Track Your Hours is a digital solution for aspiring mental health clinicians seeking licensure in New York, Texas, or California.

This document contains our Terms of Service (also referred to as “Agreement”), which explains what our customers (also referred to as “you” and “your”) must agree to in order to use the Track Your Hours platform, services, and website (also referred to as the “Services”).

If you have any questions about the Agreement, you can contact us.

By using the Service and creating an account (“Account”), or by otherwise signifying your acceptance of this Agreement, you are agreeing to be bound by this Agreement. References to “you” or “your” refer to the individual accessing or using the Service. If you do not agree to these Terms of Service, you may not and shall not access or use the Service. These Terms of Service are a binding contract between you and Track Your Hours, LLC (“TYH”, “we”, “our”, “us”).

You show that you accept this Agreement by any act demonstrating your intent to use the Service, including by clicking a checkbox or any button containing the words “I agree” or “Create account”, or by accessing or using the Service, whether you have read this Agreement or not.

We reserve the right to update and change the Agreement from time to time with notice. Continued use of the Service after any changes to the Agreement shows your consent to such changes. You can review the most current version of the Agreement at any time at: http://www.trackyourhours.com/terms-of-service

Violation of the Agreement will result in the termination of your Account.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE (UNLESS YOU OPT OUT) AND A CLASS ACTION WAIVER, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. THESE REQUIREMENTS CAN BE FOUND IN SECTION 14: DISPUTE RESOLUTION. PLEASE READ THEM CAREFULLY.

1. Definitions

• “Content” means the information uploaded or shared through the Service, including Registration Data and Personal Information (as defined below), by a user of the Service. 
• “Dispute” will have the broadest meaning possible and means any dispute, action, or other controversy between you and TYH relating to the Service or this Agreement – whether in contract, warranty, tort, laws, or regulations.
• “Intellectual Property Rights” means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognized by law.
• “Personal Information” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, such as your name, email address, IP address, telephone number, and broader categories of information such as your professional, educational or health information, commercial information and internet activity.
• “Third Party Materials” means hardware, software, networking, storage, and related technology provided by vendors and partners. 

2. Account Creation and Use

• You must be 18 years or older to use this Service. By accepting this Agreement, you represent that you are at least 18 years of age, or the legal age of majority if your jurisdiction has an older age of majority. 
• You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
• You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process (“Registration Data”). Accounts created with invalid or fraudulent information will be terminated immediately.
• Your login may only be used by one person. A single login shared by multiple people is not permitted.
• You are responsible for maintaining the security and confidentiality of your account and password. You will be responsible for any loss or damage resulting from your unfulfillment of this security obligation.
• You may not maintain more than one free account per license type.
• You may not use the Service for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction.
• Free trial accounts allow you to determine if the software will meet your needs. Your free trial account will expire after 30 days. If your free trial account expires, you will have the option to either download your completed forms, waive the grace period of 6 years for document storage, or purchase a plan. 
• The Service is currently available to pre-licensed social workers, pre-licensed marriage and family therapists, and pre-licensed professional clinical counselors in California; pre-licensed mental health counselors and pre-licensed social workers in New York; and pre-licensed professional counselors in Texas.

3. Payment & Refunds

For Texas Customers only:

• If you sign up for a free trial, you have the option to enter your payment details. You will not be charged until the end of the 30-day free trial.
• Once you transition to a paid Account, the Service will be provided on an annual subscription basis. You can cancel auto-renewal at any time in your Account Settings.

For California and New York Customers only:

• An upgrade to any paid Account will end your free trial. Upon upgrading from your free trial, you will be billed immediately for your first year.
• Your free trial will expire after 30 days or when you log 1,000 hours, whichever occurs first. If your free trial expires you will not be able to enter or view hours until payment is submitted.

For all Customers:

• A valid credit card is required for a paid Account.
• If you request to cancel within 5 days of your purchase, you will receive a full refund.
• If you request to cancel 6 or more days after your purchase, your refund requests will be denied. We do not offer refunds or credits for partial years of service. Requests can be made through our contact form.
• All prices listed exclude all sales taxes, fees, use taxes, charges, duties, levies and similar governmental charges (“Sales Taxes”) imposed on the provision of the Service. You are responsible for paying all Sales Taxes to us in addition to the Service costs. Where applicable, we reserve the right to collect Sales Taxes retroactively. 

