Terms & Conditions

Last Updated: June 12, 2024

By clicking on this box, you agree to these Terms of Use (the “Terms” or “TOU“), which are an agreement between you and Timely Telehealth, LLC, a Texas limited liability company (“TimelyCare”) concerning your access to, and use of, various services offered through our web Platform and any web-based and/or mobile applications that require you to create an account in order to use the Services (as such term is hereinafter defined) (collectively, the “Platform” or the “TimelyCare Platform“). By accessing, browsing, and/or using the Platform, you accept and agree to be bound by the TOU and the applicable Privacy Notices (collectively, the “Terms and Conditions“). If you do not agree to all of these Terms and Conditions, do not access, or use the Platform. These Terms and Conditions may change. Because your use of the Platform means that you agree to these Terms and Conditions, if we revise and update these Terms and Conditions, your continued use of TimelyCare and the Platform will mean that you accept these changes. You choose whether or not to use TimelyCare and the Platform. If you do not agree to all of these Terms and Conditions, please do not use TimelyCare and the Platform.

1. Your Relationship with TimelyCare. 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 and/or coaching, as applicable provided via phone, video, synchronous or asynchronous data exchange by a coach, licensed healthcare provider, or mental health coach (“Provider“) employed or under contract with, one or more of the Professional Entities (the “Services” and the “Clinical Services,” or, collectively, the “Services“, as more fully defined below in Section 4). The below Terms of Use apply to all Services unless specifically indicated.

2. General. Prior to accessing the Services, you represent and warrant that you are at least eighteen years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms and Conditions and abide by the obligations hereunder. If you are an adult dependent receiving care through a primary account holder, your personal information, to include medical and mental health records, is visible to the primary account holder. If you are not comfortable with this arrangement, do not proceed with utilizing this service. You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software, and hardware 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 with internet access. You are solely responsible for any fees, including internet connection or mobile fees that you incur while using the Platform or the Services.

3. TimelyCare 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. You agree to: (i) fully, accurately, and truthfully create your TimelyCare profile; and (ii) prohibit anyone else from using your TimelyCare profile. You agree to provide accurate, current, and complete information about yourself for your TimelyCare profile and to periodically review and update such information as needed to keep it accurate, current, and complete. In the course of providing the Services, TimelyCare and/or the Professional Entities may contact you by telephone, mail or email to verify your TimelyCare Profile information. If you do not provide this information in the manner requested, we reserve the right to suspend, discontinue, or deny your access to and use of the Services until you provide the information to us as requested. 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. 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.

4. The Services. For purposes of these Terms of Use, Services shall constitute the following, based on what is available to you via the TimelyCare Platform, as determined by your college, university, institution of higher learning or educational institution partner. TimelyCare offers a variety of services within the application. Please note that access to TimelyCare Services varies based on what has been purchased by your college, university, institution of higher learning, or educational institution partner and subsequently, Service availability may vary.

A. The below constitute the Services provided by TimelyCare (the “Services”) . In the course of the provision of Services, non-medical information and feedback from TimelyCare may be included in your record (“Service Record”):

i. Basic Needs Assistance: Assistance to connect you with support in addressing basic non-medical needs such as food, housing, transit, finance and child care assistance.
ii. Student Success Services: On-demand and/or scheduled consultations with a coach to provide support for academic preparedness, financial wellness and/or career readiness goals.
iii. TimelyCare Peer Community: A 24/7, inclusive, positive support system.
iv. Self-Care Content: An on-demand suite of evidence-based tools, techniques, and therapeutic practices designed by TimelyCare to help you navigate the unique health challenges you face and achieve better health & well-being.
v. Self-Care Journeys: Category-specific self-care content consisting of tools, practices, and experiences designed to help you navigate the unique health challenges you face during their college career and achieve better health & well-being.
vi. Faculty and Staff Guidance Line: Dedicated 833 telephone line for faculty and staff to reach the TimelyCare team for guidance and support in cases of student distress.

B. The below constitute the Clinical Services provided by TimelyCare and the Professional Entities (“Clinical Services” ). In the course of the provision of the Clinical Services, information from TimelyCare and the Professional Entities may be included in your electronic medical record (the “Medical Record” or “Electronic Medical Record“):

i. Health Coaching Consultations: Scheduled non-diagnostic coaching Services, based on availability, provided by a Health Coach Provider.
ii. Scheduled Counseling Consultations: Scheduled Services, based on availability, provided by a licensed mental health Provider.
iii. Scheduled Psychiatric Consultations: Scheduled psychiatric Services, based on availability, provided by a licensed psychiatric Provider.
iv. MedicalNow Consultations: On demand, medical diagnostic remote Services, based on availability, provided by a licensed healthcare Provider.
v. Scheduled Medical Consultations: Scheduled medical Services, based on availability, provided by a licensed healthcare Provider.
vi. TalkNow Consultations: On demand, non-diagnostic coaching, based on availability, provided by a qualified mental health Provider.

