Terms & Conditions

Effective as of: October 15, 2025

By acknowledging these Terms & Conditions, you agree to these terms (the “Terms” or “Terms of Service“) which is an agreement between you and Timely Telehealth, LLC, (“TimelyCare”, “we”, “us” or “our”), concerning your access to, and use of various services offered through our web platform, and the one or more websites proprietary integrated web-based and/or mobile applications, software technology and related content that are required for you to receive the Services (as define in Section 2 below) (collectively, the “Platform“). By accessing, browsing, and/or using the Platform, you also accept and agree to be bound by these TERMS OF SERVICE, our Privacy Policy, any additional terms and conditions that are referenced herein or that otherwise may apply to specific conditions of the Platform, or to product and services (the “Services” that we make available to you through the Platform (all of which are part of these Terms). Accessing the Platform in any manner, whether automated or otherwise, constitutes use of the Platform and your agreement to be bound by and these Terms.

These Terms may change and TimelyCare reserves the right to impose new conditions on use of the Platform, from time to time, in which case we sill post the revised Terms on the Platform and update the “Last Revised” date to reflect changes. By continuing to access and use the Platform after we post any such changes, you accept the Terms as modified. TimelyCare reserves the right to deny access to the Platform or any feature on the Platform to anyone who violated these Terms, or in our sole judgment, interferes with the ability of others to enjoy the Platform, or infringes on the rights of others. If you do not agree to all of these Terms, please do not use or access the Platform.

1. TimelyCare Professional Entities. TimelyCare on its own behalf and on behalf of one or more professional corporations and/or professional limited liability companies¹ incorporated, formed or authorized in one or more states and for which TimelyCare provides administrative services (collectively, the “Professional Entities“), makes certain information available to you regarding remote Services (as applicable and if available in your child’s school/educational system), which may include academic/success coaching, counseling by licensed mental or behavioral healthcare provider, mental health coach or license medical practitioner (“Provider“) employed or under contract with, one or more of the Professional Entities to perform such Services (as defined below). You understand and agree that TimelyCare is the provider of certain administrative services including maintenance of the Platform and related services to the Professional Entities and does not provide the clinical Services itself. TimelyCare works in coordination with affiliated Professional Entities that are medical groups that providing clinical Services, and work to support to ensure Services are provided reliably, with care and professionalism.

2. The Services. A Provider provides telehealth services through the Platform commensurate with their scope of practice. Such Services involve provisioning sessions through the Platform, i.e., via “Telehealth”. Telehealth involves the delivery of health and wellness services using electronic communications, information technology, or other means between a licensed, certified, or registered health care professional at one location and a patient in another location about a clinical matter, with or without the support of an intermediary extender. Telehealth may be used for diagnosis, treatment, follow-up, and/or patient education. Telehealth services may involve various modalities, including asynchronous interactions, real-time video and audio encounters, and interactive audio with store and forward. For purposes of these Terms of Service, Services shall constitute the following, is such Services are made available to you via the TimelyCare Platform, as determined by your child’s school or educational system (TimelyCare Services varies based on your child’s school or educational system, therefore one or more of the following Services may not be available to you):

A. “Pediatric Therapy” means scheduled appointments with a counselor licensed in the state in which the recipient of services is located. Appointments are selected the day and time that fits best, along with options to select a Provider (where available).

B. You will be asked to review and provide a “Telehealth Informed Consent” (also referred to as “Consent”) which further informs you (“patient,” “you,” or “your” minor child) concerning the treatment methods, risks, and limitations of utilizing telehealth to meet your health and wellness needs. No Services can be provided without your Consent to you or your child.

3. You are responsible for your own, or your child’s, behalf, to provide and maintain, at your own risk, option, and expense, any device, technology, hardware or other capabilities (consistent with any technical, quality, or other requirements described on the Platform) to enable use of the Platform, including, but not limited to, a computer or mobile device, reliable internet access, and including if applicable, arranging for access to such devices or internet services at your child’s school or educational setting.

