Terms of Service

BY VISITING OUR SITE AND BROWSING THE CONTENT HEREIN OR BY OTHERWISE SIGNIFYING YOUR (WITH “YOU” MEANING ANY VISITOR, USER, OR OTHER PERSON WHO ACCESSES CONTENT OR SERVICES, WHETHER OR NOT SUCH PERSONAL REGISTERED FOR A THERAPYCLOUD ACCOUNT) ACCEPTANCE OF THESE TERMS OF SERVICE BY ANY MEANS, INCLUDING AS FURTHER DESCRIBED BELOW, YOU AGREE TO AND ARE BOUND BY THESE TERMS OF SERVICE ON BEHALF OF YOURSELF, ON BEHALF OF THE PRACTICE OR OTHER ENTITY LISTED IN THE ACCOUNT CREATION, SIGN UP OR SIMILAR FORM (“REGISTRATION FORM”) AND IF A PRACTICE IS SO IDENTIFIED, ON BEHALF OF THE PROVIDERS FOR SUCH PRACTICE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY ITS TERMS OF USE AND WILL COMPLY THEREOF. If You are an individual accessing or using the Services on behalf of, or for the benefit of, any person or entity with which You are associated and identified in the Account (an “Organization”), then You are agreeing to this Agreement on behalf of Yourself and such Organization, and You represent and warrant that You have the legal authority to bind such Organization to this Agreement. References to “You” and “Your” in this Agreement refer to both any such Organization and to the individual accessing or using the Services on behalf of the Organization (including the Account Owner). IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR DO NOT HAVE THE AUTHORITY AS PROVIDED HEREIN, YOU MAY NOT AND SHALL NOT ACCESS OR USE THE SERVICES (AS DEFINED IN THESE TERMS OF SERVICE).

This Agreement describes and encompasses the entire agreement between you and us and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site and the content provided by or through the Site and the subject matter of this Agreement. These Terms of Service (referred to herein as “Agreement” or “Terms of Service”) are a binding contract between You and Lotus Enterprises, LC, (referred to herein as “Lotus Enterprises” or “Us,” “Our,” or “We”), the operator of TherapyCloud.com and related websites, applications, services and mobile applications, and all associated services (collectively, the “Services”) provided by TherapyCloud and on/in which these Terms of Use are posted or referenced. For the purposes of these Terms of Use, the “Services” include, without limitation, scheduling pages maintained by TherapyCloud on behalf of third parties, appointment scheduling technology integrated into third-party websites, and video services for the purposes of telehealth appointments or therapeutic content. Some Services may require you to agree to additional terms specific to those Services, which terms will be presented to you prior to your use of those Services and are deemed part of these Terms of Use. For instance, if you choose to use any scheduling feature made available to you, you agree that you are a business associate and agree to comply with the terms of the following Business Associate Agreement with TherapyCloud.

This Agreement shall govern Your and any other Team Members’ use of the Services, and Your and the other Team Members’ rights and obligations with respect to User Data placed in the Services, as well as Your creation of an account through which You and/or the other Team Members will access the Services (hereinafter, an “Account”). By accessing, using, subscribing, purchasing, or downloading the Services, You agree to and ensure that You and all other Team Members will follow and be bound by the following terms and conditions and any other terms and conditions contained in any other agreements You enter into with Us relating to specific Services. If You do not agree with this Agreement, neither You nor the Team Members may use the Services.

This Agreement applies to any community members’ use of the Services and all transactions made in connection with the Services. Manifestation of an agreement to this Agreement may arise by any act demonstrating Your assent to them, including clicking any button containing the words “I agree,” “Start my free trial,” “Join my team,” “Create my account” or similar syntax, by accessing or using any of the Services or by establishing an Account, whether You have read this Agreement or not. By clicking any such button or otherwise indicating Your assent, You agree to this Agreement. You should print a copy of these Terms of Service for Your personal and/or business records.

If You know, or have a suspicion or the good faith belief, that a Team Member has violated this Agreement, You are responsible for immediately revoking access rights to such Team Member. Additionally, if You become aware that a Team Member no longer possesses the requisite licenses or other credentials or is no longer employed by or affiliated with You, You have the responsibility to immediately revoke access rights to such Team Member.

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Changes to Terms of Use

TherapyCloud reserves the right to edit, delete, or modify its Terms of Use at any time. When we do, we will revise the updated date at the bottom of this page. Because your continued visit to our website following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change, We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this Policy periodically and become aware of modifications. If you don’t agree with the new Terms of Use, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms of Use is effective, that means you agree to all of the changes.

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Termination of Access

If your use of the Services is terminated for any reason, then (a) this Agreement will continue to apply and be binding upon you with regard to your prior use of the Services (as well as any subsequent and unauthorized use of the Services), including your indemnification obligations as described herein; and (b) any rights or licenses granted to us under this Agreement will survive such termination.

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1. ABOUT THE SERVICES

Subject to these Terms of Use, TherapyCloud grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to use the Services in accordance with these Terms of Use. Portions of the Services can be viewed without a TherapyCloud Account. However, to benefit from all of the Services we offer, you must create an account (a “TherapyCloud Account”) and provide certain basic information about yourself. If you do provide us with any information, you authorize TherapyCloud to use and disclose it as described in our Privacy Policy.

While utilizing the Services, you may encounter certain Content that TherapyCloud makes available to you. “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, articles, scheduling availability, guidance, and other materials provided, made available, or otherwise found through the Services, including, without limitation, Content provided in direct response to your questions or postings. You acknowledge that although some Content may be provided by healthcare professionals, the provision of such Content does not create a medical professional/patient relationship and does not constitute an opinion, medical advice, diagnosis, or treatment but instead is provided to assist you in choosing a healthcare provider, organization, or agent or affiliate thereof (collectively, “Healthcare Providers”) or otherwise to be generally informative.

