Terms of Service

Effective Date: November 29, 2025
Last Updated: November 29, 2025

Agreement to Terms

By accessing or using MySensoryBook ("the Platform," "our Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Platform.

Who These Terms Apply To:

• Occupational therapists and healthcare providers ("Practitioners")
• Clinic owners and administrators ("Clinic Customers")
• Parents and guardians accessing patient portals ("Parents")
• Any other authorized users

Changes to Terms:

• We may modify these Terms at any time
• Material changes will be communicated via email or in-app notification
• Continued use after changes constitutes acceptance
• If you don't agree to changes, you must stop using the Service

Definitions

• "Account" - Your registered user account on MySensoryBook
• "Patient Data" - Information about patients entered into the Platform, including sensory journals, notes, and personal information
• "Protected Health Information" or "PHI" - Patient data that is protected under HIPAA
• "AI Generation" - Each time our AI creates or recreates a sensory journal (whether saved or not)
• "Saved Journal" - A finalized sensory journal saved to a patient's record
• "Subscription" - Your paid plan (Community, Professional, Clinic, or Enterprise)
• "Content" - All data, text, images, and other materials you create or upload to the Platform

Eligibility and Account Registration

Practitioner Accounts

Eligibility Requirements:

• Must be a licensed occupational therapist or authorized healthcare provider
• Must be legally authorized to practice in your jurisdiction
• Must be at least 18 years old
• Must comply with all applicable healthcare regulations

Account Registration:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• You are responsible for all activity under your account

Professional Responsibility:

• You are solely responsible for the clinical care you provide
• MySensoryBook is a tool to support your practice, not a replacement for professional judgment
• You must comply with all licensing requirements and scope of practice
• You must obtain necessary consents from patients/parents

Clinic Accounts

Additional Requirements:

• Clinic owner or authorized administrator must register
• Responsible for managing user access within clinic
• Responsible for ensuring all clinic users comply with these Terms
• Must have proper business licenses and insurance

Parent/Guardian Accounts

Limited Access:

• Parents access the Platform only through secure portal links
• Access limited to their child's information only
• No ability to modify patient data
• Access can be revoked by the treating therapist at any time

Subscription Plans and Billing

Plan Types

Billing Terms

Payment Processing:

• Payments processed through Polar.sh
• You authorize recurring charges to your payment method
• Prices subject to change with 30 days notice (existing customers grandfathered)

Billing Cycles:

• Monthly: Charged on the same day each month
• Annual: Charged annually with 20% discount
• Pro-rated charges for mid-cycle plan changes

Usage-Based Charges:

• Additional AI generations beyond your plan's included amount
• Charged at the end of your billing cycle
• Professional: $0.20 per additional generation
• Clinic: $0.15 per additional generation

Failed Payments:

• We will attempt to charge your payment method up to 3 times
• Account may be suspended after 3 failed attempts
• You will be notified via email before suspension
• A $5 failed payment fee may apply

Refunds:

• 30-day money-back guarantee for first-time subscribers
• Refunds pro-rated for annual plans if canceled within 30 days
• No refunds after 30-day period (you may cancel to avoid future charges)
• Usage-based charges (overage generations) are non-refundable

Taxes:

• Prices do not include applicable taxes
• You are responsible for all sales, use, and other taxes
• Tax rates determined by your billing address

Usage Limits and Fair Use

Generation Limits

How It Works:

• Each time you click "Generate" or "Regenerate" counts as 1 generation
• Average: 2.5 generations per saved journal
• Saved journals are unlimited (do not count toward limit)
• Limits reset on the 1st day of each month

Overage Charges:

• If you exceed included generations, additional charges apply
• You will be notified at 80% and 100% of your limit
• Overage charges appear on your next invoice
• No interruption of service when you exceed limit

Fair Use Policy

Prohibited Uses:

• Do not use automated scripts to generate excessive journals
• Do not share your account credentials with others
• Do not create multiple accounts to circumvent limits
• Do not use the Platform for any illegal or unauthorized purpose
• Do not attempt to reverse engineer or scrape our Service

Account Suspension:

• We reserve the right to suspend accounts that violate fair use
• We will investigate suspected abuse and provide notice before suspension
• Repeated violations may result in account termination

Acceptable Use Policy

Permitted Uses

You may use MySensoryBook to:

• Create sensory journals for your patients as part of clinical care
• Document sensory processing assessments
• Communicate with parents through the portal
• Manage your practice or clinic
• Export data for clinical or business purposes

Prohibited Uses

You may NOT use MySensoryBook to:

Enforcement

Violations may result in:

