Addendum to SimplePractice Terms of Service for Add-On AI Products
Summary
Important Note
This is a simplified explanation to assist you in understanding the Addendum. This summary is not part of the official Addendum to the Terms of Service. For the complete rules that you agree to follow, please read the full Addendum to the Terms of Service found at the end of this summary. This summary does not replace the official document and is not legally binding.
What Is This Addendum About?
The Addendum covers the legal guardrails and requirements around your use of the Add-On AI Products (as described below) as well as our commitments and obligations around your data when you use the Add-On AI Products. It covers 4 main topics, all of which are described in more detail in this summary:
- It defines Add-On AI Products as “Services” under our standard Terms of Service (the “Terms”) so that they are subject to the same requirements, obligations and protections as other services we offer.
- It confirms that your data always belong to you but that we use your data to not only provide the services we offer to you, but to make them work better for you. Additionally, and importantly, the Addendum puts tighter restrictions in place than our current Terms with respect to when and how we can use session transcripts.
- It lets you know that any time we use third-party vendors in our Add-On AI Products, we hold those vendors to the same strict data privacy, security and ethical standards that we hold ourselves to and that align with regulations (including HIPAA) and best practices.
- It confirms that you are in control of how you use the Add-On AI Products and that they are not a replacement for your professional judgment.
In addition to the legal guardrails and requirements provided in the Addendum, we will always provide you with additional information and FAQs about how our Add-On AI Products work and how to use them.
What are Add-On AI Products?
This Addendum covers the add-on AI products that SimplePractice offers to help you with your work (for example, AI-generated session notes) (the “Add-On AI Products”).
- These Add-On AI Products are completely optional - you can use them if you want to, or not use them at all.
- The Add-On AI Products do not include the core functions of our product to help you with your work even if some of these may also be powered by AI. The core functions are included in your subscription without any additional action from you and are covered by our existing Terms of Service. An example of this would be using AI to help with fraud detection. This Addendum does not change or replace the Terms of Service as they apply to the core functions of our product that are already included in your subscription.
Your Data Stays Yours
The most important thing to know: Simple Practice has never and will never claim any ownership of the data you and your clients put into the product. This doesn't change when you use the Add-On AI Products. Your information belongs to you!
- SimplePractice does own the intellectual property around its products, including the AI Add-On Products, and any improvements made to them. Some of these features and improvements may be based on learnings from how you use our products, including the inputs you enter and generated content/outputs produced. While we may use that information through the license you grant us for this purpose, we do not make any claim of ownership to your data. For example, we would own the colors, design, and approach to a graph we might create for you with your practice data, but you own the underlying data in that graph.
How We Use Your Data
When you use the Add-On AI Products:
- As is the case for our core product offering, we use your data to provide the services we offer and to help the tools we make work better for you. We will also use your data submitted through the Add-On AI Products to ensure that the AI is accurate and unbiased in what it produces to you.
- We never use your data in a way that could be tied back to you or a client unless it is to provide services to you. This is true for our core product offering and the Add-On AI Products.
- With respect to session transcripts, we will give you the ability to opt out of any transcript retention beyond the time period for which a transcript is available for your use (e.g., in the case of Note Taker, the earlier of you signing and locking the note, or 7 days). Until an opt-out feature is available in the product, we will not retain any session transcripts beyond when the transcript is available for your use.
- We follow all the rules, regulations (including HIPAA) and industry best practices to keep your data safe and secure.
- We will never sell protected health information or personally identifiable information.
Working With Other Companies
Sometimes we work with other companies to help our Add-On AI Products work better. We enter into contracts with these companies to limit their use of your data in the same way our Terms limit SimplePractice’s use of your data. Specifically:
- These companies can only use your data to make the Add-On AI Products work.
- They cannot use your data to train their own AI.
- They must follow all the same safety, privacy and security rules we do.
Using AI Safely
Our Add-On AI Products are helpers, not replacements for your professional judgment:
- Always check what the AI creates to make sure it's right.
