Terms of Service

Effective date: October 19, 2026.

1. Who we are

Empathiatry is the trade name of Empathiatry Nursing P.C., a California professional corporation ("Empathiatry," "we," "us"). Our address is 9984 Scripps Ranch Blvd Unit# 830
San Diego, CA 92131 . We provide telehealth psychiatric care: psychiatric evaluation, diagnosis, medication management, Therapy + Skills Support, and psychiatric follow-up. We provide care only by telehealth, only to adults 18 and older, and only to people located in a state where our clinicians are licensed at the time of the visit.

2. Accepting these terms

These terms apply when you use our website, join our waitlist, are referred to us, create a patient account, book a visit, or receive care from us. By doing any of these, you agree to these terms. If you do not agree, do not use our services.

3. Not for emergencies

Our services are not for emergencies. If you are in danger or think you may harm yourself or someone else, call 911 or go to the nearest emergency room. For a mental health crisis in the United States, call or text 988. Do not use our website, messages, forms or waitlist to report an emergency. We may not see them right away.

4. Joining the waitlist and referrals

Joining our waitlist or being referred to us does not make you our patient and does not guarantee an appointment. You become a patient only after we accept you, you complete intake, and you attend your first visit. To stay on the waitlist, you must agree to receive updates about your waitlist request. We may remove a request that is incomplete, duplicated, or outside the care we provide.

5. Eligibility

You must be 18 or older to use our services. You must give accurate information about your identity, your location, your insurance and your health. You must be physically located in a state where your clinician is licensed during each visit, and tell us if you are not.

6. Telehealth

Visits take place by secure video, and sometimes by phone where the law allows. Before your first visit you will be asked to review and accept our Telehealth and Informed Consent. Telehealth has limits. Your clinician may decide that telehealth is not appropriate for you and recommend in-person or other care.

7. Your account

You are responsible for keeping your sign-in details private and for activity on your account. Tell us right away if you think someone else has used it. Our patient portal runs on Parrot Assist, our electronic health record and practice management provider, which acts as our business associate.

8. Appointments, cancellations and no-shows

You can book, reschedule and cancel through your patient account. Our cancellation and no-show rules, and any fees, are shown when you book and in our Payment Policies. Arriving late may shorten or cancel your visit.

9. Insurance and payment

We accept insurance. You are responsible for giving us current insurance information and for copays, coinsurance, deductibles, and any charges your plan does not cover. If you choose to pay yourself, you will be told the price before your visit. Card payments are processed by our payment provider. We do not store your full card number.

If you are uninsured or choose not to use insurance, you have the right to a Good Faith Estimate of the expected charges for your care before your visit, under the federal No Surprises Act. If your bill is at least $400 more than your Good Faith Estimate, you can dispute it. For questions or more information, visit www.cms.gov/nosurprises.

Comprehensive assessments. Our ADHD, Autism, ADHD + Autism and Diagnostic Clarity assessments are self-pay services. They are not billed to insurance, and you pay the full price when you book. Each one reserves a long appointment for you. If you cancel more than 24 hours before your appointment, we refund the full price. If you cancel within 24 hours of your appointment, or do not attend, we keep a cancellation fee of 50% of the price and refund the rest. If you reschedule within 24 hours of your appointment, you pay the cancellation fee of 50% of the price, and the amount you already paid moves to your new appointment. Once your evaluation has taken place, the price is not refundable. If we cancel your appointment, we refund the full price. On request, we can give you a superbill to seek out-of-network reimbursement from your insurer; reimbursement is not guaranteed. A written report does not guarantee a particular diagnosis, prescription, accommodation, disability determination or reimbursement.

10. Prescriptions

Prescribing is a clinical decision made by your clinician. We do not guarantee that any medication will be prescribed or continued. Some medications, including controlled substances, have extra legal requirements that may limit what can be prescribed by telehealth.

11. Messages

Secure messages in your account are for non-urgent questions. We aim to reply within the time shown in your account. If you agree to text messages, you can reply STOP to stop them or HELP for help. Message and data rates may apply. Sign-in codes are never sent by text.

12. Acceptable use

Do not misuse our services. You may not: give false information or pretend to be someone else; use another person's account; try to reach information that is not yours; probe, scan or test our systems for weaknesses; interfere with the website or overload it; send viruses or other harmful code; use bots, scrapers or other automated tools to access or collect anything from our services; or harass, threaten or abuse our staff or other people. We may suspend or end access for misuse, and we may report unlawful conduct.

12a. Recording visits

Do not record any visit, call or message session, by audio, video or screenshot, without the written agreement of your clinician and everyone present. Several states, including California, require everyone's consent to record. We do not record visits unless you agree in a separate consent, which you can refuse or take back.

13. Our content

Our website, materials, educational content, questionnaires, videos, text, graphics, logos and software belong to Empathiatry Nursing P.C. or its licensors and are protected by copyright, trademark and other laws. Empathiatry, Before We Meet™ and Careprint™ are our trademarks.

You may view and print our content for your own personal, non-commercial use. Without our written permission, you may not: copy, reproduce, republish, sell, license or distribute it; use it for any commercial benefit, including in your own practice, course, product or service; change it or create works based on it; frame or mirror it; remove copyright or trademark notices; collect it with scrapers or other automated tools; or use it to train, test or improve any artificial intelligence or machine-learning system. You may not use our names or marks in a way that suggests we endorse you.

