Legal Information
Client Service Agreement & Terms of Use
Please read these terms and conditions carefully before using our services. By accessing or using our platform, you agree to be bound by these terms.
Introduction and Acceptance of Agreement
1.1 This Client Service Agreement & Terms of Use (“Agreement”) constitutes a binding legal contract between you (“Client,” “you,” or “your”) and Therapist In Mind LLC (“Therapist In Mind,” “Platform,” “we,” “our,” or “us”).
1.2 By accessing, scheduling, submitting payment for, or participating in any services offered through the Platform, you acknowledge that you have read, understood, and agree to be bound by all terms of this Agreement.
Important: 1.3 If you do not agree to this Agreement, you may not access, schedule, or participate in services provided through the Platform.
Definitions
2.1 “Platform” refers to Therapist In Mind LLC and all associated websites, telehealth systems, scheduling systems, payment processors, communication tools, and digital technologies used to deliver services.
2.2 “Therapy Services” refers to licensed mental health counseling services offered to residents physically located in New York State at the time of the session and provided by a licensed mental health counselor.
2.3 “Coaching Services” refers to non-clinical, educational, skills-based, and guidance-oriented services that do not diagnose, treat, or assess mental health disorders and are available to clients located outside New York State.
2.4 “Couples Services” refers to therapy or coaching services involving two consenting adult partners engaged in a shared relationship.
2.5 “Client” refers to the individual or individuals receiving Therapy Services, Coaching Services, or Couples Services through the Platform.
2.6 “Session” refers to any scheduled telehealth meeting conducted through audio or video for which fees apply.
2.7 “Protected Health Information” or “PHI” has the meaning assigned under the Health Insurance Portability and Accountability Act (“HIPAA”).
2.8 “Payment Processor” refers to third-party vendors who facilitate financial transactions, including but not limited to credit card processors, digital wallets, and merchant platforms.
User Account
To access certain features of our Service, you may be required to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate
- Maintain the security of your password and identification
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use of your account
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Privacy Policy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using our Service, you agree to the collection and use of information in accordance with our Privacy Policy.
Confidentiality
All therapy sessions and communications are confidential, subject to legal and ethical exceptions. We maintain strict confidentiality standards in accordance with applicable healthcare privacy laws.
We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction.
Payment Terms
Payment for services must be made in accordance with the pricing and payment terms specified at the time of booking. We accept various payment methods, including credit cards, debit cards, and other payment options as specified.
- All fees are due at the time of service unless otherwise agreed
- Prices are subject to change with prior notice
- Refunds are subject to our cancellation policy
- We reserve the right to refuse service for non-payment
If payment is not received or is declined, we may suspend or terminate your access to our services.
Cancellation Policy
Appointments may be cancelled or rescheduled subject to the following terms:
24+ Hours Notice
Full refund or free rescheduling
Less than 24 Hours
50% refund or rescheduling fee applies
No Show
No refund, full charge applies
Emergency cancellations may be considered on a case-by-case basis. Please contact us as soon as possible if you need to cancel due to an emergency.
Intellectual Property
All content, materials, and intellectual property on our platform, including but not limited to text, graphics, logos, images, audio clips, and software, are the property of Therapist In A Pocket Mental Health or its content suppliers and are protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service without our prior written consent.
Limitation of Liability
To the fullest extent permitted by law, Therapist In A Pocket Mental Health shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our Service.
Medical Disclaimer: Our services are not a substitute for emergency medical care. If you are experiencing a medical emergency, please call emergency services immediately.
Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on this page and updating the "Last Updated" date.
Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Terms, do not use or access the Service.
It is your responsibility to review these Terms periodically for changes.
Contact Information
If you have any questions about these Terms and Conditions, please contact us:
Agreement to Terms
By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our Service.
Have Questions? Contact UsIntroduction and Acceptance of Agreement
1.1 This Client Service Agreement & Terms of Use ("Agreement") constitutes a binding legal contract between you ("Client," "you," or "your") and Therapist In Mind LLC ("Therapist In Mind," "Platform," "we," "our," or "us").
1.2 By accessing, scheduling, submitting payment for, or participating in any services offered through the Platform, you acknowledge that you have read, understood, and agree to be bound by all terms of this Agreement.
Important: 1.3 If you do not agree to this Agreement, you may not access, schedule, or participate in services provided through the Platform.
Definitions
2.1 "Platform" refers to Therapist In Mind LLC and all associated websites, telehealth systems, scheduling systems, payment processors, communication tools, and digital technologies used to deliver services.
2.2 "Therapy Services" refers to licensed mental health counseling services offered to residents physically located in New York State at the time of the session and provided by a licensed mental health counselor.
2.3 "Coaching Services" refers to non-clinical, educational, skills-based, and guidance-oriented services that do not diagnose, treat, or assess mental health disorders and are available to clients located outside New York State.
2.4 "Couples Services" refers to therapy or coaching services involving two consenting adult partners engaged in a shared relationship.
2.5 "Client" refers to the individual or individuals receiving Therapy Services, Coaching Services, or Couples Services through the Platform.
2.6 "Session" refers to any scheduled telehealth meeting conducted through audio or video for which fees apply.
2.7 "Protected Health Information" or "PHI" has the meaning assigned under the Health Insurance Portability and Accountability Act ("HIPAA").
2.8 "Payment Processor" refers to third-party vendors who facilitate financial transactions, including but not limited to credit card processors, digital wallets, and merchant platforms.
Eligibility for Services
3.1 Services offered through the Platform are available only to adults who are eighteen (18) years of age or older.
3.2 Therapy Services are available only to clients who are physically located within the State of New York at the time of the session.
3.3 Coaching Services are available to clients located outside the State of New York, subject to jurisdictional limitations.
3.4 The Platform may decline or terminate services if it determines, in its sole discretion, that the Client is not an appropriate candidate for telehealth, Therapy Services, Coaching Services, or Couples Services.
Scope of Services Provided
4.1 Therapy Services provided through the Platform are limited to telehealth mental health counseling delivered by a licensed mental health counselor. Therapy Services do not include in-person sessions, psychiatry, medication management, crisis intervention, emergency services, forensic evaluations, neuropsychological testing, custody recommendations, disability determinations, or workplace/academic accommodation documentation.
4.2 Coaching Services provided through the Platform are educational and skills-based and are not a substitute for mental health treatment, diagnosis, or medical advice. Coaching Services do not assess, diagnose, prevent, or treat mental health disorders or medical conditions.
4.3 Couples Services are limited to relational communication, relational insight, skills building, and emotional support for romantic partnerships. Couples Services do not include custody evaluations, forensic reports, parenting capacity assessments, or legal recommendations.
Coaching vs Therapy Disclosure and Scope Limitations
Distinction Between Therapy and Coaching Services
5.1 Therapy Services are clinical in nature and involve assessment, treatment planning, and intervention for mental health concerns within the licensed scope of practice of a mental health counselor under New York law. Therapy Services may involve diagnosis when clinically indicated and permitted by regulation.
5.2 Coaching Services are educational and advisory in nature and may include guidance, skills development, accountability, emotional insight, relational strategies, and personal growth tools. Coaching Services do not diagnose, treat, prevent, or assess mental health disorders or medical conditions.
