Terms of Service

Last Updated: March 30, 2026

1. Agreement to Terms

These Terms of Service ("Terms") are a legal agreement between you and Theracharts ("we," "us," "our," or the "Company"), a Colorado limited liability company (FRTC LLC) doing business as Theracharts, reachable at contact@theracharts.com. These Terms govern your access to and use of the Theracharts web application at app.theracharts.com and the marketing website at theracharts.com (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

2. Description of Service

Theracharts is a web-based clinical intelligence platform that enables mental health professionals ("Therapists") to:

• Administer validated clinical assessments (PHQ-9, GAD-7, PCL-5, and 120+ others) and custom forms
• Track client outcomes through charts, reports, and trend analysis
• Transcribe voice memos using AI-powered speech recognition
• Manage clinical referrals with release-of-information consent workflows
• Conduct couples therapy outcome tracking and comparison
• Supervise trainees with approval workflows and hour tracking
• Query caseload data using natural language

The Service also provides a client-facing progressive web application ("Client Portal") for completing assigned assessments, viewing progress, and managing safety plans.

3. Account Types and Eligibility

3.1 Therapist Accounts

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

3.2 Practice Owner Permissions

A Therapist who owns a practice (the “practice owner”) has the same account type as any other Therapist, with additional permissions to invite team therapists and manage practice-wide settings such as Business Associate Agreements, Single Sign-On, IRB protocols, and bulk operations. There is no separate “practice administrator” account type — practice owner is a permission set on a Therapist account, granted to whoever sets up the practice.

3.3 Client Accounts

Client accounts are created exclusively through invitation by a Therapist. By accepting an invitation and creating a Client account, the client acknowledges that their Therapist has requested their participation and that their assessment responses will be shared with their assigned Therapist.

3.4 Account Security

You are responsible for maintaining the confidentiality of your account credentials. Two-factor authentication (2FA) is mandatory for all Therapist accounts. You agree to:

• Use a strong, unique password
• Enable and maintain two-factor authentication
• Not share your account credentials 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.

4. Subscription Plans and Payment

4.1 Plans

Paid plans are available with monthly or annual billing. Annual billing is discounted (equivalent to two months free). The paid plan is billed per therapist seat. There is no free trial period — the free plan provides core functionality at no cost with no credit card required.

4.2 Payment Processing

Payments are processed by Stripe, Inc. By subscribing to a paid plan, you authorize us to charge your payment method through Stripe at the applicable rate. We do not store your credit card information — it is handled entirely by Stripe in accordance with PCI DSS standards. No protected health information (PHI) is transmitted to Stripe.

4.3 Cancellation

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

• Your subscription remains active until the end of the current billing period
• Your account reverts to the free plan
• Your clinical data (client records, assessment responses, uploaded files) is retained for 30 days, during which you may export it or resubscribe
• After 30 days, clinical data associated with features beyond the free plan may be archived or deleted
• Audit logs and compliance records are retained in accordance with HIPAA requirements (6 years for authentication and clinical access logs) regardless of account status. See our Privacy Policy, Section 7 for the full data retention schedule.

4.4 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 of the charge.

4.5 Price Changes

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

5. AI-Powered Features

5.1 AI Services Provided

The Service integrates with OpenAI's API to provide the following AI-powered features for paid plan subscribers:

• Clinical Updates: Generates a data-grounded clinical narrative for a client (or couple) covering everything measured since the therapist's last export — assessment trends, alerts, completion patterns, goal progress. The therapist copies the output into their EHR's note or chart fields. The generated text is not stored on Theracharts servers.
• Clinical Insights: Analyzes assessment trends, identifies patterns, and provides interpretive context for scored instruments
• Natural Language Querying: Translates plain-language questions about caseload data into structured database queries (the AI interprets the question; it does not directly access the database)
• Referral Summaries: Generates structured treatment summaries for clinical referrals based on assessment history and measured outcomes

5.2 AI Data Processing

To provide AI features, certain data — including assessment scores, trends, and clinical observations — is transmitted to OpenAI for processing. This data may constitute protected health information (PHI) under HIPAA.

We have executed a Business Associate Agreement (BAA) with OpenAI (effective March 22, 2026). Under this agreement:

• OpenAI is prohibited from using your data to train, improve, or develop AI models
• Data is processed solely to provide the requested AI output and is not retained by OpenAI beyond what is necessary for processing
• OpenAI is bound by HIPAA's security and privacy requirements as a subcontractor

5.3 AI Limitations

AI outputs are not clinical advice. All AI-generated content — including clinical insights, clinical updates, and referral summaries — is provided as a draft or suggestion. Therapists must review, edit, and approve all AI-generated content before relying on it for clinical purposes. We make no warranty regarding the accuracy, completeness, or clinical appropriateness of AI outputs.

AI features do not constitute the practice of any licensed profession. AI outputs are computational in nature and do not reflect independent clinical judgment. The generation of an AI clinical update or insight does not constitute the creation of a clinical record. Theracharts is not the system of record; the Therapist's EHR is. Whether AI output becomes part of the clinical record is a separate decision made by the Therapist when (and if) they paste it into their EHR. Therapists should be aware that some state licensing boards may have specific guidance or requirements regarding the use of AI in clinical documentation and are responsible for compliance with such requirements.

5.4 AI Usage Limits

AI features are subject to monthly usage limits based on your subscription tier. Usage limits reset on the first day of each billing period. Unused AI uses do not roll over.

5.5 AI Data Processing Acknowledgment

Before using any AI-powered feature for the first time, Therapists must acknowledge an in-application disclosure ("AI Data Processing Acknowledgment") that clearly states:

• The categories of data that will be transmitted to OpenAI (assessment scores, clinical observations, goal/skill summaries)
• That such data may constitute Protected Health Information (PHI)
• That OpenAI processes data under a signed BAA and is prohibited from using it for model training
• That AI outputs are drafts requiring clinical review and are not a substitute for professional judgment
• That the Therapist remains responsible for obtaining any client-level consent required by applicable law, professional ethics codes, or licensing board rules before using AI features that process a client's clinical data

This Acknowledgment is separate from acceptance of these Terms and may be updated if the AI processing practices materially change. Therapists who do not accept the Acknowledgment may continue using the Service without AI features.

6. Therapist Responsibilities

6.1 Clinical Responsibility

As a Therapist using the Service, you acknowledge and agree that:

• You are solely responsible for all clinical decisions made in the course of your practice
• Data, charts, AI outputs, and reports provided by the Service are tools to support — not replace — your professional clinical judgment
• You will review and validate all AI-generated content before incorporating it into clinical records or sharing it with clients, referral providers, or other parties
• You are responsible for the appropriate clinical use of assessment templates within your scope of practice

6.2 Client Consent

You are responsible for:

• Obtaining appropriate informed consent from clients before collecting their health information through the Service
• Informing clients that their data is stored on cloud infrastructure and processed by AI services (where applicable)
• Informing clients about how their data will be used, including disclosure to referral providers through the referral system
• For minor clients (under 18): indicating during the client invitation process that the client is a minor and attesting that verifiable parental or guardian consent has been obtained as required by COPPA (for clients under 13) and applicable state law. You must obtain, document, and retain evidence of this consent (e.g., signed consent forms) in accordance with your professional obligations. See our Privacy Policy, Section 12 for details on children's privacy protections.
• Complying with all applicable laws, regulations, and professional ethics codes regarding client consent and data handling

6.3 HIPAA Compliance

If you are a Covered Entity or Business Associate under HIPAA:

• You may request a Business Associate Agreement (BAA) from us by contacting contact@theracharts.com
• You are responsible for your own HIPAA compliance obligations as a Covered Entity
• You agree not to include PHI in fields not designed for it (such as practice names, template titles, or support communications)
• You acknowledge that transactional emails sent through the Service do not contain PHI and are limited to non-identifying reminders and links

6.4 Minor Clients and COPPA Compliance

The Service may be used by Therapists to track outcomes for minor clients (under 18), including children under 13, subject to the following requirements:

• Parental consent required. Before inviting any client under 13, you must obtain verifiable parental or guardian consent in compliance with the Children's Online Privacy Protection Act (COPPA, 16 CFR Part 312). For clients aged 13 to 17, you must obtain parental or guardian consent where required by applicable state law.
• In-app attestation. When inviting a minor client, you must indicate that the client is under 18 and confirm via the in-app attestation checkbox that you have obtained the required consent. This attestation is logged in our audit trail for compliance purposes.
• Consent documentation. You are responsible for obtaining, documenting, and retaining evidence of parental or guardian consent (e.g., signed consent forms) outside the Service, in accordance with your professional obligations and applicable law. We do not collect or store parental consent documentation.
• AI features. You should exercise heightened caution when using AI features (clinical insights, clinical updates, NL querying) on the clinical data of minor clients. You must ensure that any required parental or guardian consent covers AI processing of the minor's data.
• No direct child registration. Children do not create their own accounts. All minor client accounts are created by the inviting Therapist through the client invitation process.
• Liability. You acknowledge that Theracharts relies on your professional judgment and attestation to determine whether appropriate consent has been obtained. You agree to indemnify and hold harmless Theracharts from any claims, damages, or regulatory penalties arising from your failure to obtain proper consent for minor clients.

