Effective: [ August 11, 2021]
Welcome to Prodana!
These terms and conditions outline the rules and regulations for the use of Prodana’s Website, located at prodana.org and any relevant subdomains of prodana.org.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Prodana if you do not agree to all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements:
- “Client”, “Practitioner”, “Contributor”, “Donor”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions.
- “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she/they, are taken as interchangeable and therefore as referring to same.
Users may assume one or more roles on Prodana. Please read all the portions in this “user roles” section particularly carefully, as they pertain to your day-to-day use of the platform. We strive to express these requirements in simple terms to make them clearly understandable to all.
Practitioners are, in the broadest sense, committed to helping others improve their lives. On Prodana, a practitioner can create a public profile, raise funds from contributors which get displayed publicly on their profile page, and be contacted by potential clients.
- Prodana does not take a stance on which modalities or treatment approaches are or aren’t effective. A modality being presented on the site is in no way an endorsement of its safety or validity.
- The presence of a certain practitioner profile on the site does not attest to the efficacy, validity, or training of any individual. All clients must perform their own due diligence when choosing to contact or work with a practitioner.
- Prodana reserves the right to remove a practitioner from the platform at any time, for any reason, at our discretion.
- All funds raised on a practitioner profile do not belong to the practitioner, until they are paid out to the practitioner after successful completion of a client session. Successful completion will be verified by the client, and Prodana may withhold funds until successful verification is achieved.
- The value of a session may be defined by a practitioner and modified at any time. This will immediately affect the payouts for all future sessions from that point forward. Updated session values will be publicly displayed on the site as well as potentially sent out as an update to site users.
- Even after payouts are made, should it become apparent that sessions did not occur, the practitioner will be legally liable for the amounts they were paid out from Prodana.
- By using the platform Practitioners are committing to uphold all the laws in their local jurisdiction, all ethical requirements for their specific credentials, and a general commitment to do no harm and always hold their clients’ best interest in mind. Should a Practitioner violate any of these commitments during their practice, it will also constitute a breach of Prodana’s terms of services.
- Prodana reserves the right to allocate the funds to a different practitioner at their discretion if a practitioner does not utilize the funds allocated to them within 90 days of when a sum was allocated.
- Practitioners must adhere to all legal and ethical privacy requirements. All documentation regarding a client’s mental or medical history should not be stored anywhere on the platform. Prodana only collects client’s first and last names and emails for authentication and marketing purposes, and even this information should only be kept on the dashboard and not displayed publicly or shared with anyone. Practitioners must abide by information security best-practices: using a strong password, keeping their password in a safe place, and not sharing their login credentials with others.
- Practitioners must conduct their own due diligence into the clients they choose to work with. Clients who reach out through Prodana are not vetted by the platform, and Practitioner must employ their own systems for assessing the safety and appropriateness of any potential inquiry they receive through the platform.
- All contributions processed by Prodana to a specific practitioner page will be charged a platform fee of 3%. This, on top of any credit card processing fees charged by Stripe, as well as any payout fees from Stripe or other payout partners.
Individuals seeking mental health support or personal growth assistance may utilize Prodana to connect with professionals. After a session, they must leave a review and will be prompted to make a contribution for others to receive the same benefits they did.
- Practitioners listed on Prodana are not necessarily vetted by the platform. Any engagement, contact, or work with a Prodana specialist is done solely at the client’s own volition and risk. A potential client should conduct their own due diligence both into the specific practitioner and the modalities they employ.
- Prodana is in no way liable for any harm or damage, physically, mentally, or financially, that occurs to either a client, practitioner, or donor, as a result of using the platform.
- By working with a practitioner through the Prodana platform, the client agrees to confirm after each session that it actually occurred, and leave a review. The client is not required to identify themself by name in the review. Notifications will be sent via email. If a session is not confirmed within 72 hours of it occurring, Prodana reserves the right to penalize the client up to the full value of the session, as defined by the practitioner.
- Should a client miss a session, they may be penalized by the platform according to the terms specified by the specific practitioner whose session they missed.
