Introduction

Welcome to Forward Psychiatry! These Terms of Service (“Terms”) govern your access to and use of Forward Psychiatry’s website, telehealth platform, and related services (collectively, the “Platform”). Forward Psychiatry (“Forward,” “we,” “us,” or “our”) provides direct-to-consumer online mental health services including therapy sessions, psychiatric consultations, prescription services, and digital mental health tools (“Services”). By accessing or using our Platform and Services, you agree to be bound by these Terms, as well as our Privacy Policy and Notice of Privacy Practices which are incorporated herein by reference. If you do not agree with these Terms or our privacy practices, please do not use the Platform or Services. We strive to present these Terms in a clear, compassionate, and patient-focused manner so you understand your rights and obligations while using Forward Psychiatry.

Healthcare Services and Scope of Practice

No Medical Advice or Provider-Patient Relationship:

Forward Psychiatry itself is not a medical provider and does not practice medicine or any other licensed profession – all clinical decisions and care are provided by independent licensed clinicians (“Providers”) who deliver services through our Platform. While Forward Psychiatry facilitates scheduling, payment, and telehealth technology, it does not give medical advice or treatment; any information on the Platform is for general informational purposes and is not a substitute for professional medical advice provided by your clinician. Using the Platform does not create a doctor-patient relationship between you and Forward (outside of your interactions with your chosen Provider). You should continue to consult your primary care provider or other healthcare professionals as needed, and always follow the advice of your treating clinicians for any medical or mental health decisions.

Professional Independent Providers:

The psychiatrists, therapists, and other Providers available through Forward Psychiatry are independent professionals who are solely responsible for the care they deliver to you. Forward Psychiatry carefully vets and partners with these Providers, but we do not control or direct their clinical judgment or the content of your sessions. Providers may have you review and sign additional Informed Consent documents or intake forms specific to treatment (e.g. telehealth consent), in compliance with healthcare regulations and good clinical practice. Forward Psychiatry’s role is limited to providing administrative support (e.g. the telehealth platform, customer service, appointment management, and payment processing) to enable the delivery of care by these independent professionals.

Not for Emergencies:

Our Services are not intended for use during medical or psychiatric emergencies. If you are in crisis or have an urgent health concern, call 911 or go to the nearest emergency room immediately. You must not disregard or delay seeking in-person medical advice based on anything from our Platform. The Platform does not connect you with emergency services and our Providers cannot offer real-time emergency intervention. You are expected to seek follow-up or emergency care when recommended by a Provider or when otherwise necessary.

Telehealth Service Limitations: By using telehealth services on our Platform, you acknowledge the potential risks and limitations of telehealth. These include, but are not limited to:

• Incomplete Information: The Provider may not have access to your full medical history or may not be able to gather all information that an in-person exam could provide (for example, they cannot physically examine you), which could result in misdiagnosis or suboptimal treatment.
• Technology Issues: Delays, interruptions, or quality problems with video/audio may occur due to internet connectivity or software issues, potentially causing a delay in evaluation or treatment.
• Security Risks: We use secure, encrypted communication protocols to protect your information, but data breaches or unauthorized access could conceivably occur if security measures fail, meaning your health information could be compromised.
• Lack of Physical Presence: In some cases, in-person assessment may be necessary. Telehealth is not appropriate for all conditions, and your Provider or Forward Psychiatry may determine that an in-person evaluation or referral to a specialist is needed for proper care.

You understand these risks and agree to proceed with telehealth Services. We advise you to discuss any questions about telehealth’s appropriateness with your Provider. Forward Psychiatry will make efforts to mitigate these risks (for example, by using HIPAA-compliant technology and obtaining detailed histories), but no telehealth platform can guarantee the same results as in-person care in every situation.

Not an Insurance Product:

Forward Psychiatry is not an insurance company and our Services are not an insurance plan. Any fees you pay to Forward Psychiatry are for the healthcare and platform services themselves, not insurance premiums. We do not submit claims to insurance on your behalf (unless explicitly stated for certain services), and having an account with Forward Psychiatry is not a substitute for health insurance. If you desire health insurance or reimbursement for our services, you are responsible for obtaining coverage independently and confirming whether your insurer will reimburse you for out-of-network telehealth services.

