Terms of Service

Welcome to Klarity Wellness. (“we,” “us,” “our,” or “Klarity Wellness”) our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Klarity Wellness., including the www.klaritywell.com and www.klaritywellnessgroup.com websites (collectively, the “Site”). Please read these Terms of Use (the “Terms”) carefully because they govern the use of our Site and our Services (described below) accessible via our Site. The terms “you” and “your'' means you and any other person accessing your Klarity Wellness Account.

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services and purchase of Products. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use, provided to you by Klarity Wellness, as well as our Notice of Privacy Practices and Telehealth Consent. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911. THIS SERVICE IS NOT APPROPRIATE FOR MEDICAL EMERGENCIES.

This Agreement sets forth the terms of your service with Klarity Wellness.

INITIAL NOTICES:

NOT HEALTH INSURANCE

THIS AGREEMENT IS NOT HEALTH INSURANCE AND DOES NOT MEET ANY INDIVIDUAL HEALTH INSURANCE MANDATE THAT MAY BE REQUIRED BY FEDERAL OR STATE LAW, INCLUDING THE FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT

Clients of Klarity Wellness understand and accept the above notices:

Description of Services.
The Site provides a platform for adults to connect with a Healthcare Provider if desired (the “Services”). The Services may include such features as:
1. Self-administered electronic assessment and screening based on validated studies
2. Review information on Site about treatments, and how to get help
3. Connect with a licensed healthcare provider who is affiliated with Klarity Wellness (“Healthcare Provider(s)”) for Clinical Services (described below)
4. Receive medications prescriptions on a recurring basis
5. Receive therapy services on a recurring basis
6. Monitor care and progress through other tools and resources
The specific features of the Services may change from time to time, and Klarity Wellness may choose to discontinue some or all of the Services, in its sole discretion.
Not For Emergencies.

Our Platform and the Services are not for medical emergencies or urgent situations. You should not delay seeking medical advice based on anything that appears or does not appear on our Platform. If you believe you are experiencing an emergency, call 9-1-1 immediately.

You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment.

