Terms of Service

Better U is a provider of non-clinical administrative and operational services for independent medical practices. It is important to note that Better U is not a medical practice itself and does not bear responsibility for the quality of care provided by the Medical Groups. The combined services offered by the Medical Groups (professional medical services) and Better U (non-clinical site services) are collectively referred to as the "Service" in these Terms of Use. By accessing and using the web portal, mobile application, and/or website (www.betterucare.com) (referred to as the "Platform"), you agree to comply with the following terms and conditions. The Platform is owned and operated by Better U LLC, a registered company in the United States, referred to as "Better U LLC," "we," "us," or "our."

Please read these Terms of Service carefully before using the Platform. By visiting our Platform, you are agreeing to be bound by these Terms of Service and our Privacy Policy, including any additional terms, conditions, and policies referenced herein or available through hyperlinks. These Terms of Service apply to all users of the Platform, including but not limited to browsers, vendors, customers, service providers, and content contributors. If you do not agree to these Terms of Service, you are prohibited from using the Platform and Services, and you must immediately discontinue use. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

By checking the "I agree" box when creating an account on www.betterucare.com or portal.betterucare.com, or by accessing or using the Site, App, or Service in any way, you are agreeing to be bound by these Terms, as well as Better U's Privacy Policy and the Notice of Privacy Practices for the Medical Groups (Better U Clinical, P.A., Abraham Malkin MD, Better U P.C., Calm Clinic P.C.). If you disagree with or refuse to comply with any part of these Terms, you do not have permission to access the Site, App, or Service.

The Platform and Services are intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Platform or use the Services without parental permission. If you are above the age of 18 but do not meet the legal age requirements according to your state laws, you are also required to seek parental permission or immediately stop using the Platform. By registering for any Services, you represent and warrant that you are eligible to use the Platform or have obtained consent from your parent or guardian.

We may make changes to these Terms of Service, the Platform, or the Services to meet the needs of our users and/or our business priorities at any time. We will always make it clear to you what you are paying for and will not charge you for the website or its services without clear communication. The updated version of these Terms of Service will be indicated by an updated revised date, and the updated version and/or changes in the Services will be effective upon posting. It is your responsibility to regularly visit the Platform and stay informed about any updates. Your continued use of the Platform signifies your acceptance of such changes.

To simplify the user experience, the Service will display and require payment for a single "total" package price. However, if a package you purchase necessitates a consultation with a Provider, includes a prescription product filled through one of the Pharmacies, and/or includes mental health services, the total price you pay will include charges for the use of the Service, as well as charges by the Pharmacy for the prescription drug and charges by the Medical Group for the Provider's services, as applicable. These amounts are collected on behalf of and paid to the Pharmacies and Medical Groups.

If you have any questions concerning the Terms of Service, please contact us by sending us a message

‍Relationship with Better U

Better U provides access for clients to psychiatric clinicians that specialize in holistic psychiatry, medication management, Spravato, ketamine therapy treatments, psychotherapy, and life-coaching as recommended by medical practitioners and integration coaches. Better U does not have control over their clinical decision-making, and is not responsible for the quality of care provided by them. The professional medical services provided by the medical practitioners or doctors and therapy treatment services provided by Better U are collectively referred to in this Terms of Service as the “Service”.

You are required to provide your accurate Personal Information including but not limited to the first name, phone number, date of birth, country, an email address at the time of registering for the Service. Any PHI (Personal Health Information) collected is HIPAA compliant and secured.  This will help us in providing better Services, assisting you with your query and also in associating a relationship with us. You will be informed about the important updates of the Services referring to these details only. Apart from the Personal Information mentioned herein above, Better U shall also access your IP address and location data to understand your preferences on our Platform and by displaying Services that may be relevant to you. The Personal Information of the Users shall be processed as per our Privacy Policy.

Account Registration

 You will need to sign up on our Platform and create an account to access the Services.  This will help in associating a relationship with the us and is required for future reference purposes. You will be informed about the important updates of the Services referring to these details only. All your information will be kept with Better U and can be shared with our business affiliates and partners who shall assist us in providing you the relevant Services. The Personal Information of the Users shall be processed as per our Privacy Policy. 

 By use of this Platform, You are responsible for maintaining the confidentiality of your account including Your password, including but not limited to activities that occur under your username and password whether your password is with our Service or a third-party service. If your password or account is compromised, you must immediately change your password and must notify us if you suspect or become aware of any breach of security or unauthorized use of your account.

Maintaining Results: For continued results, you may require additional Therapy sessions at intervals determined by your treatment provider in conjunction with your personal treatment plan.

No Guarantee of Results: In some situations, it may be possible to achieve optimal results. Should complications occur, additional or other treatments may be necessary.

‍As with any medical treatment with any medical doctor, our treatment packages are not guarantees for results as everyone's mental health is different. For this reason, Better U does not offer refunds or guarantee results.

