Terms of Service

Welcome to TheraBeeNotes.com, a service provided by Beehive Mental Health LLC (“TheraBee”, “TheraBeeNotes,”, “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, proprietary transcription software platform and any related applications, widgets, tools, or services (collectively, the “Platform”). By accessing and using the Platform, you agree to be bound by these Terms, along with our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, please do not use the Platform.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In such cases, “you” and “your” refer to the entity.

Please note that we may revise these Terms from time to time. The most current version will be posted on the Platform. If you continue to use the Platform after changes are posted, you agree to the revised Terms.

1. Platform Access and Use
Subject to these Terms, TheraBee grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes. You agree not to:

• Reverse-engineer, decompile, or disassemble the Platform.

• Modify or create derivative works based on the Platform.

• Resell, sublicense, or distribute the Platform.

• Use the Platform in violation of any unlawful or fraudulent activity.

• Store or transmit any inappropriate content, such as content that may be viewed as abusive, threatening, defamatory, pornographic, or which violates the privacy rights of others

• Introduce harmful code into the Platform, such as viruses, denial of service attacks, viruses, and the like.

We reserve the right to revoke your access if you violate these Terms.

2. Account Registration and Authorized Users
The TheraBee platform and its services are intended exclusively for use in a healthcare setting by properly trained and licensed mental health professionals who are conducting therapy sessions with their clients ("Clients"). By registering for an account, you certify that you are a qualified and licensed mental health professional, legally authorized to provide therapy or other healthcare-related services within your jurisdiction. 

You must create an account to access the Platform, and you are required to provide accurate and complete information during registration. Your account credentials (e.g., username and password) must be kept confidential. You are responsible for all activities that occur under your account, including any actions taken by Authorized Users.

You may authorize employees or contractors ("Authorized Users") to access the Platform on your behalf. Each Authorized User must have their own account credentials. You agree to ensure that all Authorized Users comply with these Terms and applicable laws, including confidentiality and HIPAA requirements. We reserve the right to disable accounts or revoke access if unauthorized use is detected or if an Authorized User breaches these Terms.

The Platform is not intended for use by individuals who are not licensed mental health professionals. If you choose to use these services for any purpose beyond mental health therapy, we are not responsible nor claim any benefit from use of these services. You may also be held responsible for resulting actions or consequences from any unintended use of these services.

3. Trial Periods and Subscriptions
This Platform is offered through a single pay-as-you-go payment model that charges users for therapy sessions they transcribe and summarize using the platform, in addition to a minor, non-refundable maintenance fee. This maintenance fee, may include a select number of included session transcriptions at no additional cost, and this fee may be waved during any stated trial period, such as the user’s initial month of service. Once any designated trial period ends, you will be responsible for the applicable fees (per use + maintenance fee).

4. Payment and Fees
For access to TheraBee’s services, you agree to pay the fees associated with your usage of the Platform. Fees are processed through a third-party payment provider (e.g., Stripe), and you authorize us to charge your payment method for the applicable charges. Fees are charged based on usage metrics, which may include the number of transcriptions processed, length of audio submitted, or other criteria. You will be billed monthly or as per your selected billing cycle, and all fees are non-refundable.

Invoices for usage fees will be generated monthly, and payment is due upon receipt. You are responsible for ensuring that your payment information is accurate and up to date. Failure to make payments may result in suspension or termination of your access to the Platform. You are able to view a detailed breakdown of your usage and charges and make updates to payment information within Billing settings in the Platform.

5. Use of Personal Information
As part of the Services, you will generate recordings of your therapy sessions or other interactions with your Clients and information related to such recordings (collectively, the “Recordings”). We, or our service providers, will generate clinical progress note summaries of these Recordings (“Summaries”) for your use, which will be automatically produced by our AI-powered transcription tool. These Summaries are provided for your review, edit, and approval, but we do not offer any warranties or guarantees regarding their accuracy, completeness, or timeliness.

It is solely your responsibility to review and verify that the Summaries are accurate, timely, and complete. You are responsible for ensuring that they meet your professional and legal standards before utilizing them in any clinical or business capacity.

Any recommendations or observations captured by the transcription tool are intended only as a summary of your conversations with your Client. They are not intended to be used as medical recommendations, diagnoses, or treatment plans. You, as a licensed mental health professional, are solely responsible for evaluating, modifying, and implementing any treatment plans or clinical decisions. You must exercise your own professional judgment and training in reviewing the Summaries and ensuring they meet the needs of your Client and standards set by your organization.

