Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you (“Customer,” “you”) and TheraFluence LLC, doing business as TheraFunnel and TheraFunnel.AI (“TheraFunnel,” “we,” “us”). They govern your use of therafunnel.ai and the TheraFunnel CRM, communications, website, email, marketing, community, and education services (together, the “Services”). By starting a free trial, purchasing a subscription, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. Who These Terms Cover

1.1 Business use. The Services are for business use by licensed professionals, practices, and organizations in the behavioral health, healthcare, and wellness fields. You represent that you are at least 18 years old and have authority to bind yourself or the practice you represent.

1.2 Your users. You are responsible for everyone you allow to use your account (“Authorized Users”), including their compliance with these Terms.

2. The Services

2.1 CRM platform. A HIPAA-ready CRM with pipelines, automations, forms and quizzes, communication history, and reporting.

2.2 Communications. A local phone number and voicemail, two-way text messaging, mobile app access, and bulk email campaigns.

2.3 Email account (Hushmail). The Bundle plan includes an encrypted email account provided through Hushmail (the “Email Service”). The Email Service is provided under an agreement between TheraFunnel and Hushmail, and Hushmail’s terms and policies apply to your use of it. If you will send or store PHI using the Email Service, you must obtain a Business Associate Agreement directly from Hushmail by contacting [email protected]. Any BAA for the Email Service is between you and Hushmail. For technical support with your email account, contact TheraFunnel support first. If you are unable to reach TheraFluence, LLC (the parent company of TheraFunnel.AI) [TheraFluence support phone], you may contact Hushmail Customer Care directly at hushmail.com/contact/support or 1-877-533-4874. The Essential plan does not include the Email Service.

2.4 Website. Website hosting is included in both plans. Done-for-you single-page website design and updates are included in the Bundle plan only.

2.5 Marketing tools. Social media planning and scheduling, weekly ready-to-post content, review and message management, Google Business Profile setup, and email and newsletter templates.

2.6 Community and education. Weekly practice-owner mastermind and live CRM support calls, a private practice community, directory listings (for example IntensiveFinder.com and TheraSwap.com), a continuing education (“CE”) library, annual HIPAA training, and any conference or workshop benefits described on our Pricing page.

2.7 Optional add-ons. Optional paid add-ons, such as the AI receptionist, are described in Schedule A.

2.8 Plan features. Features are those described on our website when you subscribe. We may improve or modify the Services, but will not materially reduce the core functionality of your plan without notice to you.

3. Third-Party Services and Platform Providers

3.1 Providers. We deliver the Services using third-party providers, including our CRM and hosting platform provider, telephone and messaging carriers, Hushmail (email), Stripe (payments), and others. Their terms and policies may apply to your use, and you agree to follow them as they relate to your use (for example, Hushmail’s acceptable use policy and carrier messaging rules).

3.2 No control. We do not control third-party providers and are not responsible for their outages or changes. We may change providers and will try to give you notice and preserve functionality when we do.

4. Accounts and Security

We will provision an account for your practice. You agree to provide accurate information, keep credentials confidential, use multi-factor authentication where available, promptly tell us about unauthorized access, and accept responsibility for all activity under your account. See Section 9.4 for your additional responsibilities regarding access to PHI.

5. Free Trial, Subscription, and Billing

5.1 Free trial. New customers are eligible for one 30-day free trial. A valid payment method is required to start your trial. Unless you cancel before the trial ends, your subscription begins automatically and your payment method will be charged for the first billing period.

5.2 Automatic renewal. Plans are billed monthly in advance and renew automatically each month until you cancel. There is no long-term contract.

5.3 Pricing and promotions. Plan prices are listed in Schedule A. Promotional pricing (such as a “Fall Special”) applies only to the plan, term, and eligibility stated in the offer [promotion dates / eligibility].