• Warning and request to cease activity
• Temporary suspension of account
• Permanent termination of account
• Legal action if necessary
• Reporting to professional licensing boards (for healthcare violations)

Intellectual Property Rights

Our Intellectual Property

MySensoryBook Owns:

• The Platform, website, and all related software
• Our trademarks, logos, and branding
• The AI models and algorithms we've developed
• Documentation, tutorials, and other materials we create
• The "look and feel" of the Platform

Your License:

• We grant you a limited, non-exclusive, non-transferable license to use the Platform
• This license is for your internal business/clinical use only
• You may not modify, copy, or distribute our intellectual property
• License terminates when your subscription ends

Your Content and Data

You Own:

• All patient data you enter into the Platform
• Sensory journals you create (content of the journals)
• Notes, observations, and other content you upload
• Your practice's branding and materials

License You Grant Us:

• You grant us a license to host, store, and process your content to provide the Service
• We may use anonymized, aggregated data for analytics and improvements
• We will not use identifiable patient data for any purpose other than providing the Service
• This license ends when you delete your content or close your account

AI-Generated Content:

• Visual sensory journals are generated using AI based on your input
• You own the resulting journals and may use them in your practice
• We retain rights to the underlying AI technology
• Generated content may not be identical due to AI variability

Feedback and Suggestions

If you provide feedback:

• We may use your suggestions to improve the Platform
• You grant us an unlimited, royalty-free license to use feedback
• We are not obligated to implement suggestions or provide compensation

Privacy and Data Protection

Our Commitments

Privacy Policy:

• Our full Privacy Policy is incorporated into these Terms
• We comply with HIPAA and applicable data protection laws
• We implement strong security measures to protect your data
• We will never sell your patient data

HIPAA Compliance:

• We sign Business Associate Agreements (BAAs) with healthcare customers
• We maintain appropriate safeguards for Protected Health Information
• We will report breaches as required by law
• We will cooperate with your HIPAA compliance efforts

Your Responsibilities:

• Obtain necessary patient consents for data collection
• Comply with HIPAA and other applicable privacy laws
• Protect your account credentials
• Use the Platform in accordance with your privacy obligations
• Notify us of any suspected security breaches

Data Security

Our Measures:

• Encryption in transit (TLS/SSL) and at rest (AES-256)
• Regular security audits and testing
• Access controls and authentication
• Monitoring and intrusion detection
• Disaster recovery and backups

Your Measures:

• Use strong, unique passwords
• Enable multi-factor authentication (when available)
• Keep your devices secure
• Log out when using shared computers
• Report suspicious activity immediately

Data Retention and Deletion

Active Accounts

While Your Account is Active:

• Your data is stored securely and available to you
• You can export your data at any time
• You can delete individual patient records anytime
• We perform regular backups for disaster recovery

Account Closure

When You Close Your Account:

• Patient data deleted within 30 days of account closure
• Billing records retained for 7 years (legal requirement)
• Some data may be retained in backups for up to 90 days
• Anonymized analytics data may be retained indefinitely

How to Close Your Account:

• Use the account deletion feature in settings, or
• Email support@mysensorybook.com with deletion request
• Account closure is irreversible (data cannot be recovered)

Data Portability

You Can Export:

• All patient records in PDF or CSV format
• Sensory journals as image files
• Contact information and session notes
• Request a full data export anytime

Professional and Clinical Responsibilities

Your Responsibilities as a Healthcare Provider

Clinical Judgment:

• MySensoryBook is a tool to support your professional practice
• You are solely responsible for all clinical decisions
• Do not rely solely on AI-generated content for clinical assessment
• Always use your professional judgment and training

Scope of Practice:

• Use the Platform only within your scope of licensure
• Comply with all applicable laws and regulations
• Maintain appropriate professional liability insurance
• Follow ethical guidelines of your profession

Patient Consent:

• Obtain informed consent from patients/parents before using the Platform
• Explain how patient data will be used and stored
• Provide patients with privacy notices as required by law
• Respect patient requests regarding data use

Documentation:

• Maintain accurate and complete patient records
• Document clinical findings and interventions appropriately
• Comply with record-keeping requirements in your jurisdiction
• Store records for the legally required retention period

Limitations of the Platform

What MySensoryBook Is NOT:

• Not a diagnostic tool (it supports assessment, doesn't replace it)
• Not a substitute for professional clinical judgment
• Not a replacement for in-person evaluation
• Not approved or cleared by the FDA for any medical purpose
• Not a medical device

AI Limitations:

• AI-generated journals are based on algorithms and may contain errors
• Visual representations are interpretive, not literal
• Results may vary with different inputs
• AI cannot replace human clinical expertise

Disclaimers and Limitations of Liability

Service Provided "AS IS"

No Warranties:

• The Platform is provided "as is" and "as available"
• We do not warrant that the Service will be uninterrupted or error-free
• We do not guarantee any specific results from using the Platform
• We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose

Technology Limitations:

• AI-generated content may not always be accurate or appropriate
• System availability may be affected by maintenance, outages, or technical issues
• Third-party services (payment processing, AI providers) may experience disruptions

Limitation of Liability

To the Maximum Extent Permitted by Law:

• Our total liability is limited to the amount you paid in the 12 months before the claim
• We are not liable for indirect, incidental, consequential, or punitive damages
• This includes lost profits, data loss, or business interruption
• These limitations apply even if we were advised of the possibility of damages

Exceptions:

• Nothing in these Terms limits liability for death or personal injury caused by negligence
• Nothing limits liability for fraud or fraudulent misrepresentation
• Some jurisdictions do not allow limitation of certain damages, so these limitations may not apply to you

Your Assumption of Risk

By using MySensoryBook, you acknowledge:

• You understand the Platform's limitations
• You will not rely solely on AI-generated content for clinical decisions
• You are responsible for verifying information and using professional judgment
• You assume all risks associated with using the Platform in your practice

Indemnification

You Agree to Indemnify and Hold Harmless:

• MySensoryBook, its affiliates, and their officers, employees, and agents
• From any claims, damages, losses, liabilities, and expenses (including legal fees)
• Arising from:
  • Your use of the Platform
  • Your violation of these Terms
  • Your violation of any laws or regulations
  • Claims by your patients or third parties related to your use of the Service
  • Your negligence or misconduct

We Will:

• Notify you promptly of any claim
• Cooperate with your defense of the claim
• Have the right to participate in defense at our expense

This indemnification survives termination of these Terms.

Dispute Resolution

Informal Resolution

First Step:

• Contact us at support@mysensorybook.com to resolve disputes
• We will work in good faith to resolve issues informally
• Most disputes can be resolved this way

Arbitration Agreement

If Informal Resolution Fails:

• Disputes will be resolved through binding arbitration
• Arbitration will be conducted by the American Arbitration Association (AAA)
• Arbitration will be held in [jurisdiction] or remotely
• You and MySensoryBook each pay your own arbitration costs for claims under $10,000

What's Covered:

• Any dispute arising from or relating to these Terms or the Service
• Claims of breach of contract, tort, fraud, or statutory violation

Exceptions (Not Subject to Arbitration):

• Small claims court actions (if they qualify)
• Injunctive relief for intellectual property infringement
• Claims that cannot legally be arbitrated

Class Action Waiver:

• You agree to arbitrate disputes individually, not as a class action
• No consolidation of claims with other users
• This does not prevent you from participating in class actions unrelated to MySensoryBook

Opt-Out:

• You may opt out of arbitration by emailing legal@mysensorybook.com within 30 days of account creation
• Include "Arbitration Opt-Out" in subject line with your name and account email

Governing Law

Jurisdiction:

• These Terms are governed by the laws of [State], United States
• Excluding conflict of law provisions
• Any arbitration or court proceedings will be in [jurisdiction]

Termination

Termination by You

You May Cancel Anytime:

• Cancel your subscription through account settings
• Email support@mysensorybook.com to request cancellation
• Cancellation effective at end of current billing period
• You may continue to use the Service until the end of your paid period

No Refunds (Except as Stated):

• Monthly subscriptions are non-refundable (except 30-day guarantee)
• Annual subscriptions pro-rated only if canceled within 30 days
• Usage-based charges (overages) are non-refundable

Termination by Us

We May Suspend or Terminate Your Account If:

• You violate these Terms
• You fail to pay fees when due
• Your use creates security or legal risks
• We're required to do so by law
• We discontinue the Service (with 90 days notice)

Effect of Termination:

• Your access to the Platform will be disabled
• Your data will be deleted as described in Data Retention section
• You must pay any outstanding fees
• Provisions that should survive termination will remain in effect

Survival

The Following Provisions Survive Termination:

• Payment obligations for services already provided
• Intellectual property rights
• Disclaimers and limitations of liability
• Indemnification obligations
• Dispute resolution procedures

Changes to the Service

We May:

• Modify features or functionality of the Platform
• Add or remove features
• Change pricing for new subscriptions (existing customers grandfathered)
• Discontinue the Service (with 90 days notice and option to export data)

We Will:

• Notify you of material changes
• Give you opportunity to cancel if you don't agree to changes
• Maintain backward compatibility when reasonably possible

