Green Mind Mental Health Services Corp. (Company, we or us) owns and operates the website located at https://greenmindmhs.ca (the Website) through which we offer information about our mental health services and provide access to our client portal and online resources (collectively, the Service). These Terms of Use (Terms) govern your use of the Website and Service, as well as the provision of mental health services including psychotherapy and counseling (Clinical Services). These Terms apply to all users of the Website and Service and all clients who receive Clinical Services (Users or Clients).

PLEASE NOTE THAT THESE TERMS CONTAIN IMPORTANT RESTRICTIONS AND LIMITATIONS,
INCLUDING PROVISIONS REGARDING THE THERAPEUTIC RELATIONSHIP, CONFIDENTIALITY,
CONSENT, AND DISPUTE RESOLUTION. PLEASE READ THEM CAREFULLY BEFORE USING THE
WEBSITE, SERVICE, OR RECEIVING CLINICAL SERVICES. By selecting or clicking the Accept button, you hereby signify that you have read, understood, and agree to be bound by these Terms as they relate to your use of the Website and Service. Acceptance of these Terms does not constitute consent to Clinical Services, which requires separate informed consent documentation. Merely accessing the Website or Service does not constitute acceptance of these Terms. We may make changes to these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on the Website and by email at least 30 days before the changes take effect. Your continued use of the Service or Clinical Services after the effective date of the changes will constitute your
acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Service and may terminate the therapeutic relationship in accordance with Section 3.6.

1. NATURE OF SERVICES

1.1. Services and Scope of Website. The Company provides mental health services including psychotherapy, counseling, psychological assessments, and related services (“Therapy Services”). Our practitioners are registered with the College of Registered Psychotherapists of Ontario (CRPO) and adhere to CRPO standards of practice and the Canadian Counselling and Psychotherapy Association (CCPA) Code of Ethics. THE WEBSITE AND SERVICE ARE PROVIDED FOR INFORMATIONAL PURPOSES AND TO FACILITATE THE DELIVERY OF CLINICAL SERVICES. INFORMATION PROVIDED ON THE WEBSITE IS NOT A SUBSTITUTE FOR PROFESSIONAL MENTAL HEALTH SERVICES OR MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PROVISION OF CLINICAL SERVICES. THE WEBSITE DOES NOT CREATE A THERAPEUTIC RELATIONSHIP. A THERAPEUTIC RELATIONSHIP IS ESTABLISHED ONLY WHEN YOU: (1) COMPLETE AN INTAKE ASSESSMENT; (2) RECEIVE AND REVIEW INFORMED CONSENT DOCUMENTATION (INCLUDING COMPANY INFORMED CONSENT INTAKE FORMS (DEFINED BELOW) AND A CLIENT SERVICES AGREEMENT (DEFINED BELOW); (3) HAVE AN OPPORTUNITY TO ASK QUESTIONS; AND (4) PROVIDE WRITTEN INFORMED CONSENT TO TREATMENT BY ENTERING INTOOUR FORMAL CLIENT SERVICES AGREEMENT (DEFINED BELOW). The Website may provide educational content, blog posts, and general information about mental health topics. Such content is for informational purposes only and does not constitute professional advice, diagnosis, or treatment.
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1.2. Important Notes. As provided in these Terms, at any time you wish to seek our Therapy Services (subject to the completion of applicable informed consent forms (“Informed Consent Intake Forms”) and other procedural requirements discussed with you prior to your intake, you acknowledge and agree that:

• YOU HAVE ACCEPTED THESE TERMS OF SERVICE;

• ANY BOOKED THERAPY SERVICES SESSIONS CANCELLED WITHOUT ADEQUATE NOTICE
  IN ACCORDANCE WITH OUR CANCELLATION POLICY SET OUT IN SECTION 8.4 BELOW, OR
  IN THE CASE OF NO SHOWS, MAY BE SUBJECT TO CANCELLATION FEES AS SET OUT IN
  YOUR CLIENT SERVICES AGREEMENT AND SECTION 8.4;

• YOU UNDERSTAND AND CONSENT FULLY THE NATURE AND LIMITS OF THE THERAPY
  SERVICES AND SUCH LIMITS TIED TO CONFIDENTIALITY (AS FURTHER SET OUT IN THESE
  TERMS); AND

• YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT A CRISIS SERVICE
  PROVIDER, AND IF YOU ARE EXPERIENCING A MENTAL HEALTH EMERGENCY, PLEASE
  CALL 911, THE CRISIS LINE AT 1-833-456-4566, OR VISIT TO YOUR NEAREST EMERGENCY
  DEPARTMENT IMMEDIATELY.

1.3. Informed Consent Intake Forms. Our Informed Consent Intake Forms are powered by the Jane App. By clicking, viewing, or completing these Informed Consent Intake Forms, you acknowledge and agree to the terms and conditions set out in Section 12 of these Terms (Third Party Applications). Additionally, you will be required to review and sign the Client Services Agreement (“Client Services Agreement”). The Client Services Agreement shall constitute a separate agreement from these Terms and shall not be read together as one and the
same document.

2. CONDITIONS OF USE

2.1 Legal Compliance. It is your sole responsibility to ensure that you comply with all applicable laws and regulations in respect of your use of the Service and Clinical Services. By accessing the Service, you represent and warrant that you are in compliance with all applicable laws and regulations.
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2.2 Age and Capacity. You represent and warrant that you are at least 18 years of age. If you are a minor (under 18 years of age), you may only access the Service and receive Clinical Services if: (a) you have obtained the express written consent of your parent or legal guardian to these Terms and to the provision of Clinical Services; (b) your capacity to consent to treatment has been assessed and documented in accordance with the Health Care Consent Act, 1996 (Ontario) and applicable professional standards; and (c) appropriate consent has been obtained from your parent or legal guardian or, if you are found capable, from you directly, in accordance with the Health Care Consent Act, 1996. Minors may not create accounts or accept these Terms without parental/guardian involvement.
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2.3 Authority. If you access or use the Service on behalf of a minor, dependent, or other third party, you represent and warrant to Company that you have the legal authority to bind such party and enter into these Terms and provide consent for Clinical Services on their behalf.
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2.4 Privacy. Your use of the Website and Service requires the Company to collect and use certain personal information and personal health information (PHI), which is governed by our Privacy Policy, which can be viewed at: PRIVACY POLICY. The Privacy Policy is incorporated into these Terms by reference. By accepting these Terms, you acknowledge that you have read and understood the Privacy Policy.

3. THERAPEUTIC RELATIONSHIP AND CLINICAL SERVICES

3.1 Establishment of Therapeutic Relationship. A therapeutic relationship is established only when you complete an intake assessment with one of our practitioners and enter into a formal agreement to receive Clinical Services. The therapeutic relationship is governed by these Terms, our Privacy Policy, any written treatment agreement or informed consent forms, and applicable professional and legal standards.
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3.2 Informed Consent. Prior to commencing Clinical Services, you will be provided with information about the nature of the services, the qualifications of your practitioner, the risks and benefits of treatment, alternatives to treatment, confidentiality and its limits, fees, cancellation policies, and your rights as a client. Your consent to treatment will be obtained in accordance with the Health Care Consent Act, 1996 and CRPO standards.
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3.3 Scope of Services. Clinical Services are provided within the scope of practice of registered psychotherapists and in accordance with CRPO standards. We do not provide emergency services or crisis intervention through the Website or Service. If you are experiencing a mental health emergency, you must contact emergency services immediately.
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3.4 No Guarantee of Outcomes. You acknowledge and agree that psychotherapy and mental health treatment involve complex processes and that we cannot guarantee any specific results or outcomes from Clinical Services. The effectiveness of treatment depends on many factors, including your active participation, personal circumstances, and the nature of your concerns.
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3.5 Telehealth Services. We may offer Clinical Services through secure video conferencing, telephone, or other remote means ("Telehealth Services"). By consenting to Telehealth Services, you acknowledge and agree that:

• Telehealth Services have potential risks including technical difficulties, interruptions in service, and limitations in the practitioner's ability to observe non-verbal cues;

• You are responsible for ensuring you have appropriate technology, a private location, and a secure internet connection for Telehealth Services;

• You will be physically located in Ontario during Telehealth sessions, as our practitioners are only licensed to provide services in Ontario;

• No method of electronic transmission is completely secure, and while we implement reasonable security measures, there is a risk of unauthorized access or disclosure; and

• You assume all risks associated with technical difficulties or interruptions that may affect Telehealth Services.

