Terms of Service

These Terms of Service (“Terms”) govern your use of TherapNote, a web-based AI documentation tool operated by Avail (“we,” “our,” or “us”). By creating an account or using TherapNote, you agree to these Terms in full. If you do not agree, do not use the service.

Questions about these Terms can be directed to hello@therapynote.com.

1. Description of Service

TherapNote is an AI-powered clinical documentation tool designed to help licensed therapists, counselors, and mental health professionals generate structured therapy session notes (including SOAP, DAP, BIRP, and Progress note formats) from verbal or written session summaries.

TherapNote is a productivity tool. It is not a medical device, clinical decision support system, electronic health record (EHR), or practice management platform. Generated notes are draft outputs intended to assist clinicians — they are not finalized clinical records until reviewed, edited, and approved by the licensed professional responsible for the client’s care.

2. Eligibility

You must be at least 18 years old to use TherapNote. By using the service, you represent that you are a licensed or registered mental health professional (or a supervised intern or trainee operating under appropriate supervision), and that your use of TherapNote complies with all applicable laws, licensing board rules, and professional ethical obligations in your jurisdiction.

3. Account Registration

You must provide a valid email address and create a password to use TherapNote. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us immediately at hello@therapynote.com if you believe your account has been compromised.

You may not share your account credentials with others, create multiple accounts to circumvent usage limits, or use another person’s account without authorization.

4. Subscription Plans and Billing

Billing is processed through Stripe. By subscribing to the Pro tier, you authorize us to charge your payment method on a recurring monthly basis until you cancel. You may cancel your subscription at any time from your account settings page. Cancellation takes effect at the end of the current billing period.

We reserve the right to change subscription pricing with 30 days advance notice to your registered email address.

5. No Refund Policy

All charges are final and non-refundable. We do not issue refunds or credits for partially used subscription periods, unused notes, or subscription periods following cancellation. If you cancel your subscription mid-month, you retain access to the service through the end of your paid billing period, but no refund will be issued for the remaining days.

If you believe you were charged in error, contact us at hello@therapynote.com within 30 days of the charge and we will investigate.

6. Clinical Responsibilities and Limitations

You acknowledge and agree that:

• TherapNote is a drafting tool, not a substitute for clinical judgment. All AI-generated notes are drafts that require professional review.
• You are solely responsible for reviewing, editing, and approving all notes before filing them in any clinical record, EHR, or insurance claim.
• TherapNote does not provide clinical diagnoses, treatment recommendations, or medical advice.
• AI-generated content may contain errors, omissions, or clinically inappropriate language. You must catch and correct these.
• TherapNote is not a HIPAA Business Associate. If you input protected health information (PHI) into TherapNote, you do so at your own discretion and professional responsibility.
• TherapNote is not a substitute for your professional judgment in matters of client safety, crisis intervention, or clinical decision-making.

7. Acceptable Use

You agree not to use TherapNote to:

• Generate documentation for clients you have not actually seen or treated
• Create fraudulent insurance claims or billing records
• Circumvent your professional or legal documentation obligations
• Attempt to access other users' accounts or data
• Reverse engineer, scrape, or extract data from the service
• Violate any applicable law, regulation, or professional standard

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

8. Intellectual Property

TherapNote and its underlying technology, software, and content are owned by Avail and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works based on TherapNote without our written permission.

You retain ownership of any content you provide to TherapNote. By using the service, you grant us a limited, non-exclusive license to process your content for the sole purpose of delivering the service to you. We do not use your content to train AI models.

9. Disclaimers and Limitation of Liability

TherapNote is provided “as is” and “as available” without warranties of any kind, express or implied. We do not warrant that the service will be uninterrupted, error-free, or that AI-generated content will be accurate or clinically appropriate.

To the maximum extent permitted by applicable law, Avail shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of TherapNote, including but not limited to:

• Errors or omissions in AI-generated clinical notes
• Insurance claim denials related to documentation
• Clinical outcomes or decisions based on AI-generated content
• Loss of data or business interruption
• Regulatory or licensing board actions related to your documentation

Our total liability to you for any claims arising from use of TherapNote shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Avail and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from your use of TherapNote, your violation of these Terms, or your violation of any applicable law or third-party right.

11. Termination

You may delete your account at any time from your account settings. We reserve the right to suspend or terminate your account for violation of these Terms, fraudulent activity, or any other reason at our discretion. Upon termination, your right to use the service ceases immediately.

12. Governing Law and Disputes

These Terms are governed by the laws of the United States. Any disputes arising from these Terms or your use of TherapNote shall be resolved through binding arbitration in accordance with the American Arbitration Association’s Consumer Arbitration Rules, except that either party may seek injunctive relief in a court of competent jurisdiction for intellectual property claims or urgent equitable relief.

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

13. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email and update the “Last updated” date above. Continued use of TherapNote after the effective date of any change constitutes acceptance of the updated Terms.

14. Contact

Questions about these Terms should be directed to: