Last Updated: March 19, 2025
Welcome to SessionNote.com ("we," "our," or "us"). These Terms and Conditions ("Terms") constitute a legally binding agreement between you and SessionNote.com governing your access to and use of our website, applications, and services (collectively, the "Service").
PLEASE READ THESE TERMS CAREFULLY. By accessing, registering for, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
We reserve the right to modify these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting the revised Terms on our website. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of such changes. You are responsible for regularly reviewing these Terms.
"Service" refers to the SessionNote.com platform, including all features, functionalities, applications, websites, content, and user interfaces.
"User," "you," or "your" refers to any individual or entity who accesses, registers for, or uses the Service.
"Client Data" refers to any information about clients that Users input, upload, transmit, or otherwise make available through the Service.
"Content" refers to all text, data, information, software, graphics, photographs, videos, audio, messages, comments, feedback, notes, and other materials that are posted, generated, provided, or otherwise made available through the Service.
To use the Service, you must be at least 18 years of age and capable of forming a binding contract. By using the Service, you represent and warrant that you meet these requirements.
You may be required to register for an account to access certain features of the Service. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are solely responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to disable any user account, at any time, in our sole discretion for any or no reason, including if we believe that you have violated these Terms.
SessionNote.com provides tools for behavioral health professionals to manage clients, create session notes, and track progress. You are solely responsible for ensuring your use of the Service complies with all applicable laws, regulations, and professional standards, including but not limited to those related to healthcare, privacy, data protection, and professional practice.
You agree not to use the Service:
IMPORTANT: SessionNote.com IS NOT HIPAA COMPLIANT. OUR PLATFORM HAS NOT BEEN CERTIFIED FOR HIPAA COMPLIANCE AND SHOULD NOT BE USED AS A HIPAA-COMPLIANT SOLUTION.
You acknowledge and agree that:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO ASSUME ALL RISK AND LIABILITY ARISING FROM YOUR USE OF THE SERVICE IN CONNECTION WITH PHI OR OTHER SENSITIVE INFORMATION. YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE SessionNote.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, OR INJURY, INCLUDING STATUTORY, REGULATORY, OR FINANCIAL PENALTIES, THAT MAY BE SUSTAINED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH YOUR USE OF THE SERVICE FOR STORING, TRANSMITTING, OR PROCESSING PHI.
Our Service includes AI-assisted note generation features. You acknowledge and agree that:
YOU MUST THOROUGHLY REVIEW ALL AI-GENERATED CONTENT BEFORE FINALIZING AND SHOULD NEVER RELY ON AI-GENERATED CONTENT WITHOUT PROFESSIONAL VERIFICATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY CONSEQUENCES RESULTING FROM YOUR USE OF OR RELIANCE ON AI-GENERATED CONTENT.
By using the Service, you represent and warrant that:
You acknowledge that you are solely responsible for all activities conducted through your account and for compliance with all applicable laws and regulations related to your use of the Service.
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by SessionNote.com, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:
You must not:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by SessionNote.com.
While we implement reasonable security measures, we do not guarantee the security of data transmitted through the internet. You acknowledge that any information you transmit through the Service is done at your own risk. You are responsible for taking appropriate precautions when transmitting sensitive information.
Our data practices are described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You acknowledge and agree that we may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of SessionNote.com, its users, or the public.
The Service may contain links to third-party websites, services, or content that are not owned or controlled by SessionNote.com. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that SessionNote.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SessionNote.com NOR ANY PERSON ASSOCIATED WITH SessionNote.com MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.
WITHOUT LIMITING THE FOREGOING, NEITHER SessionNote.com NOR ANYONE ASSOCIATED WITH SessionNote.com REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SessionNote.com HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SessionNote.com, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless SessionNote.com, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms; (c) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (d) any claim that your User Content caused damage to a third party.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.
BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
No waiver by SessionNote.com of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SessionNote.com to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Terms, our Privacy Policy, and any other agreements expressly incorporated by reference herein constitute the sole and entire agreement between you and SessionNote.com regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
If you have any questions about these Terms, please contact us at support@fernandezdigitalservices.com
By using SessionNote.com, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.