Terms of Service
Last Updated: 8/18/2025
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# Terms of Service for Prime Psychiatry and Wellness, PLLC
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## Legal Disclaimer
These Terms of Service are provided as a template and should be reviewed by a qualified attorney before use. This document may not be fully compliant with the laws in your jurisdiction, particularly healthcare regulations such as HIPAA in the United States or similar regulations in other countries.
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## 1. Introduction
These Terms of Service ("Terms") govern your access to and use of the Prime Psychiatry and Wellness, PLLC healthcare services, website, and applications (collectively, the "Services"). These Terms constitute a legally binding agreement between you and Prime Psychiatry and Wellness, PLLC ("we," "us," or "our"). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
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## 2. Definitions
"User," "you," and "your" refer to the individual accessing or using our Services.
"Content" refers to any text, images, videos, audio, or other material that appears on or through our Services.
"Personal Health Information" or "PHI" refers to individually identifiable health information as defined by applicable healthcare privacy laws.
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"Healthcare Provider" refers to any physician, nurse, or other healthcare professional providing services through our platform.
"Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark rights, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights.
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## 3. Acceptance of Terms
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use our Services.
## 4. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting a prominent notice on our website or by sending you an email. Your continued use of our Services after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Services.
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## 5. Eligibility
To use our Services, you must be at least 18 years old. If you are accessing our Services on behalf of a minor, you represent that you are the parent or legal guardian of such minor and have the legal authority to make healthcare decisions on their behalf. By using our Services, you represent and warrant that you meet these eligibility requirements.
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If you think you may have a medical emergency, call your doctor or emergency services immediately. Prime Psychiatry and Wellness, PLLC does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on our Services.
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## 6. Healthcare Services
If our Services include telehealth or other direct healthcare services provided by Healthcare Providers:
- You acknowledge that the Healthcare Providers are independent professionals responsible for their own clinical services.
- You acknowledge that telehealth involves the electronic communication of your medical information, and that telehealth has limitations compared to in-person consultations.
- You understand that technical failures may necessitate an alternative form of communication or appointment rescheduling.
- In the event of an emergency, you will seek emergency medical services immediately and not rely on our telehealth Services.
- You agree to provide accurate, complete, and up-to-date information about your health history, symptoms, and other requested information.
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## 7. User Accounts
You may be required to create an account to access certain features of our Services. You are responsible for:
- Providing accurate, current, and complete information
- Maintaining the confidentiality of your password and account
- All activities that occur under your account
- Notifying us immediately of any unauthorized use of your account
We reserve the right to suspend or terminate your account at our discretion if we believe you have violated these Terms or if we believe your account may pose a risk to our Services or other users.
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## 8. Privacy and Health Information
We take the privacy and security of your Personal Health Information very seriously. Our collection, use, and disclosure of your PHI is governed by our Privacy Policy and applicable healthcare privacy laws, which may include the Health Insurance Portability and Accountability Act (HIPAA) in the United States or equivalent laws in other jurisdictions.
By using our Services, you consent to our collection, use, and disclosure of your information as described in our Privacy Policy. You may be asked to provide additional specific authorizations for certain uses or disclosures of your PHI.
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## 9. Payment and Insurance
If our Services involve payment for healthcare services:
- You agree to pay all fees associated with the Services at the time they are provided or as otherwise specified.
- You acknowledge that we may bill your insurance for covered services, but you remain ultimately responsible for any amounts not covered by insurance.
- You authorize us to charge your payment method for any services provided.
- You acknowledge that we may use third-party payment processors who may have their own terms of service.
- You represent that you will provide accurate insurance information, if applicable, and promptly notify us of any changes to your insurance coverage.
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## 10. Appointment Cancellation
If our Services include scheduling appointments with Healthcare Providers, you agree to provide notice of cancellation greater than 24 hours prior to the scheduled appointment time according to our cancellation policy. Failure to provide sufficient notice will result in a cancellation fee of $100.
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## 11. User Content
You may have the opportunity to submit User Content to our Services, such as in forums or feedback forms. You retain ownership of any User Content you submit, but you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any media or distribution methods, subject to applicable healthcare privacy laws.
