Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and Counselling Buddy ("we", "us", "our", or "Counselling Buddy") regarding your use of our practice management platform and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Service.

If you are using the Service on behalf of an organization (e.g., your practice or clinic), you represent and warrant that you have the authority to bind that organization to these Terms.

2. Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Be a qualified mental health professional or authorized to manage a mental health practice
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete registration information

We reserve the right to refuse service or terminate accounts at our discretion if we believe you do not meet these eligibility requirements.

3. Account Registration & Security

3.1 Account Creation

To use the Service, you must create an account by providing accurate, current, and complete information. You agree to:

• Provide truthful information during registration
• Keep your account information up to date
• Maintain only one account per individual practitioner
• Not share your account credentials with others

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your password and account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breaches
• Enabling two-factor authentication (strongly recommended)

We are not liable for any loss or damage arising from your failure to maintain account security.

3.3 Account Sharing Prohibition

Each practitioner must have their own individual account. Sharing account credentials between multiple practitioners is strictly prohibited and may result in immediate account termination.

4. Subscription & Payment Terms

4.1 Subscription Plans

The Service is offered on a subscription basis with various pricing plans. Current pricing is available at www.counsellingbuddy.com/pricing.

4.2 Billing & Payment

• Subscriptions are billed in advance on a monthly or annual basis
• Payment is processed automatically via Stripe on your billing date
• You must provide valid payment information and keep it current
• All fees are in GBP (£) unless otherwise stated
• Fees are exclusive of applicable taxes, which you are responsible for

4.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method for renewal fees.

4.4 Price Changes

We may change our pricing from time to time. We will:

• Provide at least 30 days' notice of any price increases
• Honor your current rate until your next renewal after the notice period
• Allow you to cancel before the increase takes effect

4.5 Failed Payments

If a payment fails:

• We will notify you and attempt to process payment again
• You have 7 days to update your payment information
• After 7 days, your account may be suspended
• After 30 days of non-payment, your account may be terminated and data deleted

4.6 Plan Changes

• Upgrades: Take effect immediately. You'll be charged the pro-rated difference for the remainder of your billing period
• Downgrades: Take effect at the end of your current billing period. No refunds for the difference

5. Cancellation & Refunds

5.1 Cancellation by You

You may cancel your subscription at any time from your account settings. Upon cancellation:

• You will retain access until the end of your current billing period
• No further charges will be made
• Your account will be deactivated at the end of the paid period
• You should export your data before your access ends

5.2 Money-Back Guarantee

We offer a 14-day money-back guarantee for new subscribers:

• If you're not satisfied within 14 days of your initial subscription, contact us for a full refund
• This applies to your first payment only, not renewals
• Request refunds by emailing support@counsellingbuddy.com

5.3 No Partial Refunds

Except for the 14-day guarantee above, we do not provide refunds for:

• Partial months or unused portions of your subscription
• Downgrades to lower-tier plans
• Account terminations (by you or us)

5.4 Termination by Us

We may suspend or terminate your account if:

• You breach these Terms
• You use the Service for illegal or prohibited purposes
• Your payment fails repeatedly
• We're required to do so by law
• We discontinue the Service (with 60 days' notice)

Where reasonably possible, we'll provide notice before termination and an opportunity to export your data.

6. Data Ownership & Usage Rights

6.1 Your Data Ownership

You retain all ownership rights to the data you input into the Service, including:

• Client information and records
• Session notes and clinical documentation
• Appointments and schedules
• Documents and files you upload
• Any other content you create or store

We claim no intellectual property rights over the content you provide to the Service.

6.2 Limited License to Us

By using the Service, you grant us a limited, non-exclusive license to:

• Store and process your data to provide the Service
• Make backups for disaster recovery purposes
• Display your data back to you in the application

This license exists solely to enable us to provide the Service to you. We never access, read, or use your client data for any other purpose.

6.3 Data Export & Portability

You can export all your data at any time in standard formats (CSV, PDF, JSON) from your account dashboard. This ensures you're never locked into our platform.

6.4 Data Deletion

Upon account deletion, all your data is permanently removed from our systems. We do not retain copies except where required by law (e.g., billing records for tax purposes).

