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74 75 76<!----> 77 78<div class="I08gI"> 79 <div class="head"> 80 <section> 81 <div class="content"> 82 <img src="https://widget-cdn.simplepractice.com/static/assets/images/simplepractice.6c5d09035e5d9ffda7cd.png" alt="simplepractice"> 83 </div> 84 </section> 85 </div> 86 <div class="body"> 87 <section> 88 <div class="content"> 89 90 <h1>Client Portal Terms of Service</h1> 91 <br> 92 <p> 93 Effective Date: September 2, 2022 94 </p> 95 <br> 96 <p> 97 TO USE THE SOFTWARE AND THE SERVICE (AS DEFINED BELOW), YOU MUST ACCEPT THESE CLIENT PORTAL TERMS OF SERVICE 98 (âTERMS OF SERVICEâ) AND THE CLIENT PORTAL END USER LICENSE AGREEMENT AVAILABLE AT <a href="/license" rel="noopener noreferrer" target="_blank">HTTPS://WWW.CLIENTSECURE.ME/LICENSE</a> 99 (âEULAâ). BY ACCESSING OR USING THE SOFTWARE OR THE SERVICE, OR BY OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE 100 TERMS OF SERVICE OR THE EULA, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND THE EULA. IF YOU 101 DO NOT AGREE TO THESE TERMS OF SERVICE AND THE EULA, YOU ARE NOT PERMITTED TO USE THE SOFTWARE OR THE SERVICE. 102 </p> 103 <br> 104 <br> 105 <br> 106 <p> 107 These Terms of Service are a binding contract between the Client (as defined below) (referred to herein as âYouâ or 108 âYourâ) and SimplePractice, LLC (referred to herein as âSimplePracticeâ, âUsâ, âOurâ or âWeâ). These Terms of 109 Service shall govern Your use of the Service and certain rights and obligations with respect to User Data that is 110 placed in the Service, and associated Intellectual Property Rights thereto, including the use of the Client Portal 111 through which You will access the Service and Your Client Profile via the Applications or Websites (as defined 112 below). 113 </p> 114 <p> 115 NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THESE TERMS OF SERVICE INCLUDE A BINDING ARBITRATION 116 CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. 117 PLEASE READ THESE REQUIREMENTS CAREFULLY. 118 </p> 119 <p> 120 These Terms of Service apply to Your use of the Service and ALL transactions made on or through the Client Portal. 121 </p> 122 <p> 123 These Terms of Service may be modified by SimplePractice by notifying You as provided in Sections 24 and 25 below. 124 By continuing to access or use the Service after the effective date of any such change, You agree to be bound by the 125 modified Terms of Service. 126 </p> 127 <p> 128 Capitalized terms used but not defined in these Terms of Service have the meaning set out in the EULA. 129 </p> 130 <br> 131 <h2>1. Definitions </h2> 132 <br> 133 <ul> 134 <li>â<strong>Application</strong>â or â<strong>App</strong>â means the mobile application(s) used to access and use 135 the Service. 136 </li> 137 <li>â<strong>Client</strong>â is a patient or customer of a provider, therapist, clinician, or group practice that 138 utilizes SimplePractice Software and Services. The Client is responsible for the obligations and activities under 139 the Client Profile within the Client Portal. 140 </li> 141 <li>â<strong>Client Portal</strong>â is the website and application-based Software and Service in which Clients can 142 manage their appointments, process payments to their Provider, securely message their Provider, or perform and 143 manage other tasks and information related to their relationship with their Provider. 144 </li> 145 <li>â<strong>Client Profile</strong>â is the record specific to an individual Client and their information that is 146 maintained within the Client Portal. 147 </li> 148 <li>â<strong>Customer</strong>â means a Provider, such as a therapist, clinician, or group practice, that has an 149 account with SimplePracticeâs Software or Service. 150 </li> 151 <li><strong>âDispute</strong>â will have the broadest meaning possible and means any dispute, action, or other 152 controversy between You and SimplePractice relating to the Service, any transaction or relationship between You 153 and SimplePractice resulting from Your use of the Service, communications between You and SimplePractice, or these 154 Terms of Service â whether in contract, warranty, tort, laws, or regulations. 155 </li> 156 <li>â<strong>HIPAA</strong>â means the Health Insurance Portability and Accountability Act of 1996, the Health 157 Information Technology for Economic and Clinical Health Act and their implementing regulations as amended from 158 time to time. 159 </li> 160 <li>â<strong>Intellectual Property Rights</strong>â means copyrights, trademarks, service marks, trade dress,
