TERMS AND CONDITIONS

Lunajoy Health, Inc.

These terms and conditions of use govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Lunajoy Health, Inc., including the https://wwww.hellolunajoy.com website (the "Site"), as well as the services ("Services") and products ("Products") available to users through the Site. Lunajoy Health, Inc. ("Lunajoy", "we," "us," and "our") contracts with d/b/a Thrivinglane, LLC. Regarding online telehealth medical treatments/consultations and secure messaging between Thrivinglane,LLC clinicians/therapists/nurses/care managers/coaches/care coordinators/care navigators/prescribers/doctors/physician assistants (individually the "Provider" and collectively the "Providers") and their patients. The professional medical services (which are provided by Lunajoy and its affiliates) and the non-clinical Site services (which are provided by Lunajoy and its affiliates) are collectively referred to in this Terms of Use as the "Services". The terms "you" and "your" means you, your dependent(s) if any, and any other person involved in your treatment by Lunajoy and it's affiliates.

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services and purchase of Products. By clicking "accept", you acknowledge that you have read, understand, and accept all terms and conditions contained within the terms and conditions. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.

Binding Arbitration. These Terms of Use provide that all disputes between you and Lunajoy Health, Inc and its affiliates. That in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Lunajoy.

HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT (HIPAA)

This document contains important information about federal law, the Health Insurance Portability and Accountability Act (HIPAA), that provides privacy protections and patient rights with regard to the use and disclosure of your Protected Health Information (PHI) used for the purpose of treatment, payment, and health care operations.

HIPAA requires that we provide you with a Notice of Privacy Practices (the Notice) for use and disclosure of PHI for treatment, payment and health care operations. The Notice explains HIPAA and its application to your PHI in greater detail.

You acknowledge that we have provided you with this. If you have any questions, it is your right and obligation to ask so we can have a further discussion prior to signing this document. When you sign this document, it will also represent an agreement between us. You may revoke this Agreement in writing at any time. That revocation will be binding unless we have taken action in reliance on it.

LIMITS ON CONFIDENTIALITY

The law protects the privacy of all communication between a patient and a healthcare provider. In most situations, we can only release information about your treatment to others if you sign a written authorization form that meets certain legal requirements imposed by HIPAA. There are some situations where we are permitted or required to disclose information without either your consent or authorization.

If such a situation arises, we will limit our disclosure to what is necessary. Reasons we may have to release your information without authorization:

If you are involved in a court proceeding and a request is made for information concerning your diagnosis and treatment, such information is protected by the psychologist-patient privilege law. We cannot provide any information without your (or your legal representative's) written authorization, or a court order, or if we receive a subpoena of which you have been properly notified and you have failed to inform me that you oppose the subpoena. If you are involved in or contemplating litigation, you should consult with an attorney to determine whether a court would be likely to order me to disclose information.

If a government agency is requesting the information for health oversight activities, within its appropriate legal authority, we may be required to provide it for them.

If a patient files a complaint or lawsuit against us, we may disclose relevant information regarding that patient in order to defend ourselves.

If a patient files a worker's compensation claim, and we are providing necessary treatment related to that claim, we must, upon appropriate request, submit treatment reports to the appropriate parties, including the patient's employer, the insurance carrier or an authorized qualified rehabilitation provider.

We may disclose the minimum necessary health information to our business associates that perform functions on our behalf or provide us with services if the information is necessary for such functions or services. Our business associates sign agreements to protect the privacy of your information and are not allowed to use or disclose any information other than as specified in our contract. There are some situations in which we are legally obligated to take actions, which we believe are necessary to attempt to protect others from harm, and we may have to reveal some information about a patient's treatment:

If we know, or have reason to suspect, that a child under 18 has been abused, abandoned, or neglected by a parent, legal custodian, caregiver, or any other person responsible for the child's welfare, the law requires that we file a report with the state and/or state specific organizations. Once such a report is filed, we may be required to provide additional information.

If we know or have reasonable cause to suspect that a vulnerable adult has been abused, neglected, or exploited, the law requires that we file a report with the state and/or state specific organizations. Once such a report is filed, I may be required to provide additional information.

If we believe that there is a clear and immediate probability of physical harm to the patient, to other individuals, or to society, we may be required to disclose information to take protective action, including communicating the information to the potential victim, and/or appropriate family member, and/or the police or to seek hospitalization of the patient.

