Terms & Conditions

Client Portal Terms of Service

Effective Date: September 2, 2022

TO USE THE SOFTWARE AND THE SERVICE (AS DEFINED BELOW), YOU MUST ACCEPT THESE CLIENT PORTAL TERMS OF SERVICE (“TERMS OF SERVICE”) AND THE CLIENT PORTAL END USER LICENSE AGREEMENT AVAILABLE AT HTTPS://WWW.CLIENTSECURE.ME/LICENSE (“EULA”). BY ACCESSING OR USING THE SOFTWARE OR THE SERVICE, OR BY OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS OF SERVICE OR THE EULA, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND THE EULA. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND THE EULA, YOU ARE NOT PERMITTED TO USE THE SOFTWARE OR THE SERVICE.

These Terms of Service are a binding contract between the Client (as defined below) (referred to herein as “You” or “Your”) and SimplePractice, LLC (referred to herein as “SimplePractice”, “Us”, “Our” or “We”). These Terms of Service shall govern Your use of the Service and certain rights and obligations with respect to User Data that is placed in the Service, and associated Intellectual Property Rights thereto, including the use of the Client Portal through which You will access the Service and Your Client Profile via the Applications or Websites (as defined below).
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THESE TERMS OF SERVICE INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ THESE REQUIREMENTS CAREFULLY.
These Terms of Service apply to Your use of the Service and ALL transactions made on or through the Client Portal.
These Terms of Service may be modified by SimplePractice by notifying You as provided in Sections 24 and 25 below. By continuing to access or use the Service after the effective date of any such change, You agree to be bound by the modified Terms of Service.
Capitalized terms used but not defined in these Terms of Service have the meaning set out in the EULA.

1. Definitions

“Application” or “App” means the mobile application(s) used to access and use the Service.
“Client” is a patient or customer of a provider, therapist, clinician, or group practice that utilizes SimplePractice Software and Services. The Client is responsible for the obligations and activities under the Client Profile within the Client Portal.
“Client Portal” is the website and application-based Software and Service in which Clients can manage their appointments, process payments to their Provider, securely message their Provider, or perform and manage other tasks and information related to their relationship with their Provider.
“Client Profile” is the record specific to an individual Client and their information that is maintained within the Client Portal.
“Customer” means a Provider, such as a therapist, clinician, or group practice, that has an account with SimplePractice’s Software or Service.
“Dispute” will have the broadest meaning possible and means any dispute, action, or other controversy between You and SimplePractice relating to the Service, any transaction or relationship between You and SimplePractice resulting from Your use of the Service, communications between You and SimplePractice, or these Terms of Service – whether in contract, warranty, tort, laws, or regulations.
“HIPAA” means the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act and their implementing regulations as amended from time to time.
“Intellectual Property Rights” means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognized by law.
“Payment Data” means any personal or financial information collected from a credit card, debit card or other payment method, including but not limited to a cardholder’s account number, card expiration date, and CVV2.
“Protected Health Information” or “PHI” means protected health information as defined by HIPAA’s Privacy Rule found at 45 C.F.R. §160.103.
“Provider” means one of SimplePractice’s Software or Service Customers, such as a therapist, clinician, or group practice.
“Servers” are computers or devices that host the Service.
“Service” means SimplePractice’s technology and software platforms available on the Websites and any affiliated sub-domains and Applications, Software, and Servers, including without limitation the Client Portal and Telehealth service.
“Software” is the software provided to You by SimplePractice and/or its suppliers under license or with respect to which You have access, in connection with the Service.
“Telehealth” means the video, audio, streaming and media service available through the Service whether or not it is used for streaming of health care services.
“Transaction Data” means Client information, User Data, Payment Data, transaction information, bank information and credit card information including without limitation tokenized account information, tokens and token access codes, account information or other data or information of any kind that is provided by or generated or collected on Your Provider’s behalf to provide services to You and their Clients.
“User Data” means any data or images that You or Your Provider uploads, stream or submit to the Servers, Website, or other areas of the Service, or generated or collected on Your Provider’s behalf from the Servers, Website, the Service or third parties, including but not limited to Protected Health Information, video, image and sound data and Transaction Data;
“User(s)” means Your Provider and their Team Member(s), as applicable, as well as their customers or patients (“Clients”). You, as a Client, are also a User of the Software and Service.
“Website” means the websites and services available from any and all domains and subdomains of SimplePractice, including but not limited to, https://support.simplepracticeclient.com, https://clientsecure.me/client_portal, https://video.simplepractice.com, and other websites provided to You by SimplePractice through the Client Portal and any related or successor domains and mobile applications and sites from which SimplePractice may offer the Service.

2. Verification for SimplePractice

By accepting these Terms of Service, the person acknowledging agreement or assenting to these Terms of Service represents that they are at least 18 years of age, or the legal age of majority where in the place of residence if that jurisdiction has an older age of majority, and has the legal authority to contractually agree to these Terms of Service on behalf of the Client. If you are a minor (under 18 years of age) using this Service, your Provider is responsible for ensuring a parent or legal guardian has permitted your use of this Service, unless applicable laws allow Your Provider to provide their care or services to You without such consent. Your Provider has agreed that any Users who are under 13 years old require their parent or legal guardian’s consent to collect their User Data. Your Provider is responsible for obtaining such consent, prior to the use by such User of the Service. Please contact your Provider for questions pertaining to consents.
You agree that as a condition to accessing the Service, You will submit to Client verification when required by SimplePractice, and provide only true and accurate identification documentation to SimplePractice or its third party service providers as requested by SimplePractice. You are responsible for the security of Your Client Profile information, and should take reasonable steps to ensure Your information remains confidential.

3. Accessing the Client Portal

To access and use the Service, You must be a Client of a Provider using SimplePractice’s Software (You must be a Client of one of SimplePractice’s “Customers”). You may access the Client Portal using Google Sign In, or providing Your email address to obtain a secure link.You agree to provide accurate, current, and complete information about You as prompted when signing in to the Application or web-based version of the Client Portal or other Services provided by SimplePractice. You may update certain information using the management tools provided in the Service or by contacting Your Provider.

4. Responsibility for Use of Client Portal

You, as the Client, are responsible for all activities conducted through Your Client Profile, including activities of other Users whose profile You may manage. In the event that fraud, violation of law, regulation or rule, or conduct that violates these Terms of Service occurs (whether by You or someone else) that is in any way connected with Your Client Profile, We may suspend or terminate Your use of the Service and Your Client Profile as described herein and if applicable, You shall be financially responsible to SimplePractice for the consequences of such use.

5. Modification of Service

SimplePractice reserves the right to add, modify, discontinue or eliminate aspect(s), features or functionality of the Service from time to time for any reason including without limitation for purposes of compliance with applicable laws and regulations, to effect improvements in security and functionality, to correct errors, or for any other purposes, at its sole discretion.

6. Data Privacy

Please contact Your Provider if You have any questions about their privacy practices.

More information about SimplePractice’s privacy practices is available in the SimplePractice Client Portal Privacy Policy available at https://clientsecure.me/privacy.

