Terms of Service Agreement

Terms of Service Agreement

Last Updated: July 2023

IF YOU ARE EXPERIENCING A LIFE-THREATENING EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. THESE FREE RESOURCES CAN ALSO OFFER IMMEDIATE HELP.

This site is not intended to be used for mental health emergencies.  
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PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICES OR CONTENT OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.

The following Terms of Service (the “Agreement”) govern the use of our online interfaces, such as our website and applications, which are owned and controlled by SonderMind Inc. (“SonderMind,” “Total Brain”, “Company,” “we,” “us,” or “our”) and apply to your access and use of the services made available via the SonderMind website (“Website”),the SonderMind mobile app (“App”), including but not limited to SonderMind Video Telehealth, the Total Brain website (“TB Website”), and the Total Brain mobile app (the “TB App(s)”) (all hereinafter collectively, “Sites").

This website is owned and operated by SonderMind located at 1099 18th Street, Suite 2350, Denver, CO 80202.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

YOUR CONTINUED USE OF THE SERVICES IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.

If you don’t agree with the new Terms of Service, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms of Service is effective, that means you agree to all of the changes.

We are committed to making the Sites accessible for all users, and will continue to take steps necessary to ensure compliance with applicable laws. If you have difficulty accessing any content, feature, or functionality of a Site, please contact us.  
 

Table of Contents

Last Updated: July 2023  

Highlights of the Agreement  
Use Of Our Services  
Payments  
Our Rights  
Your Use of Our Sites  
Your Content  
Important Things to Know  
COMPLETE AGREEMENT  
USE OF SERVICES  
Teletherapy  
Therapist Matching  
PAYMENTS  
Cancellations  
Refunds  
SERVICES AND SITES  
OUR INTELLECTUAL PROPERTY RIGHTS  
YOUR AUTHORIZED USE OF OUR SITES  
DOWNLOADS  
MOBILE APPLICATIONS  
ACCOUNTS  
THIRD-PARTY CONTENT AND LINKS  
Third-Party Links  
CONTENT SUBMITTED BY YOU  
User Content License  
Interactive Chat and Chatbots  
Copyright Infringement Notices  
UPDATES TO THIS AGREEMENT  
OTHER POLICIES  
IMPORTANT LEGAL TERMS  
Termination  
Children  
Disclaimer of Warranty  
Limitation of Liability  
Indemnity  
Consent to Communication  
SMS/Text Communications  
Severability  
DISPUTES, ARBITRATION AND CLASS ACTION WAIVER  
INTERNATIONAL USERS  
CONTACTING US  
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Highlights of the Agreement

This Terms of Service Agreement (the “Agreement”) is a legal agreement exclusively between you and SonderMind governing your use of our Sites. By continuing to use our Sites, you agree that such use is legally sufficient consideration under this Agreement.

This Highlights section is intended to provide you with a basic overview of the contents of this Agreement. However, please read this entire Agreement for a complete understanding of the terms you are agreeing to. The meaning of capitalized words can be found in the full Agreement. If there is a conflict between the terms of this “Highlights” section and the terms of the full Agreement, the terms of the full Agreement control.

1. Use Of Our Services

• In order to use our Services, you must (i) be over the age of eighteen (18) or have the legal ability to consent to therapy or have your parent/guardian consent to therapy on your behalf, and (ii) be physically located or are a resident of the state you select as your current residency when creating your Account.
• Teletherapy services are not intended for and should not be used for urgent or emergency situations.
• We will match you with a therapist using the information you provide to us as well as the information our therapists provide to us. It is important that you provide us with accurate information and that you keep your Account up to date.

Read more about our Services.

2. Payments

• We will bill the insurance company/ies we have on file for you for Services rendered.
• You are responsible for the remaining balance for the Services rendered.
• If you cannot attend your scheduled session with your therapist, you must cancel your appointment directly with them at least twenty-four (24) hours in advance. You may be charged a fee, up to full the cost of the Service, for your failure to cancel an appointment within twenty-four (24) hours before your appointment.

Read more about our Payment terms.

3. Our Rights

• All of the Content on our Sites is protected by intellectual property rights―you may only make limited use of the Content you find on a Site.
• We may change the Services provided and/or advertised at any time without notice.
• We may block you from accessing our Sites, block or delete your User Content, or terminate your Account for any reason.
• We are not liable for third-party content hosted on our Sites, external websites linked to or from our Sites, or errors regarding Service information, availability or promotional offers.

