Terms & Conditions

Effective Date: January 1, 2026

Last Updated: January 1, 2026

Welcome to shrinkMD ("shrinkMD," "we," "us," or "our"). These Terms & Conditions ("Terms") govern your access to and use of shrinkMD.com and any related portals, services, and features (collectively, the "Site" and "Services").

By accessing or using the Site or Services, you acknowledge that you have read, understand, and agree to be bound by these Terms, and to our Notice of Privacy Practices and privacy disclosures (collectively, our "Privacy Documents"). If you do not agree, do not use the Site or Services.

We may update these Terms from time to time. Continued use after changes constitutes acceptance of the updated Terms.

1. IMPORTANT DISCLAIMERS

1.1 Educational Content Is Not Medical Advice

Information on the Site that is not part of a scheduled clinical encounter is provided for general informational and educational purposes only and is not medical advice. Do not use the Site as a substitute for professional diagnosis or treatment.

1.2 No Emergency Services

shrinkMD does not provide emergency care. Do not use the Site or Services for emergencies.

• If you believe you are in immediate danger or may harm yourself or someone else, call 911 or go to the nearest emergency room.
• For mental health crisis support in the U.S., call or text 988.

You are responsible for seeking emergency care when needed.

2. NATURE OF SERVICES AND PHYSICIAN-PATIENT RELATIONSHIP

2.1 What shrinkMD Provides

shrinkMD provides access to virtual psychiatric services delivered via telehealth by licensed clinicians ("Clinicians") in states where they are appropriately licensed and authorized to practice. Clinical services are provided by licensed healthcare professionals and, depending on state law and practice structure, may be delivered by or through professional entities that employ or contract with clinicians who use the shrinkMD platform.

Services may include, as clinically appropriate:

• Psychiatric evaluation and diagnosis
• Medication management (with limitations described below)
• Treatment planning and care coordination
• Referrals when indicated

2.2 When a Physician-Patient Relationship Exists

Viewing the Site or general educational content alone does not create a clinician-patient relationship. However, a clinician-patient relationship may be established when you schedule and complete a clinical intake and the Clinician accepts you for care, consistent with applicable law and clinical judgment.

Clinicians may determine, in their professional judgment, that the Services are not appropriate for you and may refer you to in-person care or emergency services.

2.3 Controlled Substances

shrinkMD Clinicians do not prescribe controlled substances through the platform. If a controlled medication is requested or clinically indicated, you may be referred to an appropriate in-person provider.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

3.1 Age Requirements

You must be 18 years of age or older to use the Services unless we explicitly offer services to minors in a particular state and you complete all required parental/guardian consents and intake processes.

We do not provide Services to children under 18.

3.2 Accurate Information; Account Security

You agree to provide complete, accurate, and current information. You are responsible for safeguarding your login credentials and for all activity under your account. Notify us promptly of suspected unauthorized access.

4. TELEHEALTH INFORMED CONSENT AND LIMITATIONS (CORE TERMS)

By using the Services, you consent to receive care via telehealth (audio-video) and acknowledge the following:

4.1 Telehealth Nature of Care

Your care will be delivered remotely using interactive audio-video technology. Telehealth may not be appropriate for every condition or situation.

4.2 Limitations and Risks

Telehealth involves certain limitations and risks, including:

• Technology failures or disruptions
• Delays due to connectivity or device issues
• Privacy risks associated with electronic communications
• Limitations in a Clinician's ability to perform certain physical examinations

4.3 Your Responsibilities During Telehealth Visits

You agree to:

• Participate from a private location whenever possible
• Use a secure internet connection when available
• Provide accurate contact information and location at the start of visits (important for safety planning)
• Notify the Clinician if others are present

4.4 Emergencies and Safety Planning

Telehealth is not appropriate for emergencies. If the Clinician determines you require a higher level of care or emergency intervention, you may be directed to local emergency services.

