Terms of Service

Last updated: June 7, 2026

Terms of Service

These Terms of Service (“Terms”) are a binding agreement between Growing Higher LLC (“Growing Higher,” “we,” “us,” or “our”) and the person, provider, practice, clinic, company, organization, or other entity that creates, accesses, or uses an account for the Pebble platform (“Customer,” “you,” or “your”).

Pebble is the software platform operated by Growing Higher LLC. Growing Higher LLC is the legal party to these Terms.

If you create, access, or use an account on behalf of a practice, clinic, company, organization, or other entity, you represent that you have authority to bind that entity to these Terms. References to “you” and “Customer” include that entity and the individual accepting or using the Services on its behalf.

By creating an account, clicking an acceptance box, signing an order form, accessing the Services, or otherwise using the Services, you agree to these Terms. If you do not agree or do not have authority to agree, you may not use the Services.

1. Definitions

“Account” means Customer’s Pebble account and workspace.

“Account Owner” means the person designated as the owner or primary administrator of the Account.

“Authorized User” means Customer’s employees, contractors, providers, staff, agents, or other users whom Customer authorizes to access the Services.

“Customer Data” means data, content, documents, messages, files, images, notes, billing information, patient information, PHI, and other information submitted to, generated in, or processed through the Services by or on behalf of Customer or Customer’s patients.

“Patient” or “Client” means an individual whose information is maintained by Customer through the Services or who accesses a patient portal feature made available by Customer.

“PHI” means protected health information as defined under HIPAA.

“Services” means the Pebble websites, applications, software, platform, patient portal features, hosting, support, and related services provided by Growing Higher.

“Third-Party Services” means services, products, integrations, platforms, or websites provided by third parties and used with or through the Services.

2. Account Registration and Authority

Customer must provide accurate, current, and complete registration, billing, legal, and account information. Customer must keep that information current.

Customer is responsible for identifying its legal name, entity type, jurisdiction, notice address, authorized signer, and account administrator information. This information may be used to bind Customer to these Terms, the Business Associate Agreement, and other applicable terms.

Customer is responsible for all activity under its Account and for all acts and omissions of its Authorized Users.

Customer must ensure each Authorized User has separate login credentials. Credentials may not be shared.

Customer must promptly disable or remove access for any person who is no longer authorized, no longer employed or affiliated with Customer, no longer properly licensed or credentialed where applicable, or suspected of misusing the Services.

3. The Services

Pebble is a software platform for behavioral-health practice operations. The Services may include patient records, scheduling, clinical note workflows, documents, messaging, patient portal features, billing workflows, claims-related workflows, reporting, and related features.

Growing Higher may modify, improve, suspend, discontinue, or remove features from time to time. We will use reasonable efforts to provide notice of material changes when required by law, contract, or these Terms.

We may offer beta, pilot, preview, or experimental features. Beta features may be incomplete, may change, and may be discontinued at any time.

4. Customer Responsibilities

Customer is solely responsible for:

• clinical services, diagnosis, treatment, care decisions, and professional judgment;
• medical record content and documentation;
• patient notices, consents, authorizations, and disclosures;
• billing decisions, payer submissions, coding, claim accuracy, and financial policies;
• compliance with professional licensing, scope-of-practice, supervision, telehealth, prescribing, privacy, security, billing, tax, and state-law requirements;
• confirming that Authorized Users have appropriate licenses, credentials, permissions, and training;
• configuring roles, permissions, portal access, templates, documents, and workflows;
• responding to patient requests, complaints, and medical record requests unless otherwise agreed;
• maintaining secure devices, networks, credentials, and local workflows; and
• backing up or exporting Customer Data where needed for Customer’s own records.

The Services do not replace Customer’s professional judgment or legal compliance obligations.

5. No Medical, Legal, Billing, or Emergency Services

Growing Higher does not provide medical care, clinical advice, diagnosis, treatment, legal advice, billing advice, coding advice, payer advice, or compliance advice.

The Services are not emergency services. Customer must instruct patients to use appropriate emergency channels, such as calling 911, going to the nearest emergency department, or contacting local crisis resources, when emergency help is needed.

Customer is responsible for monitoring messages, portal communications, alerts, reminders, tasks, and patient submissions according to Customer’s own clinical and operational policies.

6. HIPAA and Business Associate Agreement

To the extent Growing Higher creates, receives, maintains, or transmits PHI for or on behalf of Customer and acts as a business associate under HIPAA, the Business Associate Agreement applies and is incorporated into these Terms.

Customer is responsible for determining whether Customer is a covered entity, business associate, Part 2 program, or otherwise subject to privacy or security laws. Customer must notify Growing Higher before using the Services for substance use disorder records subject to 42 CFR Part 2 or other specially protected information requiring restrictions not already supported by the Services.