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You represent and warrant that you have all necessary rights to grant us this license and that your User Content does not violate any third-party rights or applicable laws.
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We reserve the right to remove any User Content at our discretion.
## 12. Prohibited Conduct
You agree not to:
- Violate any applicable law or regulation
- Infringe the rights of others, including intellectual property rights
- Harass, abuse, or harm another person
- Interfere with the proper functioning of our Services
- Attempt to breach any security or authentication measures
- Use our Services for any illegal or unauthorized purpose
- Access or attempt to access other users' accounts or PHI without authorization
- Post or transmit malicious code or other harmful computer code
- Scrape, crawl, or otherwise extract data from our Services without permission
- Impersonate others, including Healthcare Providers, or misrepresent your professional qualifications
- Submit false, misleading, or inaccurate information, particularly regarding your health or medical condition
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## 13. Intellectual Property
All content provided by Prime Psychiatry and Wellness, PLLC, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Prime Psychiatry and Wellness, PLLC or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. The compilation of all content on our Services is the exclusive property of Prime Psychiatry and Wellness, PLLC and is protected by international copyright laws.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Prime Psychiatry and Wellness, PLLC.
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## 14. Third-Party Links and Services
Our Services may contain links to third-party websites or services that are not owned or controlled by Prime Psychiatry and Wellness, PLLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Prime Psychiatry and Wellness, PLLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
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## 15. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Prime Psychiatry and Wellness, PLLC DOES NOT WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. Prime Psychiatry and Wellness, PLLC DISCLAIMS ALL LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED THROUGH OUR SERVICES.
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## 16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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## 17. Indemnification
You agree to indemnify, defend, and hold harmless Prime Psychiatry and Wellness, PLLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms, your User Content, or your use of our Services. Prime Psychiatry and Wellness, PLLC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Prime Psychiatry and Wellness, PLLC in asserting any available defenses.
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## 18. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
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## 19. Dispute Resolution
Any disputes arising from these Terms will be resolved through binding arbitration in accordance with the American Arbitration Association rules. The arbitration shall take place in [City, State]. You agree to waive any right to a jury trial.
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## 20. Entire Agreement
These Terms, including our Privacy Policy, constitute the entire agreement between you and Prime Psychiatry and Wellness, PLLC regarding your use of our Services and supersede any prior agreements between you and Prime Psychiatry and Wellness, PLLC relating to your use of our Services.
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## 21. Waiver and Severability
The failure of Prime Psychiatry and Wellness, PLLC to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
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## 22. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Prime Psychiatry and Wellness, PLLC, but may be assigned by Prime Psychiatry and Wellness, PLLC without restriction.
## 23. Termination
We reserve the right to suspend or terminate your access to our Services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of our Services, us, or third parties, or for any other reason. Upon termination, your license to use our Services will immediately cease.
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## 24. Contact Information
If you have any questions about these Terms, please contact us at Prime Psychiatry and Wellness PLLC.
Kylee Dalton
850-806-1668
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Last Updated: 2025-08-19
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## Regulatory Compliance
### General Data Protection Regulation (GDPR) Compliance
The following provisions apply to users protected by European Union regulations:
## Data Collection Under GDPR
In compliance with the General Data Protection Regulation (GDPR), we collect and process your personal data only when we have a lawful basis to do so. This includes processing based on your consent, to fulfill a contract with you, to comply with a legal obligation, to protect your vital interests, to perform a task in the public interest, or for our legitimate interests where those don't override your fundamental rights and freedoms.
We collect only the minimum data necessary for the purposes specified in this policy. When we request your consent to process your data, you have the right to withdraw that consent at any time.
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## Data Processing Under GDPR
We process personal data in accordance with the principles outlined in the GDPR:
- **Lawfulness, fairness, and transparency**: We process data lawfully, fairly, and in a transparent manner.
- **Purpose limitation**: We collect data for specified, explicit, and legitimate purposes and do not process it in a manner incompatible with those purposes.
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- **Data minimization**: We limit data collection to what is necessary for the purposes for which it is processed.
- **Accuracy**: We take reasonable steps to ensure personal data is accurate and kept up to date.
- **Storage limitation**: We keep data in a form that permits identification only as long as necessary for the purposes of processing.
