Introduction

Welcome to Form Psychiatry! These Terms of Service (“Terms”) govern your access to and use of Form Psychiatry’s website, patient portal, telehealth technology, and related administrative services (collectively, the “Platform”). The Platform is operated and supported by Forward Psychiatry LLC (the “MSO”), which provides non‑clinical administrative services such as technology, scheduling support, customer service, and payment processing. Clinical services (including therapy, psychiatric evaluation/consultation, and medication management when clinically appropriate) are provided by Form Psychiatry PLLC (the “Practice”) through licensed clinicians (each, a “Provider”). For convenience, these Terms may refer to the MSO and the Practice together as “Form Psychiatry,” “Form,” “we,” “us,” or “our,” but clinical care is provided solely by the Practice and Providers, and the MSO does not provide medical care. By accessing or using the Platform and/or receiving Services, you agree to be bound by these Terms, as well as our Privacy Policy and the Practice’s Notice of Privacy Practices (and any Practice Policies and financial policies provided to you) 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. If there is a direct conflict between these Terms and the Practice’s patient-facing policies (including the Practice Policies you receive as a patient) regarding clinical care operations (for example, cancellations/no‑shows, communication expectations, or clinical boundaries), the Practice Policies control.

Healthcare Services and Scope of Practice

MSO Administrative Services vs. Clinical Services; Provider‑Patient Relationship:

The MSO is not a licensed medical provider and does not practice medicine, psychiatry, psychology, or any other licensed profession. The MSO provides administrative and technology services that support access to care (for example, the Platform, scheduling support, customer service, and payment processing). Clinical Services are provided by the Practice through Providers. Any health information or general content on the Platform is for informational purposes only and is not a substitute for individualized medical advice from your Provider. Using the Platform alone does not create a provider‑patient relationship; a provider‑patient relationship is established when you engage a Provider and receive clinical Services from the Practice.

Independent Clinical Judgment:

Providers are licensed clinicians who provide clinical Services through the Practice and exercise independent professional judgment in diagnosis and treatment in accordance with applicable law and professional standards. The MSO does not control or direct Providers’ clinical judgment, diagnoses, treatment decisions, prescriptions, or the content of clinical sessions.

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 Form 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. Form 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:

Form Psychiatry is not an insurance company and our Services are not an insurance plan. Fees paid to Form Psychiatry are for healthcare and platform services, not insurance premiums. Where available, we may submit claims to your insurer on your behalf as a courtesy; however, you remain responsible for any applicable copays, deductibles, coinsurance, non-covered services, and any amounts not paid by your insurer.

User Eligibility and Account Registration

Eligibility Requirements:

You must be at least 18 years old and have the legal capacity to form a binding contract to access or use Form Psychiatry’s Services and Platform. Form Psychiatry does not provide services to minors and the Platform is not intended for, or directed to, anyone under 18. Individuals under 18 may not use the Platform for any purpose, may not create an account, and may not submit information through our website, intake forms, messaging tools, appointment tools, or any other features of the Services. Parents or legal guardians may not create accounts or seek Services on behalf of a minor. If we learn or reasonably believe that a user is under 18, we may suspend or terminate the account and access to the Services without notice. If we discover that we have collected personal information from someone under 18, we will delete it promptly, unless we are legally required to retain it.

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. Form 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 Form (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, Form 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:

Form 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. Form 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 Form 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. Form 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:

Form 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.

Appointments, Cancellations, Late Arrivals, and No‑Shows:

Appointments are scheduled in advance and reserved specifically for you. You may cancel or reschedule without a fee when we receive notice more than forty‑eight (48) hours before your scheduled start time. If you cancel or reschedule within forty‑eight (48) hours of your scheduled start time (but with at least twenty‑four (24) hours’ notice), a $150 late cancellation fee applies. If you cancel or reschedule with less than twenty‑four (24) hours’ notice before your scheduled start time, a $200 late cancellation fee applies. If you do not attend your appointment (no‑show), a $200 fee applies. We offer one “get‑out‑of‑jail‑free” courtesy waiver for your first late cancellation or no‑show; after the first waived event, the applicable fee (as outlined above) applies to all future late cancellations/no‑shows. Late cancellation/no‑show fees are not billable to insurance and are your responsibility. To cancel or reschedule, use the patient portal (preferred) or contact our office using the scheduling contact information we provide to you; if you leave a voicemail, email, or portal message, the time stamp of your message is used to determine whether notice was provided within the required window, and if you are unsure whether we received your message, please follow up. Please join your appointment on time; if you arrive late, your appointment may be shortened to end at the originally scheduled time, and if you are more than 10–15 minutes late, we may need to reschedule the visit and it may be treated as a late cancellation/no‑show depending on clinician availability. If a technology issue prevents completion of a telehealth visit, we will make a good‑faith effort to troubleshoot or transition to an alternate approved method (for example, telephone) when clinically appropriate and legally permitted; if we cannot connect after reasonable attempts, the appointment may be considered a late cancellation/no‑show. We may offer automated email/text reminders for appointments if you opt in; you are responsible for tracking your appointments, and reminder failure (for example, spam filters or phone settings) does not waive this policy. Late cancellation and no‑show fees are assessed under the Practice’s policies and may be processed by the MSO on the Practice’s behalf.

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. Form 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. 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 and correct billing errors when confirmed (for example, duplicate charges, an incorrect amount, or a charge associated with a Provider‑initiated cancellation). Late cancellation and no‑show fees are governed by the “Appointments, Cancellations, Late Arrivals, and No‑Shows” policy above (including the one‑time courtesy waiver); except for billing errors or Provider‑initiated cancellations, late cancellation/no‑show fees are not billable to insurance and are your responsibility.

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. Form 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 60-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 processed through the Platform using the payment method you provide. You authorize the MSO and/or its third‑party payment processor to charge your payment method for amounts due for Services and fees you incur under these Terms and the Practice’s applicable policies (including late cancellation/no‑show fees). 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. If you choose to use insurance, you authorize us to charge your payment method for any amounts not paid by insurance, including amounts due if a claim is denied or reduced, after insurance processing.

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. Form 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.

Insurance Billing as a Courtesy:

Where available, Form Psychiatry and/or your Provider may submit claims to your health insurance plan on your behalf as a courtesy (or as an administrative service). Insurance billing availability may vary by service type, Provider, and payer. Insurance benefits verification, eligibility checks, or coverage estimates are not a guarantee of payment. Your insurer ultimately determines whether a service is covered, whether prior authorization is required, and the amount payable. You agree that you are financially responsible for all charges for Services you receive, including but not limited to copayments, coinsurance, deductibles, non-covered services, and any amounts not paid by your insurer. If your insurance claim is denied, rejected, reduced, or not paid for any reason (including lack of coverage, inaccurate information, untimely filing due to information you did not provide, failure to obtain required authorization, or termination of coverage), we may bill you for the remaining balance, up to our then-current self-pay rate for the applicable service (or other rate disclosed to you at booking, where required by law). You authorize us and/or your Provider to submit claims to your insurer and to share information as necessary to obtain payment, including Protected Health Information, as permitted by law and our Notice of Privacy Practices. If you pay out-of-pocket and we later receive insurance payment for the same service, we will apply the insurance payment to your account and refund or credit any overpayment, as required by law and applicable payer rules. When you provide a payment method, you authorize us to charge it for (a) amounts due at the time of service and (b) any patient responsibility determined after insurance processing, after providing notice where required.

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 Form 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). Form 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 Form 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. Form 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:

Form 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 Form Psychiatry Platform contains copyrighted works, trademarks, and other proprietary information belonging to Form 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 Form Psychiatry or its content suppliers and are protected by intellectual property laws. Form 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 Form 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:

Form 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 Form 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 Form 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 Form 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):

Form 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. Form 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, Form 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, Form 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. Form 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. Form 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, Form 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. Clinical Services are provided by Providers through the Practice. The MSO does not provide clinical care and is not responsible for Providers’ clinical decisions or outcomes. Nothing in these Terms is intended to limit any responsibility the Practice or Providers may have under applicable law for the clinical Services 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 Form 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:

Form 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 Form 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 Form 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 Form 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 Form 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 Form 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 Form Psychiatry without our prior written approval.

Release:

In addition to the above indemnity, you hereby release Form 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 issues arising from clinical treatment decisions made by your Provider and/or the Practice (which are clinical matters), provided that this release does not apply to the extent prohibited by applicable law, 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 Form 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.

Form 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 Form, 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 Form 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 Form 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 Form 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 Form 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 Form 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:

Form 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

Form 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: Form Psychiatry (Forward Psychiatry, LLC; Form Psychiatry PLLC)

Email: contact@formpsych.com