Applies to: all users
These Terms of Service (“Terms”) are a binding agreement between you and Any Percent LLC, a Washington limited liability company doing business as 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).
Applies to: all users
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, except that a Patient aged 13 to 17 may be enrolled as described below.
Minors. A Patient must be at least 13 years old. A Patient aged 13 to 17 may use the Service only where permitted by law and with the documented consent of a parent or legal guardian, obtained by the supervising Practice consistent with applicable minor-consent laws and recorded on the Patient Consent form. The Practice is responsible for obtaining, verifying, and documenting that consent before enrolling a minor. Accounts are not available to children under 13.
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 at support@psybird.ai of any suspected unauthorized access.
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 (text and voice), therapist-assigned exercises and activities, secure direct messaging between a Patient and their Practice, encrypted video and voice calling, appointment scheduling and reminders, 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.
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.
No credential verification. PsyBird does not verify the identity, licensure, or credentials of any Practice, Therapist, or other user, and makes no representation that any user is a licensed professional. If any person misrepresents themselves as a licensed professional, PsyBird is not responsible for their conduct or for any care, advice, or harm resulting from it. Patients should confirm a provider’s credentials directly; every U.S. state offers a public license lookup through its licensing board.
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.
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.
AI processing is performed on Google Cloud’s Vertex AI platform within PsyBird’s HIPAA-covered infrastructure (see section 14). Patient conversation Content is not sent to any separate AI vendor and is not used to train public AI models.
Applies to: Practices & Therapists
Licensure representation. Each Practice and Therapist represents and warrants that every person providing care through the Service holds a current, valid license to provide mental-health care in each jurisdiction where they practice. PsyBird relies on this representation, does not independently verify licensure, and may suspend or terminate any account it reasonably believes has misrepresented identity or credentials.
Practices and Therapists are responsible for: determining whether the Service is clinically appropriate for a given Patient; confirming that their use of the Service is lawful in each jurisdiction where they practice or where a Patient is located, including under state laws governing the use of AI in mental or behavioral health care; obtaining any patient consents required to use the Service and to enroll minors (including any consent required before conducting a recorded session); 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.
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; record or intercept video/voice calls except through features the Service provides and with all required consents; 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.
Applies to: Practices & Therapists
Product classification. PsyBird’s patient-facing monitoring functions (exercises and plans assigned by a Therapist, symptom and mood check-ins, standardized outcome measures, and the recording and sharing of that self-reported information with the treating Therapist) are software intended to help Patients with a diagnosed mental or behavioral health condition maintain skills their licensed Therapist has assigned and to communicate self-reported information to that Therapist. PsyBird understands these functions to fall within the definition of a device in section 201(h) of the Federal Food, Drug, and Cosmetic Act and within the categories of low-risk software functions for which the U.S. Food and Drug Administration has stated it does not intend to enforce premarket review, registration, or listing requirements (FDA, Policy for Device Software Functions and Mobile Medical Applications). PsyBird has not been cleared or approved by FDA, and PsyBird does not itself diagnose, treat, cure, mitigate, or prevent any disease or condition. The conversational assistant (Psy) is a Therapist-configured support feature; it is not a treatment and is not part of the monitoring functions described above. Scheduling, messaging, video, notes, and billing tools are administrative functions, not device functions.
What the Service provides. The Service records Patient engagement with assigned exercises, check-ins, and outcome measures, counted as distinct calendar days on which a Patient completed at least one assigned item (“engagement days”); measures time a Therapist spends working a Patient’s record in the Service and on calls placed through it, and logs messages the Therapist sends; and produces reports, summaries, and export files that a Therapist may use as documentation supporting RTM or other services. Conversations with Psy and direct messages are never counted as engagement days. Any billing code, threshold, or payment amount the Service displays is informational only, reflects PsyBird’s reading of published CPT descriptors and Medicare national payment amounts, and may be incomplete, outdated, or inapplicable to a given payer, locality, or license type.