Clinical Services. Clinical services from Healthcare Providers, including mental health diagnosis, medical advice, prescribing medications relating to treating depression or anxiety, and therapy (“Clinical Services”) are available only in certain states as identified on the Site (the “States Where We Operate”). You may only use Clinical Services from an internet connected device located in one of the States Where We Operate.
To receive Clinical Services, you must agree to the Telehealth Consent, which shall constitute (1) your voluntary authorization to receiving care by Healthcare Providers as may in their professional judgment be necessary; (2) your acknowledgement that no guarantees have been made as to the effect of such treatment; (3) your understanding that you have the right to refuse any treatment and discuss any treatments with Healthcare Providers; and (4) your understanding that you are responsible for payment for such treatment and Clinical Services.
Prescription Policy. Neither Klarity Wellness or a Klarity Wellness Provider shall endorse any specific medication, pharmacy, or pharmacologic product. Klarity Wellness Providers do not provide or prescribe any DEA controlled substances or scheduled medications. Klarity WellnessProviders reserve the right to deny care for actual or potential misuse of the Services.
Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
Privacy. Please refer to our Privacy Policy and Notice of Privacy Practices for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
Changes to Terms. We may update the Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services?
1. Eligibility.
  You may use the Services only if you are 18 years or older and capable of forming a binding contract with Klarity Wellness
2. Registration and Your Information.
  If you want to use certain features of the Services you’ll have to create an account (“Account”) via the Site.
3. Accuracy of Account Information.
  It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
4. Minors. If you are establishing services, and as a parent or legal guardian of a minor, such minor will be treated as a client hereunder and you will be responsible for their adherence to this Agreement. Klarity Wellness shall not serve as and should not be considered a replacement for a primary care physician/pediatrician with respect to any minor. Any client under the age of 18 must have a separate primary care pediatrician of record who is responsible for urgent care, vaccinations, and all routine pediatric health care services.
Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at care@klaritywell.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Payment. Klarity Wellness requires payment of a fee(s) for certain portions of the Services.
1. General.
  When you engage in services or owe certain Other Fees (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
2. Other Fees.
  You agree to pay all other fees and charges (including, for example, appointment no-show fees or late rescheduling fees) (“Other Fees”) associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published on the Site. By providing us with your Payment Information you authorize us to bill and charge you with the Payment Information and you agree to maintain valid Payment Information in your Account information.
No Insurance Accepted; Self-Payment Only. The services at Klarity Wellness are direct health care services; it is not health insurance. Also, Klarity Wellness does not participate in federal health care programs such as Medicare or Medicaid. Klarity Wellness Medical providers may recommend you receive services not offered by Klarity Wellness (e.g., specialty services, diagnostic tests), but in no event will Klarity Wellness be responsible for any medical bills that result from services not offered by Klarity Wellness, even if those services were recommended by Klarity Wellness. You are solely responsible for payment of all fees for Klarity Wellness services. Klarity Wellness takes no responsibility to understand or be bound by the terms and conditions of insurance. There is no guarantee your insurance company will make any payment to you to reimburse some or all of the cost of the services you have purchased through Klarity Wellness.
Use of Services.We invite you to use the Services for personal and non-commercial purposes. When you accept these Terms, we grant you a limited, personal, non-exclusive, non transferable, fully revocable license to access and use the Services as permitted under these Terms and any other agreements you may have entered into with us. You have no other rights in the Services or any materials or content available therein (the “Content”), and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Content in any manner. If you breach any of these Terms, the above license will terminate automatically.
Prohibited Uses.You agree not to use the Services for commercial or public purposes and/or to: a) violate any local, state, national or international law; b) stalk, harass or harm another individual; c) collect or store personal data about other users or persons; d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; f) attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means; and/or g) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
Intellectual Property. You hereby expressly acknowledge that Klarity Wellness or its licensors own all legal right, title and interest in the Services. Klarity Wellness reserves all rights not expressly granted in and to the Service. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, publication or other commercial use of any copyrighted material is strictly prohibited without our express written consent or the express written consent of the copyright owner or licensor.
Third Party Sites. The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Termination. You may terminate this Agreement, for any or no reason, at any time, upon notice to Klarity Wellness. Klarity Wellness may terminate, modify, restrict, or suspend your use of the Services, your Account, and/or your registration without notice for any reason at any time. You understand that termination of your agreement with Klarity Wellness and your Account will not entitle you to any refund and may involve deletion of your information and any content you uploaded using such Account.
Warranty Disclaimers.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
No Agency. Notwithstanding any term herein, the Healthcare Providers are not agents of Klarity Wellness, and you may not interpret any communications or transmissions to or from the Healthcare Providers to create an agency relationship and they may not be deemed at any time to be acting as an agent of Klarity Wellness.
Indemnity. You will indemnify and hold harmless Klarity Wellness and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, or (ii) your violation of these Terms.
Limitation of Liability. Klarity Wellness and its officers, employees, directors, subsidiaries, affiliates, agents, and licensors are neither responsible nor liable for any indirect, incidental, special, consequential, exemplary, punitive, or other damages whatsoever (including, but not limited to, damages for lost profits, goodwill, use, data, or other intangible losses) arising out of or related to your use of the Site, including any content or information contained therein or services related thereto, whether based on contract, tort, warranty, statute, or otherwise. Your sole remedy in the event of any problem with the Site is to stop using the Site.
To the maximum extent permitted by applicable law, the maximum liability of Klarity Wellness to you with respect to your use of the Services is the greater of $100 USD or the amount of fees you have paid for access to and use of the Site in the six-month period preceding the event, or events, giving rise to your claim.
Applicable Law. The validity, interpretation, construction, and performance of these Terms and any claim, cause of action or dispute arising out of, or related to, these Terms, and dispute resolution, shall be governed by the laws of the state of Missouri without giving effect to the principles of conflict of laws. Except for disputes subject to arbitration as described below, any disputes relating to these Terms of Use or the Services will be heard in the courts located in Saint Louis, Missouri.
Dispute Resolution; Arbitration Agreement We will try to work in good faith to resolve any issue you have with Site, including Services ordered or purchased through the Site, if you bring that issue to the attention of our client service department. Although, we realize that there may be rare cases where we may not be able to resolve an issue to a client’s satisfaction. You and Klarity Wellness agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Klarity Wellness are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Klarity Wellness. If you desire to assert a claim against Klarity Wellness, and you therefore elect to seek arbitration, you must first send to Klarity Wellness, by certified mail, a written notice of your claim ("Notice"). The Notice to Klarity Wellness should be addressed to: Attn: Kimberly Danielle, 16105 Swingley Ridge Road, #4132, Chesterfield, MO 63003 ("Notice Address"). If Klarity Wellness desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Klarity Wellness, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Klarity Wellness and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Klarity Wellness may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Klarity Wellness or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Mantra receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the laws of the state of Missouri, the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Klarity Wellness and you agree otherwise, any arbitration hearings will take place in Missouri (if you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Klarity Wellness last written settlement offer made before an arbitrator was selected (or if Klarity Wellness did not make a settlement offer before an arbitrator was selected), then Klarity Wellness will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. YOU AND KLARITY WELLNESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and KLARITY agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for St. Louis, Missouri.
Notices. Any notices or other communications provided by Klarity Wellness under these Terms, including those regarding modifications to these Terms, will be given via the Site or such other means as Klarity Wellness deems appropriate, such as by phone, in person or via email.
Electronic Communications. By using the Services, you consent to receiving electronic communications from Klarity Wellness. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with Klarity Wellness. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt out of receiving marketing communications from Klarity Wellness.
Indemnification. You agree to defend, indemnify, and hold harmless Klarity Wellness and Providers, and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Klarity Wellness or any Provider or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct. To the extent applicable, you will obtain Klarity Wellness prior written consent to any settlement or judgment in which you agree to any finding of fault of Klarity Wellness or defect in the Site or Services. Mantra will promptly notify you in writing of any claim subject to this indemnification, promptly provide you with the information reasonably required for the defense of the same and grant you exclusive control over its defense and settlement.
Waiver of Rights. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
Revisions: General. Klarity Wellness reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. Klarity Wellness reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Klarity Wellness and you pertaining to the subject matter hereof. In its sole discretion, Klarity Wellness may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
Copyright/Trademark Information. Copyright ©2022 Klarity Wellness. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks.
Contact Information. You may contact us at care@klaritywell.com, or via mail or courier at: Klarity Wellness, 16105 Swingley Ridge Rd., #4132, Chesterfield, MO 63006. If you have a question or complaint regarding the technology or Site, please contact us as described above.

Last Updated: September 23, 2022