It is Your Provider’s responsibility to comply with all applicable privacy and data protection laws and to ensure that they have provided all required notices and obtained all necessary consents (including with respect to third parties access) from You and their other patients and Clients, and that You have agreed to the collection of Your User Data (including PHI) and the access of their User Data by You, by SimplePractice, and, where applicable, by other third parties. Any sample documentation that is provided by SimplePractice for obtaining consent or other information from Users is for illustration only, and Your Provider alone (and not SimplePractice) is responsible to ensure that such documentation is adequate and enforceable. SimplePractice does not provide legal or compliance advice and Your Provider is responsible for retaining competent counsel and advisors for these purposes.

In the event of termination of these Terms of Service, whether by Your cancellation of the Agreement, Your cessation of services from a Provider who uses SimplePractice’s Software, Your breach of the Agreement, or as otherwise provided in these Terms of Service, Your Provider is the controller of Your User Data. It is Your Provider’s sole responsibility (not SimplePractice’s) to manage, maintain, store, or export file or files containing the User Data within the Service to ensure the secure preservation of User Data (including PHI) for You and their other clients and patients pursuant to federal and state law. SimplePractice will destroy the User Data in Your Client Profile as described herein.

7. No Responsibility for Acts of Omissions of Third Party Websites

The Service may contain links to, or otherwise allow connections to third-party websites, servers, and online services or environments that are not owned or controlled by SimplePractice. You agree that SimplePractice is not responsible or liable for the content, policies, or practices of any third-party websites, servers, or online services or environments. Please consult any applicable terms of use and privacy policies provided by the third party for such websites, servers, or online services or environments.

8. Your Rights with Respect to User Data

In connection with User Data You upload or submit to or which is created by the Service, You affirm, represent, and warrant that You own or have all necessary rights and permissions to authorize SimplePractice to use, retain, copy, and process the User Data in the Service and as contemplated by these Terms of Service. You agree that by uploading or submitting any User Data or Transaction Data to or through the Service, You hereby automatically at such time grant SimplePractice (and its affiliates) a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, perform and display such User Data and Transaction Data (including User Data and Transaction Data that is created, collected or generated by the Service or SimplePractice using the User Data and Transaction Data You submit) solely for the purposes of providing the Service.You agree that the license includes the right to copy, analyze and use any of Your User Data and Transaction Data as SimplePractice may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the Service and future improvements to the Service. Notwithstanding anything to the contrary herein, You also hereby provide SimplePractice (and its affiliates) an irrevocable perpetual royalty free, assignable license, authority, and permission to obtain, copy, and use, at SimplePractice’s request, without notice to You, from payment processors, banks, card and ACH processors and gateway provider, which support the Service, all of Your Transaction Data and User Data for purposes of providing You the Service and processing Your payments to Your Provider.

9. Payment and Billing Services

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

10. Interruption of Service

SimplePractice may on occasion need to interrupt or suspend the Service, with or without prior notice, to protect the integrity or functionality of the Service or for maintenance purposes. You agree that SimplePractice is not liable for any interruption or suspension of the Service (whether intentional or not), and You understand that neither You nor any other User or Client Profile You manage will be entitled to any compensation for interruption or suspension of service. Likewise, You agree that in the event of loss of any User Data, We will not be liable for any purported damage or harm arising therefrom.

11. SimplePractice’s Intellectual Property Rights and Limited License Granted to You

For more information about the limited license SimplePractice provides in connection with the Software and the Service, please refer to the EULA.

12. Telehealth Service

SimplePractice Telehealth is a solution We provide to allow You and Your Provider to meet remotely using video, audio, and other media capabilities. SimplePractice Telehealth is part of the Service and allows You to attend Your appointments and connect with Your Provider for Telehealth consultations. For terms related to Your use of the Telehealth Service, please contact Your Provider.

YOU ACKNOWLEDGE AND AGREE THAT SIMPLEPRACTICE IS SOLELY PROVIDING THE TELEHEALTH TECHNOLOGY PLATFORM AND IS NOT PROVIDING MEDICAL ADVICE OR HEALTHCARE SERVICES. SIMPLEPRACTICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED – AND SHALL HAVE NO LIABILITY OR RESPONSIBILITY – IN CONNECTION WITH ANY HEALTHCARE SERVICES, MEDICAL ADVICE, PRESCRIPTIONS OR MEDICATION RECOMMENDATIONS DELIVERED THROUGH THE SERVICE.

Telehealth User Data Restrictions
You may not upload, store or share any User Data with respect to Telehealth that violates these Terms of Service or applicable law. Although We have no obligation to screen, edit or monitor User Data provided in connection with Telehealth, We may delete or remove User Data at any time and for any reason.

Limitations on Number of Telehealth Participants
Telehealth sessions can support up to two (2) individual participants who are patients or clients, in addition to one person who is the Provider. A session with any number of individual participants exceeding two (2) is an unsupported version of the product and may be suspended or interrupted by SimplePractice. Additionally, without limiting the right to suspend or interrupt the session as provided in these Terms of Service, We have the right to remove Telehealth sessions with more than two (2) participants (as provided above) from a Provider’s account if the network experiences adverse impact, or for any reason, at any time.

Telehealth Prohibited Conduct and Content
Users of SimplePractice Telehealth are solely responsible for their conduct while accessing or using the SimplePractice Telehealth Service. Such conduct must not violate these Terms of Service or any applicable law, contract, intellectual property or other third-party right or commit a tort. Without limitation to the foregoing, You will not:

Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Attempt to circumvent any content-filtering techniques We employ or attempt to access any feature or area of the SimplePractice Telehealth service that Users are not authorized to access; or
Use the SimplePractice Telehealth service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms of Service or the EULA.

You may only upload or otherwise share User Data that You have all necessary rights to disclose. You may not upload, store or share any User Data that:

Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Contains any private or personal information of a third party, without such third party’s consent;

By accessing or using the Service, You acknowledge that information about You and other Users or Client Profiles You may manage will be processed in, transferred to and stored in both the United States and other countries, where You and other Users may not have the same rights and protections as provided under local law.

13. Prohibited Conduct While Using the Service

You agree that You will not, and will ensure those whose Client Profile You manage do not:

Post, display or transmit information or data, User Data, or Transaction Data, including the unauthorized use of any payment method, that violates any law, regulation or rule, or the rights of any third party including without limitation Intellectual Property Rights;
Impersonate any person or entity without their consent, or otherwise misrepresent Your affiliation;
Post or transmit viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines that may harm the Service or interests or rights of other users, or that may harvest or collect any data or personally identifiable information about other users without their consent;
Engage in malicious, disruptive or other conduct that impedes or interferes with other Users’ normal use of the Service; or
Attempt to gain unauthorized access to any other Client Profile that is not Your own or that You do not manage;
You agree that You will not upload, publish, or submit to any part of the Client Portal any User Data that is protected by Intellectual Property Rights or otherwise subject to proprietary rights, including trade secret or privacy rights, unless You are the owner of such rights or have permission from the rightful owner to upload or submit the User Data and to grant SimplePractice all of the license rights granted in these Terms of Service. You agree that SimplePractice will have no liability for, and You agree to defend (at SimplePractice’s option), indemnify, and hold SimplePractice harmless for, any claims, losses or damages arising out of or in connection with Your User Data.