Your use of the Platform may involve processing sensitive personal data, including but not limited to health information, details about your Clients' mental health, treatment plans, histories, and other confidential information disclosed during therapy sessions. This sensitive information, along with all other data related to your practice processed via the Platform, constitutes “Your Data.”

6. Your Data and De-Identified Data
You own the data you submit to the Platform (“Your Data”), which includes audio recordings, transcriptions, session summaries, and any other information you provide through the use of the Platform. By submitting Your Data, you grant TheraBee a non-exclusive, royalty-free license to use Your Data solely for the purposes of providing and improving the Platform, in accordance with our Privacy Policy.

Your use of the Platform involves the collection and processing of the following data types, as outlined in our [Privacy Policy]:

• Personal Information: Contact details such as your name, email address, and payment information.

• Engagement Data: Data related to your usage of the Platform, including interaction logs and device information.

• Payment Data: Billing details submitted through third-party providers.

• De-Identified Data: Information that has been anonymized and de-identified in compliance with industry standards and HIPAA.

We may de-identify Your Data to create aggregated, anonymized data, which will no longer be considered personal information under applicable privacy laws. De-identified data may be used for internal business purposes, including but not limited to analytics, improving AI tools, and enhancing our services, as described in our Privacy Policy. Any session Summaries you generate are automatically removed from our system within 30 days.

We will not use or disclose Your Data except as necessary to provide the Platform, improve our services, or as required by law. All de-identified data will be processed in compliance with applicable laws, and no personal information will be shared without your consent, as per the terms outlined in our Privacy Policy. Any PHI included in Your Data will be processed in accordance with the enclosed Business Associate Agreement (BAA) within Schedule A. If the terms of this agreement conflict with the BAA, the terms of the BAA shall take precedent with respect to the use of and handling of PHI. By agreeing to these Terms of Service, you agree to be legally bound by the terms of the attached BAA.

7. Platform Availability and Changes
We strive to ensure the Platform’s continuous availability, but we do not guarantee uninterrupted access. We may update or modify the Platform at any time without notice. We are not liable for any disruptions or changes that may affect your access to the Platform.

8. Prohibited Conduct
You agree not to:

• Use the Platform for unlawful purposes.

• Upload or transmit harmful content, including malware.

• Use the Platform to gather competitive intelligence or for other unauthorized purposes.

• Violate the intellectual property rights of TheraBee or third parties.

• Engage in any activity that imposes an unreasonable burden on our infrastructure.

9. Ownership and Intellectual Property
The Platform and all materials contained therein, including software, text, images, graphics, audio, video, and other content (collectively, “Content”), are the exclusive property of TheraBee or its licensors. You acknowledge and agree that:

• You hold no ownership rights over the Platform or any Content provided through it.

• Your usage rights are strictly confined to those granted under this agreement and as outlined on the website.

• The Content provided by TheraBee is licensed to you on a non-exclusive, non-transferable, and non-sublicensable basis strictly for your internal business use.

You may not:

• Sell, license, sublicense, transfer, reproduce, modify, distribute, display, or otherwise use the Platform or Content for any public or commercial purposes.

• Post or transmit any Content on any other website or in any networked computer environment for any purpose without our express written permission.

• Copy, reproduce, or download any Content without prior written authorization, except as explicitly permitted within the intended use of the Platform.

All rights not expressly granted to you are reserved by TheraBee and its licensors. Any violation of this section will result in the immediate revocation of your right to access and use the Platform.

We also welcome user feedback and suggestions, but any feedback you provide will be considered non-confidential, and we may use it to improve our products or services without any obligation to compensate you.

10. Warranties and Disclaimers
The Platform is provided “as is” and “as available,” without any warranties, express or implied. We do not guarantee that the Platform will meet your needs, be error-free, or operate without interruption. You use the Platform at your own risk.

11. Limitation of Liability
To the maximum extent permitted by law, TheraBee shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data or profits, arising out of or related to your use of the Platform. Our total liability, regardless of the type of claim, shall not exceed the total fees paid by you in the three (3) months immediately preceding the claim.

12. Indemnification
You agree to indemnify and hold TheraBee harmless from any claims, damages, liabilities, and expenses arising out of your breach of these Terms or your use of the Platform.