5.4 Lifetime Pricing. Where we advertise “Lifetime Pricing,” the monthly base fee for the plan you selected will not increase for as long as your subscription remains continuously active and in good standing. Lifetime Pricing (a) applies only to the base monthly fee, not to Usage Fees, add-ons, pass-through charges, or taxes; (b) ends if you cancel, your subscription lapses, or it is terminated; (c) refers to the life of your subscription, not your lifetime; and (d) does not prevent us from discontinuing a plan on notice, in which case we will offer a comparable plan.

5.5 Usage credit and Usage Fees. Each plan includes a monthly usage credit of $30 applied to phone, text, email, automation, and similar metered usage. Unused credit does not roll over. Usage beyond the credit is billed at the rates in Schedule A (“Usage Fees”). A full list of Usage Fees is maintained in Schedule A.

5.6 Add-ons and pass-through charges. Add-ons are billed at the rates in Schedule A. We pass through third-party charges we incur on your behalf, such as carrier registration and messaging compliance fees, without markup.

5.7 Taxes. Fees are exclusive of applicable sales, use, and similar taxes, which you are responsible for paying.

5.8 Payment and failed payments. You authorize us and our payment processor to charge your payment method for all fees. If a payment fails, we may retry, notify you, and suspend the Services after [7] days past due and terminate after [30] days past due. You remain responsible for unpaid amounts.

5.9 Refunds. Except where required by law or expressly stated, fees are non-refundable, and we do not prorate refunds for partial billing periods.

5.10 Billing disputes. Please contact us at [email protected] before disputing a charge with your card issuer. Chargebacks may result in suspension.

5.11 Price changes. We may change Usage Fees and prices not covered by Lifetime Pricing on at least 30 days’ notice. If you do not agree, you may cancel before the change takes effect.

6. Cancellation and Termination

6.1 Cancel anytime. You may cancel at any time, with no penalty, by [account settings / emailing [email protected]]. Cancellation takes effect at the end of your current billing period and you keep access until then. Cancelling during the free trial means you will not be charged.

6.2 Termination by us. We may suspend or terminate the Services immediately for nonpayment, material breach, violation of Sections 10 or 12, legal or carrier compliance risk, or security threat. We may also terminate for convenience on 30 days’ notice, in which case the Transfer Fee in Section 7 is waived [confirm].

6.3 What happens when service ends. When your subscription ends, your phone number, email, website, automations, and platform access stop working unless you request a transfer under Section 7 or a data export under Section 8. Phone numbers may stop receiving calls and texts, and websites go offline.

6.4 Survival. Sections that by their nature should survive termination (including billing obligations, Section 7, Sections 16 through 19, and 21) survive.

7. Transfer of Phone Numbers, Email, Website, and Other Assets ($199 Transfer Fee)

7.1 What you can transfer. If your subscription ends for any reason, you may request transfer of the following, to the extent they were provisioned for your account and are technically transferable (“Transferable Assets”):

• Phone numbers. Each local or toll-free number assigned to your account, released for porting to the carrier you designate.
• Domain names. Any domain registered through us on your behalf, transferred to the registrar you designate. For domains you registered yourself, we will provide the DNS information needed to repoint them.
• Website. An export of your website content (text, images, and media files).
• Email. Transfer of your Hushmail account(s) to you or a provider you designate, or, where transfer is not available, an export of your mailbox contents in a standard format.
• Other assets agreed in writing.

7.2 Transfer Fee. A one-time fee of $199 per Customer account (the “Transfer Fee”) covers all Transferable Assets in a single Transfer Request. The Transfer Fee is payable in advance by card and is non-refundable once work begins, except that we will refund it if we are unable to complete the transfer because of our own failure.

7.3 How to request. Email [email protected] with the subject “Transfer Request” before, or within [30] days after, the effective date of cancellation. Include your account name, the assets to be transferred, and the receiving carrier, registrar, or provider details and authorizations we need (for example, a signed Letter of Authorization, account number and PIN for a number port, or domain authorization codes).

7.4 Timing. We will begin within [3] business days after receiving payment and all required information, and aim to complete the transfer within [10] business days. Carriers, registrars, and providers set their own timelines, and we are not responsible for delays outside our control.

