Effective Date: April 20, 2024
Welcome to shrinkMD
Access to and use of the services offered at http://www.shrinkMD.com (“Site”) are governed by the following Terms of Use (“Terms”). By using our Site, you consent to these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you disagree with any of these terms, you are prohibited from using or accessing this site. We may revise these Terms at any time without notice. By using this website, you are agreeing to be bound by the then-current version of these Terms.
General Information is Not Medical Advice
The information provided on this site is for educational and informational purposes only and should not be considered as medical advice, diagnosis, treatment, or care. Always consult with a qualified health provider about any health concerns or before starting new treatments.
Medical and Mental Health Emergency
Do NOT use the website for medical emergencies. If you have a medical emergency, call a physician or qualified healthcare provider, present to your nearest emergency room or call 911 immediately. For mental health emergencies present to the nearest emergency room or dial 988. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Website. This website is not designed to, and does not provide medical or professional diagnosis, treatment, or advice. Never disregard professional medical advice or delay in seeking it because of something you read on this website. Never rely on information found on this website in place of seeking professional medical advice.
Nature of Services
shrinkMD offers virtual psychiatric and therapeutic services tailored to your needs. The features of the Services may change, and we may discontinue parts of the Services at our discretion. Changes will be communicated through updates posted on our Site. Reasonable efforts will be made to communicate changes are communicated appropriately. We provide a platform to learn about mental health, reviewing information on mental health, and connecting with a licensed healthcare provider for treatment. The services offered can be therapy, education, or medication management which may or may not be recurring in nature. Treatment is monitored throughout treatment by the healthcare personnel and the patient.
Healthcare Treatment
Our Services are available in designated states where shrinkMD is licensed and include mental health diagnoses, medical advice, and psychiatric treatments. Services are provided based on the professional discretion of licensed healthcare providers. shrinkMD serves as a platform and way for you to see a healthcare provider and receive mental health care. We do not prescribe controlled substances. It should be noted that any treatment provided is done so at the discretion of the professional healthcare provider seen.
No Physician-Patient Relationship
The use of our site does not create a physician-patient relationship. This site is not intended to solicit clients for medical services. Any interaction with our content does not constitute a formal care relationship unless explicitly stated in the terms of engagement with specific providers.
Use Agreement
Utilizing our Services implies your acceptance of these Terms, which also extend to bind your successors and any legal representatives. If you find these Terms unacceptable, you are advised to immediately discontinue use of the Services.
Changes to Terms
We reserve the right to modify these Terms at our discretion. Updates will be communicated by posting the revised Terms on our website or through direct communication. Regularly reviewing these Terms is crucial when accessing our Services to ensure awareness of any changes. Continuing to use the Services after updates have been made constitutes acceptance of the new Terms. If you do not agree with the revised Terms, please stop using the Services. We may also make changes to, or discontinue, parts of our Services without prior notice, at our discretion.
Eligibility and User Registration
To access our Services, you must be at least 18 years old, or if you are between 13 and 17 years old, you must have the consent of a parent or guardian. When creating an account, it is imperative that you provide complete and accurate information. You are solely responsible for maintaining the secrecy of your account credentials and for all activities that occur under your account. Our services are not available to individuals under the age of 13.
Feedback
We appreciate your input on improving our Services. You can provide us feedback by emailing us at our email address on our website. When you share your feedback, you authorize us to use it freely. Specifically, you provide us with a worldwide, perpetual, irrevocable, and royalty-free license, with the right to sublicense, to use, modify, reproduce, and create derivative works from this feedback under any intellectual property rights you may hold. This enables us to utilize your suggestions to enhance our Services in any way.
Payment
Payment is required for certain services prior to being seen and you may choose to purchase a subscription. Payment details are provided at the time of purchase and will include all applicable fees and taxes. When you engage in any transaction with us, such as subscribing to our services or incurring additional fees, you explicitly authorize us—or our designated third-party payment processor—to charge your provided payment methods. To complete any transaction, you may need to provide us with essential payment information including your credit card details, expiration date, and contact information for billing purposes. You confirm that you are authorized to use the payment method you provide. As transactions proceed, we might share your payment details with our trusted partners to process payments, including any applicable taxes and other charges.