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT (INCLUDING BUT NOT LIMITED TO DESCRIPTIONS OF PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION). THEREFORE, WE DO NOT WARRANT THAT SERVICE DESCRIPTIONS OR OTHER CONTENT OF THIS SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. IF A PRODUCT OFFERED ON OUR WEBSITE IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE, REFER, OR RECOMMEND ANY INDIVIDUAL, ENTITY, OR CONTENT LISTED AS ACCESSIBLE THROUGH THE SERVICES.

While we also make reasonable efforts to promote your safety and privacy, TherapyCloud expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the site will be uninterrupted or error-free; that the site will be secure; that the site or the server that makes the site available will be virus-free; or that information on the site will be complete, accurate or timely. If you download any materials from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials.

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2. WE DO NOT PROVIDE MEDICAL ADVICE

TherapyCloud is not a healthcare provider. The Content that you obtain or receive from TherapyCloud, its employees, contractors, partners, sponsors, advertisers, licensors, or otherwise through the Services, is for informational, educational, scheduling, and payment purposes only. All medically related information, including, without limitation, information shared via the general TherapyCloud Website, TherapyCloud Blog, TherapyCloud social channels, TherapyCloud emails and text messages, and TherapyCloud advertising, is for informational and communicative purposes only.

WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR HEALTHCARE JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE, OR ARE TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND/OR 911. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF PROFESSIONAL HEALTHCARE ADVICE OR THE PROVISION OF MEDICAL CARE.

We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time. Therefore, the site is provided on an “as is” and “as available” basis. No advice or information, whether oral or written, obtained by you through or from the site shall create any warranty of any kind. TherapyCloud does not make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise.

TherapyCloud is not a referral service and does not refer, recommend, or endorse any particular Healthcare Provider, test, procedure, opinion, or other information that may appear through the Services. If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including the Healthcare Provider’s office, professional associations relevant to the applicable specialty, your location’s (i.e. state, provence, federal, international) licensing boards, and the appropriate licensing or certification authorities to verify listed credentials and education.

TherapyCloud is also not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information which is definitely not current and is provided for reference only. We reserve the right to modify the contents of this site at any time without obligation on our end to update any information on the site. You understand and agree that it is your responsibility to monitor changes to the site.

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3. NO PROFESSIONAL-PATIENT RELATIONSHIP

HEALTHCARE PROFESSIONALS USE THE SERVICES TO SHARE CONTENT WITH YOU, BUT YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR HEALTHCARE. NO LICENSED HEALTHCARE PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM TherapyCloud INCLUDING, WITHOUT LIMITATION, THE “FIND A THERAPIST” FEATURE, TherapyCloud BLOG, TherapyCloud EVENT LISTINGS, TherapyCloud SOCIAL CHANNELS, TherapyCloud EMAILS OR TEXT MESSAGE LINKS TO OTHER SITES, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTHCARE PROVIDER.

TherapyCloud encourages Healthcare Providers to use the Services responsibly, but we have no control over and cannot guarantee the availability of any Healthcare Provider at any particular time. We will not be liable for canceled or otherwise unfulfilled appointments, any injury or loss resulting therefrom, or any other injury or loss resulting or arising from, or related to, the use of the Services whatsoever.

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4. AUTHORIZATION AND ACKNOWLEDGEMENT: IMPORTANT INFORMATION ABOUT HEALTHCARE PROVIDER RELATIONSHIPS AND HEALTHCARE PROVIDER LISTS

In connection with using the Services to schedule appointments with Healthcare Providers, you understand that:

YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE HEALTHCARE PROVIDER IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE.

TherapyCloud or its designee takes certain limited steps to verify that Healthcare Providers participating in the Services hold certain active licenses, certifications, or registrations required by law to practice the specialties of the services they offer through the Services. TherapyCloud may also exclude Healthcare Providers from our Services who, at TherapyCloud’s discretion, have engaged in inappropriate or unprofessional conduct (including, but not limited to, conduct in violation of our Community Standards).

While all qualified providers are eligible to use our Services, TherapyCloud’s lists of Healthcare Providers are not exhaustive. Healthcare Providers choose whether to participate in the Services, what appointment availability, if any, to advertise on their TherapyCloud profiles, and may also choose to set a maximum amount of time that they want to spend on new patient bookings received through TherapyCloud. This means that regardless of whether they participate in the Services, Healthcare Providers may have additional availability beyond what’s listed through the Services if you contact them directly. Healthcare Providers listed through the Services may enter into contracts with us and may pay us fees in order to be marketed through or to use the Services. If you book an appointment with a Healthcare Provider through the Services, TherapyCloud may receive a commission.

To help you find Healthcare Providers who may be suitable for your needs and enable the maximum choice and diversity of Healthcare Providers participating in the Services, we will provide you with lists and/or profiles of Healthcare Providers. Any search results are based on information that you provide to us, such as insurance information, geographical location, and healthcare specialty and/or services they provide. They may also be partially based on other criteria (including, for example, Healthcare Provider availability, past selections by and/or ratings of Healthcare Providers by you or by other TherapyCloud users, and past experiences of TherapyCloud users with Healthcare Providers). Please note that there may be other Healthcare Providers who meet your search criteria but are not available through TherapyCloud.

TherapyCloud (a) does not employ, refer, recommend, or endorse any Healthcare Providers, (b) does not make any representations or warranties with respect to these Healthcare Providers or the quality of the services they may provide; (c) is not responsible for ensuring that information (including credentials) a Healthcare Provider provides about himself or herself is accurate or up-to-date, and (d) is not responsible for making sure that Healthcare Providers’ services are actually provided or are up to a certain standard of quality. We don’t control the actions of any Healthcare Providers, and Healthcare Providers are not our employees. Note, however, that to the extent that you use the Services as provided by your employer, TherapyCloud may provide lists and/or profile previews based on criteria determined by your employer and your employer’s agents or advisors. In addition, to the extent that TherapyCloud serves as a platform for, or provides technical support to, the provider directory associated with your health coverage, Healthcare Providers will appear in the directory based on criteria determined by your health plan or plan sponsor, as applicable.

