain appropriate professional liability insurance
Comply with all applicable healthcare regulations and standards of care

3.3 Account Security

Users are responsible for:

Maintaining the confidentiality of account credentials
All activities that occur under their account
Immediately notifying us of any unauthorized access
Using strong passwords and enabling available security features

3.4 Legal Compliance Representation

By using the Platform, you represent and warrant that:

You are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country
You are not listed on any U.S. Government list of prohibited or restricted parties
You will comply with all applicable laws and regulations in connection with your use of the Platform

4. PLATFORM USAGE AND RESTRICTIONS

4.1 Permitted Uses

Subject to these Terms, you may use the Platform to:

Participate in authorized therapy sessions (as therapist or client)
Access therapy-related resources and materials
Synchronize devices for therapy delivery
Manage session settings and preferences

4.2 Prohibited Uses

You may not use the Platform to:

Provide therapy services without proper licensing or authorization
Store, transmit, or share illegal, harmful, or inappropriate content
Interfere with Platform security, functionality, or other users’ access
Reverse engineer, decompile, disassemble, modify, or create derivative works of the Platform
Use automated systems (bots, scrapers) to access the Platform
Circumvent any Platform security measures or access controls
Share session invitation links beyond their intended recipients
Use the Platform for emergency or crisis intervention services
Rent, lease, loan, redistribute, or sublicense the Platform
Remove, obscure, or alter any proprietary notices on the Platform

4.3 Emergency Services Limitation

CRITICAL NOTICE: The Platform is NOT designed for emergency or crisis intervention. The Platform is not a substitute for emergency medical services. In case of a mental health emergency, immediately contact local emergency services (911 in the United States) or a crisis hotline. Do not rely on the Platform for urgent or emergency care.

5. LICENSE GRANT

5.1 License to Use the Platform

Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Platform on devices that you own or control, solely for your personal, non-commercial therapeutic purposes (or for professional therapeutic purposes if you are a licensed healthcare provider).

5.2 Scope of License

For iOS applications, this license is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. For Android applications, this license is limited to use on Android devices that you own or control.

5.3 License Restrictions

You acknowledge and agree that:

The Platform is licensed, not sold, to you
This license does not grant you any ownership interest in the Platform
You may not distribute, transfer, or sublicense the Platform to any third party
Company reserves all rights not expressly granted in these Terms

5.4 User Content

You retain ownership of content you create or upload (“User Content”), but grant Company a worldwide, non-exclusive, royalty-free license to use, store, reproduce, and transmit such content as necessary to provide Platform services. You represent that you have all necessary rights to your User Content and that it does not infringe any third-party rights.

5.5 Feedback

Any feedback, suggestions, or ideas you provide about the Platform may be used by Company without any obligation to compensate you or maintain confidentiality.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Platform Ownership

The Platform, including all content, features, functionality, designs, logos, trademarks, and software, is owned by Company and its licensors and is protected by United States and international intellectual property laws, including copyright, trademark, patent, and trade secret laws.

6.2 Trademarks

“EMDR Tappers,” “Bilateral Mind,” and associated logos are trademarks of Company. You may not use these marks without prior written permission.

6.3 Third-Party Components

The Platform may include third-party software components subject to separate license terms. Such terms are provided in the Platform documentation or within the application.

7. PRIVACY AND DATA PROTECTION

7.1 Privacy Policy

Your privacy is important to us. Our Privacy Policy, available at emdrtappers.com/privacy-policy and incorporated by reference into these Terms, describes how we collect, use, disclose, and protect your information.

7.2 HIPAA Compliance

For healthcare providers handling Protected Health Information (PHI), additional protections apply under our Business Associate Agreement and HIPAA regulations. Healthcare providers must execute a BAA before transmitting PHI through the Platform.

7.3 Data Security

We implement industry-standard security measures, including:

Encryption for sensitive communications
Secure data storage with appropriate access controls
Regular security assessments
Authentication and access management

7.4 Data Collection

You acknowledge that Company may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, to facilitate the provision of software updates, product support, and other services related to the Platform. Company may use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.

8. SUBSCRIPTION AND PAYMENT TERMS

8.1 Free and Premium Access

The Platform provides core BLS and EMDR therapy functionality at no cost. Premium subscription plans offer additional features and customization options. Subscription details, pricing, and included features are displayed within the Platform before purchase.

