VibeCheck Terms of Service

1. Agreement to These Terms

These Provider Terms of Service ("Terms") are a binding agreement between you and the practice or organization you represent (together, "Provider," "you," or "your") and Mental Wealth Solutions, Inc. ("Mental Wealth Solutions," "we," "us," or "our"). By creating a provider account, clicking to accept, or using VibeCheck (the "Service"), you agree to these Terms, our Privacy Policy, and — for paid subscriptions — the subscription terms presented at checkout. Where you input protected health information, you also agree to the Business Associate Agreement described in Section 5. Together these documents form the entire agreement, with the order of precedence set out in Section 23. If you do not agree, do not use the Service.

If you accept these Terms on behalf of a practice or organization, you represent that you have authority to bind it, and "you" and "Provider" refer to that entity.

2. Definitions

• "Affiliate" means an entity that controls, is controlled by, or is under common control with a party.
• "Authorized User" means an individual you permit to access the Service under your account (for example, your staff, supervisees, or contractors).
• "BAA" means the Business Associate Agreement described in Section 5.
• "Beta Features" means features identified as beta, preview, early access, or experimental.
• "Confidential Information" means non-public information disclosed by one party to the other that is marked or reasonably understood to be confidential, including the Service's non-public features, security design, and pricing. PHI is governed by the BAA, not this definition.
• "Covered Entity," "Business Associate," "Protected Health Information" ("PHI"), and "Subprocessor" have the meanings given under HIPAA (45 C.F.R. Parts 160 and 164).
• "Customer Content" means the data you and the individuals you invite submit to or generate in the Service, including notes, messages, assessments, check-ins, and any PHI.
• "Documentation" means the user guides and materials we make available for the Service.
• "HIPAA" means the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, as amended (including the HITECH Act).
• "Usage Data" means technical and operational data about how the Service is accessed and used, excluding Customer Content and PHI.

3. Eligibility, Registration & Authorized Users

• You must be at least 18 years old.
• You must provide accurate registration information and keep it current.
• You must use VibeCheck only within the scope of your actual role and authority.
• Practice or institutional accounts must be authorized by an administrator with authority to bind the practice and to execute a BAA.

You are responsible for your Authorized Users, for their compliance with these Terms, and for all activity under your account. You will keep credentials confidential, enable available security features, and promptly notify us at matthewsextonlcsw@mentalwealthsolutions.org of any suspected unauthorized access.

4. Nature of the Service

VibeCheck provides software tools that support your work, including:

• Between-session workflow tools (session briefs, note drafting, homework dispatch, secure messaging, check-ins, and assessments).
• AI-assisted educational and drafting features (see Section 6).
• Tools to coordinate care with the clients or patients you invite.

VibeCheck does not provide medical advice, diagnosis, treatment recommendations, or crisis services. All clinical decisions remain your responsibility as the licensed or responsible professional.

5. HIPAA & Business Associate Agreement

Mental Wealth Solutions, Inc. makes the BAA available through both: (a) a click-through acceptance that gates PHI-entry features until accepted; and (b) a separately countersigned PDF on request. The BAA is incorporated into these Terms by reference and, for any matter involving PHI, controls and prevails over these Terms to the extent of a conflict. To request the signed PDF, or to ask any BAA question, email matthewsextonlcsw@mentalwealthsolutions.org.

As a Covered Entity, you are responsible for issuing your own Notice of Privacy Practices to your clients/patients and for responding to their individual rights requests (access, amendment, accounting of disclosures). Mental Wealth Solutions, Inc. provides an adoptable template Notice of Privacy Practices as a courtesy and will support you in responding to those requests as your Business Associate. Mental Wealth Solutions, Inc. engages Subprocessors (including Amazon Web Services) consistent with the BAA and remains responsible to you for their handling of PHI as required by HIPAA.

6. AI-Powered Features

VibeCheck uses artificial-intelligence services to power certain features. Mental Wealth Solutions, Inc. routes PHI only to AI service providers that are bound by a Business Associate Agreement and that meet HIPAA security and privacy safeguards. Today that infrastructure is Amazon Bedrock, running within Amazon Web Services under the AWS HIPAA BAA. Mental Wealth Solutions, Inc. may add or change AI subprocessors over time, but will not route PHI to any AI service that is not covered by a BAA and appropriate safeguards. PHI is never sent to a non-BAA consumer AI endpoint and is not used to train general-purpose or third-party AI models. AI responses:

• Are for educational, supportive, and drafting purposes only — not clinical advice.
• May contain errors or inaccuracies and must be reviewed by you before use.
• Are screened by automated safety guardrails but are not reviewed by a licensed clinician on VibeCheck's behalf.

