Updated 03/01/2024
BY UTILIZING THE SOFTWARE, ACCESSING, OR SIGNIFYING YOUR AGREEMENT TO THESE TERMS OF SERVICE, YOU CONSENT TO THE TERMS OF THIS AGREEMENT AS AND/OR ON BEHALF OF THE INDIVIDUAL/ENTITY LISTED IN THE ACCOUNT CREATION, SIGN UP OR SIMILAR FORM (“REGISTRATION FORM”), THE ACCOUNT OWNER AND THE PRACTICE. YOU ASSERT AND GUARANTEE THAT YOU HAVE COMPLETE AUTHORITY TO BIND THE ACCOUNT OWNER AND THE PRACTICE TO THESE TERMS OF SERVICE. IF YOU DO NOT CONSENT TO THESE TERMS OF SERVICE AND DO NOT POSSESS THE AUTHORITY AS STATED HEREIN, YOU ARE NOT PERMITTED AND SHALL NOT ACCESS, OR USE THE SERVICE (AS DEFINED IN THESE TERMS OF SERVICE).
These Terms of Service (“Agreement” or “Terms of Service”) constitute a binding contract between the Account Owner(s) (as defined below) (referred to herein as “Account Owner”, “You” “you”, “your” or “Your”) and Glassmind AI Inc. (referred to herein as “Glassmind” or “Us” or “We”). The Terms of Service shall govern Your and the Staff Members’ use of the Service, and Your and the Staff Members’ rights and obligations with respect to User Data that is placed in the Service, and associated Intellectual Property Rights thereto, as well as your creation of an account through which You and the Staff Members will access the Service (hereinafter an “Account”) for use in connection with the Service. By accessing, using, subscribing, purchasing, or downloading the Service, or any goods, materials, or content from the Website, You agree to, and ensure that all who access the Service through Your account, follow and be bound by the following terms and conditions and any other terms and conditions embodied in any other agreements you enter into with Us. If you do not agree with the Terms of Service, neither You nor the Staff Members may use the Website or the Service. If You are aware, or have a suspicion or the good faith belief that, a Staff Member has violated the Terms of Service, You are responsible for immediately revoking access rights to the User(s). Additionally, if you become aware that a Staff Member no longer possesses the requisite licenses or other credentials or is no longer employed by or affiliated with You, You have the responsibility to immediately revoke access rights to these Users. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER NOTICE: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY. These Terms of Service apply to Your and the Staff Members use of the Service and ALL transactions made on or through the Website in your use of the Service. The Account Owner manifests agreement to these Terms of Service by any act demonstrating your assent thereto, including clicking any button containing the words “Free Trial”, “Signup”, “Add Staff”, “I agree” "Create Account" or similar syntax, by accessing the Website, by establishing an Account, or using the Service, whether you have read these Terms of Service or not. By clicking any such button or otherwise indicating Your assent, You agree to these Terms of Service. You should print a copy of these Terms of Service for your business and personal records. These Terms of Service may be modified by Glassmind effective immediately by notifying you as provided under Consent to Electronic Communications. By continuing to access or use the Service after the effective date of any such change, you agree to be bound by the modified Terms of Service.
The "Account Holder" is the individual or entity who initiates the Account, including the Practice, the Practice's owner, and any other person or entity in whose name the Account is created. All are collectively and individually bound by these Service Terms. The Account Holder is accountable for all obligations and activities associated with the Account, including those of all Users and Staff Members within the Account (including, but not limited to, payment for the Account and deletion of the Account). The term "Account Holder" applies to both singular and plural contexts.
"Content" encompasses resources and resource libraries offered through the Service, including, but not limited to, the GLASSMIND library content, metric and option label/choices, prompts, artwork, audio, video, animations, copy, PDF files, worksheets, games, documents, scripts, instructions, resource descriptions and guided materials contained in resources.
A "Dispute" is a broad term that refers to any disagreement, action, or controversy between you and Glassmind related to the Service, any transaction or relationship between you and Glassmind resulting from your use of the Service, communications between you and Glassmind, or this Agreement – whether in contract, warranty, tort, laws, or regulations.
