‍Please review these Terms and Conditions of Use (“Terms of Use”) thoroughly, as they govern your access to and use of the Talkiatry Management Services, LLC (“Talkiatry,” “we,” “us,” or “our”) Platform. Your acceptance of and adherence to these Terms of Use are prerequisites for utilizing the following services:

·   www.talkiatry.com and https://app.talkiatry.com (our “Website”);

·   The Services (as defined below) provided on our Website.

The non-medical business support services, together with our Website, are hereafter collectively referred to as our “Platform.”

Talkiatry contracts with MCCD Psychiatry Services, P.L.L.C., MCCD FL Psychiatry Services, P.A., MCCD CA Psychiatry Services, P.C., MCCD KS Psychiatry Services, P.A., and MCCD New Jersey Psychiatry Services, L.L.C., and the members of its affiliated covered entity (collectively, “Medical Group”), each of which are independent, physician-owned entities with a network of United States based health care providers (each, a “Provider”) to provide online telehealth clinical consultations, services, and/or treatment. For the purposes of this Terms of Use, the professional medical services delivered by Medical Group via our Platform shall collectively be referred to as the “Services.”

By clicking “I agree to Talkiatry’s Privacy Policy and Terms of Use,” you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use, the Privacy Policy, and the Notice of Privacy Practices provided by Medical Group. IF YOU DO NOT ACCEPT THESE TERMS OF USE OR PRIVACY POLICY, YOU ARE NOT PERMITTED TO USE OUR PLATFORM OR SERVICES; PLEASE EXIT THIS WEBSITE IMMEDIATELY.

Binding Arbitration. All disputes related to these Terms of Use, the Platform, or Services will be settled by binding arbitration. Any disagreements involving these Terms of Use, the Platform, or Services will be resolved through binding arbitration. BY ACCEPTING THESE TERMS OF USE, YOU GIVE UP YOUR RIGHT TO TAKE LEGAL ACTION IN COURT OR JOIN A CLASS ACTION LAWSUIT. A neutral arbitrator—not a judge or jury—will decide your case. See Dispute Resolution; Arbitration Agreement below for full details.

1. Services Offered – No Medical Care or Consultation Provided

Talkiatry is not a medical provider and does not offer medical advice or treatment. It supplies administrative support to the Medical Group, which use the Talkiatry platform and brand. All clinical telehealth services are delivered by licensed clinicians through these practices; Talkiatry neither employs nor supervises the providers, nor owns any medical practice. For questions about care, patients should contact their respective providers directly, as clinical services and practices may differ.

2. For Non-Emergency Use Only

Our Platform and Services are not intended for use in medical emergencies or urgent situations. You should not rely on the content presented on our Platform as a substitute for professional medical advice, nor should you postpone or disregard seeking appropriate care. IF YOU ARE EXPERIENCING AN EMERGENCY, PLEASE CALL 9-1-1 PROMPTLY.

Emergency assistance or follow-up care should be sought when advised by a healthcare provider or when circumstances warrant. It is important to continue regular consultations with your primary care provider and other healthcare professionals as needed. For any questions regarding a medical condition, and before making changes to any treatment regimen, always consult a physician or another qualified healthcare provider.

3. Telehealth Service Risks

Utilizing the Services entails certain inherent risks related to telehealth. These risks include, but are not limited to: transmission of information that may be insufficient for appropriate clinical decision-making (such as suboptimal image resolution); potential delays in evaluation or treatment due to electronic equipment malfunction; limited access to your complete medical records, which may increase the likelihood of adverse drug interactions, allergic reactions, or other errors in judgement; and, despite the implementation of network and software security protocols designed to safeguard the privacy and security of health information, there remains a possibility of protocol failure, which could result in a breach of your health information privacy.

4. Privacy Practices

You acknowledge that any information you provide in connection with the Platform and Services will be subject to the Privacy Policy, which is hereby incorporated into and forms an integral part of these Terms of Use. Additionally, information you provide in relation to the Services will also be governed by the applicable Medical Group Notice of Privacy Practices, which is likewise incorporated herein and made a part of these Terms of Use.

5. Prescription Policy

Certain medications available through the Platform require a valid prescription from a licensed healthcare provider. A prescription product can only be obtained after completing a consultation with a Provider via the Platform, during which the Provider, through their independent judgement, determines if the product is appropriate and issues a prescription.

