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Legal

Terms of Service

What you agree to when you use Congruent, what we owe you in return, and the one clause we would ask you to read even if you skip the rest — the software drafts documentation, and the clinician remains responsible for it.

Effective and last updated

These terms are a binding agreement between you and Congruent. They govern your use of the website at congruent.care and the Congruent application. They are written to be read, so they are shorter than they could be and plainer than they need to be.

"Congruent", "we", and "us" mean the company that operates the website and the application. "You" means the practice or clinician holding the account, and each person the account holder allows to use it. "The service" means the application, the website, and everything we provide through them.

1. Acceptance

By requesting access, creating an account, starting a trial, or using the service, you accept these terms on behalf of yourself and any practice you are authorised to bind. If you do not accept them, do not use the service. If someone else signs up your practice, you agree that they had the authority to do so, and they agree that they did.

2. What the service is, and what it is not

Congruent is a web-based electronic health record for outpatient mental health practice. It provides scheduling, clinical charting, AI-assisted drafting of progress notes and treatment plans, a documentation compliance check, telehealth, a client portal, measurement-based care, client billing, and, on the Practice plan, insurance claims and remittance posting. E-prescribing is available as a paid add-on for clinicians who prescribe.

The service is not designed for inpatient, hospital, residential, or partial hospitalization settings. It is not an emergency or crisis response system and must not be relied on as a means of reaching a clinician in an emergency, by you or by your clients.

3. Eligibility

Accounts are for licensed mental health clinicians practising in the United States, for the practices that employ them, and for pre-licensed associates, interns, and trainees working under the supervision of a licensed clinician. You must be at least eighteen years old, provide accurate credentialing information, and be authorised to practise in every jurisdiction where you deliver care through the service, including care delivered by telehealth across state lines. Determining that authority is your responsibility, not ours.

4. Access requests, trials, and setting up an account

  • Congruent is early, and accounts are set up by hand. When you request access we review the request and may decline it or ask for more information before provisioning an account. We will tell you either way.
  • New accounts get a 30-day free trial of the full product with no credit card required. If you do not subscribe, the account pauses; it does not convert to a paid plan by itself, and you can still export what you put in for the window described in section 16.
  • A business associate agreement is countersigned as part of setting your account up, including during the trial. Do not enter protected health information until it is in place.
  • If we migrate charts from your previous system, you confirm that you are entitled to give them to us and that a business associate agreement covers the transfer.

5. Account responsibilities

  • Keep your credentials confidential and enable multi-factor authentication. Each clinician and staff member needs their own login; logins are not to be shared, because a shared login destroys the audit trail that protects you.
  • Tell us promptly at support@congruent.care if you believe an account has been compromised.
  • You are responsible for activity under your accounts, for the accuracy of what your practice enters, and for obtaining and documenting the client consents your jurisdiction and your profession require, including consent to telehealth and consent to record a session where you use those features. Recording is off until you turn it on.
  • You are responsible for giving your clients your own notice of privacy practices, and for the way your practice uses the client portal with them.

6. Acceptable use

You agree not to:

  • Use the service unlawfully, or to document care you are not licensed to provide.
  • Attempt to access another practice's data, probe or test our security without written permission, or interfere with the operation of the service.
  • Reverse engineer, resell, sublicense, or white-label the service, or use it to build a competing product.
  • Upload malware, or upload content you have no right to place in a clinical record.
  • Use automated means to extract data at a scale that degrades the service for others. Exporting your own practice's data is always allowed.

7. Clinical responsibility remains with the clinician

Congruent is a documentation tool. It does not practise medicine, provide clinical judgment, diagnose, recommend treatment, or supply a standard of care. The AI features draft text from material you supply and check that text for internal consistency against the chart. A draft is a starting point and nothing more.

You, the clinician, remain solely responsible for reviewing, correcting, and approving every record before you sign it, and for the accuracy, completeness, clinical appropriateness, and content of every signed record, claim, prescription, and communication produced through the service. Signing a document is your attestation that you have read it and that it is accurate. Nothing produced by the software substitutes for your professional judgment, your ethical obligations, or the requirements of your licensing board or payers.

8. Fees and billing

  • The Solo plan is $20 per clinician per month. The Practice plan is $29 per clinician per month. Both are billed monthly in advance, and the current plan contents are on our pricing page.
  • You may cancel at any time, effective at the end of the current billing period. There is no annual contract, no termination fee, no setup or onboarding fee, and no seat minimum. Adding or removing a clinician is reflected on the next billing cycle.
  • On the Practice plan, each electronic claim is charged at $0.40, from the first claim, with ERA posting and eligibility checks included, unless a separate written agreement signed by both of us sets a different rate. Card processing is billed at standard interchange-plus rates with no markup from us.
  • E-prescribing is billed per prescriber per month, at the rate published on the pricing page, and only for the clinicians who prescribe.
  • Fees exclude applicable taxes. If a payment fails, we will tell you and give you a reasonable opportunity to fix it before suspending the account.
  • We may change subscription prices and the per-claim rate with at least thirty days' notice. A price change never applies retroactively, and a feature included on your plan when you subscribed is not moved behind a higher tier.

