Terms of Service

Welcome to TherapyOneClinic. These Terms of Service ("Terms") govern your access to and use of our electronic health record system and related services. By accessing or using TherapyOneClinic, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using TherapyOneClinic, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Business Associate Agreement (BAA). If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

TherapyOneClinic is a HIPAA-compliant electronic health record system designed for behavioral health professionals. Our services include:

• Patient demographic management
• Clinical documentation (progress notes, assessments, treatment plans)
• Appointment scheduling and telehealth
• Billing and claims management
• Reporting and analytics
• Patient portal access

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice.

3. Account Registration and Security

3.1 Account Creation

To use TherapyOneClinic, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the accuracy of your account information.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring compliance with HIPAA security requirements
• Implementing appropriate workforce training on system use

3.3 Password Requirements

All accounts must use passwords that meet our security standards: minimum 12 characters, including uppercase, lowercase, numbers, and special characters. Passwords must be changed regularly and not reused.

4. HIPAA Compliance and Business Associate Agreement

4.1 Business Associate Agreement

TherapyOneClinic acts as a Business Associate under HIPAA. Upon account creation, you (as a Covered Entity) and TherapyOneClinic automatically enter into a Business Associate Agreement (BAA) that governs our handling of Protected Health Information (PHI).

4.2 Your HIPAA Responsibilities

As a Covered Entity or Business Associate, you agree to:

• Comply with all applicable HIPAA Privacy and Security Rules
• Obtain appropriate patient authorizations before using our system
• Conduct required workforce training on HIPAA compliance
• Implement appropriate administrative, physical, and technical safeguards
• Report any security incidents or breaches to us and to patients as required by law
• Maintain appropriate documentation of your compliance activities

4.3 Our HIPAA Commitments

TherapyOneClinic commits to:

• Using and disclosing PHI only as permitted by the BAA
• Implementing appropriate safeguards to protect PHI
• Reporting security incidents and breaches as required
• Making PHI available for amendment and accounting as required
• Ensuring our subcontractors comply with HIPAA requirements
• Maintaining comprehensive audit logs of PHI access

5. Acceptable Use Policy

5.1 Permitted Use

You may use TherapyOneClinic solely for legitimate behavioral health treatment, payment, and healthcare operations purposes in compliance with applicable laws and regulations.

5.2 Prohibited Activities

You agree NOT to:

• Use the service for any unlawful purpose or in violation of any regulations
• Access or attempt to access accounts, data, or systems without authorization
• Interfere with or disrupt the service or servers
• Transmit viruses, malware, or other harmful code
• Reverse engineer, decompile, or disassemble any part of the service
• Remove or obscure any proprietary notices
• Use the service to store or transmit infringing or unlawful content
• Share your account credentials with unauthorized individuals
• Use automated systems to access the service without our written permission

6. Data Ownership and Usage

6.1 Your Data

You retain all rights, title, and interest in and to the data you enter into TherapyOneClinic, including all patient records, clinical documentation, and other content ("Your Data"). We claim no ownership rights over Your Data.

6.2 Our Use of Your Data

We will use Your Data only to provide and improve our services, and as otherwise permitted by the BAA and applicable law. We will not sell Your Data or use it for purposes other than providing services to you.

6.3 Aggregated and De-Identified Data

We may create de-identified or aggregated data from Your Data that cannot reasonably identify you or any individual patient. We may use such de-identified data for analytics, research, and service improvement purposes.

6.4 Data Portability

Upon request, we will provide you with an export of Your Data in a commonly used format. You may request data exports at any time during your subscription.

7. Payment Terms

7.1 Subscription Fees

Access to TherapyOneClinic requires a paid subscription. Subscription fees are based on the plan you select and the number of providers using the system. Current pricing is available at /pricing.

7.2 Billing

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. You authorize us to charge your payment method on each billing cycle. If payment fails, we will attempt to notify you and provide a grace period before suspending your account.