User Eligibility and Account Registration

Eligibility Requirements:

You must be at least 18 years old and capable of forming a binding contract to use Forward Psychiatry’s Services. Individuals under 18 may only use the Platform with the involvement of a parent or legal guardian, and the guardian must consent and agree to these Terms on the minor’s behalf. Forward Psychiatry does not knowingly allow children under 13 to create accounts; if you are under 13, do not attempt to register or provide personal information. If we learn that we have collected personal data from a child under 13 without parental consent, we will delete it promptly. Parents or guardians who set up an account for a minor patient are responsible for supervising that account and ensuring the minor’s compliance with these Terms.

Account Setup:

To access services, you will need to create a personal user account. You agree to provide truthful, accurate, current, and complete information during registration and to update your account information as needed. This includes your contact details, payment information, and medical history details requested for care. You are responsible for maintaining the confidentiality of your account login credentials. Do not share your password or account access with anyone not authorized. You agree to notify us immediately of any unauthorized use of your account or any security breach. Forward Psychiatry is not liable for any loss or damage arising from your failure to secure your account or password.

Account Security:

You must use particular caution when accessing your account from a public or shared device so that others cannot view or record your credentials or personal data. Logging out after each session is recommended. If you forget to log out or your session is interrupted, you remain responsible for any activities or transactions performed under your account. We may revoke or suspend access to your account if we suspect any unauthorized use or if you violate these Terms. In certain cases, we may require you to reset your password or take other steps for security.

User Responsibilities: By using our Platform, you agree to use it only for lawful purposes and in accordance with these Terms. You must not:

• Misrepresent your identity or impersonate any person or entity when registering or communicating on the Platform.
• Use the Platform to violate any applicable law or regulation, including but not limited to healthcare privacy laws and regulations on controlled substances.
• Attempt to access accounts or data that do not belong to you, or probe, scan, or test the vulnerability of our system or networks. Any attempt at unauthorized access or penetration testing is strictly prohibited.
• Disrupt or interfere with the Platform’s operation or any other user’s use of the Platform. This includes transmitting any malware, virus, worms, or harmful code, or engaging in any form of hacking, denial-of-service attacks, or email bombing.
• Use any automated scripts, bots, scrapers, or similar methods to collect information or otherwise interact with the Platform without our express permission (for example, no scraping of content or attempting to circumvent technical protections).
• Harass, threaten, or abusively communicate with Providers, staff, or other users. Inappropriate behavior, offensive language, or seeking services outside the Platform’s intended scope (such as soliciting prescriptions for non-medical use) is not allowed.
• Attempt to circumvent any security features or to decompile, reverse engineer, or disassemble any software or features used by the Platform.
• Use the Platform for commercial purposes not expressly permitted by Forward (for example, you may not resell our services or information, or use the Platform to recruit providers or patients to a competing service).

If you violate any of the above usage rules or any other provision of these Terms, Forward Psychiatry may terminate or suspend your account immediately and may take legal action if appropriate. You are also responsible for any consequences (legal, financial, or otherwise) arising from your improper use of the Platform.

Description of Services and Platform Use

Service Offerings:

Forward Psychiatry offers a range of mental health services via telehealth, including but not limited to: psychotherapeutic counseling sessions, psychiatric evaluations, medication management (e.g. prescribing of medications when appropriate), and access to digital mental wellness tools (such as therapeutic exercises, educational resources, or mood-tracking applications). We strive to clearly explain what each service entails. Services may vary by Provider – for example, some therapists may offer only talk therapy and not prescriptions, whereas psychiatric clinicians can provide medication management. All services will be delivered in compliance with applicable laws and professional standards. Forward Psychiatry operates subject to state and federal regulations, so note that certain services might only be available to users in jurisdictions where we and our Providers are licensed to practice. Currently, our primary service area is Massachusetts, USA, and users must be located in Massachusetts (or another state where our Providers are licensed) to receive clinical services. We do not render services to users outside the United States. If you are outside our service area, do not attempt to use the clinical components of our Platform.

Technology Platform:

Our Platform may include a website, web-based application, and/or mobile application that enables you to schedule appointments, communicate with Providers via secure messaging or video, access your health information, and utilize self-guided digital tools. You may need specific technology (such as a compatible computer or smartphone, internet access, a webcam, and a microphone) to use the telehealth Services. You are responsible for ensuring you have the necessary equipment and a reliable internet connection. We cannot guarantee that the Platform will function on all devices or with all operating systems – see our support page for recommended system requirements. From time to time, we may update the Platform, and these updates may be automatically downloaded to your device. By using the Platform, you grant Forward Psychiatry the right to deploy such updates and improvements.

