Terms of Service

Last updated: [date]

These Terms are an agreement between you and Workbox Software LLC, a New York limited liability company doing business as SessionBooks ("SessionBooks", "we", "us"). They cover your use of SessionBooks, the scheduling and billing service at [domain]. By creating an account or using the service, you agree to them. If you use SessionBooks for a practice, you agree on behalf of that practice. Where these Terms disclaim or limit liability, they protect our officers, employees and affiliates as well.

1. Who can use SessionBooks

SessionBooks is for independent professionals and practices in the United States who see clients by the session: therapists, counselors and other health, wellness, coaching and education practitioners. You must be at least 18 and able to enter a binding contract. You are responsible for holding any license or certification your work requires.

2. What the service does

SessionBooks helps you schedule sessions, set fees, track what clients owe and pay, send statements and superbills, and take payments online through Stripe. It is a billing and scheduling tool. It is not an electronic health record and is not meant to hold clinical or progress notes. It does not file insurance claims.

3. Your account

You sign in with a code emailed to you or with a passkey on a device you have verified. Keep your email account and devices secure: anyone who controls them can sign in as you and reach your records. Tell us promptly at [support email] if you think someone else has accessed your account. If you lose access to your email, you can sign in once with your emergency sign-in sheet, if you made one. Otherwise we will move your account to a new email only after we verify your identity, and only after a waiting period of at least 72 hours, during which we notify your current email. We may refuse a request we can't verify. You are responsible for activity under your account. We aren't responsible for losses caused by someone using your email account, device or passkey without your permission, unless our own failure to protect the service caused it.

4. Free trial, subscription and billing

• New practices get a 30-day free trial. No payment is taken during the trial.
• After the trial, SessionBooks costs [price] per [month], billed in advance through Stripe. Prices exclude any taxes that apply.
• Your subscription renews automatically until you cancel. You can cancel anytime from the Subscription page; cancellation takes effect [immediately / at the end of the current billing period].
• If a payment fails or your trial ends without a subscription, you lose access to the app until you subscribe. We don't give refunds for partial periods unless the law requires it.
• We may change prices with at least 30 days' notice by email. The new price applies from your next billing period after the notice.

5. Taking payments from your clients

To take card or bank payments from clients, you connect your own Stripe account. Those payments go directly to your Stripe account under Stripe's terms, and Stripe's fees are yours. SessionBooks never holds your clients' money and never sees full card numbers. You are responsible for refunds, disputes and chargebacks with your clients.

Automatic charges. If you turn on automatic charges, SessionBooks charges your client's saved card for the balance your records show, on the schedule you choose. You are responsible for the fees and sessions you record, for having your client's authorization before their card is charged, and for any refund or dispute. If a software error causes a wrong charge, our responsibility is to correct the error and help you find the charges it affected; refunds are made from your Stripe account, and Section 15 limits our liability.

6. Health information and the Business Associate Agreement

If HIPAA applies to your practice, you are the covered entity (or its provider) and SessionBooks handles your clients' information as your business associate. Our Business Associate Agreement (BAA), available at [BAA link], forms part of these Terms and governs that information; if anything in these Terms conflicts with the BAA about client health information, the BAA controls. If HIPAA doesn't apply to you, we still protect your clients' information as these Terms and our Privacy Policy describe.

7. Your data

• You own the information you and your clients put into SessionBooks.
• You give us permission to store, process and send it only as needed to run the service for you, as described in our Privacy Policy.
• We don't sell your data or your clients' data, and we don't use client data to train AI models.
• You can download all of it at any time, as spreadsheet (CSV) files, from Settings → General or the Subscription page, including after your subscription ends.
• You are responsible for having the right to give us the information you enter, and for keeping your own records for as long as the law requires.
• Keep your own copies. Download the documents you need to keep regularly. We back up data, but if data is lost or damaged, our only obligation is to make reasonable efforts to restore it from our most recent backup.

8. Your responsibilities

You are responsible for how you use SessionBooks in your practice, including:

• the fees you set, what you charge, and what you tell clients about their costs, including any Good Faith Estimate the No Surprises Act requires of you;
• checking statements, superbills and charges before you send or allow them, including the codes, diagnoses and amounts on them;
• the email addresses you send documents to;
• your own compliance with HIPAA, state privacy and licensing rules, and consumer payment laws.