Furthermore, you are solely responsible for any fees, including internet connection or mobile fees that you incur while using the Platform or the Services.

A. You further agree that regarding use of the Platform and receipt of Services: ((i) You shall accurately select the Country and State in which the person (i.e., you or your child) receiving Services is physically located at the time of Services encounter. Failure to accurately identify your location will result in cancellation of Services encounter(s); (ii) the recipient of Services shall be timely for scheduled Services and be n-time; (iii) You shall use or ensure use of a reliable device (computer, tablet, or smartphone) with up-to-date software and a stable, password-protected internet connection for receipt of Services or Platform access; (iv) You shall provide or ensure provision of a quiet, private space with adequate lighting for clear video communication for receipt of Services; (v) You shall, or ensure that receipt of Services shall, connect to the Platform 5-10 minutes prior to a scheduled appointment time to confirm internet speed is sufficient to conduct the virtual visit and applicable technology are in working order, e.g., webcam and microphone. This time may also be used to complete assigned screening tools prior to Services visit; (vi) You shall have or ensure any authorized third-party has any necessary documents, medical records, and identification ready and available for an appointment; (vii) You acknowledge and agree, that if you are meeting with your child’s Provider individually or in a family therapy session, you may be asked to discuss relevant medical history, medications, current existing symptoms, and any questions you may have, and engage actively with the healthcare provider or coach by providing detailed and honest responses; (viii) You will consider and follow, or ensure your child understands, considers and follows, the Provider’s recommendations, post-visit instructions, treatment recommendations, or scheduling follow-up appointments; (ix) You will contact our Care Support team at (833) 484-6359 if you encounter any issues or have further questions; and (x) If you need to upload a photograph for a scheduled visit, you will not upload images of sensitive body areas and will consult with the Provider on the need for uploading any photos or images prior to doing so. Uploaded photographs may be entered/become a permanent part of your child’s medical record.

B. During a virtual care visit please be prepared to provide the following information as providers are required to verify identify of the patient and/or parent or guardian: (i) Identifiers may include legal name and date of birth; (ii) Emergency contact names, relationship, and contact phone numbers; (iii) Primary care physician, therapists, psychiatrist, or other healthcare providers name(s) and phone number(s); (iv) Providing a valid government issued picture ID for identification purposes; and (v) Confirmation of physical location of your child at the time of the appointment or your physical location if you are recipient of Services.

4. TimelyCare Account Profile. In the course of using the Platform and accessing the Services, you will be asked to provide certain personal demographic, biographical, and (where applicable) medical information to create a profile for you or your child. You agree to: (i) fully, accurately, and truthfully provide information used to create your and/or your child’s TimelyCare profile; (ii) prohibit anyone else from using your TimelyCare registered profile(s); (iii) will ensure any changes to such information are updated promptly and accurately; and (iv) that you can be contacted by TeimelyCare or Provider(s) via telephone, SMS text messaging, mail, or email to verify your TimelyCare Profile information.

If you provide false, inaccurate or information that misrepresents information about you or your child(ren), we reserve the right to suspend, discontinue, or deny access to and use of the Platform and Services. You may not transfer or share your TimelyCare profile with anyone, and TimelyCare reserves the right to immediately terminate your access to the Platform and Services if you do transfer or share your TimelyCare profile or login information. You agree to immediately notify TimelyCare of any actual or suspected unauthorized use of your TimelyCare profile or credentials or other security concerns of which you become aware.

