These Terms of Service (“Terms”) govern your access to and use of services provided by Mindwave Therapy, including our website, virtual therapy platforms, and related technology services (collectively, “Services”). These Terms include an agreement to arbitrate disputes and your consent to receive communications electronically.

Please read these Terms carefully. By accessing or using our Services, you agree to be bound by them. If you are agreeing on behalf of another person (such as a family member), you confirm that you have the authority to do so and agree to these Terms on their behalf.

Mindwave Therapy works with affiliated licensed providers (“Providers”) who deliver clinical care via telehealth or in-office settings, depending on location and availability. These Terms apply to your use of our technology and support services. If you engage in therapy services through Mindwave Therapy, you may also be subject to additional consent forms and clinical agreements related to treatment.

Please refer to our HIPAA Notice of Privacy Practices to learn how we protect and use your personal and health information.

Dispute Resolution & Arbitration Agreement

By using our Services, you agree that any disputes will be resolved through binding, individual arbitration, unless you opt out within the time period provided. This means you waive your right to a jury trial or to participate in class action lawsuits. For details on opting out of arbitration, see the Dispute Resolution section below.

Updates to These Terms

We may update these Terms from time to time. If we make material changes, we’ll update the “Last Updated” date and provide a notice on our site. Continued use of the Services after updates means you agree to the revised Terms. If you do not agree with changes, you should stop using the Services.

Account Registration and Security

To access some features, you must create an account. You agree to provide accurate and up-to-date information and to keep your login credentials secure. You are responsible for all activity under your account. If you believe your account has been compromised, notify us immediately.

Avoid using public or shared devices to access sensitive information, and always log out when finished. We are not responsible for any loss due to unauthorized use of your account.

Termination of Use

You may stop using the Services at any time. We reserve the right to suspend or terminate your access at our discretion, including for violations of these Terms. If your access is terminated due to a breach, you are not entitled to a refund.

Acceptable Use of Services

Subject to these Terms, you are granted a limited, non-transferable license to use the Services for personal, non-commercial use. You agree not to:

• Harass, threaten, or abuse others.

• Violate any applicable laws or regulations.

• Use bots, scrapers, or automated systems to access or manipulate the Services.

• Interfere with or disrupt the platform or its security.

• Misrepresent your identity or health status.

• Share your account credentials with others.

• Collect or disclose others’ personal or health information without permission.

• Copy, frame, or distribute any content without prior written consent.

Consent to Electronic Communications

Email and text messaging allow Mindwave Therapy to communicate with you efficiently regarding your account, services, appointment reminders, and relevant mental health resources. This includes legal disclosures, Terms of Service, Privacy Policies, and other information related to the services we provide.

Please note that digital communications transmitted over unencrypted networks may not be fully secure, and there is some risk of these communications being accessed during transmission or storage. While we take your privacy seriously and strive to minimize the amount of confidential information shared over these channels, we cannot guarantee the security of networks we do not control, including the internet and any wireless networks.

By providing your email address and/or phone number and continuing to use our services, you consent to receive communications from Mindwave Therapy via email and text message. If at any time you wish to update your contact information or modify your communication preferences, you may do so by contacting: scheduling@mindwavetherapy.com.

Intellectual Property Rights

All content made available through Mindwave Therapy’s website and digital services—including text, graphics, logos, articles, videos, illustrations, and other materials (“Content”)—is protected by intellectual property laws. We own or license all rights, title, and interest in and to the Services and the Content.

You may not copy, modify, distribute, display, or create derivative works from any part of the Services or Content without our prior written permission. Any feedback or suggestions you provide become the sole property of Mindwave Therapy, and we reserve the right to use them without restriction.

Certain names, logos, and branding elements may constitute trademarks or service marks (“Marks”) of Mindwave Therapy or our partners. These may not be used without prior authorization.

Disclaimers

To the fullest extent allowed by law, Mindwave Therapy provides its services “as is” and “as available” with no warranties, express or implied. This includes but is not limited to any warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not guarantee that the Services will be uninterrupted, secure, or error-free. We also cannot guarantee that digital files or content will be free of viruses or harmful code. You are responsible for your own device protection and any damages resulting from use of the Services.

General wellness or educational content provided through our platforms is not a substitute for professional medical advice. Always consult with a qualified health provider for any questions regarding a medical or psychological condition. Use of the Services does not establish a provider-client relationship unless and until you are formally enrolled in therapy services through Mindwave Therapy.

Our services are intended for use within the United States and its territories. If you access the Services from outside the U.S., you do so at your own risk and are responsible for compliance with applicable laws.

Limitation of Liability

To the fullest extent permitted by law, Mindwave Therapy, its affiliates, licensors, employees, and agents shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of your use of or inability to use the Services. This includes but is not limited to loss of profits, data, goodwill, or interruption of services—even if we have been advised of the possibility of such damages.

