1. Acceptance of Terms

By creating an account, accessing, or using Serene, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, along with our Privacy Policy. These terms constitute a legally binding agreement between you and Vybz Health Inc. ("Serene," "we," "us," or "our").

You represent and warrant that:

• You are at least 18 years of age and have the legal capacity to enter into this agreement
• You are a licensed mental health professional authorized to provide clinical services in your jurisdiction (for therapist accounts)
• All information you provide during registration and throughout your use of Serene is accurate and current

2. User Accounts and Registration

2.1 Account Creation

To use Serene, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.2 Professional Verification

As a mental health practice management platform, Serene is intended exclusively for use by licensed mental health professionals. By creating an account, you confirm that you hold all necessary licenses, certifications, and credentials required to practice in your jurisdiction. We reserve the right to verify your professional status and request documentation of your credentials at any time.

2.3 Account Security

You agree to immediately notify us of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

3. Subscription Plans and Billing

3.1 Subscription Plans

Serene offers multiple subscription tiers, including a free Starter plan and paid Pro and Team plans. Each plan includes specific features and usage limits as described on our pricing page. By subscribing to a paid plan, you agree to pay all applicable fees.

3.2 Billing and Payment

Paid subscriptions are billed on a recurring basis (monthly or annually) depending on your selected billing cycle. Payment is processed securely through our payment partner, Stripe. By providing payment information, you authorize us to charge your payment method for all subscription fees.

3.3 Automatic Renewal

• Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date

  You will be charged the then-current subscription rate

• You can cancel your subscription at any time through your account settings or by contacting support@vybz.health

  Cancellation takes effect at the end of your current billing period

3.4 Failed Payments

If a payment fails, we will attempt to process it again. If payment cannot be processed after multiple attempts, your account may be suspended or downgraded to the Starter plan. You remain responsible for any outstanding amounts owed.

3.5 Plan Changes

• Upgrades: When you upgrade your plan, you will be charged a prorated amount for the remainder of your billing cycle, and your new plan takes effect immediately
• Downgrades: When you downgrade, your current plan remains active until the end of your billing period, at which point your new plan takes effect

3.6 Add-ons

Certain features, such as Serene Telehealth, may be available as add-ons to your subscription. Add-on pricing and terms are displayed during the purchase process. Add-ons are billed on the same cycle as your base subscription.

4. Refund Policy

4.1 General Refund Policy

All sales are final. We do not offer refunds for subscription fees, except as explicitly stated below or as required by law.

4.2 Trial Period

We offer a free Starter plan that allows you to explore Serene's core features before committing to a paid subscription. We strongly encourage you to use the Starter plan to evaluate whether Serene meets your needs before upgrading.

4.3 Technical Issues

If you experience persistent technical issues that prevent you from using Serene, please contact our support team at support@vybz.health within 7 days of the issue occurring. We will work with you to resolve the problem. If we are unable to resolve the issue, we may, at our sole discretion, issue a prorated refund for the affected period.

4.4 Billing Errors

If you believe you have been charged in error, please contact support@vybz.health within 30 days of the charge. We will investigate and, if an error is confirmed, issue a full refund for the incorrect charge.

4.5 Cancellations

When you cancel your subscription, you will retain access to your paid plan features until the end of your current billing period. No refunds are provided for the remaining time in your billing period. After your subscription expires, your account will be automatically downgraded to the Starter plan.

4.6 Add-on Removals

If you remove an add-on (such as Serene Telehealth) from your subscription, you will continue to have access to the add-on until the end of your current billing period. No prorated refunds are provided for add-on removals.

4.7 Requesting a Refund

To request a refund under the circumstances outlined above, please email support@vybz.health with your account details and a description of the issue. Refund requests are reviewed on a case-by-case basis and may take up to 10 business days to process.

5. Professional Responsibilities

5.1 Clinical Judgment

Serene is a practice management tool designed to assist mental health professionals in their work. You acknowledge that Serene does not provide clinical advice or replace your professional judgment. You are solely responsible for all clinical decisions, diagnoses, treatment plans, and therapeutic interventions you provide to your clients.

5.2 AI-Generated Content

Serene offers AI-powered features, including automated transcription and clinical note generation. While these tools are designed to assist you, they are not infallible. You must review, verify, and approve all AI-generated content before using it in client records or communications. We are not liable for any errors, omissions, or inaccuracies in AI-generated content.

5.3 Compliance with Laws and Ethics

You are responsible for ensuring that your use of Serene complies with all applicable laws, regulations, and professional ethical guidelines, including but not limited to HIPAA (Health Insurance Portability and Accountability Act), state licensing requirements, and your profession's code of ethics.