5. Electronic Healthcare Records. Your TimelyCare Electronic Medical Record (“EMR”) is created for you (or your child) to enter, store and access your (or your child’s) personal health information online, including medical history, current health conditions, symptoms, complaints, allergies and medications, and for your Provider to record the results of his or her medical encounters with you in accordance with his or her obligations under applicable state and federal law with regard to creating and maintaining your record. Any information provided as part of a video and/or telephone consultation or Services becomes part of your TimelyCare EMR. You agree to provide accurate, current and complete information about yourself for your TimelyCare EMR, to periodically review and to update such information as needed to keep it accurate, current and complete. For additional information regarding use of your EMR, please see our Privacy Policy. It is your responsibility to confirm any third-party information, or information regarding a minor child of whom you are a parent or legal guardian, in your EMR. TimelyCare is not responsible for maintaining data arising from use of the Services. Subject to retention and destruction requirements imposed by law, TimelyCare reserves the right to maintain, delete or destroy all communications and materials posted or uploaded pursuant to its internal record retention and/or destruction policies. Please note that it is solely your physician’s obligation to use and disclose the information included in your EMR in accordance with applicable state and federal law, including, without limitation, obtaining any consents or authorizations that may be required for your information to be shared with other health care providers. However, by requesting a consultation through the Platform, you agree to disclose the contents of your complete TimelyCare EMR to the Provider who will conduct your consultation, or provisions Services.

6. Communications. You understand and agree that “Services” (whether clinical or non-clinical) may involve the communication of your healthcare and academic information, both via text or orally, to other Providers, including but not limited to other physicians, healthcare practitioners, coaches, and other administrative staff to support your health and well-being. A Provider will communicate with you If your chosen communication modality is not successful either due to low video quality, low internet speed, or any other technical difficulties, your provider will call you at the phone number listed in your TimelyCare account; please ensure your phone number is accurate, up-to-date, and enabled to allow phone calls from TimelyCare.

7. Prohibited Conduct. You agree that, in our sole discretion, we may suspend or terminate your password, account (or any part thereof) or use of the Platform, or any part of the Platform, and remove and discard any materials that you submit to the Platform, at any time, for any reason, without notice; provided, however, that TimelyCare shall comply with applicable state and federal law concerning the privacy and retention of any and all health Records. You agree that we will not be liable to you or any third party for any suspension or termination of your password, account or use of the Platform or any part thereof, or any removal of any materials that you have submitted to the Platform. In the event that we suspend or terminate your access to and/or use of the Platform, you will continue to be bound by the Terms of Service that were in effect as of the date of your suspension or termination. You may not access, use, or attempt to use the Platform, “Services”, or to take any action that could harm TimelyCare, the Professional Entities, or any third party, interfere with the operation of the Platform or the Services, or use the Platform, “Services”, or “Clinical Services” in a manner that violates any laws. Your conduct on the Platform or during “Services” or “Clinical Services” may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms and Conditions. We may suspend or terminate your access to the Platform, “Services”, or “Clinical Services” for any or no reason at any time without notice.

8. Platform Access.

Site Registration. In order to access certain features of our Platform or the Services, we may ask you to provide certain personally identifiable information such as your name and e-mail address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Platform’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any information you provide to us as part of the registration process is governed by the terms of our Privacy Policy, and such information may include: Personal Identifiable Information (“PII”) and contact information; Medical or health information; Account registration information; Demographic and geolocation data; Academic information, graduation date, graduation year, and experiences; computer, mobile device, and/or browser information (e.g., IP address, operating system, connection speed, browser type, cookies, and hardware and software attributes); usage activity concerning your interactions with the Platform, or billing payment or related information. Parents or guardians are responsible for ensuring that all information provided in connection with a minor’s use of the Services is accurate and up-to-date. You agree not to misrepresent your identity or relationship to any minor for whom services are requested.

A. Eligibility and Parent/Guardian Consent. A recipient of Services under the age of 18, may only use the Services under the supervision and with the consent of a parent or legal guardian. If you are a parent or guardian, you must create and manage the account on behalf of children under the age of 18, by registering a child for the Services, and affirm that you are their parent or legal guardian. You consent to the collection, use, and disclosure of their personal and health information as described in our Privacy Policy. As a parent or guardian, you are responsible for ensuring that all information provided in connection with a you and your child’s use of the Services is accurate and up-to-date. You agree not to misrepresent your identity or if applicable your child’s information and your legal familial or guardian relationship and to provide accurate and truthful information.