5.3 Coaching Services are not Therapy Services and are not intended to replace Therapy Services. Clients located outside the State of New York who seek assistance with mental health symptoms, diagnostic clarification, or clinical needs will be advised to seek Therapy Services with a licensed professional in their jurisdiction.
5.4 Clients acknowledge and agree that Coaching Services are not a substitute for therapy, counseling, psychotherapy, psychiatry, medical treatment, or emergency services.
Non-Substitution for Medical or Psychiatric Services
6.1 Neither Therapy Services nor Coaching Services include medical evaluation, psychiatric evaluation, prescription medication, medication management, or medical clearance of any kind.
6.2 Clients seeking evaluation for medication, medical clearance, or psychiatric management will be referred to appropriate healthcare providers.
6.3 The Platform does not provide diagnoses for medical disability determinations, academic accommodations, workplace accommodations, employment fitness, or legal fitness determinations.
Exclusions and Non-Clinical Limitations
7.1 The Platform does not provide crisis stabilization services, involuntary holds, emergency response, or rapid intervention for suicidal or homicidal ideation.
7.2 The Platform does not provide forensic, legal, or administrative evaluations, including but not limited to child custody assessments, parenting capacity assessments, competency evaluations, immigration evaluations, fitness-for-duty evaluations, or disability determinations.
7.3 The Platform does not provide documentation for legal proceedings, litigation support, or evidentiary testimony, and does not participate in legal disputes, custody disputes, workplace disputes, or administrative hearings.
Client Responsibility for Use of Services
8.1 Clients are responsible for ensuring that the services they select are appropriate for their goals, needs, and circumstances.
8.2 Clients acknowledge that the Platform does not guarantee improvement of symptoms, relationship outcomes, coaching results, reconciliation of romantic partnerships, avoidance of separation or divorce, or any specific therapeutic or personal outcome.
8.3 Clients further acknowledge that results may vary and depend on personal effort, context, behavior, relational dynamics, and variables outside the control of the Platform or the provider.
Telehealth Consent, Technology Terms, No Recording Policy
Telehealth Services and Modality of Delivery
9.1 All Therapy Services, Coaching Services, and Couples Services provided through the Platform are delivered exclusively via telehealth using audio and/or video communication technologies.
9.2 Telehealth Services may involve the electronic transmission of personal information, clinical information, and Protected Health Information ("PHI") across electronic networks.
9.3 Clients acknowledge that telehealth may involve limitations distinct from in-person services, including reduced access to nonverbal cues, environmental context, and crisis response resources.
Technology Requirements and Client Responsibilities
10.1 Clients are responsible for securing a private, quiet, and safe environment for telehealth sessions.
10.2 Clients are responsible for maintaining hardware, software, network access, and internet bandwidth sufficient to support audio and/or video communication.
10.3 Clients are solely responsible for ensuring that their environment does not expose confidential information to third parties, and the Platform shall not be liable for breaches arising from the Client's environment, devices, or networks.
Risks and Limitations of Telehealth
11.1 Clients acknowledge that telehealth carries inherent risks, including but not limited to interruptions, delays, technical failures, data transmission issues, and the potential unauthorized access to electronic information.
11.2 The Platform does not guarantee uninterrupted connectivity or error-free communication during telehealth sessions.
11.3 Technology failures do not constitute grounds for refunds, chargebacks, or financial disputes. If a session is materially interrupted, the provider may in their discretion elect to reschedule or continue the session, without obligation to do so.
Geographic and Jurisdictional Restrictions for Therapy Services
12.1 Therapy Services are available only to Clients who are physically located in the State of New York at the time of the session.
12.2 Clients are solely responsible for accurately and truthfully reporting their physical location at the time of scheduling and at the time of the session.
12.3 Misrepresentation of physical location constitutes a material breach of this Agreement and may result in immediate termination of services without refund.
Client Location Attestation
13.1 At the time of each Therapy Services session, Clients may be required to attest verbally or through the Platform to their physical location within the State of New York.
13.2 The Platform may refuse or terminate Therapy Services if it cannot verify the Client's location in accordance with applicable regulatory requirements.
No Recording of Sessions
14.1 The Platform does not record or retain audio, video, or chat transcripts of sessions.
14.2 Clients agree that they shall not record, reproduce, capture, screenshot, distribute, or publish any portion of a session without the prior written consent of all participating parties.
14.3 Clients acknowledge that unauthorized recording may violate privacy laws and may expose the Client to civil and/or criminal liability.
Client Consent to Telehealth
15.1 By accessing or participating in telehealth services through the Platform, Clients consent to telehealth as a modality of service delivery and acknowledge that they have been informed of:
- 15.1.1 the nature of telehealth;
- 15.1.2 its potential benefits and limitations;
- 15.1.3 alternative methods of care; and
- 15.1.4 their right to withdraw consent at any time with respect to future sessions.
15.2 Withdrawal of telehealth consent does not entitle Clients to refunds for past services or cancellation fees.
Emergency & Crisis Disclaimer, Stop Redirects, Risk Statements
Emergency Notice: The Platform does not provide emergency services. In case of emergency, call 911 or go to the nearest emergency room.
Not for Emergencies or Crisis Intervention
16.1 The Platform does not provide emergency services, crisis intervention, or acute psychiatric stabilization.
16.2 Clients experiencing suicidal ideation, homicidal ideation, intent to harm self or others, or any medical or psychiatric emergency must immediately contact local emergency services or dial 911 (United States) or seek immediate assistance from an emergency department or crisis response service.
16.3 The Platform does not monitor ongoing risk, provide after-hours crisis response, or maintain on-call emergency availability.
Suicide and Self-Harm Risk
17.1 Clients exhibiting active suicidal intent, homicidal intent, or risk of imminent harm are not appropriate for the Platform and will be referred to higher levels of care.
17.2 The Platform may terminate services at its discretion if it determines that a Client requires emergency or crisis-oriented care beyond the scope of telehealth services offered.
17.3 Termination or referral due to risk does not constitute grounds for refund, rescheduling, or financial dispute.
Crisis Redirect and Immediate Action Notice
18.1 If a Client indicates during scheduling, intake, or session that they are experiencing an emergency or crisis, the Client will be advised to contact a local emergency department, crisis center, or dial 988 (United States Suicide & Crisis Lifeline).
18.2 Clients outside the United States must contact their local emergency line or crisis resource.
18.3 Clients acknowledge that telehealth is not appropriate for acute crisis intervention and must utilize emergency resources when indicated.
No Duty to Rescue or Duty to Notify
19.1 The Platform does not assume a duty to rescue, duty to warn third parties, duty to monitor Client safety outside of sessions, or duty to provide emergency follow-up care.
19.2 Nothing in this Agreement shall be construed as establishing a continuous care obligation, crisis monitoring obligation, or emergency response obligation.
Clinical and Legal Limitations of Telehealth Risk Management
20.1 Clients acknowledge that telehealth limits the Provider's ability to assess environmental safety, access local emergency resources, or respond to deterioration in mental health status in real time.
20.2 Clients are responsible for maintaining an emergency plan and for identifying local resources capable of responding to crisis situations.
No Guarantee of Risk Mitigation
21.1 The Platform makes no warranties or guarantees regarding risk mitigation, prevention of harm, or avoidance of adverse clinical outcomes.
21.2 Clients remain fully responsible for seeking timely emergency services when experiencing acute distress, crisis symptoms, or imminent risk of harm.