Read more about our rights and control of our Sites and Content.

4. Your Use of Our Sites

• Unless otherwise indicated, you only may use our Sites and our Content for your personal use as an individual.
• While on our Sites, you may not violate any laws, infringe any rights, threaten, harass or impersonate others, or take other actions that harm us or other people or parties.
• You must not attempt to bypass security protections on our Sites, introduce viruses or other harmful code, or use our Sites to attack other websites or services.
• If you register for an Account on a Site, you should keep your password confidential and not allow other people to use your Account.

Read more about what you can and cannot do on our Sites.

5. Your Content  
If you send us or upload User Content to our Sites, we may use that User Content for any purpose, including commercial uses, product development, and advertising. Personal information will be handled in accordance with our Privacy Policy.  
You should not send us User Content that (i) you want to keep confidential or (ii) you do not have the rights to post.  

‍Read more about the Content you transmit to us or through our Sites.

6. Important Things to Know

• By using a Site, you consent to the terms of this Agreement. We may update this Agreement from time to time, and we will use reasonable efforts to provide you with notice of these updates if they are material.
• THIS AGREEMENT CONTAINS LIMITATIONS ON OUR LIABILITY TO YOU, IMPORTANT DISCLAIMERS OF WARRANTIES, AND INDEMNIFICATION OBLIGATIONS BY YOU.
• THIS AGREEMENT GOVERNS HOW DISPUTES WITH US WILL BE HANDLED, INCLUDING USING BINDING ARBITRATION WITH A CLASS ACTION WAIVER.
• Your use of a Site may be governed by other terms and conditions applicable to certain features or promotions. You should also read our Privacy Policy.
• This Agreement contains information about how you can contact us regarding complaints, questions or copyright infringement claims.

Read the complete Agreement below

COMPLETE AGREEMENT

USE OF SERVICES

Our Sites may allow you to sign up for therapy and mental health services (“Services”). If you are using the Service, you hereby certify that you are (i) over the age of eighteen (18) or have the legal ability to consent to therapy or have your parent/guardian consent to therapy on your behalf, and (ii) physically located or are a resident of the state you select as your current residency when creating your Account.

Teletherapy

SONDERMIND TELEHEALTH VIDEO IS NOT INTENDED FOR AND SHOULD NOT BE USED FOR URGENT OR EMERGENCY SITUATIONS.

When using SonderMind Telehealth Video, you are responsible for working with your therapist to establish a plan in the event you experience technological difficulties and you get disconnected during a video session or can no longer receive or respond to messages.

Therapist Assignment

When you create an Account and sign up for our Services, we assign you to a therapist using the information you provide to us. We will take into consideration the information such as the therapist’s specialty, availability, location, treatment approaches, and accepted insurances.

You acknowledge that your ability to access and use the Service depends on the truthfulness of the information you provide regarding your age, residence, and contact information and that the therapists you access are relying upon this certification to interact with you and provide Services.

PAYMENTS

Our Sites may allow you to pay for Services directly through your Account. By creating an Account and providing us with a credit card number, you authorize us to charge the credit card on file. Such charges may include copays and coinsurance, appointment cancellation and no-show fees. You represent that you are authorized to incur charges on the credit card on file with us. If you are not the cardholder, you are representing that you have obtained authorization from the cardholder to use the credit card. THE CARDHOLDER NAMED ON THE CREDIT CARD ON FILE WITH US IS ULTIMATELY RESPONSIBLE FOR THE PAYMENT OF ANY OUTSTANDING BALANCE ON YOUR ACCOUNT.

Our Sites may allow you to pay for Services directly through your Account. By creating an Account and providing us with a credit card number, you authorize us to charge the credit card on file. Such charges may include copays and coinsurance, appointment cancellation and no-show fees. You represent that you are authorized to incur charges on the credit card on file with us. If you are not the cardholder, you are representing that you have obtained authorization from the cardholder to use the credit card. THE CARDHOLDER NAMED ON THE CREDIT CARD ON FILE WITH US IS ULTIMATELY RESPONSIBLE FOR THE PAYMENT OF ANY OUTSTANDING BALANCE ON YOUR ACCOUNT.