3.6 Termination of Therapeutic Relationship. Either you or your practitioner may terminate the therapeutic relationship at any time. Your practitioner may terminate the relationship if, in their professional judgment, you would be better served by another provider, if there is a conflict of interest, if you fail to comply with treatment recommendations, if you fail to pay fees, or for other clinically appropriate reasons. We will provide you with appropriate referrals when terminating services, except in cases where you terminate services against professional advice. Upon termination, we will retain your clinical records in accordance with legal and professional requirements.

4. CONFIDENTIALITY AND PRIVACY

4.1 Commitment to Confidentiality. As a health information custodian under the Personal Health Information Protection Act, 2004 (PHIPA), we are committed to maintaining the confidentiality of your PHI in accordance with PHIPA, CRPO standards, and the CCPA Code of Ethics.
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4.2 Collection and Use of PHI. We collect, use, and disclose your PHI only: (a) With your express or implied consent for the purpose of providing Clinical Services; (b) For purposes permitted under PHIPA without consent (such as to obtain payment, for risk management, to comply with legal obligations, or where required by law); or (c) In accordance with professional standards established by the CRPO and the CCPA Code of Ethics.
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4.3 Limits on Confidentiality. You acknowledge and agree that confidentiality is not absolute and that we may be required or permitted to disclose your PHI without your consent in the following limited circumstances:

• Where required or permitted by law (such as in response to a court order or subpoena);

• To report suspected child abuse or neglect as required under the Child, Youth and Family Services Act, 2017;

• Where necessary to eliminate or reduce a significant risk of serious bodily harm to you or another person;

• To obtain payment for services provided;

• For risk management or quality assurance purposes;

• To contact a substitute decision-maker or person in your family to provide information about your care;

• For the purpose of consulting with other health care providers involved in your treatment; or

• As otherwise permitted under PHIPA sections 29, 37-49.

When we disclose PHI without consent, we will disclose only the minimum amount of information necessary for the purpose and will document the disclosure in accordance with PHIPA requirements.
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4.4 Professional Judgment. You acknowledge that decisions regarding when to breach confidentiality involve complex professional judgments made under potentially time-sensitive circumstances, and that we shall not be liable for any disclosure made in good faith in accordance with professional standards and legal obligations.
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4.5 No Third-Party Beneficiaries. Our duty of confidentiality does not create any third-party beneficiary rights.

5. LICENSE TO USE THE SERVICE & RESTRICTIONS

5.1 Limited License. Subject to these Terms, Company grants you a limited, personal, non-exclusive, non- transferable, non-sublicensable license to access and use the Service for your personal use in connection with receiving or learning about Clinical Services. Your right to use the Service is limited by all terms and conditions set forth in these Terms.

5.2 Intellectual Property. Except for this limited license granted to you, we and our licensors retain all right, title, and interest in and to the Service, Website, and all content, including all related intellectual property rights. The Service is protected by applicable intellectual property laws, including Canadian copyright law, trademark law,and international treaties.
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5.3 Restrictions. You shall not (and shall not allow any third party to):

• Modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Service;

• Sell, rent, lend, transfer, distribute, license, or grant any rights in the Service to any third party;

• Remove any proprietary notices, labels, or marks from the Service;

• Copy any ideas, features, functions, or graphics of the Service;

• Use the Service for any commercial purpose without our prior written consent;

• Use automated means (such as bots or scrapers) to access or collect data from the Service.

6. ACCEPTABLE USE

6.1 You shall not use the Service:

• In any way that breaches any applicable local, provincial, or federal law or regulation;

• In any way that is unlawful, fraudulent, or harmful;

• To transmit any unsolicited or unauthorized advertising, promotional material, or spam;

• To knowingly transmit any viruses, malware, or other harmful code;

• To upload any illegal, threatening, defamatory, obscene, or otherwise objectionable content;

• To impersonate any person or entity or misrepresent your affiliation with any person or entity;

• To interfere with or disrupt the Service or servers or networks connected to the Service;

• To attempt to gain unauthorized access to any portion of the Service, other accounts, or any systems or networks connected to the Service.

