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features
The Simplepractice platform
The Simplepractice platform
Access everything you need to run a thriving private practice in one simple,
secure solution
View demoFeatures overview
features
* Scheduling
Digital organization
* Documentation
Customizable templates
* Billing
Paperless payments
* Client Portal
Streamlined care
* Telehealth
Video appointments
* ePrescribe
Prescribe medication
* Insurance
Simple claim filing
* Mobile
On-the-go access
* Website builder
Easy site builder
* Support
World-class team
Who It's For
By Profession
* Mental Health Professionals
* Speech-Language Pathologists
* Chiropractors
* Social Workers
* Lactation Consultants
* Massage Therapists
* Occupational Therapists
* Psychiatrists
* Physical Therapists
* Dietitians and Nutritionists
* Acupuncturists
* Substance Use Counselors
By Practice Size
* Solo Practices
Simplify private practice with the leading all-in-one solution.
* Group Practices
Add as many clinicians as you need—whether it’s 2 or 20.
switching from
* Another EHR/EMR
Easily switch and integrate all your records.
* Pen & Paper
Save time by simplifying your workflow.
* Multiple Tools
Manage your practice all in one place.
resources
Learn & Connect
* Therapy Seeker Resources
Find articles and more on our directory.
* Learning Library
Access guides, ebooks, and more.
* Pollen Blog
Read stories that redefine private practice.
Product Help
* Product Tutorials
Learn how to get the most out of SimplePractice.
* Help Center
Get answers and advice from the SimplePractice team.
What people are saying
* Customer Stories
Discover how practitioners like you use SimplePractice.
* Reviews
Read what our customers are saying about us, in their words.
Pricing
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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.
1. DEFINITIONS
* “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.
2. VERIFICATION FOR SIMPLEPRACTICE
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.
3. ESTABLISHING AN ACCOUNT
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.
4. ACCESSING YOUR ACCOUNT
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.
5. RESPONSIBILITY FOR USE OF ACCOUNT
You are responsible for all obligations and activities conducted through Your
Account, including obligations and activities of other Users, and You are
responsible for all activities conducted through Your email address and are
responsible for other Users to whom You grant access to Your Account, including
Your Clients and those You authorize to access Your Account on behalf of
Yourself or Clients. You agree, and agree to cause the other Team Members to
agree, to be jointly and severally responsible for compliance with this
Agreement. As between You and SimplePractice, You are responsible for all
information and User Data that You and other Users input into the Services. In
the event that fraud, violation of law, regulation or rule, or conduct that
violates this Agreement occurs (whether by You or someone else) that is in any
way connected with Your Account, We may suspend or terminate Your use of the
Services and Your Account as described herein (including Sections 7 (Fees and
Billing), 14 (Interruption of Service), 17 (Service-Specific Terms), 23
(Suspension and Termination), and 24 (Termination of Account or Agreement)),
and, if applicable, You shall be financially responsible to SimplePractice for
the consequences of such use.
6. SELECTION AND USE OF ACCOUNT PASSWORD
At the time Your Account is created by the Account Owner, the Account Owner must
select a password. You are responsible for maintaining the confidentiality of
Your password. You are responsible for any damages, claims, losses or other harm
resulting from disclosure of Your password, authorization of the disclosure of
Your password, or any person’s use of Your password or Your Account and those
who gain access to Your Account or Account Name. You agree that You will not
respond to an online request for a password other than in connection with the
log-on process to the Services. Your disclosure of Your password to any other
person is at Your own risk.
You and each person using Your Account must have separate email addresses and
passwords. Users may not share entry identifications and authentication
passwords and any sharing may result in a suspension or termination of access
for the User, and/or an increase in charges, at SimplePractice’s sole
discretion.
7. FEES AND BILLING
SimplePractice provides the Services for the fees and other charges set forth on
the Website at https://www.simplepractice.com/pricing/ or other location on the
Website. All prices listed exclude all sales taxes, fees, use taxes, charges,
duties, levies and similar governmental charges (“Sales Taxes”) imposed on the
provision of the Services and all such Sales Taxes shall be borne solely by and
paid by You to SimplePractice and deemed to be in addition to the fees charged
in connection with the Services. Where applicable, You shall be responsible for
all Sales Taxes and SimplePractice reserves the right to collect Sales Taxes
retroactively. We may, at any time, add new services for additional fees and
charges, or prospectively modify fees and charges for existing services
(including prospectively charging fees for the Services not previously charged
for) on notice as provided herein. You acknowledge that it is Your
responsibility to ensure payment is made in advance for all paid aspects of the
Services, and to ensure that Your credit or debit cards or other payment
instruments accepted by SimplePractice and/or its processor, including Stripe,
continue to be valid and sufficient for such purposes. We may suspend or
terminate Your use of the Services and Your Account’s use of the Services, as
provided in Sections 14 (Interruption of Service) and 23 (Suspension and
Termination), in the event of any payment delinquency. Other services are
available from SimplePractice and the agreement with respect to those services
and fees due to SimplePractice incorporate by reference this Agreement as well
as any specific terms and conditions presented to You. You will not be entitled
to any refund on termination or expiration of the Agreement. All payments once
made to SimplePractice shall have been earned by SimplePractice as of the date
of payment. You will not be entitled to any refund or credits for the partial
use of the Services at any time.
8. MODIFICATION OF SERVICE
SimplePractice reserves the right, upon providing notice to You (via email,
through posting on the SimplePractice website or through any other reasonable
means), to add, modify, discontinue or eliminate aspect(s), features or
functionality of the Services 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.
9. USER DATA
9.1 Ownership in User Data. In connection with User Data that a User uploads or
submits to, or which is created by, the Services, You affirm, represent, and
warrant that You own or have all necessary Intellectual Property Rights,
licenses, consents, and permissions to use and authorize SimplePractice to use,
retain, copy, and process the User Data in connection with the Services and as
contemplated by this Agreement, and Your provision thereof through and in
connection with the Services, are complete and accurate, and are not fraudulent,
tortious or otherwise in violation of any applicable law or any right of any
third party.