161 publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights 162 recognized by law. 163 </li> 164 <li>â<strong>Payment Data</strong>â means any personal or financial information collected from a credit card, debit 165 card or other payment method, including but not limited to a cardholderâs account number, card expiration date, 166 and CVV2. 167 </li> 168 <li>â<strong>Protected Health Information</strong>â or â<strong>PHI</strong>â means protected health information as 169 defined by HIPAAâs Privacy Rule found at 45 C.F.R. §160.103. 170 </li> 171 <li>â<strong>Provider</strong>â means one of SimplePracticeâs Software or Service Customers, such as a therapist, 172 clinician, or group practice. 173 </li> 174 <li>â<strong>Servers</strong>â are computers or devices that host the Service.</li> 175 <li>â<strong>Service</strong>â means SimplePracticeâs technology and software platforms available on the Websites 176 and any affiliated sub-domains and Applications, Software, and Servers, including without limitation the Client 177 Portal and Telehealth service. 178 </li> 179 <li>â<strong>Software</strong>â is the software provided to You by SimplePractice and/or its suppliers under license 180 or with respect to which You have access, in connection with the Service. 181 </li> 182 <li>â<strong>Telehealth</strong>â means the video, audio, streaming and media service available through the Service 183 whether or not it is used for streaming of health care services. 184 </li> 185 <li>â<strong>Transaction Data</strong>â means Client information, User Data, Payment Data, transaction information, 186 bank information and credit card information including without limitation tokenized account information, tokens 187 and token access codes, account information or other data or information of any kind that is provided by or 188 generated or collected on Your Providerâs behalf to provide services to You and their Clients. 189 </li> 190 <li>â<strong>User Data</strong>â means any data or images that You or Your Provider uploads, stream or submit to the 191 Servers, Website, or other areas of the Service, or generated or collected on Your Providerâs behalf from the 192 Servers, Website, the Service or third parties, including but not limited to Protected Health Information, video, 193 image and sound data and Transaction Data; 194 </li> 195 <li>â<strong>User(s)</strong>â means Your Provider and their Team Member(s), as applicable, as well as their 196 customers or patients (âClientsâ). You, as a Client, are also a User of the Software and Service. 197 </li> 198 <li>â<strong>Website</strong>â means the websites and services available from any and all domains and subdomains of 199 SimplePractice, including but not limited to, https://support.simplepracticeclient.com, 200 https://clientsecure.me/client_portal, 201 https://video.simplepractice.com, and other websites provided to You by SimplePractice 202 through the Client Portal and any related or successor domains and mobile applications and sites from which 203 SimplePractice may offer the Service. 204 </li> 205 </ul> 206 <br> 207 <h2>2. Verification for SimplePractice</h2> 208 <br> 209 <p> 210 By accepting these Terms of Service, the person acknowledging agreement or assenting to these Terms of Service 211 represents that they are at least 18 years of age, or the legal age of majority where in the place of residence if 212 that jurisdiction has an older age of majority, and has the legal authority to contractually agree to these Terms of 213 Service on behalf of the Client. If you are a minor (under 18 years of age) using this Service, your Provider is 214 responsible for ensuring a parent or legal guardian has permitted your use of this Service, unless applicable laws 215 allow Your Provider to provide their care or services to You without such consent. Your Provider has agreed that any 216 Users who are under 13 years old require their parent or legal guardianâs consent to collect their User Data. Your 217 Provider is responsible for obtaining such consent, prior to the use by such User of the Service. Please contact 218 your Provider for questions pertaining to consents.