14. Violation of Terms of Service

Any violation by You of these Terms of Service may result in immediate suspension or termination of Your use of the Service without any compensation at SimplePractice’s option.

15. Releases

You agree not to hold SimplePractice liable for the User Data or Transaction Data, or for the actions, or inactions of You or other Users of the Client Portal or of other third parties. As a condition of access to the Client Portal, You release SimplePractice (and its officers, directors, shareholders, agents, parents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute You have or claim to have with one or more other users of the Client Portal or with other third parties, including whether or not SimplePractice becomes involved in any resolution or attempted resolution of the dispute. If You are a California resident, You waive California Civil Code Section 1542 (as may be amended). The statute currently provides: “A general release does not extend to claims that the creditor or the 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 release party.” If You are a resident of another jurisdiction, You waive any comparable statute or doctrine.

16. Disclaimer of Express and Implied Warranties

SIMPLEPRACTICE PROVIDES THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE, THE WEBSITES, THE SERVERS, THE APPLICATIONS, THE TELEHEALTH SERVICE, AND YOUR CLIENT PROFILE, STRICTLY ON AN “AS IS'' BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY CONTENT. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR USER DATA OR ANY EXPENDITURE ON YOUR PART, SIMPLEPRACTICE AND YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA RELATING TO YOUR CLIENT PROFILE RESIDING ON SIMPLEPRACTICE’ SERVERS. YOU ASSUME ALL RISK OF LOSS FROM USING THE SERVICE ON THIS BASIS.

SimplePractice does not ensure continuous, error-free, secure or virus-free operation of the Service, the Software, the Websites, the Servers, the Applications, the Telehealth Service, or Your Client Profile, and You understand that You shall not be entitled to compensation based on SimplePractice’s failure to provide any of the foregoing other than as explicitly provided in these Terms of Service. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to You.

17. Limitation of Liability

IN NO EVENT SHALL SIMPLEPRACTICE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, EQUITY OWNERS, MANAGERS, SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION, ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE SIMPLEPRACTICE SOFTWARE, THE WEBSITES, THE SERVERS, YOUR CLIENT PROFILE (INCLUDING ITS TERMINATION OR SUSPENSION) OR THESE TERMS OF SERVICE, WHETHER OR NOT SIMPLEPRACTICE MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL SIMPLEPRACTICE’S CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED FIFTY DOLLARS (U.S. $150.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation may not apply to You.

18. Termination of Service and License

Upon termination of Your relationship with or provision of services from Your Provider, the license granted by SimplePractice to use the Website, Software, Applications, and the Service will automatically terminate, and all User Data in Your Client Profile will only be retained as long as Your Provider stores Your User Data in their Account. Your Provider is responsible for managing all data and ensuring the secure preservation of PHI for their Clients pursuant to federal and state law, and ethical requirements. If Your Client Profile is deleted by Your Provider, or if Your Provider disables the Client Portal, You will no longer be able to access the Software.
SimplePractice reserves the right to terminate Your use of the Software at any time, with or without any reason. We may suspend or terminate Your license to use the Software if We determine in Our discretion that such action is desirable for any reason, or advisable to comply with applicable legal requirements, or to protect the rights or interests of SimplePractice or any third party. If You fail to comply with any of these Terms, Your license to use the Software may immediately terminate without notice or further action by SimplePractice. Upon termination You must delete the App from Your device(s).

19. Liability for Unpaid Charges Upon Termination of Services

Upon termination by You or by SimplePractice of Your use of the Software, You will remain solely responsible for any amounts or charges unpaid to Your Provider.

20. Survival of Terms After Termination

The following terms will survive any termination of these Terms of Service: Sections 1, 2, 4, 8, 9,11, and 15 through 26.

21. Dispute Resolution

In the event of a Dispute between You and SimplePractice (including any dispute over the validity, enforceability, or scope of this dispute resolution provision), other than with respect to claims for injunctive relief, the Dispute will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in Los Angeles, California. In the event that there is any Dispute between You and SimplePractice that is determined not to be subject to arbitration pursuant to the preceding sentence, You agree to submit in that event to the exclusive jurisdiction and venue of the state and federal courts located in the City and County of Los Angeles, California. You agree that these Terms of Service and the relationship between You and SimplePractice 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. Notwithstanding this, either 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.

CLASS ACTION WAIVER
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM 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.

22. Disclaimer of Warranties as to Use Outside of the United States

SimplePractice is a United States-based service. We make no warranty or representation that any aspect of the Service, including Telehealth, is appropriate for use outside of the United States or may be used for persons who are then located outside the United States. This includes You, and any other Client(s) whose profile(s) You may manage. Those who access the Service from other locations are responsible for compliance with applicable local laws. The Software is subject to applicable export laws and restrictions. SimplePractice bears no liability or responsibility in connection with Clients who access the Client Portal from any country outside the United States.

23. Assignment of Agreement

You may not assign these Terms of Service without Our prior written consent. You may not transfer or sublicense any licenses granted by SimplePractice in these Terms of Service without Our prior written consent. We may assign these Terms of Service, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction, including the right to sublicense any rights and licenses under these Terms of Service without Your consent.

24. Integration, Interpretation of Section Headings and Severability

These Terms of Service and the EULA set forth the entire agreement and understanding between You and SimplePractice with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings. SimplePractice reserves the right to modify these Terms of Service at any time upon reasonable notification to You. If any future change is unacceptable to You, You should discontinue using the Service. Your continued use of the Service after You have received notice of any changes to these Terms of Service will always indicate Your acceptance of these Terms of Service and any changes to it.

You acknowledge that no other written, oral or electronic communications will serve to modify or supplement these Terms of Service and the EULA, and You agree not to make any claims inconsistent with this understanding or in reliance on communications not part of these Terms of Service or the EULA. The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of these Terms of Service. If any provision of these Terms of Service shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.

25. Notices

SimplePractice may provide notice to You and obtain consent from You (1) through the Website (2) by electronic mail at the electronic mail address associated with Your Client Profile; and/or (3) through the Applications.

26. Consent to Electronic Communications

We may provide Users information, notices, and product updates by email or posting through the Website, Application, or Service. Most of the communications sent to You are sent on behalf of Your Provider. The emails and other communications You will receive include those relating to billing, accessing the Client Portal, appointment reminders, survey requests (for product and Service improvement purposes), and administrative announcements (including related to these Terms of Service, Our Privacy Policy, or security incident notifications). You understand that by using the Service and agreeing to these Terms of Service, SimplePractice will send to You the foregoing communication types and You hereby waive any right to opt out of such communications to the extent permitted by applicable law. Your Provider is responsible for obtaining either requisite consent or ceasing email communication to You in the event that You opt out of receipt of any such communications.

27. DMCA Notice

It is SimplePractice’s policy to respond to alleged copyright infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify SimplePractice’s copyright agent as set forth in the DMCA. For Your complaint to be valid under the DMCA, You must provide the following information in writing:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that You claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit SimplePractice to contact You, such as Your address, telephone number, and, e-mail address;
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:
Re: DMCA Notice - SimplePractice
Address:
Executive Counsel PLC, 2883 Macao Drive,
Herndon VA 20171 Attn: Nelson Blitz.
Tel: 703-391-1188
Email: nblitz@exec-counsel.com

Under federal law, if You knowingly misrepresent that online material is infringing, You may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.

