Terms of Service - Therapist Agreement

1. Agreement to Terms

By creating an account and using StayConnected Clinical ("Platform"), you ("Provider," "Therapist," "you," or "your") agree to be bound by these Terms of Service.

This Agreement is between you and StayConnected Health Technologies, Inc.

Effective when you click "I Accept" or otherwise use the Platform.

2. What StayConnected Provides

StayConnected is a practice management and patient engagement platform for licensed mental health professionals. We provide:

• Patient management and onboarding
• Session documentation and note-taking
• Patient journaling and mood tracking
• AI-powered insights and progress tracking
• Secure HIPAA-compliant messaging
• Per-patient metered billing

We are a TOOL to support your practice. We are NOT:

• ❌ A healthcare provider or covered entity
• ❌ Providing medical or therapeutic advice
• ❌ Responsible for patient care outcomes
• ❌ Replacing your professional judgment

3. Professional Requirements

To use the Platform, you must:

• ✅ Be a licensed mental health professional (psychologist, psychiatrist, therapist, counselor, social worker)
• ✅ Hold a valid, active license in good standing
• ✅ Be legally authorized to provide telehealth services
• ✅ Be at least 18 years of age

Critical: You are responsible for ensuring you are licensed in the state/country where YOUR PATIENT is located, not where you are located. StayConnected does NOT verify your licensing status.

See Professional Licensing Requirements for critical details.

4. Patient Data and HIPAA

HIPAA Roles

• You are the Covered Entity: You are the healthcare provider subject to HIPAA
• We are the Business Associate: We process PHI on your behalf
• Business Associate Agreement (BAA): Automatically incorporated (see Data Processing Agreement)

Data Ownership

• You own patient data: All patient records belong to you
• We are data processors: We process per your instructions and HIPAA
• Patients own their data: Patients have rights to access, amend, and export

Your HIPAA Obligations

• Obtain patient consent before using the Platform
• Provide patients with Notice of Privacy Practices
• Implement appropriate safeguards (secure passwords, MFA)
• Report suspected breaches immediately
• Comply with patient requests for data access/amendment

5. Subscription and Billing

Per-Patient Metered Billing: You pay based on active patients.

• Active Patient: Invited and has created account
• Monthly Billing: 1st of each month for previous month
• Pricing: See current pricing at stayconnected.health/pricing

Example: Invite 10 patients → Billed for 10 patients. Add 5 more → Billed for 15. Two discharge → Billed for 13.

Payment Terms:

• Auto-renewal monthly unless canceled
• 7-day grace period for failed payments
• No refunds except billing errors or service outages exceeding SLA

6. AI Features and Limitations

The Platform includes AI-powered features for sentiment analysis and clinical insights.

AI Features

• Sentiment analysis of patient journals
• Progress tracking and trend identification
• Clinical insights and suggested topics
• Crisis language flagging (not real-time)

⚠️ IMPORTANT: AI Limitations

AI features are assistive tools ONLY. They are NOT:

• ❌ Diagnostic tools
• ❌ Substitutes for clinical judgment
• ❌ FDA-approved medical devices
• ❌ Guarantees of accuracy
• ❌ Real-time crisis detection

Your Responsibilities with AI

• ✅ Review all AI-generated content before acting
• ✅ Verify AI accuracy independently
• ✅ Override AI when clinically appropriate
• ✅ Obtain patient consent for AI processing
• ✅ Document when you deviate from AI suggestions

7. Your Licensing Responsibilities

YOU are solely responsible for:

• Being licensed in the state/country where YOUR PATIENT is located
• Complying with telehealth requirements
• Understanding interstate compact rules (PSYPACT if applicable)
• Obtaining informed consent for telehealth
• Establishing emergency protocols

We do NOT verify your licensing. You assume all liability for non-compliance.

See Professional Licensing Requirements for critical details.

8. Disclaimers and Limitations of Liability

No Warranty

THE PLATFORM IS PROVIDED "AS IS" without warranties of any kind.

No Liability for Patient Outcomes

WE ARE NOT LIABLE FOR:

• ❌ Patient care outcomes or treatment results
• ❌ Your clinical decisions or judgment errors
• ❌ Failure to diagnose or treat patient conditions
• ❌ Patient harm, injury, or death
• ❌ Malpractice claims against you

Limitation of Liability

Our total liability to you shall not exceed the amount you paid us in the 12 months preceding the claim.

We are not liable for: Indirect, consequential, or punitive damages, lost profits, or cost of substitute services.

9. Termination

You May Cancel Anytime

• Cancel in Settings → Account → Cancel Subscription
• Effective at end of billing period
• 30-day data export window

We May Terminate For

• Material breach of Terms
• Non-payment after grace period
• Loss of professional license
• Fraudulent activity

Data After Termination

• Export your data within 30 days
• Data retained for 7 years (HIPAA), then deleted
• Audit logs retained for 7 years

10. Dispute Resolution

Binding Arbitration: Disputes resolved through arbitration (American Arbitration Association, San Francisco, CA).

Class Action Waiver: No class actions or representative actions.

Opt-Out: Email legal@stayconnectedlabs.com within 30 days of accepting Terms.

Governing Law: State of California, USA.

11. Related Documents

This Agreement includes and incorporates by reference:

• Privacy Policy - How we protect patient data
• Data Processing Agreement - GDPR Article 28 compliance (BAA)
• Professional Licensing Requirements - Your licensing responsibilities
• HIPAA Notice - HIPAA compliance information

12. Contact Us