- **Integrity and confidentiality**: We process data in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage.
We maintain records of our data processing activities and conduct data protection impact assessments where required by law.
## Your Rights Under GDPR
If you are located in the European Economic Area (EEA), you have the following rights with respect to your personal data:
- **Right to access**: You can request a copy of the personal data we hold about you.
- **Right to rectification**: You can request that we correct inaccurate or incomplete data about you.
- **Right to erasure**: You can request that we delete your personal data in certain circumstances.
- **Right to restrict processing**: You can request that we restrict the processing of your data in certain circumstances.
- **Right to data portability**: You can request to receive your data in a structured, commonly used, and machine-readable format.
- **Right to object**: You can object to our processing of your personal data in certain circumstances.
- **Rights related to automated decision-making**: You can request human intervention in automated decisions that significantly affect you.
To exercise these rights, please contact us at admin@primepsychiatryfl.com We will respond to your request within 30 days.
## International Data Transfers
If we transfer your personal data outside the European Economic Area (EEA), we will ensure that appropriate safeguards are in place to protect your data, such as:
- Transferring to countries deemed by the European Commission to provide adequate protection
- Using Standard Contractual Clauses approved by the European Commission
- Adopting Binding Corporate Rules for transfers within our corporate group
- Where applicable, relying on derogations for specific situations such as your explicit consent or the necessity to perform a contract with you
You have the right to obtain information about the safeguards we use to transfer your personal data outside the EEA by contacting us at admin@primepsychiatryfl.com.
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### California Consumer Privacy Act (CCPA) Compliance
The following provisions apply to users protected by California, United States regulations:
## Information Collection Notice for California Residents
Under the California Consumer Privacy Act (CCPA), we are required to inform California residents about the categories of personal information we collect and the purposes for which we use this information.
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In the past 12 months, we have collected the following categories of personal information:
- Identifiers (such as name, email address, IP address)
- Commercial information (such as products purchased or considered)
- Internet or other electronic network activity (such as browsing history)
- Geolocation data
- Inferences drawn from other personal information
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We use this information for the business and commercial purposes described in our Privacy Policy.
## California Privacy Rights
If you are a California resident, you have the following rights under the CCPA:
- **Right to know**: You can request information about the personal information we have collected about you and how we have used and disclosed it.
- **Right to delete**: You can request the deletion of your personal information, subject to certain exceptions.
- **Right to opt-out**: You can opt out of the sale of your personal information, if applicable.
- **Right to non-discrimination**: We will not discriminate against you for exercising any of your CCPA rights.
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To exercise your rights, you can submit a verifiable consumer request by contacting us at admin@primepsychiatryfl.com or through the methods described in our Privacy Policy. You may make a request up to twice within a 12-month period. We will respond to your request within 45 days, with a possible extension of up to 45 additional days when reasonably necessary.
## California Do Not Sell My Personal Information
Under the CCPA, California residents have the right to opt-out of the sale of their personal information. [DOES/DOES NOT] sell personal information as defined by the CCPA.
[IF APPLICABLE: To opt out of the sale of your personal information, please contact us at admin@primepsychiatryfl.com.
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### Children's Online Privacy Protection Act (COPPA) Compliance
The following provisions apply to users protected by United States regulations:
## Children's Privacy
We comply with the requirements of the Children's Online Privacy Protection Act (COPPA) and other applicable laws. Our Services are not directed to children under the age of 18, and we do not knowingly collect personal information from children under 18 years of age.
If our Services are intended for use by children under 18, or if we have actual knowledge that we collect personal information from children under 18, we will obtain verifiable parental consent before collecting such information. We implement appropriate measures to ensure that we collect, use, and disclose such information in accordance with COPPA and other applicable laws.
## Parental Consent
If we knowingly collect personal information from children under 18, we will obtain verifiable parental consent before collecting, using, or disclosing such information. We may obtain parental consent through any of the methods approved by the Federal Trade Commission, which may include:
- A signed consent form returned to us by mail, fax, or electronic scan
- Requiring a parent to use a credit card, debit card, or other online payment system in connection with a transaction
- Having a parent call a toll-free telephone number or connect to trained personnel via video conference
- Verifying a parent's identity by checking a government-issued ID against databases of such information
If you are a parent or guardian and believe your child has provided us with personal information without your consent, please contact us at admin@primepsychiatryfl.com. If we confirm that we have collected such information without verifiable parental consent, we will promptly delete the information from our records.
