Innerwell on its own behalf and on behalf of one or more professional corporations incorporated, formed or authorized in one or more states and for which Innerwell provides administrative services (collectively, the “Professional Entities”), makes certain information available to you concerning remote mental health therapy and the prescription by a licensed healthcare provider, when medically appropriate, of certain DEA controlled substances (collectively, the “Services”). Our Privacy Policy details how we may use, share and maintain any information that you provide to us or to the Professional Entities. Innerwell's role is limited to making such information available to you and/or facilitate your access to the Services, on behalf of the Professional Entities as their “business associate” as that term is defined under the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”). Innerwell is independent from the Professional Entities and the healthcare providers that may provide you with Services through the Professional Entities. Innerwell is not responsible for the Professional Entities’ acts, omissions or for any content of the communications made by them to you. Innerwell does not engage in the practice of medicine or provide any other health services. 

Innerwell itself does not offer or provide any diagnosis, treatment, medical advice, or healthcare opinions. ALL INFORMATION PROVIDED ON THIS SITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY INNERWELL IS INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY AND IS IN NO WAY INTENDED TO CREATE A PROVIDER-PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. USE OF THE INNERWELL SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT AND RELIANCE ON ANY INFORMATION PROVIDED BY INNERWELL IS SOLELY AT YOUR OWN RISK. INNERWELL IS NOT RESPONSIBLE FOR, AND YOU RELEASE INNERWELL FROM, ANY LOSS, LIABILITY, DAMAGE, OR HARM ARISING IN CONNECTION WITH YOUR ENGAGEMENT WITH ANY HEALTHCARE PROVIDER OR PROFESSIONAL ON OR THROUGH THE SITE OR IN CONNECTION WITH THE SERVICES.

¹KBS Medical, P.A., a Florida professional service corporation, RJB Medical, P.C., a New York professional service corporation, KBS Medical New Jersey, P.C a New Jersey professional corporation, and KBS Medical California, P.C., a California professional corporation.

By accessing the Site, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these TOU with Innerwell, (iii) the information you have provided to Innerwell in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Site (v) you will not interfere with a third party's use and enjoyment of the Site (vi) you will not interfere with or disrupt Innerwell's or its vendors' security measures, (vii) if any information you provide to Innerwell becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Innerwell, and (viii) you are accessing the Site for yourself.

In connection with your relationship with Innerwell, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information. We will use your information in accordance with our Privacy Policy.

Innerwell is designed to support your health decisions and choices you make. These decisions and choices are yours, and we believe that you are the best decision maker about your health and that these decisions should be made in connection with the advice you receive from a formal provider-patient relationship. Always use common sense when making health decisions. Innerwell cannot make decisions for you. Innerwell is not a place for treatment or diagnosis. Please use any information you find on the Site responsibly.

You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described on the Site) to enable use of the Site, including, but not limited to, a computer or mobile device with internet access. You are solely responsible for any fees, including internet connection or mobile fees that you incur while using the Site. You also have a duty to provide truthful, accurate, and complete information in any forms or other communications you submit to or through the Site. We reserve the right to change the access configuration, including any software, hardware, or other requirements of the Site at any time without prior notice.

If you are entitled to benefits under any insurance policy or other health benefit plan (“Health Plan”), in consideration of your receipt of the Services, you irrevocably assign, transfer and convey all rights and benefits payable under the Health Plan for Services rendered by Innerwell and the Professional Entities. You agree to cooperate with any efforts by Innerwell to secure reimbursement for the Services provided. Further, you designate Innerwell as your authorized representative. By this assignment and designation, you authorize payment to be made directly to Innerwell and the Professional Entities. YOU UNDERSTAND THAT THIS AUTHORIZATION AND DESIGNATION DOES NOT RELIEVE YOU OF FINANCIAL RESPONSIBILITY FOR CHARGES INCURRED BY YOU. If your Health Plan sends you payments for the Services, you are to immediately send those payments to Innerwell. If you fail to do so, you will be responsible for those amounts, in full, as well as any associated cost-share, deductible, co-pay and/or co-insurance. In the event you overpay for the Services, you authorize Innerwell to apply such overpayment to satisfy any outstanding charges you owe for the Services. This authorization does not include Health Plan payments made on your behalf. You further authorize and irrevocably assign to Innerwell the following rights:

i. To communicate with your Health Plan, to request any adjustment to your Health Plan’s reimbursement of the Services provided, and to file any and all necessary claims, demands or appeals with your Health Plan arising from a denied, underpaid or misclassified claim;

ii. To demand and receive the production of, or access to, any documents and information, including, without limitation, any copies of Health Plan documents, coverage policies, guidelines and any other materials affecting the coverage and reimbursement of any Services provided to you, from any entity or person to the fullest extent of your rights to do so under applicable law;

iii. To bring legal action, if needed, in any forum against your Health Plan under applicable laws, including, without limitation, the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) and/or the Federal Employee Health Benefit Act, as amended;

iv. To recover benefits under the terms of your Health Plan, to enforce your rights under the terms of your Health Plan, or to clarify your rights to future benefits under the terms of your Health Plan;

v. To enjoin any act or practice which violates any provision of ERISA or the terms of your Health Plan, or to obtain other appropriate equitable relief to redress such violations or to enforce any provisions of ERISA or the terms of your Health Plan; and

vi. To recover the costs of pursuing such action, including, reasonable attorney fees, as permitted.

The foregoing designation and assignment of benefits and rights are without limitation and without reservation of any part or aspect thereof.

If you provide information to us about your Health Plan and agree to this TOU, you acknowledge and agree that your purchase of the Services may include both (i) “Covered Services” (as such term is defined by your Health Plan) and (ii) Services that are NOT “Covered Services” and/or not reimbursed by your Health Plan (“Non-Covered Services”). Covered Services can include appointments with a health care provider. Non-Covered Services can include prescription medication, as well as tools and services meant to enhance your healthcare experience.

In addition to the foregoing authorization for assignment of benefits, by agreeing to use the Services, you acknowledge and agree that, to the extent the Services you use are Non-Covered Services: (i) you are explicitly choosing to obtain products and services on a cash basis (“Self-Pay”) outside of any federal or state healthcare program and you have sole financial responsibility for all Non-Covered Services provided to you, and (2) neither you nor Innerwell nor the Professional Entities nor any pharmacies used in connection with the Non-Covered Services will submit a claim for reimbursement to any federal or state healthcare program for the costs of such services and products provided to you through the Non-Covered Services.     

Subject to any ability to refund as outlined in the following sections, you agree that you will be charged for the Services by providing a credit card or other payment method accepted by Innerwell (“Payment Method”), and you are expressly agreeing that Innerwell is authorized to charge to the Payment Method any fees for Services, together with any applicable taxes. You agree that you will be charged for the Services in accordance with the payment schedule as set forth in the Innerwell invoice issued to you. If you provide information about your Health Plan and agree to use the Services, you are responsible for payment of Non-Covered Services at the time of the service. Your Payment Method will be charged the cost-share, deductible, co-pay, and/or co-insurance once your appointment is completed.

You agree that authorizations to charge your Payment Method remain in effect until you cancel it in writing by notification to care@helloinnerwell.com, and you agree to notify Innerwell of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Non-Covered Services. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, Innerwell may at its discretion attempt to process the charge again at any time within 30 days.

In select cases where a health care provider may be required to provide significant incremental support outside of session time, you may be asked to purchase more clinical time in advance.

Cancellation and No Shows Terms.

By enrolling with Innerwell, you consent to Innerwell’s Cancellation and No-Show terms. In accordance with these terms, Innerwell reserves the right to charge you a $100 “no-show” fee should you miss an appointment without providing proper notice of cancellation at least 24 hours prior to the start time of your scheduled appointment.

We also reserve the right to charge you a $100 “late cancellation” fee should you cancel or reschedule an appointment less than 24 hours prior to the start time of your scheduled appointment.

Both fees are directly assessed to the Payment Method. They are not non-refundable and not reimbursable by the Health Plan, if applicable.