7.3 Free Trial

We may offer a free trial period for new subscribers. At the end of the trial period, your subscription will automatically convert to a paid plan unless you cancel before the trial ends. No credit card is required to start a trial.

7.4 Refund Policy

Subscription fees are non-refundable except as required by law or as expressly stated in these Terms. If you cancel your subscription, you will continue to have access until the end of your current billing period.

7.5 Price Changes

We reserve the right to change our pricing at any time. Price changes will not affect your current billing cycle and will take effect on your next renewal date. We will provide at least 30 days' notice of any price increases.

8. Cancellation and Termination

8.1 Cancellation by You

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period. You will continue to have access to the service until that time.

8.2 Termination by Us

We may suspend or terminate your access to TherapyOneClinic if:

• You breach these Terms
• Your payment fails and is not corrected within the grace period
• Your use of the service poses a security risk or violates applicable laws
• Required by law or government request

8.3 Effect of Termination

Upon termination, your right to access and use TherapyOneClinic will immediately cease. We will provide you with a reasonable opportunity (at least 30 days) to export Your Data. After this period, we may delete Your Data in accordance with our data retention policies and applicable laws.

8.4 Data Retention

After termination, we will retain Your Data for a period of 90 days to allow for account reinstatement. After 90 days, Your Data may be permanently deleted, except as required by law or for legitimate business purposes (e.g., billing disputes, legal holds).

9. Warranties and Disclaimers

9.1 Our Warranties

We warrant that TherapyOneClinic will perform substantially in accordance with the documentation we provide. If the service does not conform to this warranty, your sole remedy is for us to use commercially reasonable efforts to correct the issue.

9.2 Disclaimers

9.3 No Medical Advice

TherapyOneClinic is a tool for healthcare professionals. It does not provide medical advice, diagnosis, or treatment. You are solely responsible for all clinical decisions and patient care.

10. Limitation of Liability

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

10.1 Exceptions

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless TherapyOneClinic, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the service
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of applicable laws or regulations
• Your patient care decisions or clinical practice

12. Intellectual Property

12.1 Our Intellectual Property

TherapyOneClinic, including all software, documentation, designs, logos, and trademarks, is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use our intellectual property without our prior written permission.

12.2 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use TherapyOneClinic for your internal business purposes during your subscription term.

12.3 Restrictions

You may not: copy, modify, distribute, sell, or lease any part of the service; reverse engineer or attempt to extract source code; or create derivative works based on the service.

13. Privacy and Data Security

Our collection and use of personal information is governed by our Privacy Policy, available at /privacy. By using TherapyOneClinic, you consent to our privacy practices as described in the Privacy Policy.

We implement industry-standard security measures to protect Your Data, including:

• Encryption in transit (TLS 1.2+) and at rest
• Role-based access controls
• Comprehensive audit logging
• Regular security assessments and penetration testing
• Employee background checks and confidentiality agreements
• Disaster recovery and business continuity plans

14. Changes to Terms

We may modify these Terms at any time by posting the revised Terms on our website. Material changes will be effective 30 days after posting, unless we notify you otherwise. Your continued use of TherapyOneClinic after the effective date constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the service and may cancel your subscription.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles.

15.2 Dispute Resolution

Any disputes arising from these Terms or your use of TherapyOneClinic will be resolved through binding arbitration in accordance with the American Arbitration Association rules, except that either party may seek injunctive relief in court to protect intellectual property rights.

15.3 Class Action Waiver

You agree that any arbitration or proceeding will be conducted on an individual basis and not as a class action, consolidated action, or representative action.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and BAA, constitute the entire agreement between you and TherapyOneClinic regarding the service and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

16.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms at any time without notice.

16.5 Force Majeure

Neither party will be liable for any failure to perform due to causes beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, or internet service failures.

17. Contact Information

If you have questions about these Terms, please contact us:

• Email: contact@TherapyOneClinic.com
• Phone: 1-888-555-EHRS (3477)
• Mail: TherapyOneClinic, 123 Healthcare Way, Suite 400, Boston, MA 02101