We Are Not Obligated To:

• Maintain any particular feature
• Support specific workflows indefinitely
• Provide upgrades or new features to all plan tiers

Third-Party Services and Integrations

Third-Party Services We Use

Payment Processing:

• Polar.sh (payment gateway)
• Subject to Polar.sh's terms and privacy policy
• We are not responsible for Polar.sh's actions or policies

AI Services:

• OpenAI or Anthropic (journal generation)
• Subject to their respective terms and policies
• We send only anonymized sensory descriptions

Other Services:

• Cloud hosting (AWS or similar)
• Email delivery services
• Analytics services

Your Responsibility:

• Review third-party terms and policies
• We are not liable for third-party service failures or data breaches
• Third-party services may have different data handling practices

Future Integrations

If We Add Integrations:

• You may need to agree to additional terms
• We will disclose what data is shared
• Integration use is optional unless core to Service

Representations and Warranties

You Represent and Warrant That:

Authority:

• You have the legal authority to enter into these Terms
• If representing an organization, you're authorized to bind that organization
• You're at least 18 years old

Licensing:

• You hold all necessary licenses and credentials to practice
• Your licenses are current and in good standing
• You will notify us if your licensure status changes

Compliance:

• You will comply with all applicable laws and regulations
• You will use the Platform only for lawful purposes
• You will not violate any third-party rights

Accuracy:

• Information you provide to us is accurate and current
• You will update information as needed
• You will not impersonate anyone or misrepresent your identity

Data Rights:

• You have the right to upload the content you provide
• You have obtained necessary consents from patients/parents
• Your use of the Platform doesn't violate any existing agreements

Miscellaneous Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any BAA, constitute the entire agreement between you and MySensoryBook. They supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

Waiver

Our failure to enforce any provision doesn't waive our right to enforce it later. Any waiver must be in writing and signed by our authorized representative.

Assignment

You May Not:

• Transfer or assign your rights under these Terms without our written consent

We May:

• Assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets
• Subcontract any of our obligations

Force Majeure

We are not liable for failures or delays caused by circumstances beyond our reasonable control, including:

• Natural disasters
• War, terrorism, or civil unrest
• Government actions or regulations
• Internet or telecommunications failures
• Third-party service outages
• Pandemics or public health emergencies

Notices

To You:

• We will send notices to the email address on your account
• You're responsible for keeping your email current
• Notices are effective when sent

To Us:

• Legal notices must be sent to: legal@mysensorybook.com
• Support issues: support@mysensorybook.com
• Privacy concerns: privacy@mysensorybook.com

Headings

Section headings are for convenience only and don't affect interpretation of these Terms.

Language

These Terms are written in English. Any translations are for convenience only. In case of conflict, the English version prevails.

Special Provisions for Specific User Types

For Clinic Customers

Multi-User Management:

• Clinic administrator is responsible for all users under the account
• Administrator controls user access and permissions
• All users must comply with these Terms

Team Plans:

• Pricing based on number of therapists/users
• Unused seats cannot be refunded or transferred
• Seats can be reassigned to different therapists

Data Ownership:

• Clinic owns all data created by its employees
• Former employees may not access clinic data after termination
• Clinic responsible for data export before employee departure

For Solo Practitioners

Practice Transition:

• If you sell your practice, contact us about account transfer
• Data transfer subject to patient consent requirements
• New owner must agree to these Terms

Coverage Arrangements:

• You may not share your account with coverage providers
• Contact us about temporary access for practice coverage
• Coverage providers must have their own accounts

For Parent Portal Users

Limited Access:

• Access restricted to your child's information only
• Cannot modify patient data or clinical notes
• Access can be revoked by therapist at any time

Prohibited Actions:

• Do not share portal access credentials
• Do not use information for commercial purposes
• Do not copy or redistribute sensory journals without permission

Contact Information

General Inquiries

Email: support@mysensorybook.com
Website: www.mysensorybook.com

Legal and Compliance

Email: legal@mysensorybook.com
Privacy: privacy@mysensorybook.com

Sales and Business

Email: sales@mysensorybook.com

Acknowledgment

By using MySensoryBook, you acknowledge that:

• ✓ You have read and understood these Terms of Service
• ✓ You agree to be bound by these Terms
• ✓ You understand your responsibilities as a healthcare provider (if applicable)
• ✓ You will comply with all applicable laws and regulations
• ✓ You understand the limitations and disclaimers
• ✓ You have the authority to enter into this agreement

If you do not agree to these Terms, you must not use the Service.

Questions about these Terms?
Contact us at legal@mysensorybook.com