B. Web Pages/Cookies. When visiting the TimelyCare web pages, certain tracking, data aggregation, and/or data analysis technologies may also be used enhance your user experienc, including, for example, the following: cookies, flash cookies, web beacons, scripts, and analytics tools and services. For more information regarding cookies, web beacons and analytics, see the TimelyCare Cookie Policy as set forth in our Privacy Policy. Please be advised that if you choose to block, reject, disable, delete, or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation, and data analysis technologies, then certain areas of the Platform and/or tools used to provision Services may not function properly.

C. Third-Party Partners. Throughout our Platform, we may have provided links and pointers to Internet Platforms maintained by third parties. Our linking to any such third-party Platforms does not imply an endorsement or sponsorship of such Platforms, or the information, products or services offered on or through the Platforms. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that such third parties may provide on or through the Platform or on web. In addition, the TimelyCare Platform may utilize third-party software, technology, application program interfaces, user interface platforms and/or related technology in provisioning Services, that may be accessed by you and/or the Professional Entity personnel, including Providers and TimelyCare personnel in order to provision Services to you/your child.

D. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PLATFORM AND ANY THIRD-PARTY PLATFORMS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE PLATFORM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE PLATFORM, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM OR MATERIALS ON THE PLATFORM OR ON THIRD-PARTY PLATFORMS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

E. You must provide and are solely responsible for all hardware and/or software necessary to access the Platform. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

F. At-Home/On-Campus Virtual Care Sessions. You acknowledge and agree, and authorize (to the extent such authorization is necessary) that: (i) you or an authorized adult that you designated shall be available to join or participate in an at-home or on-campus (i.e., your child’s school) virtual care session; (ii) that certain school personnel shall access your child’s information (including sensitive personal and healthcare related information) in order to provision on-campus care and/or facilitate an on-campus virtual care session; (iii) the school personnel are responsible for the enabling and facilitating an on-campus virtual care session, including providing a private setting, necessary technology and device needed to access the TimelyCare Platform; and (iv) you are responsible for scheduling, confirming and/or rescheduling any virtual care session (see also Cancellations, Section 11 below).

9. Financial Responsibility.
You acknowledge and agree that you: (A) are ultimately responsible for Provider services; (B) authorize and assign to TimelyCare all healthcare benefits to which you are entitled, and authorize TimelyCare/Provider to submit claims of benefits to your health insurance plan; (C) authorize payment of such benefits directly to TimelyCare for Provider services; (D) are responsible for any co-payment or deductible, co-insurance, any unpaid balances or amounts not covered by your health insurance plan; (E) are responsible for services not covered or if coverage is denied by your insurance plan; and (F) by providing a credit card or other payment method, you expressly agree that TimelyCare is authorized to charge any fees that you incur for your use of Services which are not otherwise covered by your insurance carrier.

You also acknowledge that in certain circumstances, if you are un-insured or under-insured, under separate agreement between your school and TimelyCare, there may be an arrangement for your school/school system to render payments for services that you or your child receive.

10. Data Retention. TimelyCare may retain your/your child’s information for (1) as long as it believes necessary to perform Services; (2) as long as necessary to comply resolve disputes, and/or enforce agreements; and/or (3) as long as may be necessary under applicable federal, state or local laws and regulations. TimelyCare may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by TimelyCare or as required by applicable law.

11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR ANY OF OUR SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES, WHETHER EXTANT OR TO BE FORMED, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE PLATFORM, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY STATE WHERE THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES IS NOT PERMISSIBLE, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, WHETHER EXTANT OR TO BE FORMED, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE PLATFORM, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE PLATFORM, OR WITH ANY OF THE PLATFORM’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

12. Cancellations. You are expected to attend scheduled visits. TimelyCare requires a minimum 24 hours notice for cancellation and reschedule. In the event that you either: (i) do not attend a Service; (ii) are more than ten (10) minutes late for a Service; or (iii) cancel a Service within twenty-four (24) hours of the scheduled Service, you will have deducted one “Clinical Service” credit from your allotted amount, which allotment shall be determined in accordance with the contractual obligations between TimelyCare and your enrolled college, university, institution of higher learning, or charitable organization. Subject to TimelyCare’s contractual obligations with your enrolled college, university, institution of higher learning, or charitable organization failure for you to comply with this “Cancellations” section may subject you to a cancellation fee to be paid via the Payment Method on file and/or charged to your college, university, institution of higher learning, educational institution partner, or charitable organization student account. The amount of the fee may vary, based on your Institutional Partner(s).