Financial Responsibility: I understand the regular charge applies to all subsequent treatments. I understand and agree that all services rendered to me are charged directly to me and that I am personally responsible for payment. I further agree in the event of non-payment, to bear the cost of collection and/or Court costs, fees and reasonable legal fees, should this be required. I understand that I purchased therapy sessions in packages, and as there is no way of determining that you completed 1 or several sessions, therefore sessions are not sold individually. The packages consist of member portal access, medication(s) from pharmacy, educational content, virtual clinical appointments, treatment preparation appointment, Brain Box (meditation mask, journal, gratitude post-its, BetterUcare app). I understand that whether I take advantage of partial services or all services in the package, this program is self-guided and I accept full financial responsibility for the package that I purchased.

Missed Appointment Policy: We understand that circumstances can change and want to do our best to accommodate your needs while also being respectful of our clinicians' time. If you are unable to attend the appointment you scheduled, text 725.888.8992 or email info@betterucare.com at least 48 hours in advance to avoid a $200 no-show fee. In the event that you miss your scheduled clinician appointments twice consecutively, the licensed clinicians will not allow the appointment to be financed, as this prioritizes the efficient use of time and ensures availability for other patients who could benefit from our services.

If you cancel before your initial consultation within 48 hours of your scheduled appointment or cancel after missing your scheduled appointment, you will be charged a $200 cancellation fee. You accept financial responsibility and will not attempt to dispute this charge.

*If you financed your package through a third-party financing partner (Denefits, AfterPay, Klarna, Affirm) You are subject to the terms & conditions of your contractual agreement with the third-party financing partner. Better U terms are a separate agreement from the financing company terms.

Better U is not a pharmacy, we work with accredited and reputable national pharmacies, any delay in compounding the medication or shipping delays due to natural disasters are not the responsibility of Better U.  We will work closely with you and the pharmacies to assist with any processing delays or shipping issues that may arise.

Disputes & Cancellations: In case, any dispute arises between the Users while communicating, we encourage our Users to contact Better U’s customer support department for assistance by reaching us at info@betterucare.com where users can reach out to for any assistance or by calling the office at 725.888.8992 between 10AM-5PM PST Monday-Friday.

If the affiliated licensed clinician determines that you are not eligible or a good candidate for the Better U program(s) prior to starting treatment, a refund will be issued as soon as the clinician informs Better U Care Team that the program is not right for you. Your refund will be processed within 24 hours. If the clinician determines that you are eligible for the treatment program, please note that no refunds will be issued after the completion of the initial psychiatric appointment.

You will receive a full refund if you cancel your appointment at least 48 hours prior to your scheduled Initial Psychiatric Consultation.

‍As with any medical treatment with any medical doctor, our treatment packages are not guarantees for results as everyone's mental health is different. For this reason, Better U does not offer refunds or guarantee results. All sales are final.

Dispute Resolution

AGREEMENT TO ARBITRATE
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at support@betterucare.com or by regular mail to [Better U Clinical PA, P.C.] at: 1317 Edgewater Dr #735, Orlando FL 32804 within thirty (30) days following the date you first accept this Agreement, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in California. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of this Agreement.

Any controversy, dispute or claim arising out of, or relating in any way to these Terms or your use of the Site, App, or Service will be resolved by confidential binding arbitration rather than in court.  This arbitration agreement includes controversies, disputes, or claims that arose or involve facts occur before the existence of this or any prior version of these Terms of Use as well as claims that may arise after the termination of these Terms of Use.

ARBITRATION RULES
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

ARBITRATION PROCESS
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and a separate form for Demand for Arbitration for California residents. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

ARBITRATION LOCATION AND PROCEDURE
Unless you agree with us otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

ARBITRATOR'S DECISION
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.

FEES
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

CHANGES
Notwithstanding anything to the contrary in this Agreement, if we change this “Dispute Resolution” section after the date you accepted this Agreement or access our Services, you may reject any such change by sending us written notice (including by email to [insert email]) within thirty (30) days of the date such change became effective, as indicated in the “Effective Date” listed at the beginning of this Agreement or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you accepted this Agreement, or accessed our Services.

Disclosure of Health History/Medications/Substance Abuse Use:
I agree to inform the staff of any know allergies to medications, foods and/or other substances and have disclosed any previous allergic reactions.

I further agree to inform staff of any/all medications/substances I am currently taking, including recreational or street drugs, and have disclosed all pertinent health history. I understand that failure to inform the staff about my medical issues and/or drug use can lead to serious complications.

In case, any dispute arises between the Users while communicating, we encourage our Users to contact Better U’s customer support department for assistance by reaching us at info@betterucare.com where users can reach out to for any assistance or by calling the office at 725.888.8992.

