Terms of Use

1. Who we are

Minds Awakened LLC, doing business as Reflectra ("Reflectra," "we," "us"), makes Reflectra, software that counseling practices use to run their programs: records, consent, scheduling, messages, payments and the Reflectra app. Reflectra is not a health care provider. We don't diagnose, treat, or make decisions about your care.

2. Your practice and your care

Your care comes from the counseling practice that invited you ("your practice") and its licensed clinicians. Your practice is responsible for your care, decides who it can serve and how, and is the custodian of your records. Your practice's informed consent and its Notice of Privacy Practices describe your care and how your health information is used. If they conflict with these Terms about your care, they control.

We handle your health information for your practice under a business associate agreement, as our Privacy Policy explains. Some features use AI to support your clinician. AI never diagnoses you or decides your care.

3. Eligibility and emergencies

You must be 18 or older and invited by a practice that uses Reflectra. Your practice may have other requirements, such as where you must be during sessions. You must give accurate information about who you are and how to reach you.

4. Fees and payments

Your practice sets its fees, payment options and refund terms, and you agree to them with your practice when you pay. Reflectra isn't a party to them, and we don't charge you anything. Payments are processed by Stripe through your practice's own account, so your money goes to your practice. Reflectra never holds it. Questions about a charge or a refund go to your practice.

5. Text messages

If you agreed when you paid, your practice may have us text you your invite link. We send at most 6 texts for each invite: the link and up to 5 resends of it. Texts never include health information, and we don't send appointment reminders or marketing by text. A text does show your practice's name, so anyone who sees your phone may learn that you're its client. Consent to texts is not a condition of purchase.

Message and data rates may apply. Reply STOP to opt out or HELP for help, or email legal@reflectra.co. Carriers are not liable for delayed or undelivered messages. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.

6. Your account

You're responsible for your password, your devices and what happens in your account. Tell us right away if you think someone else has used it.

You can delete your account in the app, in Settings. That ends your sign-in. Your records stay with your practice, which must keep them as the law requires.

7. Acceptable use

You may not:

• Use Reflectra for an emergency, or to harm, threaten, exploit, impersonate or unlawfully monitor another person.
• Access another person's account or submit information without permission.
• Interfere with Reflectra's security, availability, sign-in or safety features.
• Scrape, reverse engineer, resell, sublicense or commercially exploit Reflectra, except where the law doesn't allow us to forbid it.
• Upload malicious code, or use automated systems that burden or misuse Reflectra.
• Misrepresent your identity, age, location or eligibility.

We may suspend or end your access to protect someone, keep Reflectra secure, comply with the law or stop misuse, or when your practice ends its program with you or stops using Reflectra. Your practice's professional duties to you continue under the rules that govern it.

8. Ownership

Reflectra and its licensors own the software, the Reflectra name and designs, and content that isn't about you. We give you a limited, personal, revocable, nonexclusive, nontransferable right to use Reflectra under these Terms.

Your information is yours, subject to the permissions we need to provide, secure and support Reflectra for your practice. Your records are controlled by your practice under health care law and its Notice of Privacy Practices. Other companies' services, such as Apple, Google and Stripe, have their own terms.

9. Disclaimers and liability

To the fullest extent the law allows, Reflectra is provided "as is" and "as available." Minds Awakened disclaims implied warranties of merchantability, fitness for a particular purpose, noninfringement, and uninterrupted or error-free operation.

To the fullest extent the law allows, Minds Awakened will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, lost profits or lost data arising from Reflectra, and its total liability arising from Reflectra will not exceed $100.

You agree to indemnify Minds Awakened against third-party claims caused by your unlawful misuse, intentional misconduct, unauthorized submission of another person's information, or material violation of these Terms. You never have to indemnify us for our own negligence.

Nothing in these Terms waives a right or duty that the law doesn't allow to be waived.

10. Arbitration

Please read this section carefully. It affects your legal rights.

Before filing a claim, you and Reflectra agree to send a written notice describing the dispute and the relief requested, and to try to resolve it informally for at least 30 days. Send notices to legal@reflectra.co and to the address in section 12.

Except for individual small-claims matters, requests for emergency injunctive relief, and disputes that can't legally be arbitrated, disputes arising from these Terms or Reflectra will be resolved by binding individual arbitration under the Federal Arbitration Act, administered by the American Arbitration Association under its Consumer Arbitration Rules.

Claims may be brought only individually, not as a plaintiff or class member in a class, collective, consolidated, mass or representative proceeding. The arbitrator may award relief only to the individual claimant. You and Reflectra waive trial by jury to the extent the law allows.

You may opt out of arbitration by sending a signed written notice to legal@reflectra.co within 30 days after you first accept these Terms. Include your name, your account email, your phone number and a clear statement that you opt out. Opting out doesn't affect your access to Reflectra.

If part of this section can't be enforced, it is severed only as far as needed. A claim that can't proceed individually is decided in court after the individual arbitrable claims are resolved.

11. General terms

Texas law governs these Terms, without regard to conflict-of-law rules, except where federal law controls. Court proceedings that are allowed must be brought in state or federal courts in Harris County, Texas, and you and Reflectra consent to their jurisdiction.

These Terms and our Privacy Policy are the whole agreement between you and Reflectra about Reflectra. Your agreements with your practice are separate. Not enforcing a provision isn't a waiver of it. You may not assign these Terms without our consent; we may assign them in a merger, acquisition or sale of assets.

We may update these Terms. We'll tell you about a material change in the app or by email before it takes effect. If you keep using Reflectra after it takes effect, you accept the updated Terms where the law allows.