Welcome to Enablr Therapy, LLC., a Tennessee limited liability company (“Company”, “Enablr”, “we”, or “us”). The following terms and conditions (“Terms of Use”) govern use of our web-based clinic management platform, use of our websites, and the resources we make available on our websites, such as our videos, blogs, and more. We refer to our platform, websites, and resources collectively as the “Services”. For the purposes of these Terms of Use, the “Services” include, without limitation, the Website, scheduling pages, contact and billing information, and messaging maintained by Enablr Therapy on behalf of third parties and appointment scheduling technology integrated into third party websites. As used in this Agreement, “you” means any visitor, user, or other person who accesses our Services, regardless if they are registered. For the purposes of this agreement and our Services, “Provider” and “Therapist” will and can be used interchangeably.
These Terms of Use apply whether you are merely browsing the website, have registered as a user, if you are a client, or responsible parent of a client. (We refer to these together as “Client”.) These Terms of Use also apply if you are a Provider, although Providers are also subject to additional terms.

Acceptance

Please read these Terms carefully before registering to or using any of the “Services”. These Terms are a legal contract between Enablr Therapy (”Company”, “Enablr”, “We”, or “Us”) and each person using our Services and are accepted by registering to our clinic management platform or by otherwise using our websites and resources. These Terms of Use have important legal consequences. Please read them carefully. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.enablrtherapy.com/terms-and-conditions/, which is incorporated and made part of these Terms of Use. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. 

As we continually strive for excellence, our Terms of Use and Services may be updated or changed. Enablr Therapy reserves the right to change the Terms of Use at any time. We will notify you by either placing a notice on our website and/or sending an email. If you do not agree with any updates or changes to the Terms of Use, you are free to decline them. However, any use of Services shall then be terminated. If the Services are used in any way following a change to the Terms of Use, you then are agreeing to all of the changes.

About the Services

By way of these Terms of Use, Enablr grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to use the Services in accordance with these Terms of Use. Portions of the Services can be viewed without an Enablr Account. However, to benefit from all of the Services we offer, you must register as a client or provider and provide certain basic information about yourself. If you do provide us with any information, you authorize Enablr Therapy to use and disclose it as described in our Privacy Policy.

While utilizing the Services, you will find certain Content that Enablr makes available to you. “Content” means blogs, text, data, graphics, images, photographs, video, audio, information, suggestions, articles, scheduling availability, guidance, and other materials made available or otherwise found through the Services. This also includes, without limitation, Content provided in direct response to your questions or postings. You acknowledge that although some Content may be provided by healthcare professionals, the Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you in understanding diagnoses, offer tips and guidance for when to seek a healthcare specialist, or otherwise be generally informative.

Our Services are designed to offer Clients the opportunity to connect with licensed Providers. Your use of the Service is an expressed acknowledgment that we do not sell or provide any service or product other than the right to use the Service.

A.Third Party Links and Services

a.Links to Services

While using the Services, you may find links to other websites. These links are supplied for your convenience only and Enablr does not endorse these sites or the products and services they provide. You understand and agree that we are not responsible or to be held liable for the accuracy of the content on the linked websites. Although we make every effort to link trustworthy websites, it is possible that they will contain materials that are undesirable, unlawful, or inaccurate, and we will not be held responsible or liable for the legality or decency of material contained in such other websites. By using the Services and accessing the third party links, you release and hold us innocuous from any and all liability arising from your use of any third party website or service. Any interactions with organizations and/or individuals found through our Services, including payment and delivery of goods or services, and the terms, conditions, warranties or representations associated with such dealings, are solely between you and said organizations and/or individuals. You are responsible for investigating what you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. You acknowledge and agree that Enablr Therapy will not be responsible or liable for any loss or damage incurred as a result of any such dealings.

b.Third Party Software

We may incorporate third party software within parts of the Services, including, but not limited to, open source third party software. Your use of such third party software is subject to the governing body’s applicable additional terms and conditions related to such use provided by the third party software provider. Where applicable, additional notices, such as disclaimer notices, relating to the third party software may be provided by Enablr Therapy.

c.Application Stores

You acknowledge and agree that our mobile application’s availability is dependent on the third party store from which you download the application, also known as an “Application Provider” (i.e., the Apple App Store, Google Play, or other store or distribution platform). Each Application Provider may have its own terms and conditions that you must adhere to before downloading mobile applications from said store. You agree to follow, and your license to use our application is dependent upon your compliance with the Application Provider’s terms and conditions. If the other terms and conditions for the Application Provider are less restrictive than, or otherwise conflict with, Enablr’s Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use will apply.