The AI features are not a medical device, have not been cleared or approved by the U.S. Food and Drug Administration, and are not intended to diagnose, treat, cure, or prevent any disease or condition. You are responsible for exercising independent professional judgment over any output you use.

7. Provider Duty of Care

VibeCheck does not independently verify professional licensure as a condition of provider access. It is designed for licensed clinicians, case managers, coaches, peer specialists, community navigators, chaplains, and others doing structured support work. In place of a credential check, you affirm a duty of care to the individuals you support:

1. Fiduciary standard — You will act in the genuine best interest of the individuals you invite and will not exploit the relationship for personal gain at their expense.
2. Competence within role — You will use VibeCheck only within the scope of your actual role and will not represent yourself as holding qualifications you do not have.
3. Confidentiality — You will maintain confidentiality standards appropriate to your role, your organization's policies, and applicable law.
4. Informed consent — You will obtain appropriate consent before inviting individuals to the platform and before using platform data to inform decisions that affect them.
5. Do no harm — You will not use VibeCheck to document, communicate, or act on information in ways that endanger, exploit, or harm the people you serve.

Violation of this duty is grounds for suspension or termination. Mental Wealth Solutions, Inc. reserves the right to cooperate with any regulatory, legal, or organizational investigation. Mental Wealth Solutions, Inc. does not verify credentials and is not responsible for your professional conduct — you are solely responsible for your own compliance with applicable laws, ethics codes, and organizational policies.

8. Your Responsibilities & Acceptable Use

You agree to:

• Maintain the confidentiality of account credentials and enable available security features.
• Provide accurate registration information and obtain consent from the individuals you invite, as required by your role and law.
• Not enter PHI before an executed BAA is in place.
• Use the Service only for lawful purposes and within your scope of practice.

You will not, and will not permit any Authorized User or third party to:

1. access or attempt to access another user's account or data;
2. upload malicious code or interfere with the integrity, security, or performance of the Service;
3. use the Service in violation of any law, regulation, professional rule, or third-party right;
4. use the Service for any use that requires fail-safe performance or where failure could lead to death or serious bodily injury, as a substitute for emergency or crisis services; or
5. misrepresent your identity, role, or authority.

9. Customer Content and Data

As between you and Mental Wealth Solutions, Inc., you (or your clients/patients, as applicable) retain all ownership of Customer Content. You grant Mental Wealth Solutions, Inc. a limited, non-exclusive, worldwide license to host, process, transmit, display, and back up Customer Content solely to operate, secure, support, and improve the Service for you, and as otherwise permitted by the BAA. You represent that you have obtained the rights and consents necessary for Mental Wealth Solutions, Inc. to handle Customer Content as described in these Terms and the Privacy Policy.

Where Customer Content includes PHI, the BAA controls and prevails over this Section to the extent of any conflict. Mental Wealth Solutions, Inc. will not sell Customer Content and will not use PHI to train general-purpose or third-party AI models. Mental Wealth Solutions, Inc. may create and use de-identified information derived from Customer Content in accordance with 45 C.F.R. § 164.514(a)–(b); once de-identified in compliance with that standard, such information is no longer PHI and is not subject to the BAA. Mental Wealth Solutions, Inc. may collect and use Usage Data to operate, secure, analyze, and improve the Service, provided that Mental Wealth Solutions, Inc. does not identify you or any individual from Usage Data in materials made public.

10. Intellectual Property and License to Use

VibeCheck, including its software, design, content, trademarks, Documentation, and underlying technology (which is the subject of U.S. Provisional Patent Application No. 64/059,214), is owned by Mental Wealth Solutions, Inc. or its licensors and is protected by intellectual-property law. Subject to these Terms, Mental Wealth Solutions, Inc. grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and Documentation for your internal professional purposes during your subscription. Mental Wealth Solutions, Inc. reserves all rights not expressly granted.