Third-Party Services:

The Platform might integrate or link to third-party services (for example, secure video conferencing tools, pharmacy services, labs, or payment processors). These are provided for your convenience. Be aware that third-party websites or services have their own terms and privacy policies, and when you use them, you are subject to those separate terms. Forward Psychiatry does not control and does not endorse third-party websites or services that may be linked through our Platform. We are not responsible or liable for any content, products, or services provided by third parties. For example, if our site links you to an outside pharmacy or lab for fulfilling a prescription or test, any use of those services is at your own risk and subject to their terms. We advise you to review the terms and policies of any third-party services you access. That said, we aim to partner only with reputable, secure third-party providers (e.g., HIPAA-compliant technology services) to enhance our Services.

Professional Standards and Patient Conduct:

You agree to engage with our Providers in a respectful and honest manner. This includes providing complete and accurate medical history and information to the best of your ability, so that Providers can deliver safe and effective care. You also agree to follow Provider instructions and adhere to any care plans, including use of medications as prescribed. If you have questions or concerns about your treatment, you should communicate them to your Provider. We reserve the right to refuse or discontinue Services to anyone due to abusive, inappropriate, or non-compliant behavior (for example, if a patient repeatedly harasses staff or deliberately disregards medical advice in a way that could cause harm). Our goal is to foster a therapeutic, compassionate environment for both patients and Providers, and mutual respect is essential to achieving that goal.

Appointments, Cancellation, and Refund Policy

Scheduling Appointments:

Forward Psychiatry’s Platform allows you to book appointments with Providers at available times. Appointments may be scheduled as one-time sessions or recurring sessions as agreed with your Provider. You are responsible for attending all scheduled appointments on time. If you are late to a session, your Provider may choose to end the session at the originally scheduled end time, and you will still be charged for the full session. If a Provider needs to reschedule an appointment, we will notify you as soon as possible and offer alternative times.

Cancellation Policy:

We understand that sometimes you may need to cancel or reschedule an appointment. If you need to cancel, please do so at least 24 hours in advance of your scheduled appointment time (unless a longer notice period is specified by a particular Provider’s policy). Cancellations can be made through the Platform scheduling interface or by contacting customer support. Late Cancellations and No-Shows: If you cancel on short notice (inside the 24-hour window) or fail to attend a scheduled session without any notice (“no-show”), you may be charged a cancellation fee up to the full cost of the missed session. This no-show/late cancellation fee is necessary because your Provider has reserved that time for you and cannot easily fill it with another patient on short notice. We aim to be understanding of true emergencies or unavoidable events – if you missed a session due to a serious emergency or unexpected circumstance, please contact us or your Provider as soon as possible and we will evaluate whether a fee can be waived at our discretion. Consistently missing or late-cancelling appointments may result in Forward Psychiatry limiting or terminating your access to scheduling future sessions.

Provider Cancellations:

If your Provider must cancel or reschedule (due to illness, emergency, etc.), we will make reasonable efforts to notify you in advance. You will not be charged any fee for a Provider-initiated cancellation, and we will work with you to reschedule or find a replacement Provider as needed. Forward Psychiatry strives to ensure continuity of care and minimize disruptions.

Refund Policy:

Charges for completed services (e.g., a therapy or psychiatry session that took place) are generally non-refundable. However, if you believe you were charged in error or did not receive the service you paid for, please contact us to dispute the charge within 30 days of the appointment date. We will investigate refund requests in good faith. Forward Psychiatry may offer refunds or credits on a case-by-case basis at our discretion, especially in situations such as: a technical failure prevented the session from occurring, you were mistakenly charged when you shouldn’t have been, or other extenuating circumstances. If a refund is approved, it will typically be issued to the original payment method within a reasonable time (e.g., 5–10 business days). If your Provider agrees that a late cancellation or no-show fee should be waived or refunded (for example, due to a true emergency on your part), we will honor the Provider’s decision in reversing the charge.

Please note that any disputes regarding fees (including no-show fees or insurance billing issues) should be raised as soon as possible. If you have concerns about a charge, you can reach out via the Platform or by contacting our billing support. Our goal is a fair resolution for all parties.

Fees, Billing, and Payment Terms

Fee Transparency:

You will be informed of the fees for Services prior to scheduling or purchasing. Forward Psychiatry’s fees may include charges for therapy sessions, psychiatric evaluations or follow-ups, and any subscription or access fees for digital tools if applicable. We strive to keep our pricing transparent – when you book a service, you will see the rate for that session or service (for example, a 50-minute therapy session at $X). By confirming an appointment or service, you agree to pay the associated fees. Any applicable taxes or government-imposed fees will be included or itemized where required by law.