5. The Clinical Services.

A. Relationship with Healthcare Providers. By participating in the Clinical Services supported by licensed Providers, you understand and agree that you are entering into an agreement with one or more of the Professional Entities, which shall be the providers of professional health services to you, which means, among other things, that you are entering into a practitioner-patient relationship with the licensed healthcare Provider associated with the Professional Entities that personally performs the Clinical Services with you.

B. Role of TimelyCare. You understand and agree that TimelyCare is the provider of certain administrative services to the Professional Entities and does not provide the Clinical Services itself. Providers provide telehealth services commensurate with their scope of practice.

C. Consent to Share Medical Records, where applicable, with Enrolled college, university, institution of higher learning, or educational institution partner. You agree and hereby authorize TimelyCare and the Professional Entities providing the Clinical Services to disclose your medical records, including mental health records which may be a part of such medical records, to the college, university, institution of higher learning, or educational institution partner with which you are enrolled in connection with your treatment by the Professional Entities as well as may be requested by such entities for administrative and oversight activities. You understand that if your Protected Health Information (“PHI“) is disclosed to someone who is not required to comply with applicable privacy laws, then such information may be re-disclosed by the recipient and may no longer be protected by applicable privacy laws. You hereby authorize the disclosure described herein. You have read and understand this authorization, and you understand that you have a right to a copy of this authorization. You are the individual listed on this authorization or are authorized to act on behalf of the individual as the patient’s personal representative. Solely for purposes of this Section C, Faculty and Staff users shall be expressly excluded from any record sharing practices with the college, university, institution of higher learning, or educational institution partner, unless explicitly agreed upon by the individual faculty or staff member.

D. Electronic Healthcare Records. You agree to the entry of your medical and personal information in connection with a Clinical Service into the electronic records of the Professional Entities and understand that reasonable measures have been taken to safeguard your medical and personal information. However, you understand that no computer or phone system is totally secure. You further agree that any healthcare Provider associated with the Professional Entities who uses your medical and/or personal information with the Professional Entities may access and use such records as needed to provide treatment and/or services (including coordinating your care) and to improve the quality of your care. The Professional Entities’ electronic records allow better access to your medical and personal, academic, and educational information, leading to better coordination and quality of care and/or coaching. The Professional Entities recognize your privacy and, in accordance with their Medical Information Privacy Notice and the Family Educational Rights and Privacy Act (“FERPA“), will not release your medical, personal, academic, or educational information to anyone without written authorization or as required or permitted by law.

E. Communications. You understand and agree that Clinical Services may involve the communication of your healthcare information, both via text or orally, to other Providers, including but not limited to other physicians, healthcare practitioners, and coaches.

F. Prescriptions. You agree that licensed prescribing Providers associated with the Professional Entities may not prescribe the following drugs in the course of providing the Clinical Services:

1. Prescriptions for narcotics or DEA (Drug Enforcement Administration) controlled substances (Schedules I, II, and III);
2. Prescriptions for medications restricted by the states in which the Professional Entities operate; or
3. Prescriptions for abortifacient or any other drug that terminates a pregnancy.

G. No Guarantee of Prescriptions. In the event that a healthcare Provider associated with the Professional Entities does prescribe a medication while providing Clinical Services, such provider will limit the supply based on state regulations and will only prescribe a medication as determined appropriate based upon the Provider’s sole discretion and professional judgment. TimelyCare does not guarantee that a prescription will be written. You agree that any prescriptions that you acquire from a healthcare Provider associated with the Professional Entities shall be solely for your personal use. You agree to fully and carefully read all product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.

H. NOTICE TO PATIENTS OPEN PAYMENTS DATABASE. For informational purposes only, a link to the federal Centers for Medicare and Medicaid Services (CMS) Open Payments web page is provided here. The federal Physician Payments Sunshine Act requires that detailed information about payment and other payments of value worth over Ten ($10) dollars from manufacturers of drugs, medical devices, and biologics to physicians and teaching hospitals be made available to the public. You may search this federal database for payments made to physicians and teaching hospitals by visiting this webPlatform: https://openpaymentsdata.cms.gov/

