Terms | Mind Therapy Works

Last Updated: May 8, 2025

Welcome to Mind Therapy Works! These Terms of Service ("Terms") govern your access to and use of the mindtherapy.works website (the "Site"), our Electronic Health Record (EHR) platform, practice management software, AI-assisted notation tools, and any related services, features, content, or applications offered by Mind Therapy Works (collectively, the "Services").

Please read these Terms carefully before using our Services. By creating an account, accessing, or using the Services, you signify your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

If you are using the Services on behalf of an organization (e.g., a clinic or group practice), you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In such a case, "you" and "your" will refer to that organization.

1. Our Services

Mind Therapy Works provides a comprehensive EHR and practice management solution designed for psychiatrists, psychologists, and other mental health professionals. Our Services include, but are not limited to:

Electronic Health Record keeping
Client scheduling and management
AI-assisted note generation
Billing and invoicing features
Secure messaging (as applicable)
Reporting and analytics
Tools to assist with compliance obligations
Integration with authorized third-party services

We are committed to continuously innovating and improving our Services. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice to you, though we will strive to provide reasonable notice of material changes.

2. Eligibility and Account Registration

To use our Services, you must be a licensed mental health professional or represent a legitimate mental health practice and be legally capable of entering into binding contracts.

You will need to create an account to access most features of the Services. When you register for an account, you agree to:

Provide accurate, current, and complete information as prompted by the registration form.
Maintain and promptly update your account information to keep it accurate, current, and complete.
Maintain the security and confidentiality of your account credentials (username and password).
Be solely responsible for all activities that occur under your account, whether or not authorized by you.
Notify us immediately of any unauthorized use of your account or any other breach of security.

Mind Therapy Works is not liable for any loss or damage arising from your failure to comply with these requirements.

3. Fees and Payment

Certain aspects of our Services may be subject to fees. Our current pricing and payment terms will be communicated to you at the time of registration or when you elect to use a paid feature ("Pricing"). All fees are quoted in U.S. Dollars unless otherwise specified.

You agree to pay all applicable fees as described in the Pricing for the Services you select. We reserve the right to change our Pricing upon reasonable notice to you (which may be sent by email or posted on our Site). Your continued use of the Services after a price change becomes effective constitutes your agreement to pay the changed amount.

Payments are typically processed through a third-party payment processor. You authorize us and our third-party payment processor to charge your chosen payment method for the fees incurred. You are responsible for providing valid and current payment information. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also suspend or terminate your access to the Services for non-payment.

All fees are non-refundable except as expressly stated in these Terms or as required by applicable law.

4. Use of the Services and User Responsibilities

License Grant: Subject to your compliance with these Terms, Mind Therapy Works grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes related to your provision of mental health services.
Compliance with Laws: You are solely responsible for ensuring that your use of the Services complies with all applicable federal, state, and local laws, regulations, and ethical guidelines, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), HITECH, and any professional licensing requirements.
Protected Health Information (PHI): You acknowledge that in using the Services, you will be creating, accessing, maintaining, and transmitting PHI. You agree to:
- Enter into and comply with a Business Associate Agreement (BAA) with Mind Therapy Works, which will govern the use and protection of PHI. The BAA is hereby incorporated by reference into these Terms.
- Implement and maintain appropriate administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of PHI within your control and in connection with your use of the Services.
- Be solely responsible for obtaining any necessary patient consents or authorizations for the use and disclosure of PHI in connection with the Services.
Prohibited Uses: You agree not to:
- Use the Services for any illegal or unauthorized purpose.
- Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the Services.
- Modify, adapt, translate, or create derivative works based upon the Services.
- Rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Services to any third party.
- Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services.
- Upload or transmit any material that is infringing, libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or right of any third party.
- Use the Services to transmit spam or other unsolicited commercial messages.
- Introduce any viruses, Trojan horses, worms, antime bombs, cancelbots, or other harmful computer code, files, or programs.
- Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission.
- Interfere with or disrupt the integrity or performance of the Services or the data contained therein.

5. AI-Assisted Features

Our Services may include features that utilize artificial intelligence ("AI Features"), such as AI-assisted note generation. You understand and agree that:

AI Features are provided to assist you and are not a substitute for your professional judgment.
You are solely responsible for reviewing, editing, and verifying the accuracy and completeness of any content generated or suggested by AI Features before relying on or using such content.
You are responsible for ensuring that your use of AI Features, and any output from such features, complies with all applicable laws, regulations, ethical guidelines, and your professional obligations, including those related to patient care and record-keeping.
Mind Therapy Works makes no representations or warranties regarding the accuracy, reliability, or suitability of AI Features for any particular purpose.
Data used to train and improve our AI Features will be handled in accordance with our Privacy Policy and BAA, with appropriate de-identification and aggregation measures where PHI is involved.