219 </p> 220 <p> 221 You agree that as a condition to accessing the Service, You will submit to Client verification when required by 222 SimplePractice, and provide only true and accurate identification documentation to SimplePractice or its third party 223 service providers as requested by SimplePractice. You are responsible for the security of Your Client Profile 224 information, and should take reasonable steps to ensure Your information remains confidential. 225 </p> 226 <br> 227 <h2>3. Accessing the Client Portal</h2> 228 <br> 229 <p> 230 To access and use the Service, You must be a Client of a Provider using SimplePracticeâs Software (You must be a 231 Client of one of SimplePracticeâs âCustomersâ). You may access the Client Portal using Google Sign In, or providing 232 Your email address to obtain a secure link.You agree to provide accurate, current, and complete information about 233 You as prompted when signing in to the Application or web-based version of the Client Portal or other Services 234 provided by SimplePractice. You may update certain information using the management tools provided in the Service or 235 by contacting Your Provider. 236 </p> 237 <br> 238 <h2>4. Responsibility for Use of Client Portal</h2> 239 <br> 240 <p> 241 You, as the Client, are responsible for all activities conducted through Your Client Profile, including activities 242 of other Users whose profile You may manage. In the event that fraud, violation of law, regulation or rule, or 243 conduct that violates these Terms of Service occurs (whether by You or someone else) that is in any way connected 244 with Your Client Profile, We may suspend or terminate Your use of the Service and Your Client Profile as described 245 herein and if applicable, You shall be financially responsible to SimplePractice for the consequences of such 246 use. 247 </p> 248 <br> 249 <h2>5. Modification of Service</h2> 250 <br> 251 <p> 252 SimplePractice reserves the right to add, modify, discontinue or eliminate aspect(s), features or functionality of 253 the Service from time to time for any reason including without limitation for purposes of compliance with applicable 254 laws and regulations, to effect improvements in security and functionality, to correct errors, or for any other 255 purposes, at its sole discretion. 256 </p> 257 <br> 258 <h2>6. Data Privacy </h2> 259 <br> 260 <p> 261 Please contact Your Provider if You have any questions about their privacy practices. 262 </p> 263 <br> 264 <p> 265 More information about SimplePracticeâs privacy practices is available in the SimplePractice Client Portal Privacy 266 Policy available at <a href="/privacy" rel="noopener noreferrer" target="_blank">https://clientsecure.me/privacy</a>. 267 </p> 268 <br> 269 <p> 270 It is Your Providerâs responsibility to comply with all applicable privacy and data protection laws and to ensure 271 that they have provided all required notices and obtained all necessary consents (including with respect to third 272 parties access) from You and their other patients and Clients, and that You have agreed to the collection of Your 273 User Data (including PHI) and the access of their User Data by You, by SimplePractice, and, where applicable, by 274 other third parties. Any sample documentation that is provided by SimplePractice for obtaining consent or other 275 information from Users is for illustration only, and Your Provider alone (and not SimplePractice) is responsible to 276 ensure that such documentation is adequate and enforceable. SimplePractice does not provide legal or compliance 277 advice and Your Provider is responsible for retaining competent counsel and advisors for these purposes. 278 </p> 279 <br> 280 <p> 281 In the event of termination of these Terms of Service, whether by Your cancellation of the Agreement, Your 282 cessation of services from a Provider who uses SimplePracticeâs Software, Your breach of the Agreement, or as 283 otherwise provided in these Terms of Service, Your Provider is the controller of Your User Data. It is Your 284 Providerâs sole responsibility (not SimplePracticeâs) to manage, maintain, store, or export file or files containing 285 the User Data within the Service to ensure the secure preservation of User Data (including PHI) for You and their 286 other clients and patients pursuant to federal and state law. SimplePractice will destroy the User Data in Your 287 Client Profile as described herein. 288 </p> 289 <br> 290 <h2>7. No Responsibility for Acts of Omissions of Third Party Websites</h2> 291 <br> 292 <p> 293 The Service may contain links to, or otherwise allow connections to third-party websites, servers, and online
