Terms of Service
Effective Date: Mar 4, 2022
The Services are not for use in medical emergencies or other urgent situations. If you think you may have a medical emergency, call 911 immediately. You should not delay or forgo consulting with your physician or other healthcare provider if you have concerns about your health.
By clicking “I Agree” to accept or agree to these Terms or by accessing or using the Services, you accept and agree to be bound by these Terms, including, without limitation, your waiver of any right to pursue claims on a class basis as set forth below.
Healthcare Professional Services
Mindstrong provides a technology platform to help group health plans, health insurers, health care providers and other organizations (“Organizations”) to assess and assist their health plan members and patients. Mindstrong itself does not provide medical or other professional services. The physicians, psychologists or other behavioral health or primary healthcare professionals (collectively, “Healthcare Professionals”) who deliver professional services through the Apps are independent professionals practicing through Mindstrong Clinical Services, PC, or another affiliated, independently owned professional practice. Mindstrong shall not be liable for any professional advice you obtain from a Healthcare Professional via the Services. Please see additional terms and conditions applicable to healthcare professional services. Such additional terms and conditions are hereby incorporated into and made part of these Terms.
The Services are not intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you are 18 years of age or older and have authority to enter into these Terms.
To access and use certain features of an App, you will be provided a unique participant ID or a text message with a link to a login page. In some cases, you will need to register for a Mindstrong account (“Account”) by providing your phone number, username, email address and/or other Account information (“Account Information”). You agree that the Account Information that you provide to us at all times will be accurate, complete and current. You may not use anyone else’s account at any time and you may not transfer or share your Account with anyone. You are responsible for maintaining the confidentiality and security of your Account password and for all acts or omissions that occur under your Account. You agree to immediately notify Mindstrong if you discover or otherwise suspect any security breaches related to the Services or your Account.
Terms of Sale
You acknowledge that Mindstrong has given you a choice of different services, along with their costs. By selecting services, you agree to accept responsibility for payment of the total amount due.
By providing a credit card or other payment method accepted by Mindstrong (“Payment Method”), you are expressly agreeing that we (including our third-party payment processor on our behalf) are authorized to charge to your Payment Method any fees for your use of the Services, together with any applicable taxes.
Should you choose not to enter your health plan billing details, you elect to be seen as self-pay, thereby waiving health plan claim submission. If the Services are not covered benefits under your health plan or you do not have health insurance, then you must pay the total amount due. You can still choose to submit a claim to your insurance using the insurer’s claims process. To the extent you have health insurance, we participate in any insurance plans, and we accept your health insurance, you authorize us to charge your Payment Method for copayments, coinsurance, deductibles and any other amounts not covered by your health plan.
Please note that Mindstrong may not receive complete information from your health insurer or other health plan, if applicable, regarding the applicable co-pay or co-insurance due from you for professional services delivered through the Services. As such, you may be billed more than once with respect to a professional service to account for additional co-pay or co-insurance amounts due, if any.
You agree that your authorization to charge your Payment Method remains in effect until you cancel it in writing, and you agree to notify Mindstrong of any changes to your Payment Method. Requests and inquiries related to Payment Method should be directed, via email, to [email protected] You certify that you are an authorized user of the Payment Method and will not dispute charges for professional services or the co-payment or co-insurance required by your health plan.
If you want to change or update your Payment Method information, you can do so at any time within the Mindstrong App under your profile or account settings. If a payment is not successfully settled and you do not edit your Payment Method information, you remain responsible for any uncollected amounts. You authorize us to continue billing the payment method, as it may be updated, for any uncollected amounts for your use of the Services.
In some cases, we (or our third-party payment processor) may authorize or reserve a charge on your Payment Method. The authorization is not a charge. However, it may reduce your available credit by the authorization amount. In the event that the amount of our authorization exceeds the total funds on deposit in your payment account, you may be subject to overdraft or non-sufficient funds charges by the bank issuing your Payment Method. We are not responsible for these charges and are unable to assist you in recovering them from your issuing bank.
You acknowledge that the origination of ACH transactions to your bank account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, Mindstrong may at its discretion attempt to process the charge again at any time within 30 days.
You acknowledge and agree that fees for professional services may increase at any time.
Appointment Cancelation and No Show Policy
If you need to cancel or reschedule an appointment with a Mindstrong healthcare professional, please let us know as soon as possible, and not later than 24 hours prior to your scheduled appointment. Advance notice allows us time to schedule another patient at the time of your appointment.
Please refer to the cancelation policy on our website at https://mindstrong.com/pricing/.
Right to Access Services
We hereby grant to you a limited, non-exclusive, nontransferable right to access and use the Services solely for your personal non-commercial use and only as permitted under these Terms (“Access Rights”). We reserve the right, in our discretion, at any time, without liability to you, to: (a) deny, modify, suspend or terminate the operation or any feature of an App; (b) restrict, limit, suspend or terminate your access to the Services; and (c) monitor your use of the Services to verify compliance with these Terms and any applicable law.
You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Services to violate any applicable law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Services; or (d) distribute viruses or other harmful computer code through the Services. In addition, you agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal.