Service Termination

You may request to discontinue use of the Services at any time. We may terminate your use of Services at any time if you do not follow the Innerwell program protocol (“Patient Breach”). Causes for Patient Breach may include but are not limited to:

• Starting or continuing ketamine treatment with another provider outside of Innerwell,
• Misrepresentation or falsification of prior medical or health history (e.g., if information is revealed, as in a PMP controlled substance registry search, that was not disclosed during your onboarding process and such information leads your psychiatric health care provider to determine that you are medically or psychiatrically unfit to proceed with treatment at Innerwell),
• Misuse or distribution of medication as prescribed,
• Failure to comply with provided safety protocols, including failure to document treatment sessions, blood pressure, and sitter information in the Innerwell Portal,
• Abusive and threatening behavior,
• Continued refusal to pay for the Services, and
• Patient non-communication or unresponsiveness to Innerwell staff or communications for ninety (90) or more days

We may terminate your use of the Services by sending notice to you at the email address you provided to us or by otherwise contacting you. If we terminate your use of the Services, we may also notify your Health Plan, if applicable.

Requests to discontinue Services must be sent to care@helloinnerwell.com and approved by an Innerwell team member before you can become eligible for a refund. Individuals whose Services are terminated by Innerwell for Patient Breach, as defined above, are not eligible for refunds. At the company’s discretion, you may be deemed ineligible to receive a refund if more than 30 days have elapsed from the date of your purchase and you have not utilized any clinical Services. We are also not able to accept returns or refunds for:

• Prescription medication, and 
• Covered Services that have been fully or partially reimbursed by your Health Plan, if applicable

All refunds will be issued within 7-10 business days of refund approval. It may take 5-10 days after the refund is issued for the refund to appear in your account. The funds will be returned to the Payment Method used to make the original payment or the bank account associated with the Payment Method used to make the original payment.

If you choose to cancel your use of the Services, and have not been terminated by Innerwell for Patient Breach, you may be eligible for a full or partial refund. Below we describe in detail how refunds work across our various care offerings if (i) you do not have insurance and/or have elected to Self-Pay for the Services, or (ii) pay for Services in conjunction with your Health Plan.

Foundation Program

Full refund

• You will receive a full refund if you cancel before your initial evaluation (i.e., medical consultation with a psychiatric health care provider) and provide at least 24 hours' notice.
• You are also eligible for a full refund if you complete your initial evaluation and your health care provider determines that you are not a good candidate for treatment at this time due to medical or psychiatric factors that were not requested during our intake questionnaire. If any information shared during the intake questionnaire was omitted or inaccurate, it may affect our ability to issue a full refund.

Partial refund

• If you cancel after your initial evaluation with your psychiatric health care provider but before your first medicine shipment, or you did not follow through on obtaining the requested clearance or documentation for you to proceed with treatment, you will be charged a total of $350 and the rest of your program will be refunded.
• If you cancel after your first medicine shipment, but before your first medical check-in (i.e., second appointment with your psychiatric health care provider), you will be charged a total of $450 (if you have not completed your included “Meet Your Therapist” psychotherapy session) or $615 (if you have completed your included “Meet Your Therapist” psychotherapy session) and the rest of your program will be refunded.
• If you complete your first medical check-in, but ultimately decide that you do not want to proceed with your second medicine shipment, you will be charged a total of $650 (if you have not completed your included “Meet Your Therapist” psychotherapy session) or $815 (if you have completed your included “Meet Your Therapist” psychotherapy session) and the rest of your program will be refunded. 
• If you wish to cancel psychiatry or psychotherapy Services that were purchased in addition to the  Foundation Program, you will be refunded for the full cost of any Services purchased that have not yet been scheduled. Once scheduled, psychiatry and psychotherapy sessions can only be refunded if they are canceled at least 24 hours before the start time of your scheduled appointment. If you purchased a psychiatry or psychotherapy bundle where Services were listed at a discounted rate, you will be refunded the discounted cost of unused Services.

No refund

• If you cancel after your second medicine shipment, you are not eligible for any refund.
• Psychiatry and psychotherapy sessions, once delivered or within 24 hours of the start time of your scheduled appointment, are not eligible for any refund.