Privacy Policy
Privacy Policy and Data Practices
22.1 The Platform collects, uses, stores, and processes personal information and, where applicable, Protected Health Information ("PHI") for the purpose of delivering Therapy Services and Coaching Services.
Categories of Information Collected
23.1 Information collected through the Platform may include, but is not limited to:
- 23.1.1 personal identifiers (e.g., name, phone number, email address);
- 23.1.2 demographic information;
- 23.1.3 clinical information (for Therapy Services);
- 23.1.4 relational information (for Couples Services);
- 23.1.5 payment and billing information;
- 23.1.6 video, audio, and communication data transmitted in real time during telehealth sessions;
- 23.1.7 usage and device information; and
- 23.1.8 scheduling and attendance data.
How Information Is Used
24.1 Information collected by the Platform is used for the following purposes:
- 24.1.1 scheduling and delivering telehealth services;
- 24.1.2 processing payments and maintaining billing records;
- 24.1.3 maintaining treatment documentation for Therapy Services;
- 24.1.4 facilitating Coaching Services;
- 24.1.5 compliance with legal and regulatory obligations;
- 24.1.6 quality assurance; and
- 24.1.7 internal administrative and operational purposes.
Third-Party Service Providers
25.1 The Platform may utilize third-party vendors to support operations, including payment processors, telehealth platforms, scheduling systems, cloud hosting services, communication tools, and analytics providers.
25.2 Clients acknowledge that such vendors may receive or process personal information in order to provide services to the Platform and that such processing does not constitute unauthorized disclosure.
25.3 The Platform is not responsible for the security practices, privacy policies, or operational practices of third-party vendors beyond contractual obligations and reasonable selection standards.
Payment Information and Financial Data
26.1 Payment information is processed by third-party payment processors and is not stored by the Platform.
26.2 Clients acknowledge that payment processors may store payment credentials for the purpose of processing fees, including recurring or future charges.
26.3 Chargebacks, reversals, or disputed payments may result in the disclosure of information to the payment processor or financial institution for dispute resolution.
Data Retention and Recordkeeping
27.1 PHI and clinical documentation associated with Therapy Services may be retained in accordance with professional, regulatory, and legal requirements applicable to licensed mental health professionals.
27.2 Coaching records may be retained for administrative and operational purposes and are not considered clinical records.
27.3 Record retention periods may vary based on jurisdictional or professional requirements.
Data Security Measures
28.1 The Platform implements reasonable administrative, technical, and physical safeguards to protect personal information and PHI from unauthorized access, disclosure, alteration, or destruction.
28.2 Clients acknowledge that no method of electronic communication, storage, or transmission is fully secure and that the Platform cannot guarantee absolute security of electronic data.
Cybersecurity and Breach Liability
29.1 Clients agree that the Platform, its therapists, coaches, employees, contractors, affiliates, and associated parties shall not be liable for unauthorized access, cyberattacks, hacking, data breaches, denial-of-service attacks, ransomware incidents, payment processor breaches, or security incidents involving third-party vendors so long as the Platform has implemented reasonable safeguards consistent with telehealth industry standards.
29.2 In the event of a breach involving PHI, the Platform will provide breach notifications consistent with applicable law.
29.3 Clients acknowledge that breaches arising from their own devices, networks, accounts, email providers, cloud storage, or personal environment are not the responsibility of the Platform.
Cookies, Analytics, and Tracking Technologies
30.1 The Platform may use cookies, analytics tools, and tracking technologies to improve website performance, user experience, and security.
30.2 Clients may manage cookie preferences through browser settings; however, disabling certain cookies may impair functionality.
International and Out-of-Jurisdiction Users
31.1 The Platform is operated within the United States and does not represent that it complies with privacy regulations outside the United States, including but not limited to the General Data Protection Regulation ("GDPR").
31.2 Clients located outside the United States acknowledge and agree that their information may be processed and stored within the United States and are solely responsible for ensuring that their participation complies with local laws.
Client Access to Information
32.1 Clients may request access to certain records or information in accordance with applicable law.
32.2 Requests for records are subject to verification, provider discretion, and documentation or administrative fees where permitted by law.
Consent to Electronic Communications
33.1 Clients consent to receive communications electronically, including scheduling, payment confirmations, service updates, policies, and legal notices.
Notice of Privacy Practices (HIPAA Notice)
HIPAA Notice
34. This Notice of Privacy Practices describes how Protected Health Information ("PHI") may be used and disclosed during the provision of Therapy Services and how Clients may access their information as required under the Health Insurance Portability and Accountability Act ("HIPAA") and applicable state law.
Definition of PHI
35. PHI refers to individually identifiable health information that relates to a Client's past, present, or future physical or mental health condition, treatment, or payment for health care services.
Permitted Uses and Disclosures of PHI
36. PHI may be used or disclosed for the following purposes without written authorization:
- 36.1 Treatment: to coordinate, manage, or provide therapy or related services.
- 36.2 Payment: to bill for Therapy Services or process health insurance claims when applicable.
- 36.3 Health Care Operations: for administrative, clinical oversight, supervision, quality assurance, auditing, and compliance.
Other Uses Permitted Without Authorization
37. PHI may be disclosed without authorization when required by law, including:
- 37.1 reporting abuse, neglect, or exploitation as mandated by law;
- 37.2 preventing or reducing a serious and foreseeable threat to health or safety;
- 37.3 responding to court orders, subpoenas, investigations, or legal proceedings;
- 37.4 public health reporting;
- 37.5 law enforcement disclosures permitted by law;
- 37.6 national security or government functions; and
- 37.7 health oversight activities.
Uses Requiring Written Authorization
38. PHI will not be used or disclosed for marketing, sale, or purposes unrelated to treatment, payment, or operations without written authorization. Clients may revoke authorization in writing except where action has already been taken.
Client Rights Regarding PHI
39. Clients receiving Therapy Services have the right to:
- 39.1 request access to PHI;
- 39.2 request limitations on disclosures;
- 39.3 request corrections or amendments to PHI;
- 39.4 request confidential communications;
- 39.5 receive an accounting of disclosures as required by law; and
- 39.6 receive a paper or electronic copy of this Notice.
Requests may be denied in cases permitted by law. Denials may be subject to appeal as applicable.
Record Amendment Requests
40. Clients may request corrections to PHI they believe is inaccurate or incomplete. Requests must be in writing and may be denied if the information was not created by the Platform, is already accurate, or constitutes professional judgment or opinion.
Confidential Communications
41. Clients may request alternative communication methods or delivery locations for PHI. Reasonable requests will be accommodated when possible and permitted by law.
Right to Restrict Disclosure
42. Clients may request restrictions on the use or disclosure of PHI; however, the Platform is not obligated to agree to all requested restrictions, except where required by law.
Breach Notification
43. In the event of a breach involving unsecured PHI, Clients will receive timely notifications consistent with federal and state breach notification requirements. Breach notifications will include the nature of the breach, information involved, mitigation actions, and instructions for identity protection where applicable.
Data Storage and Electronic Transmission
44. PHI may be stored or transmitted electronically through secure platforms. Reasonable safeguards are used to reduce unauthorized access; however, the Platform does not guarantee absolute security and is not liable for breaches caused by third-party platforms, payment processors, communication systems, or user devices.
Retention of Clinical Records
45. Clinical records are retained in accordance with state regulatory and professional requirements applicable to licensed mental health providers. Retention periods may vary based on jurisdictional mandates and are not guaranteed beyond legally required timelines.