The cost of Services varies depending on your payment method as well as the Services requested. After your insurance provider(s) have reviewed and processed the associated claim, we will charge the credit card on file for any remaining balance from the Services rendered. We will send you an email seventy-two (72) hours before we charge the card on file for any remaining balance.

By creating an Account, you agree to provide us with accurate, up-to-date insurance information if applicable. We will use your insurance information to bill your insurance for Services, as applicable. Your failure to update this information may result in inaccurate charges or delayed refunds. We reserve the right to change the insurance companies that we accept at any time at our sole discretion.

We can bill multiple insurance plans for your Services. When initially creating your Account, you will only be able to enter one (1) of your insurances at that time. Once you’ve created an Account, you can add your other insurance(s) in the Account settings. If necessary, we may ask you follow-up questions to better understand the order in which to bill your insurances. When using multiple insurances, you will not be charged a copay immediately. We will only charge you if there is a remaining balance after we have heard back from all of your insurances. This could take up to two (2) months, but could fall outside of that range, depending on coordination of benefits or processing delays. We will send you an email seventy-two (72) hours before we charge your card on file for any unpaid balances.

We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices.

Cancellations

If you cannot attend your scheduled session with your therapist, you must cancel your appointment directly with them at least twenty-four (24) hours in advance. If you cancel within the twenty-four (24) hours before your appointment, or if you fail to cancel your appointment and do not attend the appointment, you may be subject to a cancellation fee, up to the full cost of the session at the then current self-pay rate. Cancellation fees will be charged to the credit card on file. We will send you an email seventy-two (72) hours before we charge your card on file for the cancellation or no-show fee.

Refunds

In some circumstances we will offer a full or partial refund of your payment, such as when your insurance company pays more than anticipated. If we provide you with a refund, you will receive a credit to your original form of payment. If we are unable to credit that form of payment, your refund may not be completed. We may contact you for new payment information or provide your refund in another way, such as through your Account.

If you have any concerns about the Services, a bill, or a payment, please contact us immediately by sending an email to [email protected]. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, including but not limited to helping you find a new therapist, and issuing partial or full refunds when applicable.

SERVICES AND SITES

We may make improvements and/or changes to Services described on the Sites, add new features, or terminate a Site at any time without notice. We also: (i) reserve the right to change the prices or specifications of Services at any time without any notice or liability to you or any other person; (ii) do not warrant that information on a Site (including without limitation Service descriptions) is accurate, complete, reliable, current or error-free; and (iii) reserve the right to modify, cancel, or terminate Services (including previously scheduled Services) where the price or other material information on a Site is inaccurate, where we or our therapists are unable to provide the Services, or for any other reason in our sole discretion. If we cancel a previously scheduled Service, we will not charge you. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Unless otherwise indicated (or if the Site has a non-US domain), Services are intended for end use in the United States and are not labeled or intended for international distribution.

OUR INTELLECTUAL PROPERTY RIGHTS

All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Sites (collectively, the “Content”) are protected intellectual property of, or used with permission or under license by, our Company. You do not acquire any right, title or interest in any Content by accessing or using the Sites. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on a Site is strictly prohibited.

Subject to your compliance with this Agreement, we grant you a limited license to access and use the Sites and their Content for personal, informational, and healthcare purposes. No Content from the Sites may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement and retain the same solely for as long as you continue to be permitted to access the Sites. To use Content under such an exception, you must (i) keep any copyright, trademark, or other proprietary notices intact, (ii) use such Content pursuant to any licenses associated with such Content, (iii) not copy or post such Content on any networked computer or broadcast it in any media, (iv) make no modifications to any such Content, and (v) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of a Site or the Content.

YOUR AUTHORIZED USE OF OUR SITES

While using a Site, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use a Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with a Site or any other party’s use of a Site. In addition, we expect users of the Sites to respect the rights and dignity of others. For example, you may not do any of the following without our written consent:

• Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through a Site any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;
• Post to or transmit through the Sites any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
• Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to a Site;
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with a Site, or express or imply that we endorse any statement you make;
• Violate, or attempt to violate, the security of a Site;
• Disseminate on a Site any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
• Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Sites;
• Build a competitive product or service using the Sites, build a product or service using similar ideas, features, functions, or graphics as the Sites or determine whether the Sites are within the scope of any patent;
• Interfere in any manner with the operation or hosting of the Sites or monitor the availability, performance, or functionality of the Sites;
• Deep link to the Services for any purpose or frame the Services, place pop-up windows over any content, or otherwise affect the display of the Services;
• Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on a Site or to collect any information from a Site or any other user of a Site; or
• Assist or permit any third-parties in violating this Agreement or other applicable laws or rules governing the use of the Sites.

