Terms of use

MindDemand Terms of Use

Effective Date:September 20, 2025

This website and related mobile applications and services (collectively, the “Site”) are offered by MindDemand, Inc. and its affiliates (“MindDemand,” “we,” “our,” or “us”). These Terms of Use (the “Terms”) are a legally binding agreement between you and MindDemand. By accessing or using the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.

ARBITRATION & CLASS ACTION WAIVER: THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND A CLASS ACTION/JURY TRIAL WAIVER. PLEASE READ THEM CAREFULLY.

1. Eligibility

You may use the Site only if you can form a binding contract with MindDemand and only in compliance with these Terms and applicable law.

  • Any use of the Site by individuals under 13 is strictly prohibited.

  • If you are under 18, your parent or legal guardian must consent to your use of the Site and any telehealth services, as required by Texas law.

  • The Site is not available to Users previously removed or banned by MindDemand.

2. License & Site Access

MindDemand grants you a limited, non-exclusive, non-transferable, revocable license to use the Site for personal, non-commercial purposes in accordance with these Terms. We reserve all rights not expressly granted.

We may suspend, modify, or terminate your access at any time for violation of these Terms, unlawful conduct, or at our discretion.

3. Consent to Telehealth

By using telehealth services available through the Site (“Telehealth Services”), you acknowledge and agree to the following:

  1. Nature of Telehealth

    • Telehealth uses secure electronic communications (video, audio, messaging, chat, and/or data transmission) for healthcare delivery.

  2. Provider Licensure

    • Telehealth services are delivered by independent healthcare professionals licensed in the State of Texas.

    • Telehealth is available only to patients physically located in Texas at the time of the encounter.

  3. Benefits

    • Convenience, reduced travel time, and faster access to care.

  4. Risks

    • Limited ability for a provider to conduct physical examination.

    • Potential technology interruptions or data transmission issues.

    • Rare but possible unauthorized access to electronic data despite safeguards.

  5. Alternatives

    • You may always seek in-person medical care.

    • Providers may require an in-person visit when clinically necessary.

  6. Emergencies

    • TELEHEALTH IS NOT FOR MEDICAL EMERGENCIES. IF YOU ARE EXPERIENCING AN EMERGENCY, CALL 911 IMMEDIATELY.

  7. Prescriptions & Treatment

    • Prescriptions are provided only if clinically appropriate and legally permitted.

  8. Privacy

    • Your protected health information (“PHI”) is safeguarded under HIPAA and the Texas Medical Records Privacy Act (TMRPA).

  9. Withdrawal of Consent

    • You may withdraw consent to telehealth at any time by discontinuing use of the Site and notifying your provider.

By checking “I Agree” or continuing to use the Site, you confirm your consent to telehealth services.

4. Prohibited Conduct

You agree not to:

  • Copy, scrape, or harvest the Site or its data.

  • Upload malware or attempt to compromise security.

  • Misrepresent your identity or impersonate others.

  • Use the Site for fraudulent, unlawful, or harmful purposes.

  • Bypass security features or unauthorized access controls.

Violations may result in suspension or termination.

5. Clinical Services Disclaimer

MindDemand does not provide medical care. All clinical services are rendered by independent, licensed Providers. Providers retain full professional responsibility and judgment.

  • There are no guarantees of diagnosis, treatment, or prescriptions.

  • Providers may decline or limit prescriptions, including controlled substances.

  • You may choose your pharmacy as permitted by law.

6. Payments & Refunds

  • Fees will be disclosed prior to purchase.

  • Insurance coverage is not guaranteed. You are responsible for non-covered amounts.

  • Unless expressly stated otherwise, fees are non-refundable once a consultation begins.

7. Privacy & Security

By using the Site, you consent to our data practices described in our Privacy Policy.

  • MindDemand complies with HIPAA and the Texas Medical Records Privacy Act (TMRPA).

  • We use technical and organizational safeguards, but no system is 100% secure. You share data at your own risk.

8. Nondiscrimination

MindDemand complies with applicable Texas and federal nondiscrimination laws. We do not discriminate on the basis of race, color, national origin, sex, age, disability, or other protected status. Auxiliary aids and services are available upon request.

9. Third-Party Services & Links

The Site may link to third-party services. MindDemand is not responsible for their practices or content. Use at your own risk.

10. Intellectual Property

All rights, title, and interest in the Site and its content belong to MindDemand or its licensors. Unauthorized use is prohibited.

11. Indemnification

You agree to defend, indemnify, and hold harmless MindDemand, its affiliates, and its staff from claims, damages, liabilities, or expenses arising from:

  • Your use of the Site.

  • Violation of these Terms.

  • Violation of applicable laws or third-party rights.

12. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. MINDEMAND DOES NOT GUARANTEE ACCURACY, COMPLETENESS, OR AVAILABILITY. USE AT YOUR OWN RISK.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINDEMAND AND ITS AFFILIATES ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY WILL NOT EXCEED $100 OR THE AMOUNT YOU PAID TO MINDEMAND IN THE PRIOR 12 MONTHS, WHICHEVER IS GREATER.

14. Dispute Resolution & Arbitration

ALL CLAIMS AND DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES (OR JAMS IF AAA IS UNAVAILABLE).

  • You waive the right to a jury trial and to participate in a class action.

  • You may opt out of arbitration within 30 days of first acceptance by emailing support@minddemand.com.

  • Either party may bring small claims in Rockwall County, Texas.

  • These Terms are governed by Texas law.

15. DMCA Agent

If you believe content infringes your copyright, send notice under 17 U.S.C. §512 to:

Legal Department, MindDemand, Inc.
601 White Hills Drive, Suite 100
Rockwall, TX 75087
Email: support@minddemand.com

16. Miscellaneous

  • No waiver of rights unless in writing.

  • If any provision is invalid, the remainder remains in effect.

  • These Terms survive termination where logically applicable (e.g., privacy, arbitration, IP).

  • Force majeure: Neither party is liable for events outside reasonable control.