Last Updated: June 30,2025
1. Terms And Conditions And Software License Agreement
IMPORTANT: THIS SOFTWARE LICENSE AGREEMENT AND TERMS AND CONDITIONS IS A LEGAL AGREEMENT BETWEEN YOU AND THERAPLATFORM ("US," "WE"). PLEASE READ IT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY USING THE THERAPLATFORM SOFTWARE, SERVICES, AND WEBSITE (THE "SOFTWARE" OR "OUR SOFTWARE"), YOU CONFIRM YOUR ACCEPTANCE OF THESE TERMS AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SUBSCRIBE TO OUR SERVICE OR USE THE SOFTWARE.
2. Introduction
TheraPlatform is an EMR, practice management and Telehealth platform offered as software as a service (SaaS). It enables healthcare professionals such as therapists to manage their practice, document clinical notes, bill and submit claims, and conduct live online therapy or consultations.
3. Ownership
A. TheraPlatform software is licensed to you, not sold, and use is governed solely by this license agreement.
B. TheraPlatform retains all rights, including copyrights and intellectual property rights, in the software.
C. The software, including object code, source code, and all related updates, improvements, and derivative works, is confidential and proprietary to TheraPlatform.
D. All website content, trade names, domains, logos, blogs, templates, and materials provided by TheraPlatform are owned by TheraPlatform and protected by U.S. and international copyright and trademark laws.
E. No part of the software, website, or materials (including text, photos, graphics, videos, and audio) may be copied, distributed, modified, reproduced, or published without prior written permission from TheraPlatform.
4. Grant Of License
A. TheraPlatform grants you a non-exclusive, non-transferable, revocable license to use the software strictly under these terms and conditions.
B. You may purchase multiple licenses if you intend to use the software with multiple clinicians or providers in your practice. You may only use the software in the configuration and for the number of licenses you have subscribed to.
C. To access the software, you must register and create an account on TheraPlatform. You agree to provide accurate personal information (such as name, email, and phone number) during registration. By doing so, you consent to your personal and client information being used as necessary to provide the software and services.
D. You are prohibited from allowing any third party to access the software or services using your account, except as required by law. You remain fully responsible for all use of the software by your employees and clients.
E. TheraPlatform offers a limited-time free trial for one user only. The free trial is intended to help you evaluate the software and its features. Not all features may be available during the trial period, and some features such as video conferencing may have usage limits. We reserve the right to change access to trial features at any time without notice. Creating multiple free trial accounts using different emails or phone numbers is prohibited and considered abuse of our service. If we detect such misuse, we may contact you, and if it continues, your account may be canceled and blocked permanently.
5. License Restrictions
A. You must use TheraPlatform Software strictly in accordance with the terms of this Agreement and: A. You may NOT decompile, reverse engineer, disassemble, derive or attempt to derive the source code of, or decrypt the software. B. You may NOT sell, lease, rent, or sublicense the Software. C. You may NOT copy, distribute, or transfer any part of the Software. D. You may NOT make any modifications, adaptations, improvements, or derivative works from the Software. E. You may NOT violate any applicable laws, rules, or regulations in connection with your access or use of the Software. F. You may NOT remove, alter, or obscure any proprietary remarks, copyright notice, or trademark of the Software. G. You may NOT use the Software on more than one computer or mobile device unless you purchase multiple licenses of the software. H. You may NOT use the Software to create a product, service, or Software that is directly or indirectly competitive with or a substitute for products, software, or services offered by TheraPlatform. I. You may NOT export the Software into any country prohibited by the United States Export Administration Act and its regulations. J. You may NOT disclose, provide, or otherwise make available trade secrets contained within the Software and Documentation in any form to any third party. K. You may NOT create or include a video recording of our Software to market your services without prior knowledge and permission from TheraPlatform. If you wish to record a video demonstration of your services with our software, you must write to us to receive permission and follow our video recording guidelines. We will review your recorded video to ensure compliance. B. Note: If you breach these restrictions, you may be subject to prosecution and damages. The terms of this license will govern any upgrades provided by us that replace or supplement the original software unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
6. Competitor Restrictions
Individuals or entities who are direct competitors of TheraPlatform, or who intend to develop, offer, or support a competing product or service, are strictly prohibited from registering for an account, accessing, or using TheraPlatform's Software or services, either directly or through a third party.
Violation of this restriction constitutes unauthorized access and use of our platform and may result in legal action, including but not limited to termination of access, account deletion, and pursuit of damages.