9.2 License to User Data. By uploading or submitting any User Data to or
through the Services, and permitting other Users (including, without limitation,
Clients) to upload any User Data into the Services, You hereby automatically at
such time grant SimplePractice (and its affiliates) a non-exclusive, worldwide,
royalty-free, fully paid-up, perpetual, irrevocable, sublicensable (through
multiple tiers), and transferable license to use, reproduce, distribute, prepare
derivative works of, perform and display such User Data (including User Data
that is created, collected or generated by the Services or SimplePractice using
the User Data Users submit), for the purposes of providing you the Services and
further developing, improving, and marketing SimplePractice’s products and
services (including the Services), it being understood that the results
generated from use for purposes other than providing the Services are not
identifiable with the Organization or any natural person. The foregoing rights
and licenses will be exercised in accordance with the SimplePractice Privacy
Policies referenced in Section 10 below. You agree that the license includes the
right to copy, analyze and use any User Data as SimplePractice may deem
necessary or desirable for purposes of debugging, testing, or providing support
or development services in connection with the Services and future improvements
to the Services. The license granted in this Section is referred to as the
“Service Data License.” You also acknowledge that the Service Data License
granted to SimplePractice with respect to User Data will survive the expiration
or termination of Your Account. Notwithstanding the foregoing license, the
license granted to SimplePractice to use User Data that includes content that
You provide for purposes of Your Professional Website is set forth in Section
17.2 (Professional Website Service) below. You further irrevocably waive any
“moral rights” or other rights with respect to attribution of authorship or
integrity of materials regarding User Data that You may have under any
applicable law under any legal theory.
9.3 User Data from Payment Processors. Notwithstanding anything to the contrary
herein, or in any payment processing agreement between You and the payment
processor (including Stripe), You also hereby grant SimplePractice (and its
affiliates) a non-exclusive, worldwide, irrevocable, perpetual, royalty free,
fully paid-up, assignable, and sublicensable (through multiple tiers) license,
authority, and permission to obtain, copy, and use, at SimplePractice’s request,
without notice to You, User Data received from payment processors, banks, card
and ACH processors and gateway provider, which support the Services, for
purposes of providing You the Services, and to develop, improve, and market
SimplePractice’s products and services (including the Services), it being
understood that the results generated from use for purposes other than providing
the Services are not identifiable with the Organization or any natural person.
9.4 Your Responsibilities to User Data. You acknowledge that You are
responsible for all User Data You and other Users input into the Services,
including changes made to Client progress notes, whether previously locked or
unlocked. You hereby acknowledge that the practice of unlocking any previously
locked progress notes may be a violation by You and Your other Team Members of
applicable professional standards and/or applicable law. You understand and
agree that You are bound by various laws and regulations, including but not
limited to HIPAA, which require that You preserve the availability, accuracy,
integrity, and confidentiality of PHI and personally identifiable information.
You also acknowledge and agree that all of Your activity within the Services is
automatically logged (including into audit logs), including the unlocking and
locking of the progress notes, and that such activity may be audited by
regulators or others.
9.5 Additional User Data Restrictions. You may not, and will ensure that other
Team Members do not, post, upload, store or share any User Data that:
1. is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd,
suggestive, harassing, threatening, invasive of privacy or publicity rights,
abusive, inflammatory or fraudulent;
2. 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;
3. may infringe, misappropriate, or otherwise violate any patent, trademark,
trade secret, copyright or other Intellectual Property Right or other
proprietary right of any party, or is otherwise protected by Intellectual
Property Rights, other proprietary rights (including trade secret or privacy
rights), unless You or Your Team Members are the owner(s) of such rights or
have permission from the rightful owner to upload or submit the User Data
and to grant SimplePractice all of the licenses granted herein; or
4. contains any private or Personal Information of a third party or a Client,
without such third party’s or Client’s consent.
9.6 Additional Rights to User Data. Although SimplePractice has no obligation
to screen, edit or monitor User Data, We may delete, remove or suspend the use
of User Data at any time and for any reason. By accessing or using the Services,
You consent to the processing, transfer and storage of information about You and
Users in and to the United States and other countries, where Users may not have
the same rights and protections as provided under local law.
9.7 Transfer of User Data and Account Ownership.
1. You agree that You are responsible for the provision of access to User Data
and the sharing of User Data amongst those who are Users or those who are
retained by You, Clients and any family members thereof, in accordance with
applicable law.
2. In the event that any Team Member (who is a natural person) who has access
to the Services under the Account dies, becomes incapacitated or otherwise
is unable to provide services to any User, then You will be solely
responsible for arranging for the transfer of User Data, or modification of
access, in compliance with applicable law and this Agreement. This includes,
but may not be limited to, providing identity verification or execution of
necessary authorizations that may be required by SimplePractice or by
applicable regulations or licensing bodies. Such transfer or modification of
access will be in compliance with applicable law and SimplePractice’s
standard policies and procedures.
3. The Organization may replace the Account Owner in accordance with
SimplePractice’s policies and procedures. If an Account Owner is no longer
employed by or authorized to bind the Organization, dies, or otherwise
becomes incapacitated, the Organization will notify SimplePractice as set
forth below and identify the individual to whom to transfer the Account
Owner role in accordance with applicable laws and regulations. If the
Organization does not so notify and identify a replacement Account Owner to
SimplePractice, then SimplePractice may attempt to do so, and if an
appropriate individual can be identified, will transfer the Account Owner
role to that individual. The appropriate representatives of the deceased or
incapacitated will initiate contact with SimplePractice to provide the
required documentation to transfer the role of the Account Owner as outlined
above. IT IS RECOMMENDED THAT YOU CREATE CLEAR DIRECTIONS REGARDING ACCESS
TO AND TRANSFER OF USER DATA IN THE EVENT OF YOUR DEATH OR INCAPACITATION
AND SHARE THESE DIRECTIONS WITH A QUALIFIED AND TRUSTED INDIVIDUAL IN
ADVANCE. Requests for transfer of the Account Owner role, either by You or
by an individual legally designated to assume ownership, must be initiated
by contacting Our Customer Success team via a Help Request. If the
individual legally designated to assume ownership does not have an active
SimplePractice account from which to submit a Help Request, they should
visit the SimplePractice sign-in page directly. To create and submit a Help
Request, click “Not a Customer? Ask us a question”.
4. You agree that User Data that is PHI may only be accessed by or transferred
to an appropriate party, pursuant to HIPAA rules and applicable state
regulations.
10. DATA PRIVACY
More information about SimplePractice’s privacy practices is available in
the SimplePractice Privacy Policy and the SimplePractice Client Portal Privacy
Policy.
In providing You the Services, SimplePractice will not sell any Personal
Information contained in User Data. SimplePractice will not retain, use or
disclose the Personal Information You provide to Us about Your Clients except
for the specific purposes permitted under this Agreement, including Section 9.
We will make no use of PHI that is not permitted by this Agreement, the BAA (as
defined below) or that is prohibited by applicable law, including but not
limited to HIPAA.
It is Your responsibility to comply with all applicable privacy and data
protection laws and to ensure that You have provided all required notices and
obtained all necessary consents (including with respect to third parties access)
from Users, and that Users (including without limitation Your Clients) have
agreed to the collection of User Data (including PHI) and the access of User
Data by You, by SimplePractice, and, where applicable, other third parties. Any
sample documentation that is provided by SimplePractice for obtaining consent or
other information from Users is for illustration only, and You alone (and not
SimplePractice) are responsible to ensure that such documentation is adequate
and enforceable. SimplePractice does not provide legal or compliance advice and
You are responsible for retaining competent counsel and advisors for these
purposes.