"Domain" refers to the subdomain/website pages created for your practice through the Service.
"HIPAA" refers to the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act and their implementing regulations as amended from time to time;
"Intellectual Property Rights" refers to copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognized by law;
"Payment Data" refers to any personal or financial information collected from a credit card, debit card or other payment method, including but not limited to a cardholder’s account number, card expiration date, and CVV2.
"Practice" refers to the person, sole proprietor or entity defined by the "Domain" and "Company" used in setting up the account on Glassmind.
"Protected Health Information" or "PHI" refers to protected health information as defined by HIPAA’s Privacy Rule found at 45 C.F.R. §160.103.
"Servers" are computers, cloud services, or devices that host the Service.
"Service" refers to Glassmind’s technology and software platforms available on the Websites and any affiliated sub-domains and mobile applications and sites, Software, and Servers.
"Glassmind Software" or "Software" refers to the software provided to you by Glassmind and/or its contractors/agents under license or with respect to which you have access, in connection with the Service.
"Staff Member" refers to Account Holder’s staff, contractors, administrators, or other service providers who are granted access to the Account with the authorization of the Account Holder.
"Transaction Data" refers to your Payment information, Payment data, transaction information, bank information and credit card information including without limitation tokenized account information, tokens and token access codes, account information or other data or information of any kind that is provided by or generated or collected on your behalf by the Service or it’s third-party payment services.
"User Data" refers to any data or images that you or your clients or patients upload, stream or submit to the Servers, Website, or other areas of the Service, or generated or collected on your behalf from the Servers, Website, the Service or third parties, including but not limited to Protected Health Information as that term is defined in this document, and any responses or engagements to resources collected.
"User(s)" refers to the Account Holder(s), Staff Member, and/or the Account Holder(s)’ or Staff Member(s)’ clients, customers or patients.
"Website" refers to the websites and services available from the domain and sub-domains of glassmind.io such as; portal.glassmind.io, client.glassmind.io, provided to You by Glassmind through the platform, and any related or successor domains and mobile applications and sites from which Glassmind may offer the Service.
"Your Content" refers to all content you create as part of your practice resources, including without limitation, prompts, visuals, audio, video, animations, information, documents, PDF, graphics, copy or other data created as resources.
By accepting these Service Terms in connection with an Account, the person acknowledging agreement or assenting to these Service Terms represents that they are at least 18 years of age, or the legal age of majority where in the place of residence if that jurisdiction has an older age of majority, and has the legal authority to contractually agree to these Service Terms on behalf of the Account Holder. You further agree that as a condition to accessing the Service, you will submit to Account and Account Holder verification as required by Glassmind, and provide only true and accurate identification documentation to Glassmind or its third party service providers as requested by Glassmind. You are responsible for the security of any account verification information, such as user names and passwords, including without limitation your Users’ user names and password. You agree that any Users who are under 13 years old require their parent or legal guardian’s consent to collect their User Data or for their use of the Service, which consent you and the Account Holder are responsible for obtaining, prior to the use by such User of the Service.
You must establish an Account with Glassmind to use the Service. You agree to provide accurate, current, and complete information about You and the individual who establishes the Account (“Signup Data”) as prompted by the Signup Form and as required to be added in the “Account Details” or other page on the Website, and to use the Practice management tools provided to keep your data accurate, current and complete. Glassmind will designate You as the Practice Owner and assign an account name (your “Domain Name”). You may add Providers to your practice’s domain. Each Provider on your staff may have a set number of active client and care team accounts. Providers may archive clients to open capacity for new ones.
You, as the Account Holder, are responsible for all activities conducted through your Account, including activities of the Staff Members and Users, and you are responsible for all activities conducted through your user name and are responsible for Users to whom you grant access to your Account, including your clients or patients and those you authorize to access your Account on behalf of yourself, or clients or patients. In the event that fraud, violation of law, regulation or rule, or conduct that violates these Service Terms occurs (whether by you or someone else) that is in any way connected with your Account, we may suspend or terminate your use of the Service and your Account as described in Section 25 and you shall be financially responsible to Glassmind for the consequences of such use.