We may show you advertisements or Featured search results through the Services, including above, next to, or interspersed within the other search results. This experience represents either a) TherapyCloud’s recognition of that Healthcare Provider’s active and valued contribution to the TherapyCloud community or b) TherapyCloud’s receipt of additional fees from such Healthcare Providers to include them in such “Featured” locations. Such features are not, and should not be considered, an endorsement, referral, or recommendation by TherapyCloud of the Healthcare Provider. Sponsored Results are conspicuously labeled as “Sponsored” or “Paid Ad” in the Services.

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5. THE SERVICES AND CONTENT ARE INFORMATIONAL AND EDUCATIONAL RESOURCES

The Services are an informational and educational resource for consumers and Healthcare Providers. We may, but have no obligation to, publish Content through the Services that is reviewed by our editorial personnel. No party (including TherapyCloud) involved in the preparation or publication of such works guarantees that the Content is timely, accurate, or complete, and they will not be responsible or liable for any errors or omissions in or for the results obtained from the use of such Content.

Healthcare Provider Content:

Content related to Healthcare Providers and their practices (“Healthcare Provider Content”) is intended for general reference and educational purposes only. Healthcare Provider Content may be provided by the Healthcare Provider and/or office staff and collected from multiple other data sources that may not be confirmed by the Healthcare Provider. While we make efforts to confirm Healthcare Provider Content and keep it up to date, it can change frequently and may become out of date, incomplete, or inaccurate at any time. TherapyCloud does not provide any advice or certification regarding the qualifications of any particular Healthcare Provider.

Procedures/Products/Services:

Procedures, products, services, and devices discussed and/or marketed through the Services are not applicable to all individuals, patients, or all clinical situations. Any procedures, products, services, or devices represented through the Services by advertisers, sponsors, and other participants of the Services, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.

Insurance Content:

Insurance and insurance-related Content (including, without limitation, insurance coverage and benefit Content) (“Insurance Content”) is intended for general reference purposes and for your convenience only. Insurance Content may be based on Personal Data you provide to us as well as Healthcare Provider Content (such as CPT codes and other encounter data). Insurance Content may also be provided either directly by the insurance provider you identify or via a third-party clearinghouse. Insurance Content can change frequently and may become out of date, incomplete, or inaccurate. You agree that you will (a) provide accurate and complete insurance-related Personal Data and (b) verify and maintain accurate insurance-related Personal Data (including, without limitation, verifying such Personal Data obtained by automated means from an insurance card you provide). Although TherapyCloud strives to provide you with accurate Insurance Content, we are not responsible for any inaccurate, incomplete, or outdated Insurance Content, and you are responsible for complying with subparts (a) and (b) above.

Professional Content:

Any document or content storage (e.g. Continuing Education certificates) offered via TherapyCloud.com is for convenience only and does not substitute for your own record-keeping, safeguards, backups, or other related professional responsibilities. Loss of data is a risk inherent to digital storage. By using TherapyCloud, you are understanding and agreeing to the fact that TherapyCloud's Content storage capabilities are supplementary to your own and that TherapyCloud is not responsible for any actions taken against such Content, such as loss or misuse.

Artificial Intelligence ("AI") Content:

For Therapists: By submitting Content (e.g. blogs, Therapy Marketplace Content) to TherapyCloud, you confirm that all the Content is your own original creation and free from plagiarism, in addition to agreeing to hold full responsibility for the authenticity and originality of your work. While AI tools may be used to assist in the writing process, all submissions must be uniquely authored, fact-checked, and reflective of your own insights and expertise.

Plagiarism, including but not limited to copied, paraphrased, or AI-generated content that is not properly reviewed and personalized, will not be accepted. Submissions found to contain unoriginal or AI-generated material without significant human input and originality may be rejected or removed at our discretion.

For TherapyCloud:

We may make certain features or content powered by Artificial Intelligence (“AI”, and such features as the “AI Features”) available through the Services.

Without limiting anything else herein, we make no representations or warranties whatsoever regarding the AI Features, which are provided “AS IS” and should be used at your own risk. Before interacting with the AI Features, you are responsible for making your own determination that the AI Features are suitable, and you are responsible for any reliance on the accuracy, completeness, or usefulness of any AI Features. You should not act or refrain from acting on the basis of any information made available through the Services, including the AI Features. We are not responsible for monitoring any interactions between you and the AI Features. You should evaluate the accuracy of any information produced from an AI Feature as appropriate for your use case. The AI Features may provide incomplete, incorrect, or offensive information that does not represent our views. If any information from an AI Feature references any third-party products or services, it doesn’t mean the third-party endorses or is affiliated with us.

Under no circumstances will we be liable in any way for the AI Features or any information generated by the AI Features, including, but not limited to, infringement of intellectual property rights, for any errors or omissions, or any loss or damage of any kind incurred as a result of your interaction with the AI Features.

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6. PERSONAL HEALTH INFORMATION

You may elect to enter certain personal health information into the Services, including the ability to request an appointment through TherapyCloud. While you acknowledge that TherapyCloud may use the data or information you provide in order to serve you better in accordance with our Privacy Policy, consumer information is considered confidential. Therefore, you agree to not disclose information you obtain from TherapyCloud, users, clients, advertisers, suppliers, or forum members given that all information submitted by an end-user consumers of TherapyCloud is considered the proprietary information of TherapyCloud. And, to protect the disclosures of others, you agree to not reproduce, disseminate, sell, distribute, or commercially exploit any such proprietary information in any manner.

