Terms of Use
IF YOU ARE IN A MEDICAL EMERGENCY OR IN A CRISIS SITUATION IMMEDIATELY DIAL 911.
www.psynoptic.com/emergency-resources
Last Updated: July 2024.
Please read these Terms of Use carefully as they govern your access to and use of Psynoptic Inc.'s (“Psynoptic,” “we,” “us,” “our”) website and any subdomains (www.psynoptic.com; our “Website”) and the services (“Services”) made available through our Website (collectively the “Platform”). By accessing and using Psynoptic, you acknowledge that you have fully read, understood, and agree to be bound by these Terms of Use as well as our Privacy Policy. If you disagree with any part of these Terms of Use or our Privacy Policy, you must not use our Platform or Services and should exit our website immediately.
Binding Arbitration
Psynoptic Inc. is dedicated to resolving any disputes amicably and efficiently. Should you encounter any issues with our Platform or Services, we encourage you to contact our support team for assistance. In the event that a dispute cannot be resolved to your satisfaction through our internal processes, both you and Psynoptic Inc. agree to submit to binding arbitration, foregoing the right to a trial by a judge or jury in a court of general jurisdiction.
Arbitration provides a less formal process than courtroom litigation and uses a neutral arbitrator instead of a judge or jury. The arbitrator’s decision will be binding and will adhere to the same legal standards as a court would, including adherence to the law on damages. By agreeing to these Terms of Use, you consent to the U.S. Federal Arbitration Act governing any arbitration proceedings, waiving your right to participate in class action lawsuits or jury trials.
To initiate arbitration against Psynoptic Inc., send a written notice of your claim to Psynoptic Inc. via certified mail within sixty (60) days of the incident. This notice must detail the nature of the claim and the remedy sought. If Psynoptic Inc. wishes to initiate arbitration against you, we will send you a notice to the address we have on file. If an agreement is not reached within forty-five (45) days of notice receipt, arbitration proceedings may commence or claims may be taken to small claims court.
Arbitration will be conducted under the AAA Rules accessible at www.adr.org or by calling 1-800-778-7879. The arbitrator is bound by these Terms of Use and any hearings will be held in the county of your billing address or, for those outside the United States, in a convenient location in your country of residence according to the AAA Rules. Location of Arbitration: Any arbitration will be conducted in the county of your billing address or, if you reside outside of the United States, in a convenient location in your country of residence, as determined by the AAA Rules.
If the arbitrator awards you more than Psynoptic Inc.’s last settlement offer, Psynoptic Inc. will pay the greater of the award or $1000. The payment of arbitration fees will follow the AAA Rules with each party bearing its own costs and attorneys' fees unless the law provides for fee shifting.
This arbitration agreement mandates that claims must be brought in an individual capacity, not as part of any class or representative proceeding. If any part of this arbitration agreement is deemed unenforceable, the remainder of the Terms of Use will remain in effect with any claims to be resolved in the state or federal courts of Florida. Both parties waive any right to a jury trial should the arbitration agreement be found unenforceable.
Not For Emergencies
The Platform and Services are not designed for medical emergencies or urgent situations. Please note the information provided on our Platform is intended for educational purposes only and should not be considered medical advice. Our Website does not participate in the practice of medicine or engage in medical decision-making. See “Services Provided” below for more information. If you are experiencing an emergency, call 9-1-1 immediately. Some additional emergency resources have been listed here for your convenience: www.psynoptic.com/emergency-resources
Privacy Practices
Your use of the Platform and Services is governed by our Privacy Policy (www.psynoptic.com/privacy-policy), which describes how we handle your information.
Users Must Be 18 Years or Older
If you are younger than 18, you must have your parent or guardian's permission to use our services. Any use of our Platform or submission of personal information by individuals under the age of 18 must be done with explicit parental consent. Psynoptic Inc. takes the privacy of minors seriously and complies with all applicable laws regarding the protection of children's information. Should we discover that any personal information has been collected from a child under 18 without appropriate parental consent, we will take steps to promptly remove such information from our records. Parents or guardians who suspect their child has provided us with their personal information without their consent are encouraged to contact us immediately to request the deletion of such information.
