Not for emergencies. PsyBird is not an emergency or crisis service and is not monitored in real time. If you are experiencing a medical or mental-health emergency, or thinking about harming yourself, call 911 (or your local emergency number), or call or text 988 (the U.S. Suicide & Crisis Lifeline). Do not rely on PsyBird for urgent help. See section 6.
1. Agreement to these terms
Applies to: all users
These Terms of Service (“Terms”) are a binding agreement between you and PsyBird.AI (“PsyBird,” “we,” “our,” or “us”) governing your access to and use of the PsyBird platform, applications, and related services (the “Service”). By creating an account, accepting these Terms, or using the Service, you agree to them. If you do not agree, do not use the Service.
If you accept these Terms on behalf of a healthcare practice or other organization (a “Practice”), you represent that you are authorized to bind that organization, and “you” includes that organization.
Related documents. These Terms incorporate by reference the PsyBird Privacy Policy and, for Patients, the Patient Consent. For a Practice that is a HIPAA covered entity or business associate, a separate Business Associate Agreement (“BAA”) governs the handling of protected health information (“PHI”); to the extent the BAA conflicts with these Terms regarding PHI, the BAA controls (see section 12).
2. Definitions
Applies to: all users
- Practice: a licensed provider or group that subscribes to the Service and invites Patients.
- Therapist / Authorized User: an individual authorized by a Practice to use the Service.
- Patient: an individual invited by a Practice to use the Service as part of that Practice’s care.
- Content: information submitted to or generated through the Service, including messages, notes, exercises, summaries, and letters.
- PHI: protected health information as defined under HIPAA.
3. Eligibility, accounts, and minors
Applies to: all users
Eligibility. To create an account or accept these Terms you must be at least 18 years old and able to form a binding contract.
Minors. A Patient under 18 may use the Service only where permitted by law and with the consent of a parent or legal guardian and/or the supervising Practice, consistent with applicable minor-consent laws. The Practice is responsible for obtaining and documenting any consent required to enroll a minor. PsyBird does not knowingly allow children under 13 to create accounts.
Account security. You are responsible for maintaining the confidentiality of your credentials, for all activity under your account, for providing accurate information, and for not sharing your account. Notify us immediately of any suspected unauthorized access.
4. Description of the Service
Applies to: all users
PsyBird is an AI-supported platform that helps licensed mental-health professionals extend therapist-directed support to Patients between sessions. Features may include AI-supported supportive conversations, therapist-assigned exercises and activities, engagement tracking, therapist dashboards, progress information, and data exports supporting documentation workflows. The Service supports, and does not replace, therapist-directed care.
Changes to the Service. We may modify, add, or discontinue features from time to time. We will not make changes that materially reduce core functionality for a paid Practice during a paid term without notice.
5. Not medical advice or a healthcare provider
Applies to: all users
PsyBird is not a healthcare provider, therapist, psychologist, counselor, physician, or emergency service, and does not practice medicine or provide healthcare. PsyBird does not diagnose conditions, provide independent clinical assessments, make treatment decisions, provide emergency intervention, or replace professional healthcare. All clinical decisions and care are the sole responsibility of the licensed professional. Nothing generated through the Service is medical advice.
6. Crisis situations and emergencies
Applies to: all users
The Service is not designed for emergencies and is not monitored in real time. Content that appears concerning may be summarized or flagged to the Patient’s Therapist for later review; this is not real-time monitoring and is not a substitute for emergency care. Do not use the Service to request urgent or emergency help.
If you are in crisis: call 911 (or your local emergency number), or call or text 988 (U.S. Suicide & Crisis Lifeline). The Service may also direct you to these resources.
Practice responsibility. Practices remain solely responsible for clinical monitoring, for their own duty-to-warn, mandatory-reporting, and safety-planning obligations, and for acting on any flags or information surfaced through the Service.
7. Artificial intelligence disclosure
Applies to: all users
The Service uses artificial intelligence to generate supportive interactions and summaries. You acknowledge that: you may be interacting with an AI system rather than a person; AI output can be inaccurate, incomplete, or otherwise flawed and may “hallucinate”; AI output is not professional or medical advice and does not reflect the views of any licensed provider; and the AI does not replace communication with your Therapist. Discuss significant concerns or treatment decisions with a licensed professional.
8. Practice and Therapist responsibilities
Applies to: Practices & Therapists
Practices and Therapists are responsible for: determining whether the Service is clinically appropriate for a given Patient; obtaining any patient consents required to use the Service and to enroll minors; reviewing Patient information as clinically appropriate and acting on flags; maintaining professional standards of care and making all treatment decisions; maintaining accurate medical documentation; supervising Authorized Users; and ensuring their billing and coding practices (including RTM) comply with applicable requirements. PsyBird provides technology tools and does not determine clinical appropriateness or reimbursement eligibility.
9. Patient responsibilities and acceptable use
Applies to: all users
You agree not to: attempt to gain unauthorized access to the Service or another user’s information; circumvent or probe security controls; upload malicious code; use the Service for unlawful purposes; interfere with the Service’s operation; or submit information about third parties that you are not authorized to share. Patients should use the Service as a companion to, not a substitute for, professional care and emergency support.
10. Remote Therapeutic Monitoring (RTM)
Applies to: Practices & Therapists
The Service may help Therapists collect and export Patient engagement information that can support RTM workflows. PsyBird does not determine whether RTM or other billing requirements are met, submit insurance claims, guarantee reimbursement, or provide billing advice. Providers are solely responsible for verifying payer requirements and submitting accurate claims and documentation.
