Terms and Conditions

1. Introduction and Agreement

The following are the Terms and Conditions, referred to as the “Agreement,” which govern your access to and use of our online platform through which mental health counseling is provided during non-traditional hours, collectively referred to as the “Platform.”

This website is owned and operated by Therapy at Night, info@therapyatnight.net. The Platform may be provided or accessible through multiple websites or applications, whether owned or operated by us or by third parties, including the website therapyatnight.net and related apps.

By accessing or using the Platform, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound by any term of this Agreement, you must not access the Platform.

When the terms “we,” “us,” “our,” or similar are used in this Agreement, they refer to any company that owns and operates the Platform, referred to as the “Company.”

2. The Therapists and Therapist Services

The Platform may be used to connect you with an independent provider, variously credentialed and experienced based on the applicable jurisdiction, referred to as a “Therapist,” who will provide services to you through the Platform, referred to as “Therapist Services.”

For U.S. Based Therapists

We require every Therapist providing Therapist Services on the Platform to be an accredited, trained, and experienced licensed U.S. psychologist (PhD / PsyD), licensed marriage and family therapist (LMFT), licensed clinical social worker (LCSW), licensed professional counselor (LPC), or to hold a similar applicable recognized professional certification based on their state and/or jurisdiction.

Therapists must have a relevant academic degree in their field, at least 3 years of experience, and must be qualified and certified by their respective professional board after successfully completing the necessary education, exams, training, and practice requirements.

Therapist Independence

The Therapists are independent providers who are neither our employees, agents, nor representatives. The Platform’s role is strictly to operate the site, enable the Therapist Services, and provide necessary technical and administrative support.

The Company does not directly provide Therapy Services and is not a healthcare entity. The Therapists themselves are responsible for the performance of the Therapist Services and remain fully independent.

If you feel the Therapist Services provided by your Therapist do not fit your needs or expectations, you may change to a different Therapist. Because licensure requirements differ from jurisdiction to jurisdiction, not all Therapists available in our database will be available for you to match with at any particular time.

Emergency Disclaimer

While we hope the Therapist Services are beneficial to you, you understand, agree, and acknowledge that they may not be the appropriate solution for everyone’s needs and may not be a substitute for in-person therapy services.

3. Privacy and Security

Protecting and safeguarding any information you provide through the Platform is extremely important to us. Information about our security and privacy practices can be found in our Privacy Policy, available at therapyatnight.net/privacy.

By agreeing to this Agreement and/or by using the Platform, you are also agreeing to the terms of the Privacy Policy. The Privacy Policy is incorporated into and deemed a part of this Agreement.

4. Intellectual Property

The Platform, the website therapyatnight.net, and all rights, title, and interest, including all related intellectual property rights therein, are owned by the Company, its licensors, or other providers of such material.

This Agreement is not a sale and does not convey or grant you any rights in or related to the Platform, or any intellectual property rights owned by Therapy at Night.

“Therapy at Night,” “therapyatnight.net,” and all related names, logos, product and service names, designs, and slogans, referred to as the “Therapy at Night Marks,” are trademarks of the Company. You must not use these Marks without prior written permission.

5. Billing, Payments, and Insurance

Unlike standard subscription-based platforms, Therapy at Night operates on a session-based billing model designed to provide care during late-night and early-morning hours.

• Payment Authorization: By providing your payment information, including Credit/Debit, Venmo, Apple Pay, HSA, or FSA cards, you authorize us to charge you for the individual, couples, or family sessions you schedule.
• Out-of-Network Insurance: Therapy at Night and its associated clinicians are out-of-network providers. We do not directly bill health insurance plans. Upon request, we can provide you with a Superbill, which you may submit to your insurance carrier for potential out-of-network reimbursement. We make no guarantees that your specific insurance plan will reimburse you for these services.
• Cancellation Policy: Due to the specialized nature of our after-hours scheduling, late cancellations within 24 hours of the session time and missed sessions may incur a cancellation fee up to the full cost of the session. This policy ensures therapists receive sufficient advance notice and can offer that slot to another client seeking care in the quiet hours.

6. Disclaimer of Warranty and Limitation of Liability

To the maximum extent permitted by law, you hereby release us and agree to hold us harmless from any and all causes of action and claims of any nature resulting from the Therapist Services or the Platform, including any act, omission, opinion, response, advice, or information of any Therapist.

You understand, agree, and acknowledge that the Platform is provided “as is” without any express or implied warranties of any kind, including but not limited to merchantability, non-infringement, security, or fitness for a particular purpose. The use of the Platform is at your own risk.

You understand, agree, and acknowledge that our aggregate liability for damages arising with respect to this Agreement and any use of the Platform will not exceed the total amount of money paid by you through the Platform in the 12-month period prior to the date of the claim.

7. Arbitration and Class Action Waiver

Please read this section carefully, as it affects your legal rights.

By accepting the terms of this Arbitration Agreement, you and the Company agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the use of the Platform will be resolved on an individual basis by final and binding arbitration.

By accepting these terms, you and the Company mutually agree to waive your respective rights to a trial by jury and to participate in a class action lawsuit.

• Arbitration Rules: The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules.
• Class Action Waiver: You and the Company mutually agree that any dispute will be brought in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
• Opt-Out Right: You may opt out of this Arbitration Agreement within 30 days after you first access the Platform by sending written notice to info@therapyatnight.net with the subject line “Arbitration Opt-Out.”

8. Consent to Receive Electronic Communications

You agree that Therapy at Night and/or the Therapists may contact you regarding the Therapist Services electronically. You consent to receive communications including appointment reminders, confirmation emails, scheduling updates, and health team communications.

When providing us with your email address and phone number, you represent that they are accurate and belong to you. You may opt out of certain electronic promotional communications, but you cannot opt out of essential transactional communications regarding your Therapist Services without discontinuing the Services entirely.

9. Telehealth Consent

By using the Platform, you consent to your Therapist sessions being conducted remotely through electronic communications, including online messaging, audio, or video.

You understand that there are inherent risks and benefits to telehealth. Before participating in each session, if required by law or your Therapist, you agree to accurately provide your physical location. You may withdraw this consent at any time without affecting your right to future care.

10. Your Account, Representations, and Conduct

• Age and Consent: You confirm that you are legally able to consent to receive Therapist Services or have the consent of a parent or guardian.
• Account Security: You are responsible for maintaining the confidentiality of your password and account security. You agree to notify us immediately of any unauthorized use of your account.
• Prohibited Uses: You commit not to use the Platform for unlawful, harassing, privacy-invading, abusive, or threatening behavior. You agree not to disrupt our systems, infrastructure, or servers.
• Indemnification: You agree to indemnify and hold harmless the Company against any claims, losses, or expenses, including attorneys’ fees, arising out of your use of the Platform or your violation of this Agreement.

11. Important Notes and Jurisdiction

This Agreement and our relationship with you shall be interpreted solely in accordance with the laws of the State, excluding any rules governing choice of laws.

This Agreement constitutes the entire agreement between you and us. You confirm that you have not relied upon any promises or representations by us except as set forth in this Agreement.

We may change this Agreement by posting modifications on the Platform. Unless otherwise specified, all modifications shall be effective upon posting. By using the Platform after the changes become effective, you agree to be bound by such changes.