If you are accessing the Services via an application (an “Application”) through an Application Provider, you acknowledge and agree that: 

• These Terms of Use are subjected to you and Enablr Therapy and we are responsible for the Services, not the Application Provider.
• The Application Provider has no obligation to furnish maintenance and support of services or handle any transaction issues.
• The Application Provider is not responsible for handling or addressing any claims you or any third party have relating to the Services Application.
• The Application Provider is seen as a third party beneficiary of Enablr’s Terms of Use as conditioned by your utilization of the Application, and the Application Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your utilization of the Application against you.
• In the event of any third party claim that the Application or your possession and handling of the Application violates that third party’s intellectual property rights, Enablr Therapy will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim, not the Application Provider.
• You are not residing or located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and you are not listed on any U.S. government lists of prohibited or restricted parties. The foregoing terms apply to your use of all the Services, including the Application.

Enablr Therapy Providers

The Company performs the following screening before allowing a Provider to access the Website for the purpose of serving Clients:

• Confirm that the Provider is licensed and that the license is in good standing.
• Confirm educational history
• Confirm any certifications
• Perform a criminal background check
• Confirm malpractice insurance in the amount of $1,000,000.

After we perform the screening, we ask the Provider to certify for us annually that the Provider’s license, certifications, and insurance remain in force. Aside from the screening process described above, we do not make any representations or warranties about the Website or the service we provide, and we expressly disclaim all warranties including without limitation any warranty of fitness for a particular purpose.

To help you find a Provider who may be suitable for your needs and enable the maximum choice and diversity of Providers participating in the Services, we will provide you with lists and/or profiles of Providers. These results are based on information that you provide to us, such as geographical location, and healthcare specialty and/or services they provide. They may also be based on other criteria (including, for example, Provider availability, preferred gender, and past selections by and/or ratings of Providers by you or by other clients).

Client Responsibilities

Clients are responsible for ensuring that all persons that access the Services through your internet connection are aware of these Terms of Use and comply with them. You are responsible for making all arrangements necessary to have access to the Services and maintaining confidentiality of your access. When you create an account through Enablr Therapy’s website, you will provide an email address and password, together known as “Credentials”. You should keep your Credentials confidential and ensure they are not shared with anyone else. If your password is stolen or compromised, you must immediately notify us by sending an email to support@enablrtherapy.com. You are responsible for supplying Enablr and your Provider with accurate, complete, and updated intake information about yourself (or the client with prior authorization). You acknowledge that your account is personal to you and agree not to provide any other person with access to these Services using your Credentials or other security information. With this, you also agree to sign out of your account at the end of each session and avoid leaving the Services open unattended. You should use caution when accessing your account from a public or shared computer to avoid unauthorized access for viewing or recording your personal information.

While it may be free to create an Enablr Therapy Account and download our app, you are still liable for your healthcare expenses that incur during therapy services with your Provider. Any charges for therapy services rendered by your Provider will apply and will be entirely your responsibility. Ultimately, you must resolve any dispute between you or any Provider arising from any transaction directly with the Provider or by emailing support@enablrtherapy.com. You are responsible for all use of the Services and of your Credentials, including use by others to whom you have given your Credentials. You are responsible for only using the Services for lawful, non-commercial purposes. 

A. Prohibited Uses

1. Otherwise attempt to interfere with the proper working of the Services.

You are also responsible for reviewing and complying with the terms set forth in our Privacy Policy and Content Standards. As you agree to only use the Services for lawful purposes and in accordance with these Terms of Use, you agree not to use the Services:

1. In any way that violates any applicable federal, state, local, or international law or regulation, your access to the Services will immediately be discontinued. This includes, but is not limited to, any laws regarding the export of data or software to and from the US or other countries.
2. Use the Services in any way that would damage, disable, impair, or interfere with any other party’s use and enjoyment of the Services. 
3. Attempt to acquire unauthorized access for any of the Services or user accounts through hacking, password mining, impersonating a Company employee or Provider, or any other means. 
4. Assemble or index, directly or indirectly, any Content or portion of the Services (including, without limitation, Provider Content, appointment availability, and pricing information) for any purpose whatsoever.  
5. Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation. 
6. Exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate content, or asking for personally identifiable information or otherwise.
7. Use any robot, spider, or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services. 
8. Use any manual process to monitor or copy any of the material from the Services or for any other unauthorized purpose without our prior written consent.
9. Use any device, software, or routine that interferes with the proper working of the Services.
10. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
11. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
12. Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

In addition to our rights in these Terms of Use, we have the right to take any legal action necessary and implement any technological measures to prevent such violations of the restrictions and to enforce these Terms of Use. We also have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our judgment, you have violated any provision of these Terms of Use.

