GARDENIA COUNSELING
TERMS OF SERVICE
*Last Updated: 11/2/2025
1. Agreement to Terms
By accessing or using our website, client portal, telehealth services, in‐person therapy, scheduling system, or other services (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use our Services.
Our Services include the use of the platform provided by SimplePractice LLC (“SimplePractice”) for scheduling, paperwork, billing, and telehealth.
2. Eligibility
You represent and warrant that you are at least 18 years of age (or have obtained parental/guardian consent if a minor), and have full authority to enter into these Terms and to use the Services.
3. Description of Services
Gardenia Counseling provides mental health and wellness services, including psychotherapy, counseling, assessments, telehealth video sessions, and related support. We use SimplePractice’s platform to manage scheduling, client records, billing, and telehealth delivery.
4. Your Account, Client Records & Portal
In order to access certain features (such as scheduling, telehealth meetings, paperwork, billing), you will be given access to a client portal through SimplePractice.
You agree:
* to provide accurate and complete information when creating your account and profile;
* to maintain and promptly update your account and profile information;
* to keep your username/password secure and not share your account credentials;
* to immediately notify us if you become aware of any unauthorized use of your account or any security breach.
5. Client Conduct & Responsibilities
You agree to comply with all applicable laws, rules, and regulations in your use of our Services. In particular, you agree not to:
* use the Services for unlawful purposes or in violation of professional/ethical guidelines;
* impersonate any person or entity or provide false or misleading information;
* interfere with or disrupt the Services or servers or networks connected to the Services;
* attempt to gain unauthorized access to any portion of the Services or other users’ accounts.
6. Privacy & Confidentiality
Your personal information and health/therapy records are subject to our Privacy Policy, as well as SimplePractice’s privacy practices. Through the SimplePractice platform, certain data may be collected, stored, or processed on behalf of Gardenia Counseling and SimplePractice. We will maintain confidentiality in accordance with HIPAA, state mental-health laws, and other applicable regulations.
You should refer to our separate Privacy Policy for full details.
7. Payment, Billing & Insurance
You agree to pay all fees for Services rendered by Gardenia Counseling, either directly or via your insurance. If using the SimplePractice platform, billing and payments may be processed through that system. If you fail to pay any fees when due, we may suspend or terminate your Services. You are responsible for verifying your insurance coverage and for any copayments, deductibles, or non-covered services.
8. Telehealth Services
If we provide services via telehealth (through SimplePractice’s telehealth tools or equivalent), you agree to:
* ensure a private, secure environment for your session;
* use a device with video/audio capability;
* follow any additional instructions we provide for safe telehealth use;
We will follow applicable laws and professional standards. Telehealth may not be appropriate for all clients or conditions, and we reserve the right to determine if an in-person session is required.
9. Termination of Services
We reserve the right to suspend or terminate your access to the Services and/or discontinue your treatment at any time, for any reason (including non-payment, breach of these Terms, or our professional judgment). Upon termination, you must cease using the Services and any client-portal access. Sections of these Terms that by their nature survive termination (e.g., payment obligations, confidentiality, limitation of liability) will continue in effect.
10. Intellectual Property
All content, materials, functionality in our Services (excluding your Client Content) are owned by Gardenia Counseling and are protected by copyright, trademark, and other laws. You may not reproduce, modify, distribute, create derivative works of, publicly display or perform such content without prior written permission.
11. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE (AND SIMPLEPRACTICE) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER GARDENIA COUNSELING NOR SIMPLEPRACTICE (NOR THEIR OFFICERS, DIRECTORS, AGENTS) WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR SERVICES (IF ANY) IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. Some jurisdictions do not allow limitations on implied warranties or liability for certain damages, so some of the above limitations may not apply to you.
13. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the state of Texas, without regard to its conflict of law provisions (assuming Gardenia Counseling is located in Texas). Any dispute arising under or relating to these Terms will be resolved in the state and federal courts located in Harris County, Texas, and you hereby consent to venue and personal jurisdiction in those courts.
14. Modifications to Terms
We may modify or update these Terms at any time in our sole discretion. When we do, we will post the updated Terms on our website and indicate the “Last Updated” date. Your continued use of the Services after the changes become effective constitutes your acceptance of the new Terms. If you do not agree to the changes, you must stop using the Services.
15. Severability & Waiver
If any provision of these Terms is held invalid or unenforceable, that provision will be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions will remain in full force and effect. No waiver of any term or condition by us shall be deemed a continuing waiver of such term or any other term.
16. Entire Agreement
These Terms, together with any Client Agreement, Consent Forms, Fee Agreement, and our Privacy Policy, constitute the entire agreement between you and Gardenia Counseling regarding the Services and supersede all prior or contemporaneous agreements and understandings, whether electronic, oral or written.
17. Contact Information
If you have any questions about these Terms, please contact us at:
Gardenia Counseling
Email: diana@gardenia.health
Address: 21320 Provincial Blvd. Katy, TX 77450
Phone: 832-510-7678