Terms of Service

Please read these Terms carefully. They limit our liability, describe what we do and do not promise, and set out what your practice is responsible for. If you do not agree, do not register for or use the Services.

1. Who we are and what these Terms cover

TherapyCRM is a practice-management platform for therapy practices, operated by DataInn ("DataInn", "TherapyCRM", "we", "us"). These Terms of Service ("Terms") form a binding agreement between DataInn and the practice that registers for the service (the "Customer", "you"). They govern the web application, the parent portal, the attendance app, the AI assistant, and any related support (together, the "Services").

The Privacy Policy is incorporated into these Terms by reference. Where these Terms and the Privacy Policy address the same subject, the Privacy Policy governs how personal information is handled and these Terms govern everything else.

The person who registers a practice represents that they are authorised to bind that practice. Staff members who are invited into a practice use the Services under the practice's agreement and are bound by the sections addressed to users.

2. Where the Services are offered

The Services are offered to practices located in Canada, outside the Province of Quebec. By registering, you represent that your practice is established and operates in a Canadian province or territory other than Quebec.

We do not currently offer, support, or make any representation about the suitability of the Services for practices located in Quebec, because Quebec-specific privacy and language requirements are not addressed by the Services. We likewise make no representation that the Services are appropriate or lawful for use in the United States or any other country. You are responsible for determining whether the Services are suitable for your jurisdiction before using them.

3. Acceptance and changes

You accept these Terms by checking the acceptance box during registration, and again in the application whenever a new version is published. We record the version accepted, who accepted it, and when.

We reserve the right to change these Terms at any time. Changes that are not material (for example clarifications, contact details, or changes required by law) take effect when published, without further notice. Material changes are published with a new version date, and practice owners are asked to accept the new version in the application before continuing to use the Services; continued use after acceptance means the new version applies. If you do not accept a new version, your remedy is to stop using the Services and cancel under the Term, suspension, and termination section.

We also reserve the right to change the Services themselves at any time — to add, modify, limit, or retire features, plans, integrations, and service providers — without notice, except that where a change removes functionality you rely on we will give reasonable notice and, where practical, a migration path.

4. Roles and responsibilities for client information

Your practice is the custodian (or, outside Ontario, the organisation accountable) for the personal and health information it collects about its clients and their families. TherapyCRM stores and processes that information only on your instructions, as your service provider or agent, and does not determine the purposes for which it is collected.

You remain responsible for:

• obtaining and documenting every consent required to collect, use, and disclose client information, including consent from a parent or legal guardian where the client is a minor, and for confirming guardian authority before granting portal access;
• the accuracy, lawfulness, and clinical appropriateness of the information you and your staff enter;
• deciding who in your practice may access which records, and keeping those access rights current;
• your own obligations to notify clients, regulators, or colleges of privacy incidents, and your retention and disposal schedules;
• express consent and sender identification for every email or text message the Services send on your behalf, in accordance with Canada's anti-spam legislation.

We will not access your client information except as needed to operate, secure, support, or improve the Services, to comply with law, or as you instruct.

5. Accounts and acceptable use

• Provide accurate registration information and keep it current.
• Keep credentials confidential, use the multi-factor authentication the Services provide, and tell us promptly about any suspected unauthorised access.
• Do not share a user account between people; each staff member must have their own.
• Use the Services only for legitimate practice operations and in compliance with applicable law, professional standards, and college requirements.
• Do not attempt to probe, reverse engineer, or circumvent the Services' security, interfere with other customers, or upload malicious content.

We may suspend an account or practice that we reasonably believe is violating these Terms or creating a security risk, and will tell you why unless the law prevents it.

6. Professional judgement; no medical, legal, or funding advice

The Services support practice administration and clinical documentation. They do not make clinical, diagnostic, billing, or funding decisions, and nothing they produce — including schedules, templates, reports, suggested text, or AI-assisted output — is medical, legal, insurance, or funding advice. Qualified professionals in your practice remain solely responsible for every clinical and billing decision and for reviewing any document before it is relied upon or submitted.

7. AI-assisted features

Some features use third-party artificial-intelligence models to draft, summarise, extract, or answer questions. When they do:

• identifying details are removed or replaced with placeholders before any text is sent to a model provider;
• only model providers hosted in North America are used, under terms that prohibit them from using your content to train their models;
• output is assistive only, may be inaccurate or incomplete, and must be reviewed by a qualified person before it is relied on;
• a practice owner can turn AI features off for the whole practice at any time in Practice Settings.