11. Fees, billing, and subscription renewal
Applies to: Practices (paying customers)
Fees. Subscription fees are set out in the plan you select and are payable in advance for each billing cycle. You authorize us (or our payment processor) to charge your payment method for all fees and applicable taxes.
Automatic renewal. Unless cancelled at least 30 days before the end of the then-current term, your subscription automatically renews for successive monthly or annual terms (matching the term you selected) at the then-current price. You may cancel at any time in your account settings; cancellation takes effect at the end of the current paid term.
Price changes. We may change fees on at least 30 days’ notice, effective at your next renewal.
Non-payment; taxes; refunds. We may suspend the Service for non-payment. Fees are exclusive of taxes, which are your responsibility. Except as required by law or expressly stated, fees are non-refundable.
12. Privacy, PHI, and the BAA
Applies to: all users
Our handling of information is described in the Privacy Policy, incorporated by reference. Patients acknowledge that their Therapist and Practice may access information generated through the Service, that we process information through approved technology providers (section 14), and that authorized providers may review AI interactions consistent with the Patient Consent.
PHI and the BAA. Where a Practice is a HIPAA covered entity or business associate and PHI is involved, the parties will enter a BAA, which governs PHI and controls over these Terms to the extent of any conflict regarding PHI. Practices are responsible for ensuring a BAA is in place before transmitting PHI through the Service.
13. Content, ownership, and licenses
Applies to: all users
Your Content. As between you and PsyBird, Practices and Patients retain ownership of their Content. You grant PsyBird a limited, worldwide, non-exclusive license to host, store, process, and transmit Content solely to provide, secure, and support the Service, and as permitted by the Privacy Policy and any applicable BAA.
AI training. PsyBird does not use Patient conversation Content to train public or third-party AI models, consistent with our provider agreements and Privacy Policy.
Feedback. If you give us feedback or suggestions, you grant us a perpetual, royalty-free license to use it without obligation to you.
14. Third-party services
Applies to: all users
The Service relies on third-party providers, which may include Google Cloud (database, authentication, serverless functions, and file storage, via Firestore, Identity Platform, Cloud Run/Functions, and Cloud Storage) and Anthropic (AI processing), among others. We evaluate and manage providers that handle PHI under applicable privacy and security requirements and appropriate agreements. Your use may also be subject to those providers’ terms; we are not responsible for third-party services outside our control.
15. Intellectual property
Applies to: all users
All rights, title, and interest in the Service (including its software, branding, design, and technology) are and remain the property of PsyBird and its licensors. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. You may not copy, modify, reverse engineer, create derivative works from, resell, or redistribute the Service except as permitted by law or with our written consent.
16. Suspension and termination
Applies to: all users
We may suspend or terminate access if you violate these Terms, misuse the Service, create security or safety risks, fail to pay, or engage in unlawful activity, and (where practicable) we will give notice. You may stop using the Service at any time; Practices may cancel as described in section 11.
Effect of termination. On termination, your right to use the Service ends. On request and consistent with the BAA and applicable law, we will make Patient records available for export and will return or securely destroy Content within 30 days, subject to backups purged on our standard cycle. Provisions that by their nature should survive (including sections 5–7, 13, 15, and 17–22) survive termination.
17. Disclaimer of warranties
Applies to: all users
The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that AI output will be accurate or reliable, that the Service will be uninterrupted or error-free, or that use of the Service will produce any particular clinical outcome. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.
18. Limitation of liability
Applies to: all users
To the maximum extent permitted by law, PsyBird and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Service or these Terms, whether in contract, tort, or otherwise, even if advised of the possibility.
PsyBird’s total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) the fees paid to PsyBird in the twelve (12) months before the event giving rise to the claim, or (b) US$100.
Clinical decisions, diagnoses, treatment, and outcomes are the sole responsibility of licensed providers, and PsyBird is not liable for them. Nothing in these Terms limits liability that cannot be limited by applicable law.
19. Indemnification
Applies to: Practices & users
You will defend, indemnify, and hold harmless PsyBird from third-party claims, damages, and reasonable costs (including attorneys’ fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms or of applicable law; (c) your Content or data; (d) your clinical decisions, care, or documentation; and (e) your billing, coding, or RTM submissions. We will promptly notify you of the claim, give you control of the defense (with our reasonable cooperation), and not settle without your consent where the settlement imposes obligations on you; you will not settle in a way that admits fault by, or imposes obligations on, PsyBird without our consent.
20. Governing law and dispute resolution
Applies to: all users
Governing law and venue. These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law rules. The state and federal courts located in King County, Washington have exclusive jurisdiction, and the parties consent to that venue.
Informal resolution. Before filing a claim, the parties will try in good faith to resolve it by contacting us at the address below.
21. Changes to these Terms
Applies to: all users
We may update these Terms from time to time. For material changes, we will provide reasonable advance notice (for example, by email or in-app notice) before they take effect. Your continued use of the Service after the effective date of updated Terms constitutes acceptance. If you do not agree, stop using the Service.
22. General
Applies to: all users
Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
Severability; waiver. If any provision is unenforceable, the rest remains in effect; failure to enforce a provision is not a waiver.
Entire agreement. These Terms, with the Privacy Policy, Patient Consent, and any BAA or order form, are the entire agreement and supersede prior agreements on their subject matter.
Notices; electronic communications. You consent to receive communications electronically. Notices to you may be sent to your account email.
Relationship; no third-party beneficiaries. The parties are independent contractors; these Terms create no agency or partnership and no third-party beneficiary rights.
By creating an account or using the Service, you acknowledge that you have read, understood, and agree to these Terms.