Please note that this procedure is exclusively for notifying SimplePractice and its affiliates that Your copyrighted material has been infringed. The preceding requirements are intended to comply with SimplePractice’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding Your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, SimplePractice has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. SimplePractice may also at its sole discretion limit access to the Service and/or terminate the User accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Terms & Conditions - Privacy Policy

Client Portal Privacy Policy

Last Updated : September 2 , 2022

This Privacy Policy describes how SimplePractice LLC (“SimplePractice,” “we,” “us,” or “our”) collects, uses and discloses the Personal Information (as defined below)of our Customer’s patients and clients (“Clients,” “you,” or “your”) when using the client web portal and client mobile application(including telehealth services) controlled by their healthcare or wellness Provider (our “Customer” or your “Provider”) (collectively, the “Client Portal” or the “Services”).

Certain SimplePractice Services may use a different privacy policy to provide notice to you about how we use and disclose the Personal Information we collect in the context of that Service. To the extent that we post or reference a different privacy policy, that different privacy policy, not this Privacy Policy, will apply to your Personal Information collected in the context of that Service.

1. Note to SimplePractice Customers and their Clients

Our treatment of Client Personal Information is governed by our agreements with our Customers, including our SimplePractice Terms of Service and HIPAA Business Associate Agreement, as applicable (our “Agreement”). If any provision in our Agreement with our Customers conflicts with any provision in this Privacy Policy, the provision in the Agreement will control to the extent of such conflict.

We will also direct Clients to their Providers, the controller of their personal information. Please see the “ California Privacy Statement ” and “ Additional State Privacy Laws ” sections of this privacy policy for more details.

If you are a Client of one of our Customers, we may retain your Personal Information on behalf of that Customer. If you have questions about how we process your Personal Information, we encourage you to reach out to the appropriate Customer or visit our Help Center.

2. Personal Information We Collect

“Personal Information” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, such as your name, email address, IP address, telephone number, and broader categories of information such as your professional, educational or health information, commercial information and internet activity. In the course of you using the Client Portal, we may collect Personal Information directly from you or indirectly from you, such as through your Provider. The categories of Personal Information we collect about you depends upon your interactions with us and how you utilize the Client Portal. For example, we may collect:

Identifiers and contact information , such as your name, email address, mailing address, phone numbers, and IP addresses. We collect this information directly from you or indirectly from your Provider when your Provider creates or edits your Client Profile, for allowing your Provider to communicate with you and provide their services to you, to enable you to access the Client Portal, and to enable your electronic signature on certain documents or agreements.
Billing information , such as your insurance information, invoices, name, email address, mailing address, phone number, Provider information, date of services, and services received. We store this information on behalf of you and your Provider so that your Provider may process your payments to them, and so that you may view and manage your billing information in the Client Portal.
Audio, electronic and visual information , such as your photographs or images, your voice and other similar information. We process this information to enable you and your Provider to use our Telehealth service, if applicable, and to allow you to create file attachments in the Client Portal.
Internet, device, and other electronic network activity information , such as your browsing history, search history, device and connectivity data, and your navigation and interactions within and with our Services. We collect this information in an anonymized format, in which your identity is not verifiable. We collect this information through a third-party source or through our cookies and other tracking technologies in order to conduct business analytics or to improve our business functionality and the Services. The appropriate contracts are in place with third-party sources to ensure they do not use this information beyond the purpose of providing services to us. Please review the “ Data Collection Technologies and Cookies ” section below to learn more about our use of cookies and data collection technologies.
Profile information and inferences , such as information about your preferences and characteristics. We collect profile information by drawing inferences from the above categories of Personal Information, in an anonymized format, in order to understand Client patterns and preferences, and to enable us to tailor and update our Services and communications.
Appointment Information , such as date, time and location of your appointments with yourProvider. We store this information on behalf of your Provider so that you and your Provider can view and manage your appointments.
Sensitive personal information , collected on behalf of your Provider in the course of providing theirservices to you, such as your race or ethnic origin, sexual orientation, credit or debit card number, health status, driver’s license or subsequent form of identification, or secure messages exchanged between you and your Provider. We may store this information on behalf of your Provider to ensure they can manage your Client Profile, provide their services and/or care to you, verify your identity and insurance information, and to allow them to process payments from you. We also store this information so that you may manage your payments to your Provider and so that you may securely communicate with your Provider in the Client Portal. This information is not accessed or used outside of what is described in this privacy policy and is in accordance with HIPAA privacy law. Please contact your Provider for questions regarding how they handle your sensitive personal information.
Information we receive from authentication services you connect to our Services. Some parts of our Services may allow you to login through a third-party social network or authentication service such as Google. These services will authenticate your identity and provide you the option to share certain personal information with us, which may include your name, email address, or other information. The data we receive is dependent on that third party’s policies and your privacy settings on that third-party site. We will treat Personal Information collected from third party sources in accordance with this Privacy Policy, but we are not responsible for the accuracy of information provided by third parties or for their policies or practices. If you choose to connect a Google or Gmail account to our Services, we will ask you to grant us application permissions to access your Gmail account. These permissions are necessary to sustain the functionality of our Services. We will store your authentication token and account email address. This data will be securely stored to be used by us to provide you with the Services (including, but not limited to, allowing you to access the Client Portal). This data will not be voluntarily shared with any third parties, but we may provide this information to legal authorities upon their lawful request. You may choose to disconnect your Gmail account at any time. We do not use data obtained from Clients (from their Google accounts) for advertising purposes. We may need access to the user data to resolve a support issue, provide advice on service usage or provide any other help requested by the Client, or as such access may be necessary for a security investigation or to comply with applicable laws. We use this information to operate, maintain, and provide to you the features and functionality of the Services. We may also send you service-related emails or messages (e.g. Client support, changes, or updates to features of the Services, or technical and security notices).

3. How We Use Personal Information

In addition to the purposes for collection described above, we also collect your Personal Information for the following general purposes:

To maintain your Client Profile, to send you requested product and Client Portal information, and to send you product and Client Portal updates;
To respond to your support or help center requests and address your questions and concerns;
To process billing information and transactions within the Client Portal;
To authenticate your identity and allow you to view, fill out, and sign documents in the Client Portal;
To administer, measure, and improve our Services and Client Portal experience, including measuring the effectiveness and functionality of the Services, aggregating statistical information on site usage, diagnosing problems with our servers, and analyzing traffic;
To detect security incidents, to protect against malicious, deceptive, fraudulent or illegal activity, and to comply with our policies and procedures;
To comply with our legal, regulatory and risk management obligations, including establishing, exercising and/or defending legal claims, responding to law enforcement requests and as required by applicable law, court order, or governmental regulations, and to comply with applicable state and federal laws, including, but not limited to laws related to protecting Client and public health and safety;
Any other purpose with your consent.