8.2 Subscription Plans

Premium subscriptions are available as:

Monthly Subscription: Billed monthly at the then-current rate
Annual Subscription: Billed annually at the then-current rate
Lifetime Access: One-time purchase for perpetual premium access

8.3 Payment Processing

iOS Devices: Payments processed through Apple App Store via Apple’s In-App Purchase
Android Devices: Payments processed through Google Play Store
Web/Desktop: Payments processed through Stripe
All payment processing is handled by the respective platform’s secure payment system

8.4 Auto-Renewal Terms

IMPORTANT AUTO-RENEWAL INFORMATION:

Monthly and Annual subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current period
Your account will be charged for renewal within 24 hours prior to the end of the current period
The renewal price will be the then-current subscription price
You may cancel auto-renewal at any time through your account settings:
- iOS: Go to Settings > [Your Name] > Subscriptions > EMDR Tappers
- Android: Go to Google Play Store > Menu > Subscriptions > EMDR Tappers
- Web: Go to Account Settings > Subscription > Manage Subscription
Cancellation takes effect at the end of the current billing period; you will retain access to premium features until then
No refunds or credits will be provided for partial subscription periods

8.5 Price Changes

We may change subscription prices at any time. Price changes for existing subscribers will take effect at the start of the next subscription period following the date of the price change. We will provide you with reasonable notice of any price change. Your continued use of the Platform after the price change takes effect constitutes your agreement to pay the new price.

8.6 Refunds

iOS Purchases: Refund requests must be submitted to Apple through their standard refund process at reportaproblem.apple.com
Android Purchases: Refund requests must be submitted to Google through Google Play
Web Purchases: Refund requests should be directed to help@emdrtappers.com or through a contact form at emdrtappers.com/contact and will be evaluated on a case-by-case basis
Refunds are subject to the respective platform’s refund policies

9. CLINICAL RESPONSIBILITY AND DISCLAIMERS

9.1 Technology Platform Only

IMPORTANT: Company is a technology provider only. We do NOT provide medical advice, diagnoses, treatment recommendations, or therapeutic services of any kind. The Platform is a tool to assist licensed healthcare providers in delivering EMDR therapy.

9.2 Healthcare Provider Responsibility

Licensed healthcare providers using the Platform are solely responsible for:

All clinical judgments and treatment decisions
Patient assessment, diagnosis, and treatment planning
Ensuring appropriate use of EMDR therapy techniques
Obtaining all necessary patient consents and authorizations
Compliance with professional standards and ethical obligations
Maintaining appropriate licensing, credentials, and insurance
Emergency and crisis intervention procedures
Determining suitability of the Platform for specific patients
All aspects of the therapeutic relationship with patients

9.3 No Doctor-Patient Relationship

Company does not create, establish, facilitate, or participate in any doctor-patient, therapist-client, or other therapeutic relationship. All clinical relationships are solely between healthcare providers and their patients. Company is not a healthcare provider.

9.4 No Medical Advice

Information provided through the Platform is for general informational purposes only and does not constitute medical advice, diagnosis, or treatment. Always seek the advice of qualified healthcare professionals for any medical concerns. Never disregard professional medical advice or delay seeking it because of information obtained through the Platform.

9.5 Therapeutic Outcomes

Company makes no representations or warranties regarding therapeutic outcomes, treatment effectiveness, or clinical results. Individual results may vary, and the effectiveness of EMDR therapy depends on many factors beyond the Platform’s control.

10. DISCLAIMERS AND WARRANTIES

10.1 “AS IS” AND “AS AVAILABLE”

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE
WARRANTIES REGARDING SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE
WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

10.2 No Warranty of Results

COMPANY DOES NOT WARRANT THAT:

The Platform will meet your specific requirements or expectations
The Platform will be available at any particular time or location
Any errors or defects will be corrected
The results obtained from using the Platform will be accurate or reliable
The quality of any information or services obtained through the Platform will meet your expectations

10.3 Third-Party Services

Company is not responsible for any third-party services, content, or websites accessed through or in connection with the Platform.