6. Consent to Share Services Notes, where applicable, with Enrolled college, university, institution of higher learning, or educational institution partner. You agree and hereby authorize TimelyCare to disclose your Service Record to the college, university, institution of higher learning, or educational institution partner with which you are enrolled in connection with the Services as well as may be requested by such entities for administrative and oversight activities. You understand that if your Personal Identifiable Information (“PII“) is disclosed to someone who is not required to comply with applicable privacy laws, then such information may be re-disclosed by the recipient and may no longer be protected by applicable privacy laws. You hereby authorize the disclosure described herein. You have read and understand this authorization, and you understand that you have a right to a copy of this authorization. You are the individual listed on this authorization or are authorized to act on behalf of the individual as the patient’s personal representative. TimelyCare recognizes your privacy and, in accordance with their Privacy Notice and the Family Educational Rights and Privacy Act (“FERPA“), will not release your personal, academic, or educational information to anyone without written authorization or as required or permitted by law.

7. Access to Non-Clinical Records. Where Services are provided, you have a right to access your Service Record with the TimelyCare, which will be available to you within 72 hours subsequent to your service visit. You acknowledge that you can download, at any time, your electronic record with TimelyCare and share it with whomever you choose.

8. Not Investment Advice. In the course of providing the Services, some information regarding budgeting and personal finance may be shared with you. This is for informational purposes only, you should not construe any such information or other material as legal, tax, investment, financial or other advice. Nothing contained on the Platform constitutes a solicitation, recommendation, endorsement or offer to buy or sell any securities or other financial instruments in any jurisdiction.

9. Prohibited Conduct. You may not access, use, or attempt to use the Platform or the Services 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 or Services in a manner that violates any laws. Your conduct on the Platform or during 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 or the Services for any or no reason at any time without notice. Additionally, TimelyCare reserves the right to suspend or terminate your access to the Platform or the Services if, for example, and without limitation, you:

A. Transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of any materials you transmit;

B. Provide information that is untrue, inaccurate, or incomplete, including providing accurate confirmation of your physical location at the time of the Services;

C. Transmit any message, image, or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;

D. Expose your genitals or any other part of your body during a Service that is not applicable to the Service. TimelyCare does not provide access to Services intended to evaluate your genitals and/or breasts;

E. Transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;

F. Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Services to anyone without prior express permission;

G. Engage in unauthorized means to compile content or personal information on the Platform;

H. Take any action that imposes an unreasonable or disproportionately large burden on TimelyCare’s network or infrastructure;

I. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform or any activity conducted on the Platform to attempt to probe, scan, test the vulnerability of, or breach the security of TimelyCare’s system of network;

J. Attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Platform;

K. Engage in any other conduct that restricts or inhibits any person from using the Platform or Services or that, in TimelyCare’s sole judgment, exposes us or any third party to any liability, damages, or other detriment; or

L. Post and comment in TimelyCare’s Peer Community when you are located in one of the following countries: Belarus, Cuba, Darfur, Iran, Libya, North Korea, Russia, Somalia, Sudan, Syria.

M. Attempt to Access Basic Needs services when you are located in one of the following countries: Belarus, Cuba, Darfur, Iran, Libya, North Korea, Russia, Somalia, Sudan, Syria.

N. Attempt to access Health Coaching services when you are located in one of the following countries: Belarus, Cuba, Darfur, Iran, Libya, North Korea, Russia, Somalia, Sudan, Syria.

10. Personal Data. TimelyCare may collect information you provide when using the Platform, including, but not limited to:

A. Personal identifying information and contact information;

B. Account registration information;

C. Demographic and geolocation data;

D. Academic information, graduation date, graduation year, degree classification, major, and experiences;

E. Computer, mobile device, and/or browser information (e.g., IP address, operating system, connection speed, browser type, cookies, and hardware and software attributes);

F. Usage activity concerning your interactions with the Platform and/or third-party Platforms, networks, or applications accessed through the Platform (e.g. viewing habits, viewing preferences, viewing history, number of clicks on a page, etc.);

G. Billing, payment, and shipping information;

H. The name and telephone number associated with your mobile device; and

I. With your express written consent, information about third-party software applications on your mobile device (including, without limitation, general software applications, downloadable software applications, and social media applications).

TimelyCare may collect your information directly from you (1) when you visit, access, or use the Platform; (2) when you register with or subscribe to use the Platform or the Services; (3) when you sign into the Platform; (4) when you interact with the Platform on any social media platforms; (5) when you allow the Platform to access, upload, download, import, or export content found on or through your computer or mobile device; or (6) when TimelyCare asks you for such information. Additionally, if you send TimelyCare a comment, message, or other communication about you or your activity on the Platform, then TimelyCare may collect any information provided therein. Finally, TimelyCare may use various tracking, data aggregation, and/or data analysis technologies, 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.

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 Services may not function properly.

