Terms of Service Beta

Effective date: October 9, 2026

1. Acceptance of Terms

By accessing or using WellnessDesk ("the Service"), operated by WellnessDesk ("we," "our," or "us"), you ("you" or "User") agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you and WellnessDesk.

2. Description of Service

WellnessDesk is a software-as-a-service (SaaS) platform built for licensed health professionals, such as psychologists, to run and grow their practices online. The Service includes:

  • Customizable booking pages and website builder
  • Appointment scheduling and calendar management (including Google Calendar integration)
  • Client engagement management and session notes
  • Secure messaging between providers and clients
  • Resource and file sharing
  • After-session activities and assignments
  • Video conferencing for virtual sessions
  • Client portal for client self-service
  • Automated booking confirmations, reminders, and notifications
  • Online payments from your clients through Stripe, with the platform fee described in Section 6

3. Beta Service

WellnessDesk is currently in beta. By using the Service during the beta period, you acknowledge and agree that:

  • The Service is under active development. Features may be incomplete, contain bugs, or behave unexpectedly.
  • We may add, modify, or remove features at any time without prior notice.
  • While we take reasonable measures to protect your data, data loss is possible during the beta period. You are encouraged to maintain your own backups of critical information.
  • Service uptime and performance are not guaranteed. Scheduled and unscheduled maintenance may occur more frequently than in a production release.
  • Beta features are provided "as is" without any warranty, express or implied, beyond those already disclaimed in these Terms.
  • Your feedback, bug reports, and feature suggestions during beta are appreciated and may be used to improve the Service without any obligation or compensation to you.

The beta period will end when we publicly announce general availability. We will notify you via email when the Service exits beta. These beta-specific terms will no longer apply after general availability, though all other Terms will remain in effect.

4. Health Data and Healthcare Disclaimer

In a crisis or emergency. WellnessDesk is not an emergency or crisis service. If you or someone else may be in immediate danger or thinking about suicide or self-harm, call your local emergency number now (911 in the United States, 112 in the European Union). In the United States you can also call or text 988, the Suicide & Crisis Lifeline. In Spain you can call 024.

WellnessDesk is built for licensed health professionals, such as psychologists, who use it to run their practice. The Client data a Provider keeps in the Service can include health data, a special category of personal data under Article 9 of the GDPR: for example answers to intake questions, session notes, signed consent forms, activity submissions, and messages between the Provider and their Clients.

For this data the Provider is the data controller, and WellnessDesk processes it on the Provider's behalf as a data processor, as set out in Section 8. The Provider decides why and how their Clients' data is processed and is responsible for having a lawful basis for it, including a condition under Article 9(2) of the GDPR for health data.

WellnessDesk provides software only. We do not provide health care or clinical services, and we do not give medical or psychological advice, diagnosis, or treatment. We are not a party to the care a Provider gives their Clients, and each Provider is solely responsible for the professional services they provide.

WellnessDesk does not act as a HIPAA business associate and does not sign Business Associate Agreements (BAAs). If you are a healthcare provider subject to the US Health Insurance Portability and Accountability Act (HIPAA), you must not use the Service for Protected Health Information (PHI).

Providers using WellnessDesk are solely responsible for understanding and complying with the scope-of-practice laws applicable in their jurisdiction.

5. Account Registration

  • You may create an account using Google OAuth or email and password authentication.
  • You are responsible for maintaining the confidentiality and security of your account credentials.
  • You must provide accurate, current, and complete information during registration and keep it updated.
  • You must be at least 18 years old to use the Service.
  • You may not share your account or allow others to access the Service through your credentials.
  • You are responsible for all activity that occurs under your account, whether or not you authorized it.

6. Pricing and Fees

No Subscription

  • Free to use: The Service has no subscription, monthly fee, or setup cost. You are not asked for a payment method to create or keep an account.
  • Fee changes: We may change the platform fee percentage with at least 30 days' written notice. Changes apply only to payments made after the notice period.
  • Taxes: You are responsible for all applicable taxes on the income you receive through the Service.