9. Acceptable use

Don't use SessionBooks to break the law, to send messages that are not about your practice, to upload malicious code, or to try to get into accounts or data that aren't yours. Don't probe, scan or load-test the service without our written permission, and don't resell it. We may suspend an account that does any of this.

10. Our software and your feedback

We own SessionBooks: its software, design and content, other than your data. While your subscription is active, these Terms give you a limited, non-exclusive, non-transferable right to use it for your practice. Don't copy, modify, reverse engineer or resell it, or use it to build a competing product. If you send us suggestions or feedback, we may use them freely, without any obligation to you.

11. Services run by others

SessionBooks relies on services run by others, including Stripe for payments and the providers listed in our Privacy Policy for hosting, data storage, email and error monitoring. Your use of Stripe is also governed by Stripe's terms. We aren't responsible for the acts, failures or outages of services we don't control, including your email provider, your clients' banks and card networks, and the calendar apps that read your calendar feed.

12. Changes to the service

We improve SessionBooks often, which may mean adding, changing or removing features. We'll give you reasonable notice before removing a feature you rely on, where we can.

13. Availability and email

We work to keep SessionBooks available, but we don't promise it will be uninterrupted or error-free, and we don't offer a guaranteed uptime. Planned maintenance and outages at our providers can make it unavailable for a time. Email can be delayed, filtered as spam or refused by the recipient's provider, so we don't guarantee that any email, including a statement, notice or sign-in code, is delivered.

14. Disclaimers

SessionBooks is provided "as is" and "as available". To the extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and that SessionBooks will meet your needs or that its results will be accurate or error-free. SessionBooks does not give legal, tax, billing-compliance or clinical advice.

15. Limitation of liability

To the extent the law allows:

• neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if told they were possible; and
• our total liability for all claims about SessionBooks is limited to the amount you paid us in the [12] months before the event that gave rise to the claim.

These limits apply whatever the legal theory, whether contract, tort (including negligence) or anything else. They don't limit your payment obligations or your obligations under Section 16. [Lawyer: whether breaches of the BAA get a separate, higher cap.]

16. Indemnification

You will defend and indemnify Workbox Software LLC and its officers, employees and affiliates against third-party claims, and the losses, damages, fines and reasonable legal fees that result, arising from:

• your practice and your relationship with your clients, including disputes about fees, charges, refunds, statements, superbills and Good Faith Estimates;
• information you or your clients enter into SessionBooks, and where you send it;
• payments you take or authorize, including automatic charges;
• your breach of these Terms, the BAA or the law, including HIPAA.

We'll tell you promptly about a claim, let you control its defense, and cooperate at your expense. You may not settle a claim in a way that admits fault for us or binds us without our written consent.

17. Ending the agreement

You can stop using SessionBooks and cancel at any time. We may suspend or end your account if you materially breach these Terms and don't fix it within 10 days of notice, or immediately for non-payment or if needed to protect the service, other users or clients' information. When the agreement ends, we will return or destroy client information as the BAA requires. [Describe the export window and deletion timing once decided.] Sections 7, 10, 14, 15, 16 and 18 continue after the agreement ends.

18. General

• Changes to these Terms. We may update these Terms. For material changes we'll email you at least 30 days before they take effect. Continuing to use SessionBooks after that means you accept them.
• Governing law and courts. These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law rules. Disputes go exclusively to the state or federal courts in New York County, New York, and both parties consent to their jurisdiction. [Lawyer: arbitration with a class-action waiver instead, or mediation first.]
• Time limit on claims. Where the law allows, any claim about SessionBooks must be brought within one year after it arises, or it is permanently barred.
• Events beyond control. Neither party is liable for delay or failure caused by events beyond its reasonable control, such as outages at our providers, internet failures, natural disasters, war or government action. This doesn't excuse payments owed.
• Severability. If part of these Terms can't be enforced, it is changed only as much as needed to make it enforceable, and the rest stays in effect.
• No waiver. Not enforcing a right right away doesn't give it up.
• Entire agreement. These Terms, the BAA and the Privacy Policy are the whole agreement between us about SessionBooks, and replace any earlier ones.
• Assignment. You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets, with notice to you.
• Notices. We send notices to your account email. Send notices to us at [support email] or Workbox Software LLC, [mailing address].
• Contact. Questions about these Terms: [support email].