4. How We Share and Disclose Your Personal Information

We may share your Personal Information in the following circumstances:

To your Providers/our Customers : We share your Personal Information with your Providers/our Customers inorder to provide you with the Services and facilitate our agreements with our Customers.
To Service Providers : We may share your Personal Information with companies that provideservices to us, such as for hosting, marketing and communication services, analytics services, and payment processing (“Service Providers”). Our policy is to authorize these Service Providers to use your Personal Information only as necessary to provide services for us, and we require that the appropriate contracts are in place to ensure they do not use or disclose your Personal Information for any other purpose.
To parties outside of SimplePractice :
- We may share your Personal Information with our parent and affiliate companies in order for them to provide analytics across the entire corporate family and for other internal business purposes.
- From time to time, we may be required to provide Personal Information to a third party in order to comply with a subpoena, court order, government investigation, or similar legal process.
- We may also share your Personal Information to third parties, such as law enforcement agencies, when we, in good faith, believe that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
- To any other third party for whom you have given your consent for us to share your Personal Information.
In a corporate transaction : If SimplePractice is involved in a corporate transaction, such as abankruptcy, merger, acquisition, reorganization, or sale of all or a portion of its assets, we may share or transfer your Personal Information as part of any such transaction.

5. Access and Choice

Client Portal Contents : If your Personal Information changes, it can be modified by contacting your Provider and requesting that they update your Personal Information. Only certain information, such as your billing information, can be modified by you in the Client Portal.

Push Notification Preferences : We may send you emails or banners in the Client Portal relative to yourrelationship with your Provider, with us, and your transactions. This may include, but is not limited to alerts, push notifications, appointment reminders and updates, and updates to our products, services, and policies. You can edit your push notification preferences in the “Notification Settings” section of the Client Portal.

Client Profile Deletion : We provide our customers a software service for which they can managetheir Client’s information. We control a limited amount of your data. If you wish to have your information within the Client Portal deleted, please contact your Provider. Please note that this may affect your Provider’s ability to provide you with their services and that this data may be subject to certain data privacy laws and regulations. If you wish to delete other information that SimplePractice collects about you as outlined in this privacy policy please refer to our “ California Privacy Statement ” and “Additional State Privacy Laws ” sections in this privacy policy.

Please understand that we will not be able to provide you Services if you are not a Client of a SimplePractice Customer.

6. Data Collection Technologies and Cookies

As is true of many digital properties, we and our third-party partners may automatically collect certain information from or in connection with your device when visiting or interacting with our Services, such as:

Log Data , including internet protocol (IP) address, operating system, device typeand version, browser type and version, browser id, the URL entered and the referring page/campaign, date/time of visit, other user agent string data, the time spent on our Services, and any errors that may occur during the visit to our Services). Log data may overlap with the other categories of data below.
Analytics Data , including the electronic path you take to our Services, through ourServices and when exiting our Services, UTM source, as well as your usage and activity on our Services, such as the time zone, activity information (first and last active date and time), usage history (emails opened, total log-ins) as well as the pages and links you view, click or otherwise interact with.
Location Data , such as general geographic location which can be inferred based on yourIP address.

We and our third-party Service Providers may use (i) cookies or small data files that are sent to your browser from a web server and stored on your computer’s hard drive and (ii) other, related technologies, such as web beacons, pixels, SDKs, embedded scripts, and logging technologies (“ cookies ”) to automatically collect this information. We may use this information to monitor and analyze how you use and interact with our Services.

We use information gathered from these technologies so that we can analyze trends, administer the Services, and track users’ movements around the Services.

If you would prefer not to accept cookies, most browsers will allow you to change the setting of cookies by adjusting the settings on your browser to: (i) notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Be aware that disabling cookies may negatively affect the functionality of this and many other websites that you visit. Disabling cookies may result in also disabling certain functionalities and features of the Services.

Depending on your device and operating system, you may not be able to delete or block all cookies. In addition, if you want to reject cookies across all your browsers and devices, you will need to do so on each browser on each device you actively use. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.

Do Not Track: Please note that the Services are not presently configured to respond to DNT or “do not track” signals from web browsers or mobile devices. As such, we do not recognize or respond to Do Not Track requests.

7. Retention and Security

We will retain your Personal Information and sensitive Personal Information for as long as your information resides in our Customer’s Clients and Contacts list, as needed to provide you Services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

We follow generally accepted standards to protect the Personal Information submitted to us, both during transmission and once we receive it. For example, when you enter sensitive information (such as when you submit your intake forms), we encrypt the transmission of that information using secure socket layer technology (SSL). However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

8. California Privacy Statement

California residents have certain rights under the California Shine the Light law, the California Consumer Privacy Act (“CCPA”), and the California Privacy Rights Act (“CPRA”). The CPRA provided amendments and updates to the CCPA.

CCPA and CPRA Disclosures: In general, within the preceding 12 months:

We have collected the categories of Personal Information listed in Section 2 above.
We have collected these categories of Personal Information directly from you, indirectly from your Provider or our Customer, and when you use the Client Portal and our Services, for the purposes described in Section 3 above.
We have disclosed the following categories of Personal Information for business purposes: Billing and transactional information; internet, device, and network activity information; and profile information and inferences.
We have not sold your Personal Information.

CPRA and CCPA Privacy Rights: Certain California residents are entitled to privacy rights under the CPRA and CCPA. Clients who wish to exercise these rights should send an email to privacy@simplepractice.com or fill out this form , and also direct their requests to the Customer who controls their Personal Information.

The right to know. You have the right to request to know (i) the specific pieces of Personal Information we have about you; (ii) the categories of Personal Information we have collected about you in the last 12 months; (iii) the categories of sources from which that Personal Information was collected; (iv) the categories of your Personal Information that we sold or disclosed in the last 12 months; (v) the categories of third parties to whom your Personal Information was sold or disclosed in the last 12 months; and (vi) the purpose for collecting and selling your Personal Information.
The right to deletion. You have the right to request that we delete the Personal Information that we, including our third-party Service Providers, have collected or maintain about you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your Personal Information was collected. If we deny your request for deletion, we will let you know the reason why.
The right to correct. You have the right to request correction of any inaccurate Personal Information we have about you.
The right to opt-in and opt-out of sharing and selling of your Personal Information. We do not sell your Personal Information. We only share your Personal Information as outlined in this privacy policy to provide our Services to you.
The right to limit use and disclosure of sensitive personal information. You have the right to restrict the ways in which we use and disclose your sensitive personal information. We do not use, share, or disclose your sensitive personal information in any way, except as outlined in this privacy policy for the purposes of providing our Services to you. We do not exchange this information for cross-contextual behavioral advertising nor for any commercial or monetary purposes.
The right to equal service. If you choose to exercise any of these rights, we will not discriminate or retaliate against you in any way. If you exercise certain rights, understand that you may be unable to use or access certain features of our Services.

You may exercise your right to know and your right to deletion twice a year free of charge. Currently, there is no limitation on your right to correct, although this is forthcoming. The remainder of your privacy rights are not subject to limitations. To exercise your privacy rights please contact us at privacy@simplepractice.com or fill out this form.