Complaints
46. Clients may file complaints about HIPAA-related violations to the Platform's Privacy Officer or directly with the U.S. Department of Health and Human Services without retaliation. Complaint procedures will be provided upon request.
No Rights for Coaching Services
47. This Notice applies exclusively to Therapy Services delivered by licensed clinicians and does not apply to Coaching Services, which are not clinical and do not involve PHI under HIPAA.
Effective Date of Notice
48. The effective date of this Notice is the date on which the Client creates an account, schedules an appointment, submits payment, signs this Agreement, or otherwise agrees to the Terms through continued use of the Platform.
Acknowledgment of Receipt
49. Clients receiving Therapy Services acknowledge receipt of this Notice through electronic acceptance at the time of onboarding, payment, scheduling, or participation in Therapy Services.
Medical, Diagnostic & Emergency Disclaimers
Medical Disclaimer: The Platform does not provide medical or psychiatric services. In case of emergency, call 911.
No Medical or Diagnostic Services
50. The Platform does not provide medical evaluation, medical diagnosis, or medical treatment. Therapists, coaches, and individuals associated with the Platform do not diagnose medical conditions, prescribe medication, recommend medication changes, or provide medical interventions. Participation in Therapy or Coaching Services is not a substitute for medical care or medical supervision.
No Psychiatric or Crisis Intervention
51. The Platform does not provide psychiatric care, emergency mental health services, crisis intervention, hospitalization, or suicide prevention services. Clients who are experiencing or believe they may be experiencing an emergency or life-threatening crisis must contact local emergency services, call 911, or immediately present to the nearest emergency department.
No Emergency Availability
52. The Platform does not provide 24-hour clinical monitoring, on-call emergency services, or urgent care support. Communications sent through the Platform, including email, voicemail, messaging, scheduling systems, or intake forms, are not continuously monitored and must not be used for emergencies, safety-related events, or urgent response needs.
Client Responsibility for Crisis Safety
53. Clients are solely responsible for seeking immediate emergency assistance during crisis situations. The Platform disclaims liability for any failure by a Client to seek emergency care, including delays in seeking crisis intervention, emergency services, hospitalization, or other critical support.
Coaching Not a Medical or Therapeutic Substitute
54. Coaching Services are not clinical, are not regulated by state licensing boards, and do not constitute therapy, mental health treatment, diagnosis, or healthcare. Clients participating in Coaching Services are responsible for seeking separate medical or psychiatric care when clinically indicated or recommended by a licensed professional.
No Guarantees of Outcome
55. No Therapist, Coach, or individual associated with the Platform guarantees specific clinical, emotional, relational, financial, academic, behavioral, or personal outcomes. Results vary based on individual circumstances, commitment, suitability, and external factors beyond the Platform's control.
Recommendations are Non-Medical
56. Recommendations, insights, strategies, or techniques provided during Therapy or Coaching Services are not medical advice and should not be interpreted as such. Clients must consult a physician or qualified medical provider for medical questions, medication management, or medical decision-making.
No Duty to Warn or Protect Beyond Legal Requirements
57. The Platform adheres to mandatory reporting and duty-to-warn obligations as required by state law for licensed clinicians providing Therapy Services. No duty to warn, duty to protect, or mandatory reporting obligations apply to Coaching Services. The Platform is not responsible for any harm, danger, or events arising from failure to seek emergency assistance.
Suicide and Self-Harm
58. Clients experiencing suicidal thoughts, urges, self-harm behaviors, or homicidal ideation must immediately contact 911, a crisis hotline, or present to an emergency medical facility. The Platform is not a suicide prevention service and cannot guarantee emergency response.
Crisis Hotlines and Resources
59. Clients may use crisis resources such as the following:
- National Suicide & Crisis Lifeline: 988 (United States)
- Emergency Services: 911 (United States)
- Local Emergency Departments
- International crisis resources (availability varies by country)
The Platform is not affiliated with crisis hotlines, does not monitor hotline communications, and assumes no responsibility for actions taken or not taken by external crisis resources.
Limitations of Communication Channels
60. Messages transmitted through telehealth portals, scheduling software, or email may experience delays, security limitations, or technological interruptions. These communication channels are not appropriate for crisis, safety-related disclosures, or urgent medical matters.
Client Acknowledgment
61. Clients acknowledge that they understand the limitations described in this Block and agree not to rely on the Platform for emergencies, medical diagnosis, psychiatric care, or crisis intervention.
Insurance, Payment & Billing Terms
Private Pay Structure
62. The Platform offers Therapy and Coaching Services on a private pay basis for Same-Day, Next-Day, and Standard Scheduling appointments. Clients agree to pay all applicable fees at the time of booking. Fees are required to secure an appointment and are not contingent on attendance, participation, or duration of the session.
Insurance for Standard Therapy Appointments
63. Certain Therapy Services may be eligible for insurance coverage when scheduled as Standard Scheduling appointments and when provided to Clients physically located within New York State. Eligibility depends on the Client's insurance carrier, plan type, benefits, and clinical necessity. Coaching Services are not eligible for insurance reimbursement under any circumstances.
Insurance Limitations
64. Insurance coverage is not available for:
- (a) Same-Day appointments
- (b) Next-Day appointments
- (c) Coaching Services
- (d) Out-of-state Clients
- (e) Clients utilizing private pay options
- (f) Clients failing to meet eligibility requirements or failing to verify coverage
The Platform does not guarantee coverage, reimbursement, or out-of-network payment.
Client Responsibility for Verification
65. Clients are solely responsible for verifying their insurance benefits, deductibles, copayments, coinsurance, and out-of-pocket costs prior to scheduling. The Platform may assist in eligibility verification as a courtesy, but does not assume responsibility for accuracy or completeness of insurance benefit determinations.
Non-Reimbursable Services
66. Services such as Coaching, Same-Day appointments, Next-Day appointments, documentation requests, letters, forms, evaluations, or any non-therapeutic services are classified as non-reimbursable and must be paid out-of-pocket.
No Refund Policy
67. All payments for Same-Day, Next-Day, and Standard Scheduling appointments are final and non-refundable. No refunds will be issued based on no-shows, cancellations, early termination of sessions, dissatisfaction, insurance denials, changes in eligibility, or decisions not to use purchased services.
No Reschedule Policy for Same-Day and Next-Day Services
68. Same-Day and Next-Day appointments cannot be rescheduled, transferred, or postponed after booking. Standard Scheduling appointments may be rescheduled in accordance with the cancellation policy disclosed by the Therapist.
No Chargebacks or Payment Reversals
69. Clients agree not to initiate credit card chargebacks, bank reversals, payment disputes, or third-party payment challenges for any completed or scheduled services. Any attempt to dispute payment for completed or booked services constitutes a breach of this Agreement.
Chargeback Recovery
70. If a Client initiates a chargeback or payment dispute, the Platform reserves the right to:
- (a) pursue the collection of the disputed amount
- (b) assess administrative recovery fees
- (c) suspend access to services
- (d) pursue legal remedies for breach of contract and contractual damages
Fee Schedule Application
71. Fees apply per scheduled session regardless of:
- (a) session duration
- (b) early termination by the Client
- (c) Client decision to end a session before the allotted time
A session lasting five minutes or forty-five minutes is billed at the same rate.
