Terms of Service

The Agreement

The conditions set out in this Terms of Service together with the Privacy Policy make up the Agreement regarding your access and use the Software and Services.  Your User Agreement form is your formal acceptance of these Terms of Service which is obtained before your access the service upon your registration at which point the Agreement will be in place. Please refer to our Privacy Policy which is incorporated by reference into these Terms of Service.  This agreement has been set out following the guidelines of the General Data Protection Regulation (GDPR) which is in effect from May 25, 2018.

Terms & Definitions

Us, Our, We or Company: Refers to MyTherapyTracker, Ltd.

You/ Your/ Subscriber: Refers to your organization.

Agreement/Contract: Refers to the contract between you and us in reference to the supply of the Service in accordance with these Terms of Service.

Clients: Refers to the Subscriber’s clients or patients, individuals who receive the services of our Subscribers.

Client’s Data: Refers to Personal Data pertaining to the Subscriber’s individual client.

Data Protection Regulation: Up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then any successor legislation to the GDPR or the Data Protection Act 1998.

Data Controller, Data Processor, Data Subject: Shall have the meaning given in the Data Protection Legislation.

Applicable Laws: All regional, national and international laws, regulations and standards applying to the person or circumstances in question, including standards imposed by or notices issued by any governmental or regulatory authorities and all generally applicable industry standards, including those attributes to self-regulation.

Intellectual Property Rights: Patents, utility models, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.

Service Provision

MyTherapyTracker, Ltd. is registered company in England and Wales.  Registered Office: Nether End Barn, South End, Much Hadham, SG10 6EP.  Company Registration: 11205703

MyTherapyTracker (The Software & Service) is a cloud-based application which is accessible via the internet.  The Software is hosted in a secure data centre located and backed up in the European Union in accordance with our Privacy Policy.  The Service is provided, managed and maintained by us and our hosting partners.  You must have an internet connection to access the Service.  Any problems with your own local internet connection will affect your access to the Service.  Therefore, if your local internet connection is not available, you will not be able to access the Service.  Periodically, we may make changes to the Service which may include bug fixes, updates to features or additional functionality.  Changes to the Service are made at our discretion, but we will document these changes where appropriate if they are material in nature.

Fees

This Contract grants you the non-exclusive, non-transferable right to use the Service in accordance with these Terms of Service while you continue to pay the appropriate monthly fee for the subscription you have registered.  All monthly fees are payable in advance.  A valid debit card or UK bank account is required to pay for the Service.  All direct debit transactions are processed by GoCardless.  If you need to change your subscription, your user count will be changed when you notify us, and you will be charged the new rate when your next payment is due.  All fees related to the Service are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by updates to the MyTherapyTracker website www.mytherapytracker.com, notices within the Service itself, or by email.  If you have any questions about charges made to your account, please contact us immediately. If there are charges made in error, we will provide a refund via bank transfer (if paying via Direct Debit) for the appropriate amount.  We reserve the right to charge an administration fee for any failed or late payments.

Technical Support

How You Can Get Support: All technical support is provided via the Technical Support button on our website or via e-mail to support@mytherapytracker.com.  We are not able to provide support by telephone.

Who Can Request Support: Support requests must be logged by an individual who is a registered user on the Subscriber account related to the enquiry.

How to Get the Most Out of Technical Support:  Please provide the following when logging your request for support so we can help you as quickly and efficiently as possible.

  • Give a clear, concise description of the problem or query.
  • Provide details regarding your environment including the browser (and browser version if applicable) you are using, your computer operating system including the version of that operating system i.e. mac OS X or Windows 10 etc.
  • Include screenshots or screen captures where applicable and possible.
  • Minimise disclosure of personal data if required for the resolution of the support request.

When We Can’t Help: We will always do our best to help, but we do not provide access to online support if requests are logged by individuals who are not registered users.

How You Can Support Us: Your experience and your Clients’ experience of using MyTherapyTracker is important to us.  We value your feedback and suggestions, so please to send your thoughts and ideas for improvements or modifications you think will help MyTherapyTracker become even better.  We will respond to let you know if we are considering your idea, but we are unable to guarantee your suggestion will be included as an update for the Service.

Processing of The Subscriber’s Data

We only use any of your personal data we collect about you through your use of MyTherapyTracker according to Privacy Policy.

Processing of Your Clients’ Personal Data

The full details regarding the handling of personal data with respect to the Data Processor and Data Controller in accordance with the GDPR are outlined in our Privacy Policy.  The Subscriber will ensure that it has all necessary appropriate policies in place to enable lawful processing of the Client’s personal data via MyTherapyTracker during the use of the Service.  The Subscriber acknowledges their role as Data Controller and MyTherapyTracker Ltd. is the Data Processor in respect of personal data belonging to the Subscriber’s Clients.

The Company shall, in relation to any Client’s Data processed in connection with the performance by the Company of the Services:

  • Process Clients’ Data only on your written instructions except where the Company is required to by the laws of the European Union, and if required to process data by Applicable Laws of the European Union shall notify the Subscriber prior to processing the information in related to those Applicable Laws unless those laws prohibit the Company from doing so.
  • Ensure that it has appropriate technical and organisational measures in place to protect against unauthorised or unlawful processing of personal data and against accidental loss, destruction or damage related to personal data resulting in harm.
  • Ensure that all Company staff who have access to personal data are subject to a policy obliging them to keep personal data confidential.
  • Only transfer any Personal Data outside of the European Economic Area with prior written consent of obtained from the Subscriber and ensuring that appropriate safeguards are in place for the transfer, the Data Subject has enforceable rights and effective legal remedies, the Company complies with its obligations under the GDPR by providing adequate protection to any Personal Data that is transferred and the Company complies with all reasonable instructions notified to it in advance by the Subscriber regarding the processing of the Personal Data.
  • Assist the Subscriber, at their cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the GDPR with regard to security, breach notifications, impact assessments and consultations with governing authorities or regulators.
  • Notify the Subscriber on becoming aware of a Personal Data breach without undue delay.
  • Delete the Subscriber’s Clients’ data and copies thereof within 30 days of the date of termination or cancellation of the Subscriber’s Contract unless required by Applicable Laws to store Personal Data.
  • Maintain complete and accurate records and information to demonstrate its compliance with these obligations.

Data Security

We are registered with the Information Commissioner’s Office (ICO).  Your data is hosted by our hosting partner, LearningLogic Software, on secure servers located in a UK data centre which is ISO27001 accredited.  All internet traffic is secured with industry standard encryption via SSL Certificates using SHA-256 with RSA Encryption.  All our staff are DBS checked and required to sign a Confidentiality Agreement which includes a provision for them to have access to Client Data. All our staff are trained in Information Governance including data security, acceptable use of IT and personal data including patient identifiable information. We will only access your data if directly required to do so for technical support, maintenance or system administration in accordance with our Privacy Policy.

Acceptable Use of the Service

This part of the Agreement ensures that you do not use the service illegally or for prohibited purposes.  By engaging the service, you are accepting these terms in their entirety and you acknowledge the following about your understanding of acceptable use of the service:

  • You must be a registered user to access the Service. The Subscription Package you purchase will limit the number of users that may use the Service. You must not allow any additional users to use the Service.
  • You must provide accurate, up-to-date and complete information when you register for the Service and you must ensure that you notify us immediately in the event of any changes to this information. Failure to do so may result in you not receiving important system updates or information about the Service.
  • You are solely responsible for keeping your password secure. You will be responsible and liable for any activity that occurs under your user name.
  • You must use all reasonable measures to prevent any unauthorised access to, or use of, the Service and you must notify us immediately in the event of any unauthorised access or use.
  • You are solely responsible for your conduct and your data related to the Service. You agree that you will not use the Service for illegal or prohibited purposes.
  • We reserve the right to audit your use of the Service after giving reasonable notice, to ensure your acceptable use of the Service. If an audit reveals that you have exceeded the scope of use permitted, The Orchid Practice, Ltd. may require you to immediately pay an additional service fee for such use.
  • Any unauthorised use of the Service is a violation of these Terms of Service and may breach English law. Such violations may subject you or your staff to civil and criminal penalties.
  • You agree to indemnify us from any and all loss, cost, liability, and expense arising from or related to your data or use by you or your employees, contractors or agents of the Service or violation of these Terms of Service.