If a Provider authorizes a prescription, you have the right to choose to fill the prescription at any pharmacy as prompted while using the Services. The Platform supports patient choice, and prescriptions can be transmitted to a pharmacy of your selection upon request.

Prescriptions acquired from a Provider are intended solely for personal use. It is important to review all provided product information and labels, and to consult with your Provider, physician, or pharmacist regarding any questions about the medication.

This Is Not an Insurance Product. We do not provide insurance or insurance products. Payments made for Services on this Platform are not insurance premiums. If you need health or other insurance, please purchase it separately.

6. Ownership of the Platform

The Platform comprises confidential and proprietary information, including materials, data, databases, content, processes, methodologies, know-how, software, text, displays, images, video, audio, trademarks, logos, service marks, features, functionality, and the design, selection, and arrangement thereof. These components are owned by Talkiatry, its licensors, or other material providers and are protected under United States and international copyright, trademark, patent, trade dress, trade secret, and other intellectual property or proprietary rights laws (collectively referred to as the “Content”).

These Terms of Use authorize access to the Platform strictly for personal, non-commercial purposes. Reproduction, distribution, modification, creation of derivative works, public display or performance, republishing, downloading, storing, or transmitting any material on the Platform—including Content—is prohibited except as follows: (a) temporary copies may be stored in RAM incidental to accessing and viewing materials; (b) files automatically cached by your Web browser for display enhancement purposes are allowed; and (c) printing or downloading a single copy of a reasonable number of pages for personal, non-commercial use is permitted, provided no further reproduction, publication, or distribution occurs. It is not permitted to: (a) modify any copies of materials from the Platform or Services; (b) separate illustrations, photographs, video, audio, or graphics from accompanying text; or (c) delete or alter copyright, trademark, or other proprietary notices from copies of materials.

Framing techniques, deep linking, or otherwise enclosing any name, trademarks, service marks, logo, content, or proprietary information (including images, text, page layout, or form) of Talkiatry without express written consent is strictly prohibited.

Accessing or using any part of the Platform, services, or materials for outsourcing, service bureau purposes, commercial exploitation, or for the benefit of unaffiliated third parties who pay directly for such benefit is not permitted without explicit written consent from Talkiatry.

Any unauthorized printing, copying, modifying, downloading, or sharing of Platform materials constitutes a breach of these Terms of Use and will result in immediate termination of usage rights. At Talkiatry’s discretion, you may be required to return or destroy any materials obtained. No right, title, or interest in the Platform or its contents is transferred to you, and all rights not expressly granted remain with Talkiatry. Any use of the Platform outside the scope of these Terms of Use violates applicable copyright, trademark, and other laws.

7. Availability of Services

Talkiatry is regulated by state and federal laws, your access to the Platform may be limited based on your state. By accessing or using the Platform, you affirm and warrant that you are not prohibited from enrolling in or receiving the Platform’s services under the laws of the United States or any other applicable jurisdiction in which you may reside or be located. This assurance means that you are in full compliance with all relevant legal and regulatory requirements, and no law, regulation, or governmental action restricts your participation in or receipt of the Platform’s offerings. Use of this Platform is limited to users located in states within the United States where the Platform is available. Services are not available for users located outside of the United States. Use of this Platform from jurisdictions where content is illegal, or where the Platform is barred, is strictly prohibited.

8. Platform Access, Security Measures, Limitations, and Password Protection

You must not attempt to breach the Platform’s security, access unauthorized data or accounts, or test system vulnerabilities without permission. Automated tools like scrapers, crawlers, or robots are not allowed for accessing, copying, or bypassing Platform protections. Violations may lead to legal consequences; Talkiatry may investigate and work with law enforcement, if needed. Do not use any device or software to disrupt the Platform’s operation.

In the event access to the Platform or a portion thereof is limited requiring a user ID and password or access (“Protected Areas”) through password-less authentication method with a unique time-sensitive hyperlink (“Hyperlink”) sent to your email or phone authentication, you agree to access Protected Areas using only your user ID, password or Hyperlink as provided to you by us and to maintain exclusive access to your email or phone. You agree to protect the confidentiality of your user ID and password and to exclusively maintain access to your email and phone with necessary cybersecurity protections to prevent unauthorized access, and not to share or disclose your user ID or password or allow access to your phone or email by any third party. You agree that you are fully responsible for all activity occurring under your user ID. Talkiatry reserves the right to revoke your access to the Platform at any time, with or without cause. You agree to defend, indemnify, and hold Talkiatry harmless from all third-party claims, damages, and expenses (including reasonable attorneys’ fees) incurred as a result of your breach of these Terms of Use, violation of applicable law, use or access of the Platform, or access by anyone using your user ID and password or Hyperlink.