Customer must not place PHI in any environment, field, feature, or channel that Growing Higher identifies as non-PHI, public, marketing, demo, staging, test, or unsupported for PHI.

7. Fees, Billing, and Payment

Customer will pay all fees described in the applicable order form, checkout page, subscription page, invoice, or pricing terms.

Unless otherwise stated, fees are due in advance and are non-refundable except where required by law or expressly stated in writing.

Customer authorizes Growing Higher and its payment processors to charge Customer’s selected payment method for fees, taxes, and other amounts due.

Customer is responsible for applicable taxes, duties, and governmental charges other than taxes based on Growing Higher’s net income.

If payment is late, declined, reversed, disputed, or otherwise not received, Growing Higher may suspend or terminate access to the Services after reasonable notice where practicable.

Growing Higher may change fees or introduce new fees by providing notice as described in these Terms or the applicable order form.

8. Customer Data

As between the parties, Customer retains ownership of Customer Data.

Customer grants Growing Higher a limited, non-exclusive, worldwide license to host, process, transmit, display, copy, back up, secure, analyze, and otherwise use Customer Data as needed to provide, maintain, secure, support, troubleshoot, and improve the Services, comply with law, enforce agreements, and fulfill Customer instructions.

Customer represents that it has all rights, consents, notices, permissions, and authority necessary to submit Customer Data to the Services and to authorize Growing Higher to process Customer Data as described in these Terms.

Customer is responsible for the accuracy, quality, legality, and appropriateness of Customer Data.

Growing Higher does not sell PHI. Growing Higher does not use PHI to train third-party or general-purpose artificial intelligence models unless Customer separately agrees in writing.

Growing Higher may use aggregated or de-identified information for analytics, operations, security, benchmarking, product improvement, and business purposes, provided the information does not identify Customer, patients, or other natural persons unless otherwise permitted by law and agreement.

9. Privacy

Growing Higher’s Privacy Policy describes how we collect, use, disclose, and protect information in connection with the Services.

Customer is responsible for its own privacy notices, including any HIPAA Notice of Privacy Practices required for Customer’s practice.

10. Security

Growing Higher uses administrative, technical, and physical safeguards designed to protect the Services and Customer Data.

Customer is responsible for maintaining secure credentials, devices, networks, access controls, local workflows, and account configurations.

Customer must promptly notify Growing Higher at security@pebblepm.com if Customer suspects unauthorized access, credential compromise, misdirected PHI, improper access, or other security concerns involving the Services.

11. Third-Party Services

The Services may include or interoperate with Third-Party Services, including hosting, authentication, storage, payment, billing, claims, communications, analytics, support, or other integrations.

Third-Party Services may be subject to separate terms and privacy policies. Growing Higher is not responsible for Third-Party Services except to the extent expressly stated in these Terms or required by law.

Customer is responsible for authorizing and configuring integrations and for ensuring Customer has the right to disclose information to or receive information from Third-Party Services.

12. Acceptable Use

Customer and Authorized Users may not:

• use the Services in violation of law or professional obligations;
• access or attempt to access data, accounts, systems, or networks without authorization;
• bypass, disable, or interfere with security or access controls;
• use another person’s credentials or share credentials;
• upload malware, malicious code, or unlawful content;
• interfere with or disrupt the Services;
• scrape, crawl, or bulk extract data except through approved export features;
• reverse engineer or attempt to derive source code except where prohibited by law;
• use the Services to harass, abuse, defame, threaten, or harm others;
• submit data Customer is not authorized to process;
• use the Services for emergency communications where immediate response is required; or
• use the Services to build, train, or improve a competing product without written permission.

13. Intellectual Property

Growing Higher and its licensors own the Services, software, technology, designs, workflows, templates provided by Growing Higher, documentation, trademarks, and related intellectual property.

Subject to these Terms, Growing Higher grants Customer a limited, non-exclusive, non-transferable, revocable right to access and use the Services during the term for Customer’s internal practice operations.

No rights are granted except as expressly stated in these Terms.

14. Feedback

If Customer or any user provides feedback, suggestions, ideas, or recommendations, Growing Higher may use them without restriction or compensation, provided Growing Higher does not disclose PHI or Customer Confidential Information except as permitted by agreement or law.

15. Confidentiality

Each party may receive non-public information from the other party that should reasonably be understood to be confidential. Each party will use reasonable care to protect the other’s confidential information and will use it only as permitted by these Terms or the applicable agreement.

Customer Data is protected as described in these Terms, the Privacy Policy, the Business Associate Agreement where applicable, and the Privacy and Security Addendum where applicable.

16. Suspension

Growing Higher may suspend access to the Services if:

• payment is overdue;
• Customer or an Authorized User violates these Terms;
• suspension is reasonably necessary to protect the Services, Customer Data, other customers, or third parties;
• Customer’s use creates security, legal, operational, or compliance risk;
• Customer uses the Services for unsupported or prohibited data; or
• suspension is required by law or a third-party provider.