294 services or environments that are not owned or controlled by SimplePractice. You agree that SimplePractice is not 295 responsible or liable for the content, policies, or practices of any third-party websites, servers, or online 296 services or environments. Please consult any applicable terms of use and privacy policies provided by the third 297 party for such websites, servers, or online services or environments. 298 </p> 299 <br> 300 <h2>8. Your Rights with Respect to User Data</h2> 301 <br> 302 <p> 303 In connection with User Data You upload or submit to or which is created by the Service, You affirm, represent, and 304 warrant that You own or have all necessary rights and permissions to authorize SimplePractice to use, retain, copy, 305 and process the User Data in the Service and as contemplated by these Terms of Service. You agree that by uploading 306 or submitting any User Data or Transaction Data to or through the Service, You hereby automatically at such time 307 grant SimplePractice (and its affiliates) a non-exclusive, worldwide, royalty-free, sublicensable, and transferable 308 license to use, reproduce, distribute, prepare derivative works of, perform and display such User Data and 309 Transaction Data (including User Data and Transaction Data that is created, collected or generated by the Service or 310 SimplePractice using the User Data and Transaction Data You submit) solely for the purposes of providing the 311 Service.You agree that the license includes the right to copy, analyze and use any of Your User Data and Transaction 312 Data as SimplePractice may deem necessary or desirable for purposes of debugging, testing, or providing support or 313 development services in connection with the Service and future improvements to the Service. Notwithstanding anything 314 to the contrary herein, You also hereby provide SimplePractice (and its affiliates) an irrevocable perpetual royalty 315 free, assignable license, authority, and permission to obtain, copy, and use, at SimplePracticeâs request, without 316 notice to You, from payment processors, banks, card and ACH processors and gateway provider, which support the 317 Service, all of Your Transaction Data and User Data for purposes of providing You the Service and processing Your 318 payments to Your Provider. 319 </p> 320 <br> 321 <h2>9. Payment and Billing Services</h2> 322 <br> 323 <p> 324 If Your Provider uses Our payment processing services and billing services, You may be able to process transactions 325 and payments to Your Provider. Any questions or concerns related to Your payments should be directed to Your 326 Provider, not SimplePractice. 327 </p> 328 <br> 329 <h2> 330 <span style="font-size: 24px;">10. Interruption of Service 331 </span> 332 </h2> 333 <br> 334 <p> 335 SimplePractice may on occasion need to interrupt or suspend the Service, with or without prior notice, to protect 336 the integrity or functionality of the Service or for maintenance purposes. You agree that SimplePractice is not 337 liable for any interruption or suspension of the Service (whether intentional or not), and You understand that 338 neither You nor any other User or Client Profile You manage will be entitled to any compensation for interruption or 339 suspension of service. Likewise, You agree that in the event of loss of any User Data, We will not be liable for any 340 purported damage or harm arising therefrom. 341 </p> 342 <br> 343 <h2>11. SimplePracticeâs Intellectual Property Rights and Limited License Granted to You</h2> 344 <br> 345 <p> 346 For more information about the limited license SimplePractice provides in connection with the Software and the 347 Service, please refer to the EULA. 348 </p> 349 <br> 350 <h2>12. Telehealth Service</h2> 351 <br> 352 <p> 353 SimplePractice Telehealth is a solution We provide to allow You and Your Provider to meet remotely using video, 354 audio, and other media capabilities. SimplePractice Telehealth is part of the Service and allows You to attend Your 355 appointments and connect with Your Provider for Telehealth consultations. For terms related to Your use of the 356 Telehealth Service, please contact Your Provider. 357 </p> 358 <br> 359 <p> 360 YOU ACKNOWLEDGE AND AGREE THAT SIMPLEPRACTICE IS SOLELY PROVIDING THE TELEHEALTH TECHNOLOGY PLATFORM AND IS NOT 361 PROVIDING MEDICAL ADVICE OR HEALTHCARE SERVICES. SIMPLEPRACTICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED â AND 362 SHALL HAVE NO LIABILITY OR RESPONSIBILITY â IN CONNECTION WITH ANY HEALTHCARE SERVICES, MEDICAL ADVICE, 363 PRESCRIPTIONS OR MEDICATION RECOMMENDATIONS DELIVERED THROUGH THE SERVICE.