7.5 Continuity during transition. To help avoid interruption, we will keep Transferable Assets active from the date we receive your Transfer Request and payment until the transfer completes, for up to [30] days (the “Transition Period”), at no additional subscription fee. Usage Fees and pass-through charges continue to apply.

7.6 Limitations.

• Unpaid balances must be paid before a transfer is completed.
• Number portability is governed by carrier and FCC rules. Numbers that cannot be ported will be identified to you, and we will help you choose alternatives where possible.
• The website builder, templates, page layouts, funnels, workflows, automations, and other software on our platform are licensed to you only during your subscription and are not transferable. Your website export includes content and media, not a working copy of your site on our platform, so your site may need to be rebuilt at its new home. Third-party assets (such as stock photos and fonts) may carry their own license limits. [Confirm what your platform can actually export]
• Email transfers are subject to Hushmail’s technical capabilities and terms.
• We do not transfer CRM workflows or snapshots, templates and course content licensed from us, community memberships, directory listings, or subscription-based tools. You keep CE certificates you have already earned.

7.7 No hostage-taking. Other than unpaid amounts, we will not withhold Transferable Assets because of any dispute.

7.8 Unclaimed assets. If we do not receive a Transfer Request within [30] days after your subscription ends, we may release phone numbers back to the carrier, allow domains registered through us to expire, and delete website and email data, subject to Section 8 and your BAA. We will send a reminder about [7] days beforehand.

7.9 Relationship to your data rights. The Transfer Fee covers assisted migration of the assets above only. It does not limit the Standard Data Export in Section 8.2 or any right to return or destruction of protected health information under your BAA, and no fee is required for those.

8. Your Data

8.1 Ownership. You own the data you and your Authorized Users put into the Services, including contacts, client information, messages, notes, form responses, and uploaded content (“Customer Data”). You grant us a limited license to host, process, and transmit Customer Data solely to provide the Services. We will not use or disclose protected health information except as permitted by the BAA and law.

8.2 Standard Data Export. During your subscription you may export data using the platform’s tools. For 30 days after termination, on request, we will provide an export of your contacts, notes, conversation history, and form submissions in CSV or a similar standard format at no charge.

8.3 Retention and deletion. After the post-termination period, we will delete or de-identify Customer Data within [30] days, and purge it from backups within [90] days, except where the law or a legal hold requires otherwise, and in accordance with your BAA.

8.4 Your record-keeping duties. You are responsible for meeting the record-retention rules that apply to you, including state licensing and clinical record requirements. Export what you need before your subscription ends.

9. HIPAA and the Business Associate Agreement

9.1 BAA required. If you are a covered entity or business associate and will store or transmit protected health information (“PHI”) in the Services, you must sign our Business Associate Agreement (“BAA”) before entering any PHI. We provide the BAA during onboarding at no additional charge. If there is a conflict between the BAA and these Terms regarding PHI, the BAA controls.

9.2 Our role. As your business associate, we will maintain safeguards for PHI as described in the BAA and our HIPAA Notice, and we bind our subcontractors that handle PHI with appropriate agreements, including a Business Associate Agreement on file with our CRM platform provider. The Hushmail email account is covered by a separate BAA between you and Hushmail (see Section 2.3).

9.3 Your responsibilities. You are responsible for:

• determining whether HIPAA applies to you and meeting your own obligations, including your Notice of Privacy Practices, policies, risk analysis, and workforce training;
• configuring users and permissions and applying the minimum-necessary standard;
• using only HIPAA-enabled features for PHI;
• obtaining any patient consents or authorizations needed for electronic communications and marketing, and informing patients about the risks of unencrypted texting and email;
• not collecting PHI through our marketing website, public forms, or social media integrations unless we identify the feature as covered by the BAA;
• responding to requests from your patients or clients; and
• promptly notifying us of any suspected security incident.