Payment Process:

Payments are typically processed via our Platform using the credit card or other payment information you provide. By providing a payment method, you authorize Forward Psychiatry (or our third-party payment processor) to charge your card for all fees incurred for services provided to you. Charges are generally processed at the time of service (e.g., shortly before or after your session) or, in some cases, a preauthorization or advance charge may be processed at the time of booking. If you are on a recurring subscription or program, you agree that we may charge your payment method on a periodic basis as disclosed (e.g., monthly subscription fee) until you cancel such subscription.

Third-Party Payment Processing:

We use reputable third-party payment processors to handle billing and transactions. These processors comply with security standards for handling payment data. By making a payment, you agree to the processor’s terms as well. Forward Psychiatry itself does not store full credit card numbers; storage and processing of your payment details are handled securely by the payment processor. We reserve the right to change our billing provider or method, and will inform you of any new procedures if that occurs.

Valid Payment Method:

You represent and warrant that the payment information you provide (credit card, debit card, etc.) is accurate, that you are authorized to use it, and that you will keep it updated. If your card expires or is canceled, you agree to update your account with a new valid card. If a charge is declined or your payment method fails, we may attempt to re-process it or we may contact you to provide an alternate payment method. Delinquent Accounts: If we are unable to collect payment for a rendered service, we reserve the right to suspend your access to the Services until payment is resolved. We also reserve the right to bill you for any outstanding amounts (which you agree to pay upon demand) and to use collection services if necessary, though we will attempt to work with you first to resolve any payment issues.

No Insurance Billing:

As noted above, Forward Psychiatry is not billing insurance on your behalf. You are responsible for the full payment of fees for the Services you obtain through our Platform, regardless of whether you choose to seek reimbursement from an insurance company or other third-party payor. We can provide you with a receipt or “superbill” containing service codes upon request, which you may submit to your insurance for potential out-of-network reimbursement, but we make no guarantees regarding insurance reimbursement. It is your responsibility to check with your insurance provider whether telehealth or our services are covered under your plan. Any adjustments or arrangements (such as an insurer or employer covering a portion of the fee) will be reflected in what we charge you at the time of service, but unless explicitly stated, assume that the full fee is out-of-pocket.

Changes to Fees:

Our fees are subject to change over time (for example, we may adjust prices as our services evolve or in response to market conditions). However, the fee that you agree to at the time of booking will be honored for that service. Future sessions will be charged at the then-current rates. If you are on a subscription or recurring plan, we will notify you in advance of any fee changes to your plan. You have the right to cancel the service before new rates apply. Continuing to use the Services after the price change takes effect constitutes your agreement to the new price.

Billing Errors:

In the event of a pricing or billing error – for instance, if you were mistakenly overcharged or undercharged – we reserve the right to correct the error. If you were overcharged, you will be refunded or credited the excess amount. If you were undercharged or not charged when you should have been, we will invoice you for the correct amount and you agree to pay that difference. We will contact you with an explanation in such cases. We also reserve the right to refuse or cancel any order or service booking due to obvious errors in pricing (for example, a technical glitch listing a $0 fee in error). If your order is canceled for a pricing error and your card has already been charged, we will issue a prompt refund for the amount charged in error.

Privacy & Security

Privacy Policy and Health Information:

Protecting your privacy is extremely important to Forward Psychiatry. Any personal information you provide to us via the Platform, including personal data and any protected health information (PHI), will be collected, used, and disclosed in accordance with our Privacy Policy and our Notice of Privacy Practices (NPP). By using our Services, you consent to the practices described in those policies. The Privacy Policy describes how we handle general personal information (e.g., contact info, website usage data), and the NPP describes how medical information is used and shared by our Providers and us in compliance with healthcare laws (like HIPAA). Forward Psychiatry is required to comply with all applicable federal and state health care privacy and security laws, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its regulations, as well as any state-specific patient privacy laws. This means we implement administrative, physical, and technical safeguards designed to protect the confidentiality and security of your health information. For example, our telehealth sessions are conducted over encrypted connections, and our medical records are stored on secure servers. We will not disclose your identifiable health information to third parties without your consent, except as permitted by our Privacy Policy, NPP, and applicable law.

Communication and Consent:

By providing your contact information (such as email or phone number), you consent to Forward Psychiatry sending you administrative and service-related communications electronically. For instance, we may send appointment reminders, receipts, or notices about updates to these Terms via email or secure message. We will not send you marketing communications without your explicit consent where required by law. You acknowledge that email and text messaging may not be fully secure or confidential; while we take steps to protect your communications, for truly sensitive matters we may use the secure portal messaging. If you choose to communicate with us or your Provider via unencrypted email or SMS, you accept the risks to privacy in those channels (for example, an email could be inadvertently seen by someone else). For details, please see our Privacy Policy and NPP which further explain how we communicate with you.