13. Termination
You may terminate your use of the Platform at any time by providing notice to TheraBee. We reserve the right to suspend or terminate your access to the Platform if you violate these Terms or if payment obligations are not met.

Upon termination, you will no longer have access to Your Data stored on the Platform. We will delete or anonymize Your Data, except as required by law or for backup purposes.

14. Dispute Resolution and Arbitration
The Services are operated by TheraBee from its offices in Utah, USA. Any disputes arising out of or related to the Terms of this agreement will be resolved through binding arbitration in accordance with the laws of the State of Utah, without reference to choice of law principles. You expressly agree that exclusive jurisdiction for any claim or dispute with TheraBee, these Terms, or your use of our Services resides in the federal and state courts located in the State of Utah, and you do hereby submit to and consent to jurisdiction and venue in the courts of that state. You agree to waive any defense pertaining to jurisdiction and venue. In the event any provision hereof shall be held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.

15. Class Action Waiver
You agree to resolve disputes individually, and not as part of a class or collective action. Any arbitration or legal proceeding will be conducted on an individual basis.

16. Force Majeure
TheraBee is not liable for any delays or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, power outages, internet failures, and other force majeure events.

17. Miscellaneous
These Terms constitute the entire agreement between you and TheraBee. Any amendments must be in writing and signed by both parties. If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

Schedule A: Business Associate Agreement (BAA)

This Business Associate Agreement ("BAA") is entered into by and between Beehive Mental Health LLC dba TheraBee (“Business Associate”) and [Customer Name] (“Covered Entity”), effective as of effective date of the Terms of Service (the “Effective Date”). This BAA is entered into in compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009, and the implementing regulations issued by the U.S. Department of Health and Human Services (HHS) (collectively, the "HIPAA Rules").

RecitalsWHEREAS, the Business Associate provides certain services (the “Services”) to the Covered Entity under one or more service agreements (the “Service Agreements”) and, in providing such Services, Business Associate may receive, use, and disclose Protected Health Information (“PHI”) as defined in 45 CFR §160.103 and in compliance with the HIPAA Rules;

WHEREAS, Covered Entity and Business Associate intend to protect the privacy and provide for the security of PHI disclosed to Business Associate in compliance with the HIPAA Rules and the HITECH Act;

WHEREAS, this BAA sets forth the terms and conditions pursuant to which PHI that is provided by, or created or received by, the Business Associate from or on behalf of Covered Entity will be handled.

NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties agree as follows:

1. Definitions

Terms used but not otherwise defined in this BAA shall have the same meaning as those terms in the HIPAA Rules, including without limitation Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required by Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.

a. Business Associate

“Business Associate” shall generally have the same meaning as the term “business associate” at 45 CFR 160.103 and refers to Beehive Mental Health LLC dba TheraBee.

b. Covered Entity

“Covered Entity” shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103 and refers to the customer of TheraBee, typically a healthcare provider or other entity covered under HIPAA.

c. HIPAA Rules

“HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164, as amended.

2. Obligations of Business Associate

a. Permitted Uses and Disclosures of PHI

Business Associate agrees to use or disclose PHI only as necessary to provide the Services as outlined in the Service Agreements, as permitted by this BAA, or as required by law. Business Associate may use PHI for proper management and administration or to carry out the legal responsibilities of the Business Associate, provided such disclosures are required by law or reasonable assurances are obtained from the recipient that the PHI will remain confidential and used only as required by law.

Business Associate shall have the right to de-identify any and all PHI, provided that the de-identification process meets the requirements of 45 CFR §164.514(a)-(c) (“De-Identified Data”). De-identified data is not subject to the terms of this BAA.

b. Nondisclosure

Business Associate shall not use or disclose PHI other than as permitted by this BAA, the Service Agreements, or as required by law.

c. Safeguards

Business Associate agrees to implement and maintain appropriate administrative, physical, and technical safeguards to ensure the confidentiality, integrity, and availability of PHI, as required by the HIPAA Rules. These safeguards include, but are not limited to:

• Access Control: Ensuring that only authorized personnel have access to PHI.

• Workforce Training: Ensuring all employees handling PHI are trained on their HIPAA obligations and the importance of safeguarding PHI.

• Risk Assessments: Conducting regular risk assessments of its security practices to identify potential vulnerabilities.

• Data Encryption: Ensuring all relevant PHI data is encrypted in transit and at rest using industry-standard encryption technologies.