We will take steps to verify your identity before processing your privacy rights requests. We will not fulfill your request unless you have provided sufficient information for us to verify you are the individual about whom we collected Personal Information. If you have a Client Profile and use our Services, we will use our existing authentication practices to verify your identity. If you do not have a Client Profile, we may request additional information about you to verify your identity. We will only use the Personal Information provided in the verification process to verify your identity or authority to make a request and to track and document request responses, unless you initially provided the information for another purpose.

You may use an authorized agent to submit a privacy rights request. When we verify your agent’s request, we may verify both your and your agent’s identity and request a signed document from you that authorizes your agent to make the request on your behalf. To protect your Personal Information, we reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on their behalf.

Shine the Light: Our California Clients are also entitled to request and obtain from SimplePractice once per calendar year information about any of your Personal Information shared with third parties for their own direct marketing purposes, including the categories of information and the names and addresses of those businesses with which we have shared such information. However, we do not share your information with third parties for their own direct marketing purposes.

9. Additional State Privacy Laws

SimplePractice takes our Customers’ and Clients’ privacy and data protection very seriously, and we work vigorously to ensure we remain compliant with applicable federal and state privacy laws.

Under the Virginia Consumer Data Protection Act (VCDPA), effective January 1, 2023, Virginia residents have additional privacy rights. Clients who wish to exercise these rights should send an email to privacy@simplepractice.com and also direct their requests to the Customer who controls their Personal Information.

The right to know, access and confirm personal data. You have the right to know whether or not we are processing your personal data and to access such personal data.
The right to deletion. You have the right to request that we delete the Personal Information that we, including our third-party service Providers, have collected or maintain about you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your Personal Information was collected. If we deny your request for deletion, we will let you know the reason why.
The right to correct. You have the right to request correction of any inaccurate Personal Information we have about you.
The right to data portability. You have the right to easy and portable access to all pieces of Personal Information that we have collected or maintain about you.
The right to opt-out of the processing of personal data for targeted advertising purposes. We do not use your Personal Information for targeted advertising. We may use your Personal Information, however, to provide updates to you about our product and Services and other necessary communications in the course of providing our services to you and your Provider.
The right to opt-out of the sale of personal data. We do not sell your Personal Information. We only share your Personal Information as outlined in this privacy policy to provide our Services to you.
The right to opt-out of profiling based upon personal data. You have the right to opt-out of any processing of personal data for the purposes of profiling for decisions that produce legal effects or similarly significant effects on you. We do not use your Personal Information for this purpose.
The right to equal service. If you choose to exercise any of these rights, we will not discriminate or retaliate against you in any way. If you exercise certain rights, understand that you may be unable to use or access certain features of our Services.

Per the VCDPA, information provided in response to your requests shall be provided by us, free of charge, up to twice annually per Client. We will update this privacy policy periodically and as necessary to maintain compliance with the evolving privacy landscape.

10. Additional Information

Information for Visitors and Users from Outside of the United States : We are committed to complying with this Privacy Policy and the data protection laws that apply to our collection and use of your Personal Information. We are located in the United States, where the laws may be different and, in some cases, less protective than the laws of other countries. By providing us with your Personal Information and using the Services, you acknowledge that your Personal Information will be transferred to and processed in the United States and other countries where we and our vendors operate.

Links to Other Sites : The Services may contain links to other sites that are not owned orcontrolled by SimplePractice. This may include, but is not limited to, links to add appointments to your calendar or links for directions to your Provider’s office. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects Personal Information. This Privacy Policy applies only to information collected or stored in or by our Services.

Children’s Privacy : Our Services are not directed towards, nor do we knowingly collect anyPersonal Information from children under 13, unless they are a Client of our Customer. Please contact your Provider for information on how they collect and handle information from a Client who is under the age of 13.

Changes to This Policy : We may update this Privacy Policy to reflect changes to our informationpractices. If we make any material changes, we will notify you by email (sent to the email address specified in your Client Profile) or by means of a notice in our applications or on our websites prior to or upon the change becoming effective. We encourage you to review this page periodically for the latest information on our privacy practices.

11. Contact Us

If you have any questions in connection with this Privacy Policy or other privacy-related matters, please visit our Help Center.

Client Portal End User License Agreement

Client Portal End User License Agreement

Welcome to SimplePractice! Through the SimplePractice Client Portal application and website portal (together, the “Software”), SimplePractice, LLC (“SimplePractice”) provides individuals and entities with access to a variety of information, resources, and interactive tools (together, the “Services”). As used below, “You” and “Your” refer to any individual or entity that uses the Software or the Services as a client of one of SimplePractice’s customers, such as a therapist, clinician, or group practice (each, a “Provider”).

TO USE THE SOFTWARE AND SERVICES, YOU MUST ACCEPT THE TERMS AND CONDITIONS OF THIS CLIENT PORTAL END USER LICENSE AGREEMENT (“EULA”) AND THE TERMS OF SERVICE AVAILABLE AT https://clientsecure.me/terms/ (“TERMS OF SERVICE”). BY ACCESSING OR USING THE SOFTWARE OR SERVICES, OR BY OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THIS EULA OR THE TERMS OF SERVICE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS EULA AND THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THIS EULA AND THE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE THE SOFTWARE OR THE SERVICES.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS EULA INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH SIMPLEPRACTICE. PLEASE READ THESE REQUIREMENTS CAREFULLY.

Capitalized terms used but not defined in this EULA have the meaning set out in the Terms of Service.

Scope of the License and Restrictions

Subject to Your compliance with this EULA, SimplePractice hereby grants You a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the Software and the Services specifically as set forth herein. This limited license is granted solely for the purpose of performing those functions and tasks available to You as an end user of a properly licensed version of the Software and Services, and is expressly conditioned upon You continuing to be a client (“Client”) of one of SimplePractice’s Customers.

You are not permitted to:

rent, lease, lend, sell, redistributeor sublicense the Software or theServices.

copy any ideas, features, functions orgraphics contained in the Softwareor the Services.

copy (except as expressly permitted by this EULA), decompile, reverseengineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software or the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Software or the Services).

engage in any conduct that has a harmful impact on the Software or theServices, or on other users of the Software or Services.

engage in any harassing, threatening, intimidating, predatory or stalkingconduct;

attempt to circumvent any content-filtering techniques or attempt toaccess any feature or area of the Software or Services that You are notauthorized to access; or

use the Software or Services for any illegal or unauthorized purpose, orengage in, encourage or promote any activity that violates this EULA.

remove or alter any trademark, logo, copyright or other proprietarynotices in the Software or Services.

use the Software or Services for any purpose other than as expresslypermitted under this EULA.

SimplePractice reserves the right to audit Your use of the Software or Services to ensure Your compliance with this EULA.

The actions above are prohibited whether done directly or indirectly.

The actions above are prohibited whether done with respect to all or just a part of the Software or the Services.

This EULA will govern any upgrades provided by SimplePractice that replace and/or supplement the original Software or Services, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern, and You agree to promptly install any such upgrade and cease use of the prior version. Nothing in this paragraph creates an obligation for SimplePractice to prepare or provide any upgrades to the Software or Services.