Fee Changes
72. Fees are subject to change at any time without prior notice. Updated fee schedules apply to future appointments booked after the effective date of fee changes. Continued use of the Platform constitutes acceptance of any updated fee terms.
Payment Authorization
73. Clients authorize the Platform to store and charge payment methods provided through secure third-party payment gateways. Clients consent to such charges for all scheduled services, administrative fees, documentation fees, and missed session fees where applicable.
No Retroactive Billing Adjustments
74. Payments already collected will not be retroactively adjusted based on changes in insurance, financial circumstances, or personal preference.
Documentation Fees
75. Administrative tasks such as letters, forms, workplace accommodations, school accommodations, progress summaries, disability documentation, legal documentation, or other written materials may incur additional private fees not covered by insurance. Documentation fees are non-refundable and must be paid prior to completion.
Billing Disputes
76. Any billing inquiries must be submitted in writing within thirty (30) days of the charge. Failure to provide a timely written notice constitutes a waiver of the dispute.
Client Responsibility for Balances
77. Clients remain responsible for all outstanding balances, including amounts unpaid due to insurance denials, partial coverage, eligibility issues, deductible application, coordination-of-benefits issues, or policy exclusions.
Collections Authorization
78. Unpaid balances may be referred to collections. Clients agree to pay any associated collection costs, including administrative fees and reasonable attorneys' fees incurred in attempting to recover unpaid balances.
Technology, Telehealth & Platform Use Risk Disclosures
Telehealth Delivery
79. Services are delivered via secure telehealth platforms using video and/or audio communication. Clients understand that telehealth requires stable internet, functioning devices, and a private environment. The Platform does not guarantee uninterrupted access to telecommunication tools.
Client Technology Requirements
80. Clients are responsible for:
- (a) maintaining necessary computer, mobile device, internet access, and communication tools
- (b) ensuring privacy in their environment
- (c) securing their own devices against unauthorized access
- (d) confirming device compatibility with telehealth software
- (e) testing audio and video functionality before scheduled sessions
Connectivity Interruptions
81. Technology failures may interrupt sessions. In the event of connectivity issues:
- (a) the Provider may attempt reconnection
- (b) the session may continue by audio only
- (c) the Provider may contact the Client by phone to assess risk
- (d) the session may be terminated for safety or technical reasons
Connectivity interruptions do not constitute grounds for refund, chargeback, or cancellation of session fees.
Third-Party Platforms and Integrations
82. The Platform may integrate with third-party tools for video conferencing, scheduling, payment processing, electronic forms, and communication. The Platform does not control third-party systems and is not responsible for their performance, availability, security, or privacy practices.
No Guarantee of Error-Free Operation
83. The Platform does not guarantee that its website, communication tools, or telehealth services will be free from disruptions, cyber incidents, latency, outages, or errors. Clients agree that occasional disruptions are inherent to internet-based services.
Cybersecurity and Data Transmission Risks
84. Clients acknowledge that using internet-based communication involves risks including:
- (a) interception of data
- (b) unauthorized access
- (c) device compromise
- (d) network breaches
- (e) data theft
- (f) privacy exposure
The Platform implements commercially reasonable security measures but cannot eliminate cybersecurity risk associated with digital communication.
Data Storage and Transmission
85. Information may be transmitted or stored through electronic systems, cloud infrastructure, and encrypted networks. Clients consent to the use of such systems for communication, storage, scheduling, billing, and documentation.
Information Not Guaranteed Secure
86. Although the Platform utilizes secure systems consistent with industry standards, no system can guarantee absolute security. Clients accept that:
- (a) complete cybersecurity protection cannot be guaranteed
- (b) breach events may occur despite reasonable safeguards
- (c) risk exists even when encryption is used
- (d) Clients share responsibility for securing their technology
Unauthorized Access and Breach Events
87. In the event of unauthorized access, data breach, or cyber incident affecting third-party service providers, payment gateways, hosting platforms, or telecommunication tools, the Platform shall not be liable for resulting damages, losses, reimbursement claims, or financial disputes except where required by applicable law.
Payment Processor Responsibility
88. Payment data is processed by third-party PCI-compliant processors. The Platform does not store credit card numbers and shall not be liable for:
- (a) payment credential theft
- (b) processor breaches
- (c) bank fraud
- (d) charge disputes
- (e) unauthorized transactions
Clients agree to address payment processor issues directly with the processor or financial institution.
Client Responsibility for Local Security
89. Clients agree to secure their environment by:
- (a) preventing unauthorized persons from overhearing or observing telehealth sessions
- (b) disabling screen recording tools
- (c) ensuring private locations during sessions
- (d) securing personal devices with passwords or biometrics
Telehealth Clinical Limitations
90. Clients understand that telehealth may limit the Provider ability to:
- (a) assess nonverbal cues
- (b) monitor physical safety or environmental risk
- (c) intervene in emergencies
- (d) coordinate care in real-time
Clients are expected to disclose relevant safety concerns truthfully.
No Recording Without Consent
91. Clients may not record sessions (audio, video, or screenshots) without express written consent. Unauthorized recording constitutes a material breach and may result in termination of services.
Provider Recording Prohibition
92. The Platform and its Providers do not record sessions unless required by law or granted explicit written consent by the Client.
Transmission Outside Provider Control
93. The Platform is not responsible for content routed through networks outside Provider control, including publicly accessible networks or telecommunications infrastructure.
Geographic & Licensing Compliance
Licensure Restrictions for Therapy Services
94. Therapy Services are provided only by licensed mental health professionals authorized to practice within specific jurisdictions. For Therapy Services, the Client must be physically located within a jurisdiction in which the Provider is licensed at the time services are rendered. The Platform does not permit Therapy Services for Clients located outside authorized jurisdictions.
New York State Therapy Services
95. Therapy Services offered through the Platform are limited to Clients physically located within the State of New York at the time of each session. Therapy Services may not be provided to Clients located outside New York, including Clients traveling or temporarily residing outside the jurisdiction.
Coaching Services Nationwide
96. Coaching Services are available to Clients located in or outside the United States, subject to applicable international restrictions and prohibitions. Coaching Services are not clinical treatment, do not constitute mental health diagnosis or psychotherapy, and are not subject to licensure requirements.
Physical Presence Verification
97. Clients must truthfully disclose their physical location prior to and at the start of each session. Clients agree that failure to accurately disclose physical location constitutes a material breach of this Agreement and may result in the denial of services without refund.
Travel and Temporary Relocation
98. If a Client travels outside New York State, Therapy Services may not continue during travel unless legally permitted and expressly confirmed by the Provider. Coaching Services may continue during travel without geographic restriction.
Client Misrepresentation of Location
99. Clients assume full responsibility for legal and financial consequences arising from misrepresentation of their physical location. The Platform shall not be liable for statutory, regulatory, or professional violations arising from the Client's misrepresentation or omission regarding location.
International Clients and Restrictions
100. Coaching Services may be limited or unavailable to Clients located in jurisdictions that restrict telecommunication-based mental wellness services. The Platform reserves the right to refuse service where local regulations conflict with Platform offerings.
No Cross-State or Cross-Border Clinical Practice
101. The Platform does not engage in cross-state or cross-border clinical practice. Therapy Services will not be delivered in any location where the Provider lacks licensure or legal authority to practice.