If you decide to subscribe, you will be billed a recurring subscription fee, which will be charged at the start of your subscription and monthly thereafter at the current rate, using the payment information you have provided. This billing cycle continues each month on your subscription anniversary until you choose to cancel. By subscribing, you accept that these charges will be recurring and acknowledge your responsibility for them until you or we terminate the subscription. The subscription will remain active until you cancel or if we terminate it based on our terms.
Subscription and Cancellation
You are entitled to a complete refund if you cancel a transaction at least 24 hours before your first scheduled session with a healthcare provider. Beyond this window, all purchases become non-refundable. Should unforeseen circumstances arise, we retain the right to cancel a transaction at any stage before service delivery and will issue a full refund for any payments already made. You can cancel your subscription at any time, which will be effective at the end of the current subscription cycle. Note that no refunds will be provided for any subscription fees once the cancellation window has closed. To initiate cancellation, please contact us via the email provided on our website. After cancellation, you will retain access to the services until the end of the current billing period, after which your subscription will end without further charges. All fees for the current subscription period remain your responsibility.
Fees
You agree to fulfill payment for all applicable fees, such as charges for missed appointments or delayed rescheduling (“Other Fees”), in accordance with your established billing cycle. By entering your payment details, you grant us permission to use this information to manage and process payments for your subscription. It is your responsibility to keep your payment details up to date within your shrinkMD account.
No-Show and Cancellation Policy
You agree to fulfill payment for all applicable fees, such as charges for missed appointments or delayed rescheduling (“Other Fees”), in accordance with your established billing cycle. By entering your payment details, you grant us permission to use this information to manage and process payments for your subscription. It is your responsibility to keep your payment details up to date within your shrinkMD account.
User Credentials and Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately if you suspect any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account information.
Use of Services
We encourage you to utilize our Services for personal, non-commercial use. Upon your agreement to these Terms, you receive a restricted, personal, non-exclusive, and non-transferable license to access and utilize the Services according to the terms set forth herein and any other contracts you may have with us. You are granted no further rights to the Services or any content therein (“Content”), and you are prohibited from altering, copying, modifying, creating derivative works from, reverse engineering, enhancing, or exploiting any of the Services or Content in any way. Violation of any Terms may result in termination of your Services and/or Subscription at our discretion.
Consistent Care and Follow Up
To achieve the best outcomes and fully benefit from our Services, maintaining consistent interaction with your Healthcare Provider(s) is crucial. Upon initiating your treatment plan, you should arrange a video consultation with your psychiatrist or therapist within the first 30 days to establish a baseline of care. Following this initial meeting, it’s required that you consult with your psychiatrist at least every 180 days and have therapy sessions at least every 60 days via video call to maintain your care continuity. Failure to follow this schedule may lead to a temporary suspension of certain services. This could include, but is not limited to, disabling your ability to message your provider or complete check-ins through the Member Portal. Service features will be reinstated promptly once you book and attend a makeup session with your Healthcare Provider according to the overdue schedule. Please be aware that if there’s a lapse of six months or more since your last session, you might need to re-enroll as a new patient, which includes the associated costs. Attendance at scheduled appointments is essential to retain continuous access to all service features and is essential for your mental health stability.
Acceptable Use Policy
You are required to use the Services solely for personal, non-commercial purposes. By agreeing to these terms, you commit to not engage in activities that:
- Breach any laws or regulations at the local, state, national, or international levels.
- Engage in any form of stalking, harassment, or harm to others.
- Illegally collect or store personal data about other users or any individuals.
- Falsely impersonate any person or entity, or falsely represent your relationship with any
person or entity. - Disrupt or interfere with the operation of the Services, including the servers and networks
connected to the Services, or disobey any operational rules, policies, or procedures of those
networks. - Illegally access any part of the Services, or any other systems or networks connected to the
Services, through hacking, password mining, or other illicit means. - Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation
with a person, entity, or the Services.