## Parents' Rights
If you are a parent or guardian of a child under 18 whose information has been submitted to us with your consent, you have the right to:
- Review the personal information we have collected from your child
- Refuse to allow further collection or use of your child's information
- Direct us to delete your child's personal information
To exercise these rights, please contact us at admin@primepsychiatryfl.com. We will respond to your request within a reasonable time and may require additional information to verify your identity as the child's parent or guardian.
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### Third-Party Applications
If you develop applications for third parties that integrate with our API, you agree to:
- Provide clear attribution identifying the use of our Service in your application
- Ensure your end users comply with these Terms
- Not misrepresent your relationship with us or suggest that we endorse your application
- Comply with all applicable laws and regulations, including data protection laws
### Monitoring and Analytics
We may monitor your use of the API for compliance with these Terms, security purposes, and to improve our Services. This monitoring may include the number of API calls, traffic patterns, and content of API requests and responses (consistent with our Privacy Policy).
## Data Processing Terms
### Scope and Roles
These Data Processing Terms apply when we process personal data on your behalf in the course of providing our Services. For the purpose of these terms, you are the "Data Controller" and we are the "Data Processor" as those terms are defined in applicable data protection laws.
These terms supplement our Terms of Service and form a Data Processing Agreement ("DPA") between you and us. In case of any conflict between these Data Processing Terms and the rest of our Terms of Service, these Data Processing Terms shall prevail with respect to the processing of personal data.
### Processing Obligations
We will:
- Process personal data only on your documented instructions, including with regard to transfers of personal data to a third country or international organization
- Ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality
- Implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk of processing
- Assist you, taking into account the nature of processing, in responding to requests from data subjects
- Assist you in ensuring compliance with security, breach notification, impact assessment, and consultation obligations under applicable data protection laws
- At your choice, delete or return all personal data to you after the end of the provision of services relating to processing
- Make available to you all information necessary to demonstrate compliance with these obligations and contribute to audits, including inspections, conducted by you or an auditor mandated by you
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## Accessibility
### Commitment to Accessibility
We are committed to making our Services accessible to all users, including those with disabilities. We strive to conform to WCAG 2.1 Level AA standards (Web Content Accessibility Guidelines) and applicable laws regarding accessibility.
### Accessibility Features
Our Services may include the following accessibility features:
- Text alternatives for non-text content
- Captions and other alternatives for multimedia
- Content that can be presented in different ways without losing information
- Functionality that is available from a keyboard
- Sufficient time for users to read and use content
- Content that does not cause seizures or physical reactions
- Ways to help users navigate and find content
- Text that is readable and understandable
- Content that appears and operates in predictable ways
- Input assistance to help users avoid and correct mistakes
- Compatibility with current and future user tools
### Third-Party Content
While we strive to ensure all content on our Services is accessible, we may not have control over all third-party content or applications that may be integrated into our Services. We cannot guarantee that such third-party content will meet all accessibility requirements.
### Feedback and Assistance
If you experience any difficulty accessing any part of our Services, or if you require assistance or have suggestions for improving accessibility, please contact us at admin@primepsychiatryfl.com. We welcome your feedback and are committed to continually improving the accessibility of our Services.
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## Intellectual Property Rights
### Our Intellectual Property
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Prime Psychiatry and Wellness PLLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the USA. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Prime Psychiatry and Wellness, PLLC.
### Your License to Use Our Content
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes. This license does not include any resale or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
### Third-Party Intellectual Property
The Service may display content that belongs to third parties. You may not use this third-party content without the permission of these third parties, and your use of third-party content may be subject to additional terms and conditions. We are not responsible for examining or evaluating the content or accuracy of any third-party content, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
### Copyright Complaints
If you believe that any material available on or through the Service infringes upon your copyright, please notify us in accordance with our Copyright Policy, which is incorporated by reference into these Terms. We will respond to notices of alleged copyright infringement that comply with applicable law. We reserve the right to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that allegedly infringes any copyright.
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