11. Data Retention. TimelyCare may retain your information for (1) as long as it believes necessary; (2) as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce agreements; or (3) as long as needed to provide you with its products and services. 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 law.

12. Privacy Notice. You agree to the Privacy Policy issued by the Professional Entities, the terms, and conditions of which are incorporated herein. Please note that in some instances, TimelyCare’s customers, and not TimelyCare, will determine how and why personal information collected by TimelyCare is used. In those instances, the applicable privacy notices, including any HIPAA Notice of Privacy Practices, of TimelyCare’s customers may apply.

13. Payment for Services. Services are typically provided to you at no cost to you. However, in certain instances, you may exceed specific contractual caps on Services agreed to between TimelyCare and the college, university, institution of higher learning, or educational institution partner with which you are enrolled and/or employed.

If you exceed the allotted number of Services for which your college, university or institution of higher learning has contracted, you agree to pay an up-front fee as disclosed to you at the time of such consultation. The amount of the fee will depend on the type of service and will be fully disclosed to you prior to the Service. If you are not prepared to pay the patient responsibility amount at the time of such consultation, your consultation may be rescheduled.

In the event you will need to be charged for a Service, by providing a credit card or other payment method accepted by TimelyCare (“Payment Method”), you are expressly agreeing that TimelyCare is authorized to charge to the Payment Method any fees for a Service, together with any applicable taxes.

You agree that authorization to charge your Payment Method remains in effect until you cancel it in writing, and you agree to notify TimelyCare of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, TimelyCare may at its discretion attempt to process the charge again at any time within 30 days.

14. Notice of Non-Coverage. TimelyCare does not bill insurance companies or third-party payors for Services. In the event you need to be charged by TimelyCare as described in Section 13 for a Service, you may request a copy of a bill from TimelyCare following a Service, which you may then submit to your insurance company or third party payor for reimbursement. Please note that services rendered by TimelyCare may not be a “Covered Service” reimbursable by insurance or health care coverage provided by third party payors. If your health insurance company or third-party payor determines that a particular service is not a “Covered Service” as defined under such policy or the charge for the Service is not reasonable and necessary, your insurer or third-party payor will deny payment for that service. For this reason, if you exceed the allotted number of Services for which your college, university or institution of higher learning has contracted and you wish to utilized insurance benefits to obtain additional sessions with TimelyCare providers, TimelyCare suggests that you contact your insurance company or third party payor prior to requesting a Service.

15. Cancellations. 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 Service from your allotted amount, which allotment shall be determined in accordance with the contractual obligations between TimelyCare and your enrolled college, university or institution of higher learning. Subject to TimelyCare’s contractual obligations with your enrolled college, university or institution of higher learning, 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, or educational institution partner student account. The amount of the fee may vary, based on your enrolled college, university, institution of higher learning, or educational institution partner.

16. 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 at 833-484-6359 or through the TimelyCare App Help Center. 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.

17. Confirmation of Information. It is your responsibility to confirm any third-party information for yourself, adult dependents associated with the primary account holder, or information regarding a minor of whom you are a parent or legal guardian.

18. 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.

19. Risks and Benefits. You understand that there are risks associated with the Services, including, but not limited to, the following: (a) loss of data and/or records from failure of electronic equipment; (b) power failures with loss of communication; and (c) access of electronic data and/or records by third parties (hackers). Furthermore, for healthcare services, you understand that there are potential consequences of Services, such as reduced in-person contact with healthcare Providers. You understand, however, that there are many potential benefits of Services, including the following: (i) increased availability of healthcare; (ii) availability of real-time data and information; and (iii) ease and convenience of receiving healthcare. Finally, you understand that it is impossible to list every possible risk, consequence, and benefit of Services.

20. Rights. You understand that you have all the following rights with respect to Services:

A. Free Choice. You have the right to withhold or withdraw your consent to Services at any time without affecting your right to future care, treatment, or coaching.

B. Access to Health Information. You have the right to request a copy of all health information transmitted during Clinical Services which is described in more detail in the Privacy Policy.

C. Access to Personal, Academic and Educational Information. You have the right to request a copy of all personal, academic, and educational information transmitted during Services.

D. Confidentiality. You understand that the laws that protect the confidentiality of health and personal/academic/educational information apply to Services, and that no information or images from such interaction which identify you will be disclosed to other entities without your consent, unless otherwise permitted by law.

21. Consent to SMS Text Messages. 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 telemarketing (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.

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 there may be a delay when responding to emails or text messages; thus, if you have an urgent situation, you should not rely on email or text message to request assistance but should seek assistance by calling 911.

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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

28. 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. These Terms and Conditions may be subject to change.

29. 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.