Data Security:

We employ industry-standard security measures to protect the data that you share with us. This includes encryption of data in transit, secure storage of health records, and compliance with HIPAA security standards. However, no system can be 100% secure. By using the Platform, you acknowledge that there is a risk, however slight, of unauthorized access or data breach. Forward Psychiatry has protocols in place to monitor for and respond to security incidents, and we will notify you of any breach of your unsecured personal health data as required by law. Your Responsibilities: You also have a role in keeping your data secure. Follow recommended practices such as using strong passwords, safeguarding your login credentials, and logging out after sessions. Do not share your account or allow others to access your health information without authorization. If you suspect any unauthorized access to your account or data, notify us immediately so we can assist.

Record Retention:

Forward Psychiatry will maintain records of your health care encounters as required by law. Typically, we retain medical records for a minimum period (for example, at least 6 years, or longer if mandated by state law or our internal policies) from your last date of service. We retain this information to comply with legal requirements and to support continuity of care. Even if you delete your account or discontinue services, we may still be obligated to keep certain information on file for the legally required period, after which it will be securely destroyed. We handle all retained records with the same privacy and security safeguards described above.

Intellectual Property Rights

Platform Content:

The Forward Psychiatry Platform contains copyrighted works, trademarks, and other proprietary information belonging to Forward Psychiatry and our licensors or partners. This includes the design, text, graphics, logos, button icons, images, audio clips, software, and content (collectively, the “Content”) available on the site. The entire compilation of Content on the Platform, and the software and infrastructure used to provide the Services, are owned by Forward Psychiatry or its content suppliers and are protected by intellectual property laws. Forward Psychiatry retains all rights, title, and interest in and to its Platform and Services, except for the licensed rights expressly granted to you below. All Forward Psychiatry trademarks, service marks, and logos (including our name and logo) are proprietary to us. Other product and company names that may be mentioned on the Platform may be trademarks of their respective owners.

Limited License for Personal Use:

Forward Psychiatry grants you a limited, revocable, non-exclusive, non-transferable license to access and use our Platform and Content for your own personal, non-commercial use, and only as permitted under these Terms and applicable law. This means you can view, download, and print materials from the Platform for your personal use only. For example, you may print a copy of your treatment plan or an article from our blog for your reference. You may not otherwise copy, reproduce, modify, distribute, publicly display, or create derivative works from our Content or software without our express written permission. Any rights not explicitly granted to you in these Terms are reserved by Forward Psychiatry and its licensors.

Prohibited Uses of Content:

Specifically, you agree not to: (a) remove or obscure any copyright, trademark, or other proprietary notices on the Platform materials; (b) use any illustrations, photographs, or graphics separately from the accompanying text or context in which they are provided; (c) frame or mirror any part of the Platform on any other site or service, or engage in “scraping” or data-mining of Content (manual or automated) beyond the normal page caching and personal use; (d) use Forward Psychiatry’s name, logos, or trademarks in any meta-tags or any other “hidden text” without our express consent; or (e) exploit the Platform or any portion of the Content for any commercial purpose whatsoever. Any use of the Platform or Content that is not expressly permitted by these Terms is considered a breach of these Terms and may violate copyright and other laws.

User-Provided Content:

To the extent our Platform allows you to post, upload, or transmit any content (for example, reviews, feedback, or messages in a community forum), you retain ownership of any intellectual property rights you have in that content. However, by providing such content through our Platform, you grant Forward Psychiatry a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content as needed to provide the Services or as otherwise permitted by our Privacy Policy (for instance, using feedback to improve our services). We will not use any patient medical information you share in any public-facing manner without your explicit consent – any sharing of de-identified or aggregate information will be done in accordance with our Privacy Policy and applicable law. You further agree that any content you contribute will not infringe on the rights of any third party, and that you have the right to grant the license above. We do not generally screen user-provided content, but we reserve the right to remove any content that violates these Terms or is otherwise objectionable.