Mindstrong enters into service agreements and/or other agreements (each, an “Organization Agreement”) with employers sponsoring group health plans for their employees and other Organizations. To the extent that these Terms conflict with any Organization Agreement with respect to our arrangement with you, the Organization Agreement will control. Notwithstanding anything to the contrary, the disclaimers and limitations of liability in these Terms apply with respect any claim by you against Mindstrong.
If you agree to an informed consent to participate in an Organization’s research study then the informed consent is subject to these Terms, but will control to the extent of any conflict with these Terms.
Consent to Call Recording
We will not be liable for any information, software, or links found at any other website, internet location, or source of information, nor for your use of them, nor for the acts or omissions of any such websites or their respective operators.
The Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Mindstrong, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services except as permitted through the Services according to these Terms. Certain of the names, logos, and other materials displayed on the Services may constitute trademarks, trade names, service marks or logos ("Marks") of Mindstrong or other entities. You are not authorized to use any such Marks without the express written permission of Mindstrong. Ownership of all such Marks and the goodwill associated there with remains with us or those other entities.
You may deactivate your Account and end your registration at any time, for any reason by sending an email to [email protected] Subject to applicable law, Mindstrong reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Services pursuant to its internal record retention and/or content destruction policies. After such termination, Mindstrong will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Healthcare Professionals are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
Right to Modify these Terms
We reserve the right to make changes to these Terms at any time on a going-forward basis including our payment schedule. We will not make any changes that have a retroactive effect unless we are legally required to do so. Please check back from time to time to ensure that you are aware of any changes to these Terms. We will indicate the Terms’ effective date at the top of these Terms. Your continued use of the Services after changes have been posted will indicate your agreement to be bound by the revised Terms, inclusive of such changes. If we make material changes that would impact your use of the Services, we will endeavor to notify you of the changes, such as by posting a notice directly in the Services, by sending an email notification (if you have provided your email address to us), text message or by any other reasonable method. If you do not agree to the changed Terms, you should immediately terminate your use of the Services.
Disclaimer of Warranties
You agree that use of the Services and the Healthcare Professional services is at your sole risk. The Services and any Healthcare Professional services are provided on an “as is” and “as available” basis. Mindstrong expressly disclaims all warranties of any kind, whether oral or written, express or implied, including, but not limited to any warranties of merchantability, fitness for a particular purpose, non-infringement, value or accuracy of data. Without limiting the generality of the foregoing, Mindstrong does not warrant that the Services will be uninterrupted or error free; or that any defect or other error will be corrected; or that the Services will be free of viruses or other harmful code. Additionally, you acknowledge that Mindstrong is not the sponsor of any employee welfare benefit plan in connection with the Services. Mindstrong is not a plan fiduciary, insurer, plan administrator or plan sponsor, as those terms are defined under the Employee Retirement Income Security Act of 1974, as amended, the Internal Revenue Code or the Public Health Service Act or other state laws impacting group health plans. You should ask your employer about your employee benefits and not Mindstrong.
Limitation of Liability
You understand that to the fullest extent permitted by law, in no event will Mindstrong or its affiliates, officers, directors, employees, agents or licensors be liable for any indirect, incidental, consequential, exemplary or other special categories of damages, including, but not limited to, damages for loss of revenues, profits, goodwill, use or data, arising out of or related to your use of the Services or Healthcare Professional services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. To the fullest extent permitted by applicable law, Mindstrong’s aggregate liability to you arising out of or relating to these terms or your access or use of the Services shall be limited to the amounts paid by you through the Services in the three (3) months prior to the events giving rise to any claim, or, if no such payments have been made by you, fifty U.S. dollars ($50).To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Waiver of Right to Pursue Class Action Claims
You agree to only resolve disputes with us on an individual basis, and waive any right to pursue any claims on a class or consolidated basis or in a representative capacity. You agree that you may bring claims against us only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
Mindstrong makes no representation that all products, services and/or material available through the Services, are appropriate or available for use in locations outside the United States or all territories within the United States.
Any clinical records created as a result of your use of the Healthcare Professional services through the Apps will be maintained by the Healthcare Professionals for a period that is no less than the minimum number of years such records required by applicable law.
You understand that by checking the “agree” box for these Terms, you are agreeing to these Terms and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, “Communications”) through electronic means including but not limited to: (1) by email, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device, or (4) by posting the Communications on the Services. You can withdraw your consent to receive Communications by deactivating your Account. You can opt-out of future Communications through SMS text message by replying “STOP” to the text or sending an email to [email protected]
Apple Device Additional Terms
If you access the App via a mobile device or tablet branded by Apple, Inc. (“Apple”) and running Apple’s iOS (an “Apple Device”), the Apple Device Additional Terms found here are hereby incorporated into and made part of these Terms.
These Terms and your use of the Services shall be governed by the laws of the State of California, without giving effect to the principles of conflict of laws. The parties agree to the exclusive personal and subject matter jurisdiction and venue of the courts located in San Francisco, California, for any action related to these Terms. No waiver by Mindstrong of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mindstrong to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
If you have a question or comment regarding the Services or are aware of any violation of these Terms, please contact us via email or at the address below.
303 Bryant St.
Mountain View, CA 94041
Email: [email protected]
VIII. Privacy Officer
You may contact the Privacy Officer at [email protected]