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7. YOUR RESPONSIBILITIES

7.1 Your TherapyCloud Account Credentials‍

When you create a TherapyCloud Account, you will provide an email address and create a password (collectively, “Account Information”). You should keep your Account Information private and not share it with anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to hello@therapycloud.com. You promise to provide us with accurate, complete, and updated registration information about yourself. You may also be able to connect to the Services maintained by a third-party company, such as Meta Platforms, Inc., Google LLC (“Google”), or Apple Inc. (“Apple”). If you connect to the Services through a third-party service, you give us permission to access and use your information from such third-party service as permitted by such third-party service and to store your log-in credentials for such third-party service. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on such third-party service. TherapyCloud has no control over and assumes no responsibility for the services, content, accuracy, privacy policies, or practices of or opinions expressed by any such third party.

7.2 Your Responsibilities Generally

‍While it is free to interact on TherapyCloud.com and remains free for some creating a TherapyCloud Account, we reserve the right to begin charging fees at any time upon notice to You, and you are still responsible for your healthcare expenses. However, any charges for any healthcare 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 TherapyCloud is accurate and up-to-date, including your insurance information. Some Services may not be available through TherapyCloud 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 Account Information, including use by others to whom you have given your Account Information. You may only use the Services for lawful, non-commercial purposes. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. You may not use the Services 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 Services. You may not attempt to gain unauthorized access to or to exceed your authorized access to any of the Services, user accounts, or computer systems or networks through any means. You may not accumulate or index, directly or indirectly, any Content or portion of the Services (including, without limitation, Healthcare Provider Content, appointment availability, price information, or Insurance Content) for any purpose whatsoever.

TherapyCloud grants you a limited license to access and make personal use of this site and not to download or modify it or any portion of it, except with express written consent from TherapyCloud. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from TherapyCloud.

The right to access our website does not include any resale or commercial use of our site or its contents, nor allow you to download or copy any account information for the benefit of another merchant.

Any unauthorized use terminates the permission or license granted by TherapyCloud.

You are also responsible for reviewing and complying with the terms set forth in our Privacy Policy and our Community Standards.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms of Use, our Privacy Policy and our Community Standards.

7.3 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 a TherapyCloud Account 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 patient or prospective patient;

(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; and

(c) You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive, or unfair practices (including but not limited to booking fraudulent healthcare appointments or manipulating any review or rating data) or otherwise violate applicable antitrust competition or consumer protection laws, or regulations.

7.4 Disputes Between Users

If there is a dispute between participants on this site or Services or between users and any third party (including but not limited to Healthcare Providers), you agree that TherapyCloud is under no obligation to become involved. In the event that you have a dispute with one or more other users or Healthcare Providers, you release TherapyCloud, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

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8. TELEHEALTH SERVICES

You may be able to utilize certain telehealth services in association with the Services, including but not limited to certain third-party virtual care services. TherapyCloud is not a healthcare provider or insurance provider. In the event that TherapyCloud offers certain third-party virtual care services, TherapyCloud’s role is limited to making certain telehealth-related information available to you and/or facilitating your access to telehealth services provided by Healthcare Providers. TherapyCloud is not responsible for such Healthcare Providers’ acts or omissions or for any content in your communications with them. TherapyCloud is independent of the Healthcare Providers and does not employ or otherwise exercise any control over the services provided by Healthcare Providers, regardless of whether they utilize any Telehealth Services. Further, TherapyCloud has no control over and assumes no responsibility for the content, availability, suitability, accuracy, quality, security, legality, reliability, privacy policies, or practices of any Telehealth Services offered by a third party. When you use such Telehealth Services, we encourage you to read the terms and conditions and privacy policy of the applicable third-party provider(s). By using such Telehealth Services, you release and hold us harmless from any and all liability arising from your use thereof.

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9. THIRD PARTY LINKS AND SERVICES‍

9.1 Links to Other Websites

While using the Services, you may encounter links to other websites. These links are provided for your convenience only, and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. Although we attempt to link to trustworthy websites, it is possible that they will contain materials that are objectionable, unlawful, or inaccurate, and we will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealing, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that TherapyCloud will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

9.2 Links & Framing

You shall not use our logo or other proprietary graphic to link to this Site without the express written permission of TherapyCloud. Further, you may not frame any trademark, logo, or other proprietary information, including the images and content, without our express written consent.

We make no claim or representation regarding and accept no responsibility for, directly or indirectly, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Site or websites linking to the Site. Such sites are not under the control of TherapyCloud, and we shall not be responsible for the contents of any linked site or any review, changes, or updates to such sites. You hereby acknowledge and agree that we are not responsible for the availability of such external websites or resources, its content, including, without limitation, any link contained in such content, or any changes or updates to such content. If you decide to access links to third-party Web sites, you do so at your own risk. Any concerns regarding any external link should be directed to the relevant site administrator or webmaster.

9.3 Third Party Software

We may incorporate third-party software as part of certain of the Services, including without limitation open source third-party software. Your use of such third-party software is subject to any and all applicable additional terms and conditions governing such use provided by the third-party software provider. Where applicable, additional notices relating to the third party software may be provided by us, which for example may contain attribution and disclaimer notices applicable to the third-party software.

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10. PAYMENT AND TRANSACTION PROCESSING

10.1 Payment and Transaction Processing Generally

You may be permitted to pay for Healthcare Provider Services or other products or services provided by the applicable Healthcare Provider. In connection with such payments, we process your payment card information in accordance with our Privacy Policy. TherapyCloud and/or its payment processing partner may collect a transaction processing fee for our billing, collection, and payment services performed in connection with such payment from the applicable Healthcare Provider. Any payment terms presented to you in the process of using or signing up for a paid service or the Transaction Processing Services are deemed part of these Terms.

10.2 Designated Provider Services

Certain Healthcare Providers may provide price information for their healthcare and related products and services through the Services of TherapyCloud, and you are permitted to use TherapyCloud Services to pay for such provider services.Prior to scheduling any appointment made available through TherapyCloud for Provider Services, please carefully review (a) the price information and (b) all of the products and services that are included and excluded in each Provider Service. Healthcare Providers are required to provide the applicable Provider Service at the price indicated at the time of scheduling unless you separately agree otherwise in writing. Services in addition to or different from Provider Services may be available, offered, or rendered by Healthcare Providers. You and your Healthcare Providers are responsible for agreeing to pricing for any additional or different services. TherapyCloud IS NOT RESPONSIBLE FOR YOUR OR ANY HEALTHCARE PROVIDER’S FAILURE TO AGREE TO PRICING FOR ANY ADDITIONAL OR DIFFERENT SERVICES.

10.3 Payment of Your Financial Obligations Under Your Insurance Coverage and Benefits

Certain Healthcare Providers may permit you to use TherapyCloud Services to pay for all or a portion of your financial obligations, perhaps even those related to insurance.

While we endeavor to provide accurate Insurance Content, we make no guarantees and disclaim all warranties that the Insurance Content is correct. You acknowledge that Insurance Content is provided by the insurance provider or via a third-party clearinghouse. You also acknowledge that a) Insurance Content is constantly being updated (for example, progress towards your deductible), b) you are likely to receive an explanation of benefits (or a similar document) from your insurance company after you receive your Healthcare Provider’s services, and c) you may ultimately owe your Healthcare Provider more than the amount you paid through the Insurance Payment Services.

10.4 Transaction Processing

‍If you make a payment through the Services, a transaction processing fee may apply. Healthcare Providers may separately charge you for additional or different products or services.

You acknowledge and agree that:

(a) you are responsible for, and you will pay the listed Price for the Provider Services charged through TherapyCloud by the applicable Healthcare Provider, as well as other amounts the applicable Healthcare Provider may charge through TherapyCloud for any additional or different services rendered during or related to the applicable appointment;

(b) you remain responsible for paying all amounts required by law and/or contract (e.g., health plan agreement), including all cost-sharing obligations (such as, but not limited to, copayments, deductibles, and other coinsurance obligations);

(c) if you utilize our Transaction Processing Services, TherapyCloud may process your payment and may do so in collaboration with our payment processing partner;

(d) TherapyCloud is not responsible for any charges incurred for any products or services provided by the Healthcare Provider, including any Provider Service;

(e) TherapyCloud is not responsible for any charges submitted for processing by Healthcare Providers;

(f) Any purchase of Services or Content related to TherapyCloud is an agreement to your understanding and willingness to abide by the Terms herein;

(g) To honor the time and expertise of our trusted Therapists, all Content that can be purchased through TherapyCloud is final sale and non-refundable. If you have a concern or question about the content specifically, we encourage you to contact the Content creator directly as they are the expert of their own content. In the event you dispute any fees chargeable or charged through TherapyCloud by a Healthcare Provider, you will resolve such dispute directly with the applicable Healthcare Provider;

(h) if you utilize our Transaction Processing Services, you may be required to accept the terms of use and privacy policy of our payment processing partner with respect to Transaction Processing Services. Currently, we use Stripe, Inc. as our payment processing partner. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal;

(i) you will promptly review all charges processed through the Transaction Processing Services and immediately notify TherapyCloud to the extent you have any questions, concerns, or disputes; in no event may you raise any questions, concerns, or disputes after six (6) months from the date of the applicable transaction; and

(j) You must provide current, complete, and accurate billing information, promptly update all information necessary to keep your billing information current, complete, and accurate, and must promptly notify us or our payment processing partner if your account information is canceled (such as due to loss or theft) or if you become aware of a potential breach of its security (such as unauthorized disclosure or use of your username or password).

We are not responsible for any error by, or other acts or omissions of, the payment processor. You further acknowledge and agree that neither TherapyCloud nor our payment processing partner will be responsible if either we or our payment processing partner are unable to complete a transaction for any reason, including but not limited to:

(A) if you have not provided us with accurate, current, and complete payment information;

(B) if you do not have sufficient available funds or available credit to complete the transaction;

(C) if you do not have an active payment card, or if we are unable to confirm your payment card information or your identity,

(D) if your account with us, your account with our payment processing partner, your access to the Services, or your access to our payment processing partner’s services has been terminated or suspended for any reason;

(E) if we or our payment processing partner have reason to believe that the requested transaction is unauthorized; or

(F) if we terminate or suspend the services we provide to the applicable Healthcare Provider.

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11. REVIEWS AND OTHER CONTENT YOU POST OR SUBMIT

For Healthcare Providers, with your use of TherapyCloud Services, you are agreeing to have reviews publicly posted about you. For consumers, you will have the opportunity to submit feedback regarding your experiences with Healthcare Providers you find through the Services, to submit inquiries concerning possible healthcare needs, and to participate in the other interactive or community features of the Services. It is important that all act responsibly when providing Posted Information. Posted Information and Healthcare Provider reviews must comply with our Community Guidelines, as well as any internal policies we may develop and implement from time to time. Please note that while TherapyCloud may moderate Posted Information (including but not limited to Healthcare Provider reviews) for compliance with the requirements in this paragraph, TherapyCloud does not endorse or confirm the accuracy of any statements made in such Posted Information.

Posted Information reflects solely the views or opinions of the author and not of TherapyCloud.

Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to Posted Information that is also your personally identifiable information.

By posting Posted Information through the Services, you agree to and hereby grant, and you represent and warrant that you have the right to grant, to TherapyCloud and its affiliates, agents, and contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, incorporate into other works, and otherwise fully exploit such Posted Information. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You may not post Posted Information that is false or fraudulent, or that otherwise does not accurately represent your opinions and experiences.

You understand and agree that TherapyCloud, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your Posted Information to conform and adapt that Posted Information to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Posted Information is the sole responsibility of the person from whom such Posted Information originated and does not reflect the opinion of TherapyCloud. TherapyCloud does not assume liability for Posted Information or for any claims, liabilities, or losses resulting from any Posted Information.