Copyright Infringement Policy (DMCA):

Forward Psychiatry respects intellectual property rights. If you believe any content on our Platform infringes your copyright, you may submit a notification under the Digital Millennium Copyright Act (DMCA). Please provide written notice to our designated copyright agent at our Contact address listed below, including: a description of the copyrighted work claimed to be infringed, identification of the infringing material and its location, your contact information, a statement of your good-faith belief that the use is not authorized, and a statement under penalty of perjury that your notice is accurate and you are the copyright owner or authorized to act on their behalf. Upon receiving a valid DMCA notice, we will promptly investigate and remove the content if appropriate, and take other actions as required by law. Similarly, if content you posted is removed due to a DMCA notice and you believe it was wrongly removed, you may send us a counter-notification. We will provide more instructions upon request. Repeat infringers’ accounts may be terminated at our discretion.

Limitation of Liability and Disclaimers

No Warranties:

Your use of the Platform and Services is at your own risk. Forward Psychiatry’s Platform and all Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, Forward Psychiatry (and our affiliates, suppliers, and licensors) disclaim any and all warranties, whether statutory, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and accuracy. We do not guarantee that the Platform will be uninterrupted, error-free, or secure, or that any defects will be corrected. We do not guarantee any particular results from use of the Services (for example, we cannot guarantee any specific health outcome). While we strive for quality, we make no warranty that the information or advice obtained through the Platform is comprehensive or suited to every individual’s needs – you should consult other professionals or seek second opinions when appropriate.

Information Accuracy:

Any general health information or content available on our website (such as articles, blog posts, or self-help resources) is provided for informational purposes only. While we try to keep such content up-to-date and accurate, Forward Psychiatry makes no representations or warranties regarding the reliability, accuracy, or completeness of any information on the Platform. User testimonials or reviews, while they may reflect real experiences, do not constitute a guarantee that you will achieve the same results. The clinical advice you receive from Providers is based on the information you provide and their expertise, but outcomes can vary. Forward Psychiatry disclaims responsibility for any errors or omissions in Platform content that are not the direct result of our gross negligence or willful misconduct.

Service Disruptions:

You acknowledge that communication systems (including the internet, video, and phone networks) are not fault-proof, and there may be times when the Platform is unavailable or a telehealth session is disrupted due to technical issues. Forward Psychiatry is not responsible for any delay or failure in performance resulting from events outside of our reasonable control, such as internet outages, power failures, or other force majeure events (e.g., natural disasters, acts of government, civil unrest, epidemics). We will, however, make reasonable efforts to support you if a disruption occurs – for example, by rescheduling a dropped session or providing technical support to reconnect.

Limitation of Liability:

To the maximum extent permitted by applicable law, Forward Psychiatry and its affiliated entities, and each of our respective directors, officers, employees, contractors, and agents, shall NOT be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or related to your use of (or inability to use) the Platform or Services. This includes, but is not limited to, damages for loss of profits, loss of data, loss of goodwill, service interruptions, computer damage, or system failure, or the cost of substitute services, or for any personal injury or emotional distress arising out of or related to your use of our Services. Additionally, Forward Psychiatry is not liable for any act, omission, or malpractice of any Provider rendering services to you; Providers are independent professionals and bear sole liability for the quality of care they provide. In no event shall our total aggregate liability for all claims arising out of or relating to these Terms or the use of the Platform and Services exceed the amount you have paid to Forward Psychiatry in the past twelve (12) months for services related to the claim, or $500, whichever is greater. (Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you to the extent prohibited by law. In such cases, our liability is limited to the minimum extent permitted by law.)

Specific Medical Liability:

Forward Psychiatry does not assume any liability for the outcomes or consequences of any medical treatment decisions made between you and your Provider. Any advice, treatment, or prescription you receive comes from the Provider, not from Forward Psychiatry, and is subject to the Provider’s professional judgment. We do not warrant or guarantee that a telehealth consultation is the appropriate course of treatment for your particular health care problem; that is a determination made by you and the Provider. By using our Services, you agree to hold Forward Psychiatry free from responsibility for any harm or injury resulting directly from any care or advice you obtain via the Platform, except to the extent that harm is caused solely by our gross negligence.

No Third-Party Rights:

These Terms are for the benefit of you and Forward Psychiatry (and our affiliates and partners as explicitly stated). Except for the Parties to any provider-patient relationship (i.e., you and your Provider, as governed by separate professional obligations), no other person or entity shall have any rights to enforce any term of this agreement. These Terms do not confer any third-party beneficiary rights.