364 </p> 365 <br> 366 <h3><strong>Telehealth User Data Restrictions</strong></h3> 367 <p> 368 You may not upload, store or share any User Data with respect to Telehealth that violates these Terms of Service or 369 applicable law. Although We have no obligation to screen, edit or monitor User Data provided in connection with 370 Telehealth, We may delete or remove User Data at any time and for any reason. 371 </p> 372 <br> 373 <h3><strong>Limitations on Number of Telehealth Participants</strong></h3> 374 <p> 375 Telehealth sessions can support up to two (2) individual participants who are patients or clients, in addition to 376 one person who is the Provider. A session with any number of individual participants exceeding two (2) is an 377 unsupported version of the product and may be suspended or interrupted by SimplePractice. Additionally, without 378 limiting the right to suspend or interrupt the session as provided in these Terms of Service, We have the right to 379 remove Telehealth sessions with more than two (2) participants (as provided above) from a Providerâs account if the 380 network experiences adverse impact, or for any reason, at any time. 381 </p> 382 <br> 383 <h3><strong>Telehealth Prohibited Conduct and Content</strong></h3> 384 <p> 385 Users of SimplePractice Telehealth are solely responsible for their conduct while accessing or using the 386 SimplePractice Telehealth Service. Such conduct must not violate these Terms of Service or any applicable law, 387 contract, intellectual property or other third-party right or commit a tort. Without limitation to the foregoing, 388 You will not:<br><br></p> 389 <ul> 390 <li>Engage in any harassing, threatening, intimidating, predatory or stalking conduct;</li> 391 <li>Attempt to circumvent any content-filtering techniques We employ or attempt to access any feature or area of the 392 SimplePractice Telehealth service that Users are not authorized to access; or 393 </li> 394 <li>Use the SimplePractice Telehealth service for any illegal or unauthorized purpose, or engage in, encourage or 395 promote any activity that violates these Terms of Service or the EULA. 396 </li> 397 </ul> 398 <br> 399 <p> 400 You may only upload or otherwise share User Data that You have all necessary rights to disclose. You may not 401 upload, store or share any User Data that:<br><br></p> 402 <ul> 403 <li>Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, 404 invasive of privacy or publicity rights, abusive, inflammatory or fraudulent; 405 </li> 406 <li>Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or 407 otherwise create liability or violate any local, state, national or international law; 408 </li> 409 <li>May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any 410 party; 411 </li> 412 <li>Contains any private or personal information of a third party, without such third partyâs consent;</li> 413 </ul> 414 <br> 415 <p> 416 By accessing or using the Service, You acknowledge that information about You and other Users or Client Profiles 417 You may manage will be processed in, transferred to and stored in both the United States and other countries, where 418 You and other Users may not have the same rights and protections as provided under local law. 419 </p> 420 <br> 421 <h2>13. Prohibited Conduct While Using the Service</h2> 422 <br> 423 <p> 424 You agree that You will not, and will ensure those whose Client Profile You manage do not:<br><br></p> 425 <ul> 426 <li>Post, display or transmit information or data, User Data, or Transaction Data, including the unauthorized use of 427 any payment method, that violates any law, regulation or rule, or the rights of any third party including without 428 limitation Intellectual Property Rights; 429 </li> 430 <li>Impersonate any person or entity without their consent, or otherwise misrepresent Your affiliation;</li> 431 <li>Post or transmit viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming 432 routines that may harm the Service or interests or rights of other users, or that may harvest or collect any data 433 or personally identifiable information about other users without their consent; 434 </li> 435 <li>Engage in malicious, disruptive or other conduct that impedes or interferes with other Usersâ normal use of the 436 Service; or 437 </li> 438 <li>Attempt to gain unauthorized access to any other Client Profile that is not Your own or that You do not 439 manage; 440 </li> 441 <li>You agree that You will not upload, publish, or submit to any part of the Client Portal any User Data that is 442 protected by Intellectual Property Rights or otherwise subject to proprietary rights, including trade secret or 443 privacy rights, unless You are the owner of such rights or have permission from the rightful owner to upload or 444 submit the User Data and to grant SimplePractice all of the license rights granted in these Terms of Service. You 445 agree that SimplePractice will have no liability for, and You agree to defend (at SimplePracticeâs option), 446 indemnify, and hold SimplePractice harmless for, any claims, losses or damages arising out of or in connection 447 with Your User Data. 448 </li> 449 </ul> 450 <br> 451 <h2>14. Violation of Terms of Service</h2> 452 <br> 453 <p> 454 Any violation by You of these Terms of Service may result in immediate suspension or termination of Your use of the 455 Service without any compensation at SimplePracticeâs option. 