‍Linking: You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking Site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content. We may revoke these permissions at any time.

DOWNLOADS

Sites may allow you to download certain Content, applications, software, and other information or materials. The Company makes no representation that such downloads will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with the Company or a third party, for example an agreement with a mobile application store.

MOBILE APPLICATIONS

Our Apps may be available via a third-party service such as an application store. Your use of the third-party service may be subject to additional terms related to that service from the service provider (“App Store Provider”). WE ARE NOT LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO, ANY SUCH THIRD PARTY SERVICE OR ANY CLAIM OR DAMAGE RESULTING FROM YOUR USE OF SUCH THIRD PARTY SERVICE.

You acknowledge that this Agreement and your use of the App is between you and us only, and not with any App Store Provider or its affiliates or subsidiaries. As between us and an App Store Provider, we are solely responsible for the App and its Content. If anything in this Agreement conflicts with any usage rules for the App from an App Store Provider, such terms from the App Store Provider control (only so far as those terms conflict with this Agreement, and then exclusively for your use of the App). All rights you have to use the App are for use only on appropriate products (which may require branding from the App Store Provider or other entities) and are non-transferable, except that the App may be accessed and used by other accounts associated with you via features like Apple’s Family Sharing (or similar features from other App Store Providers) or volume purchasing. We are solely responsible for providing any maintenance and support services for the App, as specified in this Agreement or as required under applicable law. No App Store Provider has any obligation whatsoever to furnish any maintenance and support services for the App, nor any warranties for the same.

WE DISCLAIM ALL WARRANTIES RELATED TO ANY APP INCLUDING BUT NOT LIMITED TO INTERRUPTION OF SERVICE, DEFECTS IN SERVICES, DELAYS IN CONNECTIVITY, INABILITY TO CONNECT WITH YOUR THERAPIST, OR FAILURES TO TRANSMIT INFORMATION.

In the event that the App fails to conform to any applicable warranty that we cannot disclaim according to applicable law, you may have the right to notify the App Store Provider, and the App Store Provider may refund the purchase price for the App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO APP STORE PROVIDER WILL HAVE ANY OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE MOBILE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY IS OUR RESPONSIBILITY.

We, not the App Store Provider, are responsible for addressing any claims relating to the App, including, but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, (iv) claims that the App infringes a third party’s intellectual property rights as well as the investigation, defense, settlement and discharge of any such intellectual property infringement claim. By using the App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that the App Store Provider, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement and your use of the App, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary.

ACCOUNTS

Our Sites allow you to register for client portal accounts specific to the provision of Services (“Account”).

In general, you are not obligated to register for an Account in order to access the Sites. However, certain sections and features of some of the Sites are available only to users who have registered for an Account (“Registered Users”). We may reject, and you may not use, a user ID (or e-mail address) for any reason at our sole discretion. For example, we may reject a user ID (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; or that is offensive. You may only have one active Registered User Account on each Site at any given time and you may not allow other people to use your Account to access a Site or participate in Services.

If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us. By using Sondermind Video Telehealth, you agree to have accurate contact information documented in your Account. This information is crucial to your therapist should a mental health crisis or other emergency develop.

You agree that you are responsible for all activities under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access a Site in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people.

You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password or any other breach of security that you become aware of involving or relating to a Site by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Sites and your Account, including without limitation, terminating your Account, changing your password or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

THIRD-PARTY CONTENT AND LINKS

Sites may contain expert opinions. Information on Sites identified as expert opinion, or accessed from this Site by hyperlink, represents the opinions of these respective experts, which are not necessarily those of the Company. Some Sites may contain blogs with advice, including medical advice. Some of these statements are not written by us and do not represent our opinion. Any information, statements, opinions or other information provided by third parties and made available on our Sites are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other third-party Content on our Sites.

Information on Sites should not be taken as medical advice or suitability for treatment of a medical condition. You should always consult a qualified physician for matters related to your health.

Similarly, Sites may present you with information on events, charitable causes, and the like. This is presented for informational purposes only and should not be considered our endorsement of the same.

WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY TESTIMONIAL, BLOG, DESCRIPTION, OR OPINION POSTED ON ANY SITE TO THE MAXIMUM EXTENT ALLOWED BY LAW. CLAIMS CONTAINED IN TESTIMONIALS, BLOGS, DESCRIPTIONS, OR OPINIONS HAVE NOT BEEN SUBSTANTIATED SCIENTIFICALLY. YOU UNDERSTAND THAT NONE OF OUR SITES PROVIDE MEDICAL ADVICE, MAKE CLAIMS ABOUT DRUG EFFECTIVENESS, OR DETAIL TREATMENTS FOR SPECIFIC ILLNESSES OR AILMENTS.

Third-Party Links

We may provide on the Sites, solely as a convenience to users, links to websites, social media pages, mobile applications or other services operated by other entities. If you click these links, you will leave our Sites. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked Sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked Site is authorized to use any of our trademarks, logos or copyright symbols.

We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Google Plus, Twitter, YouTube, Pinterest and Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our Services and to share experiences with us. When you visit these Social Media Pages, you are no longer on our Site, but rather a website operated by a third party. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

CONTENT SUBMITTED BY YOU

You are responsible for any information, text, images, videos or other materials or content that you upload to us, or transmit through our Sites (“User Content”). You agree, represent and warrant that any User Content you transmit through our Sites is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload or otherwise make available on or through a Site any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content.

PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.‍

User Content License

By submitting User Content to us directly or indirectly (including through any use of third party social media platforms directed at us), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (a) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (b) to incorporate such User Content in other works in any form, media, product, service or technology now known or hereafter developed for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works); and (c) to use your name, screen name, location, photograph, avatar, image, voice, likeness and biographical information provided in connection with the User Content in any and all media and for advertising or promotional purposes. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “contact us” forms, Account pages, or other forms that are intended to be confidential will be handled in accordance with our Privacy Policy and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you.

Interactive Chat and Chatbots

Some of our Sites may have chat, live support, instant messaging, or similar functionality to serve you better (“Chats”). Chats may allow you to speak to a human representative, a Chatbot (as defined below), or some combination of the two. You should review our Privacy Policy to learn how we treat information that could identify you gathered via a Chat. If you are signed in to an Account while using a Chat, the Chat may link the Account information with you or the Chat interaction. You may not impersonate or attempt to gain information regarding another individual via a Chat. Information provided via a Chat may be inaccurate, and Chats may not always be available or error-free. Chats may be provided by third parties, and you may be entering into a contractual agreement with those third parties when you use the Chat. You should refer to the applicable Chat and its hyperlinks to learn more.

Chats may use interactive, automated computer programs and similar technologies to provide customer service via the Chat (“Chatbots”). Chatbots often work by using “natural language processing” technology to understand your questions and inputs and respond to them with relevant information or follow-up inquiries. Our Chatbots typically identify that you are interacting with a computer program and not a human, sometimes by a “Powered by…” or a similar legend in the Chat or by setting up the Chat in such a way that it's apparent that a Chatbot is used. Chatbots use technology to respond to your inputs without human intervention. Although Chatbots are automated, your inputs and responses may be viewed and accessed by our real people, possibly in real time. Be aware that some Chatbots may connect you to one of our human representatives. Information collected via Chats is subject to our Privacy Policy. Be aware that communications may be monitored for quality assurance and other purposes. All information you provide to us for purposes of support is considered User Content.

Copyright Infringement Notices

It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.

If you believe that any Content on a Site infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:

1. A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;
2. The URL or other specific location on the Site that contains the alleged infringing material described in (a) above, with reasonably sufficient information to enable us to locate the alleged infringing material;
3. Your name, mailing address, telephone number and email address;
4. The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

Designated Agent:  
Copyright Manager

Email:  
‍[email protected]‍

Address:  
1099 18th Street, 
Suite 2350, 
Denver, CO 80202
Phone: 844-256-9902

To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material.

We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide our Designated Agent with the following information:

1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;
2. Your name, mailing address, telephone number and email address;
3. The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which Client address is located]";
4. The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
5. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
6. Your signature, in physical or electronic form.

Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in ten (10) business days. Further, we will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of your counter notice, unless Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site.

UPDATES TO THIS AGREEMENT

We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of our Sites. Your continued use of a Site will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Site, an email to the address we have on file, or a message in your Account.

We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.