At the time Your Account is created, You must select a password. You are responsible for maintaining the confidentiality of Your password and are responsible for any damages, claims, losses or other harm resulting from Your disclosure of Your password, authorization of the disclosure of Your password, or any person’s use of Your password or Your Account and those who gain access to your Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of Your password to any other person is at your own risk. Staff Members and Users may not share entry identifications and authentication passwords and any sharing may result in a suspension or termination of access for the User and the Account Holder.
Glassmind provides the Service for the fees and other charges set forth on the Website. All prices listed exclude all sales taxes, fees, use taxes, charges, duties, levies and similar governmental charges (“Sales Taxes”) imposed on the provision of the Service and all such Sales Taxes shall be borne solely by and paid by the Account Holder to Glassmind and deemed to be in addition to the fees charged in connection with the Service. Where applicable, Account Holder shall be responsible for all Sales Taxes and Glassmind reserves the right to collect Sales Taxes retroactively. We may, at any time, add new services for additional fees and charges, or prospectively modify fees and charges for existing services (including prospectively charging fees for the Service not previously charged for) on notice as provided herein. You acknowledge that it is Your responsibility to ensure payment in advance for all paid aspects of the Service, and to ensure that your credit or debit cards or other payment instruments accepted by Glassmind and/or its processor, including Stripe, continue to be valid and sufficient for such purposes. We may suspend or terminate Your use and Your Account’s use, as provided in Section 7, in the event of any payment delinquency. Other services are available from Glassmind and the agreement with respect to those services and fees due to Glassmind incorporate by reference these Service Terms as well as any specific terms and conditions presented to you. You will not be entitled to any refund on termination or expiration of the Agreement. All payments once made to Glassmind shall have been earned by Glassmind as of the date of payment. You will not be entitled to any refund for the partial use of the Service or credits at any time.
You may terminate this Agreement by closing your account at any time for any reason. In such event, Glassmind shall have no further obligation or liability to you. You may not suspend your own account. If you suspend your account, then the account will be deemed terminated. In addition, Glassmind may suspend or terminate your account, without notice, for breach if you violate this Agreement, or any terms regarding payment of required fees and charges due under this Agreement.
Glassmind reserves the right to add, modify, discontinue or eliminate aspect(s), features or functionality of the Service or content associated with the service, from time to time for any reason including without limitation for purposes of compliance with applicable laws and regulations, to effect improvements in security and functionality, to correct errors, or for any other purposes, at its sole discretion.
The Service may provide links or connections to third-party websites or services that are not owned or controlled by Glassmind. Glassmind is not responsible for the content, policies, or practices of any third-party websites or services. Users should review the terms of use and privacy policies of these third-party websites or services.
The Service may provide links or connections to third-party websites or services that are not owned or controlled by Glassmind. Glassmind is not responsible for the content, policies, or practices of any third-party websites or services. Users should review the terms of use and privacy policies of these third-party websites or services.
Glassmind will bill your account monthly or annually depending on the type of account you have signed up for. As the Account Holder you are responsible for the cost of any providers and additional staff you add to the account under your practice. Failure to make payments to your account will result in termination of all Services under the account.
There may be times when Glassmind needs to disrupt or pause the Service for maintenance or to maintain its integrity. You acknowledge that Glassmind is not responsible for any such disruptions, whether planned or not, and that neither you nor any users are entitled to refunds or compensation due to these disruptions. Additionally, Glassmind will not be held accountable for any loss of User Data resulting from these disruptions.
All intellectual property rights related to the Service, excluding User Data or licensed third-party materials, belong to Glassmind. This includes the software, websites, servers, graphics, scripts, instructions, worksheets, psychoeducational materials and resources, sample resource templates, and all associated trademarks and logos. Glassmind grants you a limited, revocable license to use the Service, provided you abide by the terms and conditions of the Service, and your account remains active and in good standing.