Platform Fee

WellnessDesk charges a platform fee of 8% on payments that your clients make through the platform (including bookings, class packs, and course purchases). This fee is calculated on the gross transaction amount and is collected automatically by WellnessDesk as a platform application fee at the time of payment.

Payment Processing Fee

In addition to the platform fee, WellnessDesk collects a payment processing fee on each online client payment to recover the card-processing costs that Stripe charges us. It is charged at the published rate in effect at the time of payment (currently 2.9% + $0.30 per payment) and is collected together with the platform fee as a single Stripe Connect application fee. The rate is fixed per payment: it does not vary with the client's card type or country, even though Stripe's actual cost to us does. We may change the rate with at least 30 days' written notice. For Stripe's own pricing, see the Stripe Pricing page.

To summarize: for each online client payment, WellnessDesk deducts:

  1. Platform fee (8%)
  2. Payment processing fee (2.9% + $0.30)

The remainder is transferred to your Stripe connected account. These fees apply only to payments processed through the WellnessDesk platform. They do not apply to free sessions or to sessions paid outside the platform, such as in cash or by bank transfer.

Estimates

Any fee, "take-home" or similar figure shown in the Service, for example when you set a price, is an estimate provided for your convenience. It is calculated from the fee schedule in effect at that moment and before anything charged to your own Stripe account. It is not a guarantee of the amount that will reach your bank account, which may also be reduced by currency conversion, Stripe payout or account fees, refunds, chargebacks and disputes, and taxes, none of which WellnessDesk controls.

Refunds, Disputes and Chargebacks

If a client payment is refunded, disputed or charged back, the corresponding amount, together with any dispute fee charged by Stripe, may be reversed from your connected account. You are responsible for disputes that relate to the services you provide.

7. Acceptable Use

You agree not to:

  • Use the Service for any unlawful, fraudulent, or deceptive purpose
  • Use the Service for Protected Health Information (PHI) if you are subject to HIPAA (see Section 4)
  • Upload content that infringes on third-party intellectual property rights
  • Transmit malware, viruses, spam, or other harmful or disruptive content
  • Attempt to gain unauthorized access to the Service, other user accounts, or our infrastructure
  • Misrepresent your identity, professional qualifications, or certifications
  • Use automated scripts, bots, or scraping tools to access the Service
  • Resell, sublicense, or redistribute the Service without our written consent
  • Use the Service in any manner that could damage, disable, or impair its functionality

8. Provider Responsibilities

As a health professional ("Provider") using WellnessDesk to run your practice, you acknowledge and agree that:

  • Scope of practice: You are solely responsible for ensuring your services comply with applicable laws and scope-of-practice regulations in your jurisdiction.
  • Qualifications and authorization: You hold, and keep current, the qualification, professional registration, professional liability insurance, and any license or authorization that your practice requires where you work, as you state in your professional declaration before your practice goes live. WellnessDesk does not check these statements; you are responsible for them.
  • Client consent: You are responsible for obtaining all necessary consents from your clients before collecting, storing, or processing their personal information through the platform.
  • Data controller: With respect to client data you enter or collect through the platform, including health data, you are the data controller (as defined under applicable data protection laws). WellnessDesk acts as a data processor on your behalf. You are responsible for lawful collection and use of your clients' data.
  • Accurate information: You are responsible for the accuracy of all information published on your booking page, including service descriptions, pricing, qualifications, and availability.
  • Booking commitments: You are responsible for managing your availability and honoring confirmed bookings. Repeated no-shows or cancellations may result in account restrictions.
  • Content responsibility: You are solely responsible for all content you publish, share, or transmit through the Service, including website content, resources, session notes, messages, and activity assignments.

9. Client Portal Terms

Clients of Providers may access certain features of the Service through the Client Portal. By using the Client Portal, clients agree that:

  • The Client Portal is provided to facilitate the professional relationship between the client and their Provider.
  • WellnessDesk is not a party to the provider-client relationship and has no responsibility for the quality, safety, or legality of services provided.
  • Client accounts are created in connection with a specific Provider and are governed by both these Terms and any separate agreement between the client and Provider.
  • Messages, resources, and activities shared through the Client Portal may be visible to the Provider.

