Terms & Conditions

Please read these Terms and Conditions carefully before using our Service. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Definitions

• Company (“we,” “us,” “our”) means The Well—Whole Person Care PLLC, 28114 George Obrien San Antonio, TX 78260.

• Service means our website, application, programs, coaching, assessments, and related offerings.

• Subscription means access to the Service offered on a recurring-payment basis.

• Content means text, images, or other materials you post or submit.

Acknowledgment

These Terms govern your use of the Service and form the agreement between you and the Company. Your use of the Service is also conditioned on your acceptance of our Privacy Policy.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. The Company reserves the right to terminate the Service if this is discovered to be a misrepresentation.

Nature of the Service and Scope of Practice

Educational Purpose and Professional Relationship

The general content on this Website — including articles, assessments, scores, videos, and downloadable materials — is provided for educational and informational purposes. General website content does not by itself create a provider-patient relationship.

A provider-patient relationship is established only when you formally enroll in our services and complete the required intake and consent process. Where such a relationship exists, care is delivered by or under the supervision of a licensed healthcare professional within the scope of their license and applicable state law.

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you read on this Website. If you think you may have a medical emergency, call your doctor or 911 immediately.

Programs, Services, and Subscriptions

Purchases

If you purchase a program, service, or Subscription, you agree to provide accurate, current, and complete purchase information. You authorize us (and our payment processors) to charge your chosen payment method for the amounts due.

Subscription Billing

Subscriptions bill in advance on a recurring basis (for example, monthly) until cancelled. You may cancel your renewal through your account settings or by contacting us. Cancellation stops future renewals; it does not retroactively refund the current period unless required by law or stated in our refund policy.

Refunds

Our refund policy is: We offer a 14-day money-back period upon initial enrollment. Thereafter, fees for completed membership months are strictly non-refundable. If a patient terminates their contract mid-month, the cancellation takes effect at the end of the current billing cycle, and no prorated refunds are issued for unused days. Medical and clinical services are rendered on an "all sales final" basis once the service or procedure has been delivered. Refunds are not issued based on clinical outcomes or patient dissatisfaction with the medical advice provided. All administrative fees (such as medical record copying, form completion, and legal chart preparation) and third-party pass-through costs (such as outside laboratory processing or diagnostic imaging fees) are completely non-refundable once initiated. By purchasing, you agree to this policy.

Chargebacks

If you initiate a chargeback or payment dispute without first contacting us to resolve the issue, we reserve the right to suspend your access pending resolution.

Price Changes

We may revise prices at any time. Price changes do not affect orders already confirmed, and for Subscriptions we will give you reasonable notice before a change applies to your renewal.

User Accounts

You must provide accurate and current information and keep your password secure. You are responsible for activity under your account.

Your Content

You are responsible for Content you submit. By submitting Content, you grant us a non-exclusive license to use, store, and display it solely to operate and provide the Service. You may not submit Content that is unlawful, infringing, or offensive.

Community and User Conduct

We may offer access to an online community (for example, a free members’ group or forum). Participation is a privilege, not a right, and is subject to these Terms.

Acceptable Use

You agree not to use the community to:

• Post content that is unlawful, harassing, hateful, defamatory, or infringing.

• Share another member’s personal or health information without their consent.

• Spam, advertise, or solicit other members without our permission.

• Impersonate any person or misrepresent your affiliation or credentials.

Members Do Not Provide Medical Advice

Information shared by other members is peer experience, not professional advice. Content posted by members reflects their own views, not ours, and we do not endorse or verify it. Nothing shared in the community is a substitute for individualized care from a licensed professional.

Your Posts

You retain ownership of what you post, but you grant us a non-exclusive license to display and distribute it within the Service to operate the community. You are responsible for what you post.

Moderation and Removal

We may moderate, edit, or remove content and may suspend or remove any member at any time, with or without notice, to protect the community or comply with law.

Subscriber Channels

Some areas of the community — including any dedicated subscriber channel — are available only to members with an active, paid subscription in good standing. Access to these areas begins when your subscription starts and ends when your subscription ends, is cancelled, lapses for non-payment, or is terminated under these Terms.

If we suspend or remove you from a subscriber channel for violating these Terms, you are not entitled to a refund of any subscription fees. Loss of channel access due to your own cancellation or non-payment likewise does not create a refund right, except as required by law or stated in our refund policy.

A subscriber channel is a group space. Other subscribers can see what you post there. It is not a private or one-to-one space, and it is not confidential. Do not post anything — including personal or health information — that you are not comfortable sharing with other members.

Even within a paid subscriber channel, group discussion is general and educational. It supports, but does not replace, individualized care delivered to you privately within the scope of a licensed professional’s license. For anything specific to your situation, use your private, individualized channel of care rather than the group channel.

Testimonials and Health-Claims Disclaimer

Any testimonials, reviews, or success stories on this Website reflect the individual experiences of those persons and are not a guarantee that you, or anyone else, will achieve the same or similar results. Individual results vary based on many factors, and the experiences shared are not necessarily typical.

Where a testimonial mentions a health condition, diagnosis, or recovery, it describes that individual’s personal experience only. We do not claim, and you should not infer, that our Service diagnoses, treats, cures, prevents, or reverses any disease or medical condition, including cancer, hormonal disorders, or any other condition. Any care provided is delivered within the scope of a licensed professional’s license and is intended to support — not replace — the care of your other treating providers, including any oncology or specialist team.

Where shown, names may be changed for privacy, and stories are shared with written permission. Testimonials are not paid endorsements unless otherwise disclosed.

