Terms of Service

  1. Definitions & Scope. These terms of service govern your access to and use of “MetaPractice” (which herein refers to “the MetaPractice app and MetaPractice website, metapractice.net”).  By accessing or using MetaPractice, you agree to be bound by these Terms and by our Privacy Policy.
  2. Certain registration information and other information about you may be collected by MetaPractice. MetaPractice’s use of this information is governed by the MetaPractice Privacy Policy.
  3. Waiver of liability. You expressly understand and agree that:
    1. Neither MetaPractice nor any future parent or affiliated companies be liable for:
      1. any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect incidental, punitive, special, consequential or exemplary damages (even if MetaPractice has been advised of the possibility of such damages),
      2. or loss of any kind arising from your use of MetaPractice or any alleged failure of performance, error, omission, interruption, deletion, defect or delay in service, operation, or transmission,
      3. or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content or technology, pertaining to or in MetaPractice,
      4. or from content, information, materials, or products provided by or made available to you through MetaPractice,
      5. or for any damages in excess of the amount paid for the specific item of content giving rise to the applicable claim for damages.
    2. This limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if Orange Note, LLC or future parent or affiliated companies have been advised of the possibility of such loss or damage without limiting the generality of the foregoing. You also specifically acknowledge that Orange Note, LLC or future parent or affiliated companies are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of MetaPractice or any other third parties.
    3. MetaPractice shall use reasonable efforts to protect personal information submitted by you in connection with the MetaPractice service and shall use such information in accordance with the Privacy Policy.
    4. Your submission of any information is at your sole risk, and to the maximum amount permitted by law, MetaPractice disclaims any and all liability to you for any loss or liability relating to such information in any way.
    5. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
  4. Unauthorized Access. We disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information.  By accessing or using MetaPractice, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or use MetaPractice.
  5. Intellectual Property. You acknowledge that MetaPractice employs novel methods of inputting, notating and storing individually assigned goals, novel methods of displaying these goals to teachers, students and practice monitors, and also employs novel methods of facilitating individual goal practicing, goal monitoring and goal evaluation, and as such these methods and designs may not be copied, reproduced or commercially exploited in all or any part.  MetaPractice and all of its contents, features, and functionality (including but not limited to information, text, displays, images, video, and audio provided by MetaPractice, and the design, selection and arrangement thereof), are owned by Orange Note, LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any protected material on metapractice.net or in the MetaPractice app.
  6. Commercial Use. A teacher may use MetaPractice as a tool to support their commercial business of teaching.  Teachers may opt to collect reimbursement fees from students for the cost of using MetaPractice, but PROFITING DIRECTLY FROM THE USE OF METAPRACTICE IS STRICTLY PROHIBITED.  UNDER NO CIRCUMSTANCES MAY THE TEACHER COLLECT MORE MONEY FROM STUDENTS OR PARENTS IN DIRECT CONNECTION TO THEIR USE OF METAPRACTICE THAN WHAT THE TEACHER ACTUALLY PAYS TO USE METAPRACTICE.
  7. Revocable License. These terms of use grant you a personal, non-exclusive, non-transferable, revocable license to access and use MetaPractice.  Any use of MetaPractice not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
  8. Price & Payment. MetaPractice reserves the absolute right to accept or refuse any payment made in any form.  To maximize security, MetaPractice does not hold any credit/debit card details.
    1. Free Trial. MetaPractice is offered to students for free.  Teachers are offered a free trial.  If a subscription payment is not made before the free trial elapses, the student will still have access to all of their past and current goals but will not be able to receive any new goals until the account is paid.  For more on data retention / deletion, see the Privacy Policy.
  9. Termination.  You’re free to stop using MetaPractice at any time.
    1. We reserve the right to suspend or end services at any time at our discretion and without notice if:
      1. you’re in breach of these Terms,
      2. you’re using MetaPractice in a manner that would cause a real risk of harm or loss to us or other users, or
      3. you haven’t accessed MetaPractice for the time period outlined in the Privacy Policy.
    2. We’ll provide you with reasonable advance notice via the e-mail address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export your data from MetaPractice. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to MetaPractice.
    3. We won’t provide notice before termination where:
      1. you’re in material breach of these Terms,
      2. doing so would cause us legal liability or compromise our ability to perform Services to our other users, or
      3. we’re prohibited from doing so by law.
    4. If we decide to permanently terminate your MetaPractice account, you must not apply for a new account as unfortunately you will no longer be welcome to use MetaPractice.
  10. Notification of Changes. We may revise these terms from time to time to better reflect:
    1. changes to the law,
    2. new regulatory requirements, or
    3. improvements or enhancements made to our Services.  The changes will not be retroactive, and the most current version of the terms, which will always be available within MetaPractice, will govern our relationship with you. We will try to notify you of material revisions, for example via service notification or an e-mail to the e-mail associated with your account. By continuing to access or use MetaPractice after those revisions become effective, you agree to be bound by the revised Terms.
  11. Contact Information. If you have any questions regarding this Agreement, you may contact MetaPractice’s support team at support@metapractice.net.