10. Intellectual Property

Our property: The Service, including its design, source code, features, trademarks, and documentation, is owned by WellnessDesk and protected by intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or branding.

Your content: You retain all ownership rights to content you upload, create, or transmit through the platform ("Your Content"). By uploading Your Content, you grant WellnessDesk a limited, non-exclusive, worldwide, royalty-free license to host, store, display, and transmit Your Content solely for the purpose of providing and improving the Service. This license terminates when you delete Your Content or close your account.

Feedback: If you provide suggestions, feature requests, or other feedback about the Service, we may use such feedback without obligation to you.

11. Data and Privacy

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. We implement technical safeguards including encryption in transit, tenant data isolation, and access controls to protect your data. However, you acknowledge that no system is completely secure.

As between you and WellnessDesk, you are responsible for the personal data you collect from your clients through the platform. You agree to comply with all applicable data protection laws (including GDPR and CCPA where applicable) in your collection and use of client data.

12. Third-Party Services

The Service integrates with third-party services to provide certain features. Your use of these integrations is subject to the respective third party's terms:

  • Stripe: Payment processing is provided by Stripe, Inc. via Stripe Connect. Your clients' booking and purchase payments are processed by Stripe and subject to the Stripe Connected Account Agreement and the Stripe Services Agreement. By using WellnessDesk, you agree to be bound by Stripe's terms as they may be modified from time to time. The WellnessDesk transaction fee (see Section 6) is collected as a Stripe Connect application fee on each client payment.
  • Google: Google OAuth authentication and Google Calendar integration are subject to Google's Terms of Service.
  • Video conferencing: Virtual sessions are facilitated through third-party video infrastructure and subject to their respective terms of service.

WellnessDesk is not responsible for the availability, accuracy, or practices of third-party services.

13. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted, error-free, or secure access to the Service. We may perform scheduled maintenance with reasonable advance notice. We are not liable for service interruptions caused by factors beyond our reasonable control, including but not limited to internet outages, third-party service failures, natural disasters, or government actions.

14. Termination

  • By you: You may close your account at any time. There is no subscription to cancel and no notice period. Closing your account does not change fees already collected on completed client payments.
  • By us: We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or if required by law. We may also terminate inactive accounts with 30 days' notice.
  • Data export: Upon termination, you may request an export of your data within 30 days by contacting support@wellnessdesk.pro. After 30 days, we will delete your data in accordance with our Privacy Policy.
  • Survival: Sections regarding intellectual property, limitation of liability, indemnification, dispute resolution, and any accrued payment obligations shall survive termination.

15. Indemnification

You agree to indemnify, defend, and hold harmless WellnessDesk, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) the professional or other services you provide to your clients; or (e) any dispute between you and your clients.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WELLNESSDESK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, RESULTING FROM: (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; OR (D) ANY OTHER MATTER RELATED TO THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

17. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE EXPRESSLY DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY OF THE SERVICE FOR ANY PARTICULAR THERAPEUTIC APPROACH, PROFESSIONAL PRACTICE, OR REGULATORY FRAMEWORK.

18. Dispute Resolution

Informal Resolution

Before filing any formal legal action, you agree to first attempt to resolve the dispute informally by contacting us at support@wellnessdesk.pro. We will attempt to resolve the dispute within 30 days.

Binding Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Miami-Dade County, Florida, before a single arbitrator. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against WellnessDesk.

Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

19. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes at least 30 days in advance via the email address associated with your account or through a prominent notice within the Service. Your continued use of the Service after the effective date of revised Terms constitutes acceptance. If you do not agree to the revised Terms, you must stop using the Service and close your account.

20. General Provisions

  • Governing law: These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of law principles.
  • Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and WellnessDesk regarding the Service.
  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
  • Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
  • Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
  • Force majeure: We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control.

21. Contact

For questions about these Terms, contact us at:

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