Terms and Conditions | Proactive Mind

Terms & Conditions

Effective Date: September 30, 2025

Last Updated: August 19, 2026

These Terms and Conditions (“Terms”) govern your access to and use of the Proactive Mind mobile application, website, AI-enabled features, messaging tools, content, coaching services, clinician services, and related products and services (collectively, the “Services”).

The Services are offered by Proactive Mind, LLC, doing business as Proactive Mind (“Proactive Mind,” “we,” “us,” or “our”). By creating an account, clicking to accept these Terms, or accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy at https://www.proactivemindhealth.com/privacy-policy.

If you do not agree to these Terms, do not create an account or use the Services.

1. Eligibility

You must be at least 18 years old and legally able to enter into a binding agreement to use the Services.

By using the Services, you represent and warrant that:

You are at least 18 years old.

You have the legal capacity to enter into these Terms.

Information you provide to Proactive Mind is accurate, current, and complete.

You will keep your account information current.

You will use the Services only in compliance with these Terms and applicable law.

You are located in the United States when using Services intended for U.S. users, unless we expressly authorize otherwise.

The Services are not intended for minors. No person under age 18 may create an account or use the Services.

2. Important Safety Notice

Proactive Mind is not an emergency service. Do not use the Services if you are experiencing a medical or mental-health emergency, believe you may harm yourself or another person, or require immediate intervention.

If you are in immediate danger or think you may harm yourself or another person:

Call 911 or your local emergency number immediately.

Call or text 988 in the United States to contact the Suicide & Crisis Lifeline.

Go to the nearest emergency department.

Contact a qualified licensed professional or another appropriate emergency resource.

Do not rely on Proactive Mind, AI Features, a coach, a Clinician, chat, messaging, or any other Service feature as a substitute for emergency response.

3. Types of Services

Proactive Mind may offer one or more of the following:

AI-enabled reflection, education, coaching, goal-setting, journaling, screening, navigation, and wellbeing-support tools.

Educational and self-guided content.

Access to non-licensed coaches.

Access to independently practicing licensed clinicians, where available and appropriate.

Scheduling, communications, payment, and administrative tools related to coaching or clinician services.

Availability of Services may vary based on your location, provider availability, insurance status, clinical appropriateness, technical limitations, and other factors.

4. Acceptance of Terms

By accessing, registering for, downloading, or using the Services, you agree to these Terms, our Privacy Policy, and any additional terms, notices, consents, or policies presented in connection with a particular Service.

If you use the Services on behalf of an organization, you represent that you are authorized to bind that organization to these Terms. In that case, “you” and “your” include that organization.

5. AI Features and Disclaimer

5.1 AI Features

Proactive Mind may provide artificial-intelligence-enabled features, including automated messages, conversational support, educational content, reflections, summaries, prompts, insights, goal-setting suggestions, resource suggestions, and other generated outputs (collectively, “AI Features” and “AI Output”).

AI Features are intended solely to support general education, self-reflection, personal growth, goal-setting, and wellbeing. They are not designed or offered to diagnose, treat, cure, prevent, monitor, or manage any medical, psychiatric, psychological, behavioral-health, or substance-use condition.

5.2 No Medical, Mental-Health, or Professional Advice

AI Output is provided for general informational and wellbeing-support purposes only. AI Output is not medical, psychiatric, psychological, therapeutic, diagnostic, treatment, legal, financial, or other professional advice.

AI Features do not provide psychotherapy, counseling, medication management, clinical assessment, clinical triage, crisis intervention, emergency services, or a treatment plan. You must not use AI Output to make decisions about medication, treatment, diagnosis, symptoms, safety, or other health-related matters without consulting an appropriately qualified licensed professional.

Except where a licensed Clinician separately agrees to provide professional services to you, use of the AI Features does not create a physician-patient, therapist-patient, counselor-client, coach-client, fiduciary, or other professional relationship between you and Proactive Mind, its AI systems, or its personnel.

5.3 Limitations of AI Output

AI Output is generated automatically. It may be inaccurate, incomplete, biased, outdated, misleading, offensive, unavailable, or inappropriate for your particular circumstances.

Proactive Mind does not guarantee the accuracy, reliability, completeness, usefulness, safety, or appropriateness of AI Output. You are solely responsible for exercising independent judgment and determining whether and how to use any AI Output.

Do not rely on AI Output as a substitute for the advice, diagnosis, treatment, or judgment of a qualified licensed healthcare or mental-health professional.

