Sessions, Inc. (“Sessions”, “us”, “we”, or “our”) provides software for telehealth therapy practices through its app.sessionhealth.com website (“Service”) for use by individual therapists, as well as group private practice therapists (“Client”, “account holder,” “you”, or “your”). Please read these Terms and Conditions (“Terms”) carefully before using the Service. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. As applicable, these Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service or visiting our website(s), you agree to be bound by these Terms, as applicable. If you disagree with any part of these Terms, please discontinue use of the Service immediately then you do not have permission to access the Service.
By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed retroactively on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Sessions, Inc cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the Sessions customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Sessions with accurate and complete billing information including full name, credit card number, expiration date, and CVC. By submitting such payment information, you automatically authorize Sessions, Inc to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Sessions, Inc will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
It is the account holder’s responsibility to obtain their data from their account should an account be canceled either by the account holder or for a failure to pay for the Service. Sessions will notify the account holder if their account has been canceled for lack of payment. The account holder has 30 days to download their data after an account has been canceled. After 30 days, all data associated with the account may be deleted. It is the responsibility of the account holder to maintain records in compliance with federal, state, and local laws. Sessions will not be liable for any losses, damages or liabilities arising from an account holder’s failure to retain a copy of its data or Sessions’ deleting that data in accordance with these Terms.
Sessions, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then- current Billing Cycle. Sessions will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by Sessions on a case-by-case basis and granted at the sole discretion of Sessions.
Credits may be applied to accounts for referring other customers to Sessions Health. Credits have no cash value and cannot be exchanged. Credit may only be applied to the account owner’s Sessions Health invoices. Credits are given based upon the current base subscription cost at the time a referral is applied. Unused credits do not increase in value for any reason.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, accuracy, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you or your company own it) and/or you have the legal right to use it and the authorization to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, civil rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on any of these rights.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.
Sessions, Inc has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Sessions, Inc or used with permission of the owner of that Content. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for individual personal gain, without express advance written permission from us.
When you create an account with us, you warrant and represent that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and access credentials, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for all activities or actions that occur under your account and/or credentials, whether your credential is with our Service or a third-party service. You must notify us immediately upon becoming aware of any actual or suspected breach of your account’s security or actual or suspected unauthorized use of your account.
Some services that Sessions provides require integration with a clearinghouse including, but not limited to, electronic claims processing and eligibility checks. Sessions agrees to transmit the information entered by the account holder to the clearinghouse and to transmit responses from the clearinghouse. Sessions is not responsible for errors you or your agent make in entering any information, clearinghouse errors, or errors with payer systems.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Sessions, Inc and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Sessions.
Our Service may contain links to third party websites or services that are not owned or controlled by Sessions, Inc.
Sessions has no control over, and assumes no responsibility or liability for the content, privacy policies, or practices of any third-party websites or third-party services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Sessions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods or services available on or through any such third- party web sites or services.
We strongly advise you to read the applicable terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
In accepting these Terms and using the Service, you, as the Client or account holder, hereby warrant and represent you have the full legal authority as an individual, or representative of your company, to enter into these Terms and agree to be bound by all the Terms and any addendums to the Terms.
You acknowledge and agree that you, as the Client, are solely responsible for compliance with all applicable law(s) in connection with your use of the Service, including as pertains to any use of information and material generated by or through the Service, including, without limitation, healthcare law, labor laws, tax related laws, and laws addressing the collection, storage, notification and receipt of consents related to privacy, data, security, and biometric information, whether relating to your own internal information or information you have collected and provided to Sessions regarding your patients, employees, agents and independent contractors. For avoidance of doubt, you will be responsible for (i) how you use the Service to comply with your own legal and regulatory requirements, including the Health Insurance Portability and Accountability Act (“HIPAA”) and any other privacy regulations, and (ii) the consequences of any instructions you give to Sessions, including as part of the implementation of the Service. Sessions may rely upon information you provide in its provision of the Service, whether received directly from you or users you have authorized to use the Service.
The Service does not include any legal, healthcare, financial, regulatory, benefits, accounting, or tax advice. Sessions will not be held liable for your use of the Service and will not use, or allow the use of, the Service in contravention of any federal, state, local, foreign, or other applicable law, rule, or regulation. Sessions will also not be held liable for your use of any sample agreements, policies or procedures (“Templates”) we provide you as part of the Service. You acknowledge and accept that all such Templates are provided by Sessions as a courtesy to you and Sessions does not warrant or represent that your use of any Template, in part or in full, will satisfy any legal requirements to which you are subject. You are solely responsible for ensuring any Templates meet the applicable legal and business requirements for which you are using them, and agree to consult legal counsel, as needed, to modify such Templates accordingly. As applicable, you agree to execute and be bound by other required agreements, including business associate agreements (HIPAA), data processing agreements and any agreements necessary to properly transfer personal information to Sessions.
You agree to defend, indemnify and hold harmless Sessions, Inc and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and credentials; b) a breach of these Terms, or c) Content posted on the Service.
In no event shall Sessions, Inc, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Sessions, Inc, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Minnesota, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.