Violations of these usage standards may lead to termination of your access to the Services and may expose you to civil and criminal penalties.
Intellectual Property Rights
You acknowledge and agree that shrinkMD and its licensors retain all ownership, legal rights, and interest in the website and its services, except as expressly granted to you. All content, including texts, images, software, and other materials, is protected by intellectual property laws. You are not permitted to reproduce, redistribute, modify, or use any content without explicit written permission from us or the content’s rightful owner, unless allowed by mandatory legal provisions. Unauthorized use may result in termination of your access to our services.
External Resources
Our services may include links to external websites or resources for your convenience. We do not endorse and are not responsible for the content, products, or services available through these third-party sites. The presence of these links does not imply our responsibility for the linked sites. You bear all risks associated with accessing and using these external sites and resources.
Service Termination and Modifications
You can end your subscription at any time for any reason by following the cancellation guidelines detailed. Similarly, we reserve the right to terminate, adjust, limit, or suspend your access to our Services, your account, or registration at any time, without notification, for any reason. Please be aware that terminating your account or subscription does not entitle you to a refund and may result in the deletion of your data and any content you have posted using your account.
Disclaimer of Service Warranties
All services and content provided by us at shrinkMD are available strictly “as is” with no warranties. We expressly exclude all implied warranties, including those of merchantability, fitness for a particular purpose, and non-infringement. We also exclude any warranties arising from any other dealings or usage of trade. There is no assurance that the services will fully meet your requirements, that they will be uninterrupted, completely secure, or error-free. We also do not guarantee the accuracy, completeness, reliability, timeliness, or truthfulness of any content associated with the services.
Medical Disclaimer
shrinkMD does not validate or endorse specific medications, tests, healthcare professionals, any products, or medical procedures. It does not endorse opinions or off-label drug uses mentioned in our services. Our platform is not intended as a replacement for face-to-face medical care and should not be used in emergency situations. Furthermore, any medical treatment delivered via our services is customized based on an individual assessment by our qualified healthcare providers, designed to complement existing medical advice and treatments. Always consult with a healthcare professional for urgent health issues or before starting a new treatment regimen.
User Responsibilities and Indemnification
As a user, you are responsible for safeguarding the integrity of the services and content provided by shrinkMD. You agree to indemnify, defend, and hold harmless shrinkMD, its affiliates, officers, directors, employees, physicians, agents, licensors, and their respective successors from all liabilities, claims, costs, or damages arising from your use of our services or any related content. This includes, but is not limited to, any legal fees resulting from your breach of these terms or damages incurred by shrinkMD because of your actions; your misuse of the platform; or your interaction with, or connection to any linked websites. This indemnification obligation will cover any activities where you fail to comply with legal standards, misuse the services provided, or infringe upon the rights of any third parties through your use of our platform.
Exclusions and Limitations of Liability
shrinkMD, its affiliates, directors, employees, agents, and licensors disclaim all liability for any damages, whether direct, indirect, incidental, punitive, or consequential, that may arise from your use of our website and services. This includes, but is not limited to, losses related to business interruption, personal injury, wrongful death, inaccurate diagnosis, or loss of information resulting from your use or inability to use our platform, irrespective of the negligence (either anticipated or unanticipated) of shrinkMD, even if advised of such potential damages. shrinkMD’s cumulative liability to you, for any and all claims relating to the use of the website and services, will not exceed the greater of $100 or the total amount of fees paid by you to shrinkMD within the five months prior to the claim.
This limitation of liability is comprehensive and applies to all forms of damage including negligence and other torts, direct and indirect damages, and breach of contract. This limitation shall also extend to any losses incurred due to the actions or omissions of third parties involved with the use of the website. These limitations are foundational to the agreement between you and shrinkMD and apply even if the prescribed remedies fail their essential purpose. By using shrinkMD’s services, you recognize that the limitations outlined here are reasonable and that shrinkMD would not be provided without such limitations.