Services Provided – No Medical Care or Advice on Website
Our Website is not a medical provider and does not offer medical advice or care. Medical services accessed through our Platform are rendered by healthcare providers once a patient-provider relationship has been established during the initial appointment. Completing an assessment and/or submitting a request for a provider through our Website initiates a review by our team of experts to first determine if an individual is appropriate for our telehealth platform. However, the submission of an assessment and/or request for a provider does not establish a patient-provider relationship and therefore does not constitute medical care, and We are not obligated to establish a patient-provider relationship. Furthermore, medical care is provided exclusively during scheduled appointments or through direct communication between the patient and provider in between appointments. Our Website does not participate in the practice of medicine or engage in medical decision-making.
Risk of Telehealth Services
Using telehealth services involves risks that include but are not limited to: insufficient transmission of information for medical decision-making, electronic failures, and privacy breaches despite our extensive security protocols. By using the Services, you acknowledge these risks.
Ownership of the Platform and Content
The Platform houses a wealth of confidential and proprietary information encompassing materials, data, databases, content, processes, methodologies, expertise, software, textual content, visuals, audio, trademarks, logos, service marks, and their design selection and organization, all of which are owned by Psynoptic Inc., its licensors, or other content providers. This extensive array of content is safeguarded by both United States and international laws concerning copyright, trademark, patent, trade secrets, and other forms of intellectual property or proprietary rights (collectively referred to as “Content”).
​
Under these Terms of Use, you are granted the privilege to engage with the Platform solely for your personal and non-commercial endeavors. Direct reproduction, modification, distribution, the creation of derivative works, public display, performance, republication, download, storage, or transmission of any part of the Platform's Content except under the following conditions is strictly prohibited:
-
Temporary storage of materials in RAM incidental to accessing and viewing those materials.
-
Storing files automatically cached by your web browser for enhancing display.
-
Printing or downloading a limited number of Platform pages strictly for your personal non-commercial use, not for further reproduction, publication, or distribution.
You are expressly forbidden from altering or modifying any copies of materials obtained from the Platform or through the Services, using any visuals, photographs, video or audio sequences, or any graphics separately from the accompanying text, or erasing or changing any copyright, trademark, or other proprietary rights notices from Platform materials.
The use of framing techniques to encase any proprietary information of Psynoptic Inc., including but not limited to names, trademarks, logos, content, without our explicit written consent is prohibited. Additionally, you must not use any part of the Platform or its services or materials for outsourcing as part of a service bureau operation, for the advantage of third parties, or for any commercial purposes without the express written permission of Psynoptic Inc.
Violation of these Terms of Use will result in an immediate revocation of your rights to the Platform, obligating you to either return or destroy any copied materials at your disposal. No rights, titles, or interests in the Platform or its Content are transferred to you, and Psynoptic Inc. reserves all rights not explicitly granted. Any unauthorized use of the Platform constitutes a breach of these Terms of Use and could infringe upon copyright, trademark, and other laws.
Prescription Policy
Medications may or may not be prescribed by your provider depending on the results of your evaluation and assessment. If medications are prescribed, they will require a valid prescription by a licensed healthcare provider, which will only be issued after a comprehensive evaluation by your provider if they determine it to be appropriate. You agree that any prescriptions you receive will be solely for your personal use. You commit to fully and carefully reading all provided product information and labels and to contacting your provider, a physician, or a pharmacist if you have any questions regarding the prescription. Furthermore, you agree to thoroughly review the potential benefits, risks, and alternatives to your medications with your provider. Should you wish to discontinue a medication that has been prescribed, you agree to consult with your provider first to discuss a safe method to taper off and discontinue the medication responsibly.
Not an Insurance Product
Our services are not insurance products. Payments made to us for Services are not insurance premiums.
Availability of Services
The availability and provision of our services are subject to both state and federal regulations and as such may not be accessible in all states. By utilizing our Platform, you acknowledge that you are legally permitted under the laws of the United States and any relevant jurisdictions to enroll in and receive our services. The Platform is exclusively available to users situated within the United States in regions where our services are offered. Please be aware that the availability of our Platform and services can change and may be updated without prior notice.
Access Security and User Conduct
You are strictly prohibited from compromising or attempting to compromise the security of the Platform. This includes unauthorized access to data, servers, accounts, probing, scanning, or testing the vulnerability of systems or networks, and any unauthorized use of the Platform in breach of these Terms of Use or applicable laws.
The use of automated tools (such as scrapers, crawlers, spiders, or robots) to access, copy data, deep-link to features, or bypass our protective measures is forbidden. Any actions that threaten the Platform's integrity or security may lead to civil or criminal consequences. Psynoptic Inc. will actively investigate and work with law enforcement to address any security violations.
