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Terms of Service

TERMS OF SERVICE

Last Updated: September 2026

Please read these Terms of Service ("Terms") carefully before using the website, marketing pages, and the white-labeled secure application portal (https://app.wellxness.com and https://provider.wellxness.com) operated by WellxNess LLC ("Company," "we," "us," or "our") and our affiliated clinical provider partners, WellxNess Medical Partners PA and WellxNess Medical Parters West PC (each a "Clinical Partner" and collectively the “Clinical Partners”).

By purchasing a subscription tier or accessing our secure workspaces, you agree to be legally bound by these Terms. If you do not agree, you must immediately cease using the platform.

1. Structure of Services (The MSO-PC Corporate Practice of Medicine Boundary)

  • Administrative Services: WellxNess LLC is a Management Services Organization (MSO) that provides technology infrastructure, administrative support, billing workflows, custom web application portals, and marketing systems. The Company does not practice medicine, psychology, or provide clinical healthcare services.

  • Clinical Services: All professional mental health care, psychological assessments, clinical text interactions, and video therapy checkpoints are delivered exclusively by the independent professional entities licensed to provide medical and clinical services in your respective jurisdiction:

    • WellxNess Medical Partners PA, a professional association organized under the laws of Florida, providing clinical services to patients physically located in Florida, Colorado, Washington, and Texas.

    • WellxNess Medical Partners West PC, a professional corporation organized under the laws of California, providing clinical services to patients physically located in California.

  • No Employment Link: Licensed therapists interacting with you through the secure workspace are employed or contracted exclusively by the respective Clinical Partner (the P.A. or P.C.), not the technology infrastructure company (WellxNess LLC).

2. No Emergency or Crisis Care (Crucial Safety Shield)

  • Not a Crisis Hotline: The asynchronous texting pipeline and video checkpoints are designed strictly for scheduled, elective, and non-acute mental wellness support. This platform is not an emergency medical service or a suicide prevention hotline.

  • Emergency Protocol: If you are experiencing an acute clinical crisis, severe safety risk, or thoughts of self-harm, you agree to immediately call 911, go to the nearest hospital emergency room, or contact the National Suicide and Crisis Lifeline by dialing 988.

  • Delayed Delivery: You acknowledge that asynchronous text messages sent inside the portal are monitored during designated business hours and are not reviewed instantly in real-time.

3. Asynchronous Messaging SLA & Boundaries

  • The 2-Hour Window: We provide a guaranteed under-2-hour response window for clinical text updates during our core operational cycles (Monday through Friday, 9:00 AM to 5:00 PM MST). Messages sent outside these hours will be addressed at the start of the next business cycle.

  • Batch Delivery Format: To prevent therapist burnout and preserve clinical focus, therapists draft and deliver high-impact, framework-driven responses in designated blocks. The platform is not a synchronous live-chat interface.

  • Fair Use Rule: "Unlimited asynchronous access" is subject to a reasonable professional boundary policy. The Clinical Partner reserves the right to restrict or transition accounts displaying excessive, unmanageable messaging volume that compromises clinical safety or efficacy.

4. Subscription Fees, Billing, & Transparency

  • The All-Inclusive Rate: By registering for the Executive Tier, you authorize our payment gateway (Stripe) to automatically charge your credit card a recurring recurring fee of $1050/month.

  • Colorado Compliance: In strict adherence to state consumer protection guidelines, including Colorado’s Total Price Law, this $1050 monthly rate is fully transparent and all-inclusive of our administrative upkeep, secure portal access, and 2 included monthly video sessions. No hidden "platform convenience fees" will ever be added.

  • On-Demand Sessions: If you exhaust your 4 monthly video allocations, you may opt to purchase individual milestone sprint sessions for a flat fee of $250 per session, charged instantly via Stripe Connect.

  • Cancellation Policy: You may cancel your subscription at any time directly through your billing settings panel. Cancellations stop the next automated monthly billing cycle; no partial-month pro-rated refunds are issued.

5. Client Geographical Eligibility (Licensing Restrictions)

  • State-by-State Bounds: Telehealth and clinical counseling regulations require that patients must be physically present within the state where the clinician holds an active license at the time care is administered.

  • State Routing Allocation: Services are strictly mapped to the following operational boundaries based on your physical location:

    • If you are in California, your care is managed by WellxNess Medical Partners West PC.

    • If you are in Colorado, Florida, Texas, or Washington, your care is managed by WellxNess Medical Partners PA.

  • Your Affirmation: You explicitly affirm that you are a resident of or are physically located inside one of our active states(California, Colorado, Florida, Texas, or Washington) while engaging with your therapist via the text queue or video portal. You agree to notify your clinician immediately if your geographic location changes. Accessing the portal from an unauthorized jurisdiction is a breach of these Terms.

6. Account Security & Privacy Passwords

  • Credential Integrity: To protect your private healthcare records, you are solely responsible for safeguarding the unique password created during your portal password generation loop. You must not share your portal links or credentials with any third party.

  • The HIPAA Separation: Your clinical data is handled in strict compliance with federal laws, as detailed in our separate Notice of Privacy Practices (NPP).

7. Limitation of Liability & Governing Law

  • Limitation of Liability: To the maximum extent permitted by applicable state law, WellxNess LLC, its affiliated Clinical Partners (WellxNess Medical Partners PA and WellxNess Medical Partners West PC), and their respective directors, officers, or employees shall not be held liable for any indirect, incidental, or consequential damages arising out of your administrative portal usage or the clinical outcomes delivered by the independent practitioners.

  • Governing Law:** These Terms and any administrative disputes involving the platform infrastructure shall be governed by the laws of the State of Colorado, without regard to its conflict of law principles. Clinical delivery disputes are subject to the regulations of the state board where the patient received care.

8. Contact Information

For administrative, technical website routing, or billing adjustments, contact:
📧 support@wellxness.com

For direct medical records inquiries or clinical care concerns, contact:
📧 clinical@wellxness.com(directly to the Clinical Advisor's encrypted inbound inbox)