This Terms of Service Agreement ("Agreement") is entered into between You ("You," "Your") and Pluto Care, Inc. ("Pluto") and is made effective as of the date of Your acceptance of these terms. The parties to this agreement may be referred to as a "Party" or collectively as "Parties".

PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT CONTAINS AN AGREEMENT TO ARBITRATE YOUR CLAIMS, A LIMITATION OF LIABILITY AND RELEASE OF CLAIMS, AND OTHER IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS.

Our Services
Pluto provides access to a mobile application and website (the "Platform") through which you may receive telehealth and other related services ("Medical Services") from third-party medical providers ("Provider") who may be part of a medical provider group (a "Medical Group"). Pluto is not a medical practice itself and does not bear responsibility for the quality of care provided by the Providers. The combined services offered by the Providers (professional medical services) and Pluto (access to the Platform and other non-clinical site services) are collectively referred to as the "Services" in this Agreement.

Please read this Agreement carefully. You agree to be bound by these Terms of Service and any additional terms, conditions, and policies referenced herein or available through hyperlinks. If You are accepting on behalf of a family member or another party that will be using the Services, You represent and warrant that (i) You are eligible to use the Services and have full legal authority to bind yourself and any other individuals that use your account to this Agreement, (ii) You have read and understand this Agreement and (iii) You agree, on behalf of yourself and individuals using the Services as part of your account, to this Agreement.

The Services are intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Services without parental permission. If you are above the age of 18 but do not meet the legal age requirements according to your state laws, you are also required to seek parental permission or immediately stop using the Services.

We may make changes to these Terms of Service, the Platform, or the Services to meet the needs of our users and/or our business priorities at any time. We will always make it clear to you what you are paying for and will not charge you for the website or its services without clear communication. The updated version of these Terms of Service will be indicated by an updated revised date, and the updated version and/or changes in the Services will be effective upon posting. It is your responsibility to regularly visit the Platform and stay informed about any updates. Your continued use of the Platform signifies your acceptance of such changes.

You agree to use the Services in accordance with our Acceptable Use Policy which we may amend or update from time to time at our discretion.

You agree that Pluto may terminate this Agreement at any time and terminate or suspend Your access to the Services at any time and for any reason.

YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. PLUTO SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PLUTO DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR AVAILABLE.

If you have any questions concerning the Terms of Service, please contact us by sending us a message.

Relationship with Pluto: Pluto provides access for clients to clinicians that specialize in holistic psychiatry, medication management, therapy treatments, psychotherapy, and life-coaching as recommended by medical practitioners and integration coaches. Pluto does not have control over their clinical decision-making, therefore, you agree that Pluto is not responsible for the quality of care provided by them, and waive and release Pluto from any liability or claims relating to the Medical Services.

You are required to provide your accurate Personal Information including but not limited to the first name, phone number, date of birth, country, an email address at the time of registering for the Service subject to our Privacy Policy and those of the Providers.

Account Registration: You will need to sign up on our Platform and create an account to access the Services. You agree to maintain the confidentiality of your account, including Your user name and password. If your password or account is compromised, you agree to immediately change your password and to notify us if you suspect or become aware of any breach of security or unauthorized use of your account.

Disclosure of Health History/Medications/Substance Abuse Use: You agree to provide an accurate medical history and to inform Your Provider(s) of any known allergies to medications, foods and/or other substances, as well as disclosure of any recreational or illegal drugs you have taken. You understand that failure to inform Your Provider(s) about Your medical issues, medical history, and/or drug use can lead to serious complications, including severe injury and death.

Maintaining Results: For continued results, you may require additional Therapy sessions at intervals determined by your treatment provider in conjunction with your personal treatment plan.

Third-Party Personal Information: If you provide us with Personal Information of third parties (such as the details of your administrative assistant or your emergency contact), you agree to (a) notify each individual before sharing their Personal Information with us, (b) explain that their Personal Information will be processed in accordance with our Privacy Policy, and (c) obtain their consent, where appropriate.

No Guarantee of Results: Pluto does not offer refunds or guarantee the results of any Medical Service.

Financial Responsibility: You agree to pay for the Services that You order at the price and terms quoted to you on the Platform. You further agree and authorize Pluto (and any applicable service provider) to use Your credit card number that you provide to pay for Services and any associated fees or taxes without any subsequent or additional confirmations by You. In the event of non-payment, You will bear the cost of collection and/or court costs, fees and reasonable legal fees, should this be required.

Missed Appointment Policy: We understand that circumstances can change and want to do our best to accommodate your needs while also being respectful of our Providers. You agree that we may charge you a $125 fee for appointments cancelled less than 48 hours in advance.

