Terms of Service

These terms are an agreement between MoodCheckup (“MoodCheckup”, “we”, “us”) and the counselling practice or organisation that creates an account (“you”, the “practice”). By creating an account, starting a trial or paying for a plan, you agree to them. If you accept them for an organisation, you confirm you have authority to bind it.

“Visitors” are the people who take your check-ups. “Client data” is what visitors submit through MoodCheckup: their answers, results, contact details and messages. “Staff” are the people you give a login to.

MoodCheckup lets you publish short self-check questionnaires on your own page and website, guided by an animated character. Visitors see their results, can leave their contact details and can ask to book with you. You see a summary of each person, follow up, and track how your check-ups perform.

What’s included depends on your plan, as described on our pricing page.

MoodCheckup is not a crisis service and does not provide diagnosis, treatment or emergency response. Check-ups are screening and self-reflection tools, not clinical assessments. In an emergency, visitors should call 911, or call or text 988 (Suicide Crisis Helpline in Canada; Suicide & Crisis Lifeline in the United States).

Results, profiles and summaries are generated from your questionnaire’s scoring rules. They are not a substitute for professional judgement. You decide how to use them, and you remain responsible for your clinical and professional decisions.

When a visitor answers a safety question in a way that suggests risk, MoodCheckup shows them crisis resources and marks the lead as urgent for you. We do not monitor submissions and do not contact visitors or emergency services. Alerts depend on email delivery and on your staff checking MoodCheckup, so you must not rely on MoodCheckup as your only way of identifying people at risk.

Give us accurate account details and keep them current. You are responsible for everything done under your account, for choosing who gets a login and with what role, and for removing staff who leave. Keep passwords private. Tell us right away through our contact page if you suspect unauthorised access.

Each login is for one person and must belong to someone who has reached the age of majority. Logins can’t be shared.

Your first subscription can start with a 14-day free trial. A payment method is required to start it. Unless you cancel before the trial ends, your subscription begins and your payment method is charged at the end of the trial. One free trial per practice. You can also skip the trial and pay right away.

• Subscriptions renew automatically each month or year, depending on what you choose, until cancelled. Fees are charged in advance for each period.
• Payments are processed by Stripe. We don’t see or store your full card number.
• Prices are in Canadian or US dollars, as shown when you subscribe, and exclude taxes. Applicable sales taxes (such as GST/HST, or US state sales tax) are added.
• Extra logins above your plan’s amount (including pending invitations) are billed monthly at your plan’s rate from when they’re added. Extra check-ups above your plan’s monthly amount are billed monthly in arrears at your plan’s per-check-up rate. On plans without extra check-ups, new check-ups pause until the next month or until you upgrade.
• On yearly plans, add-ons such as extra logins and extra check-ups are billed on a separate monthly invoice.
• Plan changes take effect right away. Upgrades are charged, and downgrades credited, for the rest of the current period (prorated). You can only downgrade if your account fits the smaller plan’s limits.
• We may change prices with at least 30 days’ notice by email. Changes apply from your next renewal after the notice period. Practices given a founding-clinic price keep that price for as long as their subscription stays active without interruption.
• If a payment fails, we’ll retry and email you. If it can’t be collected, your public check-ups go offline until the balance is paid.

You can cancel anytime from the billing page. Your plan stays active until the end of the period you’ve paid for, then ends. Fees already paid are not refunded, including for unused time or partial periods, except where the law requires a refund.

Once your subscription ends, your check-ups go offline. You have 30 days to sign in and export your data, after which your account and its data are permanently deleted. Re-subscribing within those 30 days restores everything.