5.4 Not for Emergencies or Crisis Care

AI Features are not emergency or crisis services. Do not use them if you are experiencing a medical or mental-health emergency, believe you may harm yourself or another person, are in immediate danger, or require urgent assistance.

If you are in immediate danger, thinking about harming yourself or another person, or need urgent help:

Call 911 or your local emergency number.

Call or text 988 in the United States to contact the Suicide & Crisis Lifeline.

Go to the nearest emergency department.

Contact a qualified licensed professional, local crisis service, or trusted person who can provide immediate support.

Proactive Mind does not guarantee that the AI Features will identify, detect, assess, respond to, escalate, monitor, or prevent a safety issue, crisis, or emergency. You remain responsible for seeking appropriate emergency or professional assistance when needed.

5.5 Distinction Between AI, Coaches, and Clinicians

Proactive Mind may offer access to AI Features, non-licensed coaches, and licensed clinicians. These offerings are different and must not be confused.

AI Features provide automated general wellbeing, educational, self-reflection, and goal-support content; they are not clinical care, therapy, or crisis support.

Non-licensed coaches may provide general encouragement, accountability, education, lifestyle support, and goal-setting assistance. Unless expressly identified as separately licensed in the relevant jurisdiction, coaches are not licensed therapists, counselors, psychologists, psychiatrists, physicians, nurse practitioners, or emergency responders. Coaches do not diagnose or treat conditions, provide psychotherapy, prescribe or advise on medication, or provide crisis intervention.

Licensed clinicians may provide professional services only after they independently determine that they can and will provide care to you, and after you complete the clinician’s applicable intake, informed-consent, privacy, and practice requirements.

A clinical relationship is created only when a licensed Clinician separately agrees to provide professional care to you. Proactive Mind’s AI Features, content, and non-licensed coaching do not independently establish a clinician-patient relationship.

5.6 Safety Restrictions and Service Controls

You agree not to use AI Features for emergency, crisis, or urgent medical or mental-health needs.

Proactive Mind may, but is not required to, limit, pause, redirect, remove, flag, or discontinue AI interactions when we detect possible safety risks, prohibited use, misuse, technical problems, suspected fraud, or content that may require professional or emergency support.

Any such action does not create an obligation for Proactive Mind to monitor your activity, respond to an emergency, contact emergency services, or provide crisis intervention.

5.7 Your Inputs and Privacy

Do not submit to AI Features any information that you are not authorized to disclose, including another person’s confidential, personal, health, financial, or proprietary information.

Your use of AI Features is subject to the Proactive Mind Privacy Policy at https://www.proactivemindhealth.com/privacy-policy. The Privacy Policy should describe what AI-related information Proactive Mind collects, how it uses and retains that information, whether it is used to improve AI systems, who may access it, and the choices available to users.

5.8 No Reliance and Assumption of Risk

By using AI Features, you acknowledge that you understand the limitations stated in this Section 5 and agree not to rely on AI Output as a substitute for professional advice, diagnosis, treatment, crisis intervention, or emergency assistance.

To the fullest extent permitted by law, you assume the risks associated with use of AI-generated information and remain responsible for your decisions, actions, and use of AI Output.

6. Non-Licensed Coaching

Certain Services may connect you with a coach who is not a licensed healthcare professional. Coaches may provide encouragement, accountability, educational support, goal-setting support, lifestyle guidance, and general wellbeing support within the scope of their role.

Coaches are not authorized through Proactive Mind to:

Diagnose or treat a mental-health, medical, psychiatric, or substance-use condition.

Provide psychotherapy, counseling, medical advice, medication advice, crisis intervention, or emergency services.

Replace a licensed Clinician or other qualified healthcare professional.

Make clinical determinations about your safety, condition, treatment, or need for emergency care.

You acknowledge that coaching is distinct from therapy, counseling, psychiatry, psychology, medical treatment, and other licensed clinical care. If you need clinical assessment, diagnosis, treatment, medication management, psychotherapy, or crisis support, seek a qualified licensed professional or emergency assistance.

7. Licensed Clinician Services

Where available, Proactive Mind may facilitate your access to licensed clinicians, such as therapists, counselors, psychologists, social workers, psychiatrists, physicians, nurse practitioners, or other licensed providers (“Clinicians”).

Unless Proactive Mind expressly states otherwise in a separate written agreement:

Clinical services are provided by the individual Clinician or the Clinician’s professional practice, not by Proactive Mind.

The Clinician is responsible for their professional judgment, clinical services, licensure, credentials, documentation, informed consent, treatment decisions, and applicable legal and ethical obligations.