6. Third-Party Integrations and Services

The Services may allow you to integrate with or use third-party applications, software, or services ("Third-Party Services"). Your use of any Third-Party Service is subject to the terms and conditions and privacy policies of that third-party provider.

Mind Therapy Works does not control and is not responsible for any Third-Party Services, including their accuracy, availability, security, or any exchange of data between you and such Third-Party Service. You assume all risks associated with accessing and using Third-Party Services. Any BAA you have with Mind Therapy Works does not cover Third-Party Services unless explicitly stated.

7. Intellectual Property Rights

Our Intellectual Property: The Services, including the Site, software, underlying technology, AI algorithms, documentation, and all content and materials therein (excluding Your Data, as defined below), and all intellectual property rights related thereto, are and will remain the exclusive property of Mind Therapy Works and its licensors. Except for the limited license granted in Section 4, no rights or licenses are granted to you under these Terms, by implication, estoppel, or otherwise.
Your Data: As between you and Mind Therapy Works, you own all right, title, and interest in and to the data and information (including PHI) that you or your clients upload, submit, or generate in connection with your use of the Services ("Your Data"). You grant Mind Therapy Works and its subcontractors a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, modify, and use Your Data as necessary for us to provide, maintain, and improve the Services in accordance with these Terms, our Privacy Policy, and the BAA.
Feedback: If you provide us with any suggestions, comments, or other feedback relating to the Services ("Feedback"), you hereby grant Mind Therapy Works a worldwide, perpetual, irrevocable, royalty-free, fully paid-up license to use and incorporate such Feedback into our Services without any obligation or compensation to you.

8. Confidentiality and Privacy

Confidentiality: "Confidential Information" includes these Terms, Your Data, information about the Services not publicly known, and any other information exchanged between us that is designated as confidential or that reasonably should be understood to be confidential. We will both protect each other's Confidential Information from unauthorized use, access, or disclosure in the same manner as we each protect our own Confidential Information, but with no less than reasonable care.
Privacy and PHI: Our collection, use, and disclosure of personal information, including PHI, are governed by our Privacy Policy and the BAA. Please review these documents carefully.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

MIND THERAPY WORKS DOES NOT PROVIDE MEDICAL, LEGAL, OR FINANCIAL ADVICE. THE SERVICES ARE INTENDED AS A TOOL TO ASSIST MENTAL HEALTH PROFESSIONALS AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT, DIAGNOSIS, OR TREATMENT. YOU ARE SOLELY RESPONSIBLE FOR YOUR PROFESSIONAL DECISIONS AND ACTIONS AND FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND ETHICAL STANDARDS.

WHILE MIND THERAPY WORKS STRIVES TO MAINTAIN HIPAA COMPLIANCE AND PROVIDE TOOLS TO ASSIST YOU WITH YOUR COMPLIANCE OBLIGATIONS, YOU ARE ULTIMATELY RESPONSIBLE FOR YOUR OWN COMPLIANCE WITH HIPAA AND OTHER APPLICABLE LAWS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MIND THERAPY WORKS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE) ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF MIND THERAPY WORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MIND THERAPY WORKS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO MIND THERAPY WORKS FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless Mind Therapy Works, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

Your use of and access to the Services;
Your violation of any term of these Terms, the BAA, or our Privacy Policy;
Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
Any claim that Your Data caused damage to a third party; or
Your violation of any applicable laws, rules, or regulations, including HIPAA.

This indemnification obligation will survive these Terms and your use of the Services.

12. Term and Termination

Term: These Terms will remain in full force and effect while you use the Services.
Termination by You: You may terminate your account and these Terms at any time by following the account closure procedures within the Services or by contacting us.
Termination by Mind Therapy Works: We may suspend or terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. Reasons for termination may include, but are not limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Services, (d) unexpected technical or security issues or problems, or (e) extended periods of inactivity.
Effect of Termination: Upon termination, your right to use the Services will immediately cease. We will have no obligation to maintain or provide Your Data after termination, except as required by applicable law or as set forth in the BAA regarding PHI. Provisions that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of [Insert Your State of Incorporation/Operation, e.g., Delaware], without regard to its conflict of law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in [Insert City, State, e.g., City, State of Incorporation/Operation] before one arbitrator. The arbitration shall be administered by [e.g., JAMS or American Arbitration Association] pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

YOU AND MIND THERAPY WORKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. (CLASS ACTION WAIVER)

14. Changes to These Terms

Mind Therapy Works reserves the right, at its 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 Services 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 Services.

15. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and the BAA, constitute the entire agreement between you and Mind Therapy Works concerning your use of the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Mind Therapy Works.
Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Mind Therapy Works's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mind Therapy Works without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notices: We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Services.
Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.

16. Contact Information

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

Mind Therapy Works

921 Cranston Drive, Chesapeake, VA 23320

support@ehrcommunityhelpdesk.com

833-693-1972