• Your questionnaires. You choose and edit the questions, wording, scoring, results and follow-up advice, including when starting from our templates. You are responsible for making sure they are appropriate, accurate and suitable for the people you serve.
• Templates. Our templates are starting points written for screening and engagement. They are not validated clinical instruments. Review and adapt them before publishing.
• Emails sent in your name. Results emails to visitors go out under your practice’s name, so you are the sender. You are responsible for following anti-spam laws such as Canada’s CASL and the US CAN-SPAM Act. Contact visitors only when they have agreed to be contacted.
• Your website and domain. If you embed check-ups on your website or connect a custom domain, you must own or control that site or domain. Your site’s own privacy notice must cover the embedded check-up. A custom domain only works while your plan includes custom domains.
• Booking links and other sites. The “Book now” button sends visitors to the booking or intake page you choose. That site is run by you or your provider, under its own terms. We aren’t responsible for it.
• Privacy notices and consent. You are responsible for telling visitors how you use their information, and for having any consent the law and your professional obligations require. MoodCheckup asks visitors for permission before sharing their answers and before you contact them, but your own privacy policy and practices apply to your relationship with them.
• Following up. You are responsible for responding to leads and urgent alerts according to your own protocols and professional standards.
• Your staff. You are responsible for your staff’s use of MoodCheckup and for keeping roles and access appropriate.
• Minors. Check-ups are designed for adults. If you offer them to people under the age of majority, you are responsible for any parental or guardian consent and for following the rules that apply to minors where you practise.
• The law. You will use MoodCheckup in line with laws and professional rules that apply to you, including privacy and health-information laws.

Client data belongs to you. You are the organisation responsible for it, such as the health information custodian or covered entity under the laws that apply to you. MoodCheckup is your service provider: we handle client data only on your behalf, to provide and support MoodCheckup for you and as these terms describe. We don’t sell it, rent it, use it for advertising, or use it to train AI models.

Our staff only access client data when needed to provide support you ask for, fix a problem, keep the service secure, or comply with the law.

The same data rules apply on every plan:

• Leads are kept while they’re active and are automatically deleted 12 months after their last activity. We warn you 30 days ahead (on your dashboard and by email) so you can export them first.
• Check-ups where the visitor left no contact details: answers are deleted after 7 days. Anonymous counts and results are kept for your analytics.
• You can delete any person’s data at any time. When a person asks you to delete their information, you can do it in MoodCheckup, and it’s removed within 30 days.
• You can export your clients as a CSV file at any time. If a person asks you to see or correct their information, we’ll help you respond where MoodCheckup’s tools don’t already let you.
• After cancellation, data is deleted as described in section 7.

We may produce anonymous, combined statistics from use of the service, such as average completion rates across all practices. We use them to improve MoodCheckup and may share them in that form. They never identify you, your staff or any visitor, and we never try to re-identify anyone.

If we receive a request from a visitor or an authority about client data, we will refer it to you where the law allows. If we become aware of a security breach affecting your client data, we will notify you without undue delay and give you the information you need to meet your own obligations. As the organisation responsible for the data, you decide on and give any notices the law requires to affected people and regulators. We’ll help.

Client data is stored on servers located in Canada. We use a small number of service providers to run MoodCheckup:

• Hosting: the server and database where your account and client data are stored (Canada).
• Stripe: subscription payments and invoices. Stripe receives your billing details, not your clients’ data.
• Email delivery: sends results to visitors and alerts to you. These emails contain the information needed for their purpose.
• Google (Gemini): records the guide’s voice for your questionnaire’s wording. Only the text you write is sent, never visitors’ answers or contact details.
• Google or Microsoft sign-in: only if you turn on single sign-on for your staff.

Some providers may process data outside Canada. We choose providers that protect data to a comparable standard. Like any service, data may be accessible to courts or authorities in the countries where it is processed, under their laws. We keep this list current. Before adding a new provider that will handle client data, we will notify account owners by email.

We use reasonable technical and organisational safeguards to protect client data, including:

• encrypted connections (HTTPS)
• hashed passwords
• role-based access for staff
• an audit log of who viewed or exported client data, on plans that include it
• regular backups
• automatic deletion under the rules in section 9

On reasonable request, about once a year, we’ll answer your privacy and security questions, such as a vendor questionnaire or information for your privacy impact assessment.

No system is perfectly secure. You are responsible for securing your own devices and staff accounts.

Some laws require a written agreement with a service provider like us. Ask through our contact page and we’ll provide the right one:

• United States (HIPAA): if you are a covered entity or business associate, you must sign our Business Associate Agreement (BAA) before using MoodCheckup with protected health information.
• Alberta (Health Information Act): an information manager agreement, if you are a custodian under that Act.
• Elsewhere: a data processing agreement where your privacy law requires one.