7. ACCOUNTS & SECURITY

7.1 Account Creation. To access certain features of the Service, including the client portal, you may be required to create an account (if applicable). You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
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7.2 Account Security. You are responsible for safeguarding the password and credentials that you use to access the Service. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these security requirements.
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7.3 Account Termination. We reserve the right to suspend or terminate your account if you violate these Terms or for any other reason in our sole discretion.

8. FEES AND PAYMENT

8.1 Professional Fees. Fees for Clinical Services will be communicated to you prior to commencing services and may be set forth in a separate fee agreement or informed consent document. Unless otherwise stated, fees are quoted and payable in Canadian dollars.
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8.2 Payment Terms. Payment for Clinical Services is due at the time services are rendered unless other arrangements have been made in advance. We accept Visa and MasterCard. You are responsible for ensuring that we have current and valid payment information.
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8.3 Insurance. If you are using insurance to pay for Clinical Services, you are responsible for verifying your coverage and any limitations. You remain ultimately responsible for all fees, including any amounts not covered by insurance.
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8.4 Cancellations and No-Shows. We require at least twenty-four (24) hours' notice to cancel or reschedule an appointment. Late cancellations or no-shows will be charged in full, or else, subject to a cancellation fee on acase-by-case basis (for unanticipated emergencies) and as may be communicated in your fee agreement or intake paperwork.
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8.5 Non-Refundable. Fees paid for Clinical Services are non-refundable, except as may be required by law.
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8.6 Taxes. Unless otherwise stated, fees for Clinical Services do not include any direct or indirect provincial, federal, or other taxes, levies, or similar governmental assessments (collectively, Taxes). You are responsible for paying all applicable Taxes associated with Clinical Services. If the Company has the legal obligation to collect Taxes, the appropriate amount shall be added to your invoice.
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8.7 Delinquent Accounts. If your account becomes delinquent, we reserve the right to suspend or terminate Clinical Services. We may refer delinquent accounts to a collection agency or pursue other legal remedies. You agree to pay all costs of collection, including reasonable attorneys' fees.

9. CLIENT RESPONSIBILITIES

9.1 Active Participation. You acknowledge that successful psychotherapy requires your active participation, honesty, and commitment to the therapeutic process. You agree to:

• Attend scheduled appointments or provide adequate notice of cancellation;

• Provide accurate and complete information to your practitioner;

• Engage in good faith with treatment recommendations;

• Communicate openly with your practitioner about your concerns, symptoms, and progress;

• Inform your practitioner of any medications, substances, or other treatments you are receiving.

9.2 Emergency Situations. You acknowledge that the Service and Clinical Services are not designed to provide emergency or crisis intervention services. In the event of a mental health emergency, you agree to contact emergency services (911), go to the nearest emergency department, or contact a crisis line immediately.
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9.3 Other Health Care Providers. You agree to inform us of any other health care providers involved in your care and to authorize us to communicate with them as appropriate for your treatment, in accordance with your consent.
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9.4 Changes in Status. You agree to promptly notify us of any significant changes in your mental health status, living situation, contact information, or ability to participate in treatment.

10. USER CONTENT

10.1 License Grant. By submitting, posting, or communicating any information, content, or materials to us through the Service (User Content), you grant the Company a limited, non-exclusive, non-transferable license to use, store, process, and transmit such User Content solely for the purpose of providing Clinical Services and maintaining your clinical records in accordance with our Privacy Policy and legal obligations. This license shall terminate upon the conclusion of the retention period specified in Section 16.2, except as required for legal or regulatory compliance.
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10.2 PHI Distinction. User Content that constitutes PHI will be handled in accordance with PHIPA, our Privacy Policy, and professional standards. We will not use your PHI for any purpose other than providing Clinical Services and related administrative functions without your explicit consent.
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10.3 Aggregated Data. You grant to Company a non-exclusive, worldwide, royalty-free, perpetual right to use anonymized and aggregated data derived from the provision of Clinical Services for research, quality improvement, training, and other lawful professional purposes, provided that: (a) such data cannot be used to identify you personally and meets applicable standards for de-identification under PHIPA; (b) the Company maintains appropriate safeguards to prevent re-identification; and (c) you may withdraw this consent at any time for future data collection, though previously collected anonymized data may continue to be used.
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10.4 Representations and Warranties. You represent and warrant that you have all rights necessary to provide any User Content to us and that your User Content does not violate any third-party rights or applicable laws.