OTHER POLICIES

This Agreement applies exclusively to your access to, and use of, the Sites and Services and does not alter in any way the terms or conditions of any other agreement you may have with us. Additional policies and terms may apply to use of specific Services and are included as part of this Agreement whether they reference this Agreement or not.

Other types of agreements and policies that you may be subject to include, but are not limited to:

• Privacy policies
• Employment agreements
• Terms of use

Other policies and agreements are typically found by navigating the Site, typically by checking Site headers and footers and by reviewing hyperlinked terms at the point of sale.

We have also adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to our Privacy Policy.

Should we employ you, none of the materials provided on a Site constitute or should be considered part or of an employment contract or an offer for employment.

IMPORTANT LEGAL TERMS

Termination

The Sites and this Agreement are in effect until terminated by you or us. We may terminate this Agreement by notifying you using any contact information we have about you or by posting such termination on a Site, including in your Account. You may terminate this Agreement by providing written notice of termination, including your detailed contact information and any Account information or other Site credentials, to us using the information in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to a Site or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.

The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.

Upon any such termination, (i) you must destroy all Content obtained from the Sites and all copies thereof; (ii) you will immediately cease all use of and access to the Sites; (iii) we may delete or disable access to any of your User Content at any time; (iv) and we may delete your Registered User Account at any time. You agree that if your use of a Site is terminated pursuant to this Agreement, you will not attempt to use that Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of a Site after termination will be a violation of this Section, which survives any termination.

Children

Our Sites are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under thirteen (13). YOU MUST BE AT LEAST 13 TO ACCESS AND USE OUR SITES.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online. Please note that we do not endorse any of the products or services listed at such Sites.

Disclaimer of Warranty

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE CONTENT AVAILABLE ON A SITE OR ANY OTHER SITES LINKED TO OR FROM A SITE. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH A SITE IS DONE AT YOUR OWN RISK. THE CONTENT OF A SITE IS PROVIDED “AS IS'' AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Limitation of Liability

WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE A SITE, A SITE’S CONTENT, THE SERVICES, OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.

Indemnity

You agree to indemnify, defend and hold us and the Releasees and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with a Site or Services; or (iii) the Content or other information you provide to us through a Site. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Consent to Communication

When you use a Site or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of a Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, creating a Registered User Account, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

Our electronic communications are secure and designed with the Health Insurance Portability and Accountability Act (HIPAA) standards in mind. However, transmitting sensitive information electronically has the inherent risk of a third-party’s unauthorized access. By using the Sites, you acknowledge that you are aware of and accept this risk.

SMS/Text Communications

1. By providing your phone number to SonderMind, you agree that SonderMind may contact you via SMS/MMS text communications (“SMS”) relating to your care and treatment.

2. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, text START to the short code SMS thread.

3. If you are experiencing issues with the messaging program you can get help directly at 1-844-THERAPY.

4. Carriers are not liable for delayed or undelivered messages

5. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

6. If you have any questions regarding privacy, please read our Privacy Policy

Severability

If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.

DISPUTES, ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Any dispute, claim or controversy arising out of or relating to this Agreement, other agreements on the Site, or the Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in JAMS before one arbitrator or submitted to small claims court in Colorado. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules.

No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: 1099 18th Street, Suite 2350, Denver, CO 80202. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If you and we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or us may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.

Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

Award: In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater.

Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Governing Law and Rules: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Colorado, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.

‍Opt-Out: If you do not wish to be subject to this Arbitration provision, you may opt-out by notifying SonderMind in writing of your desire to opt-out of this Arbitration provision within 30 days of agreeing to these Terms of Service. The opt-out notice shall be sent via email to [email protected]. If you opt-out of this Arbitration provision, jurisdiction and venue for the dispute shall be in Denver, Colorado, and the dispute shall be governed by the laws of the State of Colorado, without regard to principles of conflicts of laws.

INTERNATIONAL USERS

The Services referred to on Sites may only be available in the territory to which that Site is directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON ANY SITE, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE SERVICES OR PRODUCTS IDENTIFIED ON THAT SITE, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE SITE IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT A SITE OR REWARD PROGRAM OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access a Site do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports.

Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. This Agreement does not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND RESERVES THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit a Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. This Agreement, as well as all other documents related to it, including notices and correspondence, will be in the English language only.

CONTACTING US

If you have questions about this Agreement, or if you have technical questions about the operation of a Site, please contact us by emailing us at [email protected].