Terms of Service

Last updated: April 2026

DRAFT — FOR LEGAL REVIEW

This document is a comprehensive working draft prepared for attorney review and finalization. Items in [BRACKETS] require specific legal counsel input before publication.

1. Acceptance of Terms

By accessing or using the CounselorFit platform at counselor.fit ("Service"), you agree to be bound by these Terms of Service ("Terms"). CounselorFit is operated by Exponent Group, a registered 501(c)(3) nonprofit organization (EIN: 83-2293642), with principal offices in Massachusetts.

If you do not agree to these Terms, you must not access or use the Service. By creating an account, browsing the directory, or submitting an inquiry to a therapist through our platform, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Exponent Group, doing business as CounselorFit ("we," "us," or "our").

2. Description of Service

CounselorFit is a curated directory and marketplace platform that connects individuals and organizations with vetted, licensed mental health therapists. Our Service includes:

  • A searchable directory of therapists who have been vetted through our credentialing and quality-assurance process
  • Tools for individuals to discover, evaluate, and connect with therapists based on specialty, location, insurance, and fit
  • An enterprise platform enabling employers to offer curated therapist access as an employee benefit (white-label options available)
  • Educational content, articles, and resources related to mental health and therapy

CounselorFit is NOT a healthcare provider, mental health practice, or clinical service. We do not diagnose, treat, or provide therapy. We are a technology platform that facilitates connections between clients and independently licensed therapists.

3. User Accounts

To access certain features of the Service, you may need to create an account. CounselorFit supports two primary account types:

3a. Client Accounts

Individuals seeking therapy may create accounts to browse the directory, save preferences, submit inquiries to therapists, and manage their connection history.

3b. Therapist Accounts

Licensed mental health professionals may apply for listing on the platform. Therapist accounts are subject to our vetting and credentialing process and the additional terms described in Section 4.

For all account types, you are responsible for: (a) maintaining the confidentiality of your account credentials; (b) all activities that occur under your account; and (c) providing accurate, current, and complete information during registration and keeping such information up to date.

You must notify us immediately at hello@counselor.fit if you believe your account has been compromised.

4. Therapist Listing Terms

4a. Vetting and Credentialing

All therapists listed on CounselorFit undergo our vetting process, which includes verification of active state licensure, professional liability insurance, educational credentials, and clinical experience. Therapists must maintain all required credentials and insurance in good standing for the duration of their listing.

4b. Subscription and Platform Fees

CounselorFit offers a free tier and paid subscription tiers. The free tier includes a verified directory listing and core practice management tools at no charge. Paid tiers unlock video telehealth, client billing, and additional features. Current pricing is displayed at counselor.fit/practice-tools and is subject to change with notice as described in Section 16.

Therapists set their own session rates and receive their full quoted rate from clients. CounselorFit does not take a commission from therapist earnings. A platform service fee of 5% is added to the client's bill at checkout and collected by CounselorFit directly from the client. Standard payment processing fees (2.9% + $0.30 per transaction via Stripe) are passed through from therapist payouts at cost. CounselorFit does not mark up processing fees.

4c. Therapist Responsibilities

Listed therapists are independently licensed professionals and are solely responsible for: (a) their clinical practice, treatment decisions, and therapeutic outcomes; (b) maintaining HIPAA compliance and all applicable state and federal regulations; (c) accurate representation of their credentials, specialties, and availability; (d) maintaining professional liability insurance with minimum coverage of [MINIMUM COVERAGE AMOUNT — ATTORNEY TO ADVISE]; and (e) timely response to client inquiries received through the platform.

4d. Content Ownership

Therapists retain ownership of the content they submit for their profiles (biographical information, photos, treatment descriptions). By submitting content to CounselorFit, therapists grant us a non-exclusive, royalty-free, worldwide license to display, modify for formatting purposes, and distribute that content on the platform and in related marketing materials for the duration of the listing.

5. Client Terms

By using CounselorFit to find or connect with a therapist, you acknowledge and agree that:

  • No provider-patient relationship with CounselorFit: Your therapeutic relationship is solely with the individual therapist you engage. CounselorFit is not a party to that relationship and has no clinical responsibility for your care.
  • CounselorFit is not a healthcare provider: We do not provide medical advice, diagnoses, or treatment. Our platform facilitates connections only.
  • Due diligence: While we vet therapists listed on our platform, we encourage you to verify credentials, ask questions, and assess fit before beginning a therapeutic relationship. Vetting reduces risk but does not guarantee outcomes.
  • Emergency services: CounselorFit is not an emergency service. If you are in crisis, please call 988 (Suicide and Crisis Lifeline), 911, or go to your nearest emergency room.

6. Enterprise Terms

CounselorFit offers enterprise solutions for employers and organizations ("Enterprise Clients") that wish to provide curated therapist access as an employee benefit. Enterprise relationships are governed by a separate Enterprise Services Agreement in addition to these Terms.

6a. White-Label Platform

Enterprise Clients may access a white-labeled version of the CounselorFit directory, customized with their branding and configured for their employee population. White-label deployments are subject to additional configuration fees and terms outlined in the Enterprise Services Agreement.

6b. HIPAA Business Associate Agreement

Where required by applicable law or requested by the Enterprise Client, CounselorFit will enter into a HIPAA Business Associate Agreement (BAA). However, as described further in Section 11, CounselorFit does not access, store, or transmit Protected Health Information (PHI) related to therapy sessions. The BAA, where applicable, covers only the limited data processed through the platform (e.g., employee names and contact information used for therapist matching).

6c. Aggregated Data Only

Enterprise Clients receive only aggregated, de-identified utilization data (e.g., total number of employees who connected with a therapist, aggregate satisfaction scores). Enterprise Clients will never receive individually identifiable information about which employees accessed which therapists, session content, diagnoses, or treatment details. See our Privacy Policy for full details.

7. Payment Terms

7a. Subscription Billing

Paid subscriptions are billed monthly or annually in advance via Stripe. Therapists are responsible for keeping their billing information current. Subscriptions renew automatically until cancelled. Therapists are responsible for reporting all earned income to applicable tax authorities.

7b. Session Payments and Payouts

When a client completes payment for a session through the platform, the client pays the therapist's quoted rate plus a 5% platform service fee. The therapist receives their full quoted rate minus standard Stripe processing fees (2.9% + $0.30 per transaction), which are passed through at cost. Therapists will receive detailed statements showing sessions, amounts collected, processing fees, and net payouts. CounselorFit reserves the right to withhold payment in cases of suspected fraud or Terms violations, pending investigation.

7c. Refunds

Refund policies for individual therapy sessions are set by each therapist and communicated directly to clients. CounselorFit is not responsible for refund disputes between therapists and clients. Enterprise Clients should refer to their Enterprise Services Agreement for refund and cancellation terms.

7d. Insurance Billing

CounselorFit does not process insurance claims. The platform supports cash-pay sessions only at this time. Therapists who accept insurance do so independently and are solely responsible for insurance billing, coding, and compliance outside of the platform. Superbill generation is available as a convenience feature for clients seeking out-of-network reimbursement.

8. Intellectual Property

The Service and its original content, features, functionality, design, and branding are owned by Exponent Group and are protected by copyright, trademark, and other intellectual property laws. "CounselorFit," the CounselorFit logo, and related marks are trademarks of Exponent Group.

You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse-engineer or attempt to extract the source code of the platform, except as expressly permitted by law.

9. User Content

Users may submit content to the platform, including therapist profiles, biographical information, testimonials, reviews, and other materials ("User Content"). By submitting User Content, you represent that:

  • You own or have the right to submit the content
  • The content is accurate, not misleading, and does not violate any third-party rights
  • The content does not contain Protected Health Information (PHI) of any client or patient
  • You grant CounselorFit a non-exclusive, royalty-free license to use, display, and distribute the content in connection with the Service

CounselorFit reserves the right to remove or modify User Content that violates these Terms, is inaccurate, or is otherwise objectionable, at our sole discretion.

10. Prohibited Conduct

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law
  • Misrepresent your identity, credentials, licensure status, or qualifications
  • Submit false reviews, testimonials, or ratings
  • Harass, abuse, threaten, or harm other users, therapists, or staff
  • Attempt to circumvent platform fees by directing clients to complete payments outside the platform in order to avoid the service fee
  • Scrape, harvest, or collect data from the platform through automated means
  • Upload or transmit viruses, malware, or other harmful code
  • Attempt to gain unauthorized access to other accounts, systems, or networks connected to the Service
  • Use the Service to send unsolicited commercial communications
  • Interfere with or disrupt the Service or its infrastructure

11. Disclaimers

CounselorFit is NOT a healthcare provider and does NOT provide medical or mental health advice, diagnosis, or treatment.

The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

While we vet therapists for licensure, insurance, and credentials, we do not guarantee: (a) the quality, safety, or efficacy of any therapist's services; (b) that any therapist is appropriate for your specific needs; (c) the accuracy or completeness of any therapist's profile information; or (d) any particular therapeutic outcome.

CounselorFit does not access, review, or monitor therapy sessions, treatment plans, clinical notes, or any other Protected Health Information. All clinical decisions are made independently by the therapist and client.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Exponent Group (doing business as CounselorFit), its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your use of or inability to use the Service
  • Any conduct or content of any therapist, client, or third party on the Service
  • Any therapeutic services provided by therapists listed on the platform
  • Unauthorized access, use, or alteration of your content or transmissions

In no event shall our total liability to you for all claims arising from or relating to the Service exceed [LIABILITY CAP AMOUNT — ATTORNEY TO ADVISE, e.g., THE GREATER OF $100 OR THE AMOUNT YOU PAID TO COUNSELORFIT IN THE 12 MONTHS PRECEDING THE CLAIM].

13. Indemnification

You agree to indemnify, defend, and hold harmless Exponent Group (doing business as CounselorFit), its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including any intellectual property, privacy, or publicity rights; (d) for therapists, any malpractice, negligence, or other claims arising from your clinical practice; or (e) any content you submit to the Service.

14. Dispute Resolution

14a. Informal Resolution

Before filing any formal dispute, you agree to first contact us at hello@counselor.fit and attempt to resolve the dispute informally for at least [INFORMAL RESOLUTION PERIOD — e.g., 30 DAYS].

14b. Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by [SPECIFIC ARBITRATION PROVIDER — e.g., AMERICAN ARBITRATION ASSOCIATION / JAMS] in accordance with its rules then in effect. The arbitration shall take place in [ARBITRATION LOCATION — e.g., BOSTON, MASSACHUSETTS], and the arbitrator's award shall be final and binding.

14c. Class Action Waiver

You agree that disputes will be resolved on an individual basis and not as part of any class, consolidated, or representative action. [ATTORNEY TO REVIEW CLASS ACTION WAIVER ENFORCEABILITY IN MASSACHUSETTS]

15. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to: violation of these Terms, loss of licensure or insurance (for therapists), fraudulent activity, failure to maintain a valid subscription while using paid features, or conduct that may harm other users or the reputation of the platform.

Upon termination: (a) your right to use the Service will immediately cease; (b) for therapists, your profile will be removed from the directory; (c) any outstanding subscription fees or platform service fees owed remain due and payable; and (d) provisions of these Terms that by their nature should survive termination shall survive (including Sections 8, 11, 12, 13, 14, and 17).

Therapists may voluntarily delist from the platform by providing [NOTICE PERIOD — e.g., 30 DAYS] written notice. Prepaid subscription fees are non-refundable except as required by applicable law.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by: (a) updating the "Last updated" date at the top of this page; (b) sending email notification to registered users for material changes; and (c) for therapists, providing at least [NOTICE PERIOD FOR MATERIAL CHANGES — e.g., 30 DAYS] advance notice of changes to subscription pricing or platform fee structure.

Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and may request account deletion.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. To the extent that any legal proceeding is not subject to arbitration under Section 14, you consent to the exclusive jurisdiction and venue of the state and federal courts located in [COUNTY — e.g., SUFFOLK COUNTY], Massachusetts.

18. Contact Information

If you have questions about these Terms of Service, please contact us:

CounselorFit
Operated by Exponent Group

Email: hello@counselor.fit

Website: www.counselor.fit

EIN: 83-2293642