Extended Program

Full refund

• You will receive a full refund if you cancel before your initial evaluation (i.e., medical consultation with a psychiatric health care provider) and provide at least 24 hours' notice.
• You are also eligible for a full refund if you complete your initial evaluation and your health care provider determines that you are not a good candidate for treatment at this time due to medical or psychiatric factors that were not requested during our intake questionnaire. If any information shared during the intake questionnaire was omitted or inaccurate, it may affect our ability to issue a full refund.

Partial refund

• If you cancel after your initial evaluation with your psychiatric health care provider but before your first medicine shipment, or you did not follow through on obtaining the requested clearance or documentation for you to proceed with treatment, you will be charged a total of $350 and the rest of your program will be refunded.
• If you cancel after your first medicine shipment, but before your first medical check-in (i.e., second appointment with your psychiatric health care provider), you will be charged a total of $450 (if you have not completed your included “Meet Your Therapist” psychotherapy session) or $615 (if you have completed your included “Meet Your Therapist” psychotherapy session) and the rest of your program will be refunded.
• If you complete your first medical check-in, but ultimately decide that you do not want to proceed with your second medicine shipment, you will be charged a total of $650 (if you have not completed your included “Meet Your Therapist” psychotherapy session) or $815 (if you have completed your included “Meet Your Therapist” psychotherapy session) and the rest of your program will be refunded.
• If you cancel after your second medicine shipment, but before your second medical check-in (i.e., third appointment with your psychiatric health care provider), you will be charged a total of $1098 and the rest of your program will be refunded.
• If you complete your second medical check-in, but ultimately decide that you do not want to proceed with your third medicine shipment, you will be charged a total of $1298 and the rest of your program will be refunded.
• If you cancel after your third medicine shipment, but before your third medical check-in (i.e., fourth appointment with your psychiatric health care provider), you will be charged $1798 and the rest of your program will be refunded.
• If you complete your third medical check-in, but ultimately decide that you do not want to proceed with your fourth medicine shipment, you will be charged a total of $1998 and the rest of your program will be refunded.
• If you wish to cancel psychiatry or psychotherapy Services that were purchased in addition to the Extended Program, you will be refunded for the full cost of any Services purchased that have not yet been scheduled. Once scheduled, psychiatry and psychotherapy sessions can only be refunded if they are canceled at least 24 hours before the start time of your scheduled appointment. If you purchased a psychiatry or psychotherapy bundle where Services were listed at a discounted rate, you will be refunded the discounted cost of unused Services.

No refund

• If you cancel anytime after your fourth medicine shipment, you are not eligible for any refund.
• Psychiatry and psychotherapy sessions, once delivered or within 24 hours of the start time of your scheduled appointment, are not eligible for any refund.

Introductory Programs

Introductory Programs include all introduction or promotional treatment programs that we offer, including the 2-Dose Program and the Discover Consult. These programs are only offered in select circumstances, and your purchase must be initiated or approved by an Innerwell team member. Psychotherapy packages and standalone psychiatry and psychotherapy bundles and sessions are not considered part of Innerwell’s Introductory Programs and do not fall under its refund policy.

Full refund

• Applies to the 2-Dose Program only. You will receive a full refund if you cancel before your initial evaluation (i.e., medical consultation with a psychiatric health care provider) and provide at least 24 hours' notice.
• You are also eligible for a full refund if you complete your initial evaluation and your health care provider determines that you are not a good candidate for treatment at this time due to medical or psychiatric factors that were not requested during our intake questionnaire. If any information shared during the intake questionnaire was omitted or inaccurate, it may affect our ability to issue a full refund.

Partial refund

• Applies to the 2-Dose Program only. If you cancel after your initial evaluation but before your first medicine shipment, or you did not follow through on obtaining the requested clearance or documentation for you to proceed with treatment, you will be charged a total of $350 and the rest of your program will be refunded.
• Applies to the 2-Dose Program only. If you wish to cancel psychiatry or psychotherapy Services that were purchased in addition to an Introductory Program, you will be refunded for the full cost of any Services purchased that have not yet been scheduled. Once scheduled, psychiatry and psychotherapy sessions can only be refunded if they are canceled at least 24 hours before the start time of your scheduled appointment. If you purchased a psychiatry or psychotherapy bundle where Services were listed at a discounted rate, you will be refunded the discounted cost of unused Services.