- By using the platform, the client agrees to receive updates and marketing communications via email from Prodana.
- Should any issues arise while working with a practitioner, please notify email@example.com
Contributors give money towards a practitioner’s work, allowing them to impact more people. Contributors may also be called “supporters”, “donors”, or “backers”.
- Processing of contributions is done via Stripe payment gateways, ensuring donations are encrypted and sent directly to Stripe. No payment information is stored on Prodana’s servers.
- Prodana may collect the name, email, phone and address of a Contributor.
- Contributions made on Prodana are not sent directly to a Practitioner. Instead, they are held by Prodana and distributed to the practitioner after a session is successfully completed by a practitioner and confirmed by the client.
- If a practitioner does not utilize the funds allocated to them within 90 days of allocation, Prodana reserves the right to allocate the funds to a different practitioner at their discretion. Prodana allocates funds to Practitioner from money paid or contributed by clients and contributors.
- Prodana may contact a contributor with updates and marketing messages via email, text, phone call, or mail.
Unless otherwise stated, Prodana and/or its licensors own the intellectual property rights for all material on Prodana. All intellectual property rights are reserved. You may access this from Prodana for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Prodana
- Sell, rent or sub-license material from Prodana
- Reproduce, duplicate or copy material from Prodana
- Redistribute content from Prodana
These Terms & Conditions are effective as of the Effective Date noted at the beginning of the Terms and Conditions. We may revise these Terms and Conditions at any time. Revisions will take effect upon posting on our website. We encourage you to periodically review these Terms and Conditions to be aware of any revisions.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Prodana does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Prodana, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Prodana shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Prodana reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Prodana a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. An example is linking your account with us to the Stripe payment processing application. We provide access to such third-party tools ”as is” and “as available” and without any warranties, representations or conditions of any kind and without any endorsement.
We shall not be responsible or liable in any manner for injury or damage due to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Prodana may provide links to third-party websites, advertisers, information, materials, and products, (collectively, “Third-Party Links”) that are not controlled or owned by us. If you access a third-party link, you do so at your own risk.
We are not responsible for examining, pre-screening, or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any Third-Party Links.
We are not liable for any harm or damages related to the purchase or use of goods, products, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party link’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Prodana; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are interested in linking to our website, you must inform us by sending an e-mail to firstname.lastname@example.org. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Prodana’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We may need to interrupt your access to our website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage, injury, or loss caused as a result of such downtime.
Disclaimer Of Warranties; Limitation Of Liability
You expressly understand and agree that to the extent permitted by law, your use of our website is at your sole risk and that our website is provided on an “as is” and “as available” basis, with all faults. to the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
no advice or information, whether oral or written, obtained by you from us or through the practitioners present on our website will create any warranty not expressly stated in these terms and conditions. without limiting the foregoing, we do not warrant that our website content or the advice of any practitioner is accurate, reliable, or correct; that our website or any practitioner you meet via our website will meet your requirements; that our website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that our website is free of viruses or other harmful components.
limitation of liability
limitation on liability. to the maximum extent permitted by law, in no event will we be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits or lost business opportunities, reputation (e.g., offensive or defamatory statements), loss of data (e.g., down time or loss, use of, or changes to, your information or user content), or any theory of liability.
limitation on damages. in no event will we be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding three hundred ($300) dollars.
basis of the bargain. the limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you. this limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. the foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.
limitation on time to bring action.
you agree that any cause of action arising out of or related to these terms of service, our products, or our products must commence within six (6) months after the cause of action accrues. otherwise, such cause of action is permanently barred.
Venue; Choice of Law
These Term and Conditions and any action related to them will be governed by and construed under the laws of the State of Texas without giving effect to any conflict of law provisions. All claims and disputes arising out of or relating to these Terms and Conditions will be litigated exclusively in the state or federal courts located in the Texas or your state of domicile.
If you have questions, concerns, or comments regarding these Terms and Conditions, please contact us at: email@example.com