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Terms of Service

Last updated: March 15, 2025

Welcome to Gradiant Ascent. These Terms of Service ("Terms") govern your access to and use of the Gradiant Ascent platform and services. Please read these Terms carefully before using our services, as they constitute a legally binding agreement between you and Gradiant Ascent, Inc.

1. Acceptance of Terms

By accessing or using Gradiant Ascent's services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms referenced herein. If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use our services.

2. Description of Services

Gradiant Ascent provides a secure AI therapy platform designed specifically for mental health professionals. Our services include but are not limited to:

  • Secure, encrypted therapy communication and record-keeping
  • AI-assisted therapy tools and insights using Fully Homomorphic Encryption (FHE)
  • HIPAA-compliant client management and documentation tools
  • Encrypted analytics and reporting features
  • Secure client portals and communication channels

We reserve the right to modify, suspend, or discontinue any part of our services at any time, with or without notice. We will make reasonable efforts to notify you of significant changes to the services.

3. HIPAA Compliance and Business Associate Agreement

For healthcare providers subject to the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"), Gradiant Ascent operates as a Business Associate. By using our services as a Covered Entity under HIPAA, you agree to the terms of our Business Associate Agreement (BAA), which is incorporated by reference into these Terms.

The BAA outlines our respective obligations regarding Protected Health Information (PHI) and can be accessed in your account settings. You must execute a BAA with us before using our services to process, transmit, or store PHI.

You represent and warrant that you will:

  • Comply with all applicable provisions of HIPAA and other healthcare privacy laws
  • Obtain all necessary consents and authorizations from clients/patients before entering their information into our platform
  • Use our services in a manner consistent with your obligations under HIPAA
  • Immediately notify us of any potential or actual breach of PHI
  • Implement appropriate administrative, physical, and technical safeguards to protect PHI

4. Privacy and Data Security

We take data security and privacy extremely seriously. Our revolutionary approach using Fully Homomorphic Encryption (FHE) technology provides unprecedented security for sensitive therapeutic data. Key security features include:

  • Client-side encryption: All data is encrypted on your device before transmission
  • Zero-knowledge architecture: We cannot access your unencrypted data, even if compelled to do so
  • Homomorphic processing: Data remains encrypted during AI processing and analysis
  • End-to-end encryption: Communications are secured from point of origin to destination
  • AES-256-GCM encryption: Industry-leading encryption standards for data at rest
  • Regular security audits: Our systems undergo frequent security assessments and penetration testing

Our Privacy Policy, incorporated by reference into these Terms, provides detailed information about how we collect, use, and protect your data.

5. User Accounts and Security

To access certain features of our services, you must create an account. You are responsible for:

  • Providing accurate, current, and complete information during registration
  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Configuring and maintaining appropriate security settings for your account
  • Using multi-factor authentication as provided in our platform
  • Notifying us immediately of any unauthorized access or security breaches

We recommend using strong, unique passwords and enabling all available security features. You may not share your account with any third party. Each provider in your practice must have their own separate account.

6. Acceptable Use Policy

You agree not to misuse our services or help anyone else do so. You specifically agree not to:

  • Use our services for any illegal purpose or in violation of any laws
  • Violate or infringe upon the rights of others, including privacy and intellectual property rights
  • Share inappropriate content, including anything harmful, offensive, or disruptive
  • Attempt to breach or circumvent any security measures of our services
  • Interfere with the proper functioning of our platform or services
  • Engage in any activity that could disable, overburden, or impair our servers
  • Use our services to transmit viruses, malware, or any other harmful code
  • Conduct vulnerability scanning or penetration testing without our explicit written permission
  • Collect or harvest any information from our services without authorization

We reserve the right to monitor compliance with these restrictions and to suspend or terminate accounts that violate these policies.

7. Intellectual Property Rights

Our platform, including all content, features, and functionality, is owned by Gradiant Ascent and is protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.

While using our services, you may provide input, feedback, or content ("User Content"). You retain ownership of your User Content, but grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such User Content solely for the purpose of providing and improving our services.

Any feedback or suggestions you provide regarding our services may be used by us without any obligation to compensate you.

8. Payment and Subscription Terms

Some of our services require payment of fees. By subscribing to a paid plan, you agree to the following:

  • You will pay all fees associated with your plan in accordance with the billing terms
  • Subscription fees are billed in advance on a monthly or annual basis, depending on your selected billing cycle
  • Subscriptions automatically renew unless cancelled at least 10 days before the renewal date
  • Fees are non-refundable except where required by law or as explicitly stated in these Terms
  • We may change subscription fees upon 30 days' notice, with changes applying at the next billing cycle
  • You are responsible for all taxes applicable to your subscription

If payment is not successfully settled due to expiration, insufficient funds, or otherwise, we may suspend your access to the services until payment is successfully processed.

9. Limitation of Liability

To the maximum extent permitted by law, Gradiant Ascent and its affiliates, officers, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, data, or business opportunities
  • Interruption of service or inability to access our services
  • Personal injury or property damage related to your use of our services
  • Any unauthorized access to or use of our servers or any personal information
  • Any third-party claims or damages arising from your use of our services

Our total liability for any claims under these Terms shall not exceed the amount you paid us for the services in the 12 months prior to the action giving rise to liability.

These limitations apply even if we have been advised of the possibility of such damages and regardless of the theory of liability.

10. Disclaimer of Warranties

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

While we strive to provide secure and reliable services, we do not warrant that:

  • Our services will function uninterrupted, secure, or available at any particular time or location
  • Any errors or defects will be corrected
  • Our services are free of viruses or other harmful components
  • Results obtained from using our services will be accurate or reliable

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless Gradiant Ascent and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your User Content or use of our services
  • Your violation of applicable laws or regulations
  • Your violation of any third party's rights, including privacy or intellectual property rights

12. Termination

We may terminate or suspend your account and access to our services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination:

  • Your right to use the services will immediately cease
  • You will have limited time to export your data, as described in our data retention policies
  • We may delete your account and data in accordance with our Privacy Policy and data retention schedules
  • You will still be responsible for any outstanding fees or obligations incurred before termination

All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. HIPAA-Specific Termination Provisions

For healthcare providers subject to HIPAA, we adhere to specific termination requirements:

  • At termination of the BAA, we will extend the protections of the BAA to PHI for a longer transition period
  • We will facilitate the secure transfer of PHI to another service provider or directly to you
  • We will implement a secure data destruction process for PHI in accordance with HIPAA standards
  • We will provide certification of proper destruction of PHI upon request

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or our services shall first be attempted to be resolved through informal negotiation. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, with arbitration to take place in San Francisco, California.

You agree that any arbitration shall be conducted on an individual basis and not in a class, consolidated, or representative action. Any claim must be filed within one year after the cause of action arises.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by:

  • Posting the updated Terms on our website
  • Sending an email to the address associated with your account
  • Displaying a notice within our application

Your continued use of our services after the modified Terms are posted constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using our services.

16. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices published by Gradiant Ascent, constitute the entire agreement between you and Gradiant Ascent concerning our services.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment: You may not assign or transfer these Terms or your rights and obligations without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

17. Contact Information

If you have any questions about these Terms, please contact our legal department at:

Email: legal@gradiantascent.com
Phone: +1-800-123-4567
Address: 123 Encryption Way, Suite 256
Secure City, CA 94000
United States

By using our services, you acknowledge that you have read and understood these Terms and agree to be bound by them.