No refund

• Applies to the 2-Dose Program only. If you cancel anytime after your first medicine shipment, you are not eligible for any refund.
• Applies to the Discover Consult only. Once completed, the initial evaluation is non-refundable, even if your health care provider determines that you are not a good candidate for treatment at this time.

Continued Care Programs

Full refund

• If you purchase a Continued Care Program that does not have a required medical check-in and you cancel before the medicine has shipped, you are eligible for a full refund.
• If you purchase a Continued Care Program that has a required medical check-in and you cancel with more than 24 hours’ notice of your check-in, you will receive a full refund. 
• If you purchase a Continued Care Program that has a required medical check-in and your health care provider determines that you are not a good candidate for treatment at this time, you will receive a full refund.

Partial refund

• If you purchase a Continued Care Program that is more expensive than the Continued Care Program that you and your health care provider agreed on, you are eligible for a partial refund for the difference in cost between the two plans. 
• If you purchase a Continued Care Program (that has a required medical check-in) and complete the medical check-in, but ultimately decide that you do not want to proceed with your medicine shipment, you will be charged a total of $200 and the rest of your program will be refunded.
• If you wish to cancel psychiatry or psychotherapy Services that were purchased in addition to the Continued Care Programs, you will be refunded for the full cost of any Services purchased that have not yet been scheduled. Once scheduled, psychiatry and psychotherapy sessions can only be refunded if they are canceled at least 24 hours before the start time of your scheduled appointment. If you purchased a psychiatry or psychotherapy bundle where Services were listed at a discounted rate, you will be refunded the discounted cost of unused Services.

No refund

• If you cancel anytime after your medicine shipment, you are not eligible for any refund.

Psychiatry and Psychotherapy Services

You can schedule standalone psychiatry and psychotherapy sessions. All enrollees who purchase standalone psychiatry and psychotherapy sessions must undergo an initial evaluation (i.e., medical consultation with a psychiatric health care provider) to assess suitability to start treatment. Once completed, the initial evaluation is non-refundable, regardless of whether you are accepted into treatment.

Psychiatry and psychotherapy Services can also be purchased in conjunction with Innerwell’s Foundation Program, Extended Program, Introductory Programs, or Continued Care Programs, and do not fall under the Standalone Psychiatry and Psychotherapy Services refund policy.

Full refund

• You will receive a full refund if you cancel before your initial evaluation and provide at least 24 hours' notice.

Partial refund

• If you completed your initial evaluation and wish to cancel additional psychiatry or psychotherapy Services purchased, you will be refunded for the full cost of any Services purchased that have not yet been scheduled. Once scheduled, psychiatry and psychotherapy sessions can only be refunded if they are canceled at least 24 hours before the start time of your scheduled appointment. If you purchased a psychiatry or psychotherapy bundle where Services were listed at a discounted rate, you will be refunded the discounted cost of unused Services.

No refund

• Once completed, the initial evaluation is non-refundable, even if your health care provider determines that you are not a good candidate for treatment at this time.Once completed, the initial evaluation is non-refundable, even if your clinician determines that you are not a good candidate for treatment at this time.

Foundation Program

Full refund

• You will receive a full refund for Non-Covered Services if you cancel before your initial evaluation (i.e., medical consultation with a psychiatric health care provider) and provide at least 24 hours' notice.

Partial refund

• If you cancel after your first medicine shipment, you will be charged a total of $349 for Non-Covered Services, and any additional payments towards Non-Covered Services will be refunded.

No refund

• We do not accept returns or refunds for Covered Services that have been fully or partially reimbursed by your Health Plan. This applies even if you complete your initial evaluation and your health care provider determines that you are not a good candidate for treatment at this time.
• If you cancel after your second medicine shipment, you are not eligible for any refund of Non-Covered Services.

