Terms & Conditions

Airapy is a marketplace website for services offered by its users.

The following terms and conditions (these "Terms of Service”), govern your access to and use of Airapy website (Airapy.io), including any content, functionality and services offered on or through www.airapy.io (the "Site”), by Airapy, LLC (Philadelphia, PA, The United States), as applicable.

This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not want to agree to these Terms of Service, you must not access or use the Site.

We are available to help at anytime and for 24/7 by contacting us via: help@airapy.io.

Definitions:

Overview

Seller/Therapist

Withdrawing Revenues

Buyer/Client

Basics

Hiring

Disputes and Cancellations

Payments, Refunds, Order Cancellations and Account Termination

All appointment fees on the Platform are quoted in USD and all Platform commissions are payable in accordance with this Agreement. There are no hidden charges and transaction costs. Buyers/Clients only pay the appointment fees that they order through the Platform and Sellers/Therapists receive their appointment sales revenue less deduction of 10% Platform Commission. Additionally, for each new Buyer/Client that makes an appointment, the Seller/Therapist pays the Platform a $25 New Client fee.

We reserve the right to modify any fees, commission payment, cancellation and refund policy at any time by amending these Terms.

The Company uses secure Stripe payment processor to process all online payments and protect both Buyers and Sellers. To learn more about Stripe’s Seller and Buyer Protection please visit https://stripe.com/privacy.

Order Cancellations by Buyers, Sellers and Refunds

Disputes

Disputes that fall outside of the scope of the above conditions will be resolved by Airapy administration.

Account Termination

You may terminate your Airapy account by contacting us at help@airapy.io . We will provide you with instructions for terminating your account. Please take note that all your data stored on the your account will be automatically removed upon termination of your account and you will not be able to reactivate your account and retrieve old data.

If you’re not using the Service appropriately, we’ll want to work with you to set things straight. But we reserve the right, if we determine it is best, to terminate, suspend and/or deactivate your account immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Site or through the Services by you or by someone using your Credentials. We may also terminate, suspend or deactivate your account for any other reason, including inactivity for an extended period. Airapy shall not be liable to you or any third party for any termination, suspension or deactivation of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such termination, suspension or deactivation (except where deactivation is due solely to inactivity, and you are permitted to create another account).

Your Responsibilities

Your Account Credentials

When you create an Airapy account, you will provide an email address and create a password (collectively, "Credentials”). You should keep your Credentials private and not share your Credentials with anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to help@airapy.io.

Your Responsibilities Generally

The Services are free, but you are still responsible for your healthcare expenses. Usual, customary and any other charges for any medical or related services rendered by Healthcare Providers will apply and will be entirely your responsibility. You are responsible for ensuring that all information that you provide to Airapy is accurate and up-to-date, including your insurance information. Some Services may not be available through Airapy or your Healthcare Provider depending upon a number of factors, including your insurance participation. Ultimately, you must resolve any dispute between you or any Healthcare Provider arising from any transaction hereunder directly with the Healthcare Provider.

You are responsible for all use of the Services and for all use of your Credentials, including use by others to whom you have given your Credentials. You may only use the Site and the Services for lawful, non-commercial purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Site and/or Services (including, without limitation, Healthcare Provider Content, appointment availability, price information, and Insurance Content) for any purpose whatsoever.

Responsibilities of Healthcare Providers and Others in the Healthcare or Medical Industries

If you are a Healthcare Provider or other person or entity in the healthcare or medical industries, regardless of whether you maintain an account with Airapy or whether you schedule or intend to schedule appointments through the Services, you acknowledge and agree that:

(a) You will not use the Services to view, access or otherwise use, directly or indirectly, price, availability, or other Content for any purpose other than your own personal use as a Client or prospective Client.

(b) You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation.

(c) You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.

User Generated Content

User Generated Content ("Content”) refers to any and all content uploaded, posted, showcased or listed on the public areas of Platform by Users.

Confidentiality of Buyer’s Information

The Seller agrees to hold all Buyer confidential information in strict confidence and only use such information for the purposes of order delivery. For the purposes of this agreement Confidential Information includes but is not limited to: written scripts, contracts or similar content provided by the Buyer to the Seller to enable the Seller to deliver the session as ordered by the Buyer.

Confidential Information will not include any information which:

  1. is or becomes generally known to the public by any means other than a breach of the obligations of the Seller;
  2. was previously known to the Seller or rightly received by the Seller from a third party;
  3. is independently developed by the Seller;
  4. is subject to disclosure under court order or other lawful process; or Seller agrees not to make Buyer’s confidential information available in any form to any third party or to use such Confidential Information for any purpose other than as specified in this Agreement. All Buyer confidential information shall remain the sole and exclusive property of the Buyer.