For further details on how we handle children's data, see our Privacy Policy, Section 12.

7. Client Responsibilities

As a Client using the Service, you acknowledge and agree that:

• You are completing assessments at the request of your Therapist
• Your responses, safety plan content, and goal tracking data 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), text HOME to 741741, or call 911
• You should complete assessments honestly, as they are used to inform your clinical care
• If your Therapist initiates a clinical referral, you will be asked to consent before any data is shared with the receiving provider

8. Business Associate Agreement

Theracharts acts as a Business Associate to Therapists who are Covered Entities under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Health Information Technology for Economic and Clinical Health Act ("HITECH").

We provide a standalone Business Associate Agreement (BAA) that can be downloaded, signed, and returned to us. Paid customers (any seat count) can download the BAA directly from Settings → Billing within the application. The BAA is also available by contacting contact@theracharts.com.

Our BAA addresses all requirements of 45 CFR § 164.504(e), including:

• Permitted uses and disclosures of PHI
• Administrative, physical, and technical safeguards
• Breach notification obligations (without unreasonable delay and no later than 30 days from discovery)
• Individual rights (access, amendment, accounting of disclosures)
• Obligations upon termination (return or destruction of PHI)
• Sub-contractor obligations (our sub-processors with BAAs: Neon, Render, OpenAI)
• AI data processing provisions (OpenAI BAA, no model training on PHI)

To request a BAA or if you have questions about HIPAA compliance, contact us at contact@theracharts.com.

9. Data Ownership and Intellectual Property

9.1 Your Content

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

By using the Service, you grant us a limited, non-exclusive license to process, store, transmit, and display your content solely for the purpose of providing and improving the Service. This license terminates when you delete your content or close your account (subject to the data retention periods described in Section 4.3 and our Privacy Policy).

9.2 Our Property

The Theracharts platform — including its design, source code, prebuilt assessment templates, scoring algorithms, documentation, and branding — is the intellectual property of Theracharts. You may not copy, modify, distribute, decompile, reverse engineer, or create derivative works from any part of the Service without our prior written consent.

Prebuilt assessment templates included in the Service (e.g., PHQ-9, GAD-7, PCL-5) are public domain or freely licensed instruments. Our implementation, scoring logic, and presentation of these instruments is proprietary.

9.3 Feedback

If you provide suggestions, feature requests, or other feedback about the Service, you grant us an irrevocable, perpetual, royalty-free license to use, incorporate, and implement that feedback without restriction or compensation.

10. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation
• Attempt to gain unauthorized access to other users' accounts or data
• Interfere with or disrupt the Service, its infrastructure, or other users' access
• 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
• Use the Service to store data unrelated to clinical assessment and practice management
• Use AI features to generate content for purposes other than clinical documentation
• Circumvent AI usage limits or rate limiting protections

We reserve the right to suspend or terminate accounts that violate these Terms without prior notice.

11. Data Export and Portability

You may export your data from the Service at any time using the built-in export features, including:

• Client outcome reports (PDF)
• Supervision logs (CSV and PDF)
• Assessment response data

Upon account termination, you will have 30 days to export your data. After this period, data may be permanently deleted in accordance with our data retention policies.

12. Service Availability

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

• Scheduled maintenance (with advance notice when possible)
• Unplanned outages or technical issues
• Third-party service provider outages (Neon, OpenAI, Cloudflare, etc.)
• Circumstances beyond our reasonable control

Current Service status is available at app.theracharts.com/status. We are not liable for any loss or damage resulting from Service interruptions.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED, OR THAT AI-GENERATED OUTPUTS WILL BE ACCURATE OR CLINICALLY APPROPRIATE.
• WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR DAMAGES RESULTING FROM RELIANCE ON AI-GENERATED CONTENT.
• OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
• WE ARE NOT LIABLE FOR CLINICAL OUTCOMES, TREATMENT DECISIONS, OR ANY HARM ARISING FROM RELIANCE ON DATA, REPORTS, OR AI-GENERATED CONTENT PROVIDED THROUGH THE SERVICE.

HIPAA and Regulatory Carve-Out: Notwithstanding the foregoing, nothing in this Section 13 shall limit or exclude:

• Our obligations under HIPAA, HITECH, or any executed Business Associate Agreement, including our obligations to safeguard PHI, report Breaches, provide access to and accounting of disclosures, and cooperate with HHS investigations;
• Liability for a Breach of Unsecured PHI caused by our willful neglect, gross negligence, or intentional misconduct;
• Civil penalties imposed by HHS or state attorneys general under HIPAA/HITECH enforcement provisions (42 USC § 1320d-5, 1320d-6);
• Any liability that cannot be limited or excluded under applicable law, including applicable state consumer protection statutes.