11. FEEDBACK

11.1 We welcome your feedback, suggestions, and comments about the Service (Feedback). If you provide us with Feedback, you agree that:

• We are not subject to any confidentiality obligations in respect to the Feedback;

• The Feedback is not confidential or proprietary information belonging to you or any third party;

• Company may use Feedback in accordance with applicable privacy laws and professional standards, subject to any restrictions required by law or professional ethics; and

• You are not entitled to receive any compensation or reimbursement of any kind in respect of Feedback, except where required by law.

12. THIRD PARTY APPLICATIONS

The Company utilizes third-party applications, including the Jane App, a practice management software for health care providers available at https://jane.app/ , which we employ for facilitating client intake processes and receiving payments. Jane App is integrated with Stripe for payment processing. While we strive to ensure a seamless experience, the use of third-party applications is governed by their respective terms and policies, and we do not endorse or assume responsibility for their operations, security, or practices.

Acknowledgment of Risks. You acknowledge and agree that the Company utilizes third-party applications, including the Jane App, to facilitate the management of Clinical Services, such as the completion of online client intake forms and the processing of payments. The Jane App integrates with Stripe for payment processing. The Company conducts due diligence in selecting third-party service providers and requires that such providers maintain appropriate security measures and comply with applicable privacy laws. While the Company takes reasonable measures to ensure the secure use of these third-party services, you understand that the Company does not control
the day-to-day operations of these third-party applications. The Company makes representations that it has entered into appropriate agreements with third-party service providers to protect your PHI in accordance with PHIPA requirements. By using the Jane App and any associated services, you acknowledge that risks exist associated with the use of such third-party applications, including but not limited to potential breaches of data security and unauthorized access to your information. The Company maintains appropriate safeguards and will comply with its obligations under PHIPA in the event of any breach, including providing timely notice as required by law.

Limitation of Liability. To the maximum extent permitted by applicable law, the Company shall not be liable for damages, losses, or liabilities arising from third-party applications' inherent defects or failures, including the Jane App, except where such damages result from the Company's negligence or breach of duty in selecting, implementing, monitoring, or overseeing such applications, or from the Company's breach of its obligations under PHIPA or other applicable laws. Your use of third-party applications is at your own risk, and you agree to comply with all terms and conditions provided by the service provider of such applications.

Indemnification. You agree to indemnify and hold the Company harmless from any claims, demands, liabilities, or expenses, including reasonable attorneys' fees, arising from your misuse of third-party applications, including the Jane App, or your breach of any terms and conditions associated with such applications, except to the extent such claims arise from the Company's negligence, breach of duty, or failure to comply with its obligations under PHIPA
or other applicable laws.

13. DISCLAIMER OF WARRANTIES

13.1 THE WEBSITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE WEBSITE AND SERVICE IS AT YOUR OWN RISK. THE WEBSITE AND SERVICE ARE PROVIDED ON AN AS IS AND AS AVAILABLE; BASIS WITH RESPECT TO TECHNICAL FUNCTIONALITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
WEBSITE AND SERVICE ARE PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY
KIND WITH RESPECT TO TECHNICAL PERFORMANCE, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS SECTION DOES NOT DISCLAIM THE COMPANY'S PROFESSIONAL OBLIGATIONS OR STANDARDS OF CARE WITH RESPECT TO CLINICAL SERVICES. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT:

• THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;

• THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION,
  UNINTERRUPTED, SECURE, OR ERROR-FREE;

• ANY DEFECTS OR ERRORS WILL BE CORRECTED;

• THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND

• THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE.

