SimplePractice LLC Terms of Service

Last Updated: August 2, 2023

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

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

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

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

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

This Agreement may be modified by SimplePractice by notifying You as provided in Section 29 (Notices) below. By continuing to access or use the Services after the effective date of any such change, You agree to be bound by the modified Agreement.

• “Account Owner” means the individual opening an Account on behalf of themselves or the Organization, and any subsequent transferee of the Account Owner role made in accordance with Section 9.7 (Transfer of User Data and Account Ownership) below.
• “Client” means a customer of the Organization including a patient of the Organization’s healthcare provider. The Client’s activities under the “Client Profile” within the Client Portal are subject to additional terms and conditions located within the Client Portal.
• “Client Portal” means the website and application-based Service in which Clients can manage their appointments, process payments, securely message, or perform and manage other tasks and information related to their relationship with the Organization (including healthcare providers of the Organization).
• “Client Profile” means the record specific to an individual Client and their information that is maintained within Your Account, and as applicable, the Client Portal.
• “Content” means template and template libraries, information, data, content, and other materials provided through the Services and includes without limitation, Third Party Materials such as the WILEY® PracticePlanners content.
• “Directory Service” means the listing service containing Your Listing Information that will be published by SimplePractice as part of the Services.
• “Dispute” will have the broadest meaning possible and means any dispute, action, or other controversy between You and SimplePractice relating to the Services, any transaction or relationship between You and SimplePractice resulting from Your use of the Services, communications between You and SimplePractice, or this Agreement – 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.
• “Personal Information” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual or a household, such as a name, email address, IP address, telephone number, and broader categories of information such as professional, educational or health information, commercial information and internet activity.
• “Professional Website” means the website We enable You to create for the Organization’s practice through the Services.
• “Protected Health Information” or “PHI” means protected health information as defined by HIPAA’s Privacy Rule found at 45 C.F.R. §160.103.
• “Services” means SimplePractice’s technology and software platforms, Websites and any affiliated sub-domains, mobile applications, software, and servers. Services include but are not necessarily limited to the Client Portal, Professional Website Service, Directory Service, Community Website Service, Telehealth Service, and Measurement-Based Care Service, whether or not stated separately within this Agreement.
• “Stripe Payment Processing Services” means third-party services that enable the acceptance of payments, management of subscriptions, and performance transaction reporting, as well as analytics and other business services.
• “Team Member” means You and Your employees, agents, and service providers who have been added to the Account and assigned a role by You to perform services on Your behalf.
• “Telehealth” means the video, audio, streaming and media service available through the Services whether or not it is used for streaming of health care services.
• “Territory” means the following, which may be modified by SimplePractice or its licensors from time to time: Canada and the United States and its territories.
• “Transaction Data” means Your information, Payment Data, transaction information, bank information and credit card information including without limitation tokenized account information, tokens and token access codes, account information. 
• “User Data” means any data or images that You or Your Clients upload, stream or submit to or through the Services, or generated or collected on Your behalf from the Services or third parties, including but not limited to Protected Health Information as that term is defined above, video, image and sound data, Transaction Data, Practice Information, and Your Listing Information. 
• “User(s)” means You, other Team Member(s), and/or Clients.
• “Website” means the websites and services available from the domain and sub-domains of https://spgatsby.wpengine.com, https://support.simplepractice.com/hc/en-us/community/topics, https://support.simplepractice.com/hc, https://community.simplepractice.com, https://clientsecure.me/client_portal, https://video.simplepractice.com, https://feedback.simplepractice.com, https://meetmonarch.com/, other websites provided to You by SimplePractice through the Professional Website, and any related or successor domains and sub-domains.
• “Your Listing Information” means all content, including without limitation, name, address, data, information, specialties and credentials, and images, all as provided by You to SimplePractice and then provided through or disclosed by use of the Directory Service.

By accepting this Agreement in connection with an Account, the person acknowledging agreement or assenting to this Agreement 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. You further agree that as a condition to accessing the Services, You will submit to Account and Account Owner verification as required by SimplePractice, and provide only true and accurate identification documentation and location information to SimplePractice or its third party service providers as requested by SimplePractice. You are responsible for the security of any Account verification information, such as email addresses and passwords, including without limitation Your Users’ email addresses and passwords. You are responsible for ensuring that Users under the age of 18 years old obtain their parent or legal guardian’s consent to utilize the Services, unless applicable laws allow You to provide care or Your services to a minor (under 18 years of age) without such consent. You agree that any Users who are under 13 years old require their parent or legal guardian’s consent to collect their User Data, which consent You are responsible for obtaining, prior to the use by such User of the Services.

You must ensure that You provide accurate, current, and complete information about You and Team Members (“Registration Data”) as prompted by the Registration Form and as required to be added in the “Settings” or other page on the Website, and use the Account management tools provided to keep Your Registration Data accurate, current and complete. You agree that you will provide information indicating some form of presence within the Territory (e.g., license number, practice address, or bank information). SimplePractice will assign an Account name (Your “Account Name”). 

You may only establish and access an Account from the Territory. You acknowledge that SimplePractice may change or modify this list from time to time, and that SimplePractice may enforce these changes at its discretion. 

You and other Team Members may access Your Account from the Territory. You acknowledge that SimplePractice may change or modify this list from time to time, and that SimplePractice may enforce these changes at its discretion. SimplePractice bears no liability or responsibility in connection with Clients who access their Account from outside the Territory. 

Notwithstanding the foregoing, You acknowledge that the Services provided by SimplePractice are United States-based. We make no warranty or representation that any aspect of the Services is appropriate for use outside of the United States or may be used for persons who are not then located inside the United States. Those who access the Services from other locations are responsible for compliance with applicable local laws. Any Service that is a 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 of the United States.