Information Communication

 The User consents to receive marketing emails on their registered email address from time to time which informs the Users of information including but not limited to Service updates and even new features that are added to the Platform including offers and promotions that may be of your interest through push notifications and /or the registered email. 

Acceptable Use    

1. You may not access or use the Platform for any purpose other than that for which we make the Platform and our Services available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.  
   

2. As a User of this Platform, you agree not to:
   

• Systematically retrieve data or other content from the Platform to a compile database or directory without written permission from us.
  

• Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of other Users to send unsolicited emails or creating user accounts under false pretences.
  

• Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use.
  

• Engage in unauthorized framing of or linking to the Platform.
  

• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  

• Make improper use of our support services, or submit false reports of abuse or misconduct.
  

• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  

• Interfere with, disrupt, or create an undue burden on the Platform or the networks and services connected to the Platform.
  

• Attempt to impersonate another user or person, or use the username of another User.
  

• Sell or otherwise transfer your profile.
  

• Use any information obtained from the Platform in order to harass, abuse, or harm another person.
  

• Use the Platform or our Services as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise.
  

• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
  

• Attempt to access any portions of the Platform that you are restricted from accessing.
  

• Harass, annoy, intimidate, or threaten any of our employees, agents, or other Users.
  

• Delete the copyright or other proprietary rights notice from any of the content.
  

• Copy, modify or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  

• Upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Platform, or any material that acts as a passive or active information collection or transmission mechanism.
  

• Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools.
  

• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
  

• Use the Platform in a manner inconsistent with any applicable laws or regulations.
  

• Misrepresent experience, skills, or information about a User.
  

• Falsely imply a relationship with us or another company with whom you do not have a relationship.  
  

• Exchange of rude, abusive, improper language, or violent messages while interacting.
  

Ownership of Content and Intellectual Property Rights

Better U owns the Platform and all Services and content therein except for content posted by the Users (“User Content”) and all worldwide intellectual property rights relating to the foregoing. Except as expressly authorized by Better U, you will not copy, distribute, sell, lease, perform, display, sublicense, modify or prepare derivative works of the Platform, in whole or in part. Better U reserves all rights not expressly granted to you under these Terms of Service. All Content on the Platform is protected by applicable copyright laws. You agree to comply with all copyright laws and any copyright notices, information, or restrictions contained in any Content available on the Platform or accessed through the Services. Any use of the Platform not expressly permitted by these Terms of Service will be deemed a breach of these Terms of Service and may violate copyright, trademark, and other laws. ‍

Trademarks
Better U and associated brands and designs are the trademarks of Better U. You must not use any such trademarks unless you have a valid, written agreement or consent from Better U to do so. All third-party trademarks on the Platform are the property of their respective owners. 

Modifications to and availability of the Platform  

1. We reserve the right to change, modify, or remove our content at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.    
   

2. We cannot guarantee the Platform and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. You agree that Better U has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform or Services during any downtime or discontinuance of the Platform or Services. Although we will try our best, we are not obliged to maintain and support the Platform or Services or to supply any corrections, updates, or releases.
   

3. There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
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Termination of our Services

We may also wish to stop providing the Services via Platform and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these Terms will end; (b) you must stop using the Platform.

Liability

Better U and all its officers, directors, employees, affiliates and agents assume no liability or responsibility for, and in no event shall Better U, its officers, directors, employees, affiliates or agents, be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from, any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the Platform, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform, by any third party, and/or any errors or omissions in any submission(s) or other content made available by Better U or for any loss or damage of any kind incurred as a result of the use of any submission(s) or other content posted, emailed, transmitted, or otherwise made available via the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. You understand and agree that the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Better U does not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by a third party through the Platform or any hyperlinked Platform or featured in any advertising, and Better U will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or Services. You specifically acknowledge that Better U shall not be liable for User submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Indemnification

You undertake to indemnify and hold Better U harmless from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal costs, arising from or relating to User Content, your unauthorized use or conduct of the Platform or any violation of the relevant policies, including but not limited to these Terms of Service, any applicable law(s) and regulations or rights of any third party(ies). Better U reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Better U defense of such claim.

Governing Law, Venue and Jurisdiction  

This Platform, Better U Services and the use of it and any dispute of any sort that might arise between you and Better U is governed by the laws of Nevada and the competent courts of the state of Nevada shall have exclusive jurisdiction over any disputes hereunder.

General

1. Visiting the Platform, completing online forms constitute electronic communications, you consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail and on the Platform, satisfy any legal requirement that such communication is in writing.
   

2. You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Platform. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.  
   

3. These Terms of Service and any policies or operating rules posted by us on the Platform or in respect to the Services constitute the entire agreement and understanding between you and us.  
   

4. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.  
   

5. We may assign any or all of our rights and obligations to others at any time.
   

6. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.  
   

7. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.  
   

8. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the Platform or Services.