Effective date: 1/1/2026
Operated by: Bel Air Learning Center, Inc., doing business as Smoovi
Contact: support@smoovi.io
These Terms of Use govern your access to Smoovi’s app, website, and related services (“Smoovi”). By accepting these Terms, you agree to comply with them.
1. Accounts and organization access
You must be at least 18 years old to create an account. Provide accurate information, protect your login credentials, and promptly report suspected unauthorized access.
If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization. Otherwise, your acceptance applies to your individual use.
Your organization manages its workspace and user permissions. Access only information you are authorized to use. Each user must use their own account.
Organizations must invite users only for legitimate, authorized use of Smoovi and remove access when it is no longer appropriate.
2. Purpose and professional responsibility
Smoovi helps organizations plan, guide, and document classes and sessions through activities, lesson plans, timers, notes, media, and other available features.
You are responsible for selecting suitable activities, supervising participants, and adapting activities to their abilities and needs.
Smoovi does not provide medical advice or replace professional judgment, required clinical records, or emergency services. It does not guarantee educational or clinical outcomes, insurance reimbursement, or acceptance of reports by insurers.
3. Patient information and HIPAA
You must not enter, upload, store, or transmit protected health information (PHI) through Smoovi unless your organization has a signed Business Associate Agreement (BAA) with Smoovi and Smoovi has confirmed in writing that your workspace and the specific features you use are approved for PHI.
This restriction applies to folder names, session names, notes, goals, photos, videos, audio, attachments, messages, and other fields.
Using initials, nicknames, or patient codes does not necessarily make information de-identified. Recordings and contextual details may identify a patient. Until your organization is approved to use PHI, use generic content, fictional examples, or information that meets applicable legal de-identification requirements.
Approval of a workspace does not automatically authorize PHI in every feature. Do not submit PHI through unapproved AI features, integrations, public sharing areas, or ordinary support emails.
Your organization is responsible for its own legal obligations, including lawful collection and disclosure, staff authorization, access permissions, and required consents. Smoovi remains responsible for its own applicable legal and contractual obligations.
Accepting these Terms does not replace a BAA or constitute patient consent. An executed BAA controls over conflicting provisions of these Terms concerning PHI.
4. Participant information and recordings
Submit information about participants only when you have a lawful basis and all permissions required by applicable law and your organization’s policies, including parent or guardian permission where required.
Permission to record a participant for treatment or internal reference does not automatically authorize public, community, or promotional sharing.
Do not publish confidential participant information in community libraries, public feeds, public links, or other areas accessible to unauthorized people.
5. Your content
You retain your rights in content you submit to Smoovi.
You grant Smoovi a limited license to host, store, process, reproduce, and display your content as necessary to provide the service, subject to our Privacy Policy and any applicable BAA. This license does not authorize unrelated advertising, public disclosure, or AI model training using PHI.
You are responsible for having the rights and permissions needed to submit and share your content.
When you deliberately publish content to a community or shared area, you authorize Smoovi to make it available to the audience identified by that feature. Do not include confidential information or content you are not authorized to share.
6. Notes, reports, and sharing
Review notes, reports, and other outputs for accuracy before relying on them or sharing them with families, insurers, or other recipients.
Verify permissions and recipients before displaying, exporting, or sending information. When mirroring Smoovi to a television or shared display, ensure confidential information is not visible to unauthorized people.
Your organization is responsible for its recordkeeping and retention requirements. Unless separately agreed in writing, Smoovi is not your designated system of record.
7. Confidentiality and restricted access
“Smoovi Confidential Information” means nonpublic information disclosed through your use of Smoovi that is identified as confidential or should reasonably be understood to be confidential. Examples include unreleased features, private beta functionality, product roadmaps, technical documentation, security information, and private demonstrations.
You must use Smoovi Confidential Information only for your authorized evaluation or use of Smoovi. Protect it with reasonable care and disclose it only to authorized individuals who need it for that purpose and are bound by confidentiality obligations at least as protective as this section.
Without Smoovi’s prior written permission, you must not:
- Provide access to a third party for the purpose of competitive intelligence, copying Smoovi, or developing a competing product.
- Use access to Smoovi or Smoovi Confidential Information to reproduce its proprietary software, content, or nonpublic functionality.
- Publish confidential screenshots, recordings, documentation, or details of private beta features.