9. Business associate agreement

A business associate agreement is included on every plan at no cost and is executed before protected health information enters the service. It governs our handling of protected health information. For that subject it takes precedence over these terms and over our Privacy Policy; for everything else, these terms control.

10. Third-party services

Parts of the service run on third parties: cloud infrastructure, AI model providers, telehealth video, a payment processor, a claims clearinghouse, and the Surescripts network for e-prescribing. We are responsible for our subprocessors' handling of protected health information under the business associate agreement. Some of them also have a direct relationship with you: your merchant account is subject to the payment processor's terms, and claims are subject to clearinghouse and payer rules. We do not control whether a payer accepts, pays, or later audits a claim.

11. E-prescribing

If you enable e-prescribing, you confirm that you hold a current license and, for controlled substances, a current DEA registration valid where you prescribe; that you will complete identity proofing and use two-factor signing as federal rules require; and that you will not share the credential used to sign. We transmit prescriptions. The decision to prescribe, and every prescription you sign, is yours alone.

12. Your clients and the client portal

Your clients may use the client portal to book, complete intake forms, sign consents, message you, and pay their balance. They use it as your clients, under your notice of privacy practices, and the information they submit is protected health information that we hold for you under the business associate agreement. You are responsible for who in your practice can see it. The portal is not monitored for emergencies, and you should tell your clients so.

13. Intellectual property

We own the service: the software, interfaces, documentation, trademarks, and everything we write for the website. You receive a non-exclusive, non-transferable right to use it for the duration of your subscription, for your own practice. You own what you put in. Feedback you send us may be used to improve the product without obligation, which is our polite way of saying we would like you to send feedback.

14. Your data and ownership

Clinical records created in Congruent belong to you and your clients, not to us. We hold them to provide the service, under the business associate agreement, and for no other purpose. We do not sell practice data, we do not license it, and we do not use client data to train AI models, a commitment stated in full in our Privacy Policy.

15. Confidentiality

Each of us will keep the other's non-public information confidential and use it only for the purposes of this agreement. For you, that means the parts of the service we have not made public. For us, it means your practice's business information, on top of the obligations we already carry for protected health information. Neither of us is restricted from disclosing information that is public, independently known, or required by law to be disclosed, provided we tell the other where the law allows.

16. Termination and export

You may close your account at any time. We may suspend or terminate an account for material breach of these terms, for non-payment after notice, or where required by law, and will give notice where we lawfully can.

On termination for any reason, you keep the ability to export charts, signed notes, treatment plans, assessment scores, and your client list in standard formats, at no charge, for 90 days. We will not withhold a clinical record over a billing dispute. After that window, data is deleted as described in the Privacy Policy. Sections 7, 13 through 15, and 17 through 22 survive termination.

17. Disclaimers

Except as expressly stated in these terms and in the business associate agreement, 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, and non-infringement. We do not warrant that the service will be uninterrupted or error-free, that AI-generated drafts will be accurate or complete, or that any documentation, claim, or prescription produced through the service will satisfy a particular payer, auditor, pharmacy, or licensing board.

18. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, or lost data, arising out of or relating to these terms, even if advised of the possibility. Our aggregate liability arising out of or relating to these terms will not exceed the fees you paid us in the twelve months preceding the event giving rise to the claim.

These limits do not apply to either party's obligations under the business associate agreement, to a party's indemnification obligations, to a party's breach of section 15, or to liability that cannot be limited under applicable law.

19. Indemnification

You will defend and indemnify us against third-party claims arising from the clinical services you provide, from content your practice places in the service, or from your violation of law or of these terms. We will defend and indemnify you against third-party claims that the service, as we provide it, infringes a United States patent, copyright, or trademark. The indemnified party must give prompt notice, allow the other to control the defence, and cooperate reasonably.

20. Changes to these terms

We may update these terms. When we do, we will change the date at the top and, for material changes, notify account holders directly before the change takes effect. Continuing to use the service after that date means you accept the updated terms; if you do not, you may cancel and export your data.

21. Governing law and disputes

These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Before either of us files a claim, we agree to describe the dispute in writing to the other and to spend thirty days trying to resolve it informally. If that fails, the state and federal courts located in Delaware have exclusive jurisdiction, and each of us consents to it. Either party may seek an injunction in any court to protect its intellectual property or confidential information.

22. General

  • These terms, the business associate agreement, the plan you selected, and any written agreement signed by both of us are the entire agreement between us on their subject, and replace any earlier discussion.
  • If a court finds part of these terms unenforceable, the rest stands. A failure to enforce a term is not a waiver of it.
  • You may not assign this agreement without our written consent. We may assign it to a successor in a merger, acquisition, or sale of the business, and will notify you if we do.
  • Neither party is liable for delay or failure caused by events outside its reasonable control, except that this never excuses a payment obligation or an obligation under the business associate agreement.
  • Notices to you go to the email address on the account. Notices to us go to support@congruent.care.
  • We are independent contractors. Nothing here creates a partnership or agency.

23. Contact

Questions about these terms, a countersigned business associate agreement, or anything else go to support@congruent.care. Please do not include protected health information in an email to us.