If you share any health information, medical history, conditions, symptoms, personal details, consent forms, requests, comments, ideas, files, videos, images, or other materials with us or on our Platform (“User Information”), you agree that such  User Information provided is neither false, inaccurate, defamatory, abusive, illegal, obscene, threatening, harassing, fraudulent, pornographic, harmful, or could promote criminal or unethical actions. You also must not share User Information that infringes on anyone’s privacy or intellectual property rights, or that contains viruses or other harmful elements. Additionally, you agree not to contact other users through unsolicited emails, phone calls, mail, or other methods.

By providing User Information to Talkiatry and Medical Group, you confirm that you are legally allowed to do so, and that they can use it as needed. Talkiatry or Medical Group may remove personal identifiers from your information so it is no longer considered protected health or personal information, and may use, disclose, aggregate, or sell this de-identified data to third parties for analytics, research, or other purposes.

9. No Users Under 18 Years Old

You must be 18 years or older or have obtained permission from your parent or legal guardian prior to using our Platform. If you are under the age of 18, please refrain from providing any information on or to the Platform or through any of its features without parental consent. Should we discover that the Platform collected or received Personal Information from a person under the age of 18 without verifying parental consent, we shall promptly delete that information from our records. If you are a parent or legal guardian and believe that your child under the age of 18 may have provided us with their Personal Information, you may Contact Us to request the deletion of that information.

10.  Your Account

When registering to use the Platform and creating your account, you are required to provide information that is true, accurate, current, and complete (“Registration Information”). It is also your responsibility to maintain and promptly update this Registration Information to ensure it remains true, accurate, current, and complete at all times. If any information you provide is found to be untrue, inaccurate, outdated, or incomplete—or if we have reasonable grounds to believe such a situation exists—we reserve the right to suspend or terminate your account.

You are fully responsible for keeping your password confidential and for all activities and usage that occur under your account. You must not permit anyone else to access your account or use your password. Allowing others to do so will compromise the security of your account.

11.  Accuracy and Integrity of Information

While we strive for accuracy, we cannot guarantee that all Platform content is correct or free from errors, including unintended changes by third parties. Please notify us of any inaccuracies so we can address them. We may update information without notice and are not responsible for third-party content.

12.  Typos and Service Pricing Errors

If a Service is mistakenly billed at the incorrect cost because of a typo or incorrect information from an insurance company or one of our partners, we reserve the right to cancel a medical appointment for the Service. This applies whether your medical appointment has already been confirmed. If you have already paid for the Service that is incorrectly charged, we will promptly refund you the amount that was incorrectly charged.

13.  AI-Assisted Services and Information

The medical service provider, its affiliates, and its third-party providers may use artificial intelligence (AI) and other machine learning technologies for your treatment, payment, or  healthcare operations such as the improvement and coordination of care.

No Guarantee of Accuracy

AI tools are developing technologies and may produce errors or inaccuracies. The information and outputs generated by these tools are for informational and assistive purposes only and are not a substitute for the professional judgement of a qualified healthcare provider. Do not rely on AI-generated information for medical diagnosis or treatment decisions. Always consult with a licensed physician or other healthcare professional for any medical advice or concerns, The Provider does not guarantee the accuracy, completeness, or reliability of any AI-generated content.

Data Use and Privacy

To improve the functionality and accuracy of its AI tools, the Provider may use your data in accordance with all applicable laws, including the Health Insurance Portability and Accountability Act. The Notice of Privacy Practices explains how we use patient health information. The Provider will maintain the confidentiality and security of all patient data, whether used by AI or otherwise.

Patient Acknowledgment and Consent

By using the provider’s website and services, you acknowledge and agree that:

1. You understand that AI tools may be used for the improvement and coordination of care.
2. You agree that AI-generated information is not a substitute for professional medical advice.
3. You consent to the use of your de-identified data for the purposes of improving AI technologies and medical services.

14.  Copyright Infringement Claims Procedure

The copyright owner or their authorized agent must submit a notice of infringement to Talkiatry’s designated agent with the Copyright Office in accordance with 17 U.S.C. 512(c) (“Legal Copy Right Agent”), containing the following details:

1. A description of the copyrighted work or intellectual property that has been infringed.

2. Identify the material you believe is infringing on your rights.

3. Your address, phone number, and email.

4. Include this statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing and is not authorized by the copyright owner, its agent, or the law.”

5. Add this declaration: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or authorized to act for the owner of an exclusive right that is allegedly infringed.”

6. Sign the notice electronically or physically.

Please direct all notifications of infringement and counter notifications to Talkiatry’s Legal Copyright Agent:

Attn:           Legal Copyright Agent

c/o Talkiatry Management Services, LLC

Phone:        833-351-TALK (8255)

Email:         Legal@talkiatry.com

Address:    109 W 27^th St., Suite 5S

New York, NY 10001

15.  Medical Appointment & Medications

We reserve the right, at our discretion, to refuse or cancel any medical appointment for any reason. Your account may also be restricted or terminated at our sole discretion. Some circumstances that could lead to a canceled appointment include limitations in the Medical Group’s ability to provide services, errors or inaccuracies in billing information, or concerns identified by our credit and fraud prevention department. We may request additional verification or information before confirming any appointment. We will contact you if your appointment is canceled or if further details are needed. Should your appointment be canceled after your payment has been processed, we will issue a credit to your card or other payment method for the amount charged.

A Provider may prescribe psychiatric medication that they deem medically necessary for a mental health condition.  However, unlike in-person psychiatric Provider, Providers may have some restrictions on the medical services that are offered virtually, including but not limited to limitations on prescribing certain types of medications.  For example, state laws may limit the prescribing of controlled substances, and these laws vary by the state where you are located during the telemedicine encounter.

16.  Payment Policy

Medical Fees

You can pay for Services directly through the Platform. For convenience, all payments are handled on your behalf, with Talkiatry acting as the payment processing agent. Talkiatry uses a third-party payment processor to process your payment. When you choose to pay for Services provided by Medical Group, the fee you pay covers the full amount they charge. We collect these payments for Medical Group and pass through to them payment for their actual charges. Prior to completing your payment, you will receive a detailed invoice showing the specific charges billed for each Service provided by Medical Group.

Automatic Charging for Payment On-File

The following are the terms and conditions under which Talkiatry will automatically charge your payment method on-file with the Platform (“Payment Method”) for medical services rendered by a Provider or missed appointment fees. While Talkiatry makes every effort to process medical claims through your health insurance for medical services, you agree and acknowledge that you are responsible for balance charges of medical services not covered by your insurance. This applies to all patients, their guarantors, and any authorized third-party payors who provide a form of Payment Method to the Platform for automatic payments to Talkiatry, as identified in your Platform’s user account created by you. By receiving medical services from a Provider, you agree to the terms set forth in this policy and agree to inform any guarantors or payors of these terms and conditions for your medical services.

Authorization to Charge the Payment Method On-File

Where permitted by law, you represent and warrant that you have the legal authorization to allow the Platform to charge the Payment Method provided to the Platform and that your information is true and correct. Upon your Payment Method needing to be updated, canceled, or if you become aware of a breach of security associated, you agree to amend or replace your Payment Method on the Platform. You authorize the Platform to automatically charge the provided Payment Method in your user account for all outstanding balances, including but not limited to, any applicable copayments, coinsurance, deductible amounts, missed appointment (cancelation/no show) fees or self-pay amounts owed to Talkiatry. This authorization extends to any fees incurred due to missed appointments or cancellations without at least 24 hours’ notice, which will result in a $100 fee charged to your stored Payment Method, unless otherwise prohibited by law.

Where permitted by law, your authorization for Talkiatry to charge the Payment Method you have submitted is irrevocable with respect to services that have already been rendered by a Provider and for future services until you remove the Payment Method from the Platform with an acceptable alternative Payment Method. Upon authorization being provided, should you choose to discontinue your care, any outstanding balances for services rendered prior to termination of care will be charged to the Payment Method on file with the Platform.

If your Payment Method is canceled, has expired, lacks sufficient funds to cover services provided, or a chargeback occurs on the Payment Method associated with your user account, you agree that your Provider will initiate discharge for discontinuance from your care due to non-payment for medical services rendered, in addition, Talkiatry reserves the right to seek further collection of payments owed by you.

You acknowledge and agree that due to the period of adjudication with your health insurance, balance charges on your Payment Method may not occur until ninety (90) days from the date medical services were rendered or longer.

Third-Party Payment Method on your behalf

You acknowledge and confirm that you are permitted to use any third-party Payment Method on the Platform in connection with your services, where applicable. You also agree to notify the third party that their payment authorization remains in effect with Talkiatry until an acceptable alternative Payment Method is provided for both outstanding and future services. Furthermore, you understand that if a third party withdraws their authorization to you for a Payment Method, you must promptly substitute it with another acceptable Payment Method to pay for charges related to medical services.

Payment Method on File Requirement

Where permitted by law, to be a patient with the Provider Group, you must have a valid Payment Method. If you wish to avoid future charges for future medical services then you have the option to discontinue care with your Provider by canceling any existing appointments and initiating a request for discharge from the Medical Practice by advising your Provider, or contacting hello@talkiatry.com or at phone number (833) 351-8255.

Deletion of Payment Method Information

To request the deletion or to correct inaccurate data of your Payment Method information, please contact privacy@talkiatry.com. Talkiatry will coordinate with third-party processors to delete Payment Method details in compliance with applicable laws. However, certain information may need to be retained due to legal requirements, such as anti-money laundering regulations. Deletion when legally permissible will occur once any outstanding balance transactions have been processed. If you do not provide an alternate Payment Method along with your request, your Provider will begin discharge procedures for discontinuation of medical services.

Updating Payment Information

Should your Payment Method change in the future, your authorization to it and the terms and condition will apply to the new Payment Method. It is your responsibility to ensure that your Payment Method is current and valid to continue your medical services by your Provider.

Health Savings Accounts & Health Insurance Payments for Missed Appointments

You understand that health insurance does not pay for fees incurred for missed appointments and if your Payment Method is associated with a Health Savings Account (HSA), Healthcare Reimbursement Arrangement (HRA), or Flexible Spending Account (FSA), and you are charged a missed appointment fee, you agree to contact your plan administrator to reimburse your plan, as such fees are not considered qualified medical expenses under IRS Code Section 213(d).

Security and Privacy

The Platform uses a third-party online payment processing application that stores your Payment Method details securely in accordance with Payment Card Industry requirements and Talkiatry does not directly store Payment Method information within its systems.

Dispute Resolution

If you have any disputes regarding charges, you must notify Talkiatry within thirty (30) days of receiving the charge or receiving notification of the charge by Talkiatry. Talkiatry will conduct a reasonable investigation and resolve the dispute as deemed appropriate under the circumstances.

Waiver of Claims for Unauthorized Payments

You agree to waive all claims against Talkiatry, your Provider, and the Provider Group and Talkiatry’s third-party service providers and payment processor related to any authorized or unauthorized payments from your Payment Method.

Termination of Charges on Payment Method

If you wish to terminate your relationship with Talkiatry, you must follow the formal discharge process for discontinuance of care. Upon termination, any outstanding balances will be charged to the Payment Method on file.

Amendments to Online Payment

Talkiatry reserves the right to amend the Terms of Use including the terms and conditions related to Payment Method without any notice.

17.  Cancellation and Missed Appointment (No-Show) Policy

Talkiatry aims to offer you available appointments. If you cancel, reschedule with less than forty-eight (48) hours’ notice, or miss your appointment, a $100.00 fee will be charged to the Payment Method on file.

18.  External Links

We do not make any claims about other websites you may visit through the Platform. If you go to a website that is not Talkiatry, please know it is separate from us and we do not control its content. A link to a non-Talkiatry site does not mean we endorse or take responsibility for what is on it or how you use it. You should be careful to make sure anything you use, or download is safe and free from viruses, worms, Trojan horses, and any harmful software. Choosing to visit third-party sites linked from our Platform is completely at your own discretion.

19.  Authorization to Receive Calls, Text Messages, and Audio and/or Video Recordings

By providing your mobile number and contact details, you consent to Talkiatry contacting you via calls, texts, emails, secure messaging, or mail for service updates, legal notices, policy changes, appointment reminders, and other relevant communications. These communications may include information about your treatment, benefits, or account, and may use automated systems. Message and data rates may apply; please keep your contact information current. To opt out of texts, reply “STOP” and your request will be processed within a reasonable time, with a confirmation or follow-up text, if needed. Unsubscribing from communications may limit your access to certain Platform features and you may miss important notifications.

Talkiatry and its contracted third parties may record audio or video interactions for quality assurance, training, and service improvement. These recordings are kept confidential and only disclosed if required by law. By using the Platform, you consent to such recordings as described in the Terms of Use and Privacy Policy.

By submitting your contact information and agreeing to these terms, you expressly authorize Talkiatry to send you commercial and informational calls, texts, and emails, including appointment reminders, marketing communications, and ongoing updates for healthcare management. You are not required to provide this consent as a condition of purchasing any goods or services. Appointment reminders and communications may include notifications about upcoming or missed appointments and psychiatric care. Marketing communications will be sent only with your explicit consent and may include information on services, special offers, or health topics.

Enrollment in text alerts requires a mobile number from the United States, the District of Columbia, or U.S. territories. Talkiatry does not charge for text alerts, but your carrier’s rates may apply. You are responsible for these charges. To opt out of calls, notify Talkiatry in writing or verbally to be removed from the call list or added to the Do Not Call List. To stop receiving marketing emails, use the link provided at the end of our emails. Opting out of marketing emails does not affect appointment-related communications necessary for ongoing care. For instructions to opt out of patient care emails, contact privacy@talkiatry.com.

Talkiatry reserves the right to update or change these terms at any time without prior notice. Continued use of Talkiatry’s communications program indicates acceptance of any changes. Talkiatry and its affiliates are not liable for any loss or injury resulting from participation in these programs or from technical failures or delays. Talkiatry may cease communications at any time at its sole discretion.

20.  Compliance with the CAN-SPAM Act and Telephone Consumer Protection Act

Talkiatry, Medical Group, and your Provider are dedicated to adhering to the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Telephone Consumer Protection Act (“TCPA”). By agreeing to the terms outlined above you authorize to receive calls, text messages, and audio and/or video recording. This authorization includes interacting with an Artificial Intelligence (AI) bot and responses generated by an AI system and not a human. You consent to receive text messages from us. Any e-mails, newsletters, and text messages we send are intended to strictly comply with both the CAN-SPAM Act and the TCPA. Please contact us at Privacy@Talkiatry.com if you ever receive an e-mail or text message from us that you feel does not fully meet these regulations.

21.  Electronic Communications and Verifications

When you use the Platform or send us emails, messages, or other communications from your computer or mobile device, you are communicating with us electronically. By doing so, you agree to receive electronic communications from us. You also agree that (a) all agreements and consents can be executed electronically, and (b) any notices, disclosures, or other communications we provide in electronic form will meet any legal requirement for written communication. Talkiatry, Medical Group, and your Provider may reach out by phone, mail, or email to verify your information. They may also request additional details from you, and you agree to supply this information to confirm you are not fraudulently using the Platform. If you do not respond as requested within fourteen (14) days, we reserve the right to suspend, discontinue, or deny your access to our Platform until the information is provided.

22.  External Services

The Platform may facilitate access to services and websites provided by Talkiatry and/or third parties, including social media platforms (collectively and individually, “External Services”). Use of External Services is at your own risk. Talkiatry is not responsible for reviewing or verifying the content or accuracy of any third-party External Services and assumes no liability for them. Information presented through the Platform or any External Service, which may include financial, medical, and location data, is offered solely for general informational purposes and is not warranted by Talkiatry or its representatives. You shall not utilize External Services in a manner that contravenes these Terms of Use or infringes upon the intellectual property rights of Talkiatry or any third party. Furthermore, you agree to refrain from using External Services to harass, abuse, stalk, threaten, or defame any individual or entity; Talkiatry disclaims responsibility for such conduct. Availability of External Services may vary by language or geographic region and may not be suitable or accessible in certain locations. It is your responsibility to comply with all applicable laws if you choose to use these External Services. Talkiatry reserves the right to modify, suspend, remove, disable, or restrict access to any External Service at any time, without notice or liability.

23.  No Rights For Third Parties

These Terms of Use grant rights and benefits only to you, Talkiatry, Medical Group, and their affiliates. Third parties have no rights, remedies, or claims under these terms, nor do they gain any subrogation or actions against you or the named entities. The Platform is for your exclusive use and not for third-party reliance.

24.  Dispute Resolution and Arbitration Agreement

We aim to resolve any problems you have with our Platform and Services in good faith if you contact our customer service team. Still, we understand that there may be rare occasions when we are unable to fully satisfy a customer's concerns.

You and Talkiatry agree that any disputes, claims, or controversies related to these Terms of Use or your use of the Platform and its Services will be settled by binding arbitration instead of going to court. Unlike traditional lawsuits, arbitration is less formal, uses a neutral arbitrator rather than a judge or jury, and courts review it only in limited circumstances. Discovery in arbitration is more restricted than in court, but both sides will cooperate to ensure reasonable access to information given the specifics of each claim. Arbitrators can grant the same damages and remedies as courts, applying substantive law regarding damages—including Supreme Court standards for punitive damages. By accepting these Terms, both you and Talkiatry waive rights to a jury trial or participation in class actions, and agree that the U.S. Federal Arbitration Act governs this provision. This arbitration clause remains valid even after these Terms of Use or other contracts end.

To initiate a claim against Talkiatry and choose arbitration, send a written notice by certified mail (the “Notice”) to: Talkiatry Management Services, LLC, Attn: LEGAL NOTICE, 109 W 27th St., Suite 5S, New York, NY 10001. If Talkiatry initiates an arbitration, it will send Notice to your latest address on file. The Notice must include (a) a description of the issue and its basis, and (b) the specific relief sought (“Demand”). If no resolution is reached within thirty (30) days of receiving the Notice, either party may begin arbitration or file in small claims court. Settlement offers made during arbitration must not be disclosed to the arbitrator. You can obtain forms for Notices and starting arbitration from the American Arbitration Association at www.adr.org (“AAA”). If you pay a filing fee to begin arbitration, Talkiatry will reimburse you unless your claim exceeds US $10,000. Arbitration is governed by the AAA’s Commercial Arbitration Rules and Consumer Related Disputes Supplementary Procedures (“AAA Rules”), as modified by these Terms, and administered by the AAA. Find the AAA Rules online, by calling 1-800-778-7879, or by writing to us. The arbitrator must follow these Terms of Use and will decide all issues, including enforceability and scope. Unless agreed otherwise, hearings will be held in your billing county or parish; non-U.S. residents can attend in their own country at a reasonable location, subject to AAA procedures. For claims under US $10,000, you can choose document-only arbitration, telephonic, or in-person hearings per AAA rules. For larger claims, hearings are determined by the AAA Rules. Regardless of format, the arbitrator will provide a detailed written decision explaining findings and reasons for the award. Should you win an award higher than Talkiatry’s last settlement offer before arbitrator selection (or if no offer was made), Talkiatry will pay you the awarded amount or US $1,000, whichever is greater. Other fees are managed according to AAA Rules. Each side pays its own attorneys’ fees and costs, unless law or written agreement allows the winner to recover fees.

YOU AND TALKIATRY AGREE TO BRING CLAIMS ONLY ON AN INDIVIDUAL BASIS—NOT AS PART OF A CLASS OR REPRESENTATIVE ACTION—AND THE ARBITRATOR CANNOT COMBINE CASES OR OVERSEE GROUP PROCEEDINGS WITHOUT MUTUAL CONSENT. Declaratory or injunctive relief can only be awarded to the individual seeking it, and only to the extent needed based on their claim.

If the arbitration agreement is found unenforceable, the entire arbitration section becomes void but the rest of the Terms stay effective. Any resulting claims must go to state or federal courts in New York County, New York, and both parties waive rights to a jury trial in that situation.

25.  Indemnification

You agree to defend, indemnify, and hold harmless Talkiatry and its affiliates from any claims, losses, liabilities, damages, costs, or attorney’s fees—whether legal or equitable—that arise directly or indirectly from: (i) your use or misuse of the Platform, Services, or any information on the Platform; (ii) your violation of the Terms of Use or Privacy Policy; (iii) any content or information you provide to Talkiatry, Medical Group, your Provider, or customer service; or (iv) any negligent or wrongful actions or omissions by you when using the Platform or Services, including but not limited to infringement of third-party intellectual property rights, privacy violations, or other wrongful conduct.

26.  Disclaimer of Warranties

TALKIATRY MAKES NO GUARANTEE THAT ACCESS TO OR USE OF THE PLATFORM WILL BE CONTINUOUS OR FREE FROM ERRORS, NOR DOES IT ENSURE THAT ANY ISSUES WITH THE PLATFORM WILL BE FIXED. THE PLATFORM AND ALL RELATED CONTENT OR INFORMATION, AS WELL AS ANY PLATFORM-RELATED SERVICES, ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL QUALITY, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. TALKIATRY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF INFORMATION AVAILABLE THROUGH THE PLATFORM.

YOU ACCEPT FULL RESPONSIBILITY AND RISK FOR USING THE PLATFORM, ITS RELATED SERVICES, AND ANY LINKED WEBSITES. TALKIATRY CANNOT GUARANTEE THAT DOWNLOADABLE FILES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL CODE. YOU ARE RESPONSIBLE FOR PUTTING IN PLACE ADEQUATE PROCEDURES TO MEET YOUR OWN REQUIREMENTS FOR DATA BACKUP AND SECURITY.

ANY WARRANTIES CONNECTED TO SERVICES OFFERED, SOLD, OR DISTRIBUTED BY TALKIATRY ARE GOVERNED BY SEPARATE WARRANTY TERMS AND CONDITIONS, IF APPLICABLE, WHICH MAY BE PROVIDED WITH THOSE SERVICES.

27.  Limitation of Liability Concerning Platform and Service Usage

TALKIATRY AND ANY THIRD PARTIES MENTIONED ON THIS PLATFORM ARE NOT RESPONSIBLE OR LIABLE FOR ANY KIND OF DAMAGES — INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER LOSSES (SUCH AS LOST PROFITS, DATA, OR BUSINESS INTERRUPTIONS) — THAT RESULT FROM YOUR USE OF THE PLATFORM, ITS SERVICES, CONTENT, INFORMATION, OR ANY LINKED WEBSITE. THIS APPLIES REGARDLESS OF THE LEGAL THEORY, AND EVEN IF YOU WERE WARNED ABOUT THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE PLATFORM, ITS SERVICES, OR LINKED WEBSITES, YOUR ONLY SOLUTION IS TO STOP USING THEM. WHERE SOME OF THESE LIABILITY LIMITATIONS CANNOT BE ENFORCED, TALKIATRY’S TOTAL LIABILITY FOR YOUR USE OF THE PLATFORM AND SERVICES WILL NOT EXCEED FIVE HUNDRED ($500) DOLLARS.

28.  Force Majeure

We will not be considered in breach of these terms, nor held liable for any default or failure to comply with the Terms of Use or our Privacy Policy, arising from circumstances beyond our reasonable control. Such circumstances may include, but are not limited to, the following force majeure events (“Force Majeure Event(s)”): (a) natural disasters; (b) flood, fire, earthquake, explosion, pandemic, or epidemic; (c) war, invasion, hostilities (whether declared or otherwise), terrorist acts or threats, riots, or other civil disturbances; (d) government orders, laws, or actions; (e) embargoes or blockades imposed after the date of this Agreement; (f) national or regional emergencies; and (g) other incidents outside the reasonable control of Talkiatry. We will make every effort to communicate with you and provide notice within thirty (30) days of the occurrence, indicating the expected duration of the Force Majeure Event. We will diligently seek to resolve any failure or delay and minimize its impact. Talkiatry will resume its obligations as soon as reasonably possible once the cause has been removed.

29.  Export Regulations in the United States

You agree to follow all U.S. and international export laws so that neither the Platform nor related technical data is exported or used unlawfully. By using the Services, you confirm that you are not in a U.S.-sanctioned country or on any U.S. Government restricted list.

30.  Copyright & Trademark Information

Copyright ©2022 Talkiatry Management Services, LLC. All rights reserved. All trademarks, logos, and service marks (“Marks”) shown on this site belong to us or to third parties. You must get written permission from us or the third party owner before using any of these Marks.

31.  Revisions; General

Talkiatry has the right, at its sole discretion, to end your access to all or part of the Platform at any time, with or without reason or notice. If any part of these Terms of Use is found unenforceable by a court or other authority, that section will be limited or removed only as much as needed, and the rest of the Terms will continue to apply. These Terms of Use represent the full agreement between you and Talkiatry about this subject. Talkiatry may update these Terms from time to time by changing this page. Be sure to check back regularly for updates, since you agree to any changes by continuing to use the Platform. Some parts of these Terms may be replaced by specific legal notices or terms found on certain pages within the Platform.

32.  Contact Us

Talkiatry Management Services, LLC

Phone: 833-351-TALK (8255)

Email: privacy@talkiatry.com

Address: 109 W 27^th St., Suite 5S

 New York, NY 10001

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