456 </p> 457 <br> 458 <h2>15. Releases</h2> 459 <br> 460 <p> 461 You agree not to hold SimplePractice liable for the User Data or Transaction Data, or for the actions, or inactions 462 of You or other Users of the Client Portal or of other third parties. As a condition of access to the Client Portal, 463 You release SimplePractice (and its officers, directors, shareholders, agents, parents, subsidiaries, and employees) 464 from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and 465 unknown, arising out of or in any way connected with any dispute You have or claim to have with one or more other 466 users of the Client Portal or with other third parties, including whether or not SimplePractice becomes involved in 467 any resolution or attempted resolution of the dispute. If You are a California resident, You waive California Civil 468 Code Section 1542 (as may be amended). The statute currently provides: âA general release does not extend to claims 469 that the creditor or the releasing party does not know or suspect to exist in his or her favor at the time of 470 executing the release and that, if known by him or her, would have materially affected his or her settlement with 471 the debtor or release party.â If You are a resident of another jurisdiction, You waive any comparable statute or 472 doctrine. 473 </p> 474 <br> 475 <h2>16. Disclaimer of Express and Implied Warranties</h2> 476 <br> 477 <p> 478 SIMPLEPRACTICE PROVIDES THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE, THE WEBSITES, THE SERVERS, THE 479 APPLICATIONS, THE TELEHEALTH SERVICE, AND YOUR CLIENT PROFILE, STRICTLY ON AN âAS IS'' BASIS, AND HEREBY EXPRESSLY 480 DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING 481 WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR 482 PURPOSE. NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY CONTENT. 483 NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR USER DATA OR ANY EXPENDITU
483RE ON YOUR PART, 484 SIMPLEPRACTICE AND YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA RELATING TO 485 YOUR CLIENT PROFILE RESIDING ON SIMPLEPRACTICEâ SERVERS. YOU ASSUME ALL RISK OF LOSS FROM USING THE SERVICE ON THIS 486 BASIS. 487 </p> 488 <br> 489 <p> 490 SimplePractice does not ensure continuous, error-free, secure or virus-free operation of the Service, the Software, 491 the Websites, the Servers, the Applications, the Telehealth Service, or Your Client Profile, and You understand that 492 You shall not be entitled to compensation based on SimplePracticeâs failure to provide any of the foregoing other 493 than as explicitly provided in these Terms of Service. Some jurisdictions do not allow the disclaimer of implied 494 warranties, and to that extent, the foregoing disclaimer may not apply to You. 495 </p> 496 <br> 497 <h2>17. Limitation of Liability</h2> 498 <br> 499 <p> 500 IN NO EVENT SHALL SIMPLEPRACTICE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, EQUITY OWNERS, MANAGERS, 501 SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, 502 CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING 503 WITHOUT LIMITATION, ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY 504 OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE 505 SIMPLEPRACTICE SOFTWARE, THE WEBSITES, THE SERVERS, YOUR CLIENT PROFILE (INCLUDING ITS TERMINATION OR SUSPENSION) OR 506 THESE TERMS OF SERVICE, WHETHER OR NOT SIMPLEPRACTICE MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD 507 OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL SIMPLEPRACTICEâS 508 CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED FIFTY DOLLARS (U.S. $150.00). Some jurisdictions do 509 not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be 510 impermissible, such limitation may not apply to You. 511 </p> 512 <br> 513 <h2>18. Termination of Service and License</h2> 514 <br> 515 <p> 516 Upon termination of Your relationship with or provision of services from Your Provider, the license granted by 517 SimplePractice to use the Website, Software, Applications, and the Service will automatically terminate, and all 518 User Data in Your Client Profile will only be retained as long as Your Provider stores Your User Data in their 519 Account. Your Provider is responsible for managing all data and ensuring the secure preservation of PHI for their 520 Clients pursuant to federal and state law, and ethical requirements. If Your Client Profile is deleted by Your 521 Provider, or if Your Provider disables the Client Portal, You will no longer be able to access the Software. 522 </p> 523 <p> 524 SimplePractice reserves the right to terminate Your use of the Software at any time, with or without any reason. We 525 may suspend or terminate Your license to use the Software if We determine in Our discretion that such action is 526 desirable for any reason, or advisable to comply with applicable legal requirements, or to protect the rights or 527 interests of SimplePractice or any third party. If You fail to comply with any of these Terms, Your license to use 528 the Software may immediately terminate without notice or further action by SimplePractice. Upon termination You must 529 delete the App from Your device(s). 