5.4 Client Consent

You are responsible for obtaining all necessary consents from your clients for the collection, storage, and use of their information through Serene, including consent for telehealth services, session recordings (if applicable), and electronic records.

6. Acceptable Use Policy

You agree to use Serene only for lawful purposes and in accordance with these Terms. You may not:

• Use Serene in any way that violates applicable laws or regulations
• Impersonate any person or entity or falsely state or misrepresent your credentials or affiliation with any person or entity
• Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Attempt to gain unauthorized access to any part of Serene, other users' accounts, or our systems
• Use any automated system, including robots, spiders, or scrapers, to access Serene
• Reverse engineer, decompile, disassemble, or attempt to derive source code from any part of Serene
• Share your account with others or allow others to access your account
• Use Serene to provide services to clients if you are not properly licensed and credentialed

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

7. Data and Privacy

7.1 Your Data

You retain all rights to the client data, clinical notes, and other information you enter into Serene. By using Serene, you grant us a limited, non-exclusive license to store, process, and transmit your data solely for the purpose of providing our services to you.

7.2 Privacy and Security

We take data privacy and security seriously. Our handling of your information is governed by our Privacy Policy. We implement industry-standard security measures to protect your data, including encryption at rest and in transit, regular security audits, and HIPAA-compliant infrastructure.

7.3 Data Backup and Retention

We perform regular backups of your data to prevent loss. Upon termination of your account, we will retain your data for a period of 90 days to allow you to export it or reactivate your account. After this period, your data may be permanently deleted. You are responsible for maintaining your own backups of critical data.

8. Intellectual Property Rights

8.1 Ownership of Serene

All content, features, and functionality of Serene, including but not limited to text, graphics, logos, icons, images, audio clips, video, software, and the compilation thereof (collectively, the "Platform Content"), are owned by Vybz Health Inc. and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use Serene for your professional practice management purposes. This license does not include any right to resell or commercial use of Serene, any derivative use of Serene or its contents, or any use of data mining, robots, or similar data gathering and extraction tools.

8.3 Trademarks

"Serene," "Vybz Health," and all related logos, product and service names, designs, and slogans are trademarks of Vybz Health Inc. You may not use these marks without our prior written permission.

9. Account Termination

9.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or by contacting support@vybz.health. Upon cancellation, your access to paid features will continue until the end of your current billing period.

9.2 Termination by Us

We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice, including if:

• You violate these Terms and Conditions
• Your account has been inactive for an extended period
• We determine that your use of Serene poses a security or legal risk
• We cease offering Serene to users in your jurisdiction

9.3 Effect of Termination

Upon termination of your account, your right to access and use Serene will immediately cease. We will provide you with a reasonable opportunity to export your data (up to 90 days). All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

10. Disclaimers and Warranties

10.1 "AS IS" Service

Serene is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

10.2 No Warranty of Accuracy

We do not warrant that Serene will meet your specific requirements, that the service will be uninterrupted, timely, secure, or error-free, that the results obtained from using Serene will be accurate or reliable, or that any errors in Serene will be corrected.

10.3 Medical and Clinical Disclaimer

Serene is not a medical device and does not provide medical advice, diagnosis, or treatment. The AI-powered features are tools to assist licensed professionals and should not be relied upon as a substitute for professional clinical judgment. We make no representations or warranties regarding the accuracy, completeness, or reliability of AI-generated content.

10.4 Third-Party Services

Serene may integrate with third-party services (such as payment processors, cloud storage, and communication tools). We are not responsible for the availability, accuracy, or content of such third-party services and make no warranties regarding them.

11. Limitation of Liability

To the maximum extent permitted by law, in no event shall Vybz Health Inc., its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of (or inability to access or use) Serene
• Any conduct or content of any third party on Serene
• Any content obtained from Serene
• Unauthorized access, use, or alteration of your transmissions or content
• Errors or inaccuracies in AI-generated content
• Data breaches or unauthorized access to your data

Our total liability to you for all claims arising out of or related to these terms or your use of Serene shall not exceed the greater of: (a) the amount you paid to us in the 12 months preceding the event giving rise to liability, or (b) $100 USD.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations above may not apply to you.

12. Changes to Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time. When we make changes, we will update the "Effective Date" at the top of this page and notify you via email or through a prominent notice on Serene.

Your continued use of Serene after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using Serene and may terminate your account.

Material changes to these Terms, such as changes to our refund policy or liability limitations, will be communicated at least 30 days in advance of taking effect.