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Terms of Service

Sessionably Platform
Effective Date: January 20, 2025
Last Updated: January 20, 2025

1. Acceptance of Terms

Welcome to Sessionably ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our Electronic Health Record (EHR) platform located at https://sessionably.com (the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Sessionably is a HIPAA-compliant Electronic Health Record platform designed for mental health clinicians. The Service includes:

3. Eligibility

3.1 Age Requirement

You must be at least 18 years old to use the Service.

3.2 Professional Requirements

To use the Service for clinical purposes, you must:

3.3 Account Registration

To use the Service, you must:

4. User Accounts

4.1 Account Security

You are responsible for:

4.2 Account Types

We offer different account types:

4.3 Account Suspension or Termination

We reserve the right to suspend or terminate your account if you:

5. Acceptable Use

5.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to:

5.2 Prohibited Activities

You agree NOT to:

6. HIPAA Compliance

6.1 Your HIPAA Obligations

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

6.2 Our HIPAA Compliance

We maintain HIPAA compliance through:

6.3 Breach Notification

In the event of a security breach involving PHI:

7. Fees and Payment

7.1 Subscription Fees

7.2 Payment Terms

7.3 Stripe Payment Processing

7.4 Refunds

8. Intellectual Property

8.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by Sessionably and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Your Data

You retain all rights to your data, including:

8.3 License to Use Your Data

By using the Service, you grant us a limited, non-exclusive license to:

8.4 Feedback

Any feedback, comments, or suggestions you provide about the Service may be used by us without compensation or attribution.

9. Data Ownership and Portability

9.1 Your Data

You own and retain all rights to your data. You can:

9.2 Data Export

Upon request, we will provide you with a copy of your data in a standard, portable format within 30 days.

9.3 Data Deletion

You can request deletion of your account and data. However, we may retain certain data:

10. Service Availability

10.1 Uptime

We strive to provide 99.9% uptime but do not guarantee uninterrupted or error-free service.

10.2 Maintenance

We may:

10.3 Service Limitations

We are not liable for:

11. Disclaimers

11.1 No Medical Advice

The Service is a tool for managing patient records and is not a substitute for professional medical judgment. We do not provide medical advice, diagnosis, or treatment.

11.2 Service "As Is"

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

11.3 Third-Party Services

The Service integrates with third-party services (Backblaze, Twilio, Stripe, Vercel). We are not responsible for:

12. Limitation of Liability

12.1 Exclusion of Damages

To the maximum extent permitted by law, we shall not be liable for:

12.2 Maximum Liability

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid to us in the 12 months prior to the claim.

12.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some of the above limitations may not apply.

13. Indemnification

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

14. Termination

14.1 Termination by You

You may terminate your account at any time by:

14.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, if you:

14.3 Effect of Termination

Upon termination:

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Colorado, without regard to its conflict of law provisions.

15.2 Jurisdiction

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Boulder County, Colorado.

15.3 Informal Dispute Resolution

Before filing any formal legal action, you agree to:

15.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

16. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

Your continued use of the Service after any changes constitutes acceptance of the updated Terms.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and HIPAA Notice of Privacy Practices, constitute the entire agreement between you and Sessionably regarding the Service and supersede all prior agreements and understandings.

19. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20. Contact Us

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

Sessionably
Email: support@sessionably.com
Phone: 720-808-2150
Address: 75 Manhattan Dr. Ste. 206 Boulder, CO 80303

These Terms of Service are effective as of January 20, 2025.