You will not, and will not permit any third party to:

1. copy, modify, or create derivative works of the Service, except as expressly permitted;
2. reverse-engineer, decompile, or attempt to derive source code or underlying ideas, except to the extent this restriction is prohibited by applicable law;
3. sell, resell, sublicense, rent, lease, or operate the Service as a service bureau for third parties;
4. scrape, harvest, or use automated means to extract data or content except through features Mental Wealth Solutions, Inc. provides;
5. access the Service to build a competing product or to benchmark for a competitor;
6. circumvent or interfere with security, rate limits, usage controls, or access controls; or
7. remove or obscure any proprietary notices.

If you provide feedback or suggestions about the Service, you grant Mental Wealth Solutions, Inc. a perpetual, irrevocable, royalty-free, worldwide license to use that feedback without restriction or obligation to you. Feedback must not contain PHI.

11. Confidentiality

Each party may receive the other's Confidential Information. The receiving party will use the disclosing party's Confidential Information only to perform under these Terms, will protect it using at least reasonable care, and will not disclose it except to its personnel, Affiliates, and advisors who have a need to know and are bound by confidentiality obligations at least as protective as these. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was rightfully known without restriction, is independently developed, or is rightfully received from a third party. A party may disclose Confidential Information if required by law, provided it gives reasonable advance notice where permitted. The handling of PHI is governed exclusively by the BAA and HIPAA, not this Section.

12. Third-Party Services and Integrations

The Service may let you connect third-party services, including electronic health record and practice systems through industry interfaces such as FHIR. If you enable an integration, you authorize Mental Wealth Solutions, Inc. to access and exchange data with that third-party service as needed to provide the integration, and your use of that third-party service is governed by that third party's own terms and privacy practices. Mental Wealth Solutions, Inc. does not control and is not responsible for third-party services, and the availability of an integration may change. Where an integration involves PHI, the BAA and your agreement with the third party govern that exchange. You are responsible for ensuring you have the rights and agreements (including any necessary BAA with the third party) to enable an integration.

13. Beta and Pre-Release Features

Mental Wealth Solutions, Inc. may offer Beta Features. Beta Features are provided "as is," without warranty or service commitment, may be changed or withdrawn at any time, and are excluded from the indemnification and service-availability commitments in these Terms. Do not use Beta Features with PHI unless Mental Wealth Solutions, Inc. confirms in writing that the feature is covered by the BAA.

14. Service Availability, Modifications & Suspension

Mental Wealth Solutions, Inc. will use commercially reasonable efforts to make the Service available, except for planned maintenance and events beyond its reasonable control. Mental Wealth Solutions, Inc. may modify, add, or discontinue features and will not materially reduce the core functionality of a paid subscription during its then-current term without notice. Any specific availability commitment is stated only in a written service-level agreement if one applies to you.

Mental Wealth Solutions, Inc. may suspend your or an Authorized User's access, in whole or in part, if Mental Wealth Solutions, Inc. reasonably determines that (a) there is a security or legal risk to the Service or others; (b) suspension is required by law; (c) your account is overdue for payment; or (d) you have materially breached these Terms or the BAA. Mental Wealth Solutions, Inc. will limit any suspension to what is reasonably necessary and, where practicable, give notice and an opportunity to cure. Suspension does not relieve you of fees accrued before suspension. Mental Wealth Solutions, Inc. will preserve and make PHI available consistent with the BAA during and after any suspension.

15. Fees, Subscriptions, Auto-Renewal & Cancellation

Paid tiers and their commercial terms are presented at checkout and are incorporated into these Terms by reference. Subscriptions auto-renew on a recurring basis until cancelled. Cancellation is by email to matthewsextonlcsw@mentalwealthsolutions.org; the refund window and process are described in the checkout terms. Fees are exclusive of taxes, and you are responsible for all applicable taxes other than taxes on Mental Wealth Solutions, Inc.'s net income. The full commercial terms (pricing, auto-renewal disclosure, refund window, and cancellation) control over any summary here, as set out in Section 23.

16. Term & Termination

These Terms apply from your first acceptance or use until your account is closed or the subscription ends. You may close your account at any time. Mental Wealth Solutions, Inc. may suspend or terminate accounts that violate these Terms or the BAA, or as otherwise permitted in Section 14.

On termination, your license to use the Service ends and accrued fees remain payable. The following govern your data:

(a) Configuration Data (non-PHI). For 14 days after termination, you may export your non-PHI account configuration, templates, and settings. After that window, Mental Wealth Solutions, Inc. may delete this data in the ordinary course.