9.4 Access control and safeguards: your sole responsibility. You are 100% responsible for all access to PHI that you grant or allow through your account, whether to your workforce, contractors, vendors, or anyone else. This includes, without limitation: deciding who receives a user account and what permissions they hold; applying the minimum-necessary standard to every access grant; requiring unique credentials for every user and prohibiting shared logins; enabling multi-factor authentication; using strong passwords and protecting them; securing every device and network used to reach the Services; training your workforce on HIPAA and your policies; promptly removing or restricting access when a person changes roles or leaves; regularly reviewing user lists, permissions, and audit logs; and implementing the administrative, physical, and technical safeguards that HIPAA requires of you. We are not responsible for any use, disclosure, or loss of PHI that results from access you grant, credentials you or your users share or fail to protect, permissions you configure, or safeguards you fail to implement. You must notify us immediately of any suspected unauthorized access.

9.5 Not an EHR. The Services are a CRM and communications platform. They are not an electronic health record or clinical record system, and you should not rely on them as the sole repository of clinical records.

9.6 No compliance guarantee. Using the Services does not by itself make you HIPAA compliant, and nothing in the Services or our materials is legal advice. Please consult your own counsel.

9.7 Features outside the HIPAA environment. Third-party integrations, social media platforms, AI features (except as designated in writing), community and mastermind forums, and support calls are not designed for PHI. Do not share PHI there.

9.8 Stricter laws. If you handle records subject to stricter rules, such as 42 C.F.R. Part 2 (substance use disorder records) or state mental health confidentiality laws, you are responsible for compliance, and you should contact us before storing those records in the Services.

10. Communications Compliance

10.1 You are the sender. You are solely responsible for the calls, texts, and emails you send or record using the Services, and for complying with the Telephone Consumer Protection Act (TCPA), CAN-SPAM, state telemarketing and “mini-TCPA” laws, Do Not Call rules, carrier and CTIA guidelines, call-recording and wiretap consent laws, and the advertising rules of your licensing board.

10.2 Consent and opt-outs. Only message people who have given the consent the law requires, honor opt-out requests (such as STOP) promptly, and do not send prohibited content.

10.3 Carrier registration. U.S. carriers require businesses to register before sending text messages (A2P 10DLC or toll-free verification). You must provide accurate business information. Approval is up to carriers, timelines vary from days to weeks (and healthcare programs can receive additional review), and we do not guarantee approval or timing. Texting may be unavailable until registration is approved. Registration and carrier fees are passed through as described in Schedule A.

10.4 Suspension. We or our carriers may suspend messaging for complaints, filtering, or violations.

10.5 Not for emergencies. Phone, text, voicemail, and AI features are not monitored around the clock and must not be used for emergency or crisis communications. You are responsible for your own crisis protocols and for telling clients to call 911 or 988 in an emergency.

11. AI Features

11.1 Optional and imperfect. The optional AI receptionist and any AI-assisted features use third-party AI models. Outputs may be inaccurate or incomplete. You are responsible for reviewing your configuration and scripts, and for any disclosures the law requires (for example, telling callers they are speaking with an AI, and obtaining consent for recording or transcription).

11.2 No PHI unless designated. Unless we designate a specific AI feature in writing as covered by the BAA [current status], do not configure or use it to collect or process PHI.

11.3 Not clinical. AI features do not provide clinical advice, triage, or crisis response. Configure them to direct urgent callers to 911, 988, or your emergency line.

12. Acceptable Use

You agree not to use the Services to: violate any law or third-party right; send spam or deceptive, harassing, or fraudulent messages; make misleading claims about credentials or treatment outcomes; upload malware; test or attack our security without permission; resell or sublicense the Services; build a competing product; abuse or overload the platform; or send PHI outside the protections described in Section 9. We may remove content or restrict access that violates this Section.

13. Ownership and Licenses

13.1 Our property. We and our licensors own the Services, templates, weekly content, tutorials, CE materials, and related intellectual property. During your subscription we grant you a limited, non-exclusive, non-transferable license to use them for your own practice. You may not resell or redistribute them. Content you published from our templates during your subscription may remain in your channels.