If you are a Healthcare Provider (not associated with Enablr Providers) or other person in the healthcare or medical industries, regardless of whether you maintain a Enablr Account or whether you intend to schedule appointments through the Services, you acknowledge and agree that:

1.  You will not use the Services to view, access or otherwise use, directly or indirectly, pricing, availability, or other Content for any purpose other than your own personal use as a patient or potential patient;
2. You will not use the Services in an attempt to establish, or enforce, directly or indirectly, any agreement or management of the prices charged for any service; the types, frequencies, or amounts of any service offered; or the customers for any service, or otherwise engage or attempt to engage in price fixing or customer or market allocation; and
3.  You will not use the Services, directly or indirectly, to engage in any deceptive or unfair practices (including but not limited to booking fallacious therapy appointments), or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.

B. Communications

By voluntarily providing your phone number to Enablr Therapy, you agree that Enablr may contact you by telephone, SMS, or MMS messages at the number provided to communicate information regarding appointments, billing issues, intake procedures, reviews of Services, and for any assistance.

You hereby agree to receiving such communications for transactional, operational, or informational purposes, and you represent and warrant that each person you register for the Services or for whom you provide a phone number has consented to receive communications from Enablr Therapy. You agree to indemnify and hold Enablr Therapy harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) that arise from your breach of the foregoing.

Message and data rates from your mobile phone service provider may apply and are subject to the terms and conditions brought on by your provider. You can opt out of receiving SMS messages anytime by changing your notification settings in your account, or following the given instructions for doing so. Note that by opting out of receiving all SMS messages, you may experience an impact on your use of the Services.

If you change or deactivate the phone number you provided to Enablr Therapy, you have a definite obligation to update your account information and the phone number(s) attached to your account to prevent us from unintentionally communicating with anyone who acquires your previously assigned phone number(s), and you understand that any new phone number(s) you attach to your account may receive Enablr Therapy’s standard SMS messages unless you opt out via the above procedures.

C. Client Public User Contributions

These Services may contain public message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, video content, and other interactive features (collectively, “Interactive Services”) that allow users to submit, publish, display, or transmit to other users or other persons (“post”) content or materials (collectively, “Public User Contributions”) on or through the Services. All Public User Contributions must comply with the Content Standards set out in these Terms of Use.

a. Posting Public User Contribution

1. 1. Any Public User Contribution you post to the Services are considered non-confidential and non-proprietary. By providing any Public User Contribution on the Services, you acknowledge that your contribution will be viewable to the public.
   2. You understand that you are responsible for any Public User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. 
   3. You understand that if you post a Public User Contribution, you are giving us the right to use and display your Public User Contributions.
   4. We are not responsible, or liable to any third party, for the content or accuracy of any Public User Contributions posted by you or any other user within the Services.
   5. By posting through the Services, you agree to and hereby grant, to Enablr Therapy and its affiliates a binding, perpetual, fully sublicensable and paid up worldwide license to use, copy, publicly and digitally perform and display, and distribute your Public User Contributions with the opportunity to adapt, edit, translate, incorporate into other works, and otherwise fully exploit this information. 
   6. You guarantee that you have all rights to grant such licenses to us without violation of any third party rights, including without limitation any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You may not post Public User Contributions with false or fraudulent information, or which otherwise does not accurately represent your opinions and experiences.

b. Monitoring and Enforcement

We do not necessarily review material before it is posted on our Services, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding Public User Contributions provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. Public User Contributions solely reflect the views or opinions of the author, and not of Enablr Therapy.