(b) Protected Health Information. All PHI you submit to or generate within the Service belongs to the applicable Covered Entity. Mental Wealth Solutions, Inc. acts solely as a Business Associate and claims no ownership of PHI. The return, retention, and destruction of PHI are governed exclusively by the BAA (Section 5) and applicable law, and nothing in this Section limits or modifies those obligations. Retention of clinical records themselves is governed by the law applicable to you as the Covered Entity, not by HIPAA.

(c) Our Compliance Records. Mental Wealth Solutions, Inc. retains HIPAA-required documentation (such as audit and access logs) for the period required by 45 C.F.R. §§ 164.316(b)(2) and 164.530(j)(2), independent of the data described above.

(d) Future Changes. Mental Wealth Solutions, Inc. may update its data-handling practices from time to time in accordance with Section 24 (Changes); any change affecting PHI will be made consistent with the BAA and applicable law.

17. Warranties & Disclaimers

Except as expressly stated in these Terms or required by law, the Service is provided "as is" and "as available," and Mental Wealth Solutions, Inc. disclaims all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Service will be uninterrupted, error-free, or secure. Mental Wealth Solutions, Inc. does not warrant the accuracy of AI output, which you must review as described in Section 6. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

18. Indemnification

By you. To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Mental Wealth Solutions, Inc. and its officers, directors, employees, and agents from and against any third-party claims, and any resulting losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees), arising out of or relating to:

1. your use of the Service or your Customer Content;
2. your breach of these Terms or the BAA;
3. your violation of any law or of the rights of any person, including any failure to obtain a required consent or authorization from an individual you invite;
4. your professional, clinical, or supervisory acts or omissions; and
5. your representation that you hold qualifications, credentials, or authority you do not in fact hold.

By Mental Wealth Solutions, Inc.. Mental Wealth Solutions, Inc. will defend you against a third-party claim alleging that the Service, used in accordance with these Terms, infringes or misappropriates a U.S. patent, copyright, trademark, or trade secret, and will indemnify you for damages finally awarded or agreed in settlement. If the Service is or may be enjoined, Mental Wealth Solutions, Inc. may, at its option: (i) obtain the right for you to continue using it; (ii) modify or replace it to be non-infringing while substantially equivalent; or (iii) terminate the affected subscription and refund prepaid, unused fees. Mental Wealth Solutions, Inc. has no obligation for claims arising from Customer Content, your use in violation of these Terms or law, modifications not made by Mental Wealth Solutions, Inc., combinations with items not provided by Mental Wealth Solutions, Inc. where the claim would not have arisen but for the combination, or Beta Features. This paragraph states Mental Wealth Solutions, Inc.'s entire liability and your exclusive remedy for intellectual-property infringement.

Procedure. The party seeking indemnification will promptly notify the other (late notice excuses the indemnitor only to the extent prejudiced), give the indemnitor sole control of the defense and settlement (any settlement imposing a non-monetary obligation or admission on the indemnitee requires that party's prior written consent, not to be unreasonably withheld), and provide reasonable cooperation at the indemnitor's expense.

19. Limitation of Liability

Exclusion of damages. To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, however caused and on any theory of liability, even if advised of the possibility.

Cap. To the fullest extent permitted by law, each party's total aggregate liability arising out of or relating to these Terms will not exceed the total fees paid by you to Mental Wealth Solutions, Inc. for the Service in the twelve (12) months preceding the event giving rise to the liability.

Exclusions from these limits. The exclusion and cap above do not apply to: (a) a party's indemnification obligations under Section 18; (b) a party's breach of its confidentiality obligations under Section 11; (c) infringement or misappropriation of the other party's intellectual property; (d) a party's gross negligence, fraud, or willful misconduct; (e) your payment obligations; or (f) liability that cannot be limited under applicable law. Nothing in this Section limits either party's obligations or liability under the BAA, which governs the handling of and liability relating to PHI.

Limitations period. Except for payment obligations, any claim arising out of or relating to these Terms must be brought within one (1) year after the claim accrues, to the extent permitted by law. These limitations are an essential basis of the agreement and apply even if a remedy fails of its essential purpose.

20. Binding Arbitration & Class Action Waiver

Informal resolution first. Before starting arbitration, the initiating party will send a written description of the dispute to the other, and the parties will attempt in good faith to resolve it for 30 days. Notice to Mental Wealth Solutions, Inc. goes to matthewsextonlcsw@mentalwealthsolutions.org.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court to protect intellectual property, Confidential Information, or PHI. These exceptions are not subject to the arbitration requirement.