Glassmind grants you a non-exclusive, non-transferable license to allow your Staff Members to utilize and customize the resource templates provided as part of the Service. These resources are for illustrative purposes only. These resources should be adapted to suit your professional needs as part of your practice, modality and approach to client care. No representation of therpeutic benefit or approach is implied. All sample resources are provided "as is" and any warranties, express or implied, are disclaimed. You agree that neither you nor your Staff Members may resell, transfer, sublicense or use the Resources in a way that is available to third parties and that they are to only be used on the Glassmind website as part of the Service.
You are solely responsible for determining whether you and/or your Staff Members are qualified and/or permitted to deliver therapy, healthcare, or other virtual services across the Service. You are solely responsible for confirming that you or the Staff Member has the necessary licenses and qualifications to use Glassmind in providing services to your clients.
When you create an account with Glassmind, you agree to provide accurate, complete, and current information about yourself, your specialties, credentials, practice, and/or business. Failure to do so constitutes a breach of the Terms of Service, which may result in immediate termination of your account on the Service.
You agree to refrain from any activity that infringes on laws, regulations, or third-party rights, impersonates any person or entity, posts or transmits harmful computer programming routines, disrupts other users' use of the Service, or attempts unauthorized access to other users' accounts. You also agree not to upload any User Data that infringes on intellectual property or proprietary rights unless you own these rights or have permission from the rightful owner. Any violation of these terms may result in legal action.
Any violation of these Terms of Service by you, your Staff Members, or users may result in immediate suspension or termination of your account without any refund or compensation.
You agree not to hold Glassmind liable for the actions or inactions of you or other users of the Service. You release Glassmind from any claims, demands, losses, liabilities, and damages arising out of any disputes you have with other users or third parties.
Glassmind provides the Service strictly on an "as is" basis and disclaims all warranties or conditions of any kind. Glassmind does not ensure continuous, error-free, secure or virus-free operation of the Service and is not responsible for any loss from using the Service on this basis. Glassmind does not guarantee that using the Software will ensure compliance with HIPAA or other applicable laws.
In no event shall Glassmind or any of its directors, officers, employees, equity owners, managers, subsidiaries, agents or licensors be liable for any special, incidental, indirect, consequential, reliance, punitive or exemplary damages or any other damages of any kind. Glassmind's cumulative liability to you will not exceed five hundred dollars (U.S. $500.00).
You agree to defend, indemnify, and hold harmless Glassmind, its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims, and expenses, including attorneys’ fees and costs, arising from: (i) any breach or alleged breach by you or your Staff Members or users of these Terms of Service; (ii) claims, losses, and causes of action asserted by any users; or (iii) your acts, omissions, or use of the Service, including negligent, willful, or illegal conduct. You may not settle any matter or admit liability if it implies liability or fault on the part of Glassmind without express written consent.
Your participation in the Service does not make you a Glassmind employee, and you do not expect to be compensated by Glassmind for such activities. No agency, partnership, joint venture, or franchise relationship is intended or created by this Agreement. There are no third-party beneficiaries under this Agreement.
Upon termination of your account, all licenses granted by Glassmind to use the Website, Software, and the Service will automatically terminate. All User Data in your account will be retained for no more than thirty (30) days after termination or expiration of your account or this Agreement, and deleted afterward. You are responsible for exporting all account data and ensuring the secure preservation of PHI for your clients.
Upon termination by you or by Glassmind of your account, you will not receive any refund of any amounts previously paid and you will remain liable for any charges incurred or unpaid amounts owed by you to Glassmind.
In case of any disagreement between you and Glassmind, excluding claims for injunctive relief, the disagreement will be resolved by binding arbitration following the rules of the American Arbitration Association Commercial Arbitration Rules. The arbitration will take place in Concord, New Hampshire. If there's any disagreement between you and Glassmind that is determined not to be subject to arbitration, you agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in New Hampshire.