A clinician-patient relationship is formed only when and if a Clinician affirmatively agrees to provide care to you under the Clinician’s applicable consent, intake, and practice terms.

Proactive Mind does not guarantee that any particular Clinician will be available, appropriate, in-network, or able to provide Services to you.

You may be asked to sign separate informed-consent, telehealth-consent, privacy, financial-responsibility, cancellation, and practice documents before receiving clinical care.

Before each telehealth appointment, you must accurately disclose your physical location. Telehealth availability and a Clinician’s ability to provide care may depend on your location at the time of the appointment and the Clinician’s authorization to practice there. Most states require official informed consent before tele behavioral-health treatment.

8. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring through your account.

You agree to:

Use a strong, unique password and keep it confidential.

Notify us promptly at info@proactivemindhealth.com if you suspect unauthorized access to your account.

Not share your account with another person.

Not impersonate another person or use another person’s account without permission.

We may suspend or terminate access to your account if we reasonably believe it has been compromised, used fraudulently, or used in violation of these Terms.

9. Your Content

You may submit information, messages, journal entries, goals, responses, recordings, files, or other materials through the Services (“User Content”).

You retain ownership of your User Content. However, by submitting User Content, you grant Proactive Mind a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, and use that User Content solely as necessary to operate, secure, improve, provide, and support the Services, subject to the Privacy Policy and applicable law.

You represent and warrant that:

You own or have permission to submit your User Content.

Your User Content does not violate another person’s rights or applicable law.

Your User Content does not contain malicious code or attempt to compromise the Services.

You will not use the Services to harass, threaten, exploit, defame, discriminate against, or harm another person.

10. Privacy and Health Information

Our collection, use, disclosure, retention, and protection of personal information are described in our Privacy Policy, which is incorporated into these Terms by reference.

Depending on how Proactive Mind is structured and the Services you use, certain information may be handled by Proactive Mind, a Clinician, a Clinician’s practice, a coach, service providers, or other parties. You may receive separate privacy notices or authorizations in connection with clinical services.

Do not assume that all information you submit through the Services is protected by HIPAA. HIPAA applicability depends on the entity, relationship, service, and data flow involved.

11. Consent to Communications

By providing your email address, telephone number, or other contact information, you consent to receive communications from Proactive Mind relating to your account, the Services, appointments, payments, security, administrative matters, and legal notices.

If you opt in to marketing communications, you may withdraw your marketing consent as described in the message or our Privacy Policy. Opting out of marketing messages does not opt you out of essential service, transactional, safety, account, or legal communications.

Message and data rates may apply for SMS or mobile communications. Message frequency may vary.

12. Payments and Subscriptions

Some Services may require payment, including subscriptions, coaching sessions, Clinician appointments, premium features, or other fees.

Before you are charged, we will present applicable pricing and billing terms. You agree to pay all charges associated with your selected Services, including applicable taxes.

If you enroll in an automatically renewing subscription:

Your subscription will renew automatically at the stated interval unless you cancel before the renewal date.

You authorize Proactive Mind or its payment processor to charge your selected payment method for recurring fees.

You may cancel through [Account Settings / App Store / Support Process].

Cancellation takes effect at the end of the current paid subscription period unless otherwise required by law or stated at purchase.

Clinician and coach appointments may have separate fee, cancellation, late-cancellation, no-show, insurance, and refund policies. Those policies will be presented before or when you book the applicable Service.

13. Acceptable Use

You may use the Services only for lawful personal use and in accordance with these Terms.

You may not:

Use the Services for emergency, crisis, or life-threatening situations.

Use the Services to obtain, provide, or facilitate unlawful clinical, medical, or therapeutic services.

Misrepresent your identity, age, location, insurance coverage, symptoms, or eligibility.

Harass, abuse, threaten, or exploit any coach, Clinician, user, employee, or contractor.

Upload malware, interfere with the Services, scrape content, or bypass security measures.

Reverse engineer, decompile, disassemble, or attempt to discover source code except to the extent such restriction is prohibited by law.

Use AI Features to generate unlawful, harmful, discriminatory, deceptive, or infringing content.

Copy, sell, rent, sublicense, distribute, or commercially exploit the Services or their content without our written permission.

14. Intellectual Property

The Services, including their software, designs, text, content, trademarks, logos, graphics, interfaces, AI Features, and other materials, are owned by or licensed to Proactive Mind and are protected by applicable intellectual-property laws.

