Terms of Service

Welcome to TherapyTrack Pro. These Terms of Service ("Terms") govern your use of the TherapyTrack Pro mobile application and services (collectively, the "Service") operated by TherapyTrack Pro ("we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy.

1Agreement to Terms

By creating an account, downloading, accessing, or using TherapyTrack Pro, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Service.

Acceptance of Terms by Using the App

• Legal Agreement: These Terms constitute a legally binding agreement between healthcare providers and TherapyTrack Pro
• Professional License Requirement: Use limited to licensed healthcare professionals in good standing
• Compliance Acknowledgment: Users acknowledge understanding of HIPAA and healthcare regulatory requirements
• Clinical Responsibility: Users maintain full professional responsibility for patient care decisions

Agreement Between Healthcare Provider and TherapyTrack Pro

• Business Associate Relationship: TherapyTrack Pro serves as a Business Associate under HIPAA regulations
• Service Provider Role: We provide technology tools to support clinical practice, not clinical advice
• Professional Standards: Users agree to maintain professional healthcare standards
• Data Protection: Both parties commit to protecting Patient Health Information (PHI)

Updates and Modifications to Terms

• Notice Period: Minimum 30 days advance notice for material changes
• Healthcare Provider Notification: Direct notification to all licensed users
• Regulatory Changes: Immediate updates for healthcare compliance requirements
• Continued Use: Continued use indicates acceptance of updated terms

2Description of Service

TherapyTrack Pro provides a comprehensive healthcare practice management platform specifically designed for rehabilitation professionals including Physical Therapists, Occupational Therapists, and Speech-Language Pathologists.

Healthcare Practice Management Platform

• Clinical Documentation: AI-enhanced SOAP notes and treatment documentation tools
• Patient Management: Comprehensive patient record system with HIPAA compliance
• Scheduling System: Appointment management with route optimization for mobile therapy
• Billing Integration: Insurance claims processing and payment tracking
• Analytics Dashboard: Practice performance metrics and outcome tracking
• Photo Documentation: Secure clinical photography with timestamp capabilities

Clinical Documentation and Patient Management

• SOAP Note Templates: Customizable templates for PT, OT, and SLP documentation
• Progress Tracking: Longitudinal patient outcome measurement and reporting
• Treatment Planning: Goal setting and intervention planning tools
• Assessment Tools: Integrated assessment forms and outcome measures

Subscription-Based Service Model

• Free Tier: Basic functionality for up to 10 patients with essential features
• Pro Subscription: Unlimited patients with advanced AI and analytics features
• Monthly Plan: $29.99/month with full feature access
• Annual Plan: $299.99/year with 17% savings and priority support

Platform Availability and Supported Devices

• iOS Application: Available through Apple App Store for iPhone and iPad
• Cloud Synchronization: Seamless data sync across multiple devices
• Offline Functionality: Core features available without internet connection
• System Requirements: iOS 14.0 or later, compatible with iPhone, iPad, and iPod touch

3Eligibility and User Accounts

TherapyTrack Pro is exclusively available to licensed healthcare professionals who meet specific eligibility requirements and maintain active professional credentials.

Licensed Healthcare Professional Requirements

• Professional Licensing: Active license as Physical Therapist, Occupational Therapist, or Speech-Language Pathologist
• Good Standing: License must be in good standing with no disciplinary actions affecting practice
• Scope of Practice: Use limited to activities within professional scope of practice
• Continuing Education: Commitment to maintaining professional competency and education

Account Registration and Verification

• Professional Verification: Verification of professional credentials and licensing status
• Contact Information: Accurate professional contact information and practice details
• Identity Confirmation: Government-issued identification for account verification
• Practice Information: Details about practice setting, patient populations served

User Responsibilities and Account Security

• Password Security: Strong, unique passwords with regular updates
• Two-Factor Authentication: Enable and maintain two-factor authentication
• Account Monitoring: Regular monitoring for unauthorized access or suspicious activity
• Data Accuracy: Maintain accurate and current professional and patient information

Prohibition on Sharing Credentials

• Personal Use Only: Account access limited to licensed professional account holder
• No Delegation: Prohibition on sharing login credentials with staff or other providers
• Supervision Requirements: Clear protocols for supervised staff access to patient data
• Accountability: Account holder responsible for all activities under their credentials

4Subscription and Billing

TherapyTrack Pro offers flexible subscription options designed to meet the needs of healthcare professionals at different practice sizes and stages.