4. Cancellation and Termination

For Texas Customers only:

• If you created or upgraded to a paid Account prior to January 4th, 2024 (“Legacy Account”), your Account will not be auto-renewed. If you no longer plan to use a Legacy Account, you can either let it expire or actively cancel your Legacy Account in your Account Settings.
• If your Account is created after January 4th, 2024, your yearly subscription will auto-renew. You can cancel auto-renewal at any time in your Account Settings.

For California and New York Customers only:

• We do not auto-renew any paid Accounts. If you no longer plan to use an Account, You can either let it expire or actively cancel in your Account Settings.

For all Customers:

• After canceling your Account, all information will be stored for 6 years unless you waive this grace period. If you waive the grace period, all of your Content will be deleted from the Service. This information cannot be recovered. 
• We have the right to suspend or terminate your Account and refuse current or future use of any of our Services, for any reason, at any time. Termination of your Account will result in the deletion of your Account and all of its Content.

5. Modification to the Services and Prices

• We may add new services for additional fees and charges, or modify fees and charges for the existing Service at any time with notice.
• We reserve the right to add, modify, discontinue or eliminate features or functionality of the Service for any reason, at its sole discretion, with notice.
• Track Your Hours, LLC will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

6. Content Ownership

• You are responsible for all Content posted and activity that occurs under your Account.
• While we prohibit certain conduct and Content on the Service, you understand and agree that we are not responsible for the Content posted on the Service.
• We do not screen Content in advance of its publication on the Service.
• We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.
• We claim no Intellectual Property Rights over the Content you provide or use with the Service. All of your Content remains yours.

7. Intellectual Property

• You agree that except for the express licenses granted to you, we and our licensors retain all of the Intellectual Property Rights in the Service, including in and to our trademarks, service marks, trade names, logos, domain names, taglines, and trade dress (collectively, the “ Marks”). You understand that such Intellectual Property Rights are apart from any rights you may have in Content uploaded in the Service. All proprietary notices and disclaimers that are included in the Service must be reproduced and not be altered in any way. 
• We hereby grant you a non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to access and use the Service, in each case expressly conditioned upon your Account remaining active, in good standing, and in full compliance with this Agreement. All other rights are reserved by us. 
• You will not:
  • Allow any person or entity not authorized by us to use or access the Service;
  • Attempt to copy any ideas, features, functions, or graphics contained in the Service;
  • Use the Service for any purpose intended to benefit a party other than you;
  • Alter or modify any part of the Service;
  • Sell, assign, sublicense, rent, lease or otherwise transfer any part of, or any rights connected with, the Service;
  • Attempt to translate, disassemble, decompile, reverse assemble, reverse engineer any part of the Service or otherwise attempt to derive the source code of the Service, including to design or build a competitive product or service;
  • Impersonate any person or entity without their consent, or misrepresent your affiliation;
  • Engage in malicious, disruptive, or other conduct that impedes or interferes with other users’ normal use of the Service;
  • Transmit any worms, viruses, or destructive code.
• You may provide suggestions, ideas, or feedback (collectively, “Feedback”) regarding your use of the Service or our other products or services. We will exclusively own and have title to all Feedback provided by you, and you hereby irrevocably and perpetually assign (and agree to irrevocably and perpetually assign) all right, title, and interest, including Intellectual Property Rights, in and to such Feedback. The foregoing assignment is made without any duty to account to you or to any other persons or entities. 

8. Data Privacy 

• More information about our privacy practices is available in the TYH Privacy Policy. We will not sell any Personal Information. We will not retain, use or disclose the Personal Information you provide to us except for the specific purpose of performing our obligations under this Agreement, including providing and improving the Service. We will not retain, use or disclose Personal Information about you outside of our direct business or contractual relationship with you. For more information, please review the TYH Privacy Policy.

9. Interruption of Service

• You are responsible for obtaining, maintaining, and paying for hardware, software, and all telecommunications and other services needed to use the Service. We may need to interrupt or suspend the Service, with or without prior notice, to protect the integrity or functionality of the Service or for maintenance purposes. You agree that we are not liable for any interruption or suspension of the Service (whether intentional or not). You understand that you will not be entitled to any refunds or other compensation for interruption or suspension of the Service. Likewise, you agree that in the event of loss of any Content, we will not be liable for any damage or harm.

10. Third Party Materials

• You agree that we are not responsible or liable for the Third Party Materials, including the accuracy, timeliness, completeness, reliability, integrity, quality, legality, usefulness, safety, or intellectual property rights of these materials. Nothing in this Agreement is a representation or warranty by us with respect to any Third Party Materials, and we have no obligation to monitor the Third Party Materials. We may block or disable access to any Third Party Materials (in whole or in part) through the Services at any time. Your use of Third Party Materials is at your own risk and is subject to any additional terms and conditions of use.

11. Warranties

• We offer our Services, including any Third Party Materials and your Account, as they currently are (‘as is’). We make no promises or guarantees about the Service, whether expressed, implied, or statutory. This includes no guarantees about the Service being suitable for a particular purpose or not violating any rights. We also do not promise that the Service will always be error-free, secure, or without interruptions. Despite any Intellectual Property Rights you may have to your Content, data related to your Account on our Servers, or any expenses paid by you, you are using the Service at your own risk, and will not receive any compensation or refunds if the Service doesn’t meet your expectations except as specifically stated in this Agreement. Please note that in some places, this type of disclaimer might not be applicable.

12. Limitation of Liability

• To the maximum extent allowed by law, TYH, its directors, equity owners, subsidiaries, employees, licensors, and agents, aren’t liable for any indirect, incidental, consequential, reliance, punitive, or exemplary damages (including lost profits, data, or Content), disgorgement, or comparable equitable remedy related to the Service, Third Party Materials, or your Account. This applies regardless of whether such damages were foreseeable and regardless of the failure of any remedy’s essential purpose. Our cumulative liability will not exceed $150.00 under any circumstance. This limitation may not apply in all areas due to local laws.

13. Indemnification

• At our request, you agree to defend, indemnify, and hold harmless TYH, its directors, equity owners, subsidiaries, employees, licensors, and agents from all costs, claims, liabilities, damages, losses, and expenses, arising from:
  • any breach or alleged breach, by you, of this Agreement;
  • allegations by any third party that your Content is:
    1. false, intentionally misleading, defamatory, or infringes, misappropriates, or otherwise violates such third party’s Intellectual Property Rights, privacy rights, right of publicity, or other proprietary rights; 
    2. contains material that is unlawful, including illegal hate speech or pornography; 
    3. exploits or otherwise harms minors; 
    4. violates or advocates the violation of any law or regulation; or
  • your negligent, willful or illegal conduct.
• Without our written consent, you will not settle any matters subject to this indemnification if, by doing so, you are admitting liability or fault on the part of TYH. We reserve the right to take over the defense of these claims and any matters subject to indemnification, in which case you agree to fully cooperate and provide us with full information related to our defense.

14. Dispute Resolution

• If you have a Dispute with us (including any Dispute over the validity, enforceability, or scope of this Dispute resolution provision), it must be resolved by arbitration (not in court) unless it qualifies for small claims court or requires injunctive relief. If you do not want to be bound by this arbitration provision, you may opt out. To opt out of arbitration, send a written notice within 30 days of your acceptance of this Agreement, stating that you do not want to use arbitration to resolve Disputes with us. Written notices should be sent by mail to: SimplePractice, LLC, c/o Compliance Manager, 2834 Colorado Ave., Suite 200 Santa Monica, CA 90404.
• The arbitration will be conducted by the American Arbitration Association under its Consumer Arbitration Rules, available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf, as amended by this Agreement. Hearings will be by phone or video, unless in-person is requested by you or TYH and the arbitrator determines in-person is more appropriate. If the parties are unable to agree on a location, the AAA or the arbitrator will determine the location. The arbitrator’s decision is final and binding. The arbitrator will have authority to award equitable and necessary relief.. The award determined by the arbitrator may be confirmed and enforced in any court with legal jurisdiction. This arbitration provision does not affect your right to bring issues to government agencies.
• If you opt out of arbitration, disputes will be handled in Los Angeles federal and state courts under California law. This Agreement and the relationship between you and TYH will be governed by the Federal Arbitration Act and the laws of the State of California without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Each party will still be allowed to apply for equitable relief to protect or enforce that party’s Intellectual Property Rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
• You agree to bring claims against TYH individually, not as part of a class action. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

