Terms of Service

Last updated:

Draft for counsel review. These terms describe how the platform is intended to operate but have not been finalized. Production launch requires counsel review.

These terms govern your use of the Nestsera platform. By creating an account or using the client portal, you agree to these terms. If you don't agree, please don't use the service.

The service

Nestsera is a software platform that helps independent therapy practices manage scheduling, messaging, documents, billing, and clinical notes. The portal lets clients of those practices access their information and communicate with their practitioner. Nestsera is not a healthcare provider — your practitioner is.

Accounts

You're responsible for keeping your account credentials secure and for all activity under your account. Don't share your password. Notify your practitioner — and Nestsera at security@nestsera.com — immediately if you believe your account has been accessed without authorization.

Acceptable use

You agree not to: access information that isn't yours; reverse-engineer or interfere with the service; upload malware or attempt to breach security controls; use messaging or document features to harass, defraud, or harm others; or use the platform in violation of law. Nestsera may suspend accounts that violate these terms or that pose a risk to other users.

Health information

Your practitioner — not Nestsera — is the covered entity that holds and is responsible for your health information. Nestsera processes that information on their behalf under a Business Associate Agreement and applies HIPAA-required safeguards. For your rights regarding health information specifically, see your practitioner's Notice of Privacy Practices.

Not for emergencies

The portal is not a substitute for emergency services. If you or someone you're with is in immediate danger or experiencing a mental health crisis, call 911 (or your local emergency number) or contact the 988 Suicide & Crisis Lifeline. The portal does not guarantee real-time delivery and your practitioner may not see a message immediately.

Payments

Payments through the portal are processed by Stripe on behalf of your practitioner. Refunds, disputes, and billing questions should be directed to your practitioner. Nestsera does not set fees, hold funds, or arbitrate disputes between you and your practitioner.

Service availability

We work to keep the platform available but cannot guarantee uninterrupted service. Planned maintenance, third-party outages (cloud hosting, payment processors, email delivery), and unexpected incidents can cause temporary disruption. We are not liable for damages arising from service interruption.

Disclaimers and liability

The service is provided "as is" and "as available." To the maximum extent permitted by law, Nestsera disclaims all warranties not expressly granted, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Our aggregate liability for any claim arising from your use of the service is limited to the fees paid by your practitioner for the platform during the 12 months before the claim, except where such limitation is prohibited by law.

Termination

You can stop using the portal at any time by contacting your practitioner. Your practitioner may also remove your portal access. If your practitioner stops using Nestsera, your portal access ends; your health information remains under your practitioner's control and they will provide you a copy or transfer it per applicable law.

Governing law

These terms are governed by the laws of the state of Nestsera's incorporation, without regard to conflict-of-laws principles. Any dispute will be resolved in the state or federal courts located there. State-specific consumer protections that apply to you remain in effect.

Changes

We may update these terms. Material changes will be communicated by email and reflected on this page, with an updated "Last updated" date. Continued use after a change constitutes acceptance.

Contact

Questions about these terms can be sent to legal@nestsera.com.