530 </p> 531 <br> 532 <h2>19. Liability for Unpaid Charges Upon Termination of Services</h2> 533 <br> 534 <p> 535 Upon termination by You or by SimplePractice of Your use of the Software, You will remain solely responsible for 536 any amounts or charges unpaid to Your Provider. 537 </p> 538 <br> 539 <h2>20. Survival of Terms After Termination</h2> 540 <br> 541 <p> 542 The following terms will survive any termination of these Terms of Service: Sections 1, 2, 4, 8, 9,11, and 15 543 through 26. 544 </p> 545 <br> 546 <h2>21. Dispute Resolution</h2> 547 <br> 548 <p> 549 In the event of a Dispute between You and SimplePractice (including any dispute over the validity, enforceability, 550 or scope of this dispute resolution provision), other than with respect to claims for injunctive relief, the Dispute 551 will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association Commercial 552 Arbitration Rules. The place of the arbitration shall be in Los Angeles, California. In the event that there is any 553 Dispute between You and SimplePractice that is determined not to be subject to arbitration pursuant to the preceding 554 sentence, You agree to submit in that event to the exclusive jurisdiction and venue of the state and federal courts 555 located in the City and County of Los Angeles, California. You agree that these Terms of Service and the 556 relationship between You and SimplePractice shall be governed by the Federal Arbitration Act and the laws of the 557 State of California without regard to conflict of law principles or the United Nations Convention on the 558 International Sale of Goods. Notwithstanding this, either party shall still be allowed to apply for injunctive or 559 other equitable relief to protect or enforce that partyâs Intellectual Property Rights in any court of competent 560 jurisdiction where the other party resides or has its principal place of business. 561 </p> 562 <br> 563 <h3><strong>CLASS ACTION WAIVER</strong></h3> 564 <p> 565 ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. 566 CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS,
566CONSOLIDATION OF YOUR DISPUTE WITH OTHER 567 ARBITRATIONS, OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY OR 568 AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED AND ARE WAIVED BY YOU, AND AN ARBITRATOR WILL HAVE NO JURISDICTION 569 TO HEAR SUCH CLAIMS. IF A COURT OR ARBITRATOR FINDS THAT THE CLASS ACTION WAIVER IN THIS SECTION IS UNENFORCEABLE AS 570 TO ALL OR SOME PARTS OF A DISPUTE, THEN THE CLASS ACTION WAIVER WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS 571 WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION. IF ANY OTHER 572 PROVISION OF THIS DISPUTE RESOLUTION SECTION IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THAT PROVISION WILL BE SEVERED 573 WITH THE REMAINDER OF THIS SECTION REMAINING IN FULL FORCE AND EFFECT. 574 </p> 575 <br> 576 <h2>22. Disclaimer of Warranties as to Use Outside of the United States</h2> 577 <br> 578 <p> 579 SimplePractice is a United States-based service. We make no warranty or representation that any aspect of the 580 Service, including Telehealth, is appropriate for use outside of the United States or may be used for persons who 581 are then located outside the United States. This includes You, and any other Client(s) whose profile(s) You may 582 manage. Those who access the Service from other locations are responsible for compliance with applicable local laws. 583 The Software is subject to applicable export laws and restrictions. SimplePractice bears no liability or 584 responsibility in connection with Clients who access the Client Portal from any country outside the United 585 States. 586 </p> 587 <br> 588 <h2>23. Assignment of Agreement</h2> 589 <br> 590 <p> 591 You may not assign these Terms of Service without Our prior written consent. You may not transfer or sublicense any 592 licenses granted by SimplePractice in these Terms of Service without Our prior written consent. We may assign these 593 Terms of Service, in whole or in part, and all related rights, licenses, benefits and obligations, without 594 restriction, including the right to sublicense any rights and licenses under these Terms of Service without Your 595 consent. 596 </p> 597 <br> 598 <h2>24. Integration, Interpretation of Section Headings and Severability</h2> 599 <br> 600 <p> 601 These Terms of Service and the EULA set forth the entire agreement and understanding between You and SimplePractice 602 with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings. 603 SimplePractice reserves the right to modify these Terms of Service at any time upon reasonable notification to You. 604 If any future change is unacceptable to You, You should discontinue using the Service. Your continued use of the 605 Service after You have received notice of any changes to these Terms of Service will always indicate Your acceptance 606 of these Terms of Service and any changes to it. 607 </p> 608 <br> 609 <p> 610 You acknowledge that no other written, oral or electronic communications will serve to modify or supplement these 611 Terms of Service and the EULA, and You agree not to make any claims inconsistent with this understanding or in 612 reliance on communications not part of these Terms of Service or the EULA. The section headings used herein, 613 including descriptive summary sentences at the start of each section, are for convenience only and shall not affect 614 the interpretation of these Terms of Service. If any provision of these Terms of Service shall be held by a court of 615 competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be 616 deemed severable from these terms and shall not affect the validity and enforceability of the remaining 617 provisions. 