Use of Artificial Intelligence (AI) Disclosure

We want you to know clearly and up front that we use artificial intelligence (AI) and automated tools as part of our Service. This disclosure is provided to you at or before the time you interact with these tools.

What the AI does

We use AI-assisted software to help organize and interpret the health information you provide — such as your assessment answers, intake forms, and any lab results you choose to upload — and to help generate written reports, summaries, and educational materials. The AI helps surface patterns in your information so that your provider can review them more efficiently. Additionally, we use a technology called Ambient AI scribing to listen to and securely transcribe the conversation during your consultation to generate clinical draft notes.

A licensed human is always responsible

AI does not make clinical decisions and does not replace your provider. In absolute accordance with Texas Health & Safety Code § 183.005 and Texas Medical Board standards, every single note, recommendation, or piece of data processed or generated by an AI tool is thoroughly reviewed, edited, and approved by a live, licensed human clinician, who retains full responsibility for any clinical judgment, recommendation, or decision relating to your care. You may ask to speak with a human at any time, and you may request that a human review any AI-generated content about you.

AI is not a diagnosis

Reports and scores generated with the help of AI are informational and are intended to support — not substitute for — the professional judgment of your licensed provider. They are not a diagnosis on their own.

Data Privacy, HIPAA, and US-Based Storage

Your medical and personal information remains fully protected under federal HIPAA privacy regulations. All AI technologies used by our clinic operate under strict Business Associate Agreements (BAAs) that forbid the software vendors from sharing your data outside your care team or using it to train public models. Furthermore, consistent with Texas law, all electronic health records processed by our practice are securely stored on infrastructure located entirely within the United States.

Your choices

• You may ask, at any time, whether you are interacting with AI or with a human.

• You may request that a human review any report, score, or communication generated with AI assistance.

• You may decline AI-assisted processing; tell us and we will discuss available alternatives.

Questions about our use of AI can be sent to [email protected].

SMS / Text Message Terms

Our SMS program provides text messages for items such as appointment reminders, event notifications, links, account information, product details, marketing messages you opt into, help responses, and opt-in and opt-out confirmations.

Help and Support

If you experience issues with the messaging program, reply with the keyword “HELP” for assistance.

Carrier Liability

Carriers are not liable for delayed or undelivered messages.

Message and Data Rates

Message and data rates may apply for messages sent to you from us and to us from you. For questions about your plan, contact your wireless provider.

Consent and Compliance

When collecting phone numbers, we include consent language that informs recipients of the types of messages they will receive, the frequency, and how to opt out. We comply with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and applicable telecommunications regulations.

Data Privacy for Text Messaging

• No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.

• Text-messaging opt-in data and consent will not be shared with any third parties, except aggregators and providers of the text-message service.

• All text-messaging data is handled in accordance with our Privacy Policy.

Opt-Out

You can cancel the SMS service at any time by texting “STOP” to our number. We will send one confirmation, after which you will no longer receive messages. To rejoin, sign up again as you did initially.

Third-Party Links

The Service may link to third-party websites we do not control. We are not responsible for their content or practices.

Termination

We may suspend or terminate your access at any time for conduct that violates these Terms or is harmful to other users, us, or third parties.

Disclaimer of Warranties

The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, to the fullest extent permitted by law.

Limitation of Liability

To the maximum extent permitted by law, the Company’s total liability arising out of or relating to the Service is limited to the amount you paid to us in the twelve (12) months before the event giving rise to the claim.

Governing Law and Dispute Resolution

These Terms are governed by the laws of Texas, excluding its conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in Bexar County, Texas, unless you and we agree to arbitration.

Dispute Resolution and Binding Arbitration Agreement

1. Agreement to Arbitrate.
Any dispute, claim, or controversy arising out of, relating to, or in connection with the business, administrative, or financial aspects of this Agreement—including but not limited to billing practices, fee schedules, membership cancellations, refunds, collections, or the breach, termination, enforcement, interpretation, or validity of this contract—shall be determined by final, binding arbitration rather than in a court of law.

2. Strict Exclusion of Medical Malpractice and Healthcare Liability Claims.
The parties explicitly agree that this arbitration provision strictly excludes any and all claims of medical malpractice, professional negligence, clinical misdiagnosis, or healthcare liability as defined under Texas Civil Practice and Remedies Code Chapter 74. Any claims regarding the standard of clinical care provided, or injuries resulting from medical treatment, shall not be subject to arbitration under this agreement and must be pursued through separate legal channels.

3. Standard of Arbitration.
The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The venue for any such arbitration proceedings shall be Bexar County, Texas, unless both parties mutually agree in writing to a remote or virtual proceeding. The matter shall be heard before a single neutral arbitrator selected in accordance with AAA procedures.

4. Waiver of Jury Trial and Class Actions.
By executing this agreement, both the Patient and the Practice are knowingly and explicitly waiving their right to a trial by jury and their right to participate as a plaintiff or class member in any class, collective, or representative proceeding regarding business or financial disputes. The arbitrator may not consolidate more than one person's claims.

5. Costs and Confidentiality.
The parties shall share equally the administrative fees and arbitrator's fees, and each party shall bear its own legal counsel fees, unless the arbitrator determines a claim was brought frivolously or in bad faith. To the maximum extent permitted by Texas law, the entire arbitration proceeding, including all filings, testimony, and the final award, shall remain strictly confidential.

6. Governing Law.
This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, without regard to conflict of law principles. If any portion of this clause is deemed unenforceable, the remaining provisions shall remain in full force and effect.

Changes to These Terms

We may modify these Terms at any time. If you continue to use the Service after changes take effect, you agree to the revised Terms. If you do not agree, stop using the Service.

Contact Us

Questions about these Terms can be sent by email to: [email protected].