- You decide how to use the information the AI gives you.
- The AI is not a replacement for professional judgment or therapeutic assessment and treatment.
Your Choice
Remember, using the Add-On AI Products is totally up to you:
- You can start or stop using them whenever you want.
- You can still use SimplePractice without using any Add-On AI Products.
Addendum to SimplePractice Terms of Service
Last Updated: June 11, 2025
This Addendum ("Addendum") to the SimplePractice Terms of Service ("Terms") is entered into by and between SimplePractice, LLC ("SimplePractice") and the user ("You") and applies specifically to the use of SimplePractice's Add-On Artificial Intelligence products (as defined below). This Addendum is incorporated into the Terms and supplements the Terms and, in the event of any conflict between this Addendum and the Terms, this Addendum shall govern. Any capitalized words shall have the same meaning as the Terms of Service or Business Associate Agreement, unless otherwise defined in this Addendum.
1. Definitions
- “AI Agent” means a type of Artificial Intelligence that engages in autonomous non-clinical, administrative-only decision making not requiring human assistance.
- “Add-On AI Products” means the optional, add-on AI (as defined below) tools that SimplePractice offers to help You with your work but does not include the core functions of the SimplePractice product already included in Your subscription, even if some of these may also be powered by AI. Add-On AI Products are optional and used at Your own discretion.
- “Artificial Intelligence” or “AI” means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems use machine and human-based inputs to: (i) perceive real and virtual environments; (ii) abstract such perceptions into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action. Artificial intelligence includes Generative AI and AI Agents.
- “Generated Content” means all content, text, images, software, materials,and other items generated, produced, created, output, or transmitted by the Add-On AI Products for the delivery to and use by You. Generated Content does not include the User Data that may be embedded in such Generated Content.
- “Generative AI” means a type of Artificial Intelligence that generates images, text, videos, sound, voices, and other materials and content using machine learning models, natural language processing, bots, or similar algorithm-based technology in response to prompts from the user.
- “Inputs” means all User Data, questions, requests, information, and other data provided by You or Your users for processing by the Add-On AI Products for the purposes of generating, creating, or producing Generated Content.
- “Protected Health Information” or “PHI” shall have the meaning provided in the Business Associate Agreement.
- “Services” shall have the meaning provided in the Terms and also include Add-On AI Products.
- “Session Transcripts” shall mean the verbatim or near-verbatim textual record of audio or video therapy sessions generated by or through the Services, including any AI Product-powered transcription features, but excluding any notes, summaries, or other content manually created by You.
- “User Data” shall have the meaning provided in the Terms of Service and also include Inputs and Session Transcripts.
2. Responsibility for Use of Add-On AI Products
- You are responsible for all obligations and activities conducted through Your Account as provided in Section 5 of the Terms, including through your use of Add-On AI Products.
- The Add-On AI Products are designed to assist in creating Generated Content based on the Inputs and available knowledge. You acknowledge that the Add-On AI Products are tools to assist You and are not substitutes for professional judgment or advice. The Add-On AI Products are not responsible or replacements for medical care or treatment.
- You acknowledge that the Add-On AI Products are optional features of the Services, You are in no way required to use the Add-On AI Products in order to use the Services, and You are free to stop using the Add-On AI Products at any time.
- You are responsible for developing Your own internal policies around the appropriate use of AI and ensuring that the use of Add-On AI Products complies with all applicable laws, regulations, and professional standards.
3. User Data
- SimplePractice will handle any User Data (including Inputs and Session Transcripts) provided in accordance with Sections 9 and 10 of the Terms, its Privacy Policy, the applicable Business Associate Agreement and applicable data protection laws, including HIPAA.
- The licenses that You grant to SimplePractice to use, reproduce, distribute, prepare derivative works of, perform and display User Data pursuant to Sections 9.2 and 9.3 of the Terms shall include User Data uploaded through or generated by the Add-On AI Products. However, SimplePractice does not claim ownership of the User Data, including User Data provided through Your use of the Add-On AI Products.