618 </p> 619 <br> 620 <h2>25. Notices</h2> 621 <br> 622 <p> 623 SimplePractice may provide notice to You and obtain consent from You (1) through the Website (2) by electronic mail 624 at the electronic mail address associated with Your Client Profile; and/or (3) through the Applications. 625 </p> 626 <br> 627 <h2>26. Consent to Electronic Communications</h2> 628 <br> 629 <p> 630 We may provide Users information, notices, and product updates by email or posting through the Website, 631 Application, or Service. Most of the communications sent to You are sent on behalf of Your Provider. The emails and 632 other communications You will receive include those relating to billing, accessing the Client Portal, appointment 633 reminders, survey requests (for product and Service improvement purposes), and administrative announcements 634 (including related to these Terms of Service, Our Privacy Policy, or security incident notifications). You 635 understand that by using the Service and agreeing to these Terms of Service, SimplePractice will send to You the 636 foregoing communication types and You hereby waive any right to opt out of such communications to the extent 637 permitted by applicable law. Your Provider is responsible for obtaining either requisite consent or ceasing email 638 communication to You in the event that You opt out of receipt of any such communications. 639 </p> 640 <br> 641 <h2>27. DMCA Notice</h2> 642 <br> 643 <p> 644 It is SimplePracticeâs policy to respond to alleged copyright infringement notices that comply with the Digital 645 Millennium Copyright Act of 1998 (âDMCAâ). 646 </p> 647 <p> 648 If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is 649 accessible via the Service, please notify SimplePracticeâs copyright agent as set forth in the DMCA. For Your 650 complaint to be valid under the DMCA, You must provide the following information in writing: 651 </p> 652 <ol> 653 <li>An electronic or physical signature of a person authorized to act on behalf of the copyright owner;</li> 654 <li>Identification of the copyrighted work that You claim has been infringed;</li> 655 <li>Identification of the material that is claimed to be infringing and where it is located on the Service;</li> 656 <li>Information reasonably sufficient to permit SimplePractice to contact You, such as Your address, telephone 657 number, and, e-mail address; 658 </li> 659 <li>A statement that You have a good faith belief that use of the material in the manner complained of is not 660 authorized by the copyright owner, its agent, or law; and 661 </li> 662 <li>A statement, made under penalty of perjury, that the above information is accurate, and that You are the 663 copyright owner or are authorized to act on behalf of the owner. 664 </li> 665 </ol> 666 <br> 667 <p> 668 The above information must be submitted to the following DMCA Agent: 669 </p> 670 <p> 671 <strong>Re:</strong> DMCA Notice - SimplePractice 672 </p> 673 <p> 674 <strong>Address: </strong></p> 675 <p> 676 Executive Counsel PLC, 2883 Macao Drive, 677 </p> 678 <p> 679 Herndon VA 20171 Attn: Nelson Blitz. 680 </p> 681 <p> 682 <strong>Tel:</strong> 703-391-1188
683 </p> 684 <p> 685 <strong>Email: </strong>[email protected] 686 </p> 687 <br> 688 <p> 689 Under federal law, if You knowingly misrepresent that online material is infringing, You may be subject to criminal 690 prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneysâ fees. 691 </p> 692 <br> 693 <p> 694 Please note that this procedure is exclusively for notifying SimplePractice and its affiliates that Your 695 copyrighted material has been infringed. The preceding requirements are intended to comply with SimplePracticeâs 696 rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be 697 advisable to contact an attorney regarding Your rights and obligations under the DMCA and other applicable laws. 698 </p> 699 <br> 700 <p> 701 In accordance with the DMCA and other applicable law, SimplePractice has adopted a policy of terminating, in 702 appropriate circumstances, Users who are deemed to be repeat infringers. SimplePractice may also at its sole 703 discretion limit access to the Service and/or terminate the User accounts of any Users who infringe any intellectual 704 property rights of others, whether or not there is any repeat infringement. 705 </p> 706 707 </div> 708 </section> 709 </div> 710</div> 711 712 713 714<div id="ember1711" class="_1APjq ember-view"><!----></div> 715 716 717 718 <span class="spds-feedback-toast-container" hidden></span> 719<!---->
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