15. Government Use and Export Control

• You acknowledge that the Service provided by us is based in the United States. We make no warranty or representation that any aspect of the Service is appropriate for use outside of the United States or may be used for persons who are not then located outside the United States. Those who access the Service from other locations are responsible for compliance with applicable local laws.
• If the Service is being used by or on behalf of the United States Government or another governmental entity, then the following provision applies. The Services are “commercial computer software” and/or “commercial computer software documentation” as defined in Federal Acquisition Regulation (48 C.F.R. Chapter 1, or “FAR”) 2.101 or similar law, regulation or provision. In accordance with FAR 12.212, Department of Defense FAR Supplement (“DFARS”) 227.7202, or other similar law, regulation, or provision, any use, reproduction, release, performance, display or disclosure of the Services and any accompanying documentation by the U.S. government or other governmental entity will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. All terms of this Agreement apply, except to the limited extent the U.S. government or other governmental entity is prohibited by federal or other procurement law from agreeing to such terms. If any provision in this Agreement is prohibited, such provision will be modified only to the extent reasonably necessary to comply with applicable law while giving maximum effect to the Agreement.
• Export Controls and Sanctions Compliance.  The Services originate in the United States, and are subject to United States export control and sanctions laws, including the Export Administration Regulations (“EAR”) and the regulations of the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”).  The Services may not be directly or indirectly exported or re-exported to: (a) any person or entity prohibited to receive Services under the EAR (including the prohibition on providing items subject to the EAR to anyone on the EAR Entity List or Denied Person List); (b) any country or territory subject to a comprehensive embargo by the United States without appropriate licensing authority; or (c) any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. Government (including any person or entity identified on OFAC’s list of Specially Designated Nationals (“SDNs”) or any entity that is fifty percent (50%) or more owned by one or more SDNs).  In addition, the Services may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Services.

16. General Conditions

• Technical support is provided to our customers and is available through email support only.
• Our failure to exercise or enforce any right or provision of this Agreement does not waive the right or provision. 
• We may provide notice to you and obtain consent from you (1) through the Service, including within your Account; (2) by email at the email address associated with your Account; and/or (3) by mail to you at the address associated with your Account. 
• You must submit all notices required or permitted under this Agreement to SimplePractice, LLC, c/o Compliance Manager, 2834 Colorado Ave., Suite 200 Santa Monica, CA 90404.
• We provide information by email or posting through the Service. The emails and other communications you will receive include those relating to billing, Account verification, platform and Service training, survey or interview requests (for product improvement purposes), marketing and promotions, and administrative announcements (including related to this Agreement, our Privacy Policy, or security incident notifications). You understand that by using the Service and agreeing to this Agreement, we will send you the above communication types. You do have the right to opt out of communications related to survey or interview requests and marketing and promotions. However, you waive the right to opt out of any other communications to the extent permitted by applicable law. 
• This Agreement includes everything agreed on by you and TYH and replaces any previous agreements. SimplePractice can change this Agreement at any time and will notify you of these changes. If you do not agree with the changes, you should discontinue your use of the Service. If you continue using the Service, it indicates that you accept the Agreement and any changes. You acknowledge that no other written, oral or electronic communications will modify or supplement this Agreement, and you agree not to make any claims inconsistent with this understanding or in reliance on communications not part of this Agreement. The section headings and summaries in this Agreement are for convenience only and do not change the interpretation of this Agreement. If any part of this Agreement is not enforceable by law, that part will not apply. However, the rest of the Agreement will still be valid and enforceable.
• You cannot assign your rights or responsibilities under this Agreement to anyone else without our written consent. You cannot transfer or sublicense any licenses granted by us in this Agreement without our written consent. We can assign this Agreement, in whole or in part, including its rights, licenses, benefits and obligations, to someone else without your consent.
• You acknowledge that your participation in the Service does not make you a TYH employee. You do not expect to be, and will not be, compensated by us for such activities. You will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture, franchise relationship is intended or created by this Agreement. Except as written in this Agreement, there are no third party beneficiaries, intended or implied, under this Agreement.
• Any rights and/or obligations in this Agreement which should survive termination of this Agreement, will do so. 
• Questions about this Agreement should be submitted via our contact form.