We also welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us, reaching out to our social networking accounts, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish such Feedback for any purpose without compensation to you.

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12. YOUR USE OF CONTENT

All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain TherapyCloud’s proprietary information. We give you permission to use the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Services for your own convenience, but you may not copy, distribute, republish (except as expressly permitted herein), sell, or exploit any of the Content, or exploit the Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly provided herein, neither TherapyCloud nor its suppliers grant you any express or implied rights, and all rights in the Services not expressly granted by TherapyCloud to you are retained by TherapyCloud.

13. DISCLAIMER

We created TherapyCloud to improve patients’ healthcare experiences and to help make providing services easier for Healthcare Providers. While we want your experience with TherapyCloud to be amazing, with the use of our Site and the Content contained herein, you acknowledge that we have no control over and no duty to take any action regarding: (a) which users gain access to the Services, (b) what Content you access, (c) what effect the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of having been exposed to the Content. You release us from all liability for your use or inability to use any Content. We and our licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (TherapyCloud and all such parties together, the “TherapyCloud Parties”) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services, and the TherapyCloud Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We have no special relationship with or fiduciary duty to you.

WE (AND OUR LICENSORS AND SUPPLIERS) PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE CONTENT OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TherapyCloud MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. TherapyCloud DOES NOT WARRANT THAT THE SERVICES WILL OPERATE UNINTERRUPTED, ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

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14. GENERAL LIMITATION OF LIABILITY

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR TherapyCloud ACCOUNT. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF ONE HUNDRED ($100) DOLLARS.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE TherapyCloud PARTIES BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ANY SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICES, OR ANY MATTER BEYOND OUR REASONABLE CONTROL, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME GOVERNMENTAL ENTITIES (I.E. STATES, PROVENCES, COUNTRIES) OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH GOVERNMENTAL ENTITIES (I.E. STATES, PROVENCES, COUNTRIES) OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU SHALL AND HEREBY WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542 OR ANY SIMILAR LAW OF ANY JURISDICTION, WHICH SAYS IN SUBSTANCE THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

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15. INTELLECTUAL PROPERTY RIGHTS

You hereby acknowledge that all rights, titles, and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that you will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from any of our services, software, or documentation or create or attempt to create a substitute or similar service or product through the use of or access to TherapyCloud or proprietary information related thereto.

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16. TERMINATION

We reserve the right, in our sole discretion, to terminate, suspend, and/or deactivate your TherapyCloud Account immediately, without notice, if there has been a violation of this Agreement, our Privacy Policy, our Community Standards, or other policies and terms posted through the Services by you or by someone using your Credentials without authorization. We may also terminate, suspend, or deactivate your TherapyCloud Account for any other reason, including inactivity for an extended period. TherapyCloud shall not be liable to you or any third party for any termination, suspension, or deactivation of your access to the Services. Further, you agree not to attempt to use the Services after any such termination, suspension, or deactivation (except where deactivation is due solely to inactivity, and you are permitted to create another TherapyCloud Account). Account termination may result in the destruction of any content associated with your TherapyCloud Account. All of the Terms of Use contained in this Agreement will survive any termination or expiration of Use or Services.

TherapyCloud reserves the right to investigate and, at our discretion, take appropriate legal action against anyone who violates these Terms of Use or applicable law related to the Services, including, without limitation, removing any offending communication from the Services, terminating the TherapyCloud Account of such violators, and or blocking your use of the Services.

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17. INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless the TherapyCloud Parties from all liabilities, claims, damages (actual and consequential), demands, and expenses, including attorney’s fees, that arise from or are related to (a) your use of the Services; or (b) the violation of this Agreement (including without limitation these Terms of Use, the Acceptable Use Policy, our Community Standards); or (c) the violation of any intellectual property or other rights of any person or entity; or (d) by any person using your Credentials without authorization. The foregoing indemnification obligation does not apply to liabilities, claims, and expenses arising as a result of our own gross negligence or intentional misconduct.

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18. ARBITRATION AGREEMENT

We hope that we can work out any disagreements you might have with TherapyCloud. But if there is a dispute that needs to be further resolved, that process will take place according to this section. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with TherapyCloud and limits the manner in which you can seek relief from TherapyCloud. Both you and TherapyCloud acknowledge and agree that for the purpose of any dispute arising out of relating to the subject matter of these Terms of Use, TherapyCloud’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms of Use, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary hereof.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE (UNLESS YOU OPT OUT) AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS TO RESOLVE ANY DISPUTE WITH US. PLEASE READ THESE REQUIREMENTS CAREFULLY.

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18.1 Dispute Resolution

IN THE EVENT OF A DISPUTE BETWEEN YOU AND THERAPYCLOUD (INCLUDING ANY DISPUTE OVER THE VALIDITY, ENFORCEABILITY, OR SCOPE OF THIS DISPUTE RESOLUTION PROVISION), OTHER THAN WITH RESPECT TO CLAIMS FOR INJUNCTIVE RELIEF AND DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, THE DISPUTE WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. IF YOU DO NOT WANT TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MAY OPT OUT. IN ORDER TO OPT OUT OF THIS ARBITRATION PROVISION, YOU MUST NOTIFY THERAPYCLOUD IN WRITING THAT YOU DO NOT WANT TO RESOLVE DISPUTES WITH US BY ARBITRATION, AND SUCH NOTICE SHOULD BE DELIVERED BY MAIL TO 4155 S 9th Street Kalamazoo, Michigan 49009 WITHIN 30 DAYS OF THE EARLIER OF (A) THE DATE YOU FIRST ACCESS OR USE THE SERVICES; AND (B) THE DATE YOU CLICK OR TAP ANY BUTTON OR BOX MARKED “ACCEPT,” “AGREE,” OR “OK” (OR A SIMILAR TERM) IN CONNECTION WITH THIS AGREEMENT.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf, as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or video conference rather than by personal appearances unless the arbitrator determines upon request by You or SimplePractice that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude You from bringing issues to the attention of federal, state, or local agencies, and if the law allows, they can seek relief against SimplePractice for You.

