Mindscape Rx Holdings LLC - Terms and Conditions

Effective Date: March 5, 2025

1. Introduction

Welcome to Mindscape Rx Holdings LLC ("Company," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your use of our website, www.mindscaperx.com ("Website"), and our services ("Services"). By accessing or using our Services, you agree to these Terms. If you do not agree, do not use our Services.

2. Nature of Services

Mindscape Rx Holdings LLC is a marketing and facilitation organization that connects patients with licensed healthcare providers for telemedicine consultations and prescription facilitation. We do not practice medicine, provide medical advice, or dispense medications.

3. Eligibility

By using our Services, you confirm that you:

• Are at least 18 years old.
• Are legally capable of entering into a binding contract.
• Provide accurate and complete information as required for service access.

4. No Physician-Patient Relationship

• Mindscape Rx Holdings LLC does not establish a physician-patient relationship.
• All medical services are provided by independent healthcare professionals who are solely responsible for patient care and treatment decisions.
• Any communications through the Website or patient portal do not constitute medical advice and should not replace consultation with a licensed physician.
• Mindscape Rx Holdings LLC does not influence, modify, or interfere with medical decisions made by independent healthcare providers. Any diagnosis, prescription, or treatment provided is at the sole discretion of the provider, and Mindscape Rx Holdings LLC shall bear no liability for such decisions.
• Mindscape Rx Holdings LLC does not establish a physician-patient relationship.
• All medical services are provided by independent healthcare professionals who are solely responsible for patient care and treatment decisions.
• Any communications through the Website or patient portal do not constitute medical advice and should not replace consultation with a licensed physician.

5. Telemedicine Services & Prescription Facilitation

By using our facilitation services, you acknowledge and consent to:

• Remote consultations with licensed healthcare providers.
• Providing complete and accurate medical history.
• Following all prescribed treatment plans and recommendations.
• The possibility that a provider may determine you are not eligible for treatment.

Medication Disclosures:

• Medications are prescribed solely at the discretion of the healthcare provider.
• Mindscape Rx Holdings LLC does not guarantee any specific outcomes.
• You assume all risks associated with using prescribed medications.
• Medications may have side effects, and it is your responsibility to discuss these with the prescribing provider.
• All medical decisions, including treatment eligibility, are made at the sole discretion of the provider. Mindscape Rx Holdings LLC has no control over and assumes no liability for provider determinations.

6. Payment, Refund, and Cancellation Policy

• When a patient books a telemedicine appointment, Mindscape Rx Holdings LLC places a hold on the patient’s card for the full membership price, which includes the cost of both the telemedicine consultation and prescribed medication.
• If the provider approves the patient for treatment, the charge is processed in full.
• If the provider determines the patient is not eligible for treatment, the patient will receive a full refund, and Mindscape Rx Holdings LLC assumes the cost of the provider consultation.
• Payments for consultations and prescriptions must be made in advance.
• Once a prescription has been issued and fulfilled, no refunds will be provided.
• Chargebacks or disputes without valid cause may result in suspension of access to our Services.

7. No Guarantees & Limitation of Liability

• Mindscape Rx Holdings LLC makes no warranties or guarantees regarding the effectiveness, success, or safety of any treatments or medications.
• We are not liable for any adverse reactions, side effects, or complications arising from medications prescribed through our platform.
• We are not responsible for unauthorized access, data breaches, or loss of user information.
• In no event shall Mindscape Rx Holdings LLC, its affiliates, or its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages related to the use of our Services.
• Our total liability under any claim shall not exceed the amount paid for the Services in question.

8. Indemnification

You agree to indemnify and hold harmless Mindscape Rx Holdings LLC from any claims, losses, or damages arising from:

• Your use of our Services.
• Your failure to disclose medical history or follow provider recommendations.
• Any misuse or unauthorized distribution of prescribed medications.

9. Medical Disclaimer

• Our Website and Services do not provide medical advice. Information on www.mindscaperx.com is for informational purposes only.
• Always seek the advice of a licensed healthcare provider for medical concerns.
• If you experience a medical emergency, call 911 immediately.
• Mindscape Rx Holdings LLC does not provide crisis or emergency services. For mental health emergencies, contact the National Suicide Prevention Lifeline at 988.