Indemnification:

You agree to defend, indemnify, and hold harmless Forward Psychiatry, its parent or affiliate companies, and each of their respective officers, directors, employees, agents, and representatives from and against any and all claims, actions, liabilities, losses, expenses, damages, and costs (including reasonable attorneys’ fees) that arise out of or relate to: (a) your use of the Platform or Services, (b) any information or content you provide to us, (c) your violation of these Terms or of any law or regulation, or (d) any breach of any of your representations or warranties herein. This means, for example, if a third party or a Provider were to sue Forward Psychiatry because you misused the Platform or failed to fulfill your obligations (such as providing false information or using the Platform for an unlawful purpose), you would be responsible for any costs or damages we incur as a result. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), and you agree to cooperate with our defense of such claim. You will not settle any claim that affects Forward Psychiatry without our prior written approval.

Release:

In addition to the above indemnity, you hereby release Forward Psychiatry and its affiliates and agents from any and all claims or liability related to: (1) any claim, injury or damage arising from or connected with any inaccuracy in the information you provide to us, (2) any mistakes or errors in treatment or advice given by a Provider (since those are the Provider’s responsibility), and (3) any mental health crises or outcomes that occur outside the scope of the Services (for example, issues that arise because you did not seek emergency help when recommended). This release does not apply to any claim based on our own willful misconduct or gross negligence.

Termination of Services and Account Suspension

User Termination:

You have the right to stop using our Platform and Services at any time. You may deactivate or delete your Forward Psychiatry account by contacting us (see Contact Information below) with your request or by using any self-service account deletion functionality we provide. Termination of your account will not retroactively cancel charges or refund fees for services already rendered (except as provided in the Refund Policy). If you simply cease to use the Platform, these Terms will continue to apply to your past usage and any remaining obligations (for example, payment of any outstanding fees). If you decide to terminate your account, we encourage you to notify your Provider so they are aware you will not continue treatment on the Platform; you may also request assistance in transitioning care to another provider or obtaining copies of your records.

Forward Psychiatry Termination/Suspension:

We reserve the right, in our sole discretion, to suspend or terminate your access to the Platform or Services at any time, with or without notice and with or without cause. This means that if, for any reason, we determine that you have violated these Terms, engaged in fraudulent or abusive use of the Platform, or if your account usage potentially creates risk or legal exposure for us, we can deactivate your account. We also may suspend service to you if required by law (for example, if you move to a jurisdiction where we are not allowed to provide services, or if a court or regulatory agency directs us to). In most cases, for minor infractions we will attempt to get in touch with you to resolve the issue before termination, but we are not obligated to provide advance notice. If your account is terminated due to violation of these Terms or other misconduct, you will not be entitled to any refunds for services already provided, and any unused appointments may be forfeited. Additionally, we may refuse to allow you to create a new account in the future. If we terminate your account without cause (for example, if we discontinue the Platform entirely or determine to cease operations in your region), we will refund any prepaid unused services or subscriptions on a pro-rata basis.

Effect of Termination:

Upon any termination of your account, whether initiated by you or by Forward, your right to use the Platform will immediately cease. However, these Terms will survive termination to the extent they relate to anything prior to termination or which by their nature should continue (for example, payment obligations, liability limitations, arbitration agreement, and any licenses you granted to us for content). We will handle your data in accordance with our Privacy Policy and retention practices. If your account is terminated, you may lose access to data or content you had provided, so you might want to download any important information (such as a copy of your health records or session summaries) prior to requesting account deletion, if possible. We have no obligation to maintain or return any of your content or data after account termination, except as required by law. That said, medical records will be retained by us or your Provider as required by law, even if you can no longer access them via the Platform, and you can request copies by contacting us or your Provider.

Right to Appeal:

If you believe your account was suspended or terminated in error, you may contact Forward Psychiatry support to request a review. We will consider reinstatement on a case-by-case basis at our sole discretion. This policy does not guarantee reinstatement and does not affect our rights to enforce the Terms.

Dispute Resolution and Governing Law

Arbitration Agreement:

Please read this section carefully, as it affects your legal rights. You and Forward Psychiatry agree that any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, or interpretation thereof, or your use of the Services (collectively, “Disputes”) shall be resolved by binding arbitration on an individual basis, except as provided below. By agreeing to these Terms, you are waiving your right to a trial by jury or to participate in a class action for any Dispute with Forward Psychiatry.

Exceptions:

Either party may seek resolution of Disputes in small claims court if the claims qualify, or seek injunctive or equitable relief in a court of proper jurisdiction for matters related to intellectual property or unauthorized access to the Platform. Such actions shall not be deemed incompatible with this arbitration agreement, nor a waiver of the right to arbitrate for other claims. Additionally, either party may opt to resolve an issue by negotiation or mediation prior to initiating arbitration, but is not obligated to do so.