In the event that We receive a subpoena, court order, or other legal request
compelling the disclosure of any of Your Clients’ User Data (including PHI) or
any of Your data or information or any User Data, We will notify You of the
existence of such subpoena, court order or other legal request prior to
disclosing the PHI or other data or information or any User Data, unless ordered
to not do so by a court of competent jurisdiction, requested not to do so by law
enforcement, or unless Our legal counsel advises Us that prior notification is
not required or in violation of applicable law.
In the event of termination of this Agreement, whether by Your cancellation of
the Agreement, Your breach of this Agreement, or as otherwise provided in this
Agreement, there is an export feature in the Services which will enable You to
retrieve Your User Data contained within the Services prior to the Account
termination date. It is Your sole responsibility (not SimplePractice’s) to
manage, maintain, store, or export file or files containing the User Data within
the Services to ensure the secure preservation of User Data (including PHI) for
You and Your Clients pursuant to federal and state law.
For purposes of complying with the requirements of HIPAA to the extent
applicable, You and SimplePractice agree to be bound by each of the terms and
provisions of the SimplePractice Business Associate Agreement, which can be
found at https://www.simplepractice.com/baa/ (the “BAA”) and which is
incorporated in full by this reference. If any provision hereof is potentially
or actually in conflict with the provisions of the Business Associate Agreement
with respect to the treatment of Protected Health Information, the terms of the
Business Associate Agreement shall prevail.
11. THIRD PARTY MATERIALS, SERVICE PROVIDERS
The Services may incorporate, contain links to, or otherwise allow connections
to, third-party websites, servers, and online products, services or
environments, including other materials that are not owned or controlled by
SimplePractice (“Third Party Materials”). You agree that SimplePractice is not
responsible or liable for Third Party Materials, including the accuracy,
validity, timeliness, completeness, reliability, integrity, quality, legality,
usefulness, or safety of Third Party Materials, or any Intellectual Property
Rights therein or thereto. Nothing in this Agreement will be deemed to be a
representation or warranty by SimplePractice with respect to any Third Party
Materials. SimplePractice has no obligation to monitor Third Party Materials,
and SimplePractice may block or disable access to any Third Party Materials (in
whole or in part) through the Services at any time. Your use of Third Party
Materials is at Your own risk and is subject to any additional terms and
conditions of use for such Third-Party Services.
SimplePractice may refer names of certain third party service providers
(“Service Providers”) to You upon Your request or in connection with the
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.
12. PAYMENT AND BILLING SERVICES
In order to use payment processing services and the billing services (“Stripe
Payment Processing Services”), You must agree to the Stripe Connected Account
Agreement (https://stripe.com/us/connect-account/legal) and any other applicable
Stripe agreement (incorporated herein by reference) that is available to You
when the Account is created for the Services and afterward through the Services.
No transactions will occur in Your Account until You click to agree to the
Stripe Services Agreement or the Stripe Connected Account Agreement (as
applicable). In addition to other terms and conditions herein as it relates to
Your Clients’ payments to You, You hereby agree that:
* SimplePractice may conduct certain activities related to the Stripe Payment
Processing Services such as communication of information about transactions
and refunds, Stripe account balance adjustments, the handling of disputes
(including chargebacks), as well as other features as described in the Stripe
documentation.
* Certain use, recurring, or application fees may be charged to You for Your
use of the Stripe Payment Processing Services.
* You will comply with all terms and conditions of Your Stripe Connected
Account Agreement and not violate such agreement including processing
payments from the Prohibited Business List provided in the Stripe Connected
Account Agreement.
* Stripe may suspend or terminate the provision of Stripe Payment Processing
Services in accordance with the terms of the Stripe Connected Account
Agreement.
* SimplePractice may use and may share with Stripe, and Stripe may use and
share with SimplePractice, all Transaction Data, Payment Data, data about
Your Account, Your activity on Your Stripe accounts, and transactions. In
addition, You hereby grant permission to SimplePractice to work with and
interact with Stripe, in order to copy Your Transaction Data, Payment Data,
and other User Data from Your Account to the Services and Your related Stripe
account, for the benefit of facilitating or improving use or interoperability
of the Stripe credit card processing services with the Services. As a
condition of SimplePractice enabling payment processing services through
Stripe Payment Processing Services, You must provide SimplePractice accurate
and complete information about You and Your practice and business.
* You agree that in the event that SimplePractice, or Stripe (or other payment
processor) is required under applicable law to obtain Your consent in order
to send You tax forms, tax notices or tax returns (including informational
returns such as 1099s) by e-mail or other electronic format, that You hereby
provide Your consent to SimplePractice, or Stripe (or other payment
processor), as applicable, to send You such notices, forms and returns by
e-mail or other electronic format.
* You agree to only enter Payment Data into designated payment fields within
the app and not to enter any Payment Data into notes fields or any other
non-payment related areas of the app.
* “Stripe” is a registered trademark of Stripe, Inc.
Where Your Clients pay for Your services through the Services, in addition to
the terms of the Stripe Connected Account Agreement, the following applies:
* We reserve the right to cause Stripe to hold back funds received in Your
Stripe account for up to 45 business days prior to making the funds available
to You.
* You authorize that outstanding sums due and owing as a result of chargebacks,
ACH rejects or reversals, disputes, over-payments, payment errors, and
invalidated payments and other refunds or credits (each and collectively
“Chargeback(s)”), may be automatically debited from Your deposit accounts for
such purpose on a daily basis and that non-sufficient funds for these debits,
or blocking or otherwise rendering inaccessible any such deposit accounts,
are grounds for an increase in fees, suspension of the Services or
termination of this Agreement. In the event of any such occurrence leading to
non-payment of any sums due for Chargebacks or otherwise, SimplePractice
reserves the right to withdraw such sums from Your biller accounts, offset or
net settle these sums (i.e., deduct funds owed from disbursements to You),
against future deposits, or withhold future deposits until such sums are paid
in full, at any time to ensure payment of the same. The foregoing rights
survive termination of this Agreement.
* In the event of a Chargeback, You will be responsible to refund (or allow
SimplePractice to chargeback from You) the fee imposed on SimplePractice by
the payment processor.
* SimplePractice reserves the right to suspend Your Stripe account in the event
of excessive disputes or chargebacks.
* SimplePractice reserves the right to withhold payment to You of the funds in
Your Stripe account to review for suspicious or fraudulent activity and to
prevent payouts during the review period.