Regulatory Compliance Acknowledgment
102. Clients acknowledge that the Platform must comply with:
- (a) state licensure laws
- (b) telehealth statutes
- (c) professional practice regulations
- (d) cross-border service rules
- (e) healthcare privacy laws
Jurisdictional Termination Rights
103. The Platform may suspend or terminate services without refund if it determines that:
- (a) the Client is located in an unauthorized jurisdiction
- (b) the Client has misrepresented the location
- (c) the Client has relocated without providing notice
- (d) applicable regulations restrict continued services
Governing Law for Compliance Issues
104. All regulatory compliance matters arising from Therapy Services shall be governed by the laws of the State of New York, without regard to conflict of law principles. Coaching Services shall be governed by applicable commercial law provisions.
Termination of Services & Provider Discretion
Right to Refuse or Terminate Services
105. The Platform and its Providers reserve the right to refuse, suspend, or terminate services at any time based on clinical, ethical, legal, safety, regulatory, or operational considerations. Refusal or termination of services does not constitute grounds for refund.
Clinical Appropriateness Standard
106. Providers may determine that a Client's needs exceed the scope of telehealth or coaching services offered. In such cases, the Provider may refer the Client to a higher or more appropriate level of care, including in-person treatment, crisis services, or specialized providers.
Termination for Safety or Risk
107. Services may be terminated without refund if:
- (a) the Client exhibits suicidal intent, homicidal intent, or imminent risk of harm
- (b) emergency intervention is required
- (c) crisis-level symptoms exceed telehealth scope
- (d) the Client requires acute care services
- (e) the Client becomes non-responsive during a session
- (f) the Provider determines telehealth is contraindicated
Termination for Non-Compliance
108. Services may be terminated for non-compliance with this Agreement, including but not limited to:
- (a) misrepresentation of physical location
- (b) refusal to follow safety instructions
- (c) disruptive or abusive behavior
- (d) failure to disclose relevant clinical history
- (e) unauthorized recording
- (f) violation of Platform policies
Termination for Non-Payment
109. Services may be suspended or terminated if payments are declined, reversed, disputed, or otherwise unresolved. Outstanding balances must be paid prior to continuation of services.
Termination for Misuse of Coaching or Therapy Services
110. Misuse includes but is not limited to:
- (a) using coaching in lieu of medically necessary therapy
- (b) seeking clinical diagnosis through coaching
- (c) requesting therapy for non-therapeutic purposes
- (d) attempting to bypass licensure restrictions
- (e) soliciting inappropriate documentation or certifications
Documentation Requests Not Guaranteed
111. Providers are not obligated to complete letters, forms, legal documentation, disability certifications, workplace accommodation requests, school documentation, character affidavits, or forensic reports. Declining to complete documentation does not constitute grounds for refund.
No Duty to Continue Care
112. Telehealth services do not establish a perpetual treatment relationship. Providers may discontinue care without obligation to provide long-term follow-up or continuity of treatment.
Provider Transition or Unavailability
113. If a Provider becomes unavailable due to illness, relocation, professional leave, or other reasons, the Platform may:
- (a) assign an alternative Provider (if clinically appropriate)
- (b) assist with referral options
- (c) discontinue services
Such events do not constitute grounds for refund, damages, or claims of loss.
Client-Initiated Termination
114. Clients may terminate participation at any time; however, no refunds shall be issued for unused sessions, booked appointments, or services already purchased.
No Guarantee of Reinstatement
115. Clients who discontinue services or whose services are terminated are not guaranteed reinstatement. Reinstatement decisions are made at the sole discretion of the Platform and Providers.
Record Retention After Termination
116. Termination does not alter legal or ethical obligations regarding record retention. Therapy records will be maintained in accordance with applicable state and federal requirements.
No Refunds for Termination
117. Termination—whether initiated by the Client, the Platform, or the Provider—does not entitle the Client to a refund, rescheduling, chargeback, or financial reimbursement of any kind.
Confidentiality, Record Keeping & Information Handling
Confidentiality Commitment
118. Therapy Services provided through the Platform are confidential and protected under federal and state confidentiality laws, including HIPAA and applicable New York State privacy regulations. Information disclosed in therapy sessions will not be released without Client authorization except as required or permitted by law.
Confidentiality of Coaching Services
119. Coaching Services are not subject to HIPAA and may not be governed by the same legal confidentiality protections that apply to Therapy Services. Coaching confidentiality is maintained ethically to the extent possible, but Clients acknowledge that legal protections differ between Therapy and Coaching.
Authorized Disclosures for Therapy Services
120. Information may be disclosed without Client authorization when required or permitted by law, including but not limited to:
- (a) mandatory reporting of child abuse or neglect
- (b) mandatory reporting of elder or vulnerable adult abuse
- (c) imminent risk of serious harm to self or others
- (d) court orders or lawful subpoenas
- (e) coordination of care with other healthcare providers when authorized
- (f) health insurance claims or payment processes as applicable
No Emergency Monitoring
121. The Platform does not provide continuous monitoring of Client safety or communication channels and assumes no duty to warn or duty to rescue beyond those required by law.
Client Responsibility for Environment Privacy
122. Clients are responsible for ensuring that their physical environment is private and that third parties do not overhear, observe, or intercept session content. The Platform shall not be liable for disclosures resulting from Client environment or device insecurity.
Electronic Communication Risks
123. Clients acknowledge that electronic communication may be subject to interception, unauthorized access, or unintended disclosure. Reasonable security measures are utilized, but absolute privacy cannot be guaranteed in digital environments.
Record Creation and Format
124. Depending on service type, the Provider may create session notes, clinical records, or administrative documentation. Records may be maintained in electronic health record systems, cloud-based systems, or secure digital storage consistent with professional standards.
Record Retention Periods
125. Records related to Therapy Services will be retained for the period required by New York State law and applicable federal regulations. Retention periods may vary depending on Client age, service type, and regulatory requirements. Coaching Services may not require retention or may be retained for shorter durations.
Record Release Requests
126. Clients may request copies of their records where applicable. Record requests may require written authorization and may be subject to administrative fees. The Platform may deny requests consistent with applicable law when record disclosure would pose a safety risk or violate third-party confidentiality.
Third-Party Access and Minors
127. Access to records for minors may be limited depending on parental rights, custody arrangements, or statutory exceptions. The Platform may deny parental access when permitted by law to protect the minor Client's privacy or safety.
Subpoenas, Court Orders, and Legal Proceedings
128. The Platform and its Providers may comply with subpoenas, warrants, or court orders to disclose records or testimony. Compliance may result in additional administrative, preparation, or testimony fees payable by the requesting party or Client.
No Forensic or Legal Evaluation Services
129. The Platform does not provide forensic evaluations, custody evaluations, disability assessments, expert testimony, or legal documentation unless explicitly agreed to in writing and accompanied by additional fees.
Disclosure for Payment and Operational Purposes
130. Information may be disclosed to payment processors, insurance carriers, billing vendors, or administrative service providers solely for billing, operational, or reimbursement functions.
Client Authorization for Release of Information
131. Except as permitted by law, records will not be released without valid written authorization specifying the information to be disclosed, the recipient, and the duration of the authorization.
Client Access to Records May Be Limited
132. Where legally permitted, access may be restricted to summaries or redacted versions of records when full disclosure would compromise safety, confidentiality of third parties, or clinical effectiveness.
