TERMS AND CONDITIONS

Terms of Service

Last Updated: May 11, 2026

1. Introduction

These Terms of Service ("Terms") apply to all services and communications provided by Whole Child Therapy, including our website, appointments, messaging services, and any other interactions with our practice. By scheduling an appointment, using our services, or accessing our website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services.

2. Description of Services

Whole Child Therapy provides mental health and therapeutic services to children and their families, including:

• Clinical therapeutic appointments (in-person or virtual)

• Appointment scheduling and management

• Mental health support and counseling services

• Care coordination and treatment planning

• Educational materials and resources

3. SMS Text Messaging Services

3.1 Opt-In to SMS Communications

You may voluntarily opt-in to receive SMS text messages from Whole Child Therapy. Text messages may include:

• Appointment Reminders: Notifications about scheduled appointments

• Appointment Changes: Updates to appointment times, dates, or cancellations

• Appointment Confirmations: Requests to confirm attendance

• General Communications: Questions, follow-ups, and other practice-related information

• Staff Communications: Internal scheduling and operational messages (for staff members who opt-in)

3.2 How to Opt-In

You may provide consent to receive SMS messages through any of the following methods:

• Online Appointment Scheduling: By completing our online scheduling form and checking the SMS opt-in box

• In-Person or Verbal Consent: During your first appointment or when scheduling by phone

• Written Consent: By signing a consent form during intake

All SMS opt-in requests will include clear disclosure of:

• The types of messages you will receive

• The frequency of messages (varies; typically 1-4 messages per month)

• A statement that "message and data rates may apply"

• Instructions on how to opt-out (reply STOP)

• Instructions on how to get help (reply HELP)

3.3 Message Frequency

Message frequency varies depending on your appointment schedule and practice needs. You may receive anywhere from 1 to 4 text messages per week, but frequency may vary based on your specific circumstances.

3.4 Opt-Out Instructions

To stop receiving text messages at any time, reply "STOP" to any message from Whole Child Therapy. Once you reply STOP, you will not receive further messages unless you re-opt-in.

To receive help or ask questions about our messaging program, reply "HELP" to any message.

3.5 Message and Data Rates

Standard message and data rates may apply to all SMS communications. You should check with your mobile carrier to confirm your plan's messaging and data rates. Whole Child Therapy does not charge additional fees for SMS messages beyond standard carrier rates.

3.6 Technical Requirements

SMS messaging requires:

• A valid mobile phone number capable of receiving text messages

• A cellular plan that includes SMS capabilities

Whole Child Therapy is not responsible for delays or failures in SMS delivery due to carrier issues, network problems, or technical limitations beyond our control.

4. Privacy and Data Protection

4.1 Phone Number and SMS Data

When you provide your phone number and opt-in to SMS messages, you understand that:

• Your phone number will be used solely for appointment reminders, appointment-related communications, and other therapeutic practice communications

• Your phone number and associated SMS data are not shared or sold to third parties for marketing purposes

• Your phone number is protected as part of your medical record and is subject to HIPAA (Health Insurance Portability and Accountability Act) regulations

• Your information is stored securely and accessed only by authorized staff members of Whole Child Therapy

4.2 HIPAA Compliance

All communications, including SMS messages, are conducted in accordance with HIPAA regulations to protect your protected health information (PHI). While SMS is not considered a fully secure method of communication under HIPAA, we have implemented reasonable safeguards to protect your information. By opting into SMS messaging, you acknowledge that you understand the risks and agree to this communication method.

4.3 Third-Party Service Providers

Whole Child Therapy uses Twilio as our SMS service provider. Twilio is bound by confidentiality agreements and processes your information only as directed by Whole Child Therapy to deliver SMS messages. For more information on how Twilio handles data, please refer to their privacy policy.

5. Limitation of Liability

5.1 No Guarantee of Delivery

Whole Child Therapy makes no guarantee that SMS messages will be delivered. While we use a reliable SMS service provider, message delivery is subject to:

• Cellular carrier network conditions

• Mobile phone functionality

• Recipient phone settings and spam filters

• Technical factors beyond our control

If you do not receive an expected message, please contact us by phone at your earliest convenience.

5.2 Emergency Communications

SMS messages are not appropriate for emergencies. If you are experiencing a mental health crisis, suicidal thoughts, or any emergency situation, please:

• Call 911

• Contact the National Suicide Prevention Lifeline: 988

• Go to your nearest emergency room

• Call your therapist's emergency line (provided during your initial appointment)

Do not rely on SMS messages for emergency communications.

5.3 No Therapeutic Advice via Text

While we may answer brief questions via SMS, text messages are not a substitute for in-person or virtual therapy sessions. Do not use SMS to discuss complex therapeutic matters or request clinical advice. For clinical questions or concerns, please schedule an appointment or call our office.

6. Patient Responsibilities

By using our services, you agree to:

• Provide accurate, current contact information

• Inform us immediately of any changes to your phone number or contact information

• Keep your phone number and SMS settings configured to receive our messages

• Respond to appointment confirmations and important communications in a timely manner

• Respect our staff's time and follow appointment policies

• Maintain the confidentiality of any therapeutic information received via SMS

7. Cancellation and Modification of Services

7.1 Discontinuing SMS Messages

You may discontinue SMS messages at any time by:

• Replying "STOP" to any text message

• Calling our office and requesting removal from our messaging list

• Submitting a written request via email or mail

7.2 Changes to This Policy

Whole Child Therapy reserves the right to modify SMS messaging policies and this Terms of Service at any time. Patients will be notified of material changes to these Terms, and continued use of our services constitutes acceptance of the modified Terms.

8. Consent and Acknowledgment

By opting into SMS communications, you acknowledge that:

• You have read and understood these Terms of Service

• You understand the types of messages you will receive

• You understand that message and data rates may apply

• You understand how to opt-out by replying STOP

• You understand the limitations of SMS as a communication channel

• You authorize Whole Child Therapy to send you SMS messages to the phone number you have provided

• You understand that SMS communications are not secure under HIPAA and carry inherent privacy risks

• You accept responsibility for maintaining the confidentiality of your phone number and any messages received

9. Intellectual Property

All content on the Whole Child Therapy website, including text, graphics, logos, images, and software, is the property of Whole Child Therapy or its licensors and is protected by copyright and other intellectual property laws. You may not reproduce, modify, or distribute any content without express written permission.

10. User Conduct

You agree that you will not:

• Use our services for any illegal or unauthorized purpose

• Harass, threaten, defame, or abuse our staff members

• Attempt to access secured or non-public areas of our website

• Interfere with the functioning of our services

• Transmit viruses, malware, or any code of destructive nature

• Violate any applicable laws, rules, or regulations

11. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the state in which Whole Child Therapy is located, without regard to its conflict of law provisions. Any legal action or proceeding shall be brought exclusively in the state or federal courts located in that jurisdiction.

12. Dispute Resolution

Any disputes arising from these Terms or your use of our services shall be resolved through:

1. Good Faith Discussion: First, we encourage you to contact us directly to resolve any concerns

2. Mediation: If direct discussion does not resolve the matter, either party may request mediation

3. Legal Action: If mediation fails, the dispute may be resolved through arbitration or litigation in accordance with the governing law outlined above

13. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Whole Child Therapy regarding your use of our services. This agreement supersedes all prior understandings, representations, and agreements, whether written or oral.

15. Contact Information

If you have questions about these Terms of Service, our SMS messaging program, or your privacy, please contact us:

Whole Child Therapy

Website: https://thewholechildtherapy.com

Phone: (801) 210-9319

Email: ContactUs@twctherapy.com

Address: 1570 N Main St.

                 Spanish Fork, UT, 84660

16. Acknowledgment of Terms

By scheduling an appointment, providing your phone number, opting into SMS messages, or continuing to use our services after reviewing these Terms, you acknowledge that you have read, understood, and agree to be bound by all provisions of this Terms of Service agreement.

For questions or concerns about these Terms of Service, please contact us directly.