TERMS OF SERVICE

SHIFT Your Journey® Mental Health Counseling, PLLC

TERMS AND CONDITIONS OF SERVICE

Last Updated: March 6, 2026

Please read these Terms and Conditions (“Terms” or “Terms of Use”) carefully before using the services provided by SHIFT Your Journey® Mental Health Counseling, PLLC (“SHIFT Your Journey®,” “the Practice,” “we,” “us,” or “our”).

By accessing or using our services — including our website, telehealth therapy sessions, scheduling systems, SMS communications, and any related services (collectively, the “Service”) — you agree to be bound by these Terms. If you do not agree, you must immediately discontinue use of the Service.

These Terms apply to all visitors, users, clients, prospective clients, minors and their guardians, and any individual who interacts with the Service in any capacity.

1. Acceptance of Terms

By accessing or using the Service in any manner, you accept and agree to be bound by these Terms and our Notice of Privacy Practices (“NPP”), available at www.shiftyourjourney.com/privacypolicy. These Terms, the NPP, and your individual Informed Consent and Service Agreement collectively constitute the full agreement governing your relationship with SHIFT Your Journey®.

If you do not agree to these Terms in their entirety, you must immediately discontinue all use of the Service. Your continued use following any posted updates constitutes acceptance of the revised Terms.

2. Nature and Scope of Service

2.1 Outpatient Telehealth Services

SHIFT Your Journey® provides outpatient individual telehealth mental health counseling services. All sessions are conducted 100% online via HIPAA-compliant secure video and/or audio platforms. Our services include therapy for anxiety, depression, trauma/PTSD, and life transitions, among other presenting concerns, for individuals ages 13 through 65.

2.2 Geographic Availability

Services are available to clients located within the following states at the time of service delivery. Clients must be physically present within a licensed state during each session. Services cannot be rendered to clients located outside these states, regardless of where they reside:

Connecticut (CT)
Florida (FL)
Massachusetts (MA)
New Jersey (NJ)
New York (NY)
Pennsylvania (PA)
Texas (TX)

If you travel outside these states, it is your responsibility to notify your therapist prior to your session. Sessions cannot proceed if you are physically located in an unlicensed state.

2.3 NOT an Emergency or Crisis Service

IMPORTANT NOTICE: SHIFT Your Journey® is an outpatient telehealth practice. It is NOT a crisis service, emergency mental health service, inpatient program, or 24/7 on-call provider. Our therapists cannot guarantee availability outside of scheduled appointment times.

IF YOU OR SOMEONE ELSE IS IN IMMEDIATE DANGER, DO NOT USE THIS SERVICE. Instead:

Call 911 or go to the nearest emergency room immediately
Call or text 988 (Suicide & Crisis Lifeline) — available 24/7, free and confidential
Text “HELLO” to 741741 (Crisis Text Line) — available 24/7

Your therapist may initiate emergency safety protocols consistent with applicable ethical and legal obligations. These protocols may include, but are not limited to, contacting emergency services, law enforcement, or authorized family members when there is an imminent and credible risk of harm to you or others. Such actions are governed by applicable state law and the applicable codes of professional ethics.

3. Clients Who Are Minors (Ages 13–17)

3.1 Guardian Initiation of Services

SHIFT Your Journey® requires a parent or legal guardian (“Guardian”) to initiate services and complete all intake documentation for all Minor Clients under the age of 18. Guardian involvement in the initiation of services is a standard and non-negotiable requirement of this Practice and is considered essential to supporting the minor’s care, regardless of applicable state law thresholds for independent minor consent.

Notwithstanding the foregoing, SHIFT Your Journey® acknowledges that applicable state law may, in certain circumstances, grant minors the independent right to consent to outpatient mental health services. In those circumstances, the Practice will evaluate eligibility on a case-by-case basis in accordance with applicable law and clinical judgment. Such exceptions do not waive the Practice’s general requirement for guardian initiation and involvement throughout the treatment process.

3.2 State-Specific Consent Provisions

The following state-specific provisions apply. Where a minor’s state of residence differs from the state in which the session is conducted, the law of the state where the minor is physically located during the session governs:

New York: Minors age 16 and older may consent to outpatient mental health services without parental consent under certain circumstances pursuant to NY Mental Hygiene Law §33.21. The Practice will assess eligibility on a case-by-case basis.
Florida: Minors age 13 and older may consent to outpatient mental health treatment. Parents or guardians generally retain the right to access records unless the minor objects and the treating therapist determines disclosure would be harmful.
New Jersey: Minors age 14 and older may consent to outpatient mental health treatment. The Practice is required to notify a parent or guardian within two (2) business days unless the minor objects on reasonable grounds, in which case the therapist exercises clinical and legal judgment.
Texas: Minors age 16 and older may consent to outpatient behavioral health services.
Massachusetts, Connecticut, Pennsylvania: Minors generally require parental or guardian consent for outpatient mental health services, except in circumstances involving imminent risk of harm or other statutory exceptions.