We respect copyrights of others and do not condone any violations of copyright laws. As a User you are under obligation not to upload, download, post, transmit, reproduce, republish, sell, resell or distribute or in any way access or make available any content that is protected by copyright laws without the the express permission to use such content from the authorized person. You may not use any copyrighted material on the Platform for any purpose other than for which you have full rights. If we find that our User has violated a copyright of another person or entity, we reserve the right to immediately terminate such User’s access to our Platform and take any other appropriate remedial actions that we in our sole discretion deem fit.

If you believe that your copyrighted material or content is posted, uploaded or made accessible through our Platform without your authorization, please contact us via email stated below of and provide us with the following information:

Buyers and Sellers Obligations

You represent and warrant to the Company that you have the legal right to use any content that you upload, post, buy, sell or share through the Platform.

You agree that:

The Platform may include links to third party websites. If you click on any such link, you may be redirected to third-party websites that are neither owned nor operated by us. We do not review these third-party websites and assume no responsibility for any content available on such third-party website. We do not endorse nor make any representation about any third-party websites, or any content, products or services available therein, or the results of use of such third-party websites. You are advised to carefully review the terms and conditions and privacy policy of such third-party websites that govern your use of their services. Your decision to access any of the third party website linked to our Platform is entirely at your own risk.

Feedback

We appreciate our Users and love to hear their views. If you would like to share your feedback and suggestions about how we can improve our Platform Services, please submit your feedback to email address given below. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.

Contact us email: help@airapy.io.

Disclaimer

ALL TRANSACTION AGREEMENTS ARE BETWEEN BUYERS AND SELLERS ONLY. AT NO TIME WILL THE COMPANY BE HELD RESPONSIBLE FOR THE FAILURE OF EITHER PARTY TO MEET ITS OBLIGATIONS UNDER THE SALE AGREEMENT.

ALL SERVICES OFFERED OR MADE AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS” AND "AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

OUR DEVELOPER TEAM IS WORKING AROUND THE CLOCK FOR YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE NEITHER REPRESENT NOR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT RESTS WITH YOU. THE COMPANY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, WORKMANLIKE EFFORT, ACCURACY, TITLE, NON-INFRINGEMENT; WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. YOU ACCEPT THAT YOUR USE OF PLATFORM AND SERVICES PROVIDED THROUGH THE PLATFORM IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCOUNT.

IN NO EVENT WILL THE COMPANY BE HELD LIABLE TO YOU OR ANY OTHER THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE SERVICES. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF WHETHER THE DAMAGES AROSE FROM BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. YOUR USE OF THE PLATFORM AND SERVICES OFFERED THEREIN IS SOLELY AT YOUR OWN RISK. IF NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY, OR ITS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS ARE LIABLE FOR DAMAGES ARISING OUT OF ASSOCIATED WITH YOUR USE OF THE PLATFORM SERVICES OR THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL THE COMPANY’S AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL EXCEED $200.

THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OR AVAILABILITY OF THE PLATFORM SERVICES IN LOCATIONS OTHER THAN USA.

Governing Law

This Agreement shall be construed in accordance with the laws of the State of Pennsylvania and USA. Any action or claims brought against the Company must be brought in the court of law with appropriate jurisdiction to rule upon the matter located in Pennsylvania.

No Class Action

All claims between the parties related to this Agreement will be litigated individually and you will not consolidate or seek class treatment for any claim with respect to your use of Services. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS.

Entire Agreement

These Terms, including the Privacy Policy which is incorporated herein by reference constitutes the entire understanding between you and the Company.

Waiver

Any omission on the part of the Company to exercise its right or remedy under this Agreement will not constitute a waiver of that right or remedy by the Company.

Assignment

The Company may assign any of its responsibilities/obligations to any other Person without notice to the User, at its sole discretion. However, User may not assign, sublicense or otherwise transfer any of their rights under these Terms to any other party with express written consent of the Company.

Severability

If applicable law finds any provision of this Agreement to be unlawful, void, or for any reason unenforceable, then such provision will only be limited to the minimum extent necessary and such limitation will not impact the validity and enforceability of the remainder of this Agreement.

Force Majeure

Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, Nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service. Whilst the performance has been suspended for more than 14 days, either the Company or the User may terminate this agreement without any notice.

THE COMPANY ONLY PROVIDES THE PLATFORM TO HELP USERS TO BUY AND SELL MENTAL HEALTH THERAPY SERVICES ONLINE. WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING WHETHER DIRECTLY OR INDIRECTLY FOR ANY ACTION OR OMISSION ON YOUR BEHALF, BASED ON THE INFORMATION OR OTHER MATERIAL MADE AVAILABLE THROUGH OUR PLATFORM. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.


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