Record Destruction
133. After required retention periods expire, records may be securely destroyed in accordance with applicable regulations. The Platform has no obligation to notify Clients prior to destruction.
Documentation Requests, Letters & Fees
Documentation Services Not Guaranteed
134. The Platform and its Providers are not obligated to complete letters, forms, assessments, evaluations, certifications, or documentation of any kind. Providers retain sole discretion to decline documentation requests without obligation to provide justification or refund.
Types of Documentation Not Automatically Provided
135. Documentation that may be declined includes but is not limited to:
- (a) workplace accommodations
- (b) school accommodations
- (c) disability or medical certifications
- (d) legal documentation
- (e) immigration-related documentation
- (f) court affidavits or testimony
- (g) character references
- (h) emotional support animal letters
- (i) forensic evaluations
- (j) insurance justifications
- (k) short-term disability claims
- (l) long-term disability claims
Clinical Requirements for Documentation
136. If documentation is requested, Providers may require:
- (a) adequate clinical history
- (b) sufficient session frequency for evaluation
- (c) standardized assessments or diagnostic confirmation
- (d) collateral verification when appropriate
Providers may deny documentation if clinical criteria are unmet.
Documentation Fees
137. Documentation services are subject to private fees payable upfront prior to preparation. Documentation fees are non-refundable and not covered by insurance. Fees may vary depending on complexity, length, time requirement, or urgency.
Turnaround Time for Documentation
138. Documentation requests require processing time determined by the Provider. Rush or expedited requests may incur additional fees. The Platform does not guarantee deadlines for external institutions such as employers, schools, insurers, or legal entities.
No Retroactive Documentation
139. Providers may decline to issue retroactive documentation for periods during which no treatment occurred or for which the Provider cannot clinically verify symptoms, impairment, or functional impact.
Refusal of Legal or Forensic Work
140. The Platform does not engage in forensic evaluations, custody evaluations, fit-for-duty evaluations, competency determinations, or expert witness testimony. Providers may decline involvement in litigation, including subpoenas or deposition requests.
Legal Testimony and Court Appearance Fees
141. If compelled to participate in deposition, testimony, or legal proceedings, additional fees will apply including preparation time, appearance time, travel time, and attorney consultation. Such fees are payable by the requesting party or Client regardless of case outcome.
No Guarantee of Institutional Acceptance
142. The Platform does not guarantee that external entities (employers, schools, insurers, government agencies, or courts) will accept documentation issued by Providers. Rejection of documentation does not constitute grounds for refund or chargeback.
No Disability Determination Services
143. The Platform and its Providers do not diagnose or certify disability status for legal, financial, employment, or governmental benefit purposes. Requests for such determinations may be declined.
Client Representations, Acknowledgments & Warranties
Truthfulness of Information
144. Clients represent and warrant that all information supplied to the Platform and to Providers is true, accurate, complete, and not misleading. Clients agree to update information promptly if circumstances change.
Non-Emergency Status Representation
145. Clients represent that they are not in an emergency or crisis at the time of scheduling or initiating services. Clients acknowledge that the Platform is not an emergency service and does not provide crisis intervention or emergency response.
Legal Capacity to Consent
146. Clients represent that they are legally competent to enter into this Agreement, are of the age of majority in their jurisdiction, or have proper legal authorization for treatment if a minor.
Voluntary Participation
147. Clients acknowledge that participation in Therapy or Coaching is voluntary and may be discontinued at any time. Discontinuation does not entitle the Client to a refund.
Clinical and Functional Fitness for Telehealth
148. Clients represent that they are able to participate in telehealth-based services, including possessing necessary sensory, cognitive, and communication capacity to engage in remote sessions without in-person assistance.
Responsibility for Personal Environment
149. Clients acknowledge that they are solely responsible for securing a private setting, ensuring third parties do not overhear sessions, and preventing unauthorized access to devices or accounts.
Responsibility for Technology Performance
150. Clients acknowledge that telehealth requires functioning internet access, devices, and software, and that the Platform is not responsible for interruptions caused by Client equipment, networks, or providers.
Awareness of Clinical Limitations
151. Clients acknowledge that telehealth may limit the Provider's ability to identify certain nonverbal cues, contextual information, environmental safety, and other factors that would be available in in-person settings.
Understanding of Coaching Limitations
152. Clients receiving Coaching acknowledge that Coaching:
- (a) is not Therapy
- (b) does not diagnose or treat mental disorders
- (c) is not a substitute for clinical care
- (d) is not reimbursable by insurance
- (e) may be refused or terminated if clinical needs arise
No Expectation of Medical Outcomes
153. Clients acknowledge that Providers do not guarantee improvement, symptom reduction, behavioral change, personal outcomes, or results of any kind.
No Medical or Legal Advice
154. Clients acknowledge that Providers do not provide medical advice, legal advice, financial advice, or professional services outside the scope of agreed-upon Therapy or Coaching.
Compliance With Laws and Conduct Requirements
155. Clients agree to comply with all applicable laws and agree not to use services for unlawful, defamatory, abusive, harassing, exploitative, fraudulent, or harmful purposes.
Prohibition on Third-Party Participation Without Consent
156. Clients agree not to include or allow third parties to participate in sessions without Provider consent. Unauthorized participation constitutes breach of this Agreement.
Use for Personal Purposes Only
157. Clients agree that services are for personal use and may not be used for commercial, research, investigative, surveillance, or institutional evaluation purposes.
Acknowledgment of No Guarantee of Provider Continuity
158. Clients acknowledge that Providers may become unavailable due to illness, leave, relocation, licensing limitations, or professional discretion. Continuity of Provider is not guaranteed.
Acknowledgment of Regulatory Restrictions
159. Clients acknowledge that Therapy may only be provided when the Client is located in an authorized jurisdiction and that misrepresentation of location is prohibited and constitutes material breach.
Indemnification of Platform and Providers
160. Clients agree to indemnify, defend, and hold harmless the Platform, Providers, employees, contractors, affiliates, and associated parties from claims arising out of Client misrepresentation, unlawful acts, breach of this Agreement, misuse of services, or failure to disclose material information.
Liability Disclaimers & Limitation of Damages
Important: This section limits the Platform's liability. Please read carefully.
General Limitation of Liability
161. To the fullest extent permitted by law, Therapist In Mind, its therapists, coaches, owners, employees, contractors, affiliates, agents, successors, assigns, and any individuals or entities associated with the Platform shall not be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or enhanced damages arising from or relating to the use of the Platform or participation in Therapy or Coaching Services.
No Liability for Telehealth Limitations
162. The Platform shall not be liable for damages arising from telehealth limitations including but not limited to delayed assessment, misinterpretation, limited observation of nonverbal cues, restricted crisis response capabilities, or inability to perform emergency intervention.
No Liability for Emergency or Crisis Events
163. The Platform does not provide emergency services and shall not be liable for emergency, crisis, or life-threatening events occurring before, during, or after use of services. Clients are solely responsible for seeking emergency help when needed.
No Liability for Technology Failures
164. The Platform shall not be liable for damages resulting from:
- (a) internet outages
- (b) connectivity failures
- (c) device malfunction
- (d) software errors
- (e) video or audio failure
- (f) power loss
- (g) technical interruptions
Such events do not entitle the Client to refund, credit, or financial reimbursement.