7. Your Responsibilities & Acceptable Use

7.1 Professional Obligations

You are solely responsible for:

• Obtaining appropriate consent from clients to store their data
• Ensuring you have a lawful basis for processing client data under GDPR and UK law
• Complying with professional standards set by your regulatory body (BACP, BPS, UKCP, etc.)
• Maintaining your own privacy policy and client agreements
• Responding to data subject requests from your clients
• Ensuring the accuracy and legality of data you input

7.2 Prohibited Uses

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Upload viruses, malware, or malicious code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems (bots, scrapers) to access the Service
• Share your account credentials or allow others to use your account
• Interfere with or disrupt the Service or servers
• Remove or obscure any proprietary notices or labels
• Use the Service to store or transmit content that violates others' rights
• Resell or redistribute the Service without our written permission

7.3 Content Standards

While we don't monitor the content you store, you're responsible for ensuring all content:

• Complies with applicable laws and regulations
• Does not infringe on others' intellectual property or privacy rights
• Is accurate and not misleading

8. Our Service & Availability

8.1 Service Provision

We will use commercially reasonable efforts to:

• Maintain 99.9% uptime (excluding scheduled maintenance)
• Provide advance notice of scheduled maintenance when possible
• Keep your data secure and backed up
• Provide customer support during business hours

8.2 No Guarantees

However, we cannot guarantee:

• Uninterrupted or error-free service
• Specific response times for support requests
• Compatibility with all devices or browsers
• That the Service will meet your specific requirements

8.3 Service Modifications

We may:

• Modify, update, or discontinue features at any time
• Add new features or services (which may be subject to additional fees)
• Temporarily suspend the Service for maintenance or upgrades

We'll provide reasonable notice of material changes that negatively impact your use of the Service.

9. Intellectual Property

9.1 Our Intellectual Property

The Service, including its software, design, text, graphics, logos, and functionality, is owned by Counselling Buddy and protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Service for your practice management purposes only.

9.2 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Distribute, sell, rent, or lease the Service
• Use our trademarks or branding without permission
• Remove or alter any copyright or proprietary notices

9.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate that feedback without compensation or attribution.

10. Disclaimers & Limitation of Liability

10.1 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 Not Medical or Legal Advice

The Service is a practice management tool only. It does not:

• Provide medical, therapeutic, or legal advice
• Replace professional judgment or clinical decision-making
• Create a therapeutic relationship with your clients
• Guarantee compliance with professional standards or regulations

You remain solely responsible for all clinical and professional decisions.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COUNSELLING BUDDY SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss (except as required by law)
• Claims arising from your breach of these Terms
• Third-party actions or content

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

Note: Some jurisdictions do not allow certain limitations of liability, so these limitations may not apply to you to the extent prohibited by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Counselling Buddy, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any laws or regulations
• Your violation of third-party rights (including client privacy rights)
• Content you submit or store in the Service

12. Privacy & Data Protection

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your data.

For client data you store in the Service:

• You are the data controller under GDPR
• We are the data processor
• We process data only on your instructions
• You remain responsible for GDPR compliance

A Data Processing Agreement (DPA) is available upon request for customers requiring one.

13. Third-Party Services

The Service may integrate with or contain links to third-party services (e.g., Google Calendar, payment processors). These third-party services:

• Are governed by their own terms and privacy policies
• Are not under our control
• We are not responsible for their availability, content, or actions

Your use of third-party services is at your own risk.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of England and Wales, without regard to conflict of law provisions.

14.2 Jurisdiction

Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14.3 Informal Resolution

Before initiating formal proceedings, we encourage you to contact us at support@counsellingbuddy.com to resolve the issue informally.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Counselling Buddy regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.3 No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your account to anyone without our written consent. We may assign our rights and obligations without restriction.

15.5 Notices

We may send you notices by email to the address associated with your account or by posting notices within the Service. You consent to receive electronic communications from us.

16. Changes to These Terms

We may modify these Terms from time to time. When we make material changes:

• We'll update the "Last Updated" date at the top of this page
• We'll notify you via email at least 30 days before changes take effect
• We'll provide a summary of the key changes
• You'll have the opportunity to review and accept the new terms

If you don't agree to the new terms, you may cancel your subscription before they take effect. Continued use of the Service after the effective date constitutes acceptance of the new terms.

17. Contact Information

If you have questions about these Terms, please contact us: