Terms of service

1. Who these terms are between

These terms are an agreement between you, an individual using Irvin, and Irvin Technologies, LLC, a Missouri limited liability company (“Irvin”, “we”, “us”).

They are not a Business Associate Agreement, and they are not a substitute for one.

Irvin signs a BAA with your organization — the practice, agency, or university that holds the treatment relationship with your clients. Under 45 CFR §160.103 you are a workforce member of that organization, and nothing about the handling of protected health information flows to you through these terms. If your organization has a separate written agreement with us and it conflicts with these terms, that agreement controls for anything it covers.

2. What Irvin is — and what it is not

Irvin analyses counseling session recordings and transcripts and returns structured feedback about clinical skills, to support the supervision relationship between a supervisor and a supervisee.

Irvin supports professional judgement. It does not replace it, and it must not be relied on as though it did.

• Irvin does not provide clinical, medical, diagnostic, or legal advice, and no practitioner–client relationship is formed with us by using it.
• Irvin is not a medical device and is not offered for diagnosis or treatment.
• Irvin’s output is generated by an AI system and can be wrong — it can miss what matters in a session and can characterise a moment incorrectly. Every rating, observation, and recommendation is a prompt for a supervisor’s judgement, never a substitute for it.
• Supervisory decisions remain the supervisor’s. Evaluation, remediation, gatekeeping, and any decision affecting a supervisee’s progression or a client’s care are yours to make and yours to defend.

2.1 Safety flags are not a monitoring or emergency service

Irvin may flag a session as high priority and email a supervisor about it. That is a convenience, not a safety net.

It is not real-time, it is not guaranteed to detect risk, it may flag sessions that present no risk, and it may miss sessions that do. Never rely on Irvin to identify a client at risk. If someone is in danger, follow your organization’s crisis procedures and contact emergency services. Your professional and ethical obligations for client safety are unchanged by using Irvin.

3. Eligibility

You must be at least 18 and using Irvin in a professional capacity — as a counselor, counselor-in-training, supervisor, counselor educator, or an administrator of such a program. You must comply with your own licensure, program, and ethical obligations while using it.

Irvin is offered in the United States. It is not directed to users elsewhere, and if you use it from outside the United States you are responsible for whether doing so is lawful where you are.

4. Your account

Keep your credentials confidential; you are responsible for activity under your account. Tell us promptly if you believe it has been compromised. Do not share an account — access to client content is audited per user, and a shared login makes that record meaningless.

Your organization’s administrator may create, suspend, or remove your account.

5. Protected health information — the hard rule

Do not upload client recordings, transcripts, or records unless your organization has an executed Business Associate Agreement with Irvin covering that content.

This is the one rule with consequences beyond your account. Uploading PHI before a BAA is in place is an impermissible disclosure by the Covered Entity, not merely a breach of these terms.

The same rule applies to any demonstration, trial, or preview environment we show you: unless we have told you in writing that it is covered by a BAA, it is not, and no client content belongs in it.

Where you may upload, upload only what your organization’s policies permit, and only the minimum necessary for supervision.

6. Acceptable use

Do not:

• Access, or try to access, records outside the supervision relationships assigned to you
• Upload content you are not authorised to disclose to us
• Use Irvin to make an automated decision about a person without a qualified professional’s review
• Present Irvin’s output as a clinical determination, or as your own independent assessment where that would mislead
• Reverse engineer, scrape, or probe the service, or interfere with its operation or security
• Use Irvin, or any part of it, to train, fine-tune, or evaluate a machine-learning model
• Resell or provide the service to anyone outside your organization
• Circumvent access controls, rate limits, or usage restrictions

7. Content and ownership

Your content stays yours. Client content belongs to your organization; we hold and process it as its Business Associate, under the BAA and our Privacy Policy. We do not use it to train AI models.

Irvin — the software, its interfaces, its analytical framework and its prompts — remains ours. These terms grant you a limited, non-exclusive, non-transferable right to use it while your access is active, and nothing more. Our non-public material, including anything we show you before release, is confidential and stays that way.

8. Availability and changes

We aim to keep Irvin available, but we do not guarantee uninterrupted service. We may change, suspend, or discontinue features. Where a change would materially reduce functionality your organization depends on, we will give reasonable notice to your organization.

Some features may be offered as previews and may change or be withdrawn.

9. Fees

Individual users pay nothing under these terms. Subscription, billing, and refund terms belong to your organization’s agreement with Irvin, because organizations rather than individual users are the paying customer.

10. Termination

You may stop using Irvin at any time. Your organization’s administrator may remove your access at any time, and we may suspend or terminate access if you breach these terms, if required by law, or if your organization’s agreement ends.

On termination, handling of client content follows the BAA with your organization, not these terms — including any obligation to return or destroy it, and any window in which your organization may retrieve it. Sections 2, 5, 7, 11, 12, and 13 survive.

11. Disclaimers

Except where the law does not permit it, Irvin is provided “as is” and “as available”, and we disclaim all implied warranties including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that Irvin’s analytical output is accurate, complete, or suitable for any particular supervisory or clinical decision — see section 2.

12. Limitation of liability

The limitation that applies to your organization is set in its agreement with us, and we are finalising the corresponding terms here with counsel rather than stating a cap we have not settled. Until that is published, nothing in these terms is intended to expand our liability beyond what the law requires, and nothing in them limits liability that cannot lawfully be limited.

13. Governing law and disputes

Irvin Technologies, LLC is formed in Missouri, and Missouri law is our working default. This is not yet a settled term: governing law, and whether disputes are resolved in court or by arbitration, are being decided once across these terms, the Business Associate Agreement, and organization agreements rather than separately in each. Your organization’s agreement may specify something different, and where it does, it controls.

14. Changes to these terms

We may update these terms. If a change is material we will notify account holders and update the effective date.

15. Contact

See also the Privacy Policy.