Governing Law and Jurisdiction
All disputes arising under these Terms will be resolved through binding arbitration in accordance with the rules of a recognized arbitration association in the jurisdiction where shrinkMD is headquartered. The interpretation and enforcement of these Terms, as well as any disputes related to or arising from them, are governed by the laws of the State of Florida, excluding its conflict of laws principles. Any legal actions, whether in court or arbitration, arising out of or relating to these Terms or the services provided by shrinkMD, must be commenced in the state or federal courts located in Miami-Dade County, Florida, except for disputes mandated to arbitration as delineated in a subsequent section. By using our services, you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Resolution of Disputes
All disputes, claims, or controversies arising out of or relating to this agreement, or the services provided by shrinkMD must be resolved exclusively through binding arbitration in Miami, Florida or where shrinkMD is headquartered, conducted according to the prevailing rules of a recognized arbitration institution chosen at the time of dispute. This agreement precludes you from joining claims in a class action or any other collective litigation. The parties explicitly exclude the application of the Federal Arbitration Act to their arbitration agreement. Should arbitration efforts fail or be refused, the parties agree to submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida or where shrinkMD is headquartered, for judicial proceedings to enforce the arbitration ruling. Additionally, shrinkMD retains the right to seek injunctive or other urgent legal relief in any jurisdiction when necessary. In disputes where the total claim is less than $10,000, the disputing party may opt for a streamlined, non-
appearance-based arbitration process. Each party acknowledges the waiver of any rights to participate as a plaintiff or class member in any purported class action or representative legal action. The arbitrator is not permitted to consolidate
Electronic and Postal Correspondence and Notification
By utilizing our services, you consent to receive electronic communications from shrinkMD, which may include emails and text messages regarding service-related notices, transactional information, fees, charges, and other relevant updates. These messages, typically unencrypted, are integral to our ongoing relationship and are designed to meet all legal requirements for written communication. Although there’s a small risk that such communications could be intercepted by unauthorized parties during transmission, we take steps to ensure your privacy is maintained. You also agree to accept traditional postal mailings from shrinkMD, which may occasionally include engagement materials such as welcome kits designed to enhance your understanding of our services. You maintain the right to opt out of receiving marketing communications at any time, ensuring you control the information you receive from us.
Severability of Terms
If any provision or specific term of this Agreement is found to be invalid or unenforceable by a court, such invalidity or unenforceability will not affect the validity or enforceability of any other terms or provisions of the Agreement, which will remain in full force and effect. Any unenforceable or invalid part will be deemed severable from the remaining terms, maintaining the integrity and intent of the agreement.
Waiver
If any provision or specific term of this Agreement is found to be invalid or unenforceable by a court, such invalidity or unenforceability will not affect the validity or enforceability of any other terms or provisions of the Agreement, which will remain in full force and effect. Any unenforceable or invalid part will be deemed severable from the remaining terms, maintaining the integrity and intent of the agreement.
Contact Information
For any queries or concerns regarding the Services or these Terms, please contact us through the support options provided on our website.
California User Consumer Rights
California residents can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs for complaints.
Modifications to the Services
shrinkMD reserves the right to modify or discontinue the Services with or without notice at any time. Emergency Protocols. Our Services are not for emergencies. In an emergency, contact local emergency services immediately.
Updates to Terms Based on Technological Changes
We review and update our Terms periodically to reflect changes in our practices and Services technologies.
Handling of Ethical Issues
shrinkMD commits to ethical practices in telepsychiatry. Concerns can be addressed through our specified channels. By accepting these Terms, you acknowledge that you understand and agree to all provisions. If you do not agree, you should not use the Services provided by shrinkMD. You can contact us on our website or by sending a message through your patient portal or email specified on the website. As far as California Electronic Commerce Act of 1984 applies, California users are advised that the technology and site are provided by shrinkMD with its primary mailing address as listed on our site. If you have a question or complaint regarding the technology or site, please contact us as described above. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by phone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700. Residents of other states can find contact information for their state’s respective consumer protection office at https://www.usa.gov/state-consumer.