Free and Pro Subscription Tiers

• Free Plan Features: Up to 10 patients, basic SOAP notes, simple scheduling, route optimization
• Pro Plan Benefits: Unlimited patients, AI documentation, advanced analytics, cloud sync
• Feature Comparison: Detailed comparison available in-app and on our website
• Upgrade Path: Seamless upgrade process with data preservation

Pricing: $29.99/month or $299.99/year

• Monthly Subscription: $29.99 per month with monthly billing cycle
• Annual Subscription: $299.99 per year (equivalent to $24.99/month, 17% savings)
• Professional Pricing: Pricing structure designed for healthcare professional budgets
• No Hidden Fees: Transparent pricing with no setup or cancellation fees

Auto-Renewal and Cancellation Policies

• Automatic Renewal: Subscriptions automatically renew unless cancelled
• Cancellation Process: Cancel through Apple App Store account settings
• Grace Period: Continue access until end of current billing period after cancellation
• Data Retention: Data preserved for 90 days after subscription ends

Refund and Dispute Procedures

• App Store Refunds: Refund requests handled through Apple's refund policies
• Billing Disputes: Direct contact for billing-related issues and disputes
• Service Credits: Credits provided for documented service interruptions
• Professional Courtesy: Flexible policies for healthcare professionals facing hardship

Payment Method Requirements

• App Store Integration: Payments processed through Apple App Store
• Accepted Methods: Credit cards, debit cards, and Apple Pay
• International Currency: Pricing displayed in local currency based on App Store region
• Business Accounts: Support for practice-level subscriptions and expense tracking

5Acceptable Use Policy

TherapyTrack Pro is designed for professional healthcare use by licensed therapists. Users must comply with healthcare regulations and professional standards.

Professional Use for Licensed Healthcare Providers Only

• Licensed Provider Access: Platform restricted to licensed PT, OT, and SLP professionals
• Clinical Use: Use limited to legitimate patient care and practice management
• Professional Standards: Maintain professional ethics and clinical standards
• Scope Limitations: Use only within individual professional scope of practice

Prohibition on Unauthorized Access or Misuse

• Access Controls: No attempts to bypass security measures or access restrictions
• Data Integrity: No manipulation of patient data for fraudulent purposes
• System Abuse: No excessive usage that impacts system performance for other users
• Credential Sharing: Strict prohibition on sharing account access with unauthorized individuals

Compliance with Healthcare Laws and Regulations

• HIPAA Compliance: Full adherence to HIPAA privacy and security regulations
• State Regulations: Compliance with applicable state healthcare and therapy regulations
• Professional Board Requirements: Adherence to state licensing board regulations and standards
• Medicare/Medicaid Compliance: Compliance with federal healthcare program requirements

Data Accuracy and Completeness Requirements

• Clinical Documentation: Accurate, complete, and timely clinical documentation
• Patient Information: Verified patient demographic and contact information
• Professional Credentials: Current and accurate professional licensing information
• Billing Data: Accurate coding and billing information for insurance claims

6Intellectual Property

TherapyTrack Pro respects intellectual property rights and expects users to do the same. Clear ownership of platform technology and user-generated content is essential for professional practice.

TherapyTrack Pro Ownership of Platform and Content

• Software Platform: All software, AI algorithms, and platform technology owned by TherapyTrack Pro
• Clinical Templates: SOAP note templates and assessment forms are proprietary content
• AI Technology: Machine learning models and clinical decision support systems
• User Interface: Application design, workflows, and user experience elements

User-Generated Content Licensing

• Clinical Documentation: Healthcare providers retain ownership of patient records and clinical notes
• Professional Content: Users own their professional profiles and practice information
• Service License: Users grant TherapyTrack Pro license to process content for service delivery
• Data Portability: Full rights to export and transfer user-generated clinical content

Trademark and Copyright Protections

• TherapyTrack Pro Marks: Company name, logo, and branding are protected trademarks
• Third-Party Content: Respect for third-party copyrights and trademarks
• Professional Use: Limited use of trademarks for legitimate professional practice
• Marketing Materials: All promotional and educational content protected by copyright

DMCA Compliance Procedures

• Copyright Protection: Procedures for reporting copyright infringement
• Notice and Takedown: DMCA-compliant process for addressing copyright claims
• Counter-Notification: Process for users to contest takedown notices
• Repeat Infringer Policy: Account termination for repeated copyright violations

7Privacy and Data Protection

Data privacy and security are fundamental to healthcare practice. Our comprehensive privacy practices are detailed in our separate Privacy Policy and governed by HIPAA regulations.