4.5 State-Specific Requirements

Telehealth laws vary by state. You agree to comply with and provide any additional consents or acknowledgments required in your state. If state law requires additional disclosures beyond these Terms, you will be asked to complete them in the intake packet or portal. shrinkMD may expand services to additional states over time. Applicable state-specific disclosures will be provided prior to or at the time services are offered in new jurisdictions.

4.6 Provider Licensure and Patient Location

Services are provided only when the patient is physically located in a state where the treating Clinician holds an active license and is authorized to practice. Patients must accurately disclose their physical location at the time of each session. Services may be suspended or terminated if location requirements are not met.

5. TECHNOLOGY, AUTOMATION, AND AI-ASSISTED TOOLS (DISCLOSURE)

shrinkMD may use technology tools to support operations and clinical documentation. These may include:

• Automated scheduling and messaging tools
• Clinical documentation support tools (including transcription or summarization)
• Quality and safety monitoring tools
• Security and fraud-prevention tools

Important: These tools are used to assist administrative and clinical workflows; they do not replace clinical judgment.

5.1 Data Handling and Safeguards

When technology tools process information associated with your care, shrinkMD uses contractual, administrative, and technical safeguards intended to protect confidentiality and comply with applicable privacy laws. Where required, we use appropriate agreements with vendors that handle protected health information.

5.2 Patient Choice and Questions

If you have questions about the technology used in your care, contact us before your visit. If a state requires specific consent regarding certain technology tools, we will provide a separate consent form. Use of the Services constitutes acknowledgment of these technology practices. Where required by law, additional patient acknowledgment or consent will be obtained.

(Additional detail is provided in our Privacy Documents.)

6. COMMUNICATIONS (EMAIL, TEXT, PORTAL)

By using the Services, you agree that we may communicate with you via:

• Secure portal messages
• Email
• SMS/text
• Phone calls

These communications may include scheduling, service updates, billing, and care coordination. You understand that standard email and text messages may not be encrypted and may carry privacy risks. You may opt out of marketing communications at any time, but you may not opt out of essential service communications without affecting your ability to receive Services.

7. PAYMENT TERMS (CASH-BASED PRACTICE)

7.1 Private Pay; Insurance Billing Through the Platform

shrinkMD operates on a private-pay basis. Fees are disclosed at checkout and/or on the pricing pages. You agree to pay all charges associated with Services you purchase, including applicable taxes or administrative fees.

Insurance participation, if any, is determined at the provider and service level and will be disclosed prior to care. Patients remain responsible for charges not covered by insurance.

shrinkMD does not currently accept, bill, or provide services to Medicare, Medicare Advantage, Medicaid, or other government-program beneficiaries, even on a private-pay basis. Patients are responsible for confirming whether they are enrolled in a government health program before seeking care.

7.2 Payment Processing

We use third-party payment processors. By providing payment information, you authorize us and our payment processors to charge your payment method for applicable fees.

7.3 Subscriptions and Memberships

If you enroll in a subscription or membership:

• You authorize recurring charges on the schedule disclosed at enrollment
• Your subscription remains active until canceled or terminated
• Pricing may change with notice consistent with applicable law and these Terms

Membership fees cover access-related and administrative services and do not guarantee the provision of any specific medical service or outcome. All clinical services remain subject to medical necessity and clinician judgment.

7.4 Refunds; Cancellation Window

Refund eligibility (if any) and timing requirements are described at checkout and/or in subscription terms presented at purchase. No refunds are provided after Services are rendered, and missed appointments may be non-refundable.

8. APPOINTMENTS, CANCELLATIONS, AND NO-SHOWS

You agree to comply with our scheduling and cancellation policies presented at the time of booking. Fees may apply for:

• Missed appointments
• Late cancellations
• Failure to complete intake requirements in time for a visit

We may require rescheduling or re-enrollment after extended lapses in care. Clinicians may require updated intake for clinical safety.