3.3 Guardian Responsibilities

Guardians who initiate and consent to services on behalf of Minor Clients agree to:

Complete all required intake and consent documentation prior to the minor’s first session
Ensure the minor has a private and safe environment for all telehealth sessions
Remain accessible during sessions for minors under age 16 unless otherwise directed by the treating therapist
Promptly notify the Practice of any change in the minor’s safety, living situation, or legal custody status
Not use the minor’s treatment or therapeutic relationship as a vehicle for any legal, custody, or family court proceeding

3.4 Custody Status and Conflicting Guardianship

When a parent or legal guardian initiates services on behalf of a Minor Client, SHIFT Your Journey® relies on the representations made by the initiating party regarding their legal authority to consent to the minor’s treatment. The Practice does not independently verify custody status or parental rights at intake.

The initiating guardian represents and warrants that they have the legal authority to consent to mental health treatment for the minor, and that no court order, custody agreement, or legal proceeding prohibits or restricts such consent. If a custody agreement, divorce decree, or court order exists that affects either party’s rights regarding the minor’s healthcare decisions or record access, the initiating guardian is required to disclose this and provide documentation upon request.

In the event that a second parent, guardian, or individual claiming legal authority over a Minor Client contacts the Practice, SHIFT Your Journey® will:

Neither confirm nor deny that the minor is receiving services without first reviewing applicable legal documentation
Request a copy of any relevant custody order, court order, or legal documentation establishing the contacting party’s rights
Pause or suspend active scheduling pending legal clarification if a custody dispute is identified
Consult with legal counsel as appropriate before taking further action

3.5 Scope of Practice — Therapeutic Services Only

SHIFT Your Journey® is a therapeutic practice. We are not a forensic evaluator, custody evaluator, legal advocate, or expert witness service. Our sole focus is the mental health and therapeutic wellbeing of our clients.

Parents, guardians, or any party involved in a custody, divorce, or family court proceeding may not engage SHIFT Your Journey® services — directly or indirectly — as a means of gathering information, documentation, or clinical opinion for use in any legal proceeding. Therapists at SHIFT Your Journey® will not provide custody recommendations, parental fitness assessments, court letters, or testimony in any legal proceeding involving a Minor Client, except where compelled by a lawful court order.

3.6 Discontinuation of Services for Minor Clients

SHIFT Your Journey® reserves the right to immediately discontinue services to a Minor Client under any of the following circumstances:

An unresolved custody dispute between parents or guardians creates a clinical environment that is harmful, destabilizing, or contraindicated for the minor’s treatment
Either parent or guardian engages in conduct — including but not limited to hostile communications, conflicting instructions, or attempts to use the minor’s therapy as leverage in any legal proceeding — that the treating therapist reasonably determines is negatively impacting the minor’s therapeutic progress or emotional safety
The Practice is served with or reasonably anticipates being served with a subpoena, court order, or legal demand arising from a custody or family court proceeding, and continued service creates an untenable conflict between legal obligations and therapeutic ethics
The custody or legal situation surrounding the minor becomes sufficiently unresolved that the Practice cannot determine who holds lawful authority to consent to or direct the minor’s care.

Discontinuation of services under these circumstances is a clinical and ethical decision made in the best interest of the Minor Client. The Practice will provide referrals to appropriate alternative providers upon discontinuation and will handle clinical termination in accordance with applicable professional ethical standards.

3.7 Non-Involvement in Legal Proceedings

All parents and guardians who initiate or participate in services for a Minor Client agree, by doing so, that they will not attempt to involve SHIFT Your Journey® or any of its therapists in any custody, divorce, family court, or related legal proceeding. The Practice will assert all available legal privileges and protections, including therapist-patient privilege, to the fullest extent permitted by applicable law. The Practice reserves the right to seek recovery of legal costs associated with responding to subpoenas or court demands arising from custody or family court proceedings, to the extent permitted by applicable law.

3.8 Record Access for Minor Clients

Access to treatment records for Minor Clients is governed by the laws of the applicable state and the minor’s individual consent status. Guardians seeking access to a minor’s therapy records must submit a written request. The Practice reserves the right to limit record disclosure where disclosure would be harmful to the minor’s treatment or otherwise prohibited by law.

4. Privacy, HIPAA, and Protected Health Information

4.1 Notice of Privacy Practices

Your privacy rights and the Practice’s obligations regarding your Protected Health Information (“PHI”) are governed by our Notice of Privacy Practices (“NPP”), incorporated herein by reference. The NPP is available at www.shiftyourjourney.com/privacypolicy. By using the Service, you acknowledge that you have been provided the opportunity to review the NPP.