Reference to Privacy Policy

• Comprehensive Privacy Policy: Detailed privacy practices outlined in separate Privacy Policy document
• HIPAA Integration: Privacy practices integrated with HIPAA compliance requirements
• Regular Updates: Privacy Policy updated to reflect regulatory changes and best practices
• User Education: Resources to help healthcare providers understand privacy protections

HIPAA Compliance Obligations

• Business Associate Role: TherapyTrack Pro serves as HIPAA Business Associate
• Safeguard Implementation: Administrative, physical, and technical safeguards for PHI
• Breach Notification: Procedures for reporting potential PHI breaches
• Audit Requirements: Support for HIPAA compliance audits and documentation

Data Security and Encryption Standards

• AES-256 Encryption: Military-grade encryption for all patient health information
• Transport Security: TLS 1.3 encryption for all data transmission
• Access Controls: Role-based access with multi-factor authentication
• Security Monitoring: 24/7 security monitoring and incident response

User Responsibilities for Patient Data Protection

• Device Security: Secure mobile devices used to access patient information
• Access Management: Appropriate access controls for practice staff and colleagues
• Physical Safeguards: Secure physical environments when accessing patient data
• Incident Reporting: Prompt reporting of suspected security incidents or breaches

8Limitation of Liability

While TherapyTrack Pro strives to provide reliable healthcare technology, certain limitations apply to protect both users and the service while maintaining professional healthcare standards.

Platform Availability and Performance Limitations

• Service Availability: We strive for 99.9% uptime but cannot guarantee uninterrupted service
• Maintenance Windows: Scheduled maintenance may temporarily interrupt service
• Third-Party Dependencies: Limitations due to third-party service outages or issues
• Performance Variables: Performance may vary based on device, network, and usage patterns

Exclusion of Consequential and Indirect Damages

• Direct Damages Only: Liability limited to direct damages caused by our negligence
• No Consequential Damages: Not liable for lost profits, business interruption, or indirect costs
• Practice Impact: Not responsible for impacts to clinical practice or patient care
• Data Loss Protection: Users responsible for maintaining independent backups of critical data

Maximum Liability Limitations

• Monetary Limits: Total liability limited to amount paid for service in preceding 12 months
• Professional Insurance: Healthcare providers encouraged to maintain professional liability insurance
• Risk Mitigation: Users responsible for implementing appropriate clinical risk management
• Service Credits: Primary remedy for service issues is account credits or refunds

9Indemnification

Healthcare professionals using TherapyTrack Pro agree to indemnify the service for claims arising from their professional practice and use of the platform.

User Agreement to Indemnify TherapyTrack Pro

• Professional Practice: Users indemnify for claims arising from their clinical practice
• Platform Misuse: Indemnification for damages caused by misuse of the platform
• Regulatory Violations: Users responsible for compliance with healthcare regulations
• Third-Party Claims: Defense against claims by patients or other third parties

Defense Against Third-Party Claims

• Legal Defense: Users provide defense for covered claims against TherapyTrack Pro
• Cooperation: Mutual cooperation in defense of legitimate claims
• Settlement Authority: Consent required for settlement of significant claims
• Cost Allocation: Clear allocation of legal costs and expenses

Professional Liability and Malpractice Exclusions

• Clinical Decisions: TherapyTrack Pro not responsible for clinical judgment or outcomes
• Professional Malpractice: Professional liability insurance required for clinical practice
• Standard of Care: Users responsible for meeting professional standards of care
• Patient Safety: Primary responsibility for patient safety remains with healthcare provider

10Professional Responsibilities

Healthcare professionals using TherapyTrack Pro maintain full professional responsibility for patient care and must comply with all applicable professional standards and regulations.

User Maintains Professional Licenses and Certifications

• Current Licensing: Maintain active, unrestricted professional licenses
• Continuing Education: Complete required continuing education for license maintenance
• Specialty Certifications: Maintain relevant board certifications and specializations
• Professional Development: Stay current with evolving professional standards and practices

Compliance with Medical Ethics and Standards

• Professional Ethics: Adhere to professional codes of ethics and conduct
• Patient Rights: Respect patient autonomy, privacy, and informed consent
• Cultural Competency: Provide culturally sensitive and appropriate care
• Conflict of Interest: Manage conflicts of interest appropriately

Independent Professional Judgment Required

• Clinical Decision-Making: Exercise independent professional judgment in all clinical decisions
• AI Assistance: Use AI suggestions as tools to support, not replace, clinical reasoning
• Patient Assessment: Conduct thorough patient evaluations before treatment decisions
• Treatment Planning: Develop individualized treatment plans based on professional assessment

Platform as Tool, Not Replacement for Clinical Expertise

• Technology Role: TherapyTrack Pro serves as administrative and documentation support tool
• Clinical Expertise: Professional knowledge and experience remain primary factors in care
• Patient Interaction: Maintain direct therapeutic relationships with patients
• Quality Assurance: Implement professional quality assurance and improvement processes

11Data Portability and Termination

Healthcare providers have comprehensive rights to their patient data and practice information, with clear procedures for data export and account termination.

Right to Export Patient Data

• Complete Data Export: Export all patient records, SOAP notes, and clinical documentation
• Standard Formats: Data available in industry-standard formats (HL7 FHIR, PDF, CSV)
• Photo Documentation: Export clinical photographs with metadata and timestamps
• Practice Analytics: Export practice performance data and analytics reports

Account Termination Procedures

• User-Initiated Termination: Healthcare providers can terminate accounts at any time
• Service-Initiated Termination: Termination for terms violations or professional misconduct
• Graceful Shutdown: Orderly process for practice transition and patient care continuity
• Final Billing: Settlement of all outstanding billing obligations

Data Retention After Termination

• Grace Period: 90-day grace period for data export after account termination
• Healthcare Records: Retention according to state healthcare record retention requirements
• Secure Deletion: NIST-compliant data destruction after retention period
• Legal Holds: Data preservation for legal proceedings when required

Transition Assistance for Departing Users

• Migration Support: Technical assistance for data migration to other systems
• Format Conversion: Data format conversion services for compatibility
• Documentation: Comprehensive documentation of exported data structure
• Professional Courtesy: Extended support for healthcare professionals in transition

12Dispute Resolution

Disputes between healthcare professionals and TherapyTrack Pro will be resolved through established procedures designed to maintain professional relationships.

Arbitration Procedures and Requirements

• Binding Arbitration: Disputes resolved through binding arbitration process
• Healthcare Arbitrators: Arbitrators with healthcare industry experience preferred
• Professional Standards: Arbitration conducted according to professional standards
• Expedited Process: Streamlined process for urgent healthcare-related disputes

Governing Law and Jurisdiction

• State Law: Terms governed by laws of state where TherapyTrack Pro is incorporated
• Federal Healthcare Law: HIPAA and federal healthcare regulations take precedence
• Professional Regulation: State professional licensing laws applicable to disputes
• Venue: Disputes resolved in agreed-upon jurisdiction

Class Action Waiver

• Individual Disputes: Disputes resolved on individual basis, not as class actions
• Professional Context: Recognition of individual professional practice contexts
• Efficiency: Individual resolution promotes faster dispute resolution
• Confidentiality: Individual proceedings maintain professional confidentiality

Informal Resolution Requirements

• Good Faith Negotiation: Attempt informal resolution before formal proceedings
• Professional Mediation: Healthcare-focused mediation services available
• Time Limits: Reasonable time limits for informal resolution attempts
• Documentation: Record of good faith efforts for formal proceedings

13Regulatory Compliance

TherapyTrack Pro supports healthcare professionals in maintaining compliance with applicable healthcare regulations and professional standards.

Healthcare Regulation Compliance Requirements

• HIPAA Compliance: Full adherence to Health Insurance Portability and Accountability Act
• State Health Laws: Compliance with applicable state healthcare and professional regulations
• Medicare/Medicaid: Support for federal healthcare program compliance requirements
• Quality Reporting: Tools to support quality measure reporting and compliance

State Licensing and Practice Requirements

• Professional Licensing: Support for maintaining professional license requirements
• Scope of Practice: Tools designed to support appropriate scope of practice
• Documentation Standards: Templates and tools that meet professional documentation standards
• Continuing Education: Resources to support ongoing professional development

FDA and Other Regulatory Considerations

• Medical Device Regulations: Compliance with applicable FDA medical device regulations
• Software Classification: Appropriate classification of healthcare software tools
• Quality Systems: Implementation of appropriate quality management systems
• Post-Market Surveillance: Monitoring and reporting of device performance and safety

Audit and Inspection Cooperation

• Regulatory Audits: Cooperation with healthcare regulatory audits and inspections
• Documentation Support: Provision of necessary documentation for compliance reviews
• Corrective Actions: Implementation of required corrective actions from audits
• Continuous Improvement: Ongoing improvement of compliance practices and procedures

14Service Modifications

TherapyTrack Pro may modify or enhance services to improve functionality, maintain compliance, and serve evolving healthcare needs.