• Removing Unnecessary PHI: All therapy session transcriptions are coded to remove personally identifiable information such as replacing names with “client”. Records are saved by time and date, rather than by client names of the Covered Entity.

d. Reporting of Unauthorized Disclosures and Breaches

Business Associate agrees to report to Covered Entity any use or disclosure of PHI not provided for by this BAA, including Breaches of Unsecured PHI as required by 45 CFR §164.410. Such notifications must be made without unreasonable delay and no later than ten (10) days after discovery.

e. Business Associate’s Agents and Subcontractors

Business Associate shall ensure that any Subcontractors or agents that create, receive, maintain, or transmit PHI on behalf of the Business Associate agree in writing to the same restrictions, conditions, and requirements that apply to Business Associate under this BAA. Business Associate shall conduct appropriate due diligence on subcontractors to ensure compliance with HIPAA.

f. Availability of PHI to Covered Entity

Business Associate shall make PHI available to Covered Entity or, as directed by Covered Entity, to an Individual in accordance with 45 CFR §164.524, as necessary to satisfy Covered Entity’s obligations to provide access to PHI.

g. Amendment of PHI

Business Associate shall make PHI available for amendment and incorporate any amendments to PHI in a Designated Record Set as directed by Covered Entity in accordance with 45 CFR §164.526.

h. Accounting of Disclosures

Business Associate shall document and provide information related to disclosures of PHI as necessary for Covered Entity to comply with its obligations to provide an accounting of disclosures in accordance with 45 CFR §164.528.

i. Access to Internal Practices, Books, and Records

Business Associate shall make its internal practices, books, and records available to the Secretary of the Department of Health and Human Services (HHS) for purposes of determining compliance with the HIPAA Rules.

j. Mitigation

Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of any unauthorized use or disclosure of PHI by Business Associate in violation of this BAA.

k. Minimum Necessary

Business Associate agrees to limit the use, disclosure, or request for PHI to the minimum necessary to accomplish the intended purpose of the use, disclosure, or request in accordance with 45 CFR §164.502(b).

3. Obligations of Covered Entity

a. Notice of Privacy Practices

Covered Entity shall provide Business Associate with the notice of privacy practices that Covered Entity produces in accordance with 45 CFR §164.520, as well as any changes to such notice.

b. Permissions and Restrictions

Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by an Individual to use or disclose PHI, to the extent that such changes may affect Business Associate’s permitted or required uses or disclosures.

c. Restrictions on Use of PHI

Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR §164.522, to the extent that such restriction may affect Business Associate’s use or disclosure of PHI.

4. Term and Termination

a. Term

The term of this BAA shall commence on the Effective Date and shall remain in effect until the termination of the Service Agreements between the parties or upon the termination of this BAA by either party as set forth below.

b. Termination for Cause

If Covered Entity determines that Business Associate has violated a material term of this BAA and has not cured the breach within thirty (30) days of receiving written notice of the breach, Covered Entity may terminate this BAA and the Service Agreements.

c. Return or Destruction of PHI

Upon termination of this BAA for any reason, Business Associate shall return or destroy all PHI received from Covered Entity, or created or received on behalf of Covered Entity, in accordance with 45 CFR §164.504(e)(2)(ii)(J), unless the retention of PHI is required by law. If returning or destroying PHI is infeasible, Business Associate agrees to extend the protections of this BAA to the retained PHI and limit further uses and disclosures to those purposes that make the return or destruction infeasible. Business Associate must securely isolate retained PHI, document the reason for retention, and commit to a timeline for destruction where applicable.

5. Miscellaneous Provisions

a. Amendment

The parties agree to take such action as is necessary to amend this BAA from time to time as is required by HIPAA, the HIPAA Rules, HITECH, or any other applicable law.

b. Interpretation

Any ambiguity in this BAA shall be resolved in favor of a meaning that complies with the HIPAA Rules. This BAA shall be interpreted in accordance with the HIPAA Rules and HITECH, as amended from time to time.

c. No Third-Party Beneficiaries

Nothing express or implied in this BAA is intended to confer, nor shall anything herein confer, upon any person other than the parties hereto, any rights, remedies, obligations, or liabilities whatsoever.

d. Survival

The obligations of Business Associate under Sections 2(d), 2(f), and 2(h), and any other provisions that by their nature extend beyond the termination of this BAA, shall survive the termination of this BAA.

e. Regulatory References

A reference in this BAA to a section in the HIPAA Rules or HITECH means the section as in effect or as amended, and for which compliance is required.