9. ACCEPTABLE USE

You agree not to:

• Use the Services for unlawful, abusive, harassing, threatening, or fraudulent purposes
• Interfere with the Site's operation or security
• Attempt unauthorized access to systems
• Misrepresent your identity, location, or eligibility
• Upload malware or exploit vulnerabilities

We may suspend or terminate access for violations.

10. INTELLECTUAL PROPERTY

All Site content and Services (excluding your own content) are owned by shrinkMD or its licensors and are protected by intellectual property laws. You receive a limited, personal, non-transferable license to use the Services for lawful personal use.

11. THIRD-PARTY LINKS

The Site may contain links to third-party sites. We do not control and are not responsible for third-party content, policies, or practices.

12. DISCLAIMERS; LIMITATION OF LIABILITY

12.1 "As-Is" Disclaimer

The Site and Services are provided on an "as is" and "as available" basis. We disclaim all warranties to the maximum extent permitted by law.

12.2 Clinical Care Disclaimer

Clinical services are provided based on a Clinician's professional judgment. We do not guarantee specific outcomes.

12.3 Limitation of Liability

Nothing in these Terms limits or excludes liability for personal injury, death, professional negligence, clinical malpractice, fraud, intentional misconduct, or any liability that cannot be limited or excluded under applicable law. Any limitation of liability applies only to non-clinical website use and non-clinical services.

To the maximum extent permitted by law, and subject to the paragraph above, shrinkMD will not be liable for indirect, incidental, special, consequential, or punitive damages arising out of your non-clinical use of the Site. For non-clinical website use and non-clinical services only, our total liability for any such claim will not exceed the greater of $100 or the amounts paid by you to shrinkMD in the three (3) months preceding the event giving rise to the claim.

(Some states do not allow certain limitations; in those states, this section applies to the fullest extent permitted.)

13. INDEMNIFICATION

You agree to indemnify and hold harmless shrinkMD and its affiliates, officers, directors, employees, and agents from claims arising out of your misuse of the Site/Services or breach of these Terms.

14. GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION

14.1 Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where federal law controls.

14.2 Arbitration Agreement; Federal Arbitration Act

PLEASE READ CAREFULLY. This section affects your rights.

This arbitration agreement applies only to non-clinical disputes arising out of or relating to these Terms or your use of the Site. It does not apply to, and you do not waive any right to bring in court, any claim for personal injury, death, professional negligence, or clinical malpractice. Any agreement to arbitrate clinical claims, if any, would be set out in a separate, state-compliant agreement signed at the time you establish care.

Subject to the paragraph above, and to the extent permitted by law, any non-clinical dispute arising out of or relating to these Terms or your use of the Site will be resolved by binding arbitration administered by a recognized arbitration provider (e.g., AAA or JAMS) under its applicable rules.

The Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this arbitration agreement.

14.3 Class Action Waiver

For non-clinical disputes only, you and shrinkMD agree to resolve disputes on an individual basis and waive the right to participate in a class action, collective action, or representative action. This waiver does not apply to clinical malpractice or personal-injury claims.

14.4 Venue for Court Proceedings

If a dispute is found not subject to arbitration, or for purposes of enforcing an arbitration award, the parties consent to the exclusive jurisdiction of the state or federal courts located in Miami-Dade County, Florida, unless prohibited by applicable law.

14.5 Injunctive Relief

Either party may seek temporary or injunctive relief in court for intellectual property infringement or unauthorized access to the Services.

15. SEVERABILITY; NO WAIVER

If any provision is held unenforceable, the remainder remains in effect. Failure to enforce any provision is not a waiver.

16. CONTACT INFORMATION

For questions about these Terms, contact us using the support options listed on the Site.

17. STATE-SPECIFIC CONSUMER NOTICES (LIMITED)

Certain states require specific consumer notices. Where applicable, additional notices may be provided in your intake packet or state-specific disclosures.

For California residents, consumer assistance resources are available through the California Department of Consumer Affairs.

ACKNOWLEDGMENT

By accessing or using the Site or Services, you acknowledge that you have read and agree to these Terms.