* SimplePractice reserves the right to withhold payment to You of the funds in
Your Stripe account when a lien or levy has been placed on Your Account and
to prevent payouts until the lien or levy is resolved.
* SimplePractice reserves the right to refund transactions that have been
classified as fraudulent after investigation.
* SimplePractice reserves the right to deny online payment processing for any
reason, including for fraud or other suspicious activity.
* You will ensure that no payments are processed in any country sanctioned by
the U.S. Office of Foreign Assets Control (OFAC), which list may be updated
by OFAC from time to time.
13. OTHER PRODUCTS OFFERED BY STRIPE AND ITS PARTNERS
Subject to separate terms between You and Stripe and/or Stripe’s bank partner,
Stripe, may market to you certain financial products and services, including
loan products. SimplePractice may send you marketing communications regarding
such products on Stripe’s behalf. For the avoidance of doubt, SimplePractice is
not a loan broker, loan servicer or debt collector. Rather, all brokering,
servicing and collections activity will be undertaken by Stripe, and all loans
will be originated by Stripe’s bank partner.
14. INTERRUPTION OF SERVICE
You are responsible for obtaining, maintaining, and paying for all hardware,
software and all telecommunications and other services needed to use the
Services.
SimplePractice may on occasion need to interrupt or suspend the Services, with
or without prior notice, to protect the integrity or functionality of the
Services or for maintenance purposes. You agree that SimplePractice is not
liable for any interruption or suspension of the Services (whether intentional
or not), and You understand that neither You nor any other Users will be
entitled to any refunds of fees or other 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.
15. SIMPLEPRACTICE’S INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE GRANTED TO
YOU
15.1 Intellectual Property Rights in Services. You acknowledge and agree that
except for the express licenses granted herein, SimplePractice and its licensors
retain all of their respective Intellectual Property Rights in and to the
Services, including in and to Our trademarks, service marks, trade names, logos,
domain names, taglines, and trade dress (collectively, the “SimplePractice
Marks”). You understand that such Intellectual Property Rights are apart from
any rights You may have in User Data You upload or submit to the Services, as
discussed above. Copyright, trademark and other laws of the United States and
foreign countries protect the Services and the SimplePractice Marks. All
proprietary notices and disclaimers that are included in the Services and any
Content must be reproduced and not be altered in any way.
15.2 Limited License to Services. Subject to the additional terms that apply to
specific Services as set forth in Section 17 (Service-Specific Terms),
SimplePractice hereby grants You a non-exclusive, non-transferable,
non-sublicensable, limited, and revocable license to access and use the Services
in the Territory, in each case expressly conditioned upon You and Your Account
remaining active, in good standing, and in full compliance with this Agreement.
15.3 License Restrictions. Subject to the additional terms that apply to
specific Services as set forth in Section 17 (Service-Specific Terms), You will
not (and will ensure that other Team Members will not):
1. Allow any person or entity not authorized by SimplePractice to use or
access the Services;
2. Attempt to copy any ideas, features, functions or graphics contained in the
Services;
3. Use the Services in the operation of a service bureau, an application
service provider or for any other purpose intended to benefit a party other
than You;
4. Alter or modify all or any part of the Services;
5. Sell, assign, sublicense, rent, lease or otherwise transfer all or any part
of the Services or any rights in connection therewith;
6. Attempt to translate, disassemble, decompile, reverse assemble, reverse
engineer all or any part of the Services or otherwise attempt to derive the
source code of the Services, including to design or build a competitive
product or service;
7. Impersonate any person or entity without their consent, or otherwise
misrepresent Your affiliation;
8. Engage in malicious, disruptive, or other conduct that impedes or
interferes with other Users’ normal use of the Services;
9. Attempt to gain unauthorized access to any other User’s account with
SimplePractice, password, or User Data; or
10. Launch an automated program or script, including, but not limited to, web
spiders, web crawlers, web robots, web ants, web indexers, bots, viruses,
Trojan horses, or worms, or any program which may make multiple server
requests per second, or unduly burdens or hinders the operation or
performance of the Services. Notwithstanding the foregoing, and subject to
compliance with any instructions posted in the robots.txt file located in
the Services’ root directory, SimplePractice grants to the operators of
public search engines permission to use spiders to copy materials from the
Services for the sole purpose of (and solely to the extent necessary for)
creating publicly available, searchable indices of such materials, but not
caches or archives of such materials. SimplePractice reserves the right to
revoke such permission either generally or in specific cases, at any time
and without notice.
15.4 Feedback and other Input. You or other Team Members may provide
suggestions, ideas and/or feedback (collectively, “Feedback”) to SimplePractice
or in connection with Your or other Team Members’ use of the Services regarding
the Services or other SimplePractice products or services, including products in
research or development. SimplePractice will exclusively own and have title to
all Feedback provided by You and other Users, and You hereby irrevocably and
perpetually assign (and agree to irrevocably and perpetually assign) all right,
title, and interest, including Intellectual Property Rights, in and to such
Feedback. The foregoing assignment is made without any duty to account to You or
to any other persons or entities.
16. CONTENT
16.1 License to Content. With respect to any Content that You elect to procure
in connection with the Services, and subject to (a) the applicable fees (if any)
for access to such Content and (b) any and all third-party terms and conditions
that are applicable to such Content, SimplePractice hereby grants You a limited,
non-exclusive, non-transferable license to permit You and Your other Team
Members to use Content made accessible to You, solely for use as part of the
Services. Such Content may include sample clinical and practice documentation
and templates. The prices for access to such Content, if any, are listed
at https://www.simplepractice.com/pricing/ and are subject to change on notice.
All Content accessed or used by You and other Users must be accurately
reproduced and cannot be altered in any way, and all additional proprietary
notices and disclaimers that are included in any Content must be reproduced.
16.2 License Restrictions. Except as expressly provided herein, the foregoing
license in Section 16.1 (License to Content) specifically excludes (a)
distribution, transfer, sale, lease, license, or the making available of Content
or any portion thereof or the data therein or derived therefrom separate and
apart from the Services; (b) use or distribution of Content outside the
Territory; (c) broadcasting, displaying, or making available Content in any
unsecured environment or public computer-based information system, including the
Internet; and (d) creating derivative works, including translations of Content.
You do not acquire any title or proprietary interest in the Content under this
Agreement. Use of other copyrighted works not licensed under this Agreement,
including other copyrighted works owned by third parties, are subject to
separate terms and conditions, and You are responsible for securing the
necessary rights for use of other works.
16.3 WILEY Content. With respect to Your access and use of the WILEY®
PracticePlanners content (the “WILEY Content”), the following additional terms
will apply:
1. You acknowledge and agree that SimplePractice and its licensor, WILEY®
(where applicable) are not engaged in rendering professional services nor in
providing expert forms.
2. You and other Team Members must apply Your medical or psychological
expertise, or other expertise to the WILEY Content and thereby make any
necessary revisions to the WILEY Content.
3. The WILEY Content is not warranted to assist You in meeting clinical
documentation requirements, as You are responsible for Your own clinical
documentation.
4. THE SAMPLE DOCUMENTATION, CONTENT, DATASETS AND ALL INFORMATION IN THE WILEY
CONTENT ARE PROVIDED “AS IS” AND EXPRESS AND IMPLIED WARRANTIES AND
REPRESENTATIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS OR ANY PARTICULAR PURPOSE, OR QUALITY, ACCURACY,
COMPLETENESS AND/OR SUITABILITY ARE DISCLAIMED.
5. Neither You nor other Team Members may resell, transfer, sublicense or use
the WILEY Content as part of a hosted environment or in any way available to
third parties.
17. SERVICE-SPECIFIC TERMS
Without limiting the provisions of Article 14 above, the following additional
terms and conditions apply to Your access and use of the following specific
Services:
17.1 Telehealth Service. SimplePractice Telehealth is a solution for You to use
if You or other Team Members wish to meet with Clients remotely using video,
audio, and other media capabilities. SimplePractice Telehealth is part of the
Services and allows You and other Team Members to schedule appointments and
connect with Clients for Telehealth consultations.
1. Prior to using SimplePractice Telehealth with Clients, You must give written
notice to any person who attends a session or other recipient of Your
services through Telehealth (such as Clients) and it is Your sole obligation
to obtain a written consent from such attendees and recipients that contains
the following minimum terms:
* SimplePractice Telehealth is NOT an emergency service. In the event of an
emergency, recipients of Telehealth must use a phone to call 911 or You or
an emergency service.
* Though recipients of Telehealth may be in direct, virtual contact with You
and other Team Members through SimplePractice Telehealth, neither
SimplePractice nor the SimplePractice Telehealth service provides any
medical or healthcare services or advice including, but not limited to,
emergency or urgent medical services.
* You are solely responsible for the delivery of any healthcare, medical
advice or care through SimplePractice Telehealth by You and other Team
Members.
* Recipients of Telehealth should not assume that You and other Team
Members have access to any or all of the User Data in the Services, or
that such information is current, accurate or up-to-date. SimplePractice
is not responsible for You or any other Team Member’s reliance or
non-reliance on any information in the SimplePractice Telehealth service.
2. You are solely responsible for determining whether You and/or other Team
Members are able and/or permitted to deliver therapy, healthcare, or other
virtual services. For each Telehealth session, You are solely responsible
for: (i) confirming that You or the applicable Team Member has the necessary
licenses, connections and qualifications to use SimplePractice Telehealth to
deliver the session; and (ii) providing healthcare, advice or other care
services using SimplePractice Telehealth within the scope of Your licenses,
qualifications and applicable regulatory requirements.
3. 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 SERVICES.
4. You may not, nor may You permit other Users to upload, store or share any
User Data with respect to Telehealth in a manner that violates this
Agreement or applicable law. Although We have no obligation to screen, edit
or monitor User Data, We may delete or remove User Data at any time and for
any reason.
5. Telehealth sessions can support up to two (2) individual participants who
are Clients, in addition to one person who is an employee or agent of the
Organization. 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 this Agreement, We have the
right to remove Telehealth sessions with more than two (2) participants (as
provided above) from Your Account if the network experiences adverse impact,
or for any reason, at any time.
6. Users of SimplePractice Telehealth are solely responsible for their conduct
while accessing or using the SimplePractice Telehealth. Such conduct will
not violate this Agreement or any applicable law, contract, intellectual
property or other third-party right or commit a tort. Without limitation to
the foregoing, You will not (and will ensure that other Users do 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
this Agreement.
7. WhiteBoard provided on SimplePractice Telehealth is not to be used for
signing any legal documents or documentation relating to patient care.
17.2 Professional Website Service. SimplePractice offers a Professional Website
service that enables You to create and publish a website for Your practice. By
creating a Professional Website, You understand and agree to the following:
1. Your Professional Website Domain Name. When You create a Professional
Website, You may use the specific domain hosted by SimplePractice. If You
have already registered Your own domain with a third-party provider, You can
connect that existing domain to Your Professional Website. If You choose to
connect Your own domain to Your Professional Website, You are responsible
for ensuring that You are compliant with any third-party terms and
agreements with respect to Your use of Your own domain.
2. License. By submitting content to publish on Your Professional Website, You
hereby grant SimplePractice a world-wide, royalty-free, non-exclusive
license to reproduce, modify, adapt, and publish Your content for the
purpose of displaying, distributing and promoting Your Professional Website
and developing, improving, and marketing SimplePractice’s products and
services (including the Services). This license also allows SimplePractice
to make any publicly posted content available to third parties selected by
SimplePractice so that these third parties can analyze and distribute the
content through their services.
3. Your Content. Other than the Content You license from us, You retain all of
your ownership rights to the content You publish on Your Professional
Website, and You are entirely responsible for any harm resulting from the
content published on Your Professional Website. You are responsible for (i)
obtaining all rights and licenses to use (and grant us the license to use)
the content You publish and (ii) ensuring that the content You publish is
accurate, up to date, and legally compliant, and does not infringe any
other’s Intellectual Property Rights, and You are solely responsible for
instructing us on what content to publish and modify. If You instruct us to
delete content, We will use reasonable efforts to remove it from public
view, but You acknowledge that caching or references to the content may not
be made immediately unavailable. While We do not regularly review or revise
the content You choose to publish on Your Professional Website, We reserve
the right to remove any content that, in our discretion, violates this
Agreement. Without limiting the restrictions in the foregoing, content and
other materials You post to Your Professional Website may not contain URLs
or links to websites that compete with the Service or any partner of
SimplePractice; or URLs or links linking to or redirecting any payment,
gateway, e-commerce, processor or other website or portal that facilitates
issuing of invoices by You and/or payments to You.
4. Publishing Testimonials. If You choose to publish testimonials on Your
Professional Website, You are responsible for obtaining the necessary
consent from the individual (e.g., Your Client or colleague) prior to
publishing the testimonial on Your Professional Website.
5. Web Traffic. We may use a third party to measure Your Professional Website’s
audience and usage. By hosting Your website through SimplePractice, You
agree to assign the traffic relating to Your Professional Website to
SimplePractice and authorize Us to engage with the third party on Your
behalf for third party audience measurement reports. You understand that
Your Professional Website will not receive credit for traffic in these
reports, and You must not assign Your website’s traffic to any other party.
If We or a third party require additional documentation to verify ownership
of Your Professional Website or domain name, You agree to make reasonable
efforts to accommodate such requests.
6. Advertisements. We reserve the right to display advertisements on Your
Professional Website unless You have purchased a plan that includes the
removal of ads.
7. Attribution; Legal Terms. We reserve the right to display attribution text
or links in Your Professional Website footer or toolbar, attributing
SimplePractice or the theme author, for example. We also reserve the right
to require You to display legal terms that protect SimplePractice. These
attributions and legal terms may not be altered or removed by You.
17.3 Directory Service.
1. When You create an Account with SimplePractice, You agree to provide
SimplePractice information that is accurate, complete, and current at all
times with respect to You, and Your specialties, credentials, practice
and/or business. Failure to do so constitutes a breach of this Agreement,
which may result in immediate termination of Your Account on the Services.
2. You may opt out of being listed in the Directory Service by changing the
settings in Your Account.
3. You and all other Team Members are legally liable and responsible for Your
Listing Information on the Directory Service. You undertake and assume all
liability and risks arising out of and/or associated with Your Listing
Information, including anyone’s reliance on Your Listing Information, as
published in the Directory Service that makes You personally identifiable.
You represent that You own, or have the legal entitlement or necessary
permissions to post, publish, use and/or authorize the use of Your Listing
Information. You will not hold Your Listing Information or listing or
adverts out to be sponsored or endorsed by Us.
4. Without limiting the licenses granted in Section 9 (User Data), We may use
Your Listing Information in various ways, including making it available
publicly online or off-line, reformatting it, incorporating it into
marketing materials, advertisements and other works, creating derivative
works from it, promoting it, distributing it, and allowing others to do the
same in line with their own websites and media platforms. SimplePractice may
edit or remove Your Listing Information at any time at Our sole discretion.
SimplePractice is not responsible for Your Listing Information or its
accuracy or completeness.
17.4 Measurement Based Care.
SimplePractice offers Measurement-Based Care service that enables You to track
patient outcomes through a variety of methods.
1. While SimplePractice may provide access to certain general medical
information, SimplePractice does not provide any medical or healthcare
services or advice including, but not limited to, emergency or urgent
medical services. You are solely responsible for the delivery of any
healthcare, medical advice or care through SimplePractice by You and the
Team Members.
2. The Measurement-Based Care service does not constitute a medical device,
clinical decision support system, or other diagnostic tool. You and Your
permitted Team Members are solely responsible for clinical decision-making,
diagnosis, and treatment of Your Clients.
3. SimplePractice is not responsible for the quality or effectiveness of the
assessments or measurements provided through the Measurement-Based Care
service. The assessments and measurements are based on clinical research,
and You, or a qualified health care provider, are responsible for selecting
the appropriate assessments for Your Clients.
4. SimplePractice makes no representation or warranty that any particular
assessment, measure, scale, or treatment is safe, appropriate, or effective.
SimplePractice does not endorse or advocate for any specific treatment
method.
17.5 Mobile Applications. SimplePractice may make available one or more software
applications to access the other Services via a mobile device. To use any such
software applications, You must have a mobile device that is compatible with the
applicable software application.
1. SimplePractice does not warrant that the software applications will be
compatible with any mobile device used by You or any other User. You may use
mobile data in connection with the software applications and may incur
additional charges from Your wireless provider for these Services. You agree
that You are solely responsible for any such charges.
2. Subject to Your compliance with this Agreement, and solely for so long as
You are permitted by SimplePractice to use the applicable software
applications, SimplePractice hereby permits You, on a limited,
non-exclusive, non-transferable, non-sublicensable, revocable basis, to
install and use a compiled code copy of the applicable software applications
for one account on one mobile device owned or leased solely by You, to
access and use the other Services. The foregoing license grant is not a sale
of the software applications or any copy thereof, and SimplePractice or its
third-party partners or suppliers retain all right, title, and interest in
the software applications (and any copy thereof).
3. You acknowledge that SimplePractice may from time to time issue upgraded
versions of the software applications, and may automatically electronically
upgrade the version of the software applications that You are using on the
applicable mobile device. You consent to such automatic upgrading on such
mobile device, and agree that this Agreement will apply to all such
upgrades.
4. Any third-party code that may be incorporated in the software applications
is covered by the applicable open source or third-party license agreement,
if any, authorizing use of such code. Any attempt by You to transfer any of
the rights, duties or obligations hereunder, except as expressly provided
for in this Agreement, is void. SimplePractice reserves all rights not
expressly granted under this Agreement.
5. Additional Terms for Apps from Apple App Store. The following applies to any
SimplePractice software applications You acquire from the Apple App Store
(“Apple-Sourced Software”): You acknowledge and agree that these Terms of
Service 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 these Terms of Service 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 these Terms of Service and any law applicable to
SimplePractice as provider of the software applications. 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 these Terms of Service. You and SimplePractice acknowledge and
agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of
this Terms of Service as relates to Your license of the Apple-Sourced
Software, and that, upon Your acceptance of this Terms of Service, Apple
will have the right (and will be deemed to have accepted the right) to
enforce these Terms of Service as relates to Your license of the
Apple-Sourced Software against You as a third-party beneficiary thereof.
6. Additional Terms for Apps from Google Play Store. The following applies to
any SimplePractice software applications You acquire from the Google Play
Store (“Google-Sourced Software”): (i) You acknowledge that these Terms of
Service 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 Terms of Service; and (vi)
You acknowledge and agree that Google is a third-party beneficiary to these
Terms of Service as they relate to SimplePractice’s Google-Sourced Software.
17.6 SimplePractice Enterprise. When you create an account with SimplePractice,
you agree to provide SimplePractice information that is accurate, complete, and
current, including but not limited to, information with respect to You, your
specialties, credentials, calendar and scheduling information, practice and/or
business ("Practice Information"). You hereby irrevocably grant SimplePractice a
non-exclusive, world-wide, perpetual, royalty-free, assignable, sub-licensable,
transferable rights to use this Practice Information for any purpose whatsoever
to provide services to You. You also irrevocably grant any other platforms and
websites, including third party platforms and websites, the right to access and
use the Practice information to provide services to You.
18. RELEASES
Except to the extent caused by SimplePractice’s gross negligence or willful
misconduct, You agree not to hold SimplePractice liable for any User Data, the
actions or inactions of You or other Users of the Services or of other third
parties. As a condition of access to the Services, and except to the extent
arising out of SimplePractice’s gross negligence or willful misconduct, 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 Services 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.
19. DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES
SIMPLEPRACTICE PROVIDES THE SERVICES, THIRD PARTY MATERIALS (INCLUDING CONTENT),
AND YOUR ACCOUNT, 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 THE
SERVICES, ANY THIRD PARTY MATERIALS (INCLUDING CONTENT), OR YOUR ACCOUNT.
NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN 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
ACCOUNT RESIDING ON SIMPLEPRACTICE’S SERVERS. YOU ASSUME ALL RISK OF LOSS FROM
USING THE SERVICES ON THIS BASIS.
SimplePractice does not ensure continuous, error-free, secure or virus-free
operation of the Services, Third Party Materials (including Content), or Your
Account, and You understand that You shall not be entitled to refunds or other
compensation based on SimplePractice’s failure to provide any of the foregoing
other than as explicitly provided in this Agreement. Some jurisdictions do not
allow the disclaimer of implied warranties, and to that extent, the foregoing
disclaimer may not apply to You.
SimplePractice does not guarantee that by mere use of the Services You will be
in compliance with HIPAA or other applicable law, and You understand and agree
that You are responsible for maintaining administrative, technical and physical
safeguards necessary to ensure the confidentiality, availability, and integrity
with respect to Your PHI and to otherwise comply with HIPAA and other applicable
law.
20. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, 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 (INCLUDING USER DATA) OR LOST
PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT
OF OR IN CONNECTION WITH THE SERVICES (INCLUDING ITS MODIFICATION OR
TERMINATION), THIRD PARTY MATERIALS (INCLUDING CONTENT), YOUR ACCOUNT (INCLUDING
ITS TERMINATION OR SUSPENSION), OR THIS AGREEMENT, 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.
21. INDEMNIFICATION
At SimplePractice’s request, You agree to defend, indemnify and/or hold harmless
SimplePractice, its officers, directors, shareholders, parents, employees,
subsidiaries, and agents from all damages, liabilities, claims, losses, and
expenses, including without limitation attorneys’ fees and costs, arising from:
(i) any breach or alleged breach of this Agreement by You or other Users,
including without limitation Your representations and warranties relating to
User Data; (ii) allegations by any third party that User Data (including the use
thereof) is (A) false, intentionally misleading, defamatory, or infringes,
misappropriates, or otherwise violates such third party’s Intellectual Property
Rights, privacy rights, right of publicity, or other proprietary rights; (B)
contains material that is unlawful, including illegal hate speech or
pornography; (C) exploits or otherwise harms minors; or (D) violates or
advocates the violation of any law or regulation; (iii) other claims, losses and
causes of action asserted by any Users (including without limitation Your
Clients); (iii) use of, or activities in connection with, the Services and Third
Party Materials (including Content); or (iv) Your or other Team Members’
negligent, willful or illegal conduct. In any matter subject to the provisions
of this Article 21, without the express written consent of SimplePractice, You
will not settle any such 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 Our defense of such claim and provide us with full information in
connection therewith.
22. LEGAL RELATIONSHIP BETWEEN YOU AND SIMPLEPRACTICE; NO THIRD PARTY
BENEFICIARIES
You acknowledge that Your participation in the Services does not make You a
SimplePractice employee and that You do not expect to be, and will not be,
compensated by SimplePractice for such activities, and You will make no claim
inconsistent with these acknowledgements. In addition, no agency, partnership,
joint venture, franchise relationship is intended or created by this Agreement.
Except as expressly set forth herein, there are no third party beneficiaries,
intended or implied, under this Agreement.
23. SUSPENSION AND TERMINATION
The Account Owner may terminate this Agreement by closing the Account at any
time for any reason. Subject to SimplePractice’s obligations pursuant to Section
10 (Data Privacy), in such event, SimplePractice shall have no further
obligation or liability to You under this Agreement or otherwise. You may not
suspend Your Account. SimplePractice may, at its sole discretion, provide You a
grace period prior to termination, in the event of a breach or Your failure to
pay fees and charges, without waiving its rights hereunder to terminate
immediately upon such events. We may suspend without notice, or terminate with
notice provided in accordance with Section 29 (Notices), this Agreement (which
will result in automatic termination of Your Account) or the access of any Team
Member to the Services, 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. Under no circumstances, will You be entitled to compensation or a
refund for any interruption, suspension or termination, and You acknowledge
SimplePractice will have no liability to You or any other Users in connection
with any interruption, suspension or termination.
24. TERMINATION OF ACCOUNT OR AGREEMENT
24.1 Termination of Licenses. Upon termination or expiration of this Agreement,
all licenses granted by SimplePractice to use the Services will automatically
terminate, and, all User Data in Your Account will be accessible to You no more
than sixty-four (64) days after termination or expiration of this Agreement.
This time frame is also applicable to trial accounts. The Account Owner is
responsible for exporting all Account data and ensuring the secure preservation
of PHI for Your Clients pursuant to federal and state law, and ethical
requirements. During the time frame beginning on termination or expiration of
this Agreement, Your access to the Services will be limited to downloading Your
User Data.
24.2 Liability for Unpaid Fees. Upon termination or expiration of this Agreement
(which will automatically result in termination of Your Account), You will not
receive any refund of any amounts previously paid and You will remain liable for
any charges incurred or unpaid amounts owed by You to SimplePractice.
24.3 Survival of Terms. The following terms will survive any termination or
expiration of this Agreement: Sections 1, 5, 7-13, 14 (last two sentences), 15,
16.2, 16.3(d), 16.3(g), 16.3(h), 18-29 (inclusive), 31, and 32.
25. GOVERNMENT USE AND EXPORT CONTROL
25.1 Government Use. If the Service is being used by or on behalf of the United
States Government or another governmental entity, then the following provision
applies. The Services are “commercial computer software” and/or “commercial
computer software documentation” as defined in Federal Acquisition Regulation
(48 C.F.R. Chapter 1, or “FAR”) 2.101 or similar law, regulation or provision.
In accordance with FAR 12.212, Department of Defense FAR Supplement (“DFARS”)
227.7202, or other similar law, regulation or provision, as applicable, any use,
reproduction, release, performance, display or disclosure of the Services and
any accompanying documentation by the U.S. government or other governmental
entity will be governed solely by this Agreement and is prohibited except to the
extent expressly permitted by this Agreement. All terms of this Agreement apply
except to the limited extent the U.S. government or other governmental entity is
prohibited by federal or other procurement law from agreeing to such terms. If
and to the extent any provision in this Agreement is so prohibited, such
provision shall be deemed modified only to the extent reasonably necessary to
conform to applicable law while giving maximum effect to the Agreement as
written.