What the Practice is responsible for. Practices and Therapists are solely responsible for determining whether any service is billable, including whether their license type may bill RTM under Medicare, Medicaid, or a commercial plan; whether the Service, as used with a particular Patient, satisfies a payer’s device, ordering, consent, data, time, and interactive-communication requirements; ordering the service and documenting medical necessity; obtaining Patient consent; performing and documenting the setup and education, monitoring, and treatment-management work; selecting codes; verifying eligibility and coverage; and submitting accurate claims. Reports attested in the Service are attested by the Therapist, not by PsyBird. PsyBird does not submit claims, does not guarantee coverage or payment, and does not provide billing, coding, legal, or regulatory advice. Any illustrative reimbursement figures PsyBird publishes are estimates that vary by payer, eligibility, coding, documentation, and utilization.
Applies to: Practices (paying customers)
Fees. Subscription fees are set out in the plan you select, are billed monthly in arrears, per Patient connected to the Practice during that billing cycle. You authorize us (or our payment processor, Stripe) to charge your payment method for all fees and applicable taxes.
Automatic renewal. Your subscription renews automatically each billing cycle at the then-current price. You may cancel at any time through your account’s billing settings; cancellation takes effect at the end of the current paid period, and you will not be charged again after that.
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.
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. The Service is not intended for records subject to 42 C.F.R. Part 2, and Practices agree not to submit Part 2 program records through the Service.
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.
Applies to: all users
The Service relies on third-party providers, which currently include: Google Cloud (database, authentication, serverless functions, file storage, and AI processing, via Firestore, Identity Platform, Cloud Run/Functions, Cloud Storage, and Vertex AI, which serves the platform’s AI models, together with related Google Cloud services such as text-to-speech and speech-to-text, logging, and monitoring), all under a single Business Associate Agreement with Google; Cloudflare (network services: DNS for our domains and, for video/voice calls that cannot connect directly, a fallback relay that carries only encrypted call media it cannot read and does not store); Stripe (payment processing for Practice subscriptions; Stripe receives billing and payment information from Practices, not patient health information); Google Workspace (operational and notification email; notification messages are designed not to contain health information); and Apple and Google push-notification services (which carry only the minimal content needed to display a notification). 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.
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.
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.
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.
Applies to: all users
To the maximum extent permitted by law, PsyBird and its officers, members, 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, including liability for gross negligence, willful misconduct, or fraud where such limits are not permitted.
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; (e) your billing, coding, or RTM submissions; and (f) any misrepresentation of your identity, licensure, or credentials. 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.
Applies to: all users
Governing law. These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law rules.
Informal resolution first. Before starting arbitration or any proceeding, you and PsyBird agree to try in good faith to resolve the dispute informally: send a written description of the dispute to support@psybird.ai (or, for notices from us, to your account email), and allow 30 days for resolution.
Binding individual arbitration. Except for the carve-outs below, any dispute, claim, or controversy arising out of or relating to the Service or these Terms that is not resolved informally will be resolved by final and binding arbitration before a single arbitrator, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or, for Practices, its Commercial Arbitration Rules). The seat of arbitration is Kitsap County, Washington; hearings may be conducted remotely by videoconference. The arbitrator’s award may be entered in any court of competent jurisdiction. Payment of filing and arbitrator fees is governed by the AAA rules.
Carve-outs. Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or equitable relief in court for infringement or misuse of intellectual property or for unauthorized access to the Service.
Class-action waiver. All disputes must be brought on an individual basis only. Neither you nor PsyBird may participate in a class, consolidated, or representative action, and the arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in the state or federal courts located in Kitsap County, Washington, and the remainder stays in arbitration.
Jury waiver. To the extent a dispute proceeds in court, each party waives its right to a jury trial to the fullest extent permitted by law.
30-day opt-out. You may opt out of this arbitration agreement and class-action waiver by emailing support@psybird.ai within 30 days of first accepting these Terms, stating your name, account email, and that you opt out of arbitration. Opting out does not affect any other provision of these Terms.
Venue for non-arbitrable matters. Any matter not subject to arbitration will be brought exclusively in the state and federal courts located in Kitsap County, Washington, and the parties consent to that venue.
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.
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; notices to us go to support@psybird.ai.
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.
Questions? Ask away.