7. Account Responsibilities
A. Accurate Account Information You acknowledge and warrant that all information you provide to TheraPlatform upon registration, account creation, subscription, and at all other times will be true, accurate, current, and complete. You agree to keep this information up-to-date. B. Protecting Your Log-In Credentials You will create your own username and password. You and each person you add to Your Account (e.g. providers/billers etc.) must have separate email addresses and passwords. Users may not share entry identifications and authentication passwords and any sharing may result in a suspension or termination of access for the User, and/or an increase in charges, at TheraPlatform's sole discretion.
TheraPlatform does not create passwords for users, and passwords are encrypted. If users forget the password, they may reset it using the "forgot password" link. You may NOT share your account or login credentials with any third party and are responsible for all activity under your account. You must keep your username, password, and access devices confidential. Your access may be revoked at any time by TheraPlatform, with or without cause. You agree to indemnify and hold TheraPlatform harmless from any third-party claims, damages, or expenses arising from your breach of these Terms or unauthorized use of your account.
C. Patient Account and Security
Your clients (patients) must create their own passwords to access the client portal. Patients are responsible for protecting their passwords and not sharing them.
You must not share your password with patients or create a common password for all patients.
You are responsible for ensuring that Users under the age of 18 years old obtain their parent or legal guardian's consent to utilize the Services, unless applicable laws allow You to provide care or Your services to a minor (under 18 years of age) without such consent.
You agree that any Users who are under 13 years old require their parent or legal guardian's consent to collect their User Data, which consent You are responsible for obtaining, prior to the use by such User of the Services.
D. Notification in Case of Breach You agree to notify TheraPlatform immediately of any unauthorized access or breach of your login information. You are solely responsible for any losses incurred due to unauthorized use of your account prior to notifying TheraPlatform.
8. Transfer of User Data and Account Ownership
A. Ownership and Responsibility The primary account holder ("Account Owner") is responsible for managing access to the TheraPlatform account and all User Data stored within it, including Protected Health Information (PHI). The Account Owner has full administrative control over permissions granted to team members, clinicians, and other users associated with their organization.
B. Account Changes Due to Employment Status, Incapacitation, or Death If an Account Owner is no longer employed by or authorized to represent the organization, or in the event of their death or incapacitation, the Organization must notify TheraPlatform as soon as possible. Upon receiving this notification, TheraPlatform will make reasonable efforts to verify and, if appropriate, transfer account ownership or administrative access to a duly authorized individual. This may require the submission of supporting documentation, such as a written statement from an organizational leader, a court order, or a legal power of attorney.
C. Legal Verification and Access TheraPlatform reserves the right to deny access or transfer of ownership if sufficient documentation or legal authorization is not provided. Any transfer of account control or access to User Data-particularly PHI-will be conducted strictly in accordance with HIPAA and other applicable federal and state privacy laws.
D. Responsibility for Continuity of Care and Record Management It is the Organization's responsibility to ensure continuity of care and proper record management during account transitions. This includes pre-establishing internal protocols and authorizations for who may take over the account and access User Data in the event of unforeseen circumstances affecting the Account Owner.
E. Best Practice Recommendation TheraPlatform recommends that Account Owners and Organizations designate a backup administrator or successor and maintain clear written instructions about the transfer of User Data and account access in the event of death, incapacitation, or termination of employment. These instructions should be securely stored and readily accessible by those authorized to act on behalf of the Organization.
9. Age of User (Account Owner)
A. You acknowledge that you are at least 18 years old and have the legal authority to accept this Agreement.
10. Fees, Payments and Plans
A. License and Subscription Fees TheraPlatform grants You a license to use TheraPlatform Software for a monthly recurring fee with either monthly or yearly billing options. In addition to subscription fees, You may purchase add-on features requiring recurring payments.
B. Monthly Billing If You choose the monthly billing option, You will be automatically charged every month until You cancel Your subscription. You may cancel at any time; however, no refunds will be provided for any unused days. Monthly fees depend on Your selected plan and are final and NON-REFUNDABLE.
C. Yearly Billing For yearly billing plans, You pay the entire year's fee upfront. This fee is final and NON-REFUNDABLE. You may upgrade to a different plan at any time; new fees will apply accordingly.
D. Additional Fees Additional fees may apply for features such as video/audio recording, transcription, text reminders, and electronic claims submission, etc. These fees vary based on Your usage. Plans with different features and pricing are detailed on our website.
E. Changes to Pricing and Plans Pricing, plans, and features may change at any time, with or without notice. Downgrading to a plan with fewer features will result in loss of access to features available in higher-tier plans.
F. Payment Processing Payments are processed through a third-party provider (Stripe). TheraPlatform does not collect or store credit card information. TheraPlatform will never request your bank or credit card details via email.
G. Client Payments TheraPlatform does not collect payments from Your clients who receive therapy/treatment from You. You are responsible for charging and collecting payments from Your clients, potentially using our third-party payment provider. TheraPlatform is not liable for any financial transactions between You and Your clients.
