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: email@example.com.
- "Buyer/Client”– refers to a registered User who makes a therapy appointment and/or pays for the subsequent service through the Platform.
- "Seller/Therapist” – refers to a registered Users who lists and offers mental health therapy services for sale to prospective Buyer/Client or other users through the Platform.
- "Seller’s Profile” – refers to a professional profile of the Seller on Airapy with a photo of the Seller, professionally relevant information such as education and licensure, and a booking calendar.
- "Appointment” or "Services” – refers to any therapy service listed, requested and ordered by Users through the Site.
- "Platform Services” – refers to all proprietary software functionality that enables Users to search, view, list, buy, sell, deliver any therapy services through the Platform, including the ability to communicate with other Users, rate and review their experiences.
- "User”, "You” or "Your” – refers to all registered Users of the Platform.
- Only registered users may buy and sell on Airapy. Registration is free.
- Appointment rates and service types are determined by the Seller.
- Buyers save a payment option in their account settings.
- Appointments are made through the booking calendar found on each therapist's profile page or the search results page.
- Sellers may cancel an appointment if they determine they are not a good fit for the Client, but are asked to provide at least 24 hours notice to the Client.
- Clients may cancel an appointment for any reason up to 24 hours before start time of the appointment.
- Airapy deducts a 10% service charge on each transaction and a $25 New Client fee when a new Client makes their first appointment with a new Therapist.
- If a Client cancels an appointment with less than 24 hours notice, or does not show up to a scheduled appointment, a $25 cancellation fee will be charged to the Buyer. This fee is then credited to the Therapist.
- Users may not offer or accept payments using any method other than placing an order through Airapy.
- Sellers are on WFH (Work For Hire)
- The payment for each appointment is processed 24 hours after the end of the appointment, should neither party initiate a dispute with Airapy.
- Sellers/Therapists list their profiles on Airapy to allow Clients to purchase their services.
- Each appointment you successfully complete, accredits your account with a net revenue of 90% of the purchase amount.
- Sellers are responsible for paying any direct or indirect taxes, worldwide or within The United States, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The service rate price shown on the profile page is inclusive of all such taxes and charges that may apply to the Sellers.
- Payouts are available through Debit Card deposit or Bank Account transfer. Therapists can set up their payment preferences in their Account Settings.
- You may not offer direct payments to Sellers using payment systems outside of Airapy.
- Payments are automatically sent to Airapy from the Buyer's account 24 hours after a successfully completed therapy appointment.
- Therapy services may be purchased using one of the following payment methods: Credit Card or Debit Card.
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
- Either party can cancel an appointment up to 24 hours before the start time, for any reason; however, a Client will be charged a $25 cancellation fee if they cancel an appointment with less than 24 hours notification or if they fail to appear at a scheduled appointment ("no-show"). If a Therapist cancels with less than 24 hours notice, the full appointment rate will be refunded to the Client.
- If either party is more than 15 minutes late to the appointment, the party is considered a "no-show" (see above).
- Frequent lateness, no-shows, or cancellations by either party will be reviewed by Airapy administration with potential for Account Termination.
- If a booking is cancelled and the Client is eligible for refund, the funds will be send to the Credit Card company.
Disputes that fall outside of the scope of the above conditions will be resolved by Airapy administration.
You may terminate your Airapy account by contacting us at firstname.lastname@example.org . 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 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 email@example.com.
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:
- is or becomes generally known to the public by any means other than a breach of the obligations of the Seller;
- was previously known to the Seller or rightly received by the Seller from a third party;
- is independently developed by the Seller;
- 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:
- Identification of the material or content that is claimed to be infringing your copyrighted works or shared without your authorization;
- Your contact information including your name, phone number and email address;
- A statement by you setting out that you are either the owner of the copyrighted work or have been authorized by the owner to communicate with us with regard to the copyrighted work. Contact us by email at firstname.lastname@example.org.
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:
- You will not impersonate another User;
- You will conduct yourself in a professional manner;
- You will not post any offensive, obscene, degrading, misleading text, images, videos,audios or any other media through the Platform;
- You will ensure that you are aware of any applicable laws and regulations that apply toyou as Buyer or Seller;
- You agree that you will not use the Platform and/or any features and functionality offered by the Company for any unlawful/illegal purposes or in any manner that may violate the intellectual property or other legal rights of any third-party;
- You agree to provide only true and accurate information on your publicly visible profile;
- You agree that you will not upload any false or misleading information on the Platform;
- As a Seller, you agree to meet the Buyer at the time and location as per agreed by the appointment specifications;
- As a Buyer, you agree to meet the Seller at the time and location as per agreed by the appointment specifications;
- You will immediately notify us of any change in any information or any issues that you encounter during your use of the Platform Services;
- In the event of any dispute, you agree to notify us immediately with detailed description of the dispute and make your best effort to assist us in expeditious resolution of dispute.
- You will not modify, adapt, translate, or reverse engineer any portion of the Platform;
- You will note collect any information about other Users (including names, email addresses) for any purpose;
- You will not reformat or frame any portion of the Platform without express written consent of the Company;
- You will not create User accounts by automated means or under false or fraudulent pretences;
- You will not submit any content or material on any third-party sites, that falsely express or imply that such content or material is sponsored or endorsed by the Company;
- You will not transmit any viruses, defects, Trojan horses or other items of a destructive nature;
- You will not copy or store any content offered on the Platform for other than your own use;
- You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure
Link to Third-Party Websites
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: email@example.com.
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.
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.
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.
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.
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.
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.