Terms of service

1. Definitions

1. Authorized User means an individual authorized by Customer to access the Services under Customer's account.
2. BAA means a Business Associate Agreement between Ünfold and Customer, as required by HIPAA when PHI is processed.
3. Client means an individual seen by Customer's clinical practice whose information may be submitted to the Services.
4. Customer Data means all data, content, or material submitted to the Services by Customer or its Authorized Users, including session recordings, transcripts, notes, briefs, Client contacts, and calendar information.
5. HIPAA means the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations.
6. PHI means Protected Health Information, as defined under HIPAA.

2. Eligibility and account registration

2.1 Eligibility

The Customer account holder and Authorized Users represent and warrant that:

1. You are at least 18 years old;
2. You are a licensed mental health professional in good standing, authorized staff of such a professional, or an entity that employs such professionals, and are legally permitted to provide clinical services in your jurisdiction;
3. Your use of the Services complies with all applicable laws, professional licensure requirements, and ethics rules;
4. All information you provide during registration is accurate, complete, and kept current.

2.2 Account security

Customer is responsible for all activity under its account and for the acts and omissions of its Authorized Users. Customer must keep account access confidential and promptly notify us of any suspected unauthorized access.

3. Description of Services

Ünfold provides software tools to support clinical workflow, including:

1. In-browser session recording, transcription, and documentation;
2. AI-assisted drafts of clinical notes, session summaries, next-session agendas, and related prep;
3. Client contacts, recording history, and optional client summaries sent by email;
4. Calendar connection and related administrative features.

The Services are software tools that support Customer's clinical workflow. They do not provide clinical care, do not constitute medical or mental health advice, and are not a substitute for the judgment of a licensed professional. Ünfold is not a healthcare provider.

4. AI-generated content

Ünfold generates text, summaries, and suggestions using artificial intelligence models operating on Customer Data. You acknowledge and agree:

1. Output may contain errors. AI-generated content may contain inaccuracies, omissions, misattributions, or fabricated information.
2. You remain the clinician of record. You are solely responsible for reviewing, verifying, editing, and exercising professional judgment over any AI-generated content before relying on it, acting on it, or incorporating it into clinical records.
3. Ünfold is not a clinician. The Services do not provide diagnoses, treatment recommendations, or clinical advice in their own capacity. They are drafting and workflow tools.
4. No sole reliance. You will not rely on AI-generated output as the sole basis for any clinical decision, treatment plan, diagnosis, or crisis response.
5. Crisis situations. The Services are not designed to detect, respond to, or manage emergencies, suicidal ideation, or other crises. Customer remains responsible for established crisis and safety protocols.
6. No training on Customer Data. Ünfold does not use Customer Data to train its own AI models. Audio recordings are deleted from storage after processing. Unprocessed leftover audio is removed after 7 days. Transcripts, notes, and briefs may be retained in encrypted form to provide the Services.
7. Clinician disclosure obligations. Customer is responsible for disclosing the use of AI-assisted documentation and transcription to Clients as required by applicable law, and for obtaining all necessary Client consents before recording, including under two-party and all-party consent laws.

5. Customer Data, PHI, and HIPAA

5.1 Ownership

As between you and Ünfold, you retain all right, title, and interest in Customer Data. You grant Ünfold a limited, non-exclusive, worldwide license to host, process, transmit, and display Customer Data solely as necessary to provide, maintain, secure, and improve the Services, subject to any BAA and this Section 5.

5.2 HIPAA and the BAA

Where Customer Data includes PHI, a BAA may be required. You may not submit PHI to the Services before a BAA is executed. If a BAA is in place, it governs the use and disclosure of PHI and takes precedence over any conflicting provision of these Terms with respect to PHI.

5.3 Security

Ünfold maintains administrative and technical safeguards designed to protect Customer Data. A summary of current practices is available at Security.

5.4 Subprocessors

Ünfold may engage third-party service providers ("Subprocessors") to process Customer Data on its behalf, including authentication, hosting, storage, transcription, AI processing, and email delivery. Ünfold remains responsible for Subprocessor performance in providing the Services.

5.5 Data export and deletion

Audio recordings are removed from storage after processing. Unprocessed leftover audio is removed after 7 days. Transcripts, notes, briefs, and Client contacts remain available in the account until you delete them or the account is closed. Upon termination, Ünfold will delete or return Customer Data as described in the Privacy policy, except where retention is required by a BAA, applicable law, or a legal hold.

6. Customer responsibilities

You agree to:

1. Obtain all required consents, authorizations, and acknowledgments from your Clients for recording, transcription, storage, and any email of session summaries;
2. Inform Clients before recording any session, consistent with applicable two-party or all-party consent laws;
3. Use the Services only for lawful purposes and in compliance with professional, ethical, and licensure standards;
4. Not submit PHI to the Services before a BAA is in place;
5. Not share account access with any person who is not an Authorized User;
6. Not use the Services to provide care to Clients located in jurisdictions where you are not licensed to practice;
7. Maintain appropriate clinical records, safety and crisis protocols, and professional supervision independent of the Services;
8. Keep your account information current.