No Liability for Third-Party Platforms
165. The Platform integrates with third-party tools for telehealth, scheduling, payment, billing, communication, and documentation. The Platform assumes no liability for failures, breaches, outages, malfunctions, or misconduct by third-party providers.
No Liability for Data Breach or Cyber Events
166. To the fullest extent permitted by law, the Platform shall not be liable for unauthorized access, cyber-attacks, hacking, ransomware, interception, data theft, data exposure, or other cybersecurity incidents affecting:
- (a) payment data
- (b) personal information
- (c) Protected Health Information
- (d) communications
- (e) electronic records
- (f) telehealth technology
Clients acknowledge that no system can guarantee absolute security.
Payment Processor Limitation of Liability
167. Payment transactions are handled by third-party PCI-compliant processors. The Platform does not store credit card data and shall not be liable for fraud, unauthorized transactions, processor breaches, chargebacks, banking disputes, or identity theft.
No Liability for Insurance Determinations
168. The Platform shall not be liable for insurance denials, delays, benefit determinations, lack of coverage, eligibility issues, or policy limitations. Insurance disputes do not entitle the Client to refund, damages, or fee reversal.
No Liability for Institutional Acceptance
169. The Platform shall not be liable if schools, employers, government agencies, insurers, courts, or other institutions reject documentation issued by a Provider.
Cap on Damages
170. Where liability cannot be disclaimed, the total aggregate liability of the Platform for any claim shall not exceed the total amount paid by the Client to the Platform in the ninety (90) days preceding the event giving rise to the claim.
No Expectation Damages
171. Clients waive rights to recover expectation damages including but not limited to loss of profits, loss of earnings, loss of opportunities, or business interruption.
No Reliance Damages
172. Clients waive rights to recover reliance damages for decisions made based on suggestions, recommendations, comments, or information provided through Therapy or Coaching Services.
No Indirect or Consequential Damages
173. The Platform shall not be liable for indirect or consequential damages including but not limited to emotional distress, reputational harm, employment consequences, academic consequences, or relational consequences arising from participation in services.
No Medical or Legal Outcomes Guarantees
174. The Platform does not warrant improvement, treatment outcome, symptom change, diagnostic resolution, legal advantage, or benefit acquisition. Dissatisfaction with outcome does not constitute grounds for refund or liability.
Chargeback and Dispute Waiver
175. Clients agree not to pursue chargebacks, payment disputes, or financial reversals for services completed, appointments scheduled, documentation requested, or fees paid. Chargeback attempts constitute breach of this Agreement.
Release of Claims
176. By using the Platform, Clients release and discharge the Platform and associated parties from claims arising from participation in Therapy or Coaching Services except where liability cannot be legally waived.
Dispute Resolution, Mandatory Arbitration & Governing Law
Mandatory Arbitration Notice: This Agreement requires binding arbitration of disputes instead of court litigation.
Informal Resolution Requirement
177. Before initiating any legal action, arbitration, or dispute proceeding, the Client agrees to notify the Platform in writing and allow thirty (30) days for informal resolution. Failure to comply with this requirement constitutes waiver of claims to the fullest extent permitted by law.
Mandatory Binding Arbitration
178. To the fullest extent permitted by law, any dispute, controversy, or claim arising out of or relating to this Agreement, the Platform, or services provided shall be resolved through binding arbitration on an individual basis and not through litigation in a court of law.
Class Action Waiver
179. Clients agree that arbitration must be conducted solely on an individual basis. Class actions, class arbitrations, collective actions, representative actions, and consolidated actions are waived and prohibited.
Arbitration Procedures
180. Arbitration shall be administered by a recognized arbitration body pursuant to its applicable rules. The arbitrator shall possess authority to award monetary relief limited by the liability limitations in this Agreement. The arbitrator shall not possess authority to award punitive, exemplary, class-wide, or injunctive relief beyond the scope of this Agreement.
Arbitration Location and Format
181. Arbitration shall be held in New York State or conducted remotely through written submissions or telecommunication technology where permissible. Clients consent to remote arbitration formats to reduce burden and cost.
Attorney's Fees and Costs
182. Each party shall bear its own attorney's fees and costs except where fee-shifting is expressly required by applicable law. The arbitrator may award fees only where permitted by applicable statute.
Governing Law
183. This Agreement, the Platform, and all services provided shall be governed exclusively by the laws of the State of New York without regard to conflict of law principles.
Venue for Residual Claims
184. To the extent any claim is exempt from arbitration or deemed not arbitrable, such claim shall be adjudicated exclusively in state or federal courts located within New York State, and the parties consent to personal jurisdiction and venue therein.
Survival of Dispute Provisions
185. The dispute resolution and arbitration provisions survive termination of services, expiration of this Agreement, or discontinuation of the Platform.
Statute of Limitations
186. Any claim arising out of or relating to services provided must be initiated within one (1) year of the event giving rise to the claim. Claims brought after the statute of limitations expires are barred permanently.
Severability of Arbitration Provisions
187. If any portion of this arbitration provision is determined unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
Waiver of Jury Trial
188. Clients knowingly and voluntarily waive the right to a trial by jury for any dispute arising out of or related to this Agreement, the Platform, or services provided.
Miscellaneous Contract Terms
Entire Agreement (Integration Clause)
189. This Agreement constitutes the entire agreement between the Client and the Platform regarding the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, representations, or proposals, whether written or oral.
Severability
190. If any provision of this Agreement is found to be invalid, unlawful, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to become enforceable while preserving its original intent.
No Waiver
191. Failure by the Platform to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision. Any waiver must be made in writing and signed by an authorized representative of the Platform.
Assignment
192. Clients may not assign or transfer any rights or obligations under this Agreement. The Platform may assign its rights and obligations to affiliates, successors, or third parties without Client consent.
Force Majeure
193. The Platform shall not be liable for failure or delay in performance caused by events beyond reasonable control, including but not limited to natural disasters, pandemics, public health emergencies, war, terrorism, labor disputes, system failures, cyberattacks, utility failures, or changes in law.
Modification and Updates to Agreement
194. The Platform may modify or update this Agreement at any time. Updated terms are effective immediately upon posting. Continued use of the Platform after modifications constitutes acceptance of updated terms.
Notices
195. Notices to the Platform must be submitted in writing through designated communication channels. Notices to Clients may be sent electronically through the Platform, email, or other digital means.
Survival of Terms
196. All provisions relating to payment obligations, confidentiality, documentation, indemnification, limitation of liability, dispute resolution, arbitration, and governing law shall survive termination of services or expiration of this Agreement.
No Third-Party Beneficiaries
197. This Agreement does not create any third-party beneficiary rights. No third party shall have the right to enforce this Agreement or rely on its provisions.
Headings for Convenience Only
198. Section headings are for convenience and organization only and shall not affect interpretation of this Agreement.
Interpretation
199. This Agreement shall be interpreted as a whole in accordance with its plain meaning and without presumption against the drafter.
Electronic Signatures and Acceptances
200. Electronic signatures, checkboxes, typed names, digital acknowledgments, or continued use of the Platform constitute valid and binding acceptance of this Agreement to the fullest extent permitted by law.
Effective Date
201. This Agreement becomes effective on the date on which the Client creates an account, schedules an appointment, submits payment, signs this Agreement, or otherwise agrees to these Terms through continued use of the Platform.
Contact Information
If you have any questions about these Terms and Conditions, please contact us:
Agreement to Terms
By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our Service.
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