Terms of Service

Last Updated: February 2026

These Terms of Service ("Terms") govern your use of the Theracharts web application at app.theracharts.com ("the Service"), operated by Theracharts ("we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms.

1. Description of Service

Theracharts is a web-based platform that enables mental health professionals ("Therapists") to create clinical assessments, invite clients to complete those assessments, and visualize client progress through charts, reports, and data analysis tools. The Service also provides client-facing functionality for completing assigned assessments.

The Service is a practice management tool. It is not a medical device, electronic health record (EHR) system, or substitute for professional clinical judgment.

2. Account Registration

Eligibility

Therapist accounts are intended for licensed or credentialed mental health professionals, counselors, therapists, and clinical supervisors. By creating a Therapist account, you represent that you are authorized to provide mental health services in your jurisdiction.

Client accounts are created through invitation by a Therapist. By accepting an invitation and creating a Client account, you acknowledge that your Therapist has requested your participation.

Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to:

  • Use a strong, unique password
  • Not share your account with others
  • Notify us immediately at contact@theracharts.com if you suspect unauthorized access

We are not liable for any loss or damage arising from your failure to maintain account security.

3. Subscription Plans and Payment

Plans

Theracharts offers three subscription tiers:

  • Starter (Free): Up to 3 active clients, limited templates, basic charts
  • Professional ($29/month or $290/year): Up to 30 active clients, unlimited templates, full features
  • Supervisor ($49/month or $490/year): Includes 1 Professional seat plus up to 10 therapist sub-accounts, practice admin dashboard, centralized billing

Free Trial

New Therapist accounts receive a 14-day free trial of Professional features. After the trial period, your account will revert to the Starter plan unless you subscribe to a paid plan.

Payment

Paid subscriptions are billed in advance on a monthly or annual basis through Stripe. By subscribing, you authorize us to charge your payment method at the applicable rate.

Cancellation

You may cancel your subscription at any time through the billing portal in your account settings. Upon cancellation:

  • Your subscription remains active until the end of the current billing period
  • Your account will revert to the Starter plan
  • Your data is retained for 30 days, during which you may export it or resubscribe
  • After 30 days, data associated with features beyond the Starter plan may be archived

Refunds

We do not offer refunds for partial billing periods. If you believe you were charged in error, contact us at contact@theracharts.com within 30 days.

Price Changes

We reserve the right to modify pricing with 30 days advance notice. Price changes will not affect your current billing period. Continued use after the price change takes effect constitutes acceptance of the new pricing.

4. Therapist Responsibilities

As a Therapist using Theracharts, you acknowledge and agree that:

Clinical Responsibility

  • You are solely responsible for all clinical decisions made in the course of your practice
  • Theracharts data, charts, and reports are tools to support — not replace — your clinical judgment
  • The Service does not provide clinical recommendations, diagnoses, or treatment plans

Client Consent

  • You are responsible for obtaining appropriate informed consent from your clients before collecting their health information through the Service
  • You must inform clients about how their data will be stored and used on the platform
  • You must comply with all applicable laws and professional ethics codes regarding client consent

HIPAA Compliance

  • If you are a covered entity under HIPAA, you are responsible for your own HIPAA compliance
  • You agree not to include PHI in fields not designed for it (such as practice names, template titles, or support communications)
  • You acknowledge that email notifications sent through the Service do not contain PHI and are limited to non-identifying reminders and links

Data Accuracy

  • You are responsible for the accuracy of assessment templates you create
  • You are responsible for the appropriate clinical use of prebuilt assessment templates (PHQ-9, GAD-7, etc.) within your scope of practice

5. Client Responsibilities

As a Client using Theracharts, you acknowledge and agree that:

  • You are completing assessments at the request of your Therapist
  • Your responses are shared with your assigned Therapist
  • The Service is not a crisis intervention tool — if you are in crisis, contact your Therapist directly, call 988 (Suicide and Crisis Lifeline), or go to your nearest emergency room
  • You should complete assessments honestly, as they are used to inform your care

6. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose
  • Attempt to gain unauthorized access to other users' accounts or data
  • Interfere with or disrupt the Service or its infrastructure
  • Upload malicious code, viruses, or harmful content
  • Use automated tools (bots, scrapers) to access the Service without our written permission
  • Resell, sublicense, or redistribute access to the Service without authorization
  • Use the Service to store data unrelated to clinical assessment and practice management

We reserve the right to suspend or terminate accounts that violate these terms.

7. Intellectual Property

Our Property

The Theracharts platform, including its design, code, features, prebuilt templates, and documentation, is the intellectual property of Theracharts. You may not copy, modify, distribute, or reverse engineer any part of the Service.

Your Content

You retain ownership of all data you enter into the Service, including custom assessment templates, client data, and form responses. We claim no ownership over your content.

By using the Service, you grant us a limited license to process, store, and display your content solely for the purpose of providing the Service to you.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. The Privacy Policy is incorporated into these Terms by reference.

9. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

  • Scheduled maintenance (we will provide advance notice when possible)
  • Unplanned outages or technical issues
  • Circumstances beyond our reasonable control

We are not liable for any loss or damage resulting from Service interruptions.

10. Limitation of Liability

To the maximum extent permitted by law:

  • The Service is provided "as is" and "as available" without warranties of any kind, either express or implied
  • We do not warrant that the Service will be error-free, secure, or uninterrupted
  • We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service
  • Our total liability for any claim arising from these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim
  • We are not liable for clinical outcomes, treatment decisions, or any harm arising from reliance on data or reports generated by the Service

11. Indemnification

You agree to indemnify and hold harmless Theracharts and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any law or regulation
  • Any claim by a third party related to your use of the Service

12. Termination

We may suspend or terminate your account if:

  • You violate these Terms
  • Your payment is past due for more than 30 days
  • We are required to do so by law
  • We reasonably believe your account poses a security risk

Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days to allow for export, after which it may be permanently deleted.

You may terminate your account at any time by contacting us at contact@theracharts.com.

13. Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in the English language.

You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against Theracharts.

14. Modifications to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms. If you do not agree with the updated Terms, you should discontinue use of the Service.

15. Miscellaneous

  • Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
  • Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Theracharts regarding the Service.
  • No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
  • Assignment: We may assign our rights under these Terms. You may not assign your rights without our written consent.

16. Contact Us

If you have questions about these Terms, contact us at:

Theracharts Email: contact@theracharts.com Website: theracharts.com