WithTherapy Therapist Terms of Use

  1. Introduction

    1. Acceptance of Terms By accessing, registering for, or using the WithTherapy.com Platform and Services, you agree to be bound by these Terms of Use ("Terms"). Please read these Terms carefully before using the Platform or Services.
    2. Modification of Terms WithTherapy reserves the right to modify these Terms at any time. Changes to the Terms will be effective when posted on the Platform. Your continued use of the Platform constitutes your agreement to the updated Terms.
  2. Definitions

    "Platform" refers to the WithTherapy.com website and any associated software, applications, and services. "Services" refers to the services provided by WithTherapy, which include offering a platform for therapists to promote their practices and connect with clients. "Therapist" refers to a mental health professional who registers on the Platform to promote their practice and seek clients.

  3. Platform and Services

    1. Description of the Platform and Services

      The Platform and Services allow Therapists to create a profile, promote their practices, and connect with clients seeking mental health services. WithTherapy does not provide or deliver any therapy, medical, or mental health services.

    2. Platform as a Connector

      WithTherapy.com acts as a connector between therapists and prospective patients, allowing them to communicate and coordinate therapy services. WithTherapy.com does not provide therapy or mental health services directly and is not responsible for the quality or effectiveness of any services provided by therapists.

    3. Eligibility and Account Registration

      To use the Platform and Services, you must be a licensed mental health professional or supervised by a licensed mental health professional, meet all applicable regulatory requirements, and register for an account with WithTherapy.

    4. Account Information and Security

      You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify WithTherapy immediately if you suspect unauthorized use of your account or any breach of security.

  4. Use of the Platform

    1. Compliance with Laws and Regulations

      You agree to comply with all applicable laws and regulations, including professional licensing and regulatory requirements, privacy laws, and any other applicable standards governing your practice and use of the Platform.

    2. Prohibited Activities

      You agree not to use the Platform or Services in any manner that could harm, disable, or otherwise impair WithTherapy or its users. You also agree not to engage in any illegal, unethical, or fraudulent activities while using the Platform or Services.

  5. Fees and Purchase Terms

    1. Payment

      You agree to pay all applicable fees or charges associated with your account in accordance with the billing terms in effect at the time a fee or charge is due. You must provide WithTherapy with a valid payment method, such as a credit card or any other payment method accepted by us.

    2. Service Subscription Fees

      By using the Platform, you agree to pay any applicable fees specified at the time of registration. These fees may be billed in advance and may be billed on a monthly, annual, or other specified basis, depending on the terms you agreed to at the time of registration.

    3. Taxes

      The total price for the subscription will include the subscription price plus any applicable sales tax, based on your location and the sales tax rate in effect when you purchase the subscription. We will charge tax only in jurisdictions where the Services are taxable.

    4. Withholding Taxes

      You are responsible for any withholding taxes, duties, or other taxes or fees imposed by any governmental authority related to your use of the Platform and Services

    5. Automatic Renewal

      Unless you opt out of automatic renewal or cancel your subscription, your subscription will automatically renew at the end of each subscription period. Your payment method will be charged the then-current subscription fees. You can opt out of automatic renewal or cancel your subscription at any time by contacting us or updating your account settings.

    6. Free Trials and Promotions

      WithTherapy may offer free trials or promotional offers for the Platform and Services. Such offers may be subject to additional terms and conditions, and your use of the Platform and Services during a free trial or promotional period is also subject to these Terms.

    7. Billing Disputes

      If you believe that you have been incorrectly billed or have any other dispute related to your billing, you must notify us in writing within thirty (30) days of the date on which the disputed charge occurred. We will investigate the dispute and, if we determine that you were billed incorrectly, will credit or refund the disputed amount.

    8. Third-Party Providers

      WithTherapy may use third-party providers for certain aspects of the Platform and Services, including payment processing. You agree that WithTherapy is not responsible for the actions or omissions of such third-party providers and that any disputes related to third-party services should be resolved directly with the third-party provider.

  6. Interactions With Other Users

    1. User Responsibility

      You are solely responsible for your interactions with other users of the Platform, including any communications, agreements, or transactions between you and other users.