Educational content is general information. It is not medical advice for you, and it does not create a clinician–patient relationship.

14. Other services

Our website may link to services run by others. We are not responsible for their content or practices.

15. Ending care

You may stop care with us at any time. We may end care in line with professional and legal standards. When that happens, we will give reasonable notice and help with referrals, except where safety requires otherwise. Your records stay available to you as described in our Notice of Privacy Practices.

16. Disclaimers

We provide our website and digital services "as is." We do not promise that they will always be available or free of errors. Nothing in these terms limits a duty of care your clinician owes you under the law.

17. Limitation of liability

To the extent the law allows, Empathiatry is not liable for indirect, incidental, special, consequential or punitive damages, or for lost data or profits, arising from the website or digital services. To the extent the law allows, our total liability for claims about the website and digital services is limited to the greater of $100 or the amount you paid us for those digital services in the 12 months before the claim. This section does not limit liability for the professional care itself, or any liability the law does not allow us to limit.

18. Indemnity

You agree to defend, indemnify and hold harmless Empathiatry Nursing P.C. and its clinicians, staff and contractors from claims, losses and costs, including reasonable attorneys' fees, that arise from your breach of these terms, your misuse of our services or content, or your violation of another person's rights. This does not apply to the extent a claim arises from our own negligence or misconduct, or where the law does not allow it.

19. Copyright complaints

If you believe something on our website infringes your copyright, send a notice to admin@empathiatry.com with: your signature; a description of the work; where the material appears on our website; your contact details; a statement that you believe in good faith the use is not authorized; and a statement, under penalty of perjury, that your notice is accurate and that you own the copyright or may act for its owner. We may remove material and end the access of anyone who repeatedly infringes.

20. Feedback

If you send us ideas or suggestions about our services (not your health information), we may use them without paying you or owing you anything.

21. Governing law

These terms are governed by the laws of the State of California, except where the law of the state you are in during care requires otherwise.

22. Dispute resolution and arbitration

Please read this section carefully. It affects your rights.

Talk to us first. Before starting any claim, send a written description of the dispute and what you want to admin@empathiatry.com. We will try to resolve it within 60 days.

Binding individual arbitration. If we cannot resolve it, you and Empathiatry agree that any dispute about these terms, our website, our digital services, billing, or messages will be decided by binding arbitration, not in court, except as listed below. Arbitration is run by the American Arbitration Association under its Consumer Arbitration Rules, by one neutral arbitrator, by video or in the county where you live. Your share of filing fees will not be more than a court filing fee, and we pay the rest of the arbitration fees. The arbitrator can award the same individual relief a court could. The Federal Arbitration Act governs this section.

What is not covered. Either of us may bring an individual claim in small claims court. Either of us may ask a court to stop misuse of intellectual property. Claims of professional negligence (medical malpractice) are not covered by this section. They are decided under Empathiatry's separate Patient–Clinician Arbitration Agreement, which new patients sign before their first visit where state law allows, and which can be cancelled within 30 days of signing. Where no such agreement is in effect, they are decided in court.

No class actions. You and Empathiatry may bring claims only as individuals, not as a plaintiff or class member in any class, collective or representative action. The arbitrator may not combine claims of more than one person. If this class waiver is found unenforceable for a claim, that claim goes to court and not to arbitration.

Jury trial waiver. Where a claim goes to court instead of arbitration, you and Empathiatry each give up the right to a jury trial, to the extent the law allows.

Opting out. You can opt out of this arbitration section within 30 days of first accepting these terms by emailing admin@empathiatry.com with your name and the words "arbitration opt-out." Opting out does not affect any other part of these terms or your care.

Time limit. To the extent the law allows, any claim covered by this section must be started within one year after it arises.

If the law where you live does not allow part of this section, that part does not apply to you.

23. Electronic communications

You agree that we may give you notices, policies, consents and other communications electronically, in your account or by email, and that these meet any requirement that they be in writing. You can ask for a paper copy at any time at no charge, and you can withdraw this agreement by contacting us. Withdrawing may limit your use of the patient portal.

24. General terms

• Entire agreement. These terms, together with our Privacy Policy, Notice of Privacy Practices, Telehealth and Informed Consent, Payment Policies, and any consent you sign, are the full agreement between you and us about our services.
• Severability. If a part of these terms cannot be enforced, the rest still applies.
• No waiver. If we do not enforce a term, we have not given up the right to enforce it later.
• Assignment. You may not transfer your rights under these terms. We may transfer ours to a successor practice, with notice to you.
• Events outside our control. We are not responsible for delays caused by events we cannot reasonably control, such as outages of internet, power or third-party services. In that case we will help you reach care another way.
• Survival. Sections about content, liability, indemnity, disputes and these general terms continue after your use ends.

25. Notice for California residents

Under California Civil Code section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210. You may also contact the board that licenses your clinician about the care you received.

26. Changes

We may update these terms. We will post the new version with its effective date. If a change is material, we will tell you in your account or by email before it takes effect.

27. Contact

Empathiatry Nursing P.C., 9984 Scripps Ranch Blvd Unit# 830
San Diego, CA 92131 . Email admin@empathiatry.com. Phone (855) 511-1692.