Extended Program

Full refund

• You will receive a full refund for Non-Covered Services if you cancel before your initial evaluation (i.e., medical consultation with a psychiatric health care provider) and provide at least 24 hours' notice.

Partial refund

• If you cancel after your first medicine shipment, you will be charged a total of $349 for Non-Covered Services, and any additional payments towards Non-Covered Services will be refunded.
• If you cancel after your second medicine shipment, you will be charged a total of $749 for Non-Covered Services, and any additional payments towards Non-Covered Services will be refunded.
• If you cancel after your third medicine shipment, you will be charged a total of $1049 for Non-Covered Services, and any additional payments towards Non-Covered Services will be refunded.

No refund

• We do not accept returns or refunds for completed appointments (Covered Services) that have been fully or partially reimbursed by your Health Plan. This applies even if you complete your initial evaluation and your health care provider determines that you are not a good candidate for treatment at this time.
• If you cancel after your fourth medicine shipment, you are not eligible for any refund of Non-Covered Services.

2-Dose Program

Full refund

• You will receive a full refund for Non-Covered Services if you cancel before your initial evaluation (i.e., medical consultation with a psychiatric health care provider) and provide at least 24 hours' notice.

Partial refund

• If you cancel after your initial evaluation but before your first medicine shipment, or you did not follow through on obtaining the requested clearance or documentation for you to proceed with treatment, you will be charged a total of $350 and the rest of your program will be refunded.
• If you wish to cancel psychiatry or psychotherapy Services that were purchased in addition to an Introductory Program, you will be refunded for the full cost of any Services purchased that have not yet been scheduled. Once scheduled, psychiatry and psychotherapy sessions can only be refunded if they are canceled at least 24 hours before the start time of your scheduled appointment. If you purchased a psychiatry or psychotherapy bundle where Services were listed at a discounted rate, you will be refunded the discounted cost of unused Services.

No refund

• We do not accept returns or refunds for completed appointments (Covered Services) that have been fully or partially reimbursed by your Health Plan. This applies even if you complete your initial evaluation and your health care provider determines that you are not a good candidate for treatment at this time.
• If you cancel anytime after your first medicine shipment, you are not eligible for any refund of Non-Covered Services.

Continued Care Programs

Full refund

• If you purchase a Continued Care Program that does not have a required medical check-in and you cancel before the medicine has shipped, you are eligible for a full refund of Non-Covered Services.
• If you purchase a Continued Care Program that has a required medical check-in and you cancel with more than 24 hours’ notice of your check-in, you will receive a full refund of Non-Covered Services. 
• If you purchase a Continued Care Program that has a required medical check-in and your health care provider determines that you are not a good candidate for treatment at this time, you will receive a full refund of Non-Covered Services.

Partial refund

• If you purchase a Continued Care Program that is more expensive than the Continued Care Program that you and your health care provider agreed on, you are eligible for a partial refund for the difference in cost of the Non-Covered Services between the two plans. 
• If you purchase a Continued Care Program (that has a required medical check-in) and complete the medical check-in, but ultimately decide that you do not want to proceed with your medicine shipment, all payments towards Non-Covered Services will be refunded. 

No refund

• If you cancel anytime after your medicine shipment, you are not eligible for any refund of Non-Covered Services.

Psychiatry and Psychotherapy Services

You can schedule standalone psychiatry and psychotherapy sessions. All enrollees who wish to schedule standalone psychiatry and psychotherapy sessions must undergo an initial evaluation (i.e., medical consultation with a psychiatric health care provider) to assess suitability to start treatment. Once completed, the initial evaluation is non-refundable, regardless of whether you are accepted into treatment.

Psychiatry and psychotherapy Services can also be scheduled in conjunction with Innerwell’s Foundation Program, Extended Program, Introductory Programs, or Continued Care Programs. We do not accept returns or refunds for completed appointments (Covered Services) that have been fully or partially reimbursed by your Health Plan.