Any proceedings to resolve or litigate any disagreement in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your disagreement with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by You, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a disagreement, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
Glassmind is a service based in the United States. We do not guarantee or represent that any aspect of the Service, Resources, Activities, Library Content, Psychoeducational materials, Journals, Worksheets, Sample Resource Templates, or other materials are suitable for use outside of the United States or may be used for persons who are not then located outside the United States. Those who access the Service from other locations are responsible for compliance with applicable local laws. The Software is subject to applicable export laws and restrictions.
Glassmind may provide notice to you and obtain consent from you (1) through the Website (2) by electronic mail at the electronic mail address associated with your Account; and/or (3) by written mail communication to you at the address associated with your Account. You must submit all notices required or permitted under this Agreement to Glassmind, LLC, c/o Compliance Manager, 1000 Elm Street #3404 Manchester, NH 03101.
For purposes of complying with the requirements of HIPAA to the extent applicable, You and Glassmind agree to be bound by each of the terms and provisions of the Glassmind Business Associate Agreement, which can be found at /baa (the "BAA") and which is incorporated in full by this reference. If any provision hereof is potentially or actually in conflict with the provisions of the Business Associate Agreement with respect to the treatment of Protected Health Information, the terms of the Business Associate Agreement shall prevail.
We provide Users information by email or posting through the Website. The emails and other communications You will receive include those relating to billing, account verification, platform and Service training (sometimes called “on-boarding materials), survey requests (for product and customer service improvement purposes), marketing and promotions, and administrative announcements (including related to these Terms of Service, our Privacy Policy, or security incident notifications). You understand that by using the Service and agreeing to these Terms of Service, Glassmind will send to you the foregoing communication types and You hereby waive any right to opt out of such communications to the extent permitted by applicable law. You are responsible for obtaining either requisite consent or ceasing email communication to a patient or client in the event that such patient or client opts out of receipt of any such communications.
You agree that You are responsible for the provision of access to User Data and the sharing of User Data amongst those who are Users, Staff Members or those who are retained by the Account Owner and patients, clients and any family members thereof, in accordance with applicable law. In the event that any Staff Member who has access to the Service under the Account dies, becomes disabled or incapacitated or otherwise is unable to provide services to any User, then the Account Owner will be solely responsible for arranging for the transfer of User Data, or modification of access, in compliance with applicable law and Section 4 of these Terms of Service. This includes, but may not be limited to, providing identity verification or execution of necessary authorizations that may be required by Glassmind or by applicable regulations or licensing bodies. You agree that Glassmind reserves the right to not transfer User Data or modify access if the foregoing is not provided to the extent required by applicable law. If the Account Owner dies, or otherwise becomes incapacitated, Glassmind will attempt to identify an appropriate individual to transfer the Account Owner role pursuant to applicable law or regulation, and if an appropriate individual can be identified, will transfer the Account Owner role to that individual as outlined above. IT IS RECOMMENDED THAT ACCOUNT OWNERS CREATE CLEAR DIRECTIONS REGARDING ACCESS TO AND TRANSFER OF USER DATA IN THE EVENT OF THEIR DEATH, DISABILITY, OR INCAPACITATION AND SHARE THESE DIRECTIONS WITH A QUALIFIED AND TRUSTED INDIVIDUAL IN ADVANCE. Requests for transfer of the Account Owner role, either by the Account Owner or by an individual legally designated to assume Ownership, must be initiated by you by emailing legal@glassmind.com. You agree that User Data that is PHI may only be accessed by or transferred to an appropriate party, pursuant to HIPAA rules and applicable state regulations.
The cloud-based Glassmind services are operated on a multitenant architecture at both the platform and infrastructure layers that is designed to segregate and restrict access to any PHI for clients. Glassmind aggregates metrics on platform performance and practice usage of resources to improve efficiencies. PHI is not tracked or accessed. The Glassmind infrastructure is hosted by Amazon Web Services, Inc. ("AWS") under an AWS BAA. Information about security provided by AWS is available from the AWS Security website. Information about security and privacy-related audits and certifications received by AWS, including information on SOC reports, is available from the AWS Compliance website.
If you have any questions, please reach out and ask.