If you cancel before your initial consultation within 48 hours of your scheduled appointment or cancel after missing your scheduled appointment, you will be charged a $125 cancellation fee. You accept financial responsibility and will not attempt to dispute this charge.

If you financed your consultation or treatment through a third-party financing partner, You are subject to the terms & conditions of your contractual agreement with the third-party financing partner. Pluto’s terms are a separate agreement from the financing company terms.

Pluto is not a pharmacy, we work with accredited and reputable national pharmacies. Any delay in compounding the medication or shipping delays are not the responsibility of Pluto.
Pluto does not guarantee the eligibility for Medical Services or approval of any form of treatment for any patient. If a Provider determines that you are not eligible or a good candidate for the Medical Services prior to starting treatment, a refund may be authorized at the sole discretion of the treating Provider. If the Provider determines that you are eligible, no refunds will be issued after the completion of the initial appointment.

You will receive a full refund if you cancel your appointment at least 48 hours prior to your scheduled initial psychiatric consultation.

LIMITATION OF LIABILITY
YOU WAIVE AND RELEASE PLUTO, ITS OWNERS, OFFICERS, THIRD-PARTY PROVIDERS, OR EMPLOYEES FROM LIABILITY FOR ANY PAST, PRESENT, OR FUTURE INCIDENTAL, CONSEQUENTIAL, NOMINAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES RELATING TO THIS AGREEMENT OR THE SERVICES, INCLUDING ATTORNEYS FEES, INDEMNIFICATION, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, AND COSTS OF COVER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR THE SERVICES IS TO STOP USING THEM. YOU AGREE THAT THE ENTIRE AGGREGATE LIABILITY FOR ANY CLAIMS BROUGHT AGAINST PLUTO, ITS OWNERS, OFFICERS, THIRD-PARTY PROVIDERS, OR EMPLOYEES RELATING TO THE SERVICES AND/OR THIS AGREEMENT, INCLUDING ATTORNEYS’ FEES, SHALL NOT EXCEED $1,000. THIS SECTION SHALL SURVIVE THE TERMINATION OF THE AGREEMENT.

Governing Law and Venue: This Agreement will be governed by and interpreted in accordance with the laws of the State of Texas, without giving effect to the principles of conflicts of law of such state. You agree to waive your right to a trial by jury in any action arising under or relating to the Services.

Dispute Resolution: Arbitration. Other than claims asserted by Company against You to collect funds for the Services, any dispute, controversy or claim arising out of or related in any manner to this Agreement which cannot be amicably resolved by the Parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof in Houston, Texas. The arbitration shall take place before a panel of one (1) arbitrators sitting in Houston, TX. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes between the Parties relating to the Services in accordance with the laws of the State of Texas, including whether the dispute is subject to this arbitration provision or is otherwise required to be arbitrated by either Party. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the Parties. Each Party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. Any claim shall be brought individually on behalf of the person or entity seeking relief, not on behalf of a class or other persons or entities not participating in the arbitration, and shall not be consolidated with the claim of any person who is not asserting a claim arising under or relating to this contract. The arbitrators shall determine whether a given dispute between the Parties is required to be arbitrated subject to this section. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement, except that Pluto may seek a preliminary injunction or other injunctive relief in any court of competent jurisdiction in Houston, TX if in its reasonable judgment such action is necessary to avoid irreparable harm.

Information Communication: You agree and consent to receive communications from Pluto via text, email, and through messages on our software application, expressly including communications for marketing purposes. Consent to these terms is not a condition of purchase. Message and data rates may apply.
You may contact Pluto's customer support department for assistance by reaching us at support@plutocare.us.

Assignment: You may not assign any of Your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Pluto.

Severability: If any provision or portion of this Agreement shall be rendered by applicable law or held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

Headings; Construction: The headings/captions appearing in this Agreement have been inserted for the purposes of convenience and ready reference, and do not purport to and shall not be deemed to define, limit or extend the scope or intent of the provisions to which they appertain. This Agreement is the result of negotiations between the Parties and their counsel. Accordingly, this Agreement shall not be construed more strongly against either Party regardless of which Party is more responsible for its preparation, and any ambiguity that might exist herein shall not be construed against the drafting Party.

Survival: Each term and provision of this Agreement that should by its sense and context survive any termination or expiration of this Agreement, shall so survive regardless of the cause and even if resulting from the material breach of either Party to this Agreement.

Waiver: The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.

Entire Agreement; Modification: This Agreement shall be the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the Parties, whether written, oral, electronic or otherwise. This Agreement may be modified from time to time by Pluto, said modifications or amendments becoming effective immediately upon acceptance by You.