11. Privacy and Protected Patient's Health Information
A. Privacy Policy Agreement You acknowledge and agree to the terms and conditions of the TheraPlatform Privacy Policy, available at TheraPlatform Privacy Policy. The Privacy Policy explains the types of information we collect, and how such information is used, disclosed, and protected. By accessing or using the Site or Software, You agree to be bound by the terms of the Privacy Policy.
B. Use and Disclosure of Personal Information TheraPlatform does not sell personal information. Any personal information You provide about Your clients (patients) will be used or disclosed solely to perform the agreed services or as otherwise required by law. Use and disclosure of Protected Health Information ("PHI") will be limited to what is permitted under this Agreement and applicable laws, including the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").
C. Business Associate Agreement (BAA) TheraPlatform acts as a Business Associate under HIPAA with respect to PHI processed on Your behalf. A Business Associate Agreement ("BAA") that governs the use, disclosure, and safeguarding of PHI is provided to You at the time of purchase. You may also access, review, and download the BAA at any time by logging into Your account on the TheraPlatform main website. By using TheraPlatform's services that involve PHI, You agree to the terms of the BAA.
D. Security and Compliance Responsibilities TheraPlatform implements and maintains administrative, technical, and physical safeguards designed to meet or exceed HIPAA requirements to protect the confidentiality, integrity, and availability of PHI. However, You retain responsibility for safeguarding Your clients' information and must maintain compliance with applicable privacy and security laws by implementing security measures, including but not limited to:
Creating and using strong passwords;
Keeping login credentials confidential and not sharing them;
Ensuring Your devices and systems are updated and secured with antivirus and firewall software (including whitelisting TheraPlatform services if applicable);
Maintaining physical privacy and security of locations where You and Your clients access the Site or Software.
E. Software and Service Protections TheraPlatform will make commercially reasonable efforts to maintain software and services that protect PHI from unauthorized access, alteration, disclosure, or destruction through appropriate administrative, technical, and physical safeguards in compliance with HIPAA.
F. Client Consent and Authorization You are responsible for obtaining all necessary consents, authorizations, or releases from Your clients, as required by law, prior to posting health-related information, initiating payment transactions, or otherwise using the Site or Software to handle PHI.
G. Collection and Access of User Data Your clients have consented to the collection and use of their User Data, including PHI, by You, TheraPlatform, and applicable third-party service providers (e.g., payment processors such as Stripe and clearinghouses) as necessary to deliver the services.
H. Restrictions on Communication of PHI You agree not to transmit PHI to TheraPlatform via unsecured channels such as email or chat, as TheraPlatform cannot guarantee the security of third-party email providers. When requesting technical support, You must limit any PHI provided to the minimum necessary and ensure that any screenshots or attachments do not contain PHI.
I. Data Breach Notification In the event of a confirmed or suspected data breach involving Your PHI or data processed by TheraPlatform, we will notify You without undue delay and take commercially reasonable steps to mitigate potential harm in accordance with applicable laws and regulations.
J. Third-Party Subprocessors TheraPlatform utilizes trusted third-party subprocessors, including payment processors such as Stripe, clearinghouses, and other service providers.These subprocessors are contractually obligated to safeguard PHI and personal data in compliance with HIPAA and other applicable privacy laws. TheraPlatform has signed Business Associate Agreements (BAAs) with these third-party providers to ensure their continued compliance with HIPAA requirements.
12. Consent to Use of Data You agree that TheraPlatform may collect and use technical data and related information, including but not limited to technical information about Your computer, device, system and application software, and peripherals. This data may be gathered periodically to facilitate the provision of software updates, product support, and other services to You (if any) related to the Licensed Software. TheraPlatform may use this information, provided it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
13. Our Apps Depending on the subscription plan of the Licensed Software You select, You may have access to TheraPlatform's proprietary built-in apps designed for speech, language, cognition, and other therapy functions. These apps are the exclusive property of TheraPlatform, and all rights are reserved.
The apps may be used by licensed speech-language pathologists and/or other qualified therapists during live, online therapy sessions within the TheraPlatform software. TheraPlatform makes no representations or warranties that these apps will result in therapeutic improvement or client progress.
You are expressly prohibited from copying, reproducing, extracting images or audio, or developing similar or derivative applications based on these tools for personal or commercial purposes. Any such actions are a violation of this Agreement and may result in legal consequences.
14. Our Built-In Templates TheraPlatform offers a range of built-in templates for clinical documentation, including consent forms, intake forms, and therapy note templates. Except for certain intake forms provided by third parties, all templates are the intellectual property of TheraPlatform. You may not copy, reproduce, publish, distribute, sell, or share these templates outside of the TheraPlatform software environment.
TheraPlatform does not guarantee that its templates comply with state, federal, or professional regulatory documentation standards. These templates are intended as examples and may be modified by You to meet the legal and clinical requirements applicable to Your practice. You are solely responsible for ensuring the adequacy, completeness, and legal compliance of all documentation created using these templates.
15. Automated Outcome Measures TheraPlatform offers access to automated outcome measurement tools, such as patient-reported outcome surveys, and progress tracking instruments, as part of certain subscription plans or through additional provider-specific licenses.
By using these tools, You acknowledge and agree to the following terms:
Third-Party Content: Some outcome measures are created or licensed by third-party publishers or clinical partners. TheraPlatform does not author, modify, or guarantee the accuracy, clinical relevance, or regulatory compliance of such content and relies on the integrity of the originating sources.
User Responsibility: You are solely responsible for evaluating the clinical appropriateness and validity of any outcome measure you choose to use. You must interpret the results independently and apply them in accordance with Your professional judgment and applicable standards of care.
Limited Liability: TheraPlatform disclaims all liability for clinical outcomes, decisions, patient results, or other consequences stemming from Your use of automated outcome measures.
Updates and Availability: TheraPlatform does not guarantee that automated outcome tools will be current, free of errors, or available at all times. We reserve the right to update, revise, restrict, or remove these tools at any time without notice.
Compliance: Some outcome measures may be subject to additional terms or licensing restrictions from third-party content providers. You agree to comply with all applicable terms and licensing obligations related to the use of such measures.
16. Telehealth Session Recording (Video and Audio)
TheraPlatform offers HIPAA-compliant video and audio recording functionality for telehealth sessions as an optional feature available under certain subscription plans. This feature is user-controlled and must be actively enabled by You. TheraPlatform does not automatically record any sessions.
If You choose to enable session recording, You acknowledge and agree to the following:
User Control & Optional Use: Recording functionality is entirely optional and controlled by You. TheraPlatform will not initiate or activate recordings on Your behalf.
Consent Requirement: You are solely responsible for obtaining all necessary and legally valid informed consent from Your clients or their legal representatives before initiating any session recording. This includes explaining the purpose, use, and potential storage duration of such recordings in compliance with applicable state, federal, and professional regulations.
Secure Storage: All recordings are encrypted in transit and at rest and stored in accordance with HIPAA security standards. Only authorized users with appropriate credentials will be able to access stored recordings.
Access and Retention: You control access to session recordings within your account settings. Recordings are retained only as long as necessary to fulfill the purpose for which they were created or as otherwise required by law or Your internal policies.
Regulatory Compliance: You are responsible for ensuring that your use of session recording features complies with all applicable privacy, confidentiality, and record-keeping laws, including but not limited to HIPAA, state-specific telehealth laws, licensing board rules, and ethical standards.
Prohibited Use: You may not record sessions without proper authorization or in violation of applicable law. Unauthorized or surreptitious recording is strictly prohibited and may result in account termination or legal liability.
TheraPlatform disclaims liability for any misuse or improper disclosure of session recordings by You or Your authorized users. You agree to indemnify and hold harmless TheraPlatform for any claims arising from your use of the recording feature.
17. AI Notes
A. Optional Add-On and Fees TheraPlatform offers AI-powered clinical documentation features ("AI Notes") as optional add-ons available for an additional recurring fee per provider. This add-on does not include the costs associated with audio or video recording or transcription services, which are billed separately on a per-minute usage basis. Each provider must maintain an individual license to access and use AI Notes features.
B. AI Notes Features The AI Notes feature includes the following tools, subject to plan and licensing level:
Text-to-Text AI: Allows providers to enter a free-text session summary, which the AI transforms into a structured clinical note.
AI Dictation Note: A speech-to-text tool that enables providers to verbally dictate session summaries. The AI processes the spoken input in real time to generate a clinical note. Voice data is not stored-audio is processed securely and immediately deleted after transcription.
Telehealth AI Note: Enables providers to generate clinical notes from recorded Telehealth sessions (video, audio, or both). Recordings are used solely to create transcripts and clinical notes and are securely encrypted and stored on TheraPlatform servers.
Users have full control over recorded content and may manually delete audio, video, or transcript files at any time. In addition, all Telehealth-related recordings and transcripts are subject to automatic expiration and deletion within a limited time frame following creation.
C. HIPAA-Compliant Data Security All AI Notes features are built and maintained in accordance with HIPAA security standards. This includes end-to-end encryption for data in transit and at rest, strict access controls, and audit logging. These measures are consistent with security practices employed throughout the TheraPlatform ecosystem.