10. FDA & Regulatory Compliance Disclaimer

• Some medications prescribed through our platform may be used off-label, which is at the sole discretion of the prescribing provider.
• Mindscape Rx Holdings LLC is not responsible for ensuring compliance with local, state, or federal laws regarding prescription medications.

11. Data Privacy & Security

• We protect your data in compliance with HIPAA and relevant privacy laws.
• Your personal health information may be shared with healthcare providers as necessary for consultations and treatment.
• Mindscape Rx Holdings LLC does not store or process medical records. Any use of patient information is governed solely by the provider’s privacy policies.
• Mindscape Rx Holdings LLC does not sell, share, or transfer consumer health data to third parties for commercial purposes.
• While we implement security measures to protect your data, we cannot guarantee absolute security of electronic communications.
• You must notify us immediately in case of a suspected data breach.

12. No Resale & Unauthorized Use

• You agree not to resell, redistribute, or share any medications obtained through our Services.
• Mindscape Rx Holdings LLC is not responsible for third-party misuse of medications.

13. User Conduct & Compliance

• You must not misrepresent your medical history or personal details to obtain prescriptions.
• Any attempt to provide false or misleading information may result in termination of access and legal consequences.
• Mindscape Rx Holdings LLC reserves the right to suspend or terminate a user’s access at any time if violations occur.

14. Communications Consent

• By using our platform, you agree that Mindscape Rx Holdings LLC or its partner providers may contact you via text, email, or phone for service-related communications. These communications may be automated, including AI-assisted chat responses or appointment reminders. Standard messaging rates apply. You may opt out at any time.
• Customer service calls may be recorded for quality control purposes.
• By using our platform, you agree that Mindscape Rx Holdings LLC or its partner providers may contact you via text, email, or phone for service-related communications. Standard messaging rates apply. You may opt out at any time.
• Customer service calls may be recorded for quality control purposes.

15. Intellectual Property & Website Content

• All content included as part of the Service, such as text, graphics, logos, images, and any software used on the Site, is the property of Mindscape Rx Holdings LLC or its licensors and is protected by copyright and other intellectual property laws.
• You may not copy, distribute, modify, or create derivative works based on this content without express permission from Mindscape Rx Holdings LLC.

16. Third-Party Links & External Services

• Mindscape Rx Holdings LLC may provide links to third-party websites for informational purposes.
• These sites are not under our control, and we are not responsible for their content, policies, or practices.
• The inclusion of any link does not imply endorsement by Mindscape Rx Holdings LLC.

17. Force Majeure

Mindscape Rx Holdings LLC shall not be liable for failure to perform due to causes beyond its control, including but not limited to natural disasters, supply chain disruptions, government actions, cyberattacks, pandemics, changes in regulatory or legal requirements, or any other unforeseen circumstances that render the Services impracticable or legally non-viable. Mindscape Rx Holdings LLC is not liable for service interruptions due to:

• Natural disasters
• Supply chain disruptions
• Government actions
• Cyberattacks or system failures
• Pandemics or other unforeseen circumstances

18. Governing Law & Dispute Resolution

• These Terms are governed by and construed in accordance with the laws of the State of Delaware.
• Any disputes will be resolved through binding arbitration under AAA (American Arbitration Association) or JAMS rules.
• Arbitration will take place in Delaware, and the losing party shall be responsible for arbitration costs and attorney’s fees.
• If arbitration is initiated against Mindscape Rx Holdings LLC and the claim is deemed frivolous by the arbitrator, the claimant shall be responsible for all costs associated with the arbitration, including but not limited to attorney’s fees, filing fees, and arbitrator costs.
• You waive any right to participate in class-action lawsuits against Mindscape Rx Holdings LLC.
• These Terms are governed by and construed in accordance with the laws of the State of Delaware.
• Any disputes will be resolved through binding arbitration under AAA (American Arbitration Association) or JAMS rules.
• Arbitration will take place in Delaware, and the losing party shall be responsible for arbitration costs and attorney’s fees.
• You waive any right to participate in class-action lawsuits against Mindscape Rx Holdings LLC.

19. Changes to These Terms

• We reserve the right to modify these Terms at any time.
• Continued use of our Services after changes take effect constitutes acceptance of the revised Terms.

20. Contact Information

For any questions or concerns regarding these Terms, please contact us at: support@mindscaperx.com