13. Consent to Process Sensitive Personal Information. To the extent consent to process sensitive personal information is required by applicable law, you hereby authorize TimelyCare to collect and process your sensitive personal information, including your race or ethnic origin, your religious beliefs, information related to a mental or physical health condition or diagnosis, your sex life or sexual orientation, your citizenship or citizenship status, and your genetic or biometric data that may be processed for the purpose of uniquely identifying you as an individual, pursuant to the Privacy Notice. You may withdraw this consent at any time by notifying TimelyCare by messaging us at [email protected]. Note the withdrawal of your consent will not affect the lawfulness of our uses or sharing of your personal information before you withdraw your consent.

14. Call Recording for Customer Support. You acknowledge that we may record your telephone calls to Customer Support for quality control and training purposes. You acknowledge and agree that our agents, representatives, affiliates or anyone calling on our behalf may contact you on a recorded line and record your conversation. Such recording will be subsequently deleted once reviewed by TimelyCare Customer Support supervisors.

15. Risks of Telehealth Modality. You understand that there are risks associated with the Services provisioned through Telehealth, including, but not limited to, the following:

i. Potential risk of disruptions due to technology or internet problems, which can affect the quality of care.
ii. Potential risk of power failures with loss of communication.
iii. Potential for misunderstandings due to lack of non-verbal cues and body language in audio-only visits.
iv. Potential risk of data breaches, unauthorized access to personal health information, confidentiality including public discovery, possibility of hackers, household noise or interruptions and other potential risks outside of our control.
v. Some medical issues may require a physical examination or physical testing that cannot be conducted via telehealth which could lead to inaccurate diagnoses or delayed treatment.
vi. Variations in telehealth regulations across states may affect the delivery of services and may impact medication prescribing capabilities.
vii. Building a therapeutic alliance might be more challenging without face-to-face interaction.
viii. Telehealth therapy may not be beneficial, and its effectiveness is not guaranteed.
ix. Reduced in-person contact with healthcare Providers may present a risk for difficulties in monitoring and managing medication side effects without in-person assessments and/or diagnostic tools and tests.

16. Consent to Communication. You hereby authorize TimelyCare, and its service providers, to communicate with you via email, phone call, and/or SMS text message at the email address and/or number provided, including through auto-dialed, auto-generated and/or pre-recorded messages. You understand that such emails/messages may include, without limitation, authentication codes for purposes of verifying the ownership of your mobile device, reminders about your upcoming appointments or rescheduling missed appointments, billing or payment information or marketing (e.g., information about TimelyCare’s services or products). You may opt out of receiving email, phone call, and/or text message at the email address and/or number provided to TimelyCare. However, such opt-out may impact your access to the “Services” and “Clinical Services”.

You further acknowledge and agree that communications sent via unencrypted email or via text messages over an open network are inherently unsecured, and there is no assurance of confidentiality of information communicated in this manner.

You certify you are the user and/or subscriber of the email address and/or mobile number provided, and you accept full responsibility for emails and/or text messages sent to or from this address or number. You acknowledge that by receiving alerts via your mobile phone, additional message and data rates may apply and you will be solely responsible for those charges.

You understand that emails and text messages have inherent privacy risks, especially when access to your computer or mobile device is not password protected or access is provided by your employer.

You understand that, in order to process and/or respond to your emails or text messages, individuals at TimelyCare other than those directly involved in care delivery may need to read your email or text message and that any email or text message and response thereto may become part of your medical record – as appropriate.