You agree that this Agreement and the relationship between You and TherapyCloud shall be governed by the Federal Arbitration Act and the laws of the State of California without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. If You opt out of arbitration pursuant to the terms above, then the following jurisdiction and venue provision shall apply: All Disputes arising out of or related to this Agreement for which arbitration does not apply will be subject to the exclusive jurisdiction and venue of the state and federal courts located in the City and County of Kalamazoo, Michigan. Notwithstanding this, each party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s Intellectual Property Rights in any court of competent jurisdiction where the other party resides or has its principal place of business.

Any dispute, controversy, or difference which may arise between the parties out of, in relation to, or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of the United States of America, to the exclusion of any other courts without giving effect to its conflict of law’s provisions or your actual state or country of residence.

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18.2 CLASS ACTION WAIVER

YOU AGREE THAT ANY PROCEEDINGS TO ARBITRATE, LITIGATE, OR OTHERWISE RESOLVE A DISPUTE IN ANY FORUM ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, CONSOLIDATION OF YOUR DISPUTE WITH OTHER ARBITRATIONS, OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED AND ARE WAIVED BY YOU, AND AN ARBITRATOR WILL HAVE NO JURISDICTION TO HEAR SUCH CLAIMS. IF A COURT OR ARBITRATOR FINDS THAT THE CLASS ACTION WAIVER IN THIS SECTION IS UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, THEN THE CLASS ACTION WAIVER WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION. IF ANY OTHER PROVISION OF THIS DISPUTE RESOLUTION SECTION IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THAT PROVISION WILL BE SEVERED, WITH THE REMAINDER OF THIS SECTION REMAINING IN FULL FORCE AND EFFECT.

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18.3 Arbitration Rules; Applicability of Arbitration Agreement

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Kalamazoo County, Michigan. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”), and then be in effect by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

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18.4 Cost of Arbitration

The Rules will govern the payment of all arbitration fees. Each party shall bear all of its own costs of arbitration.

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18.5 Waiver of Jury Trial

YOU AND TherapyCloud WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and TherapyCloud are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and TherapyCloud over whether to vacate or enforce an arbitration award, YOU AND TherapyCloud WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.

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18.6 Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor TherapyCloud is entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth below.

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18.7 Opt-out

You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: TherapyCloud, 4155 S 9th St. Kalamazoo, MI 49009, postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreements.

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18.8 Exclusive Venue

If you send the opt-out notice in Section 17.5, and/or in any circumstances where the foregoing arbitration agreement permits either you or TherapyCloud to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and TherapyCloud agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Kalamazoo County, Michigan, or the federal district in which that county falls.

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18.9 Severability

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with TherapyCloud.

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19. MISCELLANEOUS

19.1 Electronic Contracting; Copyright Dispute

Your affirmative act of using the Services and/or creating a TherapyCloud Account constitutes your electronic signature to this Agreement, which includes our Privacy Policy and Community Standards. This Agreement and any other documents to be delivered in connection with the Services may be electronically signed, and any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

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19.2. Phone/Text Communications

While TherapyCloud is a private custom-build website site that takes your privacy seriously and has many security precautions, digital communication is never guaranteed to be successful or secure. Additionally, spam filters may prevent delivery. Therefore, as is outlined in our Privacy Policy and Community Standards, for your own privacy, it is expected that you do not include any Protected Health Information (PHI) (e.g. symptoms, diagnosis) in any communications with or through TherapyCloud (e.g. "Contact This Provider" form), including but not limited to any communication with a Therapist listed in TherapyCloud's Therapist directory.

Given that TherapyCloud does not store, manage, or read digital communications made through TherapyCloud (e.g. "Contact This Provider" form), any communication made through TherapyCloud to a Therapist listed in TherapyCloud's Therapist directory is solely between you and that organization and/or individual. Because TherapyCloud makes no claim, representation, or warranties regarding and accepts no responsibility for, directly or indirectly, the quality, content, nature, or reliability of Therapists listed through TherapyCloud, any questions or concerns about such communication needs to be directed to that contacted Therapist specifically. Additionally, any contact form available through TherapyCloud is not meant for emergencies. If you are currently having an emergency, immediately call 9-1-1 or present yourself to the nearest emergency room.

(a) Transactional Phone Communications. By voluntarily providing your mobile phone number to TherapyCloud and agreeing to receive text messages, you expressly agree that TherapyCloud may contact you by telephone, SMS, or MMS messages (or successor protocols or technologies) for transactional, operational, or informational purposes, including appointment confirmations, appointment reminders, and post-appointment feedback requests, at the phone number provided. Message and data rates may apply. Message frequency varies. Reply STOP to cancel or HELP for help.

(b) Transactional Email Communications. By voluntarily providing your email to TherapyCloud, you expressly agree that TherapyCloud may contact you by email for transactional, operational, or informational purposes, including appointment confirmations, appointment reminders, and post-appointment feedback requests, at the email provided.

(c) Marketing Communications. By opting in to receive recurring automated marketing calls or text messages (such as SMS, MMS, or successor protocols or technologies) from TherapyCloud, you expressly agree to receive messages concerning the marketing and sale of our products, services, offers, promotions, and events, as well as your relationship with us, including your orders and the products and services that you have inquired about. You understand that consent is not required to make any purchase from us. Message and data rates may apply. Message frequency varies. Reply STOP to cancel or HELP for help.

(d) Representations; Indemnity: You represent and warrant that the mobile number provided to us is true and accurate and that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from TherapyCloud. You agree to indemnify and hold TherapyCloud harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, as well as claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to update your account information for any changes in your mobile telephone number.

(e) Participation Requirements. You must have a wireless device of your own that is capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all mobile devices may be supported, and our messages may not be deliverable in all areas. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider.