13.2 CLINICAL SERVICES DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT:

• PSYCHOTHERAPY AND MENTAL HEALTH TREATMENT ARE NOT EXACT SCIENCES AND
  THAT NO SPECIFIC RESULTS CAN BE GUARANTEED;

• TREATMENT MAY INVOLVE DISCUSSING UNCOMFORTABLE OR DISTRESSING TOPICS AND
  MAY TEMPORARILY INCREASE EMOTIONAL DISTRESS;

• DECISIONS REGARDING YOUR TREATMENT INVOLVE PROFESSIONAL CLINICAL JUDGMENT AND THAT DIFFERENT PRACTITIONERS MAY HAVE DIFFERENT PROFESSIONAL OPINIONS;

• YOU HAVE THE RIGHT TO SEEK A SECOND OPINION OR ALTERNATIVE TREATMENT AT
  ANY TIME; AND

• WE DO NOT GUARANTEE THAT CLINICAL SERVICES WILL PREVENT DETERIORATION OF
  YOUR CONDITION, HOSPITALIZATION, SELF-HARM, OR OTHER ADVERSE OUTCOMES.

14. LIMITATION OF LIABILITY

14.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• SUBJECT TO APPLICABLE LAW AND EXCEPT FOR LIABILITY THAT CANNOT BE LIMITED
  OR EXCLUDED, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS,
  EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
  CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION
  DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES,
  THAT RESULT FROM:

  1. YOUR USE OF, OR INABILITY TO USE, THE SERVICE;

  2. ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE;

  3. ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

  4. ANY ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICE; OR

  5. ANY PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE.

• COMPANY ASSUMES NO LIABILITY FOR:

  1. DECISIONS YOU MAKE BASED ON INFORMATION PROVIDED THROUGH THE
     SERVICE;

  2. YOUR FAILURE TO SEEK EMERGENCY SERVICES WHEN APPROPRIATE;

  3. ACTIONS YOU TAKE OR FAIL TO TAKE OUTSIDE OF SCHEDULED CLINICAL
     SESSIONS;

  4. TECHNICAL DIFFICULTIES, INTERRUPTIONS, OR FAILURES IN TELEHEALTH
     SERVICES;

  5. UNAUTHORIZED ACCESS TO YOUR INFORMATION DESPITE OUR REASONABLE
     SECURITY MEASURES; OR

  6. YOUR FAILURE TO COMPLY WITH TREATMENT RECOMMENDATIONS.

• IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES,
  AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO COMPANY FOR CLINICAL
  SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

• SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
  CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY
  SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IMPORTANT: NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY FOR GROSS
NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW, INCLUDING LIABILITY UNDER PROFESSIONAL NEGLIGENCE OR
MALPRACTICE CLAIMS THAT CANNOT BE LIMITED BY CONTRACT.

15. INDEMNIFICATION

15.1 You agree to defend, indemnify, and hold Company, its affiliates, directors, officers, employees, practitioners, agents, and licensors harmless from any claim, demand, liability, loss, damage, or expense (including reasonable attorneys' fees) made by a third party relating to or arising from:

• Your use of the Service;

• Your violation of these Terms;

• Your violation of any rights of another person or entity;

• Your violation of any applicable law or regulation;

• Any User Content you provide;

• Your failure to obtain necessary consents or authorizations;

• Any breach of any representation or warranty made by you in these Terms.

This obligation shall survive the termination or expiration of these Terms and/or your use of the Service.

16. RECORDS AND RECORD RETENTION

16.1 Clinical Records. We maintain clinical records of all Clinical Services provided to you in accordance with PHIPA, CRPO standards, and applicable laws. Your clinical records may include intake information, assessment results, treatment plans, progress notes, correspondence, and any other information relevant to your care.
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16.2 Retention Period. We will retain your clinical records for a minimum of ten (10) years following the last date of service, or longer if required by law or professional standards. For clients who were minors at the time of service, records will be retained until at least ten (10) years after the client reaches the age of majority, or longer if required by law.
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16.3 Access to Records. You have the right to access your clinical records in accordance with PHIPA. Requests for access must be made in writing and may be subject to reasonable fees for copying and administration. We will respond to your request within the timeframe required by PHIPA (generally thirty (30) days, with possible extension).
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16.4 Correction of Records. You have the right to request correction of any errors or omissions in your clinical records. We will review your request and, if appropriate, make corrections in accordance with professional standards and PHIPA requirements.
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16.5 Limits on Access. In certain limited circumstances, we may deny or limit access to your clinical records as permitted by PHIPA, such as where disclosure could reasonably be expected to result in serious harm to you or another person, or where the record contains information about another individual.