4.2 HIPAA Compliance

SHIFT Your Journey® is a HIPAA-covered entity. We are committed to maintaining the privacy and security of your PHI in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the HITECH Act, and all applicable state mental health privacy laws. Where state law provides stricter privacy protections than HIPAA, state law governs.

4.3 Psychotherapy Notes

Psychotherapy notes, as defined under HIPAA (45 CFR §164.501), receive heightened protection and are maintained separately from the general medical record. Disclosure of psychotherapy notes requires your specific written authorization, except in limited circumstances permitted by law.

4.4 Substance Use Disorder Records

Where applicable, records related to substance use disorder (“SUD”) treatment are protected under both HIPAA and 42 CFR Part 2 (Confidentiality of Substance Use Disorder Patient Records), as amended effective April 16, 2024, with compliance required by February 16, 2026. SUD records will only be disclosed pursuant to a valid patient consent or as otherwise authorized by law.

4.5 Telehealth Technology

All telehealth sessions are conducted via HIPAA-compliant, encrypted platforms. While we take reasonable technical precautions, no electronic transmission is completely secure. You acknowledge the inherent risks associated with electronic communications and agree to use only secure internet connections during sessions. Email communications may not be HIPAA-secure; do not transmit sensitive clinical information via standard email without prior approval from your therapist.

5. Telehealth-Specific Terms and Conditions

5.1 Client Location Requirement

You must be physically located within a state in which SHIFT Your Journey® holds an active license (listed in Section 2.2) at the time each session is conducted. It is your sole responsibility to confirm your physical location before each session. Sessions cannot lawfully proceed if you are physically located outside a licensed state.

5.2 Technical Requirements and Interruptions

You are responsible for ensuring a stable, private, and secure internet connection for all telehealth sessions. SHIFT Your Journey® is not liable for session interruptions, data breaches, or technical failures caused by your equipment, network provider, or third-party platform outages. In the event of a technical failure:

Your therapist will attempt to contact you by phone within ten (10) minutes of disconnection
If reconnection is not possible, your therapist may reschedule your session within 48 hours

5.3 Session Environment

You agree to participate in sessions from a private, confidential location where you cannot be overheard by others. Recording of sessions by clients is strictly prohibited. All sessions may be subject to clinical supervision in accordance with applicable licensing requirements and ethical standards.

5.4 Platform Updates

The Practice reserves the right to change its telehealth platform at any time. Notice of platform changes will be provided no less than seven (7) days in advance except in the case of urgent security concerns.

6. Consent for SMS Text Message Communications

6.1 Clinical and Operational Text Messages

By providing your phone number to SHIFT Your Journey®, you consent to receive SMS text messages for the following clinical and operational purposes: appointment requests follow-up, reminders and confirmations, scheduling changes or cancellations, intake paperwork notifications, billing inquiries, and general two-way administrative communication related to your care. These messages are considered healthcare operational communications. Message frequency varies based on your appointment schedule and administrative needs. Message and data rates may apply.

6.2 Marketing and Promotional Text Messages

Separately and in addition to clinical communications, you may consent to receive SMS marketing messages including information about new services, mental health resources, practice updates, and community events. Consent to marketing messages is entirely voluntary and is NOT required to receive clinical services. You may opt into marketing communications by affirmatively indicating your consent at the time of enrollment. Consent to marketing messages may be revoked at any time without affecting your ability to receive clinical services.

6.3 Opt-Out and Revocation of Consent

You have the right to opt out of SMS communications at any time using any of the following methods:

Reply STOP to any SMS message to opt out of that message category
Contact us by email at Hello@shiftyourjourney.com
Call or text us at 914-221-3200
Submit a written request to our office

Opt-out requests will be honored within ten (10) business days of receipt, in compliance with the FCC Opt-Out Rule (effective April 11, 2025). After opting out of marketing messages, you may continue to receive clinical and operational messages necessary for your care unless you specifically opt out of those as well. Opting out of clinical messages may impact our ability to provide timely care coordination.

We will send one (1) post-revocation confirmation message acknowledging your opt-out request. Records of opt-out requests are maintained for a minimum of four (4) years in accordance with TCPA requirements.

6.4 General SMS Provisions

Reply HELP to any message for assistance. For additional support, contact Hello@shiftyourjourney.com. Consent to SMS communications is not a condition for the purchase of any goods or services. The Practice does not share your mobile number with third parties for their marketing purposes.

7. Intellectual Property

The Service, including all content, features, branding, materials, and functionality, is the exclusive property of SHIFT Your Journey Mental Health Counseling, PLLC and its licensors. All rights, titles, and interests, including all intellectual property rights, are owned by SHIFT Your Journey®.

You may not use, copy, reproduce, distribute, transmit, broadcast, display, license, create derivative works from, or otherwise exploit any part of the Service without express prior written permission from us, except as expressly permitted by applicable law. Unauthorized use may violate copyright, trademark, and other applicable laws.