Where practicable, Growing Higher will provide notice and a reasonable opportunity to resolve the issue.

17. Termination

These Terms begin when Customer accepts them or first uses the Services and continue until terminated.

Customer may cancel its Account according to the cancellation process made available by Growing Higher or the applicable order form.

Growing Higher may terminate these Terms or Customer’s access to the Services if Customer materially breaches these Terms and fails to cure within thirty days after notice, unless immediate termination is required by law or reasonably necessary to protect the Services, data, or others.

Upon termination, Customer’s right to access the Services ends. Customer is responsible for exporting Customer Data before termination where export is available and needed.

Sections that by their nature should survive termination will survive, including payment obligations, Customer Data processing needed for retention or deletion, confidentiality, intellectual property, disclaimers, limitations of liability, indemnity, dispute terms, and the Business Associate Agreement for retained PHI.

18. Data Export, Retention, and Deletion

Customer may export certain Customer Data using available export features. Customer is responsible for exporting Customer Data before cancellation or termination where needed.

After termination or cancellation, Growing Higher may retain Customer Data as needed for legal, contractual, security, backup, audit, dispute, tax, billing, or compliance purposes. Retained PHI remains subject to the Business Associate Agreement for as long as Growing Higher maintains it.

Backup deletion may occur on a delayed schedule according to backup retention cycles.

19. Disclaimers

The Services are provided “as is” and “as available” to the fullest extent permitted by law.

Growing Higher disclaims all warranties, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, error-free operation, and compliance with laws applicable to Customer.

Growing Higher does not guarantee that the Services will make Customer compliant with HIPAA or any other law. Customer is responsible for Customer’s own legal, clinical, professional, billing, and operational compliance.

20. Limitation of Liability

To the fullest extent permitted by law, Growing Higher and its owners, officers, directors, employees, contractors, agents, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages, or for loss of goodwill, business interruption, or lost data, even if advised of the possibility of such damages.

To the fullest extent permitted by law, Growing Higher’s total liability arising out of or relating to the Services or these Terms will not exceed the amounts Customer paid to Growing Higher for the Services in the three months before the event giving rise to the claim.

The limitations in this section apply regardless of the legal theory and even if a remedy fails of its essential purpose.

Some jurisdictions do not allow certain limitations, so some limitations may not apply.

21. Indemnification

Customer will defend, indemnify, and hold harmless Growing Higher and its owners, officers, directors, employees, contractors, agents, affiliates, licensors, and service providers from and against claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• Customer Data;
• Customer’s or Authorized Users’ use of the Services;
• Customer’s clinical, professional, billing, or business activities;
• Customer’s violation of law, professional obligations, or these Terms;
• Customer’s patient relationships, treatment, documentation, consents, notices, billing, claims, or communications;
• Customer’s failure to obtain rights, consents, authorizations, or permissions; or
• Customer’s negligence, willful misconduct, or fraud.

Growing Higher may control the defense of any indemnified claim, and Customer will reasonably cooperate.

22. Governing Law and Disputes

These Terms are governed by the laws of Texas, without regard to conflict-of-law rules, except to the extent preempted by federal law.

Venue for disputes will be in the state or federal courts located in Dallas County, Texas, unless the parties agree to arbitration or another dispute process in an order form or separate agreement.

23. Notices

Growing Higher may provide notices by email, in-product notice, posting through the Services, or other reasonable means.

Notices to Customer may be sent to the email address, mailing address, or account administrator contact maintained in Customer’s Account.

Legal notices to Growing Higher must be sent to:

Growing Higher LLC 5473 Blair Rd, Ste 100 Dallas, TX 75231 Email: support@pebblepm.com

Security notices should be sent to security@pebblepm.com.

24. Changes to These Terms

Growing Higher may update these Terms from time to time. If changes are material, Growing Higher will provide notice as required by law or contract. Continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms.

25. Assignment

Customer may not assign these Terms or transfer an Account without Growing Higher’s prior written consent, except as otherwise allowed in an applicable order form.

Growing Higher may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, financing, or similar transaction, or to an affiliate.

26. Miscellaneous

These Terms, together with the Business Associate Agreement, Privacy Policy, Privacy and Security Addendum, order forms, and any additional terms incorporated by reference, are the entire agreement between the parties regarding the Services.

If any provision is unenforceable, the remaining provisions remain in effect.

No waiver is effective unless in writing and signed by the waiving party.

The parties are independent contractors. These Terms do not create a partnership, agency, joint venture, employment, or fiduciary relationship.

There are no third-party beneficiaries except where these Terms expressly state otherwise.

27. Contact

Support: support@pebblepm.com

Security: security@pebblepm.com

Privacy: privacy@pebblepm.com