Fees and confidentiality. Arbitration fees are allocated under the applicable AAA rules, and the arbitrator may award fees and costs as permitted by law. The arbitration and its outcome are confidential, except as needed to confirm or enforce an award.

Opt-out. You may opt out of this arbitration agreement by emailing matthewsextonlcsw@mentalwealthsolutions.org within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

If the class-action waiver is found unenforceable, that waiver will be severed and the dispute will proceed in court; the remainder of this Section survives to the extent permitted by law.

21. Governing Law & Venue

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 20. Subject to Section 20, any judicial proceeding will be brought exclusively in the state or federal courts located in New York, and each party consents to that jurisdiction and waives any objection based on inconvenient forum.

22. Shaula — AI Assistant Features

What it is. Shaula is a set of AI assistant features included with paid subscriptions at no additional charge. Marketing-class features can draft and, with your approval, publish practice-marketing materials (a practice website, essays, social teasers, newsletters, decks).

Shaula is software. Shaula is not an employee, contractor, clinician, billing professional, lawyer, supervisor, or agent of Mental Wealth Solutions, Inc. or Provider. Shaula does not independently provide clinical care, billing advice, legal advice, crisis intervention, diagnosis, or treatment.

Human approval is the rule. Marketing features produce drafts. Nothing is published until you approve it in the approval inbox. You are the publisher of record for everything you approve: review for accuracy, your ethics rules, and your jurisdiction's advertising rules before approving.

No PHI in marketing. Marketing features operate without Protected Health Information, and you agree not to submit PHI (client names, identifying stories, testimonials, session content) to marketing surfaces. The practice questionnaire and task inputs are for practice facts only. PHI belongs in the clinical product, where the Business Associate Agreement governs it.

Honesty constraints; testimonials. Shaula's generator refuses fabricated statistics, outcome guarantees, "proven/cure" language, and testimonial claims. These constraints exist for your licensure's advertising rules; do not attempt to defeat them. Provider will not request, approve, publish, or use AI-generated, fabricated, misleading, compensated-without-disclosure, client-identifying, or otherwise unlawful testimonials, reviews, endorsements, case studies, outcomes, or client stories. Provider is solely responsible for compliance with professional advertising rules, HIPAA, FTC rules, state consumer-protection laws, and platform rules.

Output ownership; our hosting. As between Mental Wealth Solutions, Inc. and Provider, Provider owns Provider's inputs and approved practice-facing outputs, to the extent such outputs are legally protectable and assignable. Mental Wealth Solutions, Inc. assigns to Provider any rights Mental Wealth Solutions, Inc. has in approved outputs, excluding Mental Wealth Solutions, Inc. technology, templates, workflows, prompts, models, orchestration, system content, and pre-existing materials. Provider understands that similar or identical outputs may be generated for others. If we host your practice website, hosting is included while your subscription is active. After termination, the site remains available for 30 days, during which you may export the complete site files; we may take it down thereafter. Custom domains you connect remain yours.

As-is add-on. Shaula is provided as an included accommodation, as-is; the Terms' disclaimers apply with full force. We may adjust included features, capabilities, or fair-use limits with notice.

23. General Provisions

Entire agreement; order of precedence. These Terms, the Privacy Policy, the checkout subscription terms, and the BAA are the entire agreement between you and Mental Wealth Solutions, Inc. regarding the Service and supersede prior agreements on the subject. If they conflict, the following order controls: (1) the BAA for matters involving PHI; (2) the checkout subscription terms for commercial matters such as pricing, renewal, and refunds; and (3) these Terms for everything else.

Severability. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions remain in effect. The severability of the class-action waiver is governed by Section 20.

Assignment. You may not assign these Terms without Mental Wealth Solutions, Inc.'s prior written consent. Mental Wealth Solutions, Inc. may assign these Terms to an Affiliate or in connection with a merger, acquisition, or sale of assets, subject to the BAA. These Terms bind and benefit the parties' permitted successors and assigns.

No waiver. A party's failure to enforce a provision is not a waiver of its right to enforce it later.

Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, except for payment obligations and obligations to safeguard PHI.