7. Acceptable use

You will not, and will not permit any Authorized User to:

1. Reverse engineer, decompile, or attempt to derive source code of the Services, except to the extent expressly permitted by law;
2. Use the Services to build, train, or benchmark a competing product or AI model;
3. Use the Services to transmit malware, spam, harassing content, or unlawful material;
4. Circumvent, disable, or interfere with security or authentication features;
5. Scrape or systematically extract data from the Services other than through features we provide;
6. Resell or provide the Services to third parties outside the scope of Customer's practice;
7. Use the Services in a manner that violates HIPAA, state privacy laws, or applicable professional regulations;
8. Upload content that infringes intellectual property rights or violates privacy rights;
9. Submit information about individuals who have not provided legally valid consent.

Violations may result in suspension or termination with or without notice.

8. Fees and payment

1. Fees, if any, are set forth in the applicable order form, checkout, or pricing page and are payable in advance.
2. Except where prohibited by law, fees are non-refundable.
3. Customer is responsible for applicable taxes other than those on Ünfold's net income.
4. Late payments may result in suspension after notice.

9. Intellectual property

Ünfold retains all right, title, and interest in and to the Services, including software, models, documentation, and trademarks. No rights are granted except those expressly stated in these Terms. Customer retains all right, title, and interest in Customer Data. Feedback you provide may be used by Ünfold without restriction or compensation.

10. Privacy

Our collection, use, and disclosure of personal information are described in the Privacy policy, which is incorporated into these Terms by reference. Any BAA governs PHI. To the extent of any conflict regarding PHI, the BAA controls.

11. Confidentiality

Each party will protect the other party's confidential information using at least reasonable care, will use it only to perform under these Terms, and will not disclose it except to personnel and advisors bound by confidentiality obligations. Confidential information does not include information that is publicly available through no breach of these Terms, rightfully received from a third party without restriction, independently developed, or required to be disclosed by law (with prompt notice where permitted). PHI is governed by the BAA, not this Section.

12. Third-party services

The Services may integrate with or link to third-party services (for example calendar, authentication, transcription, AI, email, or hosting). Your use of those services is also governed by the applicable third party's terms. Ünfold is not responsible for third-party services we do not control.

13. Warranties and disclaimers

Each party represents that it has the authority to enter into these Terms. EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, ÜNFOLD DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. ÜNFOLD DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE AGAINST ALL THREATS, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY CLINICAL PURPOSE.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

1. No indirect damages. NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
2. Liability cap. EACH PARTY'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO ÜNFOLD IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS (US $100) IF NO FEES WERE PAID.
3. Exceptions. The limitations above do not apply to: (i) breaches of a BAA; (ii) breaches of confidentiality obligations; (iii) indemnification obligations; (iv) Customer's payment obligations; (v) a party's willful misconduct or gross negligence; or (vi) matters that cannot be limited under applicable law.

15. Indemnification

Customer will defend, indemnify, and hold harmless Ünfold from third-party claims, damages, and costs (including reasonable attorneys' fees) arising from Customer's breach of these Terms or a BAA; failure to obtain required Client consents; use of the Services outside the scope of licensure; Customer Data that violates law or third-party rights; or Customer's clinical decisions or professional conduct.

16. Term and termination

These Terms take effect on your first use of the Services and continue until terminated. Either party may terminate for convenience on thirty (30) days' written notice, subject to any committed subscription term. Either party may terminate for material breach not cured within thirty (30) days of written notice. Upon termination, Customer's right to access the Services ends, outstanding fees remain payable, and Customer Data is handled per Section 5.5 and the Privacy policy.

17. Changes to these Terms

Ünfold may modify these Terms from time to time. For material changes, we will provide advance notice by email or in-product notification where reasonably possible. Your continued use of the Services after the effective date constitutes acceptance. Changes affecting PHI handling will be governed by any BAA.

18. Miscellaneous

1. Entire agreement. These Terms, together with any BAA, the Privacy policy, and any order form, constitute the entire agreement regarding the subject matter.
2. Order of precedence. In the event of conflict: (1) the BAA (as to PHI), (2) the applicable order form, (3) these Terms, (4) the Privacy policy.
3. Severability and waiver. If any provision is held unenforceable, the remaining provisions remain in effect. Failure to enforce a right is not a waiver of future enforcement.
4. Assignment. Customer may not assign these Terms without Ünfold's written consent. Ünfold may assign in connection with a merger, acquisition, or sale of assets.
5. Independent contractors. The parties are independent contractors. No agency, partnership, or joint venture is created.
6. No third-party beneficiaries. These Terms do not create third-party beneficiary rights, except as expressly stated.

19. Contact

Questions about these Terms? Use the contact details in your Ünfold account, or see the Privacy policy and Security pages.