1. Agreement to Terms

1.1 Introduction: Welcome to the Terms of Service of Therasee. We are glad you are here. By using our services, you are agreeing to our Terms of Service ("Terms"), which form a legally binding contract between you (the "Account Owner") and Therasee LTD ("we", "us", or "our"), a company registered in England with company registration number 14298758, whose registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ. If you are allowing others to use our services as part of your account (referred to as "Team Members" or "users"), they are also bound by these Terms. Please read these carefully.

1.2 Acceptance and Team Members:

(a) To use our services, you must accept these Terms. If you don't, neither you nor any associated team members or users can access our platform.

(b) If you are aware of a team member or user violating these Terms, you must immediately revoke their access. If a team member or user loses necessary credentials or is no longer associated with your organisation, you are also responsible for revoking their access without delay.

1.3 Changes to Terms: We may update these Terms at any time, which will take immediate effect once posted on our website. If you continue to use our services after these changes, you are agreeing to the revised Terms.

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2. Account Creation

2.1 Registration Required: To access our services, we require you to create an account.

2.2 Account Information: During registration, we collect certain details from you ("Registration Data") to set up your account.

2.3 Accuracy of Information: You commit to providing accurate and up-to-date information during registration and maintaining its accuracy.

2.4 Personal Information: The Registration Data may include personal details for you and your team members. We treat this information in line with our Privacy Policy.

2.5 Account Ownership: You will be designated as the Account Owner and assigned an Account Name. Both you and each user will choose a username and password under this Account Name.

2.6 Password Security: You and all users under your account must keep passwords secure and confidential. Sharing login credentials is prohibited and may lead to account suspension or additional charges at our discretion.

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3. Account Usage

3.1 Your Responsibility: You are responsible for all activities under your account, including those of users.

3.2 Lawful Use: You and all users must abide by relevant laws and Therasee's policies when using our services.

3.3 Unauthorised Use: Notify us immediately if you suspect any unauthorised use of your account.

3.4 Breach of Terms: Any breach of these Terms or our policies by you or users can lead to immediate account suspension or termination, with no refunds or compensation.

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4. Fees and Billing

4.1 Service Fees: Therasee provides its services at set rates outlined on our website ("Subscription Fees").

4.2 Payment of Fees: You are responsible for paying all applicable Subscription Fees for your and your users' use of our services.

4.3 Taxes and Charges: All listed prices exclude applicable taxes and government charges, which you must also pay in addition to the Subscription Fees.

4.4 Changes to Services and Fees: We may introduce new services with additional fees or modify existing service fees. Any changes to existing service fees will be communicated to you with a 30 days' notice, allowing you the option to continue or terminate your use of our services.

4.5 Nonpayment: We reserve the right to suspend or terminate your service if you fail to make payments.

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5. Payment Processing and Billing Services

5.1 Stripe Services: To process payments through our service, you must accept the terms of the Stripe Connected Account Agreement, which will be provided during account setup and accessible through our service. Transactions will not be processed until you accept these terms.

5.2 Stripe Terms:

(a) Therasee may handle certain Stripe Payment Processing Services operations, such as managing transaction information and handling disputes.

(b) There may be fees associated with using Stripe's services.

(c) You agree to adhere to the terms set out in the Stripe Connected Account Agreement.

(d) Stripe may suspend or terminate its services according to their agreement.

(e) Therasee is authorised to interact with Stripe to facilitate the use of Stripe's services with our platform.

(f) If legally required, Therasee or Stripe may send you tax documents electronically, and by using our services, you consent to this method of delivery.

5.3 Trademark Notice: "Stripe" is a trademark of Stripe, Inc.

5.4 User Payments Through Stripe:

(a) Funds may be held for verification purposes before becoming available to you.

(b) You authorise recovery of funds due to chargebacks or other disputes directly from your bank account.

(c) You are responsible for chargeback fees incurred by Therasee.

(d) We may suspend your Stripe Connect service due to excessive disputes or chargebacks.

(e) We reserve the right to withhold funds under review for fraudulent activity.

6. Service Modifications
‍6.1 Therasee reserves the right to modify, enhance, or discontinue any aspect of our services at our sole discretion to improve performance, rectify errors, or for any other reason.

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7. Service Interruptions

7.1 In the event of planned service interruptions, we will provide you with advance notice. For unplanned interruptions, we will endeavour to restore services as quickly as possible and keep you informed of the progress. You agree that Therasee is not liable for such interruptions and that you are not entitled to refunds or compensation.
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8. Third-Party Websites

8.1 Our service may link to third-party websites not controlled by Therasee. We are not responsible for the content or practices of these sites. Consult their terms of use and privacy policies.

9. Personal Information Management

9.1 By using our service, you consent to the collection and use of personal information as detailed in our Privacy Policy.

9.2 You agree to provide all necessary consents for Therasee to access third-party data services required for our service.

9.3 We will only use User Data as allowed by these Terms or applicable law.

9.4 You must comply with privacy laws and ensure all necessary consents are obtained from your clients for the use and access of their data by Therasee and third parties.

9.5 If we are legally compelled to disclose User Data, we will notify you unless prohibited by law.

10. Data Retention and Deletion
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‍10.1 Upon termination, you must export your User Data before the account is closed. Therasee will delete User Data in accordance with our policies after termination.

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11. User Data Ownership and Responsibility

11.1 Ownership of Data: You affirm that you hold, or have obtained, all necessary intellectual property rights, licences, consents, and permissions to use and allow Therasee to process User Data within our services as set out in these Terms.

11.2 Data Integrity: You are accountable for the accuracy of all User Data entered into the service by anyone under your account, including modifications to client or patient records.

11.3 Data Standards: Unlocking and altering settings related to client or patient information may contravene professional and legal standards. You are obliged to uphold the availability, accuracy, integrity, and confidentiality of such information, as required by applicable laws and regulations.