Notices. Legal notices to Mental Wealth Solutions, Inc. must be sent by email to matthewsextonlcsw@mentalwealthsolutions.org and, if Mental Wealth Solutions, Inc. has designated a mailing address in writing or within the Service, with a copy to that address. We may send notices to the email on your account. Notices are deemed received when sent by email (absent a bounce) or, if mailed, three business days after deposit.

Compliance with laws. Each party will comply with the laws applicable to it, including export-control and economic-sanctions laws, and you represent that you are not subject to such restrictions that would prohibit your use of the Service.

Publicity. Mental Wealth Solutions, Inc. may identify you as a customer using your name and logo in customer lists and marketing; you may opt out at any time by emailing matthewsextonlcsw@mentalwealthsolutions.org.

Electronic communications. You consent to receive communications and to transact electronically, and you agree that electronic acceptance and records satisfy any legal requirement that an agreement be in writing.

Independent contractors; no third-party beneficiaries; interpretation. The parties are independent contractors, and these Terms create no third-party beneficiary rights. Headings are for convenience only, and "including" means "including without limitation."

Survival. Sections 2 (Definitions), 9 (Customer Content and Data), 10 (Intellectual Property), 11 (Confidentiality), 16 (Term & Termination, as to accrued obligations), 17 (Warranties & Disclaimers), 18 (Indemnification), 19 (Limitation of Liability), 20 (Arbitration & Class Action Waiver), 21 (Governing Law & Venue), 22 (Shaula — AI Assistant Features, as to output ownership, the as-is disclaimer, and Provider's marketing-compliance obligations), and 23 (General Provisions) survive termination, along with any provision that by its nature should survive.

24. Changes to These Terms

We may update these Terms. Material changes will be notified to active subscribers by email or in-app notice before they take effect. Continued use after the effective date constitutes acceptance.

25. Contact Us

1. Agreement to These Terms

VibeCheck (the "Service") is provided to you by invitation from your provider. By creating an account or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service and let your provider know.

2. Definitions

• "Provider" means the clinician, practice, or organization that invited you and is responsible for your care or support.
• "PHI" means protected health information about you, as defined under HIPAA.
• "the Service" means the VibeCheck platform and its features.

3. Eligibility

• You must be at least 18 years old to create your own account.
• If you are a minor or under guardianship, a parent, guardian, or your provider must set up and supervise access as permitted by law.

4. What VibeCheck Is — and Is Not

VibeCheck gives you tools to:

• Track check-ins, mood, goals, and complete assessments your provider assigns.
• Receive and complete between-session activities.
• Communicate with your provider through the platform.
• Use AI-assisted, educational support features (see Section 7).

VibeCheck does not provide medical diagnosis or treatment, is not a crisis or emergency service, and is not a substitute for professional care. In an emergency call 988 or 911.

5. Your Provider and Your Privacy Rights

Your provider is responsible for your care and is the "Covered Entity" under HIPAA for the health information in your record. Mental Wealth Solutions, Inc. operates VibeCheck as your provider's Business Associate — meaning Mental Wealth Solutions, Inc. handles information on your provider's behalf under a written agreement that requires it to protect that information.

Because of this, your HIPAA rights — to access your records, request corrections, request an accounting of disclosures, and similar rights — are exercised through your provider, who issues you their own Notice of Privacy Practices. If you want to see, correct, or ask questions about your health information, contact your provider. Mental Wealth Solutions, Inc. will support your provider in responding.

6. How Your Information Is Protected

• Information is encrypted at rest using AES-256 and in transit using TLS 1.2 or higher.
• Access is controlled by role-based permissions, multi-factor authentication, and automatic session timeout.
• Infrastructure runs on Amazon Web Services under a HIPAA Business Associate Agreement.
• Access to your records is recorded in append-only, tamper-resistant audit logs.

See the Privacy Policy for the full description of how Mental Wealth Solutions, Inc. handles information as a Business Associate.

7. AI-Powered Features

Some features use AI to provide educational and supportive content. Mental Wealth Solutions, Inc. sends any health information processed by AI only to providers that are under a HIPAA Business Associate Agreement and meet HIPAA safeguards. Today that service is Amazon Bedrock, inside Mental Wealth Solutions, Inc.'s secured AWS environment; Mental Wealth Solutions, Inc. may use or add other AI services over time, but will never send your information to a consumer or non-BAA AI service. The AI is not a medical device, is not a licensed clinician, does not provide medical advice or therapy, and may contain errors. Always rely on your provider and qualified professionals for care decisions.