25.2 Export Controls and Sanctions Compliance. The Services originate in the
United States, and are subject to United States export control and sanctions
laws, including the Export Administration Regulations (“EAR”) and the
regulations of the U.S. Department of the Treasury’s Office of Foreign Assets
Control (“OFAC”). The Services may not be directly or indirectly exported or
re-exported to: (a) any person or entity to whom the provision of such Services
is prohibited under the EAR (including the prohibition on providing items
subject to the EAR to anyone on the EAR Entity List or Denied Person List); (b)
any country or territory subject to a comprehensive embargo by the United States
(currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk People’s
Republic, and Luhansk People’s Republic regions of Ukraine) without appropriate
licensing authority; or (c) any person or entity who has been prohibited from
participating in U.S. export transactions by any federal agency of the U.S.
Government (including any person or entity identified on OFAC’s list of
Specially Designated Nationals (“SDNs”) or any entity that is fifty percent
(50%) or more owned by one or more SDNs). In addition, the 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 Services.
26. 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 AND DISPUTES
THAT QUALIFY FOR SMALL CLAIMS COURT, THE DISPUTE WILL BE RESOLVED BY FINAL AND
BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE
OR JURY. IF YOU DO NOT WANT TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MAY
OPT OUT. IN ORDER TO OPT OUT OF THIS ARBITRATION PROVISION, YOU MUST NOTIFY
SIMPLEPRACTICE IN WRITING THAT YOU DO NOT WANT TO RESOLVE DISPUTES WITH US BY
ARBITRATION, AND SUCH NOTICE SHOULD BE DELIVERED BY MAIL TO 2834 COLORADO
AVENUE, SANTA MONICA, CA 90404 WITHIN 30 DAYS OF THE EARLIER OF (A) THE DATE YOU
FIRST ACCESS OR USE THE SERVICES; AND (B) THE DATE YOU CLICK OR TAP ANY BUTTON
OR BOX MARKED “ACCEPT,” “AGREE,” OR “OK” (OR A SIMILAR TERM) IN CONNECTION WITH
THIS AGREEMENT.
The arbitration will be administered by the American Arbitration Association
(“AAA”) under its Consumer Arbitration Rules, as amended by this Agreement. The
Consumer Arbitration Rules are available online
at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf, as amended by
this Agreement. The arbitrator will conduct hearings, if any, by teleconference
or videoconference, rather than by personal appearances, unless the arbitrator
determines upon request by You or SimplePractice that an in-person hearing is
appropriate. Any in-person appearances will be held at a location which is
reasonably convenient to both parties with due consideration of their ability to
travel and other pertinent circumstances. If the parties are unable to agree on
a location, such determination should be made by the AAA or by the arbitrator.
The arbitrator’s decision will follow the terms of this Agreement and will be
final and binding. The arbitrator will have authority to award temporary,
interim, or permanent injunctive relief or relief providing for specific
performance of this Agreement, but only to the extent necessary to provide
relief warranted by the individual claim before the arbitrator. The award
rendered by the arbitrator may be confirmed and enforced in any court having
jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this
Agreement will preclude You from bringing issues to the attention of federal,
state, or local agencies and, if the law allows, they can seek relief against
SimplePractice for You.
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. If You opt out of
arbitration pursuant to the terms above, then the following jurisdiction and
venue provision shall apply: All Disputes arising out of or related to this
Agreement for which arbitration does not apply will be subject to the exclusive
jurisdiction and venue of the state and federal courts located in the City and
County of Los Angeles, California. Notwithstanding this, each 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
YOU AGREE THAT ANY PROCEEDINGS TO ARBITRATE, LITIGATE OR OTHERWISE RESOLVE A
DISPUTE IN ANY FORUM ARISING OUT OF OR RELATING TO THIS AGREEMENT 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.
27. ASSIGNMENT OF AGREEMENT AND ACCOUNT
You may not assign this Agreement or Your Account without Our prior written
consent. You may not transfer or sublicense any licenses granted by
SimplePractice in this Agreement without Our prior written consent. We may
assign this Agreement, 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 this Agreement without Your consent.
28. INTEGRATION, CONSTRUCTION, INTERPRETATION OF SECTION HEADINGS AND
SEVERABILITY
The agreements, understandings and policies referenced in this Agreement sets
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 this
Agreement at any time upon notification to You as provided in Section 29
(Notices). If any future change is unacceptable to You, You should discontinue
using the Services. Your continued use of the Services will always indicate Your
acceptance of this agreement and any changes to it.
You acknowledge that no other written, oral or electronic communications will
serve to modify or supplement this Agreement, and You agree not to make any
claims inconsistent with this understanding or in reliance on communications not
part of this Agreement. 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 this Agreement. All terms defined in the
singular will have the same meanings when used in the plural, where appropriate
and unless otherwise specified. Any use of the term “including” or variations
thereof in these Terms will be construed as if followed by the phrase “without
limitation.” If any provision of this Agreement 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.
29. NOTICES
SimplePractice may provide notice to You and obtain consent from You (1) through
the Website or other portions of the Services, including within your Account;
(2) by electronic mail at the electronic mail address associated with Your
Account; and/or (3) by written mail communication to You at the address
associated with Your Account. You must submit all notices required or permitted
under this Agreement to SimplePractice, LLC, c/o Compliance Manager, 8234
Colorado Ave., Suite 200 Santa Monica, CA 90404.
30. SIMPLEPRACTICE COMMUNITY TERMS OF USE
SimplePractice Account Owners and Team Members may participate in
the SimplePractice Community Site (and other SimplePractice sponsored public and
private social media sites) that permits You to communicate with other account
owners of the Services and their personnel. By accessing the SimplePractice
Community Site, You agree to the Terms of Use of the community site in the
SimplePractice Community.
31. CONSENT TO ELECTRONIC COMMUNICATIONS
We provide Users information by email or posting through the Services. The
emails and other communications You will receive from Us include those relating
to billing, Account verification, platform and Services training (sometimes
called “on-boarding materials”), survey or interview requests (for product and
customer service improvement purposes), marketing and promotions, and
administrative announcements (including related to this Agreement, Our Privacy
Policy, or security incident notifications). You understand that by using the
Services and agreeing to this Agreement, SimplePractice will send to You the
foregoing communication types. You do have the right, and may instruct Us, to
opt out of communications related to survey or interview requests and marketing
and promotions but hereby waive the right to opt out of any other communications
to the extent permitted by applicable law. You are responsible for obtaining
either requisite consent or ceasing email, text messages and other communication
to a patient or Client in the event that such patient or Client opts out of
receipt of any such communications.
32. 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 Services, 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:
1. An electronic or physical signature of a person authorized to act on behalf
of the copyright owner;
2. Identification of the copyrighted work that You claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it
is located on the Services;
4. Information reasonably sufficient to permit SimplePractice to contact You,
such as Your address, telephone number, and, e-mail address;
5. 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
6. 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 Services 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.
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