Terms of Use

1. Acceptance of terms and covered entity status

By subscribing to, accessing, or using TheraCRM.pro (the “Service”), provided by Aday Interactive, Inc. (“Company,” “we,” “us”), you (“Customer,” “Practice,” “User”) agree to be bound by these Terms of Use. If you are entering this agreement on behalf of a practice, clinic, or healthcare organization, you represent that you have authority to bind that entity.

2. Scope of service

TheraCRM.pro provides a pre-configured intake engine, lead pipeline, bilingual web forms, automated two-way SMS/email messaging, and consultation booking tools, built on HIPAA-enabled third-party infrastructure identified in Section 11. TheraCRM.pro functions as a front-of-house intake and lead-management system. TheraCRM.pro is not an Electronic Health Record (EHR) and does not replace your clinical EHR system — for example SimplePractice, TherapyNotes, Kalix, or Valant — for clinical notes, diagnostic coding, or formal billing.

3. Business Associate Agreement

Because a subscribing practice processes protected health information (PHI) through the Service, Company and the practice enter into a Business Associate Agreement (“BAA”), incorporated into these Terms by reference and executed before any patient records are processed — never an upsell, never optional. The BAA governs Company’s obligations as a business associate; it does not by itself render the practice HIPAA compliant, which remains the practice’s own responsibility. Full detail on how this works, including what we cannot yet confirm about the platform’s own coverage, is on the HIPAA & BAA page.

4. Customer responsibilities and acceptable use

Customer agrees to:

• Maintain confidentiality of account credentials;
• Restrict staff user access according to role-based permissions;
• Obtain all necessary patient consent for SMS, email, and voice communications;
• Comply with applicable federal law (including TCPA, HIPAA, and CAN-SPAM) and Florida law regarding electronic and telephonic communications; and
• Keep clinical detail, diagnosis, and treatment specifics out of automated outbound messages — those channels are configured for scheduling and logistics only.

5. Subscriptions, billing, and cancellation

TheraCRM.pro subscriptions are billed in advance, monthly or on a discounted annual basis. You may cancel with 30 days’ written notice through our contact page or by phone at (305) 209-8453.

On cancellation, we will export your contacts, form submissions, and pipeline history in good faith on request, as described in the Privacy Policy. We do not commit to a specific retention window or destruction timeline for data held on the underlying platform, because the platform itself does not publish one for protected health information — we would rather say that plainly than promise a service level we do not control. If a HIPAA-enabled account is being handed to a different agency, that transfer is only possible if the receiving agency also holds the platform’s HIPAA module; otherwise the data must be migrated rather than transferred as an account.

If we cease operating. The platform’s own terms give you a route that does not depend on us answering. A sub-account may be transferred without the agency’s approval where the customer has requested it through the platform’s in-app transfer process, the agency has not responded for at least 30 days, and the agency’s account has been cancelled, force-cancelled for non-payment and not reactivated within 30 days, or terminated for breach. Begin with the in-app transfer request; that is the step that starts the clock. The platform also retains account data for 90 days after termination before it may be permanently deleted.

One risk we will not bury. The platform ties its Business Associate Agreement to an active, paid subscription to its HIPAA package, and states that on non-payment the BAA is immediately and automatically terminated without further notice. That is why we treat the module as a permanent budgeted commitment. Separately, our own obligation as a business associate — to return or securely destroy protected health information when the agreement ends, or to document why that is infeasible and continue protecting it — survives the end of this agreement and does not lapse because a company winds down. See HIPAA & BAA for the full position.

6. Limitation of liability

To the maximum extent permitted by law, Company’s total aggregate liability arising out of or related to the Service will not exceed the total amount paid by Customer to Company in the twelve (12) months preceding the incident. Company is not liable for indirect, incidental, punitive, or consequential damages.

7. Termination

Either party may terminate as described in Section 5. We may suspend or terminate access immediately for a material breach of these Terms, including misuse of patient communication channels or failure to pay. Sections that by their nature should survive termination — including the BAA’s data-handling obligations, confidentiality, and limitation of liability — do survive.

8. Governing law

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Any dispute not otherwise resolved will be brought in the state or federal courts located in Miami-Dade County, Florida.

9. No legal or clinical advice

TheraCRM.pro is a software and configuration service. Nothing in the Service or these Terms constitutes legal, clinical, or billing advice. Your practice remains responsible for its own compliance program, clinical judgment, and business decisions.

10. Changes to these terms

We may update these Terms from time to time. Material changes will be communicated to active subscribers before taking effect. The date at the top of this page reflects the last substantive revision.

11. Third-party services

TheraCRM.pro is assembled from third-party services rather than built from nothing, and the ones that touch your data are named here. This is the list; the service is not described elsewhere on this site by supplier, because a supplier list belongs in the terms and not in a sales page.

Entries marked Planned are not in use yet. They are listed early so this page does not need rewriting the week they are switched on, and so you can raise them in a vendor review before rather than after. Nothing marked planned is processing anything today. The Cookie Policy states what this site actually sets right now, which is currently nothing beyond what the page needs to function.

Where a provider processes PHI, it does so as a subcontractor business associate under the chain described on the HIPAA & BAA page, which also records what that provider does and does not publish about its own coverage. Integrations a practice chooses to connect itself — Zapier, Make, webhooks, the public API, calendar sync, payment links, EHR connectors — sit outside that boundary and are the practice’s own arrangements with those vendors.

We will update this list when it changes rather than describing it in general terms. If you need it as of a specific date for your own vendor file, ask and we will send it.

12. Contact

Questions about these Terms can be directed through our contact page or by phone at (305) 209-8453.