Terms and Conditions
Health & Psychiatry
(A DBA of Health and Psychiatrists Consultants LLC)
1. LEGAL ENTITY, SCOPE, AND ACCEPTANCE OF TERMS
These Terms and Conditions (the “Terms”) constitute a legally binding agreement between you (“User,” “Patient,” “you,” or “your”) and Health and Psychiatrists Consultants LLC, a limited liability company organized under the laws of the State of Florida, United States, doing business as Health & Psychiatry (the “Company,” “we,” “us,” or “our”), with its principal place of business at 3919 Tampa Road, Oldsmar, Florida 34677, USA.
These Terms govern your access to and use of the website located at https://healthandpsychiatry.com (the “Platform”), as well as any associated services, including but not limited to telepsychiatry services, psychiatric evaluations, medication management, and related clinical or administrative interactions facilitated through the Platform.
By accessing, browsing, registering with, or otherwise using the Platform, or by engaging any services offered through it, you expressly acknowledge that you have read, understood, and agreed to be bound by these Terms, as may be amended from time to time. If you do not agree to these Terms in their entirety, you are not authorized to access or use the Platform or any services provided through it.
2. CLINICAL NATURE OF SERVICES AND LIMITATION OF PLATFORM FUNCTION
The Platform is operated as a patient-facing healthcare interface through which licensed psychiatric providers deliver mental health services. Such services include, without limitation, initial psychiatric evaluations, medication management, psychotherapy, and ongoing behavioral health support delivered either virtually or, where applicable, in person.
Telepsychiatry services are provided through secure telecommunications systems, including video and audio interfaces, and are intended to replicate, to the extent reasonably possible, the standard of care associated with in-person psychiatric treatment.
The Platform itself does not provide medical advice independently; rather, it serves as a facilitation layer for provider–patient interaction. All clinical decisions are made exclusively by licensed providers exercising independent professional judgment.
3. EMERGENCY AND CRISIS LIMITATION
The Platform and services are not intended for, and must not be used in connection with, any medical or psychiatric emergency.
You expressly acknowledge that the Company does not provide emergency response services and that the Platform is not designed to address urgent or life-threatening conditions, including but not limited to suicidal ideation, acute psychosis, or immediate risk of harm.
In such circumstances, you agree that you shall immediately seek appropriate emergency care, including contacting emergency services (911), presenting to the nearest emergency department, or contacting crisis intervention services such as the 988 Suicide & Crisis Lifeline.
The Company disclaims all liability arising from failure to seek emergency care when required.
4. ELIGIBILITY, PATIENT STATUS, AND GEOGRAPHIC LIMITATIONS
Access to services is limited to individuals who are legally capable of entering into binding agreements, and who are either at least eighteen (18) years of age or are represented by a legally authorized guardian.
You further acknowledge that psychiatric services are subject to state-based licensure requirements, and that providers may only render services in jurisdictions where they are duly licensed. Accordingly, you represent and warrant that you will only access services while physically located in a jurisdiction in which the Company’s providers are authorized to practice, and you agree to provide accurate location information at the time of service.
The Company reserves the right to deny, suspend, or terminate services where jurisdictional, regulatory, or licensing constraints apply.
5. INFORMED CONSENT TO TELEHEALTH SERVICES
By accessing or using telepsychiatry services, you provide your informed consent to receive healthcare services through telecommunication technologies.
You acknowledge that telepsychiatry involves the electronic transmission of health information and may include inherent limitations, including but not limited to reduced ability to conduct physical examinations, reliance on patient-reported information, and potential technical disruptions.
You further acknowledge that while telepsychiatry has been demonstrated to be clinically effective in many circumstances, it may not be appropriate for all conditions, and providers retain sole discretion to determine whether in-person evaluation is required.
You agree to participate in telehealth sessions from a private and secure environment, to ensure confidentiality, and not to record sessions without explicit prior consent from the provider.
You expressly agree that you shall not record, capture, store, or retransmit any telehealth session, communication, or interaction with a provider without the prior written consent of the Company and the treating provider.
The Company reserves the right to record sessions for quality assurance, training, or compliance purposes where permitted by law, and where applicable, with appropriate notice and consent.
6. CLINICAL DISCRETION AND NO GUARANTEE OF OUTCOME
All medical services provided through the Platform are rendered in accordance with generally accepted standards of psychiatric practice; however, no representation or warranty is made regarding the outcome of any treatment, diagnosis, or intervention.
You expressly acknowledge that mental health treatment is inherently variable and that outcomes may differ based on individual factors, including but not limited to compliance, medical history, and biological response.
The Company and its providers do not guarantee any specific clinical result, and all services are provided on a professional, best-efforts basis.
7. PATIENT DUTIES AND COMPLIANCE OBLIGATIONS
You agree to provide complete, accurate, and current medical, psychological, and personal information, and to promptly update such information as necessary.
You further agree to comply with all treatment recommendations, medication instructions, and follow-up requirements as prescribed by your provider, and to attend scheduled appointments in a timely manner.
You acknowledge that failure to comply with treatment plans, withholding of material information, or misuse of services may adversely affect clinical outcomes and may result in termination of services at the Company’s discretion.
8. PRESCRIBING PRACTICES AND REGULATORY COMPLIANCE
Any prescription issued through the Platform is subject to the independent clinical judgment of the provider and all applicable federal and state laws.
You acknowledge that certain medications, including controlled substances, may be subject to additional regulatory requirements, including identity verification, prior in-person evaluation, or other limitations imposed by law.
The Company makes no representation that any particular medication will be prescribed or that prescriptions will be issued through telehealth.
9. PRIVACY, HIPAA, AND HEALTH DATA GOVERNANCE
The Company maintains compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and all applicable federal and state privacy laws governing Protected Health Information (“PHI”).
Your health information may be collected, stored, used, and disclosed for purposes including treatment, payment, and healthcare operations, as well as for compliance, quality assurance, and lawful reporting obligations.
The Company employs administrative, technical, and physical safeguards, including encrypted communications and secure systems, to protect PHI and maintain confidentiality.
A comprehensive description of these practices is set forth in the Company’s Notice of Privacy Practices, which is incorporated herein by reference.
10. TECHNOLOGY USE AND SERVICE AVAILABILITY
The Platform relies on third-party technologies, including telehealth systems, cloud infrastructure, and communication tools, which may be subject to interruptions, delays, or technical failures.
While the Company endeavors to maintain continuous availability, it does not warrant uninterrupted or error-free operation of the Platform.
You acknowledge that technical disruptions may impact the delivery of services and agree that the Company shall not be liable for delays or failures resulting from factors beyond its reasonable control.
11. PAYMENT, INSURANCE, AND FINANCIAL RESPONSIBILITY
You agree to be fully responsible for all fees associated with services rendered, including any charges not covered by insurance.
While the Company may assist with insurance verification, it does not guarantee coverage, reimbursement, or eligibility under any insurance plan.
You acknowledge that you are responsible for all copayments, deductibles, and non-covered services, and that unpaid balances may result in suspension of services or referral to third-party collection agencies.
12. APPOINTMENTS, CANCELLATIONS, AND CONTINUITY OF CARE
You agree to attend scheduled appointments and to provide reasonable notice for cancellations or rescheduling.
The Company reserves the right to impose cancellation or no-show fees and to discontinue services in the event of repeated missed appointments or non-compliance with scheduling policies.
Continuity of care is contingent upon patient engagement, compliance, and adherence to scheduling and treatment protocols.
12A. Electronic Communications and Consent
By using the Platform, you consent to receive communications from the Company, including appointment reminders, service-related notifications, and administrative messages, via electronic means including email, SMS, or other communication channels.
You acknowledge that electronic communications may not always be secure and that standard messaging and data rates may apply.
You may opt out of non-essential communications where applicable; however, you acknowledge that certain communications are necessary for the provision of services.
13. ACCEPTABLE USE AND PLATFORM RESTRICTIONS
You agree not to misuse the Platform, including but not limited to engaging in unlawful conduct, providing false information, attempting unauthorized system access, or interfering with service operations.
The Company reserves the right to suspend or terminate access for violations of these Terms or for conduct that compromises the integrity, security, or lawful operation of the Platform.
14. INTELLECTUAL PROPERTY RIGHTS
All content, materials, and systems associated with the Platform, including but not limited to text, software, branding, clinical materials, and design elements, are the exclusive property of the Company or its licensors and are protected under applicable intellectual property laws.
No content may be copied, reproduced, distributed, or exploited without prior written consent.
15. DISCLAIMER OF WARRANTIES
The Platform and all associated services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied.
To the fullest extent permitted by law, the Company disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, non-infringement, and uninterrupted service.
16. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, consequential, or punitive damages arising from or related to the use of the Platform or services.
In all cases, the Company’s total aggregate liability shall not exceed the amount paid by you for services in the three (3) months preceding the event giving rise to the claim.
17. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its affiliates, providers, and personnel from any claims, damages, liabilities, or expenses arising out of or related to your use of the Platform, violation of these Terms, or failure to comply with medical advice or applicable laws.
18. TERMINATION AND SERVICE DISCONTINUATION
The Company reserves the right, in its sole discretion, to suspend or terminate access to the Platform or services at any time, with or without notice, including where continued service is deemed clinically inappropriate, legally restricted, or operationally unfeasible.
19. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.
Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located within the State of Florida.
20. MODIFICATIONS AND CONTINUED USE
The Company reserves the right to modify these Terms at any time. Updated Terms shall become effective upon posting to the Platform.
Your continued use of the Platform following such modifications constitutes acceptance of the revised Terms.
21. BINDING ARBITRATION AND CLASS ACTION WAIVER
Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the services provided by the Company, including the determination of the scope or applicability of this arbitration provision, shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association in accordance with its applicable rules.
The arbitration shall be conducted on an individual basis, and you expressly waive any right to participate in a class action, collective action, or representative proceeding.
Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent unauthorized use or misuse of intellectual property or confidential information.
You acknowledge and agree that by accepting these Terms, you are waiving the right to a trial by jury and to participate in class litigation.
22. FORCE MAJEURE
The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay results from events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, governmental actions, cyberattacks, power failures, telecommunications disruptions, or failures of third-party service providers.
23. CONTACT INFORMATION
For legal inquiries or notices:
Health & Psychiatry
Email: legal@healthandpsychiatry.com
Phone: +1 (833) 377-2526