When accessing protected areas of the Platform that require a user ID and password, you must use only the credentials assigned to you and keep them confidential, not sharing them with others. You are responsible for all activities conducted under your user ID. Psynoptic Inc. reserves the right to revoke access at any time for any reason.
You must not upload, post, or transmit any content to the Platform that is false, harmful, illegal, or infringes on the rights of others. Any user information you provide must be accurate and lawful.
In submitting medical history, conditions, symptoms, personal information, or any other materials to Psynoptic Inc. via our Platform, you are required to ensure all information provided is truthful, accurate, and complete. The integrity of the information you share is paramount to the effectiveness of the care we provide. False, misleading, or incomplete submissions are not only a violation of our terms of use but can also gravely compromise the quality of your treatment and overall safety.
Psynoptic Inc. may de-identify your personal information, making it unrecognizable as protected health information or personally identifiable information. This de-identified data may be used for analysis, research, or other purposes without further consent.
Violating these security guidelines jeopardizes the Platform's integrity and may lead to your accountability for any resulting damage or legal action. You agree to defend, indemnify, and hold Psynoptic Inc. harmless from any claims, damages, or expenses arising from your misuse of the Platform or any breach of these Terms.
Account Registration and Responsibility
By using our Platform, you commit to: (a) submitting truthful, accurate, up-to-date, and complete information during the registration process and when creating your account ("Registration Information"); and (b) continuously updating your Registration Information to ensure it remains accurate, current, and complete. Should any of your provided information be found or suspected to be false, outdated, incomplete, or inaccurate, Psynoptic Inc. reserves the right to suspend or terminate your account. It is your sole responsibility to safeguard the confidentiality of your account passwords and to monitor all activity under your account. You are prohibited from sharing your account access or password with others as this poses a significant risk to the security of your account and personal information.
Integrity of Information
While Psynoptic Inc. strives to maintain the integrity and accuracy of the information provided on our Platform, we do not make any warranties or guarantees regarding the correctness or accuracy of the content. The Platform may contain typographical errors, inaccuracies, or other discrepancies, and it's possible that unauthorized changes could be made by third parties. Should you identify any inaccuracies, we encourage you to contact us so that we may address the issue. We reserve the right to make corrections to any inaccuracies without prior notice and may update or change information on the Platform at any time. Please note the information provided on our Platform is intended for educational purposes only and should not be considered medical advice. Psynoptic Inc. assumes no responsibility or liability for content that is contributed to the Platform by entities or individuals not affiliated with our organization.
Incorrect Pricing
Should a service be advertised at an incorrect price due to a typographical error or an error in pricing information received from our suppliers or business partners, Psynoptic Inc. reserves the right to refuse or cancel any orders placed for services at the incorrect price. This right stands regardless of whether the order has been confirmed or your credit or debit card charged. If your card has been charged for the purchase and we cancel the order, we will issue a prompt refund to your card in the amount of the charged incorrect price. Refund turnaround time is also determined by your financial institution.
Claims of Copyright Infringement
If you believe that your copyright or intellectual property rights have been infringed upon via our Platform, please notify Psynoptic Inc. with the following information within thirty (30) days: (1) A detailed description of the copyrighted work or intellectual property you claim has been infringed; (2) A detailed description of where the material you claim is infringing is located on our Platform; (3) Your address, telephone number, and email address where we can contact you; (4) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (5) A statement by you made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; (6) Your signature (either electronic or physical).
Orders and Payments
Prior to any transaction, an itemized invoice will be presented to you detailing the specific charges for the services you're about to receive. Psynoptic Inc. reserves the right to refuse or cancel any orders at our sole discretion and your account may be similarly restricted or terminated for any reason determined by us. Charges to your payment method occur only once your payment method is authorized and the order details have been confirmed for accuracy. Order cancellations may arise due to limited service availability, pricing inaccuracies, or issues flagged by our credit and fraud prevention team. Should additional verification or information be necessary to proceed with your order, we will promptly communicate with you. In instances where an order is canceled post-charge, a refund will be issued to the original form of payment for the exact amount charged.
Cancellation & No-Show Policy
Psynoptic Inc. is committed to providing timely appointments for our clients. By scheduling an appointment, you agree to our cancellation policy requiring at least forty-eight (48) hours’ notice for any cancellations or rescheduling. Failure to provide such notice or not showing up for your appointment will incur a fee equal to fifty percent (50%) of the scheduled service fee. This fee is necessary to compensate our providers for their reserved time. In the event of a cancellation fee or no-show charge, Psynoptic Inc. is authorized to charge the fee to the credit card on file for your account. This policy ensures that we can continue to offer high-quality care and availability to all our clients.
