Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the websites, client portal, Therapy Website Builder (“TWB”) product, booking pages, and related services (together, the “Services”) provided by [LEGAL ENTITY NAME], doing business as Thriving Mind Marketing (“TMM,” “we,” “us”). By using the Services, you agree to these Terms. If you do not agree, do not use the Services.

We provide marketing services to mental-health professionals, including done-for-you website and marketing engagements, and the TWB self-serve website product. Specific deliverables, scope, and fees for agency engagements are set out in a separate proposal or order.

You must be at least 18 and able to enter a binding contract. You are responsible for the accuracy of your account information and for keeping your password secure. You are responsible for activity under your account. Notify us promptly of any unauthorized use.

• Payments are processed by Stripe. By purchasing, you authorize us (via Stripe) to charge your payment method.
• The TWB product is offered for a one-time fee as shown at checkout [confirm current price and what it includes].
• Agency engagements and add-on work are billed per the applicable proposal, invoice, or subscription terms.
• Fees are [refundable/non-refundable — specify your refund policy]. Taxes may apply.

You agree not to:

• Use the Services unlawfully or to infringe others' rights.
• Attempt to disrupt, probe, or gain unauthorized access to the Services.
• Upload malicious code or misuse another user's data.
• Reverse engineer or resell the Services except as permitted.

The Services, including our software, designs, and content, are owned by TMM or our licensors and are protected by law. Subject to these Terms and full payment, deliverables we create for you are licensed or assigned to you as set out in your engagement; content you provide remains yours, and you grant us the rights needed to deliver the Services. [Confirm IP ownership terms with counsel.]

The Services rely on third parties (including Stripe, Supabase, Google, Vercel, and Duda). Your use of those features may be subject to their terms, and we are not responsible for third-party services.

The Services are provided “as is” and “as available” without warranties of any kind, to the fullest extent permitted by law. We do not warrant that the Services will be uninterrupted, error-free, or that they will achieve any particular marketing result.

To the fullest extent permitted by law, TMM will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Our total liability for any claim relating to the Services will not exceed the amount you paid us in the [12] months before the claim. [Confirm cap with counsel.]

You agree to indemnify and hold TMM harmless from claims arising out of your misuse of the Services or violation of these Terms or applicable law.

You may stop using the Services at any time. We may suspend or terminate access if you violate these Terms or to protect the Services. Provisions that by their nature should survive termination will survive.

These Terms are governed by the laws of [STATE / JURISDICTION], without regard to conflict-of- law rules. Disputes will be resolved in the courts of [VENUE]. [Confirm with counsel.]

We may update these Terms from time to time. We will post the updated version here and revise the “Last updated” date. Continued use of the Services means you accept the updated Terms.

[LEGAL ENTITY NAME] (Thriving Mind Marketing)
[BUSINESS MAILING ADDRESS]
[legal@thrivingmindmarketing.com]