Right to Modify or Discontinue Features

• Service Evolution: Continuous improvement and feature enhancement based on user needs
• Compliance Updates: Modifications to maintain regulatory compliance
• Technology Updates: Platform updates for security, performance, and reliability
• Feature Retirement: Phased retirement of obsolete or redundant features

Notification Procedures for Changes

• Advance Notice: Minimum 30 days notice for significant feature changes
• In-App Notifications: Prominent notifications within the application
• Email Communications: Direct email notification to all healthcare provider accounts
• Training Resources: Educational materials and training for new features

Migration Assistance for Service Changes

• Data Migration: Automated migration of data to new system versions
• Workflow Transition: Support for adapting to new workflows and features
• Training Support: Comprehensive training for significant system changes
• Technical Assistance: Dedicated support during transition periods

15Third-Party Services

TherapyTrack Pro integrates with various third-party services to provide comprehensive practice management functionality while maintaining HIPAA compliance.

Integration with Third-Party Healthcare Services

• EHR Systems: Integration with Electronic Health Record systems where available
• Billing Services: Connection with healthcare billing and claims processing services
• Insurance Networks: Integration with insurance verification and authorization systems
• Laboratory Services: Connections with diagnostic and laboratory service providers

External Service Provider Responsibilities

• HIPAA Compliance: All third-party providers must maintain HIPAA compliance
• Business Associates: Formal Business Associate Agreements with all PHI-handling vendors
• Security Standards: Third parties must meet equivalent security and privacy standards
• Service Reliability: External providers responsible for their service availability and performance

Data Sharing with Integrated Services

• User Authorization: Explicit user authorization required for data sharing
• Minimum Necessary: Share only minimum necessary information for service function
• Audit Trails: Complete logging of all data sharing activities
• Revocable Access: Users can revoke third-party access at any time

16Force Majeure

Neither party will be liable for delays or failures in performance resulting from circumstances beyond their reasonable control.

Excused Performance During Emergencies

• Natural Disasters: Service interruptions due to natural disasters and emergencies
• Public Health Emergencies: Service modifications during public health crises
• Infrastructure Failures: Major internet or telecommunications infrastructure failures
• Government Actions: Service limitations due to government orders or regulations

Service Disruption Procedures

• Emergency Response: Activation of emergency response procedures during crises
• Service Prioritization: Priority given to critical healthcare functions during disruptions
• Alternative Access: Alternative access methods when primary systems unavailable
• Recovery Planning: Comprehensive disaster recovery and business continuity planning

Communication During Outages

• Status Updates: Regular communication about service status and restoration efforts
• Multiple Channels: Communication through multiple channels including email, website, social media
• Healthcare Priority: Priority communication for healthcare providers during emergencies
• Recovery Timeline: Realistic estimates of service restoration timeframes

17Miscellaneous

Additional terms that govern the professional relationship between healthcare providers and TherapyTrack Pro.

Entire Agreement Clause

• Complete Agreement: These Terms and Privacy Policy constitute the complete agreement
• Supersedes Previous: Supersedes all previous agreements and understandings
• Integration: All terms integrated into this single document
• No Oral Modifications: Modifications must be in writing and agreed upon by both parties

Severability Provisions

• Invalid Clauses: Invalid provisions do not affect validity of remaining terms
• Replacement Terms: Invalid terms replaced with similar enforceable provisions
• Professional Context: Interpretation maintains professional healthcare context
• Regulatory Compliance: Terms interpreted to maintain regulatory compliance

Assignment Restrictions

• Personal Service: Professional accounts non-transferable due to licensing requirements
• Practice Changes: Procedures for account transitions during practice changes
• Corporate Changes: TherapyTrack Pro may assign rights in business transactions
• Patient Data Protection: Patient data protections maintained during any assignments

Electronic Signature Validity

• Legal Validity: Electronic acceptance constitutes valid signature
• Professional Standards: Meets professional standards for electronic signatures
• Authentication: Account-based authentication provides signature verification
• Record Retention: Electronic signature records maintained for audit purposes

These Terms of Service are effective as of January 20, 2025, and apply to all use of the TherapyTrack Pro service. Healthcare professionals and patient care are our highest priorities, and these Terms are designed to ensure a professional, compliant, and effective practice management experience.