- Session Transcripts will not be retained by SimplePractice beyond the time period during which a Session Transcript is available for Your use unless and until a product feature is made available that allows You to opt out of such retention. You will always have the ability to opt out of the retention of Session Transcripts, and no Session Transcripts will be retained by SimplePractice beyond the period the Session Transcripts are available for Your use until this opt-out functionality is available.
- Add-On AI Products may include features which are powered by AI models operated by a third-party. You instruct the relevant third-party provider to use Inputs to the Add-On AI Products as necessary to provide and maintain the Add-On AI Products functionality, comply with applicable laws, and enforce its policies.
- Where You submit Inputs to an AI Product through a third-party, those inputs may be retained temporarily by the third-party as part of the operation of their service. However, SimplePractice shall contractually restrict any third-party provider from using User Data (including PHI) for: (i) training an underlying model; (ii) otherwise improving its large language models or other services; and/or (iii) general use beyond the use required to provide and maintain the Add-On AI Products functionality.
- Any third-party provider of functionality within the Add-On AI Products shall act as a Subprocessor of User Data and/or a Subcontractor Business Associate and will be required to comply with: (1) a Data Processing Agreement and/or Business Associate Agreement, as applicable; and (2) all applicable and relevant data protection and privacy laws.
4. Intellectual Property
- You acknowledge and agree that Your use of the Add-On AI Products is governed by the license granted to You by SimplePractice in Section 15 of the Terms, which shall apply equally to the Add-On AI Products and Generated Content.
- SimplePractice owns all right, title, and interest in any modifications, adaptations, enhancements, improvements, or derivative works created by SimplePractice using or incorporating User Data submitted through Your use of the Add-On AI Products pursuant to the license granted in Section 3 of this Addendum and Sections 9.2 and 9.3 of the Terms. Notwithstanding the foregoing, SimplePractice does not claim ownership of the User Data, including User Data provided through Your use of the Add-On AI Products.
5. Limitations and Disclaimers
- Your use of the Add-On AI Products is at Your own risk. The Add-On AI Products are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither SimplePractice nor any person associated with SimplePractice makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Add-On AI Products or Generated Content. SimplePractice does not warrant that the Add-On AI Products or Generated Content will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Add-On AI Products or the server that makes them available are free of viruses or other harmful components, or that the Add-On AI Products will otherwise meet your needs or expectations. SimplePractice hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
- You are responsible for: (i) verifying and validating the accuracy of any Generated Content; and (ii) any decision, action, or omitted action based on any Generated Content. Any reliance You place on the Generated Content is strictly at Your own risk. SimplePractice disclaims all liability and responsibility arising from any reliance placed on the Generated Content by You or any other user of the Add-On AI Products, or by anyone who may be informed of the Generated Content.
- Although SimplePractice is committed to building Add-On AI Products that produce accurate, fair, and unbiased Generated Content, SimplePractice is not liable for: (i) any inaccuracies, incompleteness, or errors in Generated Content (ii) any biases or limitations of the underlying algorithms or data; and (iii) any Generated Content that You may find harmful, offensive, or otherwise unsuitable for its intended use.
6. Modification and Termination
- SimplePractice reserves the right to modify or discontinue the Add-On AI Products at any time, with or without notice. Your continued use of the Add-On AI Products following any changes to the Terms constitutes your acceptance of the changes. This Addendum and the Terms constitute the entire agreement between SimplePractice and You pertaining to the subject matter hereof. In its sole discretion, SimplePractice may from time-to-time revise this Addendum by updating this posting. You should, therefore, periodically visit this page to review the current Addendum, so You are aware of any such revisions to which You are bound. Your continued use of the Add-On AI Products and Services after revisions to this Addendum shall constitute Your agreement to the revised Addendum.
By using the Add-On AI Products, you accept and agree to this Addendum and the Terms. If you do not agree to this Addendum or the Terms, You must not access or use the Add-On AI Products.