Client testimonials displayed on our website and marketing materials are anonymous. All identifying information, including names, is removed prior to publication. If you believe you can identify yourself in any testimonial and wish to have it removed, please contact us at Hello@shiftyourjourney.com.

8. Links to Third-Party Websites

Our Service may contain links to third-party websites or services not owned or controlled by SHIFT Your Journey®. These links are provided for your convenience and reference only. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party websites.

We encourage you to review the terms of service and privacy policies of any third-party sites you visit. SHIFT Your Journey® shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by your use of or reliance on any such third-party content, goods, or services.

9. Disclaimer of Warranties

You agree that your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, express or implied. SHIFT Your Journey® makes no warranties regarding the suitability, reliability, accuracy, availability, or fitness of the Service for any particular purpose.

We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected. We disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Nothing in this disclaimer limits or excludes any warranty that cannot be lawfully disclaimed under applicable state or federal law.

10. Limitation of Liability

To the maximum extent permitted by applicable law, SHIFT Your Journey Mental Health Counseling, PLLC, its owners, officers, therapists, employees, contractors, and agents shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with your use of the Service, even if advised of the possibility of such damages.

In no event shall the Practice’s total aggregate liability to you for all claims arising out of or relating to the Service exceed the total amount of fees paid by you to SHIFT Your Journey® in the three (3) calendar months immediately preceding the event giving rise to the claim.

This limitation of liability applies to all causes of action in the aggregate, including but not limited to breach of contract, tort, negligence, strict liability, and any other legal or equitable theory. Some jurisdictions do not allow limitations on certain warranties or damages; in such jurisdictions, liability shall be limited to the fullest extent permitted by law.

11. Dispute Resolution

11.1 Informal Resolution

We believe most concerns can be resolved through direct communication. Before initiating any formal legal proceeding, you agree to contact us at Hello@shiftyourjourney.com and allow thirty (30) calendar days for good-faith efforts to resolve the dispute informally.

11.2 Mediation

If informal resolution is unsuccessful, either party may request non-binding mediation administered by a mutually agreed-upon mediator in Westchester County, New York, before initiating arbitration or litigation. Mediation costs shall be shared equally unless otherwise agreed.

11.3 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions, as SHIFT Your Journey® is a New York PLLC. You acknowledge and agree that the state and federal courts located in Westchester County, New York shall have exclusive jurisdiction over any dispute not resolved through mediation.

You further acknowledge that the laws of the state in which you receive services may impose additional rights and obligations beyond New York law, particularly regarding mental health confidentiality, minor client rights, telehealth practice standards, and mandatory reporting. Nothing in this section waives any right or protection afforded to you under the law of your state.

11.4 Severability; Waiver

If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

12. Termination

We reserve the right to terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms, violation of any applicable law or regulation, conduct that threatens the safety of any individual, or actions that undermine the therapeutic relationship.

Termination of access to the Service does not terminate your clinical relationship with your therapist except in accordance with applicable professional ethical standards and applicable law. Clinical termination will be handled in accordance with your Informed Consent and Service Agreement and applicable codes of professional ethics.

The following provisions survive termination: Section 7 (Intellectual Property), Section 9 (Disclaimer of Warranties), Section 10 (Limitation of Liability), Section 11 (Dispute Resolution), and any other provision that by its nature should survive.

13. Good Faith Estimates & No Surprises Act

In compliance with the No Surprises Act (effective January 1, 2022), you have the right to receive a Good Faith Estimate of expected costs before beginning services. If you are uninsured or choose to pay out of pocket, we will provide you with a written Good Faith Estimate of anticipated charges prior to your first appointment.

If you receive a bill that is $400 or more above your Good Faith Estimate, you may dispute the bill. For questions about your right to a Good Faith Estimate, visit www.cms.gov or contact our office. Additional information is available at www.shiftyourjourney.com/nosurpriseact.

14. Changes to These Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. Material changes will be posted to our website and communicated to active clients at least thirty (30) days before the revised Terms take effect. Non-material updates (such as contact information corrections) may take effect immediately upon posting.

By continuing to access or use the Service after revised Terms take effect, you agree to be bound by the updated Terms. If you do not agree to the updated Terms, you must discontinue use of the Service and contact us regarding the impact on your clinical care.

15. Contact Us

If you have questions, concerns, or requests regarding these Terms, your privacy rights, your treatment records, or any other matter, please contact us at:

SHIFT Your Journey® Mental Health Counseling, PLLC

75 S. Broadway, 4th Floor

White Plains, NY 10601

Phone: 914-221-3200

Email: Hello@shiftyourjourney.com

Website: www.shiftyourjourney.com

Administrative Office Hours: Monday–Friday, 9:00 AM–4:00 PM EST