If we are found liable for any claim related to these Terms or your use of the Services, our total liability shall not exceed the greater of $100 or the amount you have paid us for the Services during the 12 months prior to the claim.

Some jurisdictions do not allow certain limitations on implied warranties or the exclusion of damages, so some of the above disclaimers may not apply to you in full.

Exclusive Remedy

If you are dissatisfied with the Services, your sole and exclusive remedy is to stop using the Services and discontinue your account (if applicable).

Indemnification

You agree to indemnify and hold harmless Mindwave Therapy, its affiliates, subsidiaries, licensors, service providers, and each of their respective officers, directors, employees, contractors, and agents, from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and court costs) arising from or related to: (i) your or your authorized representative’s use of the Services; (ii) your violation of these Terms; (iii) your breach of any representations or warranties; or (iv) your infringement or violation of the rights of any third party.

Mindwave Therapy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with us in the defense of any such claim.

Dispute Resolution

a. Agreement to Arbitrate

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (“Dispute”) shall be resolved through final and binding arbitration, except that either party may:
(i) bring an individual action in small claims court, and
(ii) seek equitable or injunctive relief in a court of competent jurisdiction to protect intellectual property rights.

You may opt out of this agreement to arbitrate by sending written notice (“Arbitration Opt-Out Notice”) within thirty (30) days of accepting these Terms or first using the Services—whichever is earlier—to: scheduling@mindwavetherapy.com. If you do not opt out, you waive your right to a jury trial or to participate in a class or representative action.

If you opt out, or for any allowed court actions, you agree that jurisdiction and venue shall be in the courts of Pulaski County, Arkansas, and you consent to their exclusive jurisdiction.

b. Arbitration Rules

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Consumer-Related Disputes Supplementary Procedures, as modified by this section. The Federal Arbitration Act will govern.

c. Arbitration Process

To initiate arbitration, you must submit a written Demand for Arbitration to the opposing party in accordance with AAA rules. The arbitrator will be selected from AAA’s roster. If no agreement is reached within 7 days, AAA will appoint the arbitrator.

d. Location and Procedure

Unless otherwise agreed, arbitration will occur in the county where you reside.

• If your claim is under $10,000, arbitration may be conducted solely based on written submissions unless a hearing is requested or deemed necessary.

• If over $10,000, the rules will govern whether a hearing is granted.
  The arbitrator will allow for reasonable information exchange consistent with expedited procedures.

e. Arbitrator’s Decision

The arbitrator will issue a written decision with findings and conclusions. Any award may be entered in court. The arbitrator may grant only individual relief and must honor the “Limitation of Liability” section above. If you prevail, you may be entitled to recover attorneys’ fees where permitted by law. Mindwave Therapy waives any claim to attorneys’ fees if it prevails.

f. Fees

Your arbitration fees will follow the AAA Rules. However, if your claim is for less than $75,000, Mindwave Therapy will pay all arbitration fees unless the arbitrator determines the claim is frivolous or made in bad faith.

g. Changes

If we make changes to this Dispute Resolution section after your initial acceptance of these Terms, you may reject the changes by sending written notice to scheduling@mindwavetherapy.com within 30 days. Doing so means the previous version of the Dispute Resolution section will apply to any disputes.

Links to Third-Party Websites

Our Services may contain links to websites or resources operated by third parties. These links are provided for your convenience only. Mindwave Therapy does not control and is not responsible for the privacy practices, content, products, services, or materials available on or through any third-party sites. The inclusion of such links does not imply endorsement or recommendation by Mindwave Therapy. You access and use third-party websites at your own risk.

General Provisions

These Terms constitute the entire agreement between you and Mindwave Therapy regarding your use of the Services and supersede all prior agreements, written or oral, related to this subject matter.

These Terms are governed by the laws of the State of Arkansas, without regard to its conflict of law provisions. Mindwave Therapy may update, suspend, or discontinue any aspect of the Services at any time. We will make reasonable efforts to notify you of any material changes. We will not be liable for any changes to or discontinuation of the Services.

These Terms do not create any third-party beneficiary rights. You may not assign your rights or obligations under these Terms without our prior written consent. Mindwave Therapy may transfer or assign its rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

If you choose to submit comments, suggestions, or other feedback about the Services (“Feedback”), you acknowledge that Mindwave Therapy is free to use such Feedback for any purpose without compensation to you, and unless related to protected health information, without any confidentiality obligation.

Certain terms of these Terms that by their nature should survive termination (including but not limited to disclaimers, limitation of liability, indemnity, and dispute resolution) will remain in effect after you stop using the Services.

To maintain the integrity of our Services, we reserve the right to block access from specific IP addresses or take other necessary actions, at our sole discretion.

If you have any questions about these Terms, please contact us at scheduling@mindwavetherapy.com.