If one of these agreements conflicts with these terms, that agreement governs for the information it covers.

You won’t, and won’t let anyone else:

• use MoodCheckup for anything unlawful, deceptive, harassing or harmful, or to collect information without a lawful basis
• publish questionnaires or results that are misleading, discriminatory, or that present screening results as a diagnosis
• send spam, or contact visitors who haven’t agreed to be contacted
• try to get around plan limits, security or billing; probe, scan or overload the service; or access other customers’ data
• copy, resell or reverse-engineer MoodCheckup, or use it to build a competing product

You keep ownership of your content, including your questionnaires, logo, branding and client data. You give us permission to host, store, display and process it only as needed to run MoodCheckup for you. Your published check-ups show a “Powered by MoodCheckup” badge unless your plan lets you remove it.

You confirm you have the rights to what you upload or write, such as your logo, practice name and questionnaire text. If you believe content on MoodCheckup infringes your rights, tell us through our contact page with enough detail to find it. We may remove content that infringes others’ rights or breaks these terms.

MoodCheckup itself belongs to us: the software, templates, guide characters, voices, designs and our brand. That includes everything we create or improve over time. While your subscription is active, you may use MoodCheckup and its templates and characters within your account. If you send us feedback or ideas, we may use them freely.

Each of us will keep the other’s non-public information confidential: for you, your client data and account details; for us, non-public details of our product, pricing and security. Each of us will use it only for this agreement and share it only with people who need it and are bound to keep it confidential. This doesn’t cover information that is already public, was already known, or is independently developed. Either of us may disclose it when the law requires, with notice to the other where allowed.

We aim to keep MoodCheckup available and reliable, but we don’t guarantee uninterrupted service. Maintenance, outages at our providers, or events outside our control may cause downtime. We may improve, change or remove features over time. If we remove a significant feature you pay for, we’ll give you reasonable notice, and you may cancel.

To the extent the law allows, MoodCheckup is provided “as is” and “as available”. We make no warranties beyond those in these terms. In particular, we don’t warrant that check-ups, scores or results are clinically valid for any purpose, or that the service will be error-free.

To the extent the law allows:

• neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or goodwill;
• our total liability arising out of these terms or MoodCheckup is limited to the fees you paid us in the 12 months before the event giving rise to the claim.

These limits don’t apply where the law doesn’t allow them to.

You will defend and compensate us against claims, losses and costs arising from your questionnaires, your use of client data, your professional services, or your breach of these terms or the law.

We may suspend or close an account that seriously or repeatedly breaches these terms, puts the service or other customers at risk, or has unpaid fees. Where reasonable, we will warn you first and give you a chance to fix the problem. If we close your account without cause, we will refund any prepaid fees for the unused period. After any termination, section 7’s export window and deletion apply.

We may update these terms. For significant changes we will email the account owner at least 30 days before they take effect. If you keep using MoodCheckup after that, you accept the new terms. If you don’t agree, you can cancel before they take effect.

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. If a dispute comes up, contact us first. We will both try in good faith to resolve it within 30 days. If we can’t, the courts of Ontario have exclusive jurisdiction, unless the law where you are located requires otherwise. Any claim must be brought within one year after it arises, unless the law requires a longer period.

• Notices. We send notices by email to the account owner’s address. You send notices through our contact page. Keep your email address current.
• Events outside our control. Neither of us is responsible for delays or failures caused by events beyond reasonable control, such as major outages at providers, natural disasters or government action. This doesn’t excuse paying fees.
• Transfer. You may not transfer this agreement without our written consent. We may transfer it as part of a merger, acquisition or sale of our business, and the new owner will be bound by these terms.
• Severability. If part of these terms can’t be enforced, the rest still applies.
• No waiver. If we don’t enforce a term right away, we can still enforce it later.
• Survival. Terms that by their nature should continue after the agreement ends continue, including payment owed, confidentiality, data deletion, disclaimers, limits of liability and indemnity.
• Entire agreement. These terms, plus any health-information agreement from section 12 and the plan you choose, are the whole agreement between us about MoodCheckup.

Questions about these terms, billing or privacy? Contact us and we’ll reply by email.