10.4 Platform Availability

While we strive for high availability, the Platform may experience:

Scheduled maintenance downtime (with advance notice when practicable)
Unplanned service interruptions
Performance variations based on internet connectivity
Device-specific compatibility limitations

11. LIMITATION OF LIABILITY

11.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR:

ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES
ANY PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE PLATFORM
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM
ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL CODE TRANSMITTED THROUGH THE PLATFORM
ANY ERRORS OR OMISSIONS IN ANY CONTENT
ANY THIRD-PARTY CONDUCT OR CONTENT

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF:

THE AMOUNTS ACTUALLY PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR
ONE HUNDRED DOLLARS ($100.00)

11.3 Clinical Liability Exclusion

COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY FOR:

Therapeutic outcomes or treatment effectiveness
Clinical decisions made by healthcare providers
Patient safety during or after therapy sessions
Professional malpractice by healthcare providers using the Platform
Adverse reactions or outcomes from EMDR therapy
Failure of healthcare providers to properly use the Platform
Any harm resulting from reliance on information provided through the Platform

11.4 Essential Purpose

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11.5 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, COMPANY’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11.6 Apple Warranty Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT, IN THE EVENT OF ANY FAILURE OF THE PLATFORM TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE (FOR iOS APPLICATIONS), AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE APPLICATION TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE PLATFORM, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE COMPANY’S SOLE RESPONSIBILITY.

12. INDEMNIFICATION

12.1 User Indemnification

You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

Your violation of these Terms or any applicable laws or regulations
Your use of the Platform in a negligent, improper, or unauthorized manner
Content you submit, post, or transmit through the Platform
Your violation of any third-party rights, including intellectual property or privacy rights
Any disputes between you and any third party

12.2 Healthcare Provider Indemnification

Healthcare providers additionally agree to indemnify, defend, and hold harmless Company from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) related to:

Professional services, medical advice, or treatment decisions
Clinical malpractice or standard of care violations
Patient safety incidents during or after therapy sessions
Failure to obtain necessary patient consents or authorizations
Violation of professional licensing requirements or ethical standards
HIPAA violations or unauthorized disclosure of PHI
Any claim by a patient or third party arising from the therapeutic relationship

12.3 Indemnification Procedures

Company will provide you with prompt written notice of any claim subject to indemnification. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with Company’s defense of such claims.

13. TERMINATION

13.1 Termination by User

You may terminate your account at any time by:

Using the account deletion feature in Platform settings
Contacting support at help@emdrtappers.com
Deleting the application from your devices (note: this does not automatically delete your account)

13.2 Termination by Company

We may suspend or terminate your access immediately, without prior notice or liability, for any reason, including but not limited to:

Violation of these Terms
Illegal, fraudulent, or harmful activities
Non-payment of subscription fees
Professional license suspension or revocation (for healthcare providers)
Risk to Platform security, integrity, or other users
Extended periods of inactivity
Discontinuation of the Platform or any part thereof

13.3 Effect of Termination

Upon termination:

Your license to use the Platform immediately terminates
You must cease all use of the Platform and delete all copies
Access to your account and data will be disabled
Data may be retained according to our Privacy Policy and applicable legal requirements
No refunds will be provided for unused subscription periods except as required by applicable law
You remain liable for any amounts owed prior to termination
The following sections survive termination: Sections 5 (License Grant – as to restrictions), 6 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 13.3 (Effect of Termination), 14 (Dispute Resolution), and 15 (General Provisions)

14. DISPUTE RESOLUTION AND LEGAL TERMS

14.1 Governing Law

These Terms and any disputes arising out of or relating to these Terms or the Platform shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

14.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or relating to these Terms or the Platform shall be brought exclusively in the state or federal courts located in Los Angeles County, California. You hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

14.3 Informal Dispute Resolution

Before initiating any formal legal proceeding, you agree to first contact us at contact@emdrtappers.com and attempt to resolve the dispute informally for at least thirty (30) days. This informal dispute resolution requirement does not prevent either party from seeking injunctive or other equitable relief for ongoing harm.

14.4 Class Action Waiver

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION. You expressly waive any right to participate in class action lawsuits or class-wide arbitration against Company.

14.5 Limitation Period

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE OR COULD REASONABLY HAVE BEEN DISCOVERED, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY. FAILURE TO BRING SUCH CLAIM WITHIN THIS PERIOD SHALL PERMANENTLY BAR SUCH CLAIM.

14.6 Equitable Relief

You acknowledge that any breach or threatened breach of these Terms may cause irreparable harm to Company for which monetary damages would be inadequate, and Company shall be entitled to seek equitable relief, including injunction and specific performance, in addition to any other remedies available at law or in equity.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms, together with our Privacy Policy, any applicable Business Associate Agreement, and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Company regarding the Platform and supersede all prior and contemporaneous agreements, proposals, and communications, written or oral.

