These Terms of Service (“Terms”) govern your access to and use of the My Elara platform (the “Service”) operated by [Operator Legal Name] (“we”, “us”, “our”). By using the Service, you agree to these Terms.
1. Who can use the Service
The Service is intended for licensed mental health clinicians, mental health practices, and the clients they invite. Clients use the Service at the invitation of a clinician who has accepted these Terms on behalf of the practice.
2. Accounts
You are responsible for keeping your login credentials confidential and for all activity under your account. Notify us immediately at security@myelara.ai if you suspect unauthorized access.
3. Subscriptions, pricing, and billing
Clinician subscription
The Service is offered to clinicians at $150 per clinician per month. The subscription fee in effect when a clinician enrolls is the fee that applies for the lifetime of that clinician's active subscription. We will not raise prices for existing subscribers. This commitment is binding.
No hidden fees
We do not charge per-client fees, per-feature fees, assessment fees, storage fees, or any other usage-based fees. All features of the Service are included in the monthly subscription.
Billing
Subscriptions are billed monthly in advance through our payment processor. Subscriptions renew automatically until cancelled. You may cancel at any time from your account settings.
4. Our Promise (contractual)
Our public Promise document (at myelara.ai/#promise) describes binding commitments, including lifetime pricing, no feature gating, and the inclusion of all future enhancements. Those commitments are incorporated into and form part of these Terms.
5. Acceptable use
You agree not to:
- Use the Service to violate any law or third-party right
- Attempt to reverse-engineer, scrape, or probe the Service
- Upload malicious code or content
- Use the Service to deliver care outside your scope of licensure
- Misrepresent your identity, credentials, or the nature of a therapeutic relationship
6. Clinical responsibility
My Elara is a tool for licensed clinicians. It is not a substitute for clinical judgment. Clinicians remain fully responsible for the care they provide, including decisions made with assistance from any AI-powered features of the Service.
My Elara is not intended for use in emergencies. Clients experiencing a crisis should contact local emergency services or a crisis line immediately.
7. Content ownership
You retain ownership of the content you submit to the Service. You grant us a limited license to host, display, and process your content solely to provide the Service to you. We do not claim any rights to your clinical records, journal entries, or other content you create.
8. HIPAA & Business Associate Agreement
For practices and clinicians, we act as a HIPAA Business Associate. A Business Associate Agreement (BAA) is provided at onboarding and governs our obligations with respect to Protected Health Information (PHI). See our HIPAA & Security page for details.
9. Termination
You may cancel your subscription at any time. We may suspend or terminate access for material breach of these Terms with reasonable notice. Upon termination, you may export your data for a reasonable period before it is deleted per our Privacy Policy.
10. Disclaimers
The Service is provided on an “as is” and “as available” basis. We disclaim all warranties to the fullest extent permitted by law, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
11. Limitation of liability
To the fullest extent permitted by law, our total liability for any claim arising from or related to these Terms shall not exceed the amount paid by you for the Service in the twelve months prior to the event giving rise to the claim.
12. Governing law
These Terms are governed by the laws of the State of [TBD], without regard to its conflict of law principles.
13. Changes to these Terms
We may update these Terms. Material changes will be communicated to account holders by email at least 30 days before they take effect.
14. Contact
[Operator Legal Name]
legal@myelara.ai