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Terms of Service & Privacy

Last updated

Draft pending legal review

This page is a structural draft and is not yet a binding agreement. Sections marked [TO BE COMPLETED] require review by qualified counsel before publication. For any current question about terms or data handling, please contact us.

Terms of Service

These terms govern your use of Blink Session. By creating an account or using the platform, you agree to them. If you are agreeing on behalf of a practice, district, or agency, you confirm you have authority to bind that organization.

[TO BE COMPLETED] Governing law, jurisdiction, dispute resolution, limitation of liability, warranty disclaimers, indemnification, and termination provisions require counsel.

Accounts and acceptable use

Accounts are issued to individuals, not shared. You are responsible for the security of your credentials and for activity under your account. Provider accounts must not be shared between clinicians, both because it undermines audit trails and because it makes role-based access meaningless.

You agree not to use the platform to:

  • Deliver services you are not licensed or credentialed to provide.
  • Record any session without documented, informed consent from the client or their legal guardian.
  • Access client records outside the scope of your role or care relationship.
  • Attempt to circumvent access controls, or probe or test platform security without written authorization.
  • Upload material you do not have the right to distribute.

Clinical responsibility

Blink Session is a communication and practice management tool. It is not a healthcare provider, it does not practise any clinical discipline, and it does not provide clinical advice. All clinical judgment remains entirely yours, including:

  • Whether remote delivery is appropriate for a given client and goal.
  • Holding the licences required in the jurisdiction where your client is located at the time of service.
  • Meeting your profession's standards for assessment, documentation, and supervision.
  • Your own emergency and crisis procedures for clients you see remotely.

The platform is not designed for emergencies. It must not be relied upon for urgent or crisis care.

Privacy notice

This notice covers information handled through this marketing website and through the platform.

This website

If you submit the contact form, we receive the name, email address, and any other details you choose to provide, and we use them solely to respond to your enquiry. Please do not include protected health information in that form; it is not the appropriate channel for it.

The platform

Information you and your clients enter into the platform is processed on your behalf, under your direction, for the purpose of delivering your services. We do not sell it, and we do not use protected health information for advertising.

[TO BE COMPLETED] Categories of data collected, cookie and analytics disclosures, subprocessor list, international transfer mechanisms, and state-specific rights (including CCPA/CPRA) require counsel.

HIPAA and protected health information

Where you are a covered entity and we handle protected health information on your behalf, we act as a business associate under HIPAA.

It is worth being precise about what that means, because the phrase "HIPAA compliant software" is misleading. Compliance is a property of an organization's conduct, not of a product. We are responsible for the safeguards the platform provides. Your practice remains responsible for its own risk analysis, policies, workforce training, business associate agreements with your other vendors, and day-to-day handling of protected health information. Software cannot discharge those obligations for you.

[TO BE COMPLETED] Specific safeguard descriptions and breach notification timelines must match the executed BAA and be confirmed against actual practice.

Business Associate Agreement

A Business Associate Agreement is available to practices that handle protected health information. If your organization requires an executed BAA before using the platform, contact us and we will provide the current agreement for your review.

Security practices

Session traffic and stored data are encrypted, access is scoped by role, and administrative actions are logged. Sessions are not recorded by default; where recording is available, enabling it is a deliberate act and obtaining documented informed consent beforehand is your responsibility. Note that several states require every participant to a recorded conversation to consent, so confirm the rules applying to both you and your client.

[TO BE COMPLETED] Encryption standards, audit log retention, penetration testing cadence, and any third-party attestations should be stated here only once verified.

Data retention and deletion

You can request an export or deletion of your practice's data. Bear in mind that your own professional and state record-retention requirements may oblige you to keep clinical records for a defined period, and those obligations sit with you rather than with us.

[TO BE COMPLETED] Specific retention periods, backup retention windows, and post-termination deletion timelines require confirmation.

Changes to these terms

We may update these terms. Material changes will be communicated to account holders, and the "last updated" date above will change. Continued use after a change takes effect constitutes acceptance.

Questions about anything on this page? Get in touch or email support@blinksession.com.