User Data

In connection with Your access to and use of the Software or Services, SimplePractice processes the information and other content that You upload, stream or submit, or that is otherwise generated or collected from You on behalf of Your Provider. This may include, but is not limited to, profile data, health information, video, image and sound data, and personal or financial information collected from a credit card, debit card or other payment method (collectively, “User Data”). If You make any User Data available to SimplePractice, You represent and warrant that the User Data is accurate, complete and up-to-date.

Your Provider and SimplePractice have entered into an agreement that restricts how SimplePractice can use User Data, such as protected health information that is subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or other applicable law. For more information about the User Data restrictions set by Your Provider, please ask Your Provider.

Except as otherwise agreed with Your Provider, SimplePractice retains the right to collect, store, process, maintain, upload, sync, transmit, share, disclose and otherwise use User Data to provide the Software and Services, including, but not limited to, for the purposes of authentication, performance optimization, software updates, product support, processing and providing other Services or to otherwise improve SimplePractice’s products or to provide services or technologies to You and Your Provider.

You may not upload, store or share any User that violates this EULA or applicable law. Without limiting the foregoing, You are not permitted to upload, store or share any User Data that:

is unlawful, libelous, defamatory,obscene, pornographic, indecent, lewd,suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent.

would constitute, encourage or provide instructions for a criminaloffense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law.

may infringe any patent, trademark,trade secret, copyright or otherintellectual or proprietary right of any party.

contains any private or personalinformation of a third party without theconsent of that third party if required by law.

SimplePractice has no obligation to screen, edit or monitor User Data, but reserves the right to delete, remove or suspend the use of User Data at any time and for any reason.

More information about SimplePractice’s privacy practices is available in the SimplePractice Client Portal Privacy Policy available at https://clientsecure.me/privacy .

Software and Services

The Software and Services are intended to allow You to maintain and access certain information while You are a Client of one of SimplePractice’s Customers. Specifically, the Software and Services are meant to offer You the ability to access Your Client Profile, communicate with Your Provider, manage Your appointments with Your Provider, manage Your payments to Your Provider, and provide other features related to Your relationship with Your Provider. Your Provider, not SimplePractice, controls Your access to these features. You must contact Your Provider for requests to update or change Your access privileges or certain information in the Software or Services.

To use the Software or Services, You represent that You are at least 18 years of age, or the legal age of majority where in Your place of residence if that jurisdiction has an older age of majority, and have the legal authority to contractually agree to this EULA on behalf of the Client. If You are a minor (under 18 years of age) using this Service, Your Provider is responsible for ensuring a parent or legal guardian has permitted Your use of the Software and Services, unless applicable laws allow Your Provider to provide their care or services to You without such consent. Your Provider has agreed that any Users who are under 13 years old require their parent or legal guardian’s consent to collect their User Data or for their use of the Service. Your Provider is responsible for obtaining such consent, prior to the use by such User of the Service. Please contact Your Provider for questions pertaining to consents.  If You make payments to Your Provider via the Software and Services, You are solely responsible for providing and maintaining accurate contact and payment information associated with Your account. If You dispute any payment made using the Software or Services, please contact Your Provider.

Use of the Software and Services is at Your own risk. You will be solely responsible for Your use of the Software and Services. You will be solely responsible for the decisions or actions resulting from Your use of the Software and Services.

THE SOFTWARE AND SERVICES DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR RECOMMENDATIONS FOR TREATMENT. THIS INFORMATION IS GIVEN TO YOU BY YOUR PROVIDER. CONSULT YOUR PROVIDER FOR MEDICAL OR HEALTH ADVICE OR INFORMATION REGARDING DIAGNOSIS OR TREATMENT OF A MEDICAL CONDITION.

Communications

You may receive communications relating to Your use of the Software and Services, including communications relating to billing and appointments. Your Provider is responsible for obtaining any consents required by law to provide these communications to You. If You do not want to receive these communications, please contact Your Provider.

If the Software and Services enable Telehealth video, audio, streaming or other media services from Your Provider, please note that it is Your Provider’s responsibility to give You any Telehealth-related notices and ask You for any Telehealth-related consents required by applicable law.

Intellectual Property

The Intellectual Property Rights in and to the Software and Services are owned by SimplePractice and its licensors. SimplePractice’s trademarks, service marks, trade names, logos, domain names, taglines, and trade dress (collectively, the “SimplePractice Marks”) are also owned by SimplePractice. You understand that such Intellectual Property Rights are apart from any rights You may have in User Data You upload or submit to the Software or Services.

You may receive optional surveys and questionnaires in which You can provide feedback, suggestions, comments, proposed improvements and/or modifications, and recommendations as well as other forms of written feedback on the Software or Services (collectively, referred to as “Feedback”). Feedback shall also include any and all suggestions, comments, proposed improvements, modifications, and recommendations that You share with your Provider, which You agree and hereby authorize Provider to share with SimplePractice. All such Feedback shall be the sole and exclusive property of SimplePractice. You hereby irrevocably transfer and assign to SimplePractice, and agree to continue to irrevocably assign and transfer in the future should the need arise, to SimplePractice, all right, title, and interest in and to all Feedback, including all intellectual property rights therein. You will not earn or acquire any rights or licenses in or to the Software or Services or any other SimplePractice product or service or in any SimplePractice confidential or intellectual property on account of this Agreement or Your performance under this Agreement, even if SimplePractice incorporates any Feedback into the Software or Services and/or any other product or service. All Feedback may be used by SimplePractice in any way without restriction by or obligation to You.

If, for any reason, SimplePractice is not deemed to be the exclusive owner of any or all Feedback, You hereby grant to SimplePractice, at no charge, an exclusive, royalty-free, worldwide, perpetual, irrevocable right and license in and to any and all Feedback. SimplePractice shall have the exclusive right to reproduce, perform, display, exploit and create derivative works of the Feedback and distribute such Feedback and/or derivative works in any SimplePractice technology, product or service. Any and all Feedback may be used, adopted, copied, sold, licensed, disclosed, incorporated, disseminated, exploited, modified or published by SimplePractice for any purpose whatsoever (whether commercial, marketing, development or otherwise), including, without limitation, developing and marketing products and/or services incorporating any such Feedback, without obligation or further payment of any kind to You or any user, and You waive any rights whatsoever in and to any and all Feedback. You agree and acknowledge that You disclaim all rights in and to any and all Feedback and agree that SimplePractice may freely use, without any further obligation, any and all Feedback. Furthermore, SimplePractice may, in connection with any of its products and/or services, freely use, copy, disclose, license, distribute, and exploit any and all Feedback in any manner without any further obligation, payment, royalty, or restriction based on intellectual property rights or otherwise. No Feedback will be considered Your confidential information, and nothing in this Agreement limits SimplePractice’s right to independently use, develop, evaluate or market any products or services, whether incorporating Feedback or otherwise. SimplePractice reserves all ownership and intellectual property rights in and to the Software and Services that are not expressly granted in this EULA.