11.4 Activity Logging: All activities within the service, including changes to records, are logged for security and compliance. Audits may be performed to ensure proper use.

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12. User Data Licensing

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12.1 Grant of Licence: By using our service, you grant Therasee a non-exclusive, worldwide, royalty-free licence to use, reproduce, and display User Data solely for providing the service, including for debugging, testing, support, and development.

12.2 Survival of Licence: The User Data License persists beyond account termination, allowing Therasee to retain server copies for back-up, debugging, and testing procedures, as necessary.

12.3 Extended Data Usage Rights: You also grant Therasee the right to access, copy, and use Transaction Data and User Data from payment processors to facilitate service delivery.

13. Aggregated and Anonymised Data Usage

13.1 Therasee may use and disclose aggregated or anonymised data from the service for improving the service, data analytics, or sales, provided personal information is not identifiable.

14. User Data and Account Ownership Transfer

14.1 Data Access: You are responsible for managing access to User Data within the service, in accordance with legal requirements.

14.2 Transfer Procedures: If a team member can no longer manage their duties, the Account Owner must ensure the transfer or modification of User Data access complies with applicable laws.

14.3 Account Ownership Transfer: Requests for changing Account Ownership must be initiated with written notice to Therasee. Access to User Data must comply with GDPR and other relevant laws such as HIPAA.

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15. Therasee’s Intellectual Property Rights

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15.1 Ownership: Therasee holds all rights to the service, including software, websites, servers, and branding, separate from your User Data rights.

15.2 Limited Licence: Subject to these Terms, we grant you a limited, revocable licence to access and use the service. You are prohibited from unauthorised use, copying, or alteration of any part of the service.

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16. Warranty Disclaimer

16.1 Service "As Is": Therasee provides the service on an "as is" basis. We disclaim all warranties, express or implied, to the fullest extent permitted by law, including any warranties of merchantability, fitness for a particular purpose, or non-infringement.

16.2 Operational Integrity: While we strive to provide a high-quality service, we cannot guarantee that it will be free of errors or interruptions and cannot be held liable for any service disruptions. However, we commit to addressing issues promptly and efficiently within the scope of our capabilities.

17. Limitation of Liability

17.1 Exclusion: To the fullest extent permitted by law, Therasee excludes liability for indirect or consequential losses, or for unauthorised use of your account.

17.2 Liability Cap: Our total liability arising from or related to these Terms is limited to the amount you paid us in the 12 months prior to the claim, irrespective of the nature of the claim.

18. Indemnification

18.1 Your Commitment: You agree to defend, indemnify, and hold harmless Therasee from any claims, liabilities, damages, losses, and expenses, including reasonable solicitors' fees, arising from your use of the service, any data breaches, or violations of these Terms by you or your users.

18.2 Control of Legal Matters: You may not settle any claims implicating Therasee without our prior written consent. Therasee reserves the right to assume control of the defence of any claim for which you are required to indemnify us.

19. Account Termination and Suspension

19.1 By You: You may terminate your account and these Terms at any time. Following termination, we are under no further obligations to you.

19.2 By Therasee: We may suspend or terminate your account if you breach these Terms, subject to a notice period of at least 14 days for remedy, except in cases of severe violations where immediate action is required.

19.3 Effects of Termination: Upon termination, you will not be entitled to refunds, and all provided services will cease immediately.

20. Post-Termination

20.1 End of Licences: All licences granted under these Terms will terminate concurrently with your account.

20.2 Data Deletion: User Data will be retained for 45 days post-termination, after which it will be permanently deleted from our systems.

21. Outstanding Fees

21.1 Unpaid Fees: You are responsible for any fees owed at the time of account termination. No refunds will be provided.

22. Survival of Provisions

22.1 Enduring Terms: Certain provisions will survive the termination of these Terms, including, but not limited to, obligations concerning account use, indemnification, and limitations of liability.

23. Dispute Resolution

23.1 Informal Resolution: We encourage you to contact us directly to resolve disputes informally before pursuing formal proceedings.

23.2 Formal Proceedings: Should informal resolution not be possible, disputes will be resolved through binding arbitration, in accordance with the governing laws of the United Kingdom.

24. General Terms

24.1 Assignment and Transfer: These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you without our express consent. Therasee may assign these Terms without restriction.

24.2 Entire Agreement: These Terms constitute the entire agreement between you and Therasee and supersede all prior agreements and understandings, whether written or oral.

24.3 Severability: If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect.

24.4 Notices: Notices to you may be made via posting to the website, email, or by mail. Notifications to Therasee must be delivered through official contact channels provided by us.

24.5 Independent Parties: Nothing in these Terms is to be construed as creating a partnership, joint venture, or any other form of joint enterprise between you and Therasee.

24.6 Governing Law: These Terms are governed by the laws of the United Kingdom, without regard to its conflict of law principles.

Updates and Changes to Terms

24.7 Right to Update: Therasee reserves the right to update, modify, or amend these Terms at any time to reflect changes in our services, legal compliance, or business practices.

24.8 Notification of Changes: We will endeavour to notify you of significant changes to the Terms through our platform or other appropriate communication channels.

24.9 Review of Updated Terms: Regular review of these Terms is recommended. Continued use of the service after changes have been made constitutes acceptance of those changes.

24.10 User Feedback and Consultation: Feedback is valued and will be considered in the modification of these Terms, although Therasee retains final decision-making authority.

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CONTACT US

For questions or concerns about our Terms of Service or the use of your personal information, you can contact us via either of the methods below:

Email: support@therasee.com
Address: Therasee Ltd, 71-75 Shelton Street,Covent Garden,London,WC2H 9JQUnited Kingdom

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