Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and MindShift Wellness Clinic ("MindShift+," "we," "our," or "us") governing your use of the MindShift+ web application, patient portal, telehealth services, and any related tools, features, or content (the "Service").

Separate Clinical Agreement: If you are receiving clinical mental health services from MindShift Wellness Clinic, you will also enter into a separate Treatment Agreement and receive a HIPAA Notice of Privacy Practices. These Terms govern your use of the digital platform; your Treatment Agreement governs the clinical services we provide.

We may update these Terms from time to time. We will notify you of material changes by email and by posting a notice on the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date of any update means you accept the revised Terms.

The Service

MindShift+ provides two distinct types of services:

1. Wellness App (Non-Clinical)

A digital wellness platform that provides guided breathing exercises, AI-assisted emotional coaching (Mia), mood tracking, journaling tools, and wellness programs. The wellness app is intended for general wellness and personal growth purposes and does not constitute medical or mental health treatment.

2. Patient Portal & Telehealth Services (Clinical)

A secure patient portal and telehealth platform for patients receiving clinical mental health services from MindShift Wellness Clinic. This includes:

• Appointment scheduling and management
• Secure messaging with your care team
• Access to visit notes, treatment plans, and prescriptions
• Telehealth video sessions with licensed clinicians
• Billing and insurance information
• Intake forms and clinical assessments

Clinical services are provided by licensed mental health professionals and are subject to a separate Treatment Agreement and HIPAA Notice of Privacy Practices.

Service availability

We aim to maintain a high level of uptime but do not guarantee that the Service will be available at all times. Scheduled and unscheduled maintenance, technical issues, or events outside our control may result in temporary unavailability. We will make reasonable efforts to notify you in advance of scheduled maintenance that may affect clinical services.

We reserve the right to modify, suspend, or discontinue any aspect of the wellness app features at any time, with or without notice. Clinical services and patient portal features will not be discontinued without reasonable advance notice to affected patients.

Accounts

Eligibility

You must be at least 13 years old to use the Service (or 16 years old in certain jurisdictions, such as the European Union). By creating an account, you represent that you meet the applicable age requirement.

Account security

You are responsible for:

• Maintaining the confidentiality of your login credentials.
• All activity that occurs under your account.
• Promptly notifying us of any unauthorized access or security breach at info@mindshiftwellnessclinic.org.

Do not share your account with others. Each account is for a single individual only.

Account accuracy

You agree to provide accurate, current, and complete information when creating your account and to keep that information up to date. We reserve the right to suspend or terminate accounts with false or misleading information.

Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service in any way that violates applicable local, national, or international law or regulation.
• Attempt to gain unauthorized access to any part of the Service, other user accounts, or our systems.
• Transmit any unsolicited or unauthorized advertising, spam, or promotional material.
• Reverse-engineer, decompile, or disassemble any part of the Service.
• Use automated tools (bots, scrapers) to access the Service without our express written permission.
• Upload or transmit malicious code, viruses, or any other harmful technology.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Use the Service to harm, harass, or threaten any person.
• Attempt to circumvent subscription restrictions or access Premium features without a valid subscription.

We reserve the right to investigate and take appropriate action against any violation of these rules, including removing content, suspending accounts, and reporting to law enforcement.

Intellectual Property

Our content

The Service and all of its content — including text, graphics, logos, icons, images, audio clips, software, and the design, selection, and arrangement thereof — are owned by MindShift Wellness Clinic or its licensors and are protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial wellness purposes.

Your content

You retain ownership of the content you create within the Service (journal entries, custom breathing patterns, mood logs, etc.). By submitting content to our servers, you grant us a limited license to store and process it solely to provide the Service to you.

Content stored locally on your device via localStorage is entirely within your control and is never transmitted to our servers unless you use a sync or export feature.

Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a perpetual, worldwide, royalty-free license to use that feedback without any obligation to you.

Health Disclaimer

Wellness App Limitations

Mia, our AI wellness coach, is an artificial intelligence tool. Responses generated by Mia:

• Are not a substitute for professional mental health care, psychiatric treatment, or crisis intervention.
• Are generated by a language model and may not always be accurate, appropriate, or tailored to your specific circumstances.
• Should not be relied upon for medical decisions.
• Are not reviewed or supervised by a licensed clinician unless you are using Mia as part of your clinical treatment plan.

Clinical Services

If you are receiving clinical mental health services through our patient portal and telehealth platform:

• Services are provided by licensed mental health professionals (PMHNPs, LICSWs, LMHCs) who are qualified to diagnose and treat mental health conditions.
• A clinician-patient relationship is established through a formal intake process and Treatment Agreement.
• Clinical services are subject to professional standards of care and Massachusetts licensing requirements.
• Telehealth services are conducted in compliance with state and federal telehealth regulations.

Emergency Situations

The Service is not for emergencies. If you are experiencing a mental health crisis, thoughts of self-harm or suicide, or a medical emergency:

• Call 911 or go to your nearest emergency room
• Call or text the 988 Suicide and Crisis Lifeline by dialing 988
• Text HOME to 741741 to reach the Crisis Text Line
• Call the SAMHSA National Helpline at 1-800-662-4357

Telehealth appointments and secure messages are not monitored 24/7. Do not use the patient portal or wellness app to communicate urgent or emergency needs.

Acknowledgment of Risk

By using the Service, you acknowledge that you understand these limitations and that you use the Service at your own risk. You agree that MindShift+ is not liable for any harm resulting from your use of the wellness app features or any delay in accessing clinical services.