- Knowingly facilitate another person’s prohibited access or use.
These restrictions do not prevent ordinary staff training, confidential support requests, or authorized professional advisers from assisting your organization, provided they comply with the applicable confidentiality and access requirements.
Confidentiality obligations do not apply to information you can demonstrate became public without a breach, was lawfully known without a confidentiality obligation, was independently developed without using Smoovi Confidential Information, or was lawfully received from another source without a duty of confidentiality.
Disclosure required by law is permitted. Where legally allowed, provide advance notice to Smoovi and disclose only what is required. Nothing in this section prohibits legally protected reporting to government authorities.
Your organization must promptly revoke access when it becomes aware of misuse. Confidentiality obligations continue for three years after access ends; obligations concerning trade secrets continue for as long as the information qualifies as a trade secret under applicable law.
This section does not restrict your organization’s ownership or legitimate use of its own content.
8. Intellectual property and acceptable use
Smoovi and its licensors retain ownership of the software, branding, and supplied materials. Subject to these Terms, you receive a limited, nonexclusive, nontransferable right to use Smoovi for its intended purposes.
You must not:
- Use Smoovi unlawfully or infringe another person’s rights.
- Access another organization’s information without authorization.
- Share credentials or bypass security or access controls.
- Upload malicious software or disrupt the service.
- Submit unlawful, abusive, or exploitative content.
- Copy, resell, or redistribute Smoovi’s software or supplied content except as expressly permitted.
- Reverse engineer, decompile, or attempt to extract source code, except to the extent applicable law permits despite this restriction.
9. AI and third-party services
AI-generated content may contain errors or be unsuitable for a particular participant. Review it before use.
Do not enter PHI into AI tools or external integrations unless Smoovi has expressly approved the specific feature under your organization’s BAA.
Third-party services may have their own terms and privacy policies. Availability through Smoovi does not establish that a service is approved for confidential or patient information.
10. Privacy and security
Our Privacy Policy explains how we handle personal information.
Protect your credentials and devices. Promptly report suspected unauthorized access, misuse, or accidental sensitive uploads to support@smoovi.io.
Do not include PHI in the initial support email. Request instructions for an appropriate reporting channel.
Security incident responsibilities and notifications remain subject to applicable law and any BAA.
11. Beta features and subscriptions
Features identified as beta may contain errors, change, or be discontinued. Beta status does not reduce obligations imposed by law or an applicable BAA.
If you purchase a paid subscription, its price, billing frequency, renewal, cancellation, and applicable refund terms will be disclosed before purchase. Any separate subscription or order agreement also applies.
12. Suspension and termination
You may stop using Smoovi at any time. Contact your organization administrator or support@smoovi.io regarding account closure.
Smoovi may restrict or suspend access when reasonably necessary to address security risks, unlawful use, prohibited competitive access, or material violations of these Terms. Where feasible, we will provide notice and an opportunity to resolve the issue.
Data access, export, retention, and deletion are governed by the Privacy Policy, applicable agreements, and law. For PHI, the BAA controls. Suspension or termination does not authorize withholding PHI contrary to law.
Provisions that by their nature should continue after termination—including confidentiality, ownership, and applicable liability provisions—remain in effect.
13. Service availability and liability
To the extent permitted by law and subject to any separate written agreement, Smoovi is provided “as is” and “as available.” We do not guarantee uninterrupted operation, error-free content, or particular educational, clinical, or business outcomes.
Nothing in these Terms excludes liability, limits rights, or waives obligations that cannot lawfully be excluded, limited, or waived. Any separate written agreement, including a BAA, remains applicable.
14. Changes to these Terms
We may update these Terms as Smoovi evolves. We will identify the effective date and provide notice of material changes. Where required, we will ask you to accept the updated Terms.
Changes to these Terms do not amend a BAA except through the process specified in that agreement.
15. General provisions
These Terms, together with any applicable written service agreement, govern your use of Smoovi. A separate agreement signed by Smoovi controls where it expressly overrides these Terms; a BAA controls concerning PHI.
If a provision is found unenforceable, the remaining provisions remain in effect to the extent permitted by law. Failure to enforce a provision does not waive the right to enforce it later.
16. Contact us
For questions about these Terms:
Bel Air Learning Center, Inc.
support@smoovi.io