Subject to your compliance with these Terms, Proactive Mind grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for personal, noncommercial use.

“Proactive Mind” and related names, logos, and branding are trademarks or trade dress of Proactive Mind, LLC or its licensors. You may not use them without prior written permission.

15. Third-Party Services

The Services may include links to, integrations with, or services provided by third parties, including payment processors, app stores, telehealth platforms, communications providers, Clinicians, coaches, insurance networks, or educational resources.

We do not control and are not responsible for third-party services, content, availability, privacy practices, terms, or actions. Your use of third-party services is governed by the applicable third party’s terms and policies.

16. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

PROACTIVE MIND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

WITHOUT LIMITING THE FOREGOING, PROACTIVE MIND DOES NOT WARRANT THAT:

The Services will meet your needs or expectations.

AI Output will be accurate, complete, safe, or appropriate.

A coach or Clinician will be available or suitable for you.

The Services will prevent, detect, diagnose, treat, or improve any condition.

The Services will be available at all times or free from errors, viruses, or security risks.

Some states do not permit certain warranty exclusions, so some exclusions may not apply to you.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PROACTIVE MIND AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PROACTIVE MIND FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

The amount you paid to Proactive Mind for the applicable Services in the 12 months before the event giving rise to the claim; or

One hundred U.S. dollars ($100).

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

18. Indemnification

You agree to defend, indemnify, and hold harmless Proactive Mind and its affiliates, officers, directors, employees, contractors, licensors, and service providers from claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising from or related to:

Your violation of these Terms.

Your misuse of the Services.

Your User Content.

Your violation of applicable law or another person’s rights.

Your interactions with a coach, Clinician, or another user, except to the extent caused by Proactive Mind’s gross negligence, willful misconduct, or other liability that cannot be disclaimed by law.

19. Suspension and Termination

You may stop using the Services at any time. You may request deletion of your account as described in the Privacy Policy, subject to legal, regulatory, clinical-record, billing, dispute, security, and operational retention requirements.

We may suspend, restrict, or terminate your access to all or part of the Services if we reasonably believe that:

You violated these Terms.

Your use creates a safety, legal, security, fraud, or operational risk.

We are required to do so by law, regulation, court order, or governmental authority.

We discontinue all or part of the Services.

Sections that by their nature should survive termination will survive, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnity, dispute resolution, and governing law.

20. Dispute Resolution

Before filing a formal claim, you agree to contact us at info@proactivemindhealth.com and attempt in good faith to resolve the dispute informally for at least 30 days.

Except where prohibited by law, any dispute arising out of or relating to these Terms, or the Services shall be resolved by binding individual arbitration administered by [AAA/JAMS] under its applicable rules.

You and Proactive Mind agree that:

Claims will be brought only in an individual capacity, not as a plaintiff or class member in a class, collective, coordinated, representative, or private-attorney-general action.

The arbitrator may award the same individual remedies available in court but may not consolidate claims or preside over a class or representative proceeding.

Either party may bring an eligible claim in small-claims court.

Either party may seek temporary or preliminary injunctive relief in court to protect intellectual-property rights, confidentiality, security, or prevent unauthorized access to the Services.

You may opt out of arbitration by sending written notice to info@proactivemindhealth.com and 3191 Andover Ct, Greenwood, IN 46142 within 30 days after first accepting these Terms. Your notice must include your name, account email, mailing address, and a clear statement that you opt out of arbitration.

21. Governing Law

These Terms are governed by the laws of the State of Indiana, without regard to conflict-of-law principles, except where federal law or the law of the jurisdiction in which you reside requires otherwise.

For disputes not subject to arbitration, you and Proactive Mind consent to exclusive jurisdiction and venue in the state or federal courts located in Johnson County, Indiana, except where applicable law provides otherwise.

22. Changes to Terms

We may revise these Terms from time to time. If we make a material change, we will provide notice through the Services, by email, or by another legally permissible method.

Updated Terms become effective on the date stated in the revised version. Your continued use of the Services after that effective date means you accept the revised Terms, to the extent permitted by law.

23. Miscellaneous

These Terms, together with the Privacy Policy and any additional terms, consents, or notices presented for particular Services, form the entire agreement between you and Proactive Mind regarding the Services.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver of our right to enforce it later.

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or operation of law.

24. Contact Us

Proactive Mind, LLC
3191 Andover Ct
Greenwood, IN 46142
United States

Support: info@proactivemindhealth.com
Privacy: info@proactivemindhealth.com
Legal notices: info@proactivemindhealth.com