App Terms

SimplePractice may make available one or more software applications to access the Services via a mobile device (“Apps”). To use any App, You must have a mobile device that is compatible with the applicable App. SimplePractice does not warrant that the Apps will be compatible with Your mobile device. You may use mobile data in connection with the Apps and may incur additional charges from Your wireless provider for these services. You agree that You are solely responsible for any such charges. SimplePractice hereby grants You a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Apps for one account on one mobile device owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Apps, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Apps to any third party or use the Apps to provide time sharing or similar services for any third party; (iii) make any copies of the Apps; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Apps, features that prevent or restrict use or copying of any content accessible through the Apps, or features that enforce limitations on use of the Apps; or (v) delete the copyright and other proprietary rights notices on the Apps. You acknowledge that SimplePractice may from time to time issue upgraded versions of the Apps, and may automatically electronically upgrade the version of the Apps that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that this EULA will apply to all such upgrades. Any third-party code that may be incorporated in the Apps is covered by the applicable open source or third-party license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Apps or any copy thereof, and SimplePractice or its third-party partners or suppliers retain all right, title, and interest in the Apps (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this EULA, is void. SimplePractice reserves all rights not expressly granted under this EULA.

Additional Terms for Apps from Apple App Store . The following applies to any Apps You acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this EULA is solely between You and SimplePractice, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the Apple App Store terms of service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to You; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this EULA and any law applicable to SimplePractice as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of You or any third party relating to the Apple-Sourced Software or Your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this EULA and any law applicable to SimplePractice as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or Your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, SimplePractice, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this EULA. You and SimplePractice acknowledge and agrees that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA as relates to Your license of the Apple-Sourced Software, and that, upon Your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA as relates to Your license of the Apple-Sourced Software against You as a third-party beneficiary thereof.

Additional Terms for Apps from Google Play Store . The following applies to any Apps You acquire from the Google Play Store (“Google-Sourced Software”): (i) You acknowledge that this EULA is between You and SimplePractice only, and not with Google, Inc. (“Google”); (ii) Your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms; (iii) Google is only a provider of the Google Play Store where You obtained the Google-Sourced Software; (iv) SimplePractice, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to You with respect to Google-Sourced Software or this EULA; and (vi) You acknowledge and agree that Google is a third-party beneficiary to this EULA as they relate to SimplePractice’s Google-Sourced Software.

No Responsibility for Acts or Omissions of Third-Party Service Providers

SimplePractice may refer names of certain third-party service providers (“Service Providers”) to You upon Your request or in connection with the Software or Services. Any Service Providers referred to You by SimplePractice are not owned or controlled by SimplePractice. You agree that SimplePractice is not responsible or liable in any way for the acts or omissions of any Service Providers, including, without limitation, any negligent, willful or illegal conduct. You further agree to conduct Your own investigation and due diligence regarding any Service Providers referred to You by SimplePractice. You agree to defend (at SimplePractice’s option), indemnify and hold harmless SimplePractice from all damages, liabilities, claims, expenses and losses relating to the referral of Service Providers to You.

Other Third-Party Services

The Software and Services may incorporate or link content, tools, features and sites provided by third parties (collectively, “Third-Party Services”). SimplePractice does not make any representation or warranty regarding the content or accuracy of Third-Party Services. Your use of Third-Party Services is at Your own risk and subject to the terms and conditions of use for such Third-Party Services.

Disclaimer of Express and Implied Warranties

SIMPLEPRACTICE PROVIDES THE SOFTWARE AND THE SERVICES STRICTLY ON AN “AS IS'' BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY CONTENT. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR USER DATA OR ANY EXPENDITURE ON YOUR PART, YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA RELATING TO YOUR CLIENT PROFILE RESIDING ON SIMPLEPRACTICE’S SERVERS. YOU ASSUME ALL RISK OF LOSS FROM USING THE SOFTWARE OR SERVICES.  SimplePractice does not ensure continuous, error-free, secure or virus-free operation of the Software and the Services, and You understand that You will not be entitled to compensation based on SimplePractice’s failure to provide the Software and Services other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimers may not apply to You.

Limitation of Liability

IN NO EVENT WILL SIMPLEPRACTICE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, EQUITY OWNERS, MANAGERS, SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION, ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SOFTWARE, THE SERVICES, OR THIS EULA, WHETHER OR NOT SIMPLEPRACTICE HAS BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL SIMPLEPRACTICE’S CUMULATIVE LIABILITY TO YOU EXCEED ONE HUNDRED FIFTY DOLLARS (U.S. $150.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation will not apply to You.

Indemnification

You agree to defend, indemnify and/or hold harmless SimplePractice, its officers, directors, shareholders, parents, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from: (i) any breach or alleged breach by You of this EULA or the Terms of Service; or (ii) Your acts or omissions in connection with the Software or Services, including without limitation, Your negligent, willful or illegal conduct. In any matter in which You have agreed to indemnify SimplePractice, without the express written consent of SimplePractice, You will not settle any matter or admit liability if, upon doing so, You are admitting liability or fault on the part of SimplePractice. SimplePractice reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with SimplePractice’s defense of such claim.

Termination of License

Upon termination of Your relationship with Your Provider, Your license to use the Software and Services will automatically terminate, and all User Data in Your Client Profile will only be retained as long as Your Provider stores Your User Data in their account. Your Provider is responsible for managing all account data and ensuring the secure preservation of Your health information. If Your Client Profile is deleted by Your Provider, You will no longer be able to access the Software or Services.

SimplePractice reserves the right to suspend or terminate Your use of the Software or Services at any time, with or without any reason. For example, SimplePractice may suspend or terminate Your access to the Software or Services if SimplePractice determines in its sole discretion that such action is desirable for any reason, or advisable to comply with applicable legal requirements, or to protect the rights or interests of SimplePractice or any third party. If You fail to comply with any of this EULA, Your license to use the Software and Services may immediately terminate without notice or further action by SimplePractice. Upon termination You must delete the Software from Your device(s).

Government Use

If the Software or Services are being used by or on behalf of the United States Government, then the following provision applies. The Software and Services will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Software or Services and any accompanying documentation by the U.S. government will be governed solely by this EULA and is prohibited except to the extent expressly permitted by this EULA. The Software and Services originate in the United States, and are subject to United States export laws and regulations. The Software and Services may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Software and Services may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Software and Services.

General

This EULA and the Terms of Service constitute the entire agreement between You and SimplePractice. SimplePractice may change this EULA at any time with reasonable notice to You, such as by posting an updated version within the Software or Services. You are not permitted to assign or otherwise transfer Your license or this EULA.

DISPUTE RESOLUTION – BINDING ARBITRATION AND CLASS ACTION WAIVER

In the event of a Dispute between You and SimplePractice (including any dispute over the validity, enforceability, or scope of this dispute resolution provision), other than with respect to claims for injunctive relief, the Dispute will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in Los Angeles, California. In the event that there is any Dispute between You and SimplePractice that is determined not to be subject to arbitration pursuant to the preceding sentence, You agree to submit in that event to the exclusive jurisdiction and venue of the state and federal courts located in the City and County of Los Angeles, California. You agree that this Agreement and the relationship between You and SimplePractice 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. Notwithstanding this, either 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 PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM 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 AN ARBITRATOR DETERMINES 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.

Rev. Sept. 2022/ © 2022 SimplePractice, LLC All rights reserved.