Telehealth Consent

If you are receiving clinical services via telehealth (video sessions), you acknowledge and agree to the following:

Nature of Telehealth

• Telehealth involves the use of electronic communications to enable healthcare providers to diagnose, consult, treat, and provide care to patients at a distance.
• Telehealth sessions are conducted via secure, HIPAA-compliant video conferencing (Whereby).
• You will need a reliable internet connection, a device with a camera and microphone, and a private location for your session.

Benefits and Risks

Benefits: Improved access to care, convenience, reduced travel time, and continuity of care.

Risks: Technical difficulties may interrupt or delay sessions; information transmitted may be insufficient for diagnosis or treatment; security protocols may fail, compromising confidentiality (though we use industry-standard encryption).

Your Responsibilities

• Provide accurate contact information and location during telehealth sessions.
• Be in Massachusetts at the time of your telehealth appointment (our clinicians are licensed in Massachusetts only).
• Ensure you are in a private, quiet location where you can speak freely.
• Test your technology before your appointment and contact us if you experience technical issues.
• Understand that telehealth may not be appropriate for all conditions and that your clinician may recommend in-person care if needed.

Session Recording

Telehealth sessions are not recorded unless you provide explicit written consent. If recording is requested for clinical purposes, you will be notified at the start of the session and may decline.

Consent

By scheduling and attending a telehealth appointment, you consent to receive mental health services via telehealth. You may withdraw this consent at any time by notifying your clinician, though this may affect your ability to receive services remotely.

Subscriptions & Payments

Wellness App Subscriptions

MindShift+ wellness app offers a Free plan with limited features and a Premium plan with full access. Premium is available as a monthly or annual subscription. Pricing is displayed at the time of purchase.

Clinical Services Fees

Clinical mental health services (appointments, therapy sessions, medication management) are billed separately from wellness app subscriptions. Fees for clinical services are:

• Disclosed during your intake process and in your Treatment Agreement.
• Billed per session or per service rendered.
• May be covered by your health insurance (we accept most major insurance plans).
• Subject to your insurance plan's copay, deductible, and coinsurance requirements.

You are responsible for verifying your insurance coverage and understanding your financial responsibility. We will provide a Good Faith Estimate for uninsured or self-pay patients as required by the No Surprises Act.

Billing for Wellness App

Wellness app subscriptions are billed in advance. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method on file for each renewal.

Free trial

New wellness app accounts may receive a free 7-day Premium trial. Your payment method will not be charged during the trial period. If you do not cancel before the trial ends, your subscription will begin and you will be charged the applicable rate.

Cancellation and refunds

Wellness app: You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period — you retain access to Premium features until then. We do not offer refunds for partial billing periods except where required by law or at our sole discretion.

Clinical services: Appointment cancellations must be made at least 24 hours in advance. Late cancellations or no-shows may be subject to a cancellation fee as outlined in your Treatment Agreement. Insurance does not cover cancellation fees.

Price changes

We reserve the right to change subscription pricing for the wellness app. We will notify you at least 30 days in advance of any price change. Your continued subscription after the change takes effect constitutes acceptance of the new price.

Clinical service fees may change annually. You will be notified of fee changes at least 30 days in advance or at your next appointment.

Limitation of Liability

Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MINDSHIFT+ DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINDSHIFT+ AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

Our total liability to you for any claim arising from or related to these Terms or the Service shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) $100 USD.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above may not apply to you.

Termination

Wellness App Account

Either party may terminate your wellness app account at any time:

• By you — by deleting your account in account settings or by ceasing to use the Service.
• By us — if you violate these Terms, we may suspend or terminate your account with or without notice.

Upon termination of your wellness app account, your right to use the wellness features immediately ceases. Your wellness app data (journal entries, mood logs, AI conversations) will be deleted in accordance with our Privacy Policy.

Clinical Services

The clinician-patient relationship may be terminated by either party:

• By you — at any time, for any reason, by notifying your clinician or our office.
• By your clinician — if the therapeutic relationship is no longer beneficial, if you repeatedly miss appointments without notice, if you engage in threatening or abusive behavior, or if continued treatment is clinically contraindicated. Your clinician will provide reasonable notice and referrals to alternative providers when possible.

Important: Terminating your wellness app account does NOT terminate your clinical treatment relationship or delete your medical records. Medical records are retained as required by law (see Privacy Policy). To terminate clinical services, you must contact your clinician or our office directly.

Appointment Archive Policy

Appointments marked as "archived" in the admin portal are automatically deleted from the archive after 2 years. This deletion applies only to the archived appointment record in the admin system and does not affect:

• Your underlying medical records (retained per HIPAA requirements)
• Clinical notes or visit documentation (retained per medical records retention policy)
• Billing records (retained for 10 years)

The 2-year archive retention period allows clinicians to reference recent completed appointments while maintaining a clean admin interface.

Effect of Termination

Upon termination, provisions that by their nature should survive (including intellectual property rights, disclaimers, limitations of liability, and medical records retention) will survive. You remain responsible for any outstanding fees for services rendered before termination.

Dispute Resolution

Governing law

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of law provisions.

Informal resolution

Before filing any formal legal claim, you agree to first contact us at info@mindshiftwellnessclinic.org and attempt to resolve the dispute informally. We will try to resolve most issues within 30 days.

Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Massachusetts. Judgment on the award may be entered in any court having jurisdiction.

Class action waiver: You agree that any arbitration or proceeding shall be limited to the dispute between you and MindShift+ individually. You waive the right to participate in a class action.

General Provisions

Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MindShift+ regarding the Service and supersede any prior agreements.

Severability

If any provision of these Terms is found to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, or sale of assets.

Contact

Questions about these Terms should be directed to: