Platform Terms & Conditions of use

1. MindWeal Platforms Terms and Conditions of use

Welcome to our platform (“Platform”). By using this Platform, you demonstrate your agreement to be bound by these Platform Terms and Conditions of Use (“Terms & Conditions”) and our Platform Privacy Policy (“Privacy Policy”).

MindWeal Health, PLLC (“MindWeal,” “us,” “our,” or “we”) owns and manages this Platform. You may only use the Platform if you can form a binding contract with us, and only if you comply with these Terms & Conditions and all applicable local, state, national, and international laws, rules, and regulations.

We may alter these Terms & Conditions without notice, and your continued use of the Platform signifies that you agree to be bound by any future changes. You are encouraged to review these Terms & Conditions at regular intervals to monitor for updates. If you do not agree, you should not use our Platform.

Please read these Terms & Conditions carefully.

2. Your access to this Platform is governed by these Terms & Conditions.

These Terms & Conditions govern your access to and use of this Platform, and any content provided to you on, from, or through our Platform, our software, our website and any applications created by MindWeal Health, whether through a social networking site or through our subsidiaries or affiliated companies. This content is collectively encompassed by references to the Platform throughout these Terms & Conditions. 

3. Our information collection, use, and disclosure.

By using this Platform, you agree to allow MindWeal Health, PLLC, to collect, use, and disclose your information under the terms provided in the Privacy Policy.

4. Visiting the platform, registering your account & completing the new patient onboarding process on the Platform does not constitute the formation of a provider-patient relationship.

You acknowledge that visiting MindWeal’s Platform, creating an account, completing onboarding process (including but not limited to completing demographic information, signing consent forms, completing MFSH forms, completing M-CAT assessment, completing wellness questionnaires), scheduling your first appointment or completing any other acts before in-person or virtual face-to-face new patient appointment does not create a provider-patient relationship between you and MindWeal or any of our providers, and you completing all these acts on the Platform does not create any duty for us to follow up with you about any medical condition, diagnosis, or treatment. Provider-patient relationship is established at the initiation of first clinical visit with our provider.  The Content of the Platform is not intended to be a substitute for professional medical advice, diagnosis, or treatment. If you have concerns about any medical condition, diagnosis, or treatment, please schedule a clinical visit with us or another licensed healthcare provider. In an emergency, call 911. MindWeal’s Platform should not be utilized as a replacement for current or future medical advice, diagnosis, or treatment.

5. Your permitted uses of our Platform.

All content, including but not limited to text, images, trademarks, and logos (collectively, the “Content”), provided on this Platform is owned by MindWeal Health or its licensors and is protected by U.S. and international copyright laws and treaties.

Subject to your full compliance with these Terms & Conditions and our Privacy Policy, MindWeal Health grants you a limited, revocable, nonexclusive, and nontransferable license to access and use the Content for personal, noncommercial purposes. This license permits you to create an account, input demographic information, complete the onboarding process, complete health and wellness questionnaires, schedule visits, enter your vital signs, communicate with your provider and MindWeal staff via secure chat, and access psychoeducation and DIY resources. Additionally, you are permitted to view patient diagnoses, prescribed medications, and elements of your treatment plan, all provided in a HIPAA-compliant manner to ensure the security and confidentiality of your personal health information.

MindWeal is a HIPAA-compliant platform, ensuring that your personal health information is securely protected. However, you acknowledge and agree that the security of your account credentials is your responsibility, and MindWeal assumes no liability for any unauthorized access due to your failure to maintain the confidentiality of your login information.

You are strictly prohibited from copying, reproducing, modifying, republishing, uploading, posting, transmitting, distributing, or otherwise exploiting the Content for any commercial or non-personal purposes without express written consent from MindWeal. You are further prohibited from using framing technology to display the Content or systematically retrieving data or information from the Platform to create a collection, compilation, database, or directory. Any misuse or unauthorized use of the Content or the Platform will result in the immediate termination of the license granted herein, and you may be subject to civil and/or criminal liability.

MindWeal reserves all rights not expressly granted under these Terms & Conditions. Your use of the Platform signifies your acceptance of these terms, and you assume full responsibility for any and all liabilities arising from your use of the Platform in violation of these terms.

6. Rules governing your conduct while visiting this Platform.

MindWeal has the right, but not the obligation, to monitor all conduct on this Platform. You expressly agree that you will not: deceive, harass, stalk, harm, or exploit any other users; distribute spam; collect or record information about other users; or advertise or solicit others to purchase any product or service. You will not use this Platform or its Content: for any unlawful purpose; to solicit others to perform or participate in unlawful acts; for any obscene purpose; to violate any regulations, rules, law, or ordinances; to submit false or misleading information; to upload or transmit any viruses or any other type of malicious code that will be used in a way that will affect the functionality or operation of the Platform; or to collect or track the personal information of others. We reserve the right to terminate your use of the Platform for engaging in such conduct.

7. Disclaimer of liability and statement of no warranty.

The information provided on the MindWeal Health platform, including patient diagnoses, prescribed medications, and elements of treatment plans, is delivered in a HIPAA-compliant manner to ensure the security and confidentiality of your personal health information. However, all features and content, including beta features such as the root cause analysis generated after completing the MindWeal Comprehensive Assessment Tool (M-CAT), i-MCAT score, Wellness score are provided “as is.” This means that the information and tools are offered without any guarantees regarding their accuracy, completeness, reliability, or fitness for a specific purpose. The root cause analysis is only a preliminary understanding and does not replace a comprehensive clinical assessment. Similarly, the iMCAT and Wellness scores are tools meant to track progress but do not substitute for the clinical judgment of your healthcare provider.

MindWeal makes no warranties, express or implied, regarding the content on the platform or linked websites, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or noninfringement. We do not guarantee that the information and features provided will always be accurate, reliable, complete, current, or free of errors.

By using this platform, you acknowledge that you are accepting the information and tools in their current state, with no promises of further assurances or guarantees from MindWeal. By using this platform, you assume all risks associated with accessing and using the information provided. MindWeal is not responsible for any errors or omissions and reserves the right to correct any inaccuracies without notice. Your reliance on the platform’s content and tools is entirely at your own risk.

To the fullest extent permitted by law, MindWeal will not be liable for any damages, including direct, indirect, special, consequential, or incidental damages, lost profits, data loss, or claims from third parties, arising from your use or inability to use the platform. Even if we were advised of potential damages, MindWeal is not responsible for them. Your sole remedy for dissatisfaction with the platform is to stop using it. By using this platform, you expressly release MindWeal from any liability related to your use of the platform or its contents.

8. Information that you provide via this Platform.

A. Our right to monitor activity on our Platform.

We have the right, but not the duty, to monitor your use of this Platform, including any information you provide through it. You are responsible for the information that you send, submit, or provide through our Platform. You agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invasive of another’s privacy, or violative of any law or confidentiality agreement. 

We may or may not affirmatively monitor the information provided through this Platform, but if such information is brought to our attention, we may edit, delete, modify, or ban the information, and/or take legal action against you.

B. Your consent to electronic communications.

If you provide MindWeal with your email address and phone number, you consent to receive unencrypted and unsecured email communications from us. You agree that any notices, agreements, disclosures, or other communications that we send you via email or text messages satisfy any legal communication requirements.

Any information that you provide to MindWeal or by email may be misdirected or intercepted by unintended recipients. Therefore, email may not be a confidential means of communication. If you have confidentiality concerns, please do not transmit any sensitive or confidential information to us via email. Use the MindWeal platform/web app to send messages that contain any confidential information or Protected Health Information (PHI)

C. Your consent to our communication policy.

At MindWeal Health, we are committed to helping families achieve their child’s mental and emotional wellness. Communication is key to achieving this goal, and we use a variety of tools to enhance communication and provide essential treatment information. These tools include secure messaging, email, phone calls, and text messages. By using our platform, you consent to the communication methods described below, along with the responsibilities expected of you.

Modes of Communication

At MindWeal Health, we utilize several secure communication methods:

(A) Secure Messaging System: We primarily use the MindWeal platform/web app to send encrypted, HIPAA-compliant text messages containing your Protected Health Information (PHI). This is our recommended method for secure and timely communication.

(B) Email Communication: Occasionally, we will email you through our EMR system or official business account. While our emails comply with HIPAA standards, we recommend that you protect your side by securing your devices and refraining from storing email passwords in browsers. You may also contact us at contact@mindweal.com.

(C) Phone Calls: You can reach us at 618-310-0085 during office hours (8 AM to 5 PM on weekdays). Voicemails received during these hours will be returned within one business day, and voicemails left outside of these hours will be addressed on the next business day. In some cases, we may respond to voicemail with a secure message via the MindWeal platform.

(D) Text Messages: We will send text messages for appointment updates, reminders, and notifications related to your treatment plan. These are primarily for keeping you informed of key actions and appointments.

Your Responsibilities

To ensure that communication is secure and effective, your participation is required. By agreeing to this policy, you acknowledge the following responsibilities:

(A) The Primary Guardian listed in the patient’s records will be our main point of contact for all notifications and reminders. The Primary Guardian is responsible for sharing information with other guardians as necessary.

(B)You must ensure that your phone number and email address are up-to-date and notify us immediately of any changes to your contact details.

(C)You are expected to regularly check your messages and respond as necessary to maintain effective communication.

(D) You must review and follow the steps provided in this guide to safeguard your Protected Health Information (PHI).

Time Frame for Response to Patient Communication

MindWeal operates Monday to Friday, 8 AM to 5 PM, excluding weekends and holidays. All communications received during business hours (secure messages, emails, or phone calls) are typically addressed within one business day, though our policy allows up to two business days for a response. For faster replies, we recommend using the secure messaging system via the MindWeal platform. Communications received after business hours or on holidays will be addressed on the next business day. Please note, we do not offer after-hours services. In case of emergencies, contact 911 or visit your nearest emergency room.

Completing the onboarding process, including demographic information, signing consent forms, completing health and wellness questionnaires, and providing vital signs, does not guarantee communication from us. Furthermore, any information provided by beta features such as the root cause analysis generated by the MindWeal Comprehensive Assessment Tool (M-CAT), iMCAT score, or Wellness score is provided “as is,” meaning it is offered without any guarantee of accuracy, completeness, or reliability. These tools are only preliminary and do not replace comprehensive clinical assessments. You understand that using these features does not automatically trigger communication from us, and any questions related to information provided by these tools should be addressed directly with your healthcare provider by using one of the communication tools mentioned above. 

By continuing to use MindWeal’s platform, you acknowledge and agree to this communication policy and the responsibilities outlined above.

9. Links to third-party Platforms.

This Platform may occasionally provide links to third-party platforms/websites/apps. By clicking on these links, you agree that we cannot control the information presented on such third-party platforms/websites/apps and are thus not responsible if you choose to follow those links. Although we may use third-party platforms/websites/apps in the provision of our telehealth services, such platforms/websites/apps are not maintained by, nor are they related to MindWeal.

By clicking on such links, you agree that we are not responsible for their content, regardless of whether your access is provided by MindWeal or by another third party. We do not guarantee the accuracy, timeliness, or suitability of the content of any third-party platform/website/app.

Any links that we provide to third-party platforms/websites/apps should not be construed as endorsements of the products, services, or sponsoring organization of that linked platform/website/app. Your sole and exclusive remedy for claims arising from any such third-party products or services is against that third party. MindWeal is not responsible for these claims.

A. Third-party Platforms may link to this Platform.

MindWeal hereby grants third-party platforms/websites/apps the limited right to link to its Platform. This limited license does not permit third-party Platforms to use “framing” technology to capture MindWeal’s Content, and it does not permit any activity that could create a misimpression or confusion among users with respect to sponsorship or affiliation. If your platform/website/app provides a link to this Platform, please notify MindWeal within 72 hours of placing such a link. You agree to remove the link and any reference to MindWeal if we make such a request, and you agree to comply with such requests within 24 hours.

10. Do not submit ideas, suggestions, or other Creative Material.

Do not send us any ideas, suggestions, materials, concepts, or other information (collectively “Creative Material”), unless we ask you to do so. If you violate these Terms & Conditions, any Creative Material that you send to us will become MindWeal’s property. This means that we will have unrestricted use of the Creative Material for our personal and commercial purposes. Regardless of how we use that Creative Material, you will not be compensated, and we will not be liable to you or to any other person involved with developing the Creative Material.

If you send Creative Material to MindWeal, you agree: that you waive your rights to the Creative Material; that the Creative Material is original to you; that you have the right to submit the Creative Material to us; and that you have no recourse against MindWeal for any alleged or actual infringement or misappropriation of any proprietary right in any Creative Material. We are not obligated to maintain the confidentiality of any Creative Material. MindWeal further disclaims any liability that may result from its disclosure of any Creative Material which is submitted in violation of its policy.

You further agree not to: send us any Creative Material that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information; send us an unreasonably large amount of Creative Material that overloads or burdens our servers, or otherwise interferes with or inhibits any other user from using or enjoying this Platform; send us any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications; access, use, or copy any portion of the Content using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; and/or impersonate another person or allow any other person or entity to use your identity while interacting on MindWeal’s social media, as defined in its Privacy Policy.

11. Your agreement to indemnify MindWeal.

You agree to indemnify MindWeal against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney fees and costs) arising out of any third party’s claims that relate to your use of this Platform.

12. Our operation of this Platform.

We make all reasonable efforts to keep this Platform operational and available. These efforts are subject to scheduled maintenance, unscheduled maintenance, and system outages. We do not provide any assurance or warranty that: access will always be available; service will be uninterrupted; its operation will be error-free; any defects will be corrected; or that our Platform’s servers are free from viruses or other harmful components. You agree to assume the entire cost of servicing, repairing, or correcting your property as might be necessitated by your use.

13. Online privacy and Communications

A. Compliance with online communications privacy laws.

We are committed to complying with all applicable laws concerning online communications privacy, including the Health Insurance Portability and Accountability Act (HIPAA). Our platform is designed and maintained to meet HIPAA standards, ensuring that your health information is securely handled and protected against unauthorized access.

While we have implemented advanced security measures, including encryption, secure access controls, and continuous monitoring to safeguard your information, no system can be entirely immune to potential breaches. By using this platform, you acknowledge and agree that MindWeal cannot guarantee the absolute security of your data and is not responsible for any unauthorized access or data breaches that may occur despite our best efforts.

We encourage you to review our Privacy Policy to learn more about how we ensure the privacy and security of your health information on our platform.

14. Our proprietary rights to this Website.

A. Copyright and trademark protections.

This Platform’s Content is protected by applicable copyrights, trademarks, service marks, patents, or by other proprietary rights and laws. By using the Platform, you agree not to sell, license, rent, modify, copy, distribute, reproduce, transmit, redistribute, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content. Your use of the Content for any purpose that is not expressly permitted by these Terms & Conditions is prohibited.

B. No reproduction of this Website’s Content.

Reproduction, replication, or redistribution of any of the Content for commercial purposes is prohibited.

15. Disclaimer for visitors’ health or injuries.

A. Waiver of claims against MindWeal.

You understand that MindWeal is not responsible for any injuries that you sustain through its Content. You expressly waive any claim for any injury at any time against MindWeal, or any person or entity involved with MindWeal, including, without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives.

B. No warranty or guarantee of outcome.

MindWeal works to provide accurate information on this Platform. However, we may include testimonials and/or examples on this Platform from persons whose health concerns are distinct from yours. These are not guarantees that you will achieve comparable results by undertaking a comparable program. Your results will depend upon your personal background, effort, overall health, medical history, providers, and many other factors that are beyond the scope contemplated by this Platform.

MindWeal DOES NOT guarantee or warrant that you will have any specific result.

16. Intellectual property infringement.

MindWeal respects intellectual property rights. If you believe that information on our Platform constitutes a copyright or trademark infringement, please provide us with the following information: (1) the claimed infringement; (2) reasonably sufficient information to allow us to locate the claimed infringement on the Platform; (3) the owner or complaining party’s contact information, including name, address, and email address; (4) the owner’s signature; (5) a statement by the owner that the owner has a good faith belief that the use of the copyright or trademark is not authorized by the copyright or trademark owner, its agent, or the law; (6) a statement, under penalty of perjury, that the information is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Pursuant to a valid DMCA takedown notice, MindWeal will notify you if we have removed copyright protected material.

Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

17. No assignment of Terms & Conditions.

MindWeal may assign or transfer these Terms & Conditions or licenses without notice. However, they are not transferable by you to others.

18. Enforcement of Terms & Conditions.

A. Conflicts governed by Illinois law.

Any adversarial proceedings which arise out of these Terms & Conditions will be governed by the laws of the State of Illinois without giving effect to its principles of conflicts of law. If a Website visitor takes legal action against us relating to these Terms & Conditions, our Privacy Policy, or that visitor’s interactions with or relationship to MindWeal, that visitor agrees to file such action only in the state and federal courts located in the State of Illinois in Saint Clair County.

B. Treatment of unenforceable provisions.

By using this Platform, you agree that if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded. You agree that, if an unenforceable provision is modified or disregarded in accordance with this paragraph, then the rest of these Terms & Conditions will remain in effect as written. And you agree that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.

C. Validity of waivers of these Terms & Conditions.

Any waiver of these Terms & Conditions or our Privacy Policy is valid only if it is in writing and signed by a principal of MindWeal. No such waiver shall be deemed a further or continuing waiver of such term or any other term or condition of use.

D. Entirety of the agreement between visitors and MindWeal

These Terms & Conditions and our Privacy Policy constitute the entire agreement between you and MindWeal relating to this Website. They do not, however, create any relationship between you and MindWeal beyond that which is contemplated in these policies.

E. Amendments & modifications to these Terms & Conditions.

MindWeal may amend or update the Website, these Terms & Conditions, or its Privacy Policy at any time without prior notice. If you use this Website after any changes, you demonstrate your agreement to be bound by the changes.

19. Affiliates disclaimer.

Pursuant to the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255 Sections 255.0 through 255.5, we reserve the right to provide links on this Platform that may be affiliated links. This means that MindWeal may be paid if you purchase products or services through affiliates’ links.

MindWeal only provides affiliated links for products or services that its principals have personally used and believe will add value to its visitors.

20. Your agreement and acknowledgment.

By your continued use of MindWeal’s Platform, you understand and acknowledge that you have read the Terms & Conditions, and you agree to be bound to them.