External Links
Psynoptic Inc. does not endorse, guarantee, or assume responsibility for the content found on external websites linked through our Platform. These external sites are independent and not under our control. We advise you to exercise caution and protect your devices from potential malware or viruses when accessing third-party sites. Accessing any external links from our Platform is done at your own risk, and Psynoptic Inc. will not be liable for any damages or losses incurred from such actions.
Consent to Receive Communications and Recordings
By supplying your mobile number, you consent to being contacted by or on behalf of Psynoptic Inc. at this number, including through calls and text messages, for receiving service-related communications such as progress updates and reminders connected with our Platform. Standard message and data rates may apply. To opt-out of receiving text messages, simply respond with "STOP," and we'll confirm your opt-out via text. Should you be enrolled in multiple messaging services from us, a "STOP" request may prompt us to ask which services you wish to discontinue to ensure we correctly process your preferences. Withdrawing your consent may affect the availability of certain Platform functionalities, and ceasing to receive text messages might mean missing out on important service information and reminders.
We 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 previously mentioned section on consenting to receive communications, you allow us to send you text messages, emails, newsletters, and other forms of communication in compliance with these acts. Our goal is to ensure that all communications you receive from us are within the legal standards set by the CAN-SPAM Act and the TCPA. If you ever receive a communication from us that you believe does not comply with these regulations, we encourage you to immediately reach out to us directly to address the issue.
Furthermore, Psynoptic Inc. reserves the right to audio and video record any part of your interactions with us for quality assurance, training, and service improvement purposes. Such recordings will be kept confidential and will not be disclosed publicly except if required by law, such as in response to a court order. By using our Platform, you grant your consent for these recordings to be made, acknowledging they are intended solely to enhance the services provided to you and to aid in the continuous improvement of our Platform as detailed in these Terms of Use and our Privacy Policy.
Electronic Communications
Engaging with Psynoptic Inc.'s Platform or communicating with us via email messages or other electronic means constitutes an electronic interaction. By using our Platform, you consent to receiving communications from us in an electronic format. You acknowledge and agree that: (a) any agreements and consents required during your use of our services can be completed electronically; and (b) any notices, disclosures, or other communications we send you electronically will meet all legal obligations for written documentation.
Psynoptic Inc. may reach out to you via telephone, mail, or email to confirm or verify your account information. Additionally, we may request further details from you to confirm your use of the Platform is legitimate. Failure to provide requested information within fourteen (14) days may result in the suspension, discontinuation, or denial of your access to our services until such information is provided. This process ensures the integrity of our Platform and the safety of its users.
External Services
Our Platform provides gateways to Psynoptic Inc.'s and third-party services and websites, including but not limited to social media platforms ("External Services"). Your engagement with any External Services is entirely at your own risk. Psynoptic Inc. does not undertake the responsibility to review, verify, or validate the content or accuracy of these third-party External Services and hence cannot be held liable for them. The information presented by our Platform or by any External Service, including financial, medical, and geographical data, is intended solely for general informational purposes and is not warranted for accuracy or completeness by Psynoptic Inc. or its representatives.
You are bound by these Terms of Use to refrain from using External Services in any way that could contravene these terms or infringe upon the intellectual property rights of Psynoptic Inc. or any third party. Misuse of External Services for harassment, abuse, stalking, threats, defamation, or any other harmful behavior towards individuals or entities is strictly prohibited, and Psynoptic Inc. disclaims any responsibility for such actions. Note that External Services may not support all languages or be available in every country, and their suitability or availability for use can vary by location.
Your decision to utilize any External Services is subject to your adherence to applicable laws. Psynoptic Inc. reserves the right to modify, suspend, or restrict access to any External Services without prior notice or liability.
No Third Party Rights
The provisions outlined in these Terms of Use are specifically designed to benefit and apply solely to you and Psynoptic Inc. There is no intention to bestow any rights, obligations, duties, or remedies on any third parties not explicitly mentioned herein. These terms do not aim to alter or dismiss any obligations or liabilities between third parties and you, Psynoptic Inc., or its affiliates. Additionally, no clause within these Terms of Use grants third parties any form of subrogation or the right to initiate legal actions against you, Psynoptic Inc., or its affiliated entities. The services and access to the Platform are offered exclusively for your personal benefit and are not intended for use or reliance by any unaffiliated third parties.