CLIENT RIGHTS AND CLINICIANS DUTIES

Use and Disclosure of Protected Health Information:

For Treatment - We use and disclose your health information between our LunaJoy providers for coordination of care purposes. Your records also may be released to other healthcare providers that are involved in your medical care as a way to ensure collaboration and coordination of care for you between both treatment teams. These records might involve sharing mental health and medical information, test results, treatment plans, and other relevant details. Aside from these circumstances, if we wish to provide information outside of our practice for your treatment by another health care provider, we will have you sign an authorization for release of information. A release of information is required for most uses and disclosures of psychotherapy notes. By acknowledging the above, you give us consent to import and review medication provided by SureScripts.

For Payment - We may use and disclose your health information to obtain payment for services provided to you as delineated in the Therapy Agreement.

For Operations - We may use and disclose your health information as part of our internal operations. For example, this could mean a review of records to assure quality. We may also use your information to tell you about services, educational activities, and programs that we feel might be of interest to you.

Patient's Rights:

Right to Treatment - You have the right to ethical treatment without discrimination regarding race, ethnicity, gender identity, sexual orientation, religion, disability status, age, or any other protected category.

Right to Confidentiality - You have the right to have your health care information protected. If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will agree to such unless a law requires us to share that information.

Right to Request Restrictions - You have the right to request restrictions on certain uses and disclosures of protected health information about you. However, we are not required to agree to a restriction you request.

Right to Receive Confidential Communications by Alternative Means and at Alternative Locations - You have the right to request and receive confidential communications of PHI by alternative means and at alternative locations.

Right to Inspect and Copy - You have the right to inspect or obtain a copy (or both) of PHI. Records must be requested in writing and release of information must be completed. Furthermore, there is a copying fee charge of $1.00 per page. Please make your request well in advance and allow 2 weeks to receive the copies. If we refuse your request for access to your records, you have a right of review, which we will discuss with you upon request.

Right to Amend - If you believe the information in your records is incorrect and/or missing important information, you can ask us to make certain changes, also known as amending, to your health information. You have to make this request in writing. You must tell us the reasons you want to make these changes, and we will decide if it is and if I refuse to do so, we will tell you why within 60 days.

Right to a Copy of This Notice - If you received the paperwork electronically, you have a copy in your email. If you completed this paperwork in the office at your first session a copy will be provided to you per your request or at any time.

Right to an Accounting - You generally have the right to receive an accounting of disclosures of PHI regarding you. On your request, I will discuss with you the details of the accounting process.

Right to Choose Someone to Act for You - If someone is your legal guardian, that person can exercise your rights and make choices about your health information; we will make sure the person has this authority and can act for you before we take any action.

Right to Choose - You have the right to decide not to receive services with LunaJoy and its providers. If you wish, we will provide you with names of other qualified professionals.

Right to Terminate - You have the right to terminate therapeutic services with us at any time without any legal or financial obligations other than those already accrued. We ask that you discuss your decision with your clinician in session before terminating or at least contact LunaJoy by phone letting us know you are terminating services.

Right to Release Information with Written Consent - With your written consent, any part of your record can be released to any person or agency you designate. Together, we will discuss whether or not we think releasing the information in question to that person or agency might be harmful to you.

Clinician's Duties: We are required by law to maintain the privacy of PHI and to provide you with a notice of our legal duties and privacy practices with respect to PHI. We reserve the right to change the privacy policies and practices described in this notice. Unless we notify you of such changes, however, we are required to abide by the terms currently in effect. If we revise our policies and procedures, we can provide you with a revised notice over electronic communication or mail.

Your signature below indicates that you have read this agreement and agree to its terms and also serves as an acknowledgment that you have received the HIPAA notice form described above.

INFORMED CONSENT

I understand practice policies, HIPAA and consent. I have discussed any questions that I have regarding this information with Thriving Lane LLC/ LunaJoy Health Inc. My signature below indicates that I am voluntarily giving my informed consent to receive coaching, therapy, and/or medication management services and agree to abide by the agreement and policies listed in this consent. I authorize Thriving Lane LLC/ LunaJoy Health Inc and/or its providers to provide therapy and/or medication management services that are considered necessary and advisable.

I authorize the release of treatment and diagnosis information necessary to process bills for services to my insurance company, and request payment of benefits to Thriving Lane LLC/ LunaJoy Health Inc. I acknowledge that I am financially responsible for payment whether or not covered by insurance. I understand, in the event that fees are not covered by insurance, Thriving Lane LLC/ LunaJoy Health Inc may utilize payment recovery procedures after reasonable notice to me, including a collection company or collection attorney.

Consent to Treatment of Minor Child(ren): I hereby certify that I have the legal right to seek mental health treatment for minor(s) in my custody and give permission to Thriving Lane LLC/ LunaJoy Health Inc and its providers to provide treatment to my minor child(ren). If I have unilateral decision-making capacity to obtain mental health services for my minor, I will provide the appropriate court documentation to Thriving Lane LLC/ LunaJoy Health Inc prior to or at the initial session. Otherwise, I will have the other legal parent/guardian sign this consent for treatment prior to the initial session.