For the avoidance of doubt: the aggregate liability cap in this Section does not apply to (a) indemnification obligations arising from a Breach of Unsecured PHI, or (b) regulatory fines and penalties. Our HIPAA obligations survive regardless of any limitation of liability provisions in this Agreement or any executed BAA.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Theracharts and its owner, officers, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any law, regulation, or professional ethics requirement
• Any claim by a third party (including clients, referral providers, or licensing boards) related to your use of the Service
• Your failure to obtain appropriate client consent for data collection and AI processing
• Your reliance on AI-generated content without appropriate professional review

15. 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 or legal process
• We reasonably believe your account poses a security risk or is being used fraudulently

Upon termination, your right to use the Service ceases immediately. We will retain your clinical data for 30 days to allow for export, after which it may be permanently deleted. Audit logs and compliance records are retained for 6 years from creation in accordance with HIPAA § 164.530(j), regardless of account status. See our Privacy Policy, Section 7 for the complete retention schedule.

You may terminate your account at any time by contacting us at contact@theracharts.com or through the account settings in the Service.

16. Dispute Resolution

16.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.

16.2 Informal Resolution

Before filing any formal proceeding, you agree to attempt to resolve any dispute by contacting us at contact@theracharts.com. We will attempt to resolve the dispute informally within 30 days.

16.3 Binding Arbitration

If informal resolution fails, any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in the State of Colorado (or, at the claimant's election, via videoconference), be conducted in English, and the arbitrator's decision shall be final and binding.

16.4 Exceptions to Arbitration

The following disputes are excluded from the arbitration requirement and may be brought in a court of competent jurisdiction:

• Claims within the jurisdiction of a small claims court in the State of Colorado (or your state of residence)
• Actions seeking injunctive or equitable relief to prevent unauthorized use or disclosure of PHI, or to enforce confidentiality obligations under HIPAA, HITECH, or any executed BAA
• Claims by a state attorney general or regulatory body under applicable consumer protection or healthcare privacy laws

16.5 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING AGAINST THERACHARTS. If this class action waiver is found to be unenforceable as to a particular claim, that claim (and only that claim) shall be severed from arbitration and may proceed in court.

16.6 Exception for HIPAA and Regulatory Complaints

Nothing in this section limits your rights under HIPAA to file a complaint with the U.S. Department of Health and Human Services (HHS) Office for Civil Rights regarding alleged HIPAA violations, or your right to file a complaint with your state attorney general or applicable state regulatory body. Nothing in this section limits the right of any governmental entity to bring an action or investigation against either party.

16.7 Opt-Out of Arbitration

You may opt out of the binding arbitration and class action waiver provisions of this Section 16 by sending written notice to contact@theracharts.com within thirty (30) days of first creating your account. The notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, all disputes will be resolved in the state or federal courts located in Colorado. Opting out will not affect any other provision of these Terms or your ability to use the Service.

17. DMCA and Copyright

If you believe that content on the Service infringes your copyright, please send a written notice to contact@theracharts.com containing:

• Identification of the copyrighted work
• Identification of the infringing material and its location on the Service
• Your contact information
• A statement that you have a good-faith belief that the use is not authorized
• A statement under penalty of perjury that the information in the notice is accurate
• Your physical or electronic signature

18. Modifications to Terms

We may update these Terms from time to time. We will notify you of material changes by email and/or through a prominent notice in the Service at least 30 days before the changes take effect. Your continued use of the Service after the updated Terms take effect constitutes acceptance. If you do not agree with the updated Terms, you must discontinue use of the Service and may export your data during the notice period.

19. Miscellaneous

• Severability: If any provision of these Terms is found unenforceable by a court of competent jurisdiction, the remaining provisions remain in full force and effect.
• Entire Agreement: These Terms, together with the Privacy Policy and any executed BAA, 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 or any other provision.
• Assignment: We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets, provided that any assignee assumes all of our obligations under HIPAA, HITECH, any executed BAA, and this Agreement, including all obligations related to the protection of PHI. We will notify you of any such assignment at least 30 days in advance. You may not assign your rights without our prior written consent.
• Force Majeure: We are not liable for delays or failures in performance caused by events beyond our reasonable control, including natural disasters, pandemics, government actions, internet disruptions, or third-party service outages.
• Notices: We will send notices to the email address associated with your account. You are responsible for keeping your email address current.

20. Contact Us

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

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