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Terms of Use

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Terms of Service

Effective Date:  February 2025
Last Updated:  February 2025

Welcome to the Theryo Consulting LLC (“Theryo”, “we”, “our”) website located at www.theryo.ai (the “Site”). Please read these Terms of Service (the “Terms”) and our Privacy Policy  carefully because they govern your use of our Site, our mobile application (“App”), and all services provided through our Platform (collectively, the “Services”).

IMPORTANT NOTICE REGARDING ARBITRATION:
When you agree to these Terms, you are agreeing (with limited exceptions) to resolve any dispute between you and Theryo through binding, individual arbitration rather than in court. Please review the “Dispute Resolution” section below for details regarding arbitration.


1. Our Services

Theryo provides a digital mental health SaaS platform offering features such as personalized therapist matching, session optimization, self‑reflection tools, and AI‑driven journal analysis to support and enhance the therapy experience. Our Services also include educational content related to mental health and therapy.

1.1 Clinical Decision Support Software Classification

Theryo functions as non‑regulated clinical decision support (CDS) software that is designed to support the clinical judgment of licensed healthcare providers rather than replace it. The Platform’s AI‑driven tools provide decision‑support insights intended solely for provider review. They are not intended to independently diagnose or treat any condition and do not substitute for professional healthcare advice.

1.2 Emergency Situations and Crisis Protocols

If you experience a mental health crisis or suicidal ideation, please immediately call 911 or your local emergency services. Additionally, if you require immediate mental health assistance, please contact the 988 Suicide & Crisis Lifeline (available in many regions) or follow your local emergency protocols.
Provider Crisis Protocols:

1.3 Provider–Patient Relationship

The relationship between you (as a user of the Theryo Platform) and your healthcare provider is separate and independent from your relationship with Theryo. Theryo’s Services are designed to facilitate communication and provide clinical decision support exclusively to providers. Any clinical care, diagnosis, or treatment decisions are made solely between you and your licensed healthcare provider. AI‑assisted insights are offered solely as support and do not replace direct provider evaluation.


2. Agreement to Terms

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, please do not use our Services.


3. Changes to Terms or Services

We may modify these Terms at any time, in our sole discretion. If modifications are made, we will notify you by posting the updated Terms on the Site or through other communications. Continued use of the Services after changes are posted constitutes your acceptance of the updated Terms. Because our Services evolve over time, we may change or discontinue any part of the Services without notice.


4. Who May Use the Services

4.1 Eligibility

The Services are available only in certain geographic areas and through authorized healthcare providers. You may use the Services only if you are 18 years or older, capable of forming a binding contract with Theryo, and not otherwise barred under applicable law. Adults may use our Services for their minor dependents, subject to applicable legal requirements.

4.2 Registration and Your Information

To access the Services, you must create an Account and provide accurate, complete, and up‑to‑date information. You agree to update your Account information as necessary. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. Please report any unauthorized use immediately to Theryo.


5. Fees and Payment

You are solely responsible for any fees associated with using the Services. Subscription charges will be billed using the payment method you provide. All payments are non‑refundable and non‑transferable except as expressly provided in these Terms. All fees and applicable taxes are payable in United States dollars. Theryo does not bill any government payors nor receive reimbursements from government entities.


6. Health‑Related Content and Disclaimers

6.1 Informational Purpose and Limitations

All health‑related content available via the Services is provided for informational purposes only. It does not constitute professional medical advice, diagnosis, treatment, or recommendations. You should always consult a qualified healthcare provider regarding any health or medical concerns. Nothing on the Services creates a provider–client relationship between you and Theryo.

6.2 Mental Health Data Protection

Certain categories of health information, such as psychotherapy notes and substance use disorder records (if applicable), are subject to enhanced legal protections. By using the Services, you acknowledge that such data will be handled in compliance with:


7. AI and Automated Processing

7.1 Use of AI

The Services incorporate AI‑driven and automated processing features to assist licensed healthcare providers by generating clinical insights and supporting decision‑making. These features include automated text and voice analysis and the generation of clinical recommendations.
Limitations and Risk Disclosure:


8. Data Rights and Access

In compliance with the 21st Century Cures Act (including Sections 4004 and 4006), you have the right to access your health information in a usable format and request data portability. Providers have access rights to the data necessary for clinical care. Such rights will be exercised in accordance with applicable law and our Privacy Policy.


9. Compliance Framework

Theryo’s Services are designed and maintained in accordance with a robust compliance framework that includes:


10. Liability and Indemnification

10.1 Limitation of Liability

THE SERVICES AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. THERYO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THERYO OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES, INCLUDING DAMAGES RELATED TO MENTAL HEALTH RISKS, AI‑GENERATED INSIGHTS, or crisis situations. Your sole remedy for any dissatisfaction is to discontinue use of the Services.

10.2 Indemnification

You agree to indemnify, defend, and hold harmless Theryo, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, losses, liabilities, expenses, or damages (including attorneys’ fees) arising from:


11. Dispute Resolution

11.1 Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) shall be resolved solely by binding, individual arbitration in accordance with the U.S. Federal Arbitration Act and the rules of the American Arbitration Association (“AAA”). Both parties waive the right to a trial by jury or class action.
Exceptions:

11.2 Arbitration Process and Costs

Arbitration will be conducted under the current AAA Consumer Arbitration Rules. The arbitrator shall have exclusive authority over all disputes. Costs will be allocated according to the AAA Rules; if Theryo prevails, we will cover our reasonable attorneys’ fees. Arbitration hearings will be held in the county where you reside unless mutually agreed otherwise.

11.3 Class Action Waiver and Severability

Both parties agree to waive any right to a class or representative action. If any provision of this dispute resolution section is held unenforceable, the remaining provisions will continue in full force.


12. General Terms

These Terms constitute the entire agreement between you and Theryo regarding your use of the Services and supersede all prior agreements. You may not assign or transfer these Terms without our written consent. Notices regarding these Terms will be provided via email or posted on the Services. Theryo’s failure to enforce any provision shall not be deemed a waiver. Any waiver must be in writing and signed by a duly authorized representative.


13. Messaging

By opting in to receive SMS messages from Theryo, you agree to receive account-related, operational, and promotional messages. Text messages may be generated by automatic dialing systems. Standard message and data rates apply. To opt out, follow the instructions provided in the messages (e.g., text “STOP”). For additional details regarding messaging practices, please refer to our Privacy Policy.


14. Third-Party Content and Links

The Services may include content created by third parties (“Sponsors”) and links to external websites. Theryo does not control or endorse such content, and you use it at your own risk. Theryo is not responsible for the accuracy or reliability of any third-party content or links.


15. Termination

Theryo may terminate or suspend your access to the Services at any time, with or without notice, for any reason, including a breach of these Terms. You may cancel your Account by contacting [email protected]. Upon termination, all provisions of these Terms that should reasonably survive termination will continue to apply.


16. Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. THERYO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT. THERYO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Reliance on the Services is at your sole risk.


17. Limitation of Liability

IN NO EVENT SHALL THERYO OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES, INCLUDING DAMAGES RELATED TO MENTAL HEALTH RISKS OR AI-GENERATED INSIGHTS, EVEN IF THERYO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your total liability shall not exceed the amount you have paid to Theryo for the Services in the six (6) months preceding the claim, or $100 if no payment was made, whichever is greater.


18. Additional Healthcare and Digital Health Provisions

18.1 Data Rights and Access

In accordance with the 21st Century Cures Act (including Sections 4004 and 4006), you have the right to access your health information in a usable format and request data portability. Providers have appropriate access rights to the data necessary for clinical care, subject to applicable law and our Privacy Policy.

18.2 Compliance with Healthcare Regulations

Theryo adheres to all applicable healthcare regulations, including HIPAA, HITECH, state telemedicine laws, mental health practice regulations, and interstate practice and professional licensing requirements. We implement robust compliance measures to ensure our Services meet these standards.

18.3 Liability and Indemnification for Healthcare-Specific Risks

Notwithstanding other provisions, you acknowledge that the risks associated with using the Services—particularly regarding mental health data, AI-generated insights, and crisis situations—are inherent. Providers are solely responsible for clinical decisions and care. You agree to indemnify and hold Theryo harmless from any claims arising from your misuse of the Services or breach of these Terms, except as limited by applicable law.

18.4 Interstate Practice

Providers using the Services must comply with geographic limitations and state-specific licensing requirements. The therapeutic relationship is deemed to occur in the state where the provider is licensed and where clinical services are rendered. Providers are responsible for ensuring that any cross-border data handling complies with applicable laws.

18.5 AI Risk Disclosure

In addition to Section 7, users are hereby informed that AI-generated outputs are subject to potential errors or limitations. Examples include, but are not limited to, recommendations that may not account for the full clinical context. Providers must not rely solely on AI insights and must exercise their professional judgment. Any AI-related concerns or discrepancies should be reported to [email protected].

18.6 Research and Data Usage

Theryo may use de-identified data for research purposes in accordance with Section 2011 of the 21st Century Cures Act. Users have the option to opt out of research participation by following the procedures detailed in our Privacy Policy. All data aggregation and analysis is performed in a manner that prevents re-identification, and all research activities comply with ethical standards and applicable regulations.

18.7 Security Breach Protocol

In the event of a security breach involving your personal data, Theryo will notify affected users in accordance with applicable law and within a specified timeframe (e.g., within 72 hours of discovery). Theryo will take prompt steps to mitigate the breach, investigate its cause, and implement remedial measures. Users will be informed of the nature of the breach and provided with recommendations for protecting their data.

18.8 Documentation Retention and Data Deletion

Theryo will retain records and data only as long as necessary to fulfill the purposes outlined herein and to comply with legal and regulatory obligations. Users have the right to request deletion of their records, subject to any mandatory retention requirements. Providers may access historical data necessary for clinical care in compliance with applicable laws and our Privacy Policy.

18.9 Regulatory Updates

Theryo will monitor and comply with new regulatory developments. Any material regulatory changes that affect the Services will be communicated to users via the Site or email. Users will be provided with updated terms or consent forms as required, and a timeline for compliance with new regulations will be established.


19. Contact Information

If you have any questions about these Terms or the Services, please contact Theryo at:
Email: [email protected]

For any concerns related to privacy, data security, or regulatory compliance, please use the appropriate reporting channels as described in our Privacy Policy.


By using the Theryo Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. Thank you for choosing Theryo.

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