Client Portal Terms of Service

Effective Date: September 2, 2022

TO USE THE SOFTWARE AND THE SERVICE, YOU MUST ACCEPT THESE CLIENT PORTAL TERMS OF SERVICE ("TERMS OF SERVICE") AND THE CLIENT PORTAL END USER LICENSE AGREEMENT AVAILABLE AT THE LICENSE PAGE ("EULA"). BY ACCESSING OR USING THE SOFTWARE OR THE SERVICE, OR BY OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS OF SERVICE OR THE EULA, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND THE EULA. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND THE EULA, YOU ARE NOT PERMITTED TO USE THE SOFTWARE OR THE SERVICE.

These Terms of Service are a binding contract between the Client ("You" or "Your") and SimplePractice, LLC ("SimplePractice", "Us", "Our" or "We"). These Terms of Service shall govern Your use of the Service and certain rights and obligations with respect to User Data that is placed in the Service.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THESE TERMS OF SERVICE INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ THESE REQUIREMENTS CAREFULLY.

1. Definitions

"Website" means the websites and services available from SimplePractice domains.
"User(s)" means Your Provider and their Team Members, as well as their customers or patients ("Clients").
"User Data" means any data or images that You or Your Provider uploads to the Service.
"Transaction Data" means Client information, payment data, and transaction information.
"Telehealth" means the video, audio, streaming and media service available through the Service.
"Software" is the software provided to You by SimplePractice under license.
"Service" means SimplePractice's technology and software platforms.
"Provider" means one of SimplePractice's Software or Service Customers, such as a therapist or clinician.
"Client Portal" is the website and application-based Software and Service for Clients.
"Client" is a patient or customer of a provider that utilizes SimplePractice Software and Services.

2. Verification for SimplePractice

By accepting these Terms of Service, the person acknowledging agreement represents that they are at least 18 years of age, or the legal age of majority, and has the legal authority to agree to these Terms of Service. If you are a minor using this Service, your Provider is responsible for ensuring a parent or legal guardian has permitted your use.

3. Accessing the Client Portal

To access and use the Service, You must be a Client of a Provider using SimplePractice's Software. You may access the Client Portal using Google Sign In, or by providing Your email address to obtain a secure link. You agree to provide accurate, current, and complete information.

4. Responsibility for Use of Client Portal

You, as the Client, are responsible for all activities conducted through Your Client Profile. In the event of fraud or violation of these Terms, We may suspend or terminate Your use of the Service.

5. Modification of Service

SimplePractice reserves the right to add, modify, discontinue or eliminate aspects of the Service from time to time for any reason, including compliance with applicable laws and regulations.

6. Data Privacy

Please contact Your Provider if You have any questions about their privacy practices. More information about SimplePractice's privacy practices is available in the Privacy Policy.

7. No Responsibility for Third Party Websites

The Service may contain links to third-party websites, servers, and online services. SimplePractice is not responsible for the content, policies, or practices of any third-party websites.

8. Your Rights with Respect to User Data

You affirm that You own or have all necessary rights to authorize SimplePractice to use User Data as contemplated by these Terms of Service. You grant SimplePractice a non-exclusive, worldwide, royalty-free license to use, reproduce, and process User Data solely for the purposes of providing the Service.

9. Payment and Billing Services

If Your Provider uses Our payment processing services, You may be able to process transactions and payments to Your Provider. Any questions about payments should be directed to Your Provider, not SimplePractice.

10. Interruption of Service

SimplePractice may on occasion need to interrupt or suspend the Service to protect its integrity or for maintenance. You agree that SimplePractice is not liable for any interruption or suspension of the Service.

11. Telehealth Service

SimplePractice Telehealth allows You to attend appointments and connect with Your Provider remotely. YOU ACKNOWLEDGE THAT SIMPLEPRACTICE IS SOLELY PROVIDING THE TELEHEALTH TECHNOLOGY PLATFORM AND IS NOT PROVIDING MEDICAL ADVICE OR HEALTHCARE SERVICES.

12. Prohibited Conduct

You agree that You will not:

Attempt to gain unauthorized access to any other Client Profile
Engage in malicious or disruptive conduct
Post or transmit viruses or harmful code
Impersonate any person or entity without consent
Post information that violates any law or rights of third parties

13. Violation of Terms of Service

Any violation of these Terms may result in immediate suspension or termination of Your use of the Service.

14. Disclaimer of Warranties

SIMPLEPRACTICE PROVIDES THE SERVICE STRICTLY ON AN "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

15. Limitation of Liability

IN NO EVENT SHALL SIMPLEPRACTICE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE SERVICE. SIMPLEPRACTICE'S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED FIFTY DOLLARS (U.S. $150.00).

16. Termination of Service

Upon termination of Your relationship with Your Provider, the license granted to use the Service will automatically terminate. SimplePractice reserves the right to terminate Your use of the Software at any time.

17. Dispute Resolution

In the event of a Dispute between You and SimplePractice, the Dispute will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association. The place of arbitration shall be in Los Angeles, California.

CLASS ACTION WAIVER

ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED AND ARE WAIVED BY YOU.

18. Integration and Severability

These Terms of Service and the EULA set forth the entire agreement between You and SimplePractice. SimplePractice reserves the right to modify these Terms at any time upon reasonable notification to You.

19. Consent to Electronic Communications

We may provide Users information, notices, and product updates by email or posting through the Website, Application, or Service. You understand that by using the Service and agreeing to these Terms of Service, SimplePractice will send you communications and you waive any right to opt out of such communications to the extent permitted by law.