(f) Opt-Out Instructions: You can opt out of receiving transactional and/or marketing text messages at any time by adjusting your notification settings in your account, replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message that you receive from us, or otherwise following the given instructions for doing so. You acknowledge and agree to accept a final text message confirming your opt-out. Note that opting out of receiving all texts may impact your use of the Services.

(g) Accurate Account Information: If you change the phone number(s), you should update your TherapyCloud account information and the phone number(s) attached to your account to ensure we have up-to-date contact information, and any new phone number(s) you attach to your account may receive TherapyCloud’s standard SMS messages unless you also unsubscribe via the above procedures.

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19.3 Limitation of Claims

No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.

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19.4 Severability

In the event any one or more of the provisions of this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall be unimpaired. Further, the invalid, illegal, or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal, or unenforceable provision, except to the extent no such provision is valid, legal, and enforceable, in which case such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of this Agreement remain in full force and effect and enforceable.

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19.5 Governing Law; Language

This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of Michigan as applied to contracts made and to be performed entirely within Michigan, without giving effect to the state’s conflicts of law statute. This Agreement and all documents referenced herein were drafted in the English language, and any translations thereof shall not be binding on either party to the extent they conflict with the English versions.

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19.6 Entire Agreement; Waiver

This Agreement and any supplemental terms, policies, rules, and guidelines posted through the Services, each of which is incorporated herein by reference, including our Privacy Policy and Community Standards, constitute the entire agreement between you and us and supersede all previous written or oral agreements. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Failure of TherapyCloud to insist upon strict performance of any of the terms, conditions, and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

This Agreement shall be governed by and construed in accordance with the substantive laws of the United States of America without any reference to conflict-of-law principles. The Agreement describes and encompasses the entire agreement between you and us and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.

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19.7 Headings

The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret, or construe the meaning, scope, or intent of this Agreement or any terms or conditions therein.

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19.8 Assignment

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in the termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.

We may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our business or any assets to another entity. You may not assign, transfer, or sublicense this Agreement to anyone else, and any attempt to do so in violation of this section shall be null and void.

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19.9 Eligibility

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to create a TherapyCloud Account or use the Services on your own. Those under the age of 13 may not use the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Services only under the supervision of your parent or guardian who has agreed to these Terms of Use. By using the Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to “you” shall refer to such child or such other individual on whose behalf you have authorization to enter into these Terms of Use and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual.

If you do not qualify under these Terms of Use, you may not use the Services. Use of the Services is void where prohibited by applicable law, and the right to access the Services is revoked in such jurisdictions. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use. The Services are administered in the U.S. and intended for U.S. users only; any use outside of the U.S. or use related to activities outside of the U.S. is prohibited and at the user’s own risk. Users are responsible for compliance with any local, state, or federal laws applicable to their use of the Services.

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20. California Privacy Rights 

This Privacy Notice for California Residents supplements the TherapyCloud Privacy Policy to comply with the California Consumer Privacy Act of 2018 ("CCPA") and the California Privacy Rights Act ("CPRA") of 2020.

The CCPA and the CPRA are California laws that provide its residents with certain rights over information about them, including notice about the categories of personal information we have collected from them in the preceding twelve (12) months and the purposes for which the information is used or disclosed, and correction of personal information.

The following Sections outline the data that is Processed by us, as well as the purpose for collection.

The data may fall in certain defined categories under the CCPA and CPRA. Accordingly, we may have collected:

Identifiers;
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e));
Protected classification characteristics under California or federal law;
Commercial information;
Biometric information;
Internet or other similar network activity;
Geolocation data;
Sensory data;
Sensitive Personal Information;
Professional or employment-related information; and
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

The information that we may have shared in the past 12 months falls into the following personal information categories under the CCPA and CPRA:

Identifiers;
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e));
Protected classification characteristics under California or federal law;
Commercial information;
Internet or other similar network activity;
Geolocation data;
Sensory data;
Sensitive Personal Information; and
Professional or employment-related information;
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

The information that we have disclosed in the past 12 months and the recipients of the information are solely for the purpose of targeted advertising. We are not paid by a third party for any data. However, any information that we may have disclosed (or “sold” for the purposes of the CCPA and CPRA) in the past 12 months falls into the following personal information categories under the CCPA and CPRA:

Identifiers;
Commercial information; and
Internet or other similar network activity.

Do I have the right to know what information you have about me?

Yes, as a California resident you can request certain information about what we have Processed over the past 12 months. Once we receive and verify your consumer request, we can provide:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting that personal information.
The categories of Third Parties with whom we shared that personal information.
The specific pieces of personal information we collected about you.
Whether we disclosed your personal information for a business purpose and the personal information categories that each category of recipient obtained.

We will verify your identity by matching the information you provide with information that we maintain about you or via biometrics (specifically, FaceID via iOS). You also have the right to request that we correct personal information about you if it is found to be inaccurate. To make such a request, please send an email to hello@therapycloud.com.

Can I “opt out” or request that you delete my information?

Yes, you can request that we delete your data. Once your request is received and verified by matching the information you provide with information that we maintain about you or via biometrics, we'll move forward with deleting your information in line with our legal requirements and Policies. However, we cannot complete a deletion request and, instead, need to retain your information if the data is necessary to:

Provide you services, take actions reasonably anticipated within the context of our ongoing business relationship, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with applicable laws, including but not limited to, the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.) and information covered by the California Confidentiality of Medical Information Act.
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

As noted above, you do not need to opt in to the “sale” of personal information about you by withdrawing your consent to accept cookies used for advertising. Our websites are also designed to implement a do-not-sell privacy preference.

Other California privacy rights

California's “Shine the Light” law (Civil Code Section § 1798.83) permits California residents to request certain information regarding our disclosure of personal information to Third Parties for direct marketing purposes. To make such a request, please send an email to hello@therapycloud.com.

This document was last updated on March 8, 2025.