1nessAgency Terms of Service Effective Date: April 25, 2025

Welcome to 1nessAgency.com ("Site"). This website is operated by 1ness Strategies LLC, a New York limited liability company ("1nessAgency," "we," "us," or "our"). By accessing or using our Site and services, including those provided to mental health and healthcare practitioners, you agree to be bound by these Terms of Service ("Terms").

Notice: We offer telehealth services exclusively to individuals located in the State of New York.

Telehealth Disclaimer – State of New York

Telehealth services are available only to individuals who are physically located in the State of New York at the time of the appointment. By scheduling or participating in a telehealth session, you confirm that you are located in New York during the consultation. Services cannot be provided to individuals located outside of New York. Telehealth is delivered by New York–licensed clinicians in accordance with state regulations. Some conditions may require an in-person evaluation and cannot be treated solely through telehealth.

New York Telehealth Informed Consent

By using our telehealth services, you acknowledge and agree to the following: You are physically present in New York State during the telehealth session; telehealth is provided by New York–licensed clinicians; medical information may be shared electronically for evaluation and treatment; the clinician will determine whether your condition is appropriate for telehealth; certain conditions may require in-person follow-up or examination; you may request an in-person visit at any time; your privacy is protected under HIPAA and New York State law; technology issues may occur, and outcomes depend on the accuracy of the information you provide. By continuing, you consent to the use of telehealth for your care.

Prescribing Disclaimer – State of New York

Medications may be prescribed after a telehealth consultation only when legally permitted and clinically appropriate. All prescribing must comply with New York State law and federal regulations. The patient must be physically located in New York at the time of the consultation; the prescribing clinician must hold an active New York license; a valid patient-provider relationship must be established; only medications appropriate for remote prescribing may be issued; some medications, including certain controlled substances, may require an in-person examination; all prescriptions are sent directly to a licensed pharmacy of the patient’s choosing; we do not dispense, deliver, or fulfill medications.

Not for Emergency Use Disclaimer

Telehealth services are not appropriate for medical or psychiatric emergencies. If you are experiencing an emergency or feel you may be a danger to yourself or others, call 911 or go to the nearest emergency room immediately. Do not use telehealth services for emergency care.

HIPAA Privacy Disclaimer

We protect your health information in compliance with HIPAA and New York State privacy laws. Any information shared during telehealth sessions is encrypted, securely stored, and used only for treatment, payment, or healthcare operations. We do not share your information with third parties without your consent unless required by law. For more information, please review our full Notice of Privacy Practices.

1. Permitted Use You agree to use the Site only for lawful purposes and in compliance with all applicable local, state, and federal laws, including HIPAA (Health Insurance Portability and Accountability Act of 1996), New York State laws governing healthcare communications, and NYC consumer protection laws.

2. Professional Compliance If you are a healthcare provider using our services, you agree that you are solely responsible for compliance with healthcare-specific laws and regulations, including but not limited to:

• HIPAA Privacy and Security Rules

• The New York State Office of Mental Health regulations

• The NYC Health Code and Department of Consumer and Worker Protection rules

3. Data Privacy and Confidentiality We do not collect, store, or process Protected Health Information (PHI) unless expressly contracted to do so under a signed Business Associate Agreement (BAA) compliant with HIPAA. If PHI is collected in violation of these terms, you are solely liable.

4. Intellectual Property All content on this Site, including branding, designs, text, and code, is the intellectual property of 1nessAgency or its licensors. Unauthorized reproduction or modification is prohibited.

5. Disclaimer of Warranty Our Site and services are provided "as is" without warranties of any kind. While we strive for accuracy and security, we do not guarantee error-free performance or uninterrupted access.

6. Limitation of Liability To the maximum extent allowed under New York and federal law, 1nessAgency shall not be liable for any damages resulting from your use of the Site or services, including indirect or consequential damages.

7. Governing Law and Jurisdiction These Terms are governed by the laws of the State of New York. Any legal actions must be filed in the courts located in New York County, New York.

8. Amendments We reserve the right to modify these Terms at any time. Your continued use of the Site after any changes indicates your acceptance of the revised Terms.

Contact Us: If you have questions about these Terms or Privacy practices.