D. Use of Secure, Healthcare-Specific AI Models TheraPlatform utilizes AI models developed by trusted third-party vendors that are purpose-built for healthcare and meet the highest levels of regulatory compliance. These models are not publicly available or general-purpose AI tools (e.g., ChatGPT or consumer-based solutions). AI models used within TheraPlatform are deployed in secure environments with certifications such as:
FedRAMP High Authorization
ISO 27001
SOC 2
CSA STAR Level 2
HIPAA
GDPR
TheraPlatform does not allow any AI vendor to store, reuse, or train models using Your or Your clients' data. All input data (including session content, prompts, recordings, and transcripts) and AI completions (outputs) are securely processed in real time and are not stored or retained by the model. AI interactions occur within a secure AWS environment, and TheraPlatform does not store queries (e.g., prompts, summaries) or use them to improve AI services.
TheraPlatform maintains signed Business Associate Agreements (BAAs) with all AI service providers, ensuring the proper handling and protection of PHI.
E. Clinical Oversight and Accuracy AI Notes are intended to support-not replace-clinical judgment. TheraPlatform does not guarantee the accuracy, completeness, or appropriateness of any AI-generated content. All AI-generated notes must be carefully reviewed, edited, and validated by the provider to ensure compliance with professional standards, legal requirements, and documentation accuracy.
You, as the provider, remain solely responsible for all clinical decisions, treatment plans, and the final content of all notes and documentation.
F. Limitations of Liability While TheraPlatform aims to provide reliable and secure AI tools, it is not liable for:
Transcription errors or inaccuracies
Misinterpretation or misapplication of AI-generated content
Any adverse patient outcomes resulting from reliance on AI without proper clinical oversight
Issues resulting from third-party vendors, system integration failures, or interoperability challenges beyond TheraPlatform's control
Unauthorized access or security breaches due to mismanagement of user credentials, systems, or reporting failures on the user's part
Users acknowledge these limitations and agree to use AI Notes responsibly and at their own discretion.
G. User Responsibilities Users are responsible for:
Ensuring secure and appropriate use of all TheraPlatform features, including AI Notes
Limiting access to authorized personnel only
Using AI outputs as clinical decision support-not as a replacement for professional expertise
Promptly reporting any suspected misuse, security issues, or anomalies
Maintaining compliance with all ethical, legal, and professional standards related to client care and clinical documentation
Responsible use of AI within the platform is critical to safeguarding patient safety and upholding regulatory and ethical obligations.
H. Consent and Compliance Users of AI Notes must comply with all applicable laws and regulations, including HIPAA and state-specific privacy and documentation rules. This includes obtaining informed consent from clients prior to:
Recording sessions
Transcribing audio or video
Using AI-powered features for clinical note generation
TheraPlatform offers built-in consent form templates and a customizable form builder. However, it is solely the user's responsibility to ensure the adequacy and legal compliance of consent documentation. Requirements may vary by jurisdiction or licensing board, and TheraPlatform does not assume responsibility for the legal sufficiency or content of any provided template.
18. Services; Third-Party Materials and Vendors
A. Wiley Treatment Planners TheraPlatform integrates with Wiley Treatment Planners, which are available under certain subscription plans and require the purchase of a separate license for each individual provider. This license must be obtained directly through TheraPlatform.
By using Wiley Treatment Planners within TheraPlatform, You acknowledge and agree to the following:
You are subject to and responsible for complying with all terms and conditions established by Wiley.
TheraPlatform does not author, maintain, endorse, or control the Wiley Treatment Planners content.
Wiley is the sole creator and copyright owner of its treatment planner content.
TheraPlatform disclaims all liability for the accuracy, applicability, or completeness of Wiley materials and Your reliance upon them.
You are solely responsible for interpreting and applying Wiley materials based on Your own professional judgment, licensing requirements, and clinical standards.
B. Materials and Content Responsibility TheraPlatform allows You and other authorized users to upload, share, or display materials during live sessions or assign them as digital content to clients. This includes, but is not limited to, handouts, worksheets, PDFs, images, or documents ("User Content").
By uploading or sharing content through TheraPlatform, You represent and warrant that:
You have full ownership or a valid license for any materials You upload.
All content complies with applicable intellectual property laws, privacy laws, and professional regulations.
Content does not infringe on any third-party rights or contain unlawful, offensive, defamatory, or otherwise inappropriate material.
If You use third-party content, You are solely responsible for ensuring compliance with any licensing or usage terms tied to that content.
TheraPlatform disclaims liability for content uploaded, shared, or distributed by users and does not assume any editorial or legal oversight of User Content.
C. Stripe TheraPlatform integrates with Stripe to facilitate secure credit card payment processing. Credit card information is not stored on TheraPlatform; all such information is stored securely through Stripe's systems.