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Innerwell may terminate your use of the Site or any of Innerwell’s features or services at any time and for any reason without notice. You agree that if your use of the Site is terminated pursuant to these TOU, you will not attempt to use the Site under any name, real or assumed. Except as otherwise provided in the Privacy Policy, or as required by applicable law, we have no obligation, whether before or after the termination of your use of the Site, to return or otherwise provide to you any information to use, or any other information that we have that relates to you.

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Innerwell may retain your information for (1) as long as it believes necessary; (2) as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce agreements; or (3) as long as needed to provide its users with the Services. Innerwell may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by Innerwell or as required by law. Please see the Privacy Policy for additional information about how your data will be handled by Innerwell.

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No delay or omission by Innerwell to exercise any right or power it has under these TOU or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Innerwell must be in writing and signed by an authorized representative of Innerwell.

These TOU, the Privacy Policy, and Innerwell’s collection, use, and disclosure of information are governed by United States law.

Innerwell strives to use reasonable physical, technical, and administrative measures to protect information under its control. However, you as a user of the Site are responsible for keeping your account passwords and login information secure and confidential, and you are responsible for any and all use of the Site. If you have reason to believe that the security of your account has been compromised, please notify us immediately at care@helloinnerwell.com. 

In accessing our services, you agree you will not harm, harass, threaten, abuse, defame, demean, discriminate against, or intimidate any affiliated health care provider who provides health care services related to the Services, as we determine in our sole discretion

As a User of the Site, you may choose to not provide us with certain information, but this may limit the features you will be able to use, or it may prevent you from using the Site all together. You may also choose to opt out of receiving certain communications from Innerwell.

Innerwell may supplement, amend, or otherwise modify these TOU at any time. When we make changes, we will revise the “last modified” date at the bottom of this document. We encourage you to review these TOU periodically.

YOUR ACCESS AND USE OF THE SITE IS VOLUNTARY AND IS AT YOUR SOLE RISK. INNERWELL DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SITE AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. INNERWELL DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE SITE. INNERWELL DOES NOT WARRANT THAT THE SITE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, OR IMPERFECTIONS.

IN NO EVENT SHALL INNERWELL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RESULTING FROM ACCESS TO, THE USE OR LOSS OF USE, OR INABILITY TO USE THIS SITE OR ANY OTHER SITE LINKED TO THIS SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, STATEMENT OR CONDUCT OF ANY THIRD PARTY, ANY INFORMATION, SITE, ERRORS, OR OMISSIONS IN THE CONTENT HEREOF, OR ANY OTHER MATTER RELATING TO YOUR USE OF OR ACCESS TO THE SITE. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST INNERWELL FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF THE SITE.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST INNERWELL ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OF YOUR USE OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

These TOU and any other agreements Innerwell may post on the Site or that you and Innerwell may execute from time to time constitute the entire agreement between Innerwell and you in connection with your use of the Site and supersede any prior agreements between Innerwell and you regarding use of the Site, including prior versions of these TOU.

Accessing this Site or use of any of its content or services from locations where such access or use of its content or services is illegal is prohibited. Notwithstanding the laws of the location from which you access the Site, you agree that the statutes and laws of the State of Florida, notwithstanding any principles of conflicts of law, will apply to all matters relating to the use of the Site. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Florida, Broward County, in respect of all matters and disputes arising hereunder and waive any defense of lack of personal jurisdiction in that jurisdiction.

If any part of these TOU are deemed unlawful, void, or unenforceable, such part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

In the event of any dispute between you and Innerwell, you agree that such dispute shall be resolved through arbitration in Broward County, Florida by the American Health Lawyers Association (“AHLA”) Dispute Resolution Service and conducted pursuant to the applicable AHLA Rules of Procedure for Arbitration (the “Arbitration Rules”). The fees and expenses of any arbitration shall be allocated in accordance with the “Standard Allocation” provisions of the Arbitration Rules. The award of the arbitrator shall be final, binding and conclusive on all parties to the arbitration.

When we make changes, we will revise the “last modified” date at the bottom of this document. We encourage you to review these TOU periodically. Your continued use of Innerwell constitutes your agreement to the changed TOU.

Last Modified:  February 26, 2024

Previous Terms of Service (effective through December 18th, 2023) available here.