Arbitration Procedure:

Arbitration shall be administered by a neutral arbitration organization (for example, the American Arbitration Association (AAA)) and conducted under its rules, including any consumer-specific rules that apply. The arbitration will take place in a mutually agreed location in Massachusetts, or via telephone/videoconference for convenience, unless the parties agree otherwise. The arbitrator will have the authority to determine the rights and liabilities of each party, and the dispute will not be consolidated with any other matters or joined with other cases or parties. The arbitrator is empowered to grant whatever relief would be available in court under law or in equity, but may not award relief that affects anyone other than the individual parties. The arbitrator’s award is binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver:

You and Forward Psychiatry agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any class or representative proceeding, nor to make an award to anyone but the individual party in arbitration. If this class action waiver is found unenforceable, then the entirety of this Dispute Resolution section shall be null and void (but the rest of the Terms shall remain in effect).

Governing Law:

These Terms and any Disputes shall be governed by the laws of the Commonwealth of Massachusetts, U.S.A., without regard to its conflict of laws principles. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) will govern the interpretation and enforcement of the arbitration agreement and class waiver. In cases where a Dispute is found not subject to arbitration, or if the arbitration clause is unenforceable, you and we agree to the exclusive jurisdiction of the state or federal courts located within Massachusetts for the resolution of such claims, and we consent to venue and personal jurisdiction in Massachusetts. (If you reside outside the U.S., you explicitly agree that U.S. federal or Massachusetts state law applies to these Terms, and that any conflict with your local consumer laws shall be resolved under Massachusetts law to the extent permitted.)

Opt-Out Right:

We believe arbitration is a fair way to resolve disputes, but if you do not wish to be bound by this arbitration agreement and class waiver, you have the right to opt out. To do so, you must send a written notice via email to Forward Psychiatry at [support email] within 30 days of first accepting these Terms, stating that you opt out of arbitration. If you opt out, any Disputes will instead be resolved in court as set forth under Governing Law, and you will not be bound by the arbitration provisions, but the other parts of these Terms will still apply. Opting out will not affect any other Terms between us.

Amicable Resolution:

Regardless of the above, we encourage you to contact us first to try to resolve any concern via our support team before initiating formal proceedings. Often, issues can be resolved quickly and to your satisfaction through our internal support channels, reflecting our commitment to a positive user experience. This section does not override your obligation to arbitrate or any legal timelines, but is a suggestion to foster communication.

Changes to Terms

Updates and Modifications:

Forward Psychiatry may modify or update these Terms of Service from time to time as our business, laws, or industry practices evolve. If we make material changes, we will provide you with advance notice before the updated Terms become effective, as required by law or as appropriate. For example, we may post a prominent notice on our website or mobile app and/or email you at the email address on file at least 15 days before the changes take effect, in case of significant revisions. The notice will designate the effective date of the new Terms. It is your responsibility to ensure we have your current email and to review any new Terms when notified.

Consent to Updated Terms:

If you do not agree with the proposed changes, you should discontinue use of the Platform and Services before the effective date of the updated Terms, and you may terminate your account as described above. By continuing to use the Platform or Services after new Terms take effect, you are indicating your acceptance of the updates and agreement to be bound by the revised Terms. The updated Terms will supersede all prior versions. For this reason, we encourage you to review these Terms periodically for any changes. We will also update the “Last updated” date at the top of the Terms page to reflect the date of the latest revisions.

Non-Material Changes:

Not all updates will be material. We reserve the right to make non-material changes (such as clarifications, typographical corrections, or improvements in wording) without prior notice. However, the latest version of the Terms will always be available on our website, and the effective date will indicate when it was last revised. Your continued use of the Services following any update constitutes acceptance of those changes.

Amendments by Agreement:

In certain circumstances, we and a user might mutually agree to additional terms or modifications (for example, a pilot program or special promotion might come with its own terms). In such cases, those additional terms would apply to the extent they expressly modify these Terms, but only for the specified user or situation. All other provisions of these standard Terms would remain in effect.

Severability:

If any provision of these Terms (or a revised Term) is found by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court or arbitrator should modify the provision to the minimum extent necessary to make it enforceable (if possible), and the remaining provisions of these Terms shall remain in full force and effect. Our failure to enforce any part of these Terms is not a waiver of our right to later enforce that or any other part of the Terms.

Contact Information

Forward Psychiatry is based in Massachusetts, United States. If you have any questions, concerns, or feedback regarding these Terms or the Services, please contact us:

Company Name: Forward Psychiatry (Forward Psychiatry, LLC)

Email: contact@formpsych.com