By using Stripe through TheraPlatform, You acknowledge and agree that:
You are subject to Stripe's terms of service, privacy policy, and applicable transaction or processing fees.
TheraPlatform is not responsible for any billing errors, failed transactions, payment delays, or account transfer issues occurring on Stripe's platform.
Stripe is solely responsible for transferring/paying out funds to Your designated bank accounts.
TheraPlatform disclaims all responsibility for content, policies, security practices, or accuracy of services provided by Stripe.
D. Screen Sharing and Document Sharing TheraPlatform offers screen sharing and document sharing features under certain subscription plans. These features allow You to present or access content and services provided by third parties ("Third-Party Services").
By using screen sharing or document sharing, You agree:
You are solely responsible for all content shared during sessions, including websites, software, files, or any digital materials.
TheraPlatform does not monitor, filter, or review any content You choose to display or share and disclaims liability for such content.
All shared content must be lawful, appropriate, and compliant with HIPAA, privacy laws, and any applicable ethical or professional rules. PHI or other sensitive data should not be shared unless expressly authorized, secured, and properly consented to.
You may encounter content from external Services that could be inaccurate, offensive, or objectionable. TheraPlatform makes no guarantees regarding such third-party content.
You assume full responsibility and all risk related to the use or sharing of content through these features. TheraPlatform shall not be liable for any harm, damages, or loss arising from the use of or exposure to third-party content shared through the platform.
E. Other Third-Party Services
TheraPlatform may provide links to or integrate with additional third-party websites, services, or providers (collectively, "Third-Party Services"). TheraPlatform does not operate, control, or endorse these Third-Party Services and makes no warranties or representations regarding their content, accuracy, reliability, policies, security, or availability. You agree that TheraPlatform shall have no liability or responsibility arising from your use of or reliance upon any such Third-Party Services.
19. Modifications to the Software
TheraPlatform reserves the right to modify, suspend, or discontinue-temporarily or permanently-any part of the Software or services to which it connects, at any time and with notice, without liability to You. This includes, but is not limited to, software features, tools, integrations, content, or support services. While we strive to provide continuity and improvement of our offerings, TheraPlatform is not obligated to maintain any specific feature or functionality and shall not be held liable for any inconvenience, loss, or damages resulting from such changes.
20. Prohibited Uses
You agree that You will not use TheraPlatform or any of its Software or services for any unlawful, unethical, or unauthorized purposes. Prohibited uses include, but are not limited to:
Engaging in any form of solicitation that is fraudulent, misleading, or in violation of applicable advertising laws.
Using the Software for deceptive, exploitative, or abusive communications with clients, patients, or third parties.
Violating any applicable local, state, national, or international law or regulation.
Uploading or sharing content that infringes on intellectual property rights, invades privacy, or is otherwise unlawful or objectionable.
Attempting to gain unauthorized access to TheraPlatform's systems, data, or other user accounts.
Using the Software in a way that could disrupt, damage, or impair the functionality or security of TheraPlatform or its users.
Any violation of this section may result in the suspension or termination of Your access to TheraPlatform, and may also subject You to civil or criminal liability under applicable laws.
21. Medical Advice
TheraPlatform does not provide medical advice, medical services, or healthcare diagnosis through its Software or website. All content, tools, resources, and features offered via TheraPlatform are intended for administrative, communication, educational, and documentation purposes only and are not a substitute for professional medical judgment, diagnosis, or treatment.
Any information found on TheraPlatform's website, within its Software, or through integrated services should not be interpreted as medical advice, a treatment plan, or a clinical recommendation. Users are solely responsible for interpreting and applying any information provided via the platform within the scope of their professional licensure and applicable laws.
TheraPlatform is not an urgent care or emergency service. In the event of a medical emergency, clients and patients should immediately call 911 or go to the nearest emergency room. The platform is not designed for crisis response or time-sensitive, life-threatening situations.
YOU ACKNOWLEDGE AND AGREE that TheraPlatform provides software tools only and does not engage in the practice of medicine, psychotherapy, or other healthcare services. You further agree that:
TheraPlatform does not provide medical advice, prescribe medication, or offer clinical supervision.
Any healthcare decisions made through the Software are entirely the responsibility of the licensed provider using the platform.
TheraPlatform disclaims all warranties-express or implied-regarding any medical, clinical, or health-related services provided by users of the Software.
TheraPlatform shall have no liability or responsibility for any diagnoses, treatment plans, prescriptions, or recommendations made by professionals using the platform.
It is the sole responsibility of each user to ensure their use of the Software complies with their own professional obligations, licensure requirements, ethical standards, and applicable federal and state laws.