You understand there may be a delay when responding to emails or text messages; thus, if you have an urgent or emergent situation, you should not rely on email or text message to request assistance but should seek assistance by calling 911 or 988 when located within the United States of America.

17. External Links. This Platform may include links to other Platforms that are not owned or under TimelyCare’s control and TimelyCare is not responsible for, and makes no representations, warranties, or recommendations with respect to the usefulness, availability, or content of any such sources, and you assume all responsibility with respect to the use of such Platforms and any and all information or services furnished through such Platforms.

18. Adverse Technical Events. The transmission of information on this Platform is beyond TimelyCare’s control. Accordingly, TimelyCare assumes no responsibility for, or relating to, delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of this Platform or Platforms access through this Platform.

19. Disclaimer and Limitation of Liability. ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TIMELYCARE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO ACCESS THE PLATFORM OR ENGAGING IN A SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. TIMELYCARE IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE USE OF THIS PLATFORM AND/OR ANY MATERIAL LINKED THROUGH THE PLATFORM.

20. Copyright and Trademarks. All content included on the Platform including, but not limited to, text, photographs, video, documents, graphics, button icons, images, artwork, names, logos, trademarks, service marks, and data (the “Marks”), in any form including the compilation thereof, are proprietary to TimelyCare and protected by U.S. and international copyright law and conventions. The Marks include both Marks owned or controlled by TimelyCare and Content owned or controlled by third parties and licensed to TimelyCare. Except as set forth below, direct, or indirect reproduction of the Marks, in whole or in part, by any means, is prohibited without our express written consent. You are authorized only to use the Platform for personal use and are not authorized to reproduce, sell, or exploit the Platform or content of the Platform for commercial purposes. If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Platform in a manner that constitutes copyright infringement, please inform us by e-mail to [email protected]. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Platform; (3) your contact information, including your address, telephone number, and, if available, e-mail address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Service or on the Platform.

21. Indemnification. You agree to indemnify and hold harmless TimelyCare, the Professional Entities and each of their respective officers, directors, employees, agents, developers, vendors, affiliates, third party information providers, licensors, and others involved in the development or the delivery of services or information over the Platform from and against any and all liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, arising from any violation by you of these Terms and Conditions.

22. Dispute Resolution. TimelyCare will try to work in good faith to resolve any issue you have with the Platform. However, TimelyCare realizes that there may be rare cases where we may not be able to resolve an issue to your satisfaction. In the event a dispute cannot be resolved between you and TimelyCare, you agree that all matters related to any use or access of the Platform or use of Services will be governed by the laws of the state of Texas, without regard to applicable principles of conflicts of law. You agree and expressly consent to the exercise of personal jurisdiction in the state courts of Texas in Tarrant County, Texas in connection with any claim involving the Platform and/or the Services.

23. Miscellaneous. If any provision of these Terms and Conditions are deemed to be unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The failure of either you or TimelyCare to exercise, in any way, any right herein shall be deemed a waiver of any further rights hereunder. These Terms and Conditions constitute the entire agreement between you and TimelyCare relating to the subject matter herein. You and TimelyCare agree there are no third-party beneficiaries intended under these Terms and Conditions.

24. After-Hours Support

• Emergency situations: Dial 911 or visit the nearest emergency room.
• Non-emergency inquiries: Contact us at (833) 484-6359. Response times may vary.
• Cancellations and rescheduling: Please contact TimelyCare through the “Help Center” located within TimelyCare or call Customer Support at (833) 484-6359 at least 24 hours in advance to avoid a loss of visit credits and cancellation fees.
• Complaints can be made through online channels or by calling Customer Support at (833) 484-6359.

25. Amendment of Terms and Conditions. TimelyCare has the right to amend these Terms and Conditions at any time without notice to you by posting the revised Terms and Conditions on this Platform. Where permitted by applicable law, you agree that your continued use of the Services following the posting of changes constitutes your acceptance of such changes.