    2. Release

      You agree to release WithTherapy, its affiliates, and their respective officers, directors, employees, and agents from any claims, demands, damages, liabilities, or losses arising out of or in connection with your interactions with other users of the Platform and Services.

    3. Accuracy of Information; HIPAA Applicability

      You acknowledge and agree that: (i) you will not provide, transmit, share, or transfer to or through the Service any protected health information ("PHI") as defined by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), its implementing regulations, and the Health Information Technology for Economic and Clinical Health Act ("HITECH"), (ii) any and all information you provide, transmit, share, or transfer to or through the Service will be accurate and will comply with all applicable laws, rules, and regulations, and (iii) WithTherapy is not responsible for the accuracy or completeness of any information provided by users of the Platform and Services. For the avoidance of doubt, the WithTherapy Platform is solely designed to assist users in finding therapists that are right for them and should not be used to transmit PHI in any way. WithTherapy reserves the right to terminate any user's right to use the Service for violating this Section 6.3.

  7. Therapists' Responsibilities

    1. Professional Conduct and Services

      You agree to provide professional services in a competent, ethical, and lawful manner, consistent with your professional licensing requirements and any other applicable standards.

    2. Insurance, Taxes, and Benefits

      As a Therapist using the Platform, you are solely responsible for obtaining and maintaining any necessary insurance, paying all applicable taxes, and managing any benefits related to your professional practice.

    3. Compliance with Applicable Laws and Regulations

      You agree to comply with all laws and regulations applicable to your professional practice, including privacy laws and regulations, licensing requirements, and any other professional standards.

  8. License to Use the Platform and Services

    1. License Grant

      Subject to these Terms, WithTherapy grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform and Services solely to promote your practice and connect with clients.

    2. License Restrictions

      You may not use the Platform or Services for any purpose not expressly permitted by these Terms, and you may not sublicense, sell, or otherwise transfer your rights under this license to any third party.

    3. Reservation of Rights

      WithTherapy reserves all rights not expressly granted in these Terms.

  9. Intellectual Property Rights

    All intellectual property rights in the Platform and Services, including but not limited to copyrights, trademarks, and trade secrets, are the property of WithTherapy or its licensors. Except for the limited license granted in Section 6, nothing in these Terms grants you any rights in or to such intellectual property.

    1. Feedback

      If you provide us with any suggestions, ideas, improvements, or other feedback related to the Platform, Services, or Our Technology ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, distribute, and incorporate such Feedback into the Platform, Services, and Our Technology without any compensation or attribution to you.

    2. Content

      All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, contained on the Platform is owned, controlled, or licensed by or to WithTherapy and is protected by copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws.

    3. Certain Restrictions

      You agree not to (a) copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content, Our Technology or other materials on our Platform, (b) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform, (c) access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform, or (d) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Platform or Our Technology.

    4. Third-Party Materials

      The Platform may contain links to third-party websites, services, or other materials that are not owned or controlled by WithTherapy. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites, services, or materials. You acknowledge and agree that WithTherapy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites, services, or materials.

  10. User Content

    1. User Content

      Definition "User Content" refers to any content, including but not limited to text, images, and audio, that you upload, submit, or otherwise provide through the Platform or Services.

    2. License Grant

      By submitting User Content, you grant WithTherapy a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the Platform and Services.

    3. User Content Representations and Warranties

      You represent and warrant that you have all necessary rights and permissions to submit User Content and grant the license in this Section 8, and that such User Content does not violate any laws or regulations, infringe any third-party rights, or otherwise breach these Terms.

    4. Removal of User Content

      WithTherapy reserves the right, but is not obligated, to monitor, review, or remove any User Content that, in its sole discretion, violates these Terms or any applicable laws or regulations, or is otherwise inappropriate or harmful.

  11. Confidentiality

    1. Confidential Information Definition

      "Confidential Information" refers to any non-public information, including but not limited to client data, trade secrets, and proprietary information, that is disclosed by one party to the other in connection with the Platform or Services.

    2. Confidentiality Obligations

      WithTherpay and you agree to maintain the confidentiality of the Confidential Information and not to use or disclose such information except as necessary to perform their obligations or exercise their rights under these Terms.

  12. Termination

    1. Termination by WithTherapy

      WithTherapy may terminate your access to and use of the Platform and Services at any time, with or without cause, by providing written notice to you.

    2. Termination by You

      You may terminate your access to and use of the Platform and Services at any time, for any reason, by providing written notice to WithTherapy.

    3. Effect of Termination

      Upon termination, you must cease using the Platform and Services and delete any WithTherapy-related materials or content in your possession or control. Termination does not affect any rights, obligations, or liabilities that accrued prior to termination.

  13. Dispute Resolution

    1. Applicability of Arbitration Agreement

      All claims and disputes arising out of or relating to these Terms or the use of the Platform or Services that cannot be resolved informally must be resolved by binding arbitration on an individual basis under the terms of this Section 13.

    2. Informal Dispute Resolution

      Before initiating formal arbitration, both parties agree to attempt to resolve disputes informally by contacting each other through their respective contact information provided on the Platform.

    3. Notice of Dispute

      A party intending to seek arbitration must first send a written notice of the dispute to the other party by certified mail or email, including a description of the dispute, relevant documents, and the proposed resolution.

    4. Arbitration Rules

      The arbitration will be administered by the American Arbitration Association (AAA) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect.

    5. Arbitration Location

      The arbitration shall take place in Washington, DC, unless the parties agree otherwise in writing.

    6. Arbitrator's Decision

      The arbitrator's decision shall include the essential findings and conclusions upon which the arbitrator based the award, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

    7. Fees

      The payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.

    8. No Class Actions

      You and WithTherapy agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

    9. Waiver of Jury Trial

      You and WithTherapy waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury.

    10. Confidentiality

      All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential.

    11. Limitation of Liability

      In no event will the arbitrator have the authority to award punitive damages or any other form of relief not expressly authorized by these Terms.

    12. Modification

      In the event that any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, the remaining parts shall remain in full force and effect.

    13. Small Claims Court

      Notwithstanding the foregoing, either party may bring an individual action in a small claims court for disputes or claims within the scope of that court's jurisdiction.

    14. Right to Opt-Out

      You have the right to opt out of the provisions of this Section 13 by sending written notice of your decision to opt-out to WithTherapy within 30 days of first registering for an account with the Platform.

  14. Disclaimers

    1. No Warranty

      The Platform and Services are provided "as is" and "as available" without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

    2. Limitation of Liability

      In no event will WithTherapy be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Platform or Services, even if advised of the possibility of such damages.

  15. Indemnification

    You agree to indemnify, defend, and hold harmless WithTherapy and its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your violation of any applicable laws or regulations, or your infringement of any third-party rights.

  16. Governing Law and Jurisdiction

    These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any legal action arising out of or related to these Terms or your use of the Platform must be brought exclusively in the federal or state courts located in Delaware. You consent to the exclusive personal jurisdiction and venue in and agree to service of process issued or authorized by any such court.

  17. Miscellaneous

    1. Assignment

      These Terms are personal to you, and you may not assign, transfer, or delegate your rights and obligations under these Terms without the prior written consent of WithTherapy.

    2. Waiver

      No waiver by WithTherapy of any breach or default of these Terms will be deemed a waiver of any subsequent breach or default.

    3. Severability

      If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

    4. Entire Agreement

      These Terms, along with any referenced agreements or policies, constitute the entire agreement between you and WithTherapy with respect to your use of the Platform and Services and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter.

    5. Force Majeure

      WithTherapy is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

    6. Electronic Communications

      By using the Platform, you consent to receive electronic communications from WithTherapy, including via email or through the Platform and agree that such communications satisfy any legal requirements that they are in writing.

    7. Questions, Complaints, Claims

      For questions, complaints, or claims regarding the Platform or Services, please contact WithTherapy at support@withtherapy.com.

    8. Export Control

      You agree not to use, export, re-export, import, or transfer the Platform or any portion thereof except as authorized by United States law and the laws of the jurisdiction in which you obtained the Platform. You further represent and warrant that you are not located in a country subject to a U.S. Government embargo, designated as a "terrorist supporting" country, or listed on any U.S. Government list of prohibited or restricted parties. You acknowledge that you will not use the Platform for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.