Terms of Service

1. Acceptance and Eligibility

By accessing or using the PsychLocal, Inc. platform (the "Services"), you agree to be bound by these Terms of Service. If you are accepting these terms on behalf of a mental health practice, clinic, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. You must be at least 18 years old to use the Services.

2. Accounts and Security

You must provide accurate and complete information when registering an account. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use or security breach. We are not liable for any loss or damage arising from your failure to protect your login information.

3. Subscriptions and Billing

Payment Processing: All subscription payments are processed securely through our third-party payment processor, Stripe. We do not store or process your full credit card information on our servers.

Auto-Renewal and Taxes: Subscriptions are billed in advance on a recurring monthly or annual basis. Your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date. All fees are exclusive of applicable taxes, which you are responsible for paying.

Cancellations and Plan Changes: You may cancel your subscription or change your plan at any time through your billing dashboard. Upgrades take effect immediately and are prorated; downgrades take effect at the start of your next billing cycle. If a payment fails, we will attempt to retry the charge and may suspend your access to the Services until payment is successfully processed.

4. Customer Content and Licenses

When you submit your practice information (including Name, Address, Phone Number (NAP), descriptions, photos, and professional details) to the platform, you grant us an express, worldwide, royalty-free license to use, host, format, and syndicate this information to third-party directories, aggregators, and search platforms on your behalf.

You warrant that all information you provide is accurate, that you are authorized to manage the business listings (including the Google Business Profile) you connect to our system, and that your practice holds all required professional, medical, and operational licenses in your operating jurisdictions.

6. Third-Party Services

Our platform integrates with third-party services and allows you to connect external accounts (e.g., Google Business Profile). Your use of these connected third-party services is governed by their respective terms and policies. We are not responsible for the availability, accuracy, or reliability of these third-party platforms.

7. Acceptable Use

You agree not to use the Services in any way that violates applicable law or these Terms. Specifically, you agree not to:

• Enter Protected Health Information (PHI) into free-text fields, CRM notes, or public directories absent a signed Business Associate Agreement (BAA) with us.
• Send unlawful, abusive, harassing, or spam messaging to any recipient.
• Scrape, reverse engineer, or programmatically extract data from our platform.
• Impersonate any person, practice, or entity, or falsely state your affiliation with an entity.
• Engage in review gating, post fake reviews, or incentivize patients for positive reviews in violation of Federal Trade Commission (FTC) guidelines or third-party platform rules.

8. SMS and Messaging Terms

If you utilize our CRM and messaging tools to communicate with your patients or leads, you must comply with the Telephone Consumer Protection Act (TCPA) and all A2P 10DLC regulations.

• Consent: You are solely responsible for obtaining and maintaining valid prior express written consent from every recipient before sending them SMS messages or emails through our platform.
• Required Disclosures: Message frequency varies. Message and data rates may apply.
• Opt-Out and Help: Recipients can reply STOP to opt out of messages at any time, and reply HELP for assistance. For additional support, you or your recipients can email hello@psychlocal.com or call (800) 434-4519.
• Carrier Liability: Carriers are not liable for any delayed or undelivered messages.
• Privacy: Please review our Privacy Policy to understand how mobile data is handled.

9. AI Features Disclaimer

Our platform includes artificial intelligence features that summarize reviews, suggest SEO content, and analyze competitors. AI-generated output is provided for informational purposes only. It may contain inaccuracies or hallucinated information. You are solely responsible for reviewing, editing, and verifying all AI-generated content before relying upon it or publishing it publicly.

10. Intellectual Property

All intellectual property rights in the Services, including the software, interface, design, and analytics algorithms, are owned by PsychLocal, Inc.. We grant you a limited, non-exclusive, non-transferable license to use the Services during your active subscription term. Any feedback, ideas, or suggestions you provide to us may be used without restriction or compensation to you.

11. Suspension and Termination

We may suspend or terminate your account and access to the Services immediately, without prior notice, if you breach these Terms, fail to pay subscription fees, or if your use of the Services poses a legal or security risk.

Upon termination, your right to use the platform ceases. We will stop syndicating your data to the directory network. Over time, as directories refresh their data independently, your listings may revert to their pre-managed state or become outdated. We are not responsible for maintaining your listings after your subscription ends.

12. Disclaimers of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

No Medical Advice: PsychLocal, Inc. is a marketing and directory management software provider. We do not provide medical advice, diagnosis, or treatment. The Services are not a substitute for professional healthcare or practice management counsel.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PSYCHLOCAL, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR REPUTATION. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to defend, indemnify, and hold harmless PsychLocal, Inc., its officers, directors, employees, and agents, from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from: (a) your violation of these Terms; (b) your violation of any third-party right, including intellectual property or privacy rights; (c) your failure to obtain necessary consent for SMS/email communications; or (d) the content and accuracy of the business data you submit.

15. General Provisions

Governing Law: These Terms shall be governed by the laws of the United States and the state in which PsychLocal, Inc. maintains its principal place of business, without regard to conflict-of-laws principles.

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely.

Force Majeure: We shall not be liable for any failure to perform due to causes beyond our reasonable control, including acts of God, natural disasters, or network/carrier failures.

Entire Agreement: These Terms, along with the Privacy Policy and any applicable BAA, constitute the entire agreement between you and PsychLocal, Inc. regarding the Services.

Changes to Terms: We may modify these Terms at any time. We will notify you of material changes by email or platform notice. Your continued use of the Services after such updates constitutes acceptance of the modified Terms.