8. Your Responsibilities & Acceptable Use

• Keep your account credentials confidential and provide accurate information.
• Use the Service lawfully and do not attempt to access another person's account or data.
• Do not upload harmful code or interfere with the Service's security or operation.
• Do not rely on the AI in place of professional care, and seek qualified help in a crisis.

9. Your Account and Data

You may ask to close your account at any time. Because your health information is part of your provider's record, deletion and retention are governed by your provider's obligations and applicable law. Your provider controls the clinical record; contact them with requests about your information.

10. License to Use and Intellectual Property

VibeCheck and its software, design, and content are owned by Mental Wealth Solutions, Inc. or its licensors and are protected by intellectual-property law (including U.S. Provisional Patent Application No. 64/059,214). Mental Wealth Solutions, Inc. grants you a limited, personal, non-transferable, revocable license to use VibeCheck for your own care and support while your provider has invited you. You will not copy, modify, reverse-engineer, resell, or attempt to access parts of VibeCheck you are not authorized to use.

The information you enter remains yours. Because it is part of the record your provider keeps, it is handled through your provider and as described in the Privacy Policy.

11. Service Availability and Changes

Mental Wealth Solutions, Inc. works to keep the Service available but does not guarantee it will be uninterrupted or error-free, and may change, add, or remove features. The Service may be unavailable during maintenance or events beyond Mental Wealth Solutions, Inc.'s control. If you lose access, contact your provider, whose care relationship with you does not depend on the Service.

12. Disclaimers & Limitation of Liability

VibeCheck is provided "as is" and "as available" without warranties of any kind, except as required by law. To the fullest extent permitted by law, Mental Wealth Solutions, Inc. will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost data, arising from your use of the Service. To the fullest extent permitted by law, Mental Wealth Solutions, Inc.'s total liability to you for any claim relating to VibeCheck will not exceed the greater of the amounts you paid Mental Wealth Solutions, Inc. for the Service or US100. Nothing in these Terms limits any liability that cannot be limited under applicable law, including liability for a party's gross negligence, fraud, or willful misconduct.

13. Your Responsibility for Misuse

To the fullest extent permitted by law, you are responsible for claims, losses, and costs that result from your unlawful use of VibeCheck, your violation of these Terms, or your violation of another person's rights. This Section does not apply to ordinary, good-faith use of VibeCheck for your own care, and nothing in it limits any right you have that cannot be waived under applicable law.

14. Binding Arbitration & Class Action Waiver

Informal resolution first. Before starting arbitration, please email a description of the dispute to matthewsextonlcsw@mentalwealthsolutions.org and give us 30 days to try to resolve it.

Exceptions. You may bring an individual claim in small-claims court instead of arbitration. Either party may seek injunctive relief in court to stop misuse of the Service or to protect confidential information.

Fees. Arbitration fees are allocated under the AAA Consumer Arbitration Rules, which require Mental Wealth Solutions, Inc. to pay most of the arbitration costs in consumer cases.

Opt-out. You may opt out of arbitration by emailing matthewsextonlcsw@mentalwealthsolutions.org within 30 days of first accepting these Terms. Opting out will not affect any other part of these Terms.

If the class-action waiver is found unenforceable, that waiver will be severed and the dispute will proceed in court; the remainder of this Section survives to the extent permitted by law.

15. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 14.

16. General Provisions

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Mental Wealth Solutions, Inc. about your use of VibeCheck. Your care relationship and your health record stay with your provider.

Severability. If any provision is held unenforceable, the rest stays in effect. The severability of the class-action waiver is governed by Section 14.

Assignment. You may not transfer these Terms. Mental Wealth Solutions, Inc. may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

No waiver; notices; electronic communications. Our failure to enforce a provision is not a waiver. We may send you notices at the email on your account, and you agree to transact and receive records electronically.

Survival. Sections 10 (License and Intellectual Property), 12 (Disclaimers & Limitation of Liability), 13 (Your Responsibility for Misuse), 14 (Arbitration & Class Action Waiver), 15 (Governing Law), and 16 (General Provisions) survive after you stop using VibeCheck.

17. Changes to These Terms

We may update these Terms. We will notify you of material changes by email or in-app notice. Continued use after the effective date constitutes acceptance.

18. Contact Us

For anything about your health information or your care, contact your provider.