Enablr Therapy reserves the right to:

• Remove or refuse to post any Public User Contributions for any or no reason at our sole discretion.
• Take any action with respect to any Public User Contribution that we deem necessary or appropriate, including, but not limited to, the Public User Contribution violating the Terms of Use or the Content Standards, infringing any intellectual property right or other right of any person or entity, threatening the personal safety of users of the Services or the public or creating liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

c. Provider Feedback

Enablr Therapy welcomes and encourages you to offer feedback, comments, and suggestions for improvements to the Services and Providers (“Feedback“). You may submit Feedback by emailing us at support@enablrtherapy.com, messaging us on our social networking accounts, or by other means of communication. Any Feedback submitted will be considered non-confidential and non-proprietary. By submitting your Feedback, you grant Enablr a non-exclusive, worldwide, irrevocable, sub-licensable, and perpetual license to use said Feedback for any purpose, without compensation to you.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH INVESTIGATIONS OR BY LAW ENFORCEMENT AUTHORITIES.

Security

A. Safeguards 

Enablr Therapy will maintain industry-standard administrative, physical, and technical safeguards to prevent and eliminate unauthorized access and use or disclosure of data processed through or stored in the Services. These safeguards include, but are not limited to, cyber security policies and training for our personnel, two-step authentication measures, access controls, minimum security certifications and practices for our data centers, PCI-compliant payment processors and encryption.

B. Security Features

The Services also contain features which allow you to further enhance the security of your account. For example, Clients can establish account access controls for each user and Providers have the ability to sign and lock charts to prevent charts from being accidentally overwritten.

C. Security Breach

Enablr Therapy will notify affected users if we determine that the security of the Services has been breached and this results in account data being accessed by or disclosed to an individual or entity who is unauthorized to access or gather such information. Enablr Therapy will report to the affected users on the corrective action being taken in response to a security breach and will reasonably cooperate with those users in minimizing the effects of any lost or compromised data.

D. Your Responsibility 

Users will notify Enablr Therapy immediately if they become aware of any unauthorized activity on their account(s), of any compromised Credentials, or any other known or suspected breach of security.

Data Retention

Our clinic management platform is built to preserve and protect the integrity of user accounts in order to assist our Providers with their regulatory and compliance commitment regarding Client records. As a result, we will not terminate or deactivate user accounts while you are actively receiving services, unless there is a regulatory or legal requirement to do so. 

Clients may request to export their account data (chart notes, evaluations, superbills, and transaction reports) at any time and should do so prior to deactivating or terminating their use of our clinic management platform. To request an export of data, email support@enablrtherapy.com. 

When an account is terminated or deactivated, the account and all data associated with the account is no longer available for use and cannot be accessed. The account and its data will be retained in the event the Client wishes to reactivate the account. Client data is stored securely and isolated from any further processing while the account is not active.

Clients may contact Enablr Therapy at any time with questions about their account data. Please note that, in order to maintain strict security, we will not take instructions from anyone other than the Account Owner.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. 

Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

A. Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (”DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Kyle Keene

1897 General George Patton Drive, Suite 108

Franklin, TN 37067

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts (as applicable) of users who are repeat infringers.

B. Reliance on Information Posted

These Services include content provided by third parties. For example, in the forums, there may be content from Providers, potentially other Clients, and other third-party content. There may be articles or other materials posted on the website or in the client portal. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you, or any third party, for the content or accuracy of any materials provided by any third parties.

Intellectual Property

Enablr Therapy, its licensors and providers of material own and have obtained the rights to use all intellectual property or proprietary rights in the Services. This includes, but is not limited to, the underlying software and technology that operates the Services, all materials and content posted or made available on our website or through the Services, such as videos and audio, photos, illustrative graphics, text, research and blog postings, and the Enablr logo. Enablr Therapy is protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights.

A. Content

While utilizing the Services, you will find certain Content that Enablr makes available to you. “Content” means blogs, text, data, graphics, images, photographs, video, audio, information, suggestions, articles, scheduling availability, guidance, and other materials made available or otherwise found through the Services. This also includes, without limitation, Content provided in direct response to your questions or postings. You acknowledge that although some Content may be provided by healthcare professionals, the Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you in understanding diagnoses, offer tips and guidance for when to seek a healthcare specialist, or otherwise be generally informative.

Services and devices discussed and/or marketed through the Services are not applicable to all individuals or situations. Any services or devices discussed through the Services are presented for your awareness and we make no claims to necessarily imply  a perfectly matched Provider or  prediction of effectiveness, outcome, or success.

B. Trademark

The Company name and all related names, logos, service names, designs, and slogans are trademarks of the Company or its affiliates/licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on Enbalr’s Services are the trademarks of their respective owners.