17. TERM AND TERMINATION

17.1 Term. These Terms commence upon your first access to or use of the Website or Service or upon
commencement of Clinical Services, whichever is earlier, and will remain effective until terminated in
accordance with this section.
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17.2 Termination by You. You may terminate these Terms at any time by:

• Ceasing all use of the Website and Service;

• Closing your account (if applicable); and

• If you are receiving Clinical Services, providing written notice of termination to your practitioner.

17.3 Termination by Company. We may terminate or suspend your access to the Website or Service immediately,
without prior notice or liability, for any reason, including without limitation if:

• You breach these Terms;

• You fail to pay fees when due;

• Your practitioner determines in their professional judgment that termination is clinically appropriate;

• You engage in threatening, abusive, or inappropriate behavior toward our staff or practitioners;

• We are required to terminate by law or regulatory authority.

17.4 Effect of Termination. Upon termination:

• Your right to access and use the Service will immediately cease;

• You remain responsible for any outstanding fees;

• We will retain your clinical records in accordance with legal and professional requirements;

• The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to sections regarding confidentiality, liability limitations, indemnification, and governing law.

17.5 No Abandonment. Termination of these Terms or the therapeutic relationship does not constitute
abandonment. We will provide you with appropriate referrals and transition support when clinically indicated.

18. RELATIONSHIP OF THE PARTIES

The relationship between you and Company is that of client and health care provider with respect to Clinical Services, and user and service provider with respect to the Website and Service. These Terms do not create a partnership, joint venture, employment, or agency relationship between you and Company. You acknowledge that individual practitioners may be independent contractors or employees of Company, but in either case, Company is responsible for the provision of Clinical Services.

19. ASSIGNMENT

You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms or any rights or obligations hereunder at any time without your consent, provided that any transfer of your PHI is conducted in accordance with PHIPA requirements and our Privacy Policy. Any attempted assignment in violation of this section shall be void.

20. NO THIRD-PARTY BENEFICIARIES

These Terms are for the sole benefit of you and Company. There are no third-party beneficiaries to these Terms. Nothing in these Terms shall be construed to create any rights or remedies in any third party, including any family member, friend, or other health care provider.

21. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the courts of Ontario for any legal action or proceeding arising out of or relating to these Terms, the Service, or Clinical Services. The parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.

22. DISPUTE RESOLUTION

22.1 Informal Resolution. In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Service (a "Dispute"), the parties agree to first attempt to resolve the Dispute informally by contacting us in writing and providing a detailed description of the Dispute. We will attempt to resolve the Dispute informally within thirty (30) days.
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22.2 Professional Complaints. You acknowledge that you have the right to file a complaint regarding the professional conduct of any practitioner with the College of Registered Psychotherapists of Ontario. Information about the complaints process is available at https://crpo.ca/complaints-reports/filing-a-complaint/.
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22.3 Legal Action. If a Dispute cannot be resolved informally or through the professional complaints process, either party may pursue legal action in accordance with Section 20 (Governing Law and Jurisdiction). Nothing in these Terms prevents either party from seeking equitable relief or emergency remedies from a court of competent jurisdiction.

22.4 Limitation Period. You agree that any claim or cause of action arising out of or relating to these Terms, the Service, or Clinical Services must be filed within one (1) year after the claim or cause of action arose, or such claim or cause of action shall be forever barred, except to the extent a longer limitation period is required by law.

23. EXPORT RESTRICTIONS

23.1 The Services and related information are subject to export and import restrictions to the extent applicable. By downloading, installing, or using the Services, Users represent and warrant that they are not located in, under the control of, nor are a national or resident of, any country to which the export of the Services or related information would be prohibited by applicable laws and regulations. User also represents and warrants that User is not an individual to whom the export of the Services or related information would be prohibited by applicable laws and regulations. User shall comply with all applicable export and import laws and regulations in connection with the Services and related information, and User shall comply with any local laws in User’s jurisdiction that may impact User’s right to export, import, or use the Services or related information. User represents and warrants that User has complied with any such applicable laws or regulations. The Services shall not be used for any purposes prohibited by applicable export laws, including, without limitation, nuclear,
chemical, or biological weapons proliferation. User shall be responsible for procuring all required permissions for any subsequent export, import, or use of the Services or related information.