Indemnification
You agree to defend, indemnify, and hold Psynoptic Inc. and its affiliates harmless from any claims, liabilities, damages, losses, and expenses, including attorney's fees, arising from or related to your use of the Platform, breach of these Terms of Use or Privacy Policy, the information you provide, or any negligent or wrongful actions in your use of our services. This includes infringement of third-party rights or any harmful conduct associated with your interactions with Psynoptic Inc., our medical groups, or providers.
Disclaimer of Warranties
Psynoptic Inc. does not guarantee uninterrupted or error-free access to the Platform nor that any defects will be corrected. The Platform and all its contents, including services, are provided "AS IS," with all faults, without any kind of warranty, either express or implied. This includes but is not limited to implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and non-infringement. Psynoptic Inc. makes no warranties about the accuracy, completeness, or timeliness of the information accessible through the Platform.
You bear all responsibility and risk for your use of the Platform, its services, and any linked websites. Psynoptic Inc. does not ensure that files available for download will be free from viruses, worms, Trojan horses, or other harmful elements. It is your responsibility to enact sufficient procedures for data backup and security.
Any warranties regarding services provided, sold, or distributed by Psynoptic Inc. are governed by separate terms and conditions provided with those specific services.
Limitation of Liability
Psynoptic Inc. and any third parties mentioned on the Platform shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other damages, including without limitation those resulting from lost profits, data loss, or business interruption, arising from or in relation to the use or inability to use the Platform, its services, content, information contained within, or any linked websites. This applies regardless of whether the damages are based on warranty, contract, tort, or any other legal theory and whether or not there was advice of the possibility of such damages. If you are dissatisfied with the Platform, its content, or any of its services, your sole remedy is to discontinue using them. Should any part of these liability limitations be deemed unenforceable, the maximum total liability of Psynoptic Inc. to you for all damages, losses, and causes of action shall not exceed $1,000 (one thousand dollars).
Force Majeure
Psynoptic Inc. will not be considered in breach of these Terms of Use or our Privacy Policy nor liable for any delay or failure in performance resulting from causes beyond our reasonable control. This includes but is not limited to force majeure events such as natural disasters, pandemics, wars, government orders, or any other circumstances that significantly obstruct our ability to fulfill our obligations. In the event of such disruptions, we commit to notifying you within 30 days, outlining the expected duration of the impact. Our team will endeavor to mitigate the effects of these events and resume normal operations as swiftly as circumstances permit.
U.S. Export Controls
You agree to fully adhere to all applicable U.S. and international export laws and regulations to ensure that neither the Platform nor any related technical data nor any products derived from the use of the Platform are exported or re-exported in a manner that violates these laws and regulations. By utilizing the Services, you affirm and guarantee that you are not situated in a nation under U.S. Government embargo or identified as a "terrorist supporting" country by the U.S. Government and you are not on any U.S. Government list of banned or restricted entities.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
Intellectual Property
Copyright ©2024 Psynoptic Inc. All rights reserved. All trademarks, logos, and service marks ("Marks") displayed on the Site are either our property or belong to other third parties. You are not allowed to use these Marks without the prior written permission from us or the third-party owners of the Marks.
Revisions
Psynoptic Inc. retains the authority to terminate your access to all or part of the Platform at any time for any reason and with or without prior notice. If any provision of these Terms of Use is found unenforceable by a court or competent authority, such provisions will be modified or removed to the minimum extent necessary, ensuring that the remainder of these Terms of Use continues to be fully operative. These Terms of Use represent the complete agreement between Psynoptic Inc. and you regarding the Platform's use. Psynoptic Inc. may periodically amend these Terms of Use, posting updates here. It is advisable for you to review this page regularly to stay informed about any changes that may affect you. Your ongoing use of the Platform following any updates to these Terms of Use signifies your acceptance of those changes. Note that certain areas of the Platform may have specific legal notices or terms that override these Terms of Use.
Contact Information
Psynoptic Inc.
Email: support@psynoptic.com
Mailing Address: 522 S. Hunt Club Blvd. #163 Apopka, FL 32703.
By using our Platform, you agree to these Terms of Use, our Privacy Policy, and the provision of your information as described. Thank you for choosing Psynoptic Inc. for your mental health care needs.
​