Medical Information

To begin services, you will be asked to enter brief medical information into the Services, found on Enablr’s client intake form (“Client Intake Form”) on behalf of yourself or a third party that has authorized you to provide such information. The information you provide on the Client Intake Form will be shared with your chosen Provider to assist with planning your treatments. You acknowledge and agree that such information will be reviewed and approved by you or someone authorized by you at the time of your appointment to ensure its accuracy. You also acknowledge that Enablr Therapy may use the data or information you provide in a Client Intake Form in accordance with our Privacy Policy.

Teletherapy Services

Enablr Therapy offers teletherapy services (also referred to as “online” and “remote” services). Through these services, Enablr’s Providers will connect with their clients through a HIPAA compliant platform, Zoom. In providing the Zoom platform, Enablr’s role is limited to making certain teletherapy related information available to you and/or facilitating your access to teletherapy services delivered by your Provider.

There are benefits, risks, and possible consequences associated with teletherapy, including, but not limited to, the possibility, despite reasonable efforts on the part of Enablr Therapy and your Provider, that: the transmission of your information could be disrupted or distorted by technical failures; the transmission of your information could be interrupted or accessed by unauthorized persons; and/or the electronic storage of my medical information could be accessed by unauthorized persons. By beginning teletherapy services, you acknowledge and understand this information and agree to not hold Enablr Therapy liable. 

Payment and Transactions

Enablr Therapy currently uses CardPointe CardConnect as a payment processing partner (“CardPointe Payments”). If you choose to use CardPointe Payments to send or receive payment, you are agreeing to any terms of service and the privacy notice of CardPointe. With respect to any disputes that may arise by virtue of CardPointe Payments, you understand and agree that you are bound by the policies of CardPointe Payments. You agree to release us and hold us harmless against any injury you may incur as a result of providing your personal information or funds of any sort to a third party vendor. 

Parties who violate these Terms of Use by failing to make CardPointe Payments for transactions generated through the Services will be removed from the Services indefinitely. Clients should not enter into transactions with Providers outside of the Services.

Please note that any payment terms presented to you in the process of using or signing up for therapy services are deemed part of the Terms of Use.

A. Transaction Processing

The transaction processing fee associated with credit card payments will not exceed the fair market value for the Transaction Processing Services provided by Enablr Therapy and its payment processing partner. 

You acknowledge and agree that:

• You acknowledge the first appointment charge will be processed on the day your first appointment is requested
• After initial appointment on the Enablr Platform, you are responsible for and you will pay the listed appointment amount for your service provided by the Enablr Provider on the day the service is to be rendered 
• In the event you dispute any fees chargeable or charged through Enablr, you will resolve such dispute directly with your Provider or the Enablr Therapy team by emailing support@enablrtherapy.com
• You will promptly review all charges processed through CardPointe Payments, and immediately notify Enablr to the extent you have any questions, concerns or disputes; in no event may you raise any questions, concerns or disputes after twelve (12) months from the date of the applicable transaction;

We are not responsible for any error by CardPointe Payments. You further acknowledge and agree that neither Enablr nor CardPointe Payments will be responsible if either we or CardPointe Payments are unable to complete a transaction for any reason, including but not limited to:

• If you have not provided us with accurate, current, and complete payment information
• If you do not have sufficient available funds or available credit to complete the transaction
• If you do not have an active payment card, or if we are unable to confirm your payment card information or your identity
• If your account with us, your account with CardPointe Payments, your access to the Services, or your access to CardPointe’s services has been terminated or suspended for any reason
• If we or CardPointe have reason to believe that the requested transaction is unauthorized
• If we terminate or suspend the services we provide to the applicable Provider

B. Provider Services

Prior to scheduling an appointment with a Provider, please carefully review the pricing information and all of the products and services that are included and excluded in each Provider’s listed services. Providers are required to provide the applicable Provider Services at or below the price indicated at the time of scheduling (“Designated Price”), unless a separate price is agreed upon prior to services being performed. Additional services may be offered or given by other Providers, in which case the same rules apply to those services and are held between you and the other Provider. 

Changes to Services

We may update our Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material. 

All information we collect in regards to your visits to our Services is subject to our Privacy Policy [enablrtherapy.com/privacy-policy]. By using our Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website
• Send e-mails or other communications with certain content, or links to certain content, on this Website
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own website or certain third-party websites

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site
• Link to any part of the Website other than the homepage
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use

You agree to cooperate and avoid causing any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice and at our discretion.