22. Prohibited Conduct
You agree to maintain appropriate, professional conduct while using TheraPlatform's Software and services and interacting with TheraPlatform's team. In using the platform, you further agree that you will not:
A. Engage in any hostile, harassing, threatening, intimidating, discriminatory, or otherwise inappropriate conduct toward clients, colleagues, TheraPlatform representatives, or any third parties.
B. Attempt to access or use any services, tools, features, or data that you are not authorized to use.
C. Upload, display, or distribute content that is offensive, obscene, pornographic, unlawful, threatening, abusive, or defamatory, or that infringes upon or violates the intellectual property, privacy, or other legal rights of any third party.
D. Discuss, present, or share personal information about others-including but not limited to Protected Health Information (PHI) or Personally Identifiable Information (PII)-without their explicit, documented consent.
E. Engage in any activity that is unlawful, unethical, or otherwise in violation of local, state, federal, or international laws or regulations.
F. Introduce or transmit any viruses, malware, Trojan horses, worms, spyware, time bombs, cancelbots, or other harmful software or code, or engage in any activity that may damage, interfere with, or disrupt the functionality or security of TheraPlatform or its users. You also agree not to harvest or collect data or personal information about other users without their knowledge and consent.
TheraPlatform does not have an obligation to screen, monitor, or edit any user-entered data or content. However, we reserve the right, in our sole discretion, to remove, restrict, or suspend access to any data, content, or user accounts at any time and for any reason-including violations of this policy or applicable law.
23. Quality and Confidentiality
A. Treatment Responsibility TheraPlatform is not responsible for the quality of treatment or therapy services provided by healthcare providers using the Software. Providers, including but not limited to therapists, are solely responsible for any content, communication, or clinical information delivered during sessions conducted via the Software.
B. Technical Interruptions While TheraPlatform strives to maintain high service availability, users may experience technical interruptions during sessions. TheraPlatform does not guarantee uninterrupted or error-free performance and does not provide any technical quality assurance for live treatment delivery. Although we will work to resolve any software-related issues promptly, TheraPlatform is not liable for any income loss or service disruption due to such issues.
C. Licensing and Regulatory Compliance You are solely responsible for ensuring you are legally permitted to provide services-both in-person and via telehealth-to clients in specific jurisdictions, based on the location of the patient. This includes compliance with licensure, scope of practice, and telehealth regulations in your state and the state of your client. TheraPlatform does not verify provider credentials or monitor legal compliance.
D. Technical Readiness It is your responsibility-and that of your staff, clinicians, and clients-to ensure all technical requirements are met for a successful online session. This includes, but is not limited to: stable internet connection, low PING latency, compatible hardware/software, up-to-date operating systems, and functioning webcams or microphones. TheraPlatform provides documentation and preparation checklists; however, these do not guarantee uninterrupted session performance.
E. Confidentiality Responsibilities As a healthcare provider, you are responsible for maintaining the privacy and confidentiality of your clients' information, including PHI, accessed through the Software. You must comply with all applicable federal and state laws, including HIPAA, and are solely responsible for obtaining all required consents, authorizations, and legal releases prior to entering client data into TheraPlatform. TheraPlatform disclaims liability for any misuse, disclosure, or unauthorized use of PHI by the provider.
24. Interruption of Service
Service may be interrupted with or without prior notice to perform maintenance, upgrades, or to protect the integrity of the Software. You agree that TheraPlatform shall not be liable for any intentional or unintentional interruptions. No credits, refunds, or compensation will be provided for downtime. Additionally, TheraPlatform will not be held liable for any damage or loss resulting from the loss of user data.
25. No Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK. THE LICENSED SOFTWARE AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. THERAPLATFORM DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TheraPlatform does not guarantee uninterrupted, virus-free, or error-free operation of its Software, services, or servers. No refund or remedy will be provided for interruptions or failure to meet such standards. Use of TheraPlatform does not automatically ensure your HIPAA compliance. You are responsible for maintaining administrative, technical, and physical safeguards in accordance with HIPAA and other applicable laws.
26. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERAPLATFORM (INCLUDING ITS OWNERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES-INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR MEDICAL ERRORS-ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE. In any case, THERAPLATFORM'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100 USD). Some jurisdictions do not allow certain limitations on liability, so portions of this section may not apply to you.
27. Termination
A. Termination by TheraPlatform This License Agreement and your rights to use TheraPlatform may be terminated immediately, without notice, if you violate any of the Terms of Use or fail to comply with applicable laws or regulations. In the event of such a termination, your access to the Software and all related services will be revoked, and your data-including client information and PHI-will no longer be accessible.