Consent to Telehealth: Telehealth is typically an electronic transmission of data, using video calling, using technologies provided by the electronic health record, for improved patient access and convenience, which can result in a better patient care experience. Telehealth does have some considerations:

The inability to have direct, physical contact with the patient is a primary difference between telehealth and direct in-person service delivery. I agree that the clinician determines whether or not the condition being diagnosed and/or treated is appropriate for a telemedicine encounter

The knowledge, experiences, and qualifications of the EHR providing data and information to the provider of the telehealth services need not be completely known to and understood by the practice. AdvancedMD does take active and layered security measures with the use of telemedicine technologies.

In addition, the quality of transmitted data may affect the quality of services provided by the provider. The patient agrees to hold the clinician and Thriving Lane LLC/ LunaJoy Health Inc harmless for information lost due to technical failures.

The practice may, in some cases, be required to forward patient-identifiable information to a third party, for instance upon request by your insurance company. This is not different than the requirements for other non-telehealth medical records.

Consent to Share Information with Your Other Healthcare Providers:

By signing this consent, you agree that we can communicate with other healthcare providers involved in your care. Your records may be released to other healthcare providers (SUCH AS BUT NOT LIMITED TO PCPs, OBGYN, ETC), without a separate release of information, that are involved in your care as a way to ensure collaboration and coordination of care for you between both treatment teams. These records may involve but not limited to sharing mental health and medical information, test results, treatment plans, and other relevant details. We also may request medical records from your healthcare providers and HIEs, including but not limited to prescription drug monitoring programs (PDMP), pharmacy, and healthcare systems that you may be receiving care from.

BILLING AUTHORIZATION

All professional services rendered are charged to the patient and are due at the time of service.

I hereby assign all medical and mental health benefits, to include major medical benefits to which I am entitled. I hereby authorize and direct my insurance carrier(s), including Medicare, private insurance and any other mental health/medical plan, to issue payment check(s) directly to Thriving Lane LLC/ LunaJoy Health Inc for coaching/therapy/medication management services rendered to myself and/or my dependents regardless of my insurance benefits, if any.

I am aware that there may be a coinsurance or deductible balance after my claim processes with my insurance carrier. These amounts are based on my individual plan with the insurance carrier. I authorize LunaJoy to charge the card on file for any outstanding insurance balance at that time.

I understand that I am responsible for any amount not covered by insurance.

I understand there is a $50 NO-SHOW FEE FOR ANY APPOINTMENT NOT CANCELED WITHIN 48 HOURS NOTICE.

I authorize Thriving Lane LLC/ LunaJoy Health Inc to release information necessary to insurance carriers regarding my therapy and sessions. I understand that my clinician may be required to release certain information to the insurance company at their request in order to procure necessary authorizations and or process claims for payment. This information may include, but is not limited to types of service, dates of service, times of service, diagnosis, treatment plans, progress of therapy/medication management and at times, treatment notes and/or summaries. I authorize the release of such information if necessary, understanding the limits of confidentiality regarding the use of my insurance benefits.

I also acknowledge receipt of Lunajoy's Notice of Privacy Practices.

I have requested therapy/medication management/coaching services from Thriving Lane LLC/ LunaJoy Health Inc on behalf of myself and/or my dependents, and understand that by making this request, I become fully financially responsible for any and all charges incurred in the course of the treatment authorized.

I understand and agree with the above notices, and consent to using telehealth at Thriving Lane LLC/ LunaJoy Health Inc.

DISPUTE RESOLUTION; ARBITRATION AGREEMENT

We will try to work in good faith to resolve any issue you have with Site, including Products and Services procured through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

You and Lunajoy agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including Products and Services procured through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these terms and conditions, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Lunajoy are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these terms and conditions and any other contractual relationship between you and Lunajoy.

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Lunajoy agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to thef extent necessary to provide relief warranted by that party's individual claim.

If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for the State of Delaware, USA.

ACKNOWLEDGEMENTS

I ACKNOWLEDGE that any request to Lunajoy is not an emergency or urgent matter.

If you are or believe you are experiencing a medical or psychiatric emergency, including suicidal or homicidal thinking, side effects to medication, or any other urgent or time-sensitive matter in which you need an immediate response, DO NOT use this service. You can access emergency assistance by calling the National Suicide Prevention Lifeline at 1-800-273-8255 or by calling 911.

I UNDERSTAND that due to federal regulations, Lunajoy Health, Inc d/b/a Thrivinglane, LLC is unable to prescribe controlled substances (Adderall, Ritalin, Xanax, Klonopin, etc). v1.3