Communications & Changes to the Service or Agreement: We may at times send you communication regarding your account or the service via e-mail as well as to inform you about upgrades to the service or additional products or features related to the service.  If you no longer wish to receive these communications, you can unsubscribe at any time.  This may mean that you are not made aware of upcoming updates or changes to the service which may impact on your use of the service. We may make changes to this Terms of Service agreement at any time at our sole discretion.  We will notify you of these changes giving you advanced notice within a reasonable amount of time.

Data & Intellectual Property

We claim no Intellectual Property Rights over the data or other material you provide to the service. By subscribing to this service you acknowledge that we own all rights, title and interest in and to the service including without limitation all Intellectual Property Rights.  You shall have not rights in or to the software other than the right to use it in accordance with the terms of this contract.  Therefore, you agree that you will not copy, reproduce, alter, modify or create derivative works from the service except to the extent that applicable laws prevent us from restraining you to do so.  You also acknowledge that all Intellectual Property Rights in the service with respect to any updates, additional features or functionality or products developed through this service shall belong to us.

Cancellation & Termination 

Cancellation: You are solely responsible for the cancellation of your account.  You can cancel your account by notifying us in writing via e-mail to support@mytherapytracker.com.  Your cancellation will take effect at the end of your subscription term, after which no further payments will be taken.  If you cancel your account before the end of your currently paid month, the Service will continue to be available until midnight before your next payment date. You will not be entitled to a refund.  All of your content and data will be deleted 30 days after cancellation or termination of your account in accordance with our Privacy Policy.  Prior to cancelling your subscription, we recommend that you make use of the Data Export feature provided in MyTherapyTracker.

Suspension: Failure to pay your subscription fees will result in your account being suspended. Accounts are suspended for a maximum of 30 days before the account may be terminated by us. We are not liable for any loss you suffer as a result of such suspension or termination. A suspended account can be reactivated by supplying valid payment credentials and resuming your subscription. At our sole discretion we have the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason, at any such time.

Termination: Either party shall have the right to terminate this Contract if the other party is in material breach of these terms and does not rectify the breach within 30 days of written notification.  Termination shall not affect any other rights of the injured party.  In the event of insolvency, we reserve the right to terminate your account.

Warranties & Limited Liability

You understand and agree that the Service is provided “as is” and, to the extent permitted by law. We make no warranty or representation that your use of the Service will be uninterrupted or error-free or regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet your requirements.

We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.  Use of the Service is at your sole risk. You will be solely responsible for any damage to you resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with you.  If there is any loss or damage to your data, your sole and exclusive remedy will be for MyTherapyTracker, Ltd. to use reasonable endeavours to restore the lost or damaged data from the latest back-up of such data.

MyTherapyTracker, Ltd. will not be liable for any indirect, special or consequential loss or damage.  We will not be liable for any loss of profits, income or anticipated savings, loss or corruption of any data, database or software, loss of any commercial opportunity or reputational damage to goodwill.  We will not be liable for any losses arising out of a Force Majeure Event.

Force Majeure

MyTherapyTracker, Ltd. shall have no liability to the Client under this agreement if it is prevented from or delayed in performing any of its obligations in this agreement if such delay or failure resulting from events, circumstances or causes beyond its reasonable control. In such circumstances the Client shall be notified of the event and its expected duration where practicable

Waiver: No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Rights & Remedies

Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to and not exclusive of any rights or remedies provided by law.

Severance

If any provision or part provision of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, illegal or unenforceable, the other provisions shall remain in force.  If any invalid, illegal or unenforceable provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply whatever modification is necessary to give effect to the commercial intention of the parties.

Assignment: The rights in this terms of service contract are granted exclusively to you.  If you are entering into this agreement on behalf of a company or other corporate body, you hereby warrant and represent that you have authority to bind that entity to this Contract.

No Partnership or Agency

Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or authorise either party to act as the agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

Third Party Rights

A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

Governing Law

The Contract is governed by and construed in accordance with the laws of England and Wales.  The parties irrevocably agree that the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this these Terms of Service.

Questions or Support:

For questions about this Terms of Service: contact admin@mytherapytracker.com.  If you require Technical Support: contact support@mytherapytracker.com.

Company Information

MyTherapyTracker, Ltd. Nether End Barn, South End, Much Hadham, Herts, SG10 6EP.  Company Number: 11205703