24. ENTIRE AGREEMENT

24.1 These Terms, together with our Privacy Policy and any written treatment agreement, informed consent documents, or fee agreements you have signed, constitute the entire agreement between you and Company with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, proposals, or representations (whether written or oral) concerning the subject matter, except for any representations or agreements that cannot be waived or superseded under applicable healthcare or consumer protection laws. In the event of any conflict between these Terms and a separately executed written agreement for Clinical Services, the separately executed agreement shall prevail with respect to Clinical Services and any related matters addressed in that agreement, but these Terms shall continue to govern your use of the Website and Service to the extent they do not conflict with the separately executed agreement.

25. AMENDMENT

25.1 We reserve the right to amend these Terms at any time by posting the amended Terms on the Website, provided that any amendments affecting Clinical Services or your legal rights shall require your express consent. We will notify you of any changes by email to the address on file and by posting a notice on the Website at least thirty (30) days before the changes take effect. Your continued use of the Service or receipt of Clinical Services following such notification and the expiration of the thirty (30) day notice period constitutes
your acceptance of the amended Terms, except where express consent is required by law. If you do not agree to the amended Terms, you must notify us in writing within the thirty (30) day notice period, and you may cease using the Service. If you are receiving Clinical Services, you have the right to continue receiving Clinical Services under the previous Terms until the completion of your current course of treatment or for ninety (90) days, whichever is longer, to allow for appropriate clinical transition. You should discuss transition planning with your practitioner.

26. WAIVER

26.1 No failure or delay by Company in exercising any right, power, or remedy under these Terms shall operate as a waiver of any such right, power, or remedy. No waiver of any provision of these Terms shall be effective unless in writing and signed by Company. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise of that or any other right, power, or remedy.

28. NOTICES

28.1 All notices required or permitted under these Terms shall be in writing and shall be delivered by email (with confirmation of receipt), personal delivery, courier service with tracking, or registered mail to the addresses set forth below or to such other address as either party may designate in writing with at least thirty (30) calendar days' advance notice to the other party:

To Company:
‍
Green Mind Mental Health Services Corp.
594 Lumsden Drive., Newmarket, Ontario L3X 2B1
‍
To You:
‍
At the most recent email address and mailing address you have provided to us in writing in connection withyour account or Clinical Services. You are responsible for keeping your contact information current and accurate. Notice sent to your last known address on file shall be deemed effective even if you have not updated your contact information, provided that we have made reasonable efforts to contact you using all available contact information in our records.

28.2 Notices shall be deemed given (and any time periods shall commence):

• upon confirmation of receipt if sent by email, or if no confirmation is received and no delivery failure notification is received, five (5) business days after sending to the email address on file;

• upon personal delivery; or

• five (5) business days after being sent by registered mail, or upon actual receipt, whichever occurs first.

29. LANGUAGE

29.1 The parties acknowledge that they have expressly required that these Terms and all related documents be drafted in the English language. Les parties reconnaissent avoir expressément exigé que la présente convention et tous les documents connexes soient rédigés en langue anglaise.

30. HEADINGS

30.1 The section and subsection headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

31. ELECTRONIC SIGNATURES AND RECORDS

31.1 You consent to the use of electronic signatures, records, and disclosures in connection with these Terms and the Service, in accordance with applicable electronic transactions legislation. Your electronic acceptance of these Terms has the same legal effect as if you had physically signed a paper copy. You have the right to withdraw this consent at any time and receive paper copies by contacting us at the address provided in Section 32, though such withdrawal will not affect the validity of electronic records created prior to withdrawal. Upon withdrawal of consent, we will provide future communications in paper format at no additional charge to you. You also have the right to request and receive paper copies of any electronic records at any time, and we will provide such copies within ten (10) business days of your request.

32. CONTACT INFORMATION

32.1 If you have any questions about these Terms, please contact us at:
Green Mind Mental Health Services Corp.
1111 Davis Drive, Unit 235-23 Newmarket, ON, L3Y 9E5
Ghazaleh@greenmindmhs.ca

Last Updated: 26 January 2026