B. Voluntary Cancellation by You If you choose to cancel your subscription to TheraPlatform, it is your responsibility to export and securely retain all data before your subscription ends or you cancel it. This includes, but is not limited to:
Client records
Therapy notes
Signed consent and intake forms
Uploaded documents and attachments (e.g., PDFs, images)
Any other data entered by you or your authorized users into the platform
C. Subscription Cancellation Due to Non-Payment If your credit card payment fails, you will receive a series of automated email reminders prompting you to update your payment method. If payment is not made within the allowed grace period, your subscription will be automatically canceled. Upon cancellation, all uploaded materials (e.g., PDFs, images, attachments) will be immediately and permanently deleted-the 60-day data retention period does not apply to these uploaded materials.
D. Data Deletion and Account Deactivation Upon account termination or cancellation (whether voluntary or due to non-payment), all licenses granted by TheraPlatform will immediately end. All user-entered data and Protected Health Information (PHI) in your account will become inaccessible and will be subject to deletion according to our data retention policy.
TheraPlatform retains PHI and structured user data for up to 60 days following termination for compliance and record-keeping purposes. After that period, all remaining PHI is permanently de-identified and anonymized, rendering it unrecoverable. Uploaded materials (e.g., PDFs, resources, attachments) are not subject to this 60-day grace period and are deleted immediately when your subscription ends or is canceled.
You are solely responsible for exporting or downloading all necessary data in compliance with federal and state retention requirements before your subscription ends or is terminated.
E. HIPAA and Legal Compliance
As a covered entity or business associate under HIPAA (or equivalent under state law), you are solely responsible for complying with all data retention, security, and export regulations related to Protected Health Information (PHI). TheraPlatform is not responsible for ensuring that you maintain adequate records after cancellation.
28. Indemnity You agree to indemnify and hold harmless TheraPlatform and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees, and representatives from and against any claims, demands, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to: A. Your access to or use of the Software or its content; B. Your violation of these Terms; or C. Your violation of any rights of a third party.
29. Dispute Resolution Any dispute between you and TheraPlatform will be resolved by binding arbitration under the American Arbitration Association Commercial Arbitration Rules. The arbitration will take place in Los Angeles, California. If a dispute is deemed not subject to arbitration, you agree to submit to the exclusive jurisdiction of state and federal courts in Los Angeles, California. This Agreement and your relationship with TheraPlatform are governed by the Federal Arbitration Act and California law, excluding conflict of law principles. Notwithstanding arbitration, either party may seek injunctive or equitable relief in courts to protect intellectual property rights.
30. Class Action Waiver All disputes must be resolved on an individual basis. Class arbitrations, class actions, private attorney general actions, or any representative proceedings are waived and not permitted. If a court or arbitrator finds any part of this waiver unenforceable, those parts will proceed in court, with remaining claims in arbitration. If any other part of the dispute resolution section is unenforceable, it will be severed without affecting the rest.
31. Disclaimer of Warranties Outside the United States TheraPlatform is based in the United States and does not represent that the Service is suitable or available for use outside the U.S. Users accessing the Service from other countries are responsible for compliance with local laws. The Software is subject to export controls and restrictions.
32. Business Associate Agreement To comply with HIPAA requirements, you and TheraPlatform agree to be bound by the TheraPlatform Business Associate Agreement (BAA), available to paid subscribers via your account. If any conflict arises between these Terms and the BAA regarding Protected Health Information (PHI), the BAA terms will govern.
33. Feedback and Suggestions
TheraPlatform welcomes and values your feedback, suggestions, and ideas for improving our Software and services. By submitting any feedback, ideas, proposals, feature requests, or suggestions to TheraPlatform, you agree that:
A. All such submissions become the sole and exclusive property of TheraPlatform without any obligation of confidentiality.
B. TheraPlatform shall have full ownership and unrestricted rights to use, implement, modify, publish, or distribute the feedback in any form and for any purpose, commercial or otherwise, without providing compensation or credit to you.
C. You waive any moral rights or claims to royalties or future compensation related to any suggestion or feedback you submit.
34. Violation of Terms and Conditions
A. Any violation of these Terms of Use by you or your authorized users may result in the immediate suspension or termination of your Account and access to the Software, without notice or refund.
B. TheraPlatform reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, is believed to have violated these Terms, including reporting such violations to law enforcement or regulatory authorities.
C. If your account is suspended or terminated due to a violation of the Terms, you forfeit access to all user data and content stored within the platform, and TheraPlatform shall not be liable for any resulting data loss or damages.
D. TheraPlatform reserves the right to update, revise, or modify these Terms of Use at any time. Any changes will be communicated to you via email or through in-platform notifications. Continued use of the Software following such updates constitutes your acceptance of the revised terms.
If you do not agree with the updated Terms, you must stop using the Software immediately and follow applicable procedures for data export and account termination as outlined in the Termination section.