15.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

15.3 No Waiver

Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Company.

15.4 Assignment

Company may assign, transfer, or delegate these Terms and its rights and obligations hereunder, in whole or in part, at any time, including in connection with a merger, acquisition, reorganization, or sale of assets. You may not assign, transfer, or delegate these Terms or your rights or obligations hereunder without Company’s prior written consent.

15.5 Independent Contractors

The relationship between you and Company is that of independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, franchise, or employment relationship between the parties.

15.6 Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, internet outages, cyber attacks, power failures, or government actions.

15.7 Survival

All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, limitation of liability, indemnification, and dispute resolution provisions.

15.8 Electronic Communications

You consent to receive communications from Company electronically, including emails, push notifications, and in-app messages. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

15.9 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

15.10 Construction

These Terms shall not be construed against Company merely because Company drafted them. The language in these Terms shall be interpreted as to its fair meaning and not strictly for or against any party.

16. APPLE AND GOOGLE PLATFORM TERMS

16.1 Acknowledgment

You acknowledge and agree that these Terms are between you and Company only, and not with Apple Inc. (“Apple”) or Google LLC (“Google”). Company, not Apple or Google, is solely responsible for the Platform and its content.

16.2 App Store Terms

If you downloaded the Platform from the Apple App Store, you acknowledge and agree that:

These Terms are between you and Company only, and Apple is not a party to these Terms
Company, not Apple, is solely responsible for the Platform and its content
Your use of the Platform must comply with the App Store Terms of Service
Apple has no obligation to furnish any maintenance and support services with respect to the Platform
In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform to you (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Platform
Company, not Apple, is responsible for addressing any claims by you or any third party relating to the Platform or your possession and/or use of the Platform, including but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation
In the event of any third-party claim that the Platform or your possession and use of the Platform infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof

16.3 Google Play Terms

If you downloaded the Platform from Google Play, you acknowledge and agree that:

These Terms are between you and Company only, and Google is not a party to these Terms
Company, not Google, is solely responsible for the Platform and its content
Your use of the Platform must comply with Google Play’s Terms of Service
Google has no obligation to furnish any maintenance and support services with respect to the Platform
Google and Google’s subsidiaries are third-party beneficiaries of these Terms

17. SPECIAL PROVISIONS FOR INTERNATIONAL USERS

17.1 Export Controls

The Platform may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export and import laws and regulations. You may not export, re-export, or transfer the Platform except as authorized by U.S. law and the laws of the jurisdiction in which the Platform was obtained.

17.2 Data Localization

You acknowledge that your data may be processed and stored in the United States or other countries where Company or its service providers operate. By using the Platform, you consent to such transfer and processing.

17.3 Local Laws

Users outside the United States are responsible for compliance with all local laws regarding data protection, healthcare, telehealth, and technology use. The Platform may not be appropriate for use in all jurisdictions, and it is your responsibility to ensure that your use complies with local law.

17.4 European Users

If you are located in the European Union, European Economic Area, or United Kingdom, you may have additional rights under applicable data protection laws, as described in our Privacy Policy.

18. CONTACT INFORMATION

For questions about these Terms, the Platform, or to report issues, contact us at:

Bilateral Mind
1014 Broadway #1420
Santa Monica, CA 90403

Legal Inquiries: contact@emdrtappers.com
General Support: help@emdrtappers.com
Privacy Inquiries: help@emdrtappers.com

For subscription and billing inquiries:

iOS Users: Contact Apple Support or visit https://reportaproblem.apple.com
Android Users: Contact Google Play Support
Web Users: Contact help@emdrtappers.com

19. ACKNOWLEDGMENT

BY USING THE EMDR TAPPERS PLATFORM, YOU ACKNOWLEDGE THAT:

You have read and understood these Terms of Service
You agree to be bound by these Terms
You are of legal age and have the capacity to enter into these Terms
You understand that the Platform is a technology tool and not a healthcare provider
You understand the auto-renewal terms for subscriptions (if applicable)
For iOS users: Apple is a third-party beneficiary of these Terms
For Android users: Google is a third-party beneficiary of these Terms

This document represents the complete Terms of Service for the EMDR Tappers Platform and supersedes all previous agreements and understandings regarding use of the Platform.