13.2 Your marks. You grant us a limited license to display your practice name and logo as needed to provide the Services, and, only with your consent, in testimonials.

13.3 Feedback. You grant us a license to use feedback you give us without obligation to you.

14. Community, Directory Listings, and Continuing Education

14.1 Community. Be respectful, do not post PHI or confidential client information, and do not solicit members. Member opinions are their own and are not vetted by us. We may remove content or members.

14.2 Directory listings. Listings you provide (for example on IntensiveFinder.com and TheraSwap.com) must be accurate and comply with your licensing board’s advertising rules. We may edit or remove listings, and we do not guarantee referrals, traffic, or ranking. Listing benefits are available while your subscription is active.

14.3 Continuing education. CE content is educational. Whether CE hours are accepted varies by licensing board and profession, and it is your responsibility to confirm acceptance before relying on them. Unless we identify an approving organization for a course, we make no representation about approval. [Add CE provider / approving body details] Conference and workshop benefits are subject to the applicable event terms.

14.4 Not professional advice. Marketing, practice-management, billing, insurance, and compliance guidance we provide is informational and is not legal, financial, or clinical advice.

15. Support and Availability

We provide support by email and through live weekly calls [support hours]. We use commercially reasonable efforts to keep the Services available but do not guarantee uninterrupted service, and scheduled maintenance and third-party outages may occur. Our “up and running in 24 hours” goal is a target that depends on you supplying information promptly and on third-party steps such as carrier registration and domain DNS changes, which are outside our control.

16. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee any business result, including new clients, revenue, search rankings, or review outcomes. Price comparisons and savings claims on our website are based on publicly available information when published and are illustrative; your actual costs and savings will vary.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE [12] MONTHS BEFORE THE CLAIM AROSE. Some jurisdictions do not allow certain limitations, so parts of this Section may not apply to you. Liability arising under the BAA is governed by the BAA. [Attorney: confirm cap and carve-outs]

18. Indemnification

You will defend and indemnify TheraFluence LLC, its owners, and its personnel against claims, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Services, your content and communications (including TCPA and similar claims), your violation of law or these Terms, or your failure to meet your obligations as a covered entity or business associate.

19. Dispute Resolution and Governing Law

19.1 Governing law. These Terms are governed by the laws of the State of [State], without regard to conflict-of-law rules.

19.2 Informal resolution. Before filing a claim, each party agrees to try to resolve the dispute informally for at least 30 days after written notice.

19.3 Forum. [Option A: binding individual arbitration under AAA Commercial Rules with a class-action waiver, excluding small-claims and IP claims. Option B: exclusive jurisdiction of the state and federal courts in [County, State]. Attorney to choose.]

20. Changes to These Terms

We may update these Terms from time to time. For material changes, we will give at least 30 days’ notice by email or in your account. Continued use after the effective date means you accept the updated Terms. If you do not agree, you may cancel before the change takes effect.

21. General Terms

These Terms, Schedule A, the Privacy Policy, and the BAA are the entire agreement between us on their subject. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale. Neither party is liable for delays caused by events beyond its reasonable control. If any provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver. You consent to receive notices electronically, and electronic signatures are binding. There are no third-party beneficiaries. We are independent contractors, not partners or agents.

22. Contact Us

TheraFluence LLC, doing business as TheraFunnel and TheraFunnel.AI
10311 W. Markham, Little Rock, AR 72205
[email protected]

Legal notices may be sent to the mailing address above.

Schedule A — Plans, Usage Fees, and Add-Ons

All prices are in U.S. dollars and exclusive of taxes.

Plans

Monthly usage credit

$30 per month, applied to Usage Fees below.

Usage Fees (after credit is used)

Add-ons and one-time fees

Usage Fees and add-on rates may change on 30 days’ notice under Section 5.11.