You are responsible for confirming that using AI-assisted features is appropriate under your consents and professional obligations before enabling them for client information.

8. Subscriptions, trials, and payment

• Subscriptions are billed in advance, monthly or annually as selected at checkout, through our payment processor. Applicable taxes are added.
• Any free-trial length and any grace period after a failed payment are shown at checkout and in your account; they may change for new subscriptions with notice.
• If payment fails and is not resolved within the grace period, access is suspended until payment is received.
• We reserve the right to change our plans and prices at any time. New prices apply immediately to new subscriptions and to plan changes you request. For an existing subscription, a price change takes effect at your next renewal after we have notified you by email or in the application at least 30 days beforehand; you may cancel before the renewal if you do not accept the new price.
• Taxes, currency conversion, and payment-processor charges may change without notice as they are outside our control.
• You may cancel at any time; cancellation takes effect at the end of the current billing period. Fees already paid are not refunded for partial periods except as stated in the Liability section or required by law.

9. Your data: ownership, location, export, and deletion

• You own the information you and your clients place in the Services. You grant us only the licence needed to host, process, back up, and display it to operate the Services for you.
• Client information is stored in North America. The application itself is operated from servers in Europe, which process information in transit to deliver the Services. Our service providers are contractually bound to safeguard information to a standard comparable to our own.
• We reserve the right to change, add, or replace our hosting providers, data centres, and other service providers at any time, and to move information between facilities and providers, without notice, provided the safeguards described in these Terms are maintained and client information continues to be stored in North America. If we decide to store client information outside North America, we will update the Privacy Policy and give you at least 30 days' notice, and you may cancel before the change takes effect.
• After your subscription ends, you can continue to sign in, view, and export your practice's data in read-only mode for 30 days. After that window the data is scheduled for deletion from active systems, and is removed from backups as they cycle out in the normal course.
• On request during the export window we will provide reasonable assistance with exporting your data.

10. Security and shared responsibility

We maintain technical and organisational safeguards designed for regulated health information, including multi-factor authentication, role-based access control, tenant isolation, automatic session time-outs, audit logging of access to and changes in client records, encryption in transit, encryption at rest provided by our hosting providers, and private storage for clinical documents.

Security is shared. We are responsible for the safeguards built into the Services and our infrastructure; you are responsible for your devices, your network, your staff's credentials and training, the access rights you grant, and the configuration choices you make. No system is perfectly secure, and we do not guarantee that the Services will be free of vulnerabilities.

If we confirm a privacy incident affecting your client information, we will notify your designated contact without undue delay and no later than the time required of us by law, share what we know, and cooperate with your own notification obligations.

11. Compliance posture

The Services are designed to support practices subject to Canada's federal private-sector privacy law and provincial health-privacy statutes, including where TherapyCRM acts as an agent or service provider of a health-information custodian. Where helpful we also design to safeguards commonly expected under health-privacy frameworks in other countries.

We do not hold a privacy or security certification and do not claim one. We are pursuing an independent security attestation and will state it here only once it has been issued. Compliance ultimately depends on your practice's own policies, consents, configuration, and training; the Services are a tool that supports it, not a substitute for it.

12. Availability and support

• We aim for high availability but do not guarantee uninterrupted service. Planned maintenance is announced where practical; urgent security maintenance may occur without notice.
• Support is provided by email during business hours in Eastern Time on Canadian business days.
• We may add, change, or retire features. Where a change removes functionality you rely on, we will give reasonable notice and, where practical, a migration path.

13. Intellectual property, restrictions, and confidentiality

DataInn owns the Services and everything that makes them up: the software, designs, user interfaces, workflows, screens, database structures, documentation, and the TherapyCRM Content — the clinical plan template families, goal and intervention libraries, assessment and document templates, report formats, prompts, and similar materials we supply (together, "TherapyCRM Property"). You receive a non-exclusive, non-transferable, revocable licence to use the Services, including TherapyCRM Content, only for your practice's own operations during your subscription.

Your records remain yours, and you may export them at any time. Where TherapyCRM Content is embedded in a record you export (for example a template layout or a library goal definition), you may keep that record for your practice's own clinical, legal, and continuity purposes, but the TherapyCRM Content itself is not transferred to you and may not be extracted, compiled, or reused to build or seed another product or service.

Except as the law expressly permits, you and your staff will not, and will not allow anyone to:

• copy, modify, translate, or create derivative works of the Services or TherapyCRM Property, or use them as a reference, blueprint, or specification to design, develop, or improve a product or service that competes with or substitutes for the Services;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, data models, algorithms, or prompts from the Services;
• scrape, crawl, or use automated tools to extract data or content from the Services other than through the export features we provide;
• access or use the Services on behalf of, or make them available to, a competitor of DataInn, or access them in order to monitor their availability, performance, or functionality for competitive purposes;
• publish or share benchmark or comparative test results about the Services without our written consent;
• resell, sublicense, rent, lease, time-share, or provide the Services as a service bureau to third parties;
• remove or alter proprietary notices, or use our name, logos, or trade marks without permission.

Non-public information about the Services — unreleased features, roadmap, security details, pricing offered to you, and the structure of TherapyCRM Content — is our confidential information. You will keep it confidential, use it only to use the Services, and return or destroy it on request, except where disclosure is required by law. These obligations continue for five years after your subscription ends, and indefinitely for source code and security details.

Because a breach of this section could cause harm that money cannot remedy, we may seek an injunction or other equitable relief in addition to any other remedy. Feedback you give us may be used without obligation to you. Nothing in this section limits your right to use your own records, to engage another vendor, or to build software that does not use TherapyCRM Property.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• DATAINN'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, IS LIMITED TO THE SUBSCRIPTION FEES YOU PAID TO DATAINN FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM.
• WHERE THE SERVICES FAIL TO PERFORM MATERIALLY AS DESCRIBED AND WE CANNOT REMEDY THE FAILURE WITHIN A REASONABLE TIME, YOUR SOLE AND EXCLUSIVE REMEDY IS A REFUND OF THE FEES PAID FOR THE AFFECTED PERIOD, UP TO THE CAP ABOVE.
• DATAINN IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, OR LOSS OF DATA THAT WAS AVAILABLE FOR EXPORT, EVEN IF ADVISED OF THE POSSIBILITY.
• DATAINN IS NOT LIABLE FOR CLINICAL, BILLING, OR FUNDING OUTCOMES, FOR REGULATORY FINES OR PROFESSIONAL SANCTIONS ARISING FROM YOUR PRACTICE'S OWN ACTS, OMISSIONS, CONSENTS, OR CONFIGURATION, OR FOR EVENTS BEYOND OUR REASONABLE CONTROL.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including for fraud or wilful misconduct. Some provinces do not allow certain exclusions; in those provinces the exclusions apply to the fullest extent permitted.

15. Indemnification

You will defend and indemnify DataInn against third-party claims, and the resulting damages and reasonable costs, to the extent arising from client information you place in the Services, consents you failed to obtain, communications you sent through the Services, your violation of these Terms, or your violation of law or professional obligations.

DataInn will defend and indemnify you against third-party claims, and the resulting damages and reasonable costs, to the extent alleging that the Services as provided by us infringe a Canadian intellectual-property right, subject to the Limitation of liability section. Each party must notify the other promptly and allow it to control the defence.

16. Term, suspension, and termination

• These Terms apply from registration until your practice's subscription ends and the export window has closed.
• You may terminate by cancelling your subscription. Fees already due remain payable.
• We may suspend or terminate for material breach that is not cured within 15 days of notice, for non-payment after the grace period, or immediately where required for security or by law.
• Sections on data ownership, intellectual property and restrictions, confidentiality, limitation of liability, indemnification, governing law, and any other provision that by its nature should survive, survive termination.

17. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules. The parties will first try in good faith to resolve any dispute through their designated contacts for 30 days. Disputes not resolved that way are subject to the exclusive jurisdiction of the courts of Ontario, sitting in Toronto, and each party attorns to that jurisdiction. Either party may seek interim injunctive relief in any competent court to protect confidential information or intellectual property.

18. General

• The parties have expressly agreed that these Terms and all related documents be drawn up in English.
• These Terms, the Privacy Policy, and any order or checkout confirmation are the entire agreement and replace earlier discussions.
• If any provision is unenforceable, the rest remain in effect and the provision is enforced to the extent permitted.
• You may not assign these Terms without our consent, except to a successor of your practice with notice to us. We may assign them to an affiliate or a successor to the business.
• Neither party is liable for delay or failure caused by events beyond its reasonable control, other than payment obligations.
• Notices to us go to the legal contact below; notices to you go to the practice owner's email on file.

19. Contact

• Legal notices: legal@therapycrm.io
• Support: support@therapycrm.io
• Privacy Officer: privacy@therapycrm.io
• DataInn, Ontario, Canada