SoundQuest Station

1. Acceptance of Terms

These Terms & Conditions (“Terms”) govern your access to and use of the SoundQuest Station App, SoundQuestStation.App web application, and the website at www.soundqueststation.app (collectively, the “Platform”), operated by SoundQuest Station — Music Gaming & Beyond Inc. (“SoundQuest Station,” “we,” “us,” “our”). Clinical telehealth services offered within the Platform are provided by Flourish Foundation Project Inc. and/or licensed mental health practitioners it contracts with in various states (“Flourish Providers”).

By accessing or using the Platform, you agree to these Terms and our Privacy Policy and acknowledge the separate HIPAA Notice of Privacy Practices applies to telehealth services. If you do not agree, do not use the Platform.

2. Definitions

Unsubscribed Services: non-clinical content and features (educational/entertainment, wellness awareness, community chat).
Telehealth Services: clinical services delivered by Flourish Providers to eligible users with an active subscription/enrollment.
User Content: any content you submit or post (e.g., chat messages).
School Account: access provided through an educational institution (FERPA-governed data).

3. Eligibility, Age Verification & Parental Consent

The Platform is intended for users 18+.
Users under 18 may use the Platform only with verified parental/legal guardian consent. The Platform is not recommended for users under 14.
A required pop-up at sign-up/login will ask you to confirm either (a) you are 18+, or (b) you are a parent/legal guardian who consents to the minor’s use and accepts full supervisory responsibility.
Consent Logging: When you accept the pop-up, we may record the date/time, IP address, and device information for compliance, security, and legal purposes.
Parental Responsibility: If you allow a minor to use the Platform, you agree to supervise the minor’s activity and release and hold harmless SoundQuest Station, Flourish Foundation Project Inc., their affiliates, officers, directors, employees, contractors, and providers from any claims arising from such use, except where prohibited by law.

4. Description of Services

Unsubscribed Services: wellness, educational/entertainment content, community features — not medical care and not a substitute for professional diagnosis or treatment.
Telehealth Services: available to eligible users who complete enrollment and meet state, insurance, and clinical requirements; services are delivered by Flourish Providers (not by SoundQuest Station).

5. Medical Disclaimer; No Emergency Services

No Medical Advice: Unsubscribed Services provide general wellness education only. Always seek the advice of a licensed professional for diagnosis or treatment.
Emergencies: The Platform does not provide emergency services. In an emergency, call 911 or your local emergency number.
988 Resource: For crisis support, you may call or text 988 or visit 988lifeline.org. We are not affiliated with 988; following any 988 link leaves the Platform.

6. Telehealth Services & Provider Relationships

Telehealth Services are provided by Flourish Foundation Project Inc. and licensed practitioners it contracts with. SoundQuest Station is not a medical group and does not itself provide clinical care.
Telehealth Services may depend on: your state of residence, provider licensing, insurance eligibility, and clinical appropriateness. You consent to our collecting your state/location details to facilitate lawful in-state provider matching.
Your Telehealth Services are subject to a separate HIPAA Notice of Privacy Practices and any informed consent documents your provider requires.

7. School/Institutional Use (FERPA)

For School Accounts, educational records are governed by FERPA. Where a student receives Telehealth Services, those specific clinical records are governed by HIPAA and not FERPA.

8. Accounts, Accuracy & Security

You agree to provide accurate information and keep your credentials secure. You are responsible for all activity under your account. Notify us immediately of any suspected unauthorized use.

9. Community Features; User Conduct

The Platform includes moderated community chat. We use automated filters to block many offensive terms and identifiable location details, but no filter can block all prohibited content. Use caution and do not post personal or sensitive information.
You agree not to: harass, threaten, or harm others; share private or location-identifying data; post unlawful/obscene content; infringe third-party rights; or attempt to disrupt the Platform.
We may remove content, restrict features, or suspend/terminate accounts for violations.

10. User Content License

By posting User Content, you grant SoundQuest Station a non-exclusive, worldwide, royalty-free license to host, store, display, and transmit that content solely to operate and secure the Platform and enforce these Terms. You represent and warrant you have all necessary rights to your User Content.

11. Intellectual Property; Limited License

The Platform, including text, graphics, logos, and software, is owned by SoundQuest Station or its licensors and protected by law. We grant you a limited, revocable, non-transferable license to use the Platform for its intended purposes. You may not reverse engineer, copy, or exploit the Platform.

12. Payments, Subscription, and Billing (If Applicable)

If portions of the Platform require fees (e.g., Telehealth enrollment), you agree to pay applicable charges, taxes, and any cancellation/no-show fees your provider sets. Third-party processors may handle payments subject to their terms.

13. Third-Party Links & Services

The Platform may contain links to third-party sites and services (including 988). We do not control or endorse third-party content and are not responsible for their practices or policies.

14. Privacy; HIPAA & FERPA

Your use is governed by our Privacy Policy. Telehealth Services are governed by the HIPAA Notice of Privacy Practices. School Accounts are governed by FERPA for educational records. In the event of a conflict, HIPAA controls for Telehealth Services and FERPA controls for School Accounts.

15. Consent to Electronic Communications

You consent to receive notices and disclosures electronically, including in-app notices, email, or website postings. Keep your contact details current.

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM (INCLUDING UNSUBSCRIBED SERVICES) IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITATION, WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOUNDQUEST STATION, FLOURISH FOUNDATION PROJECT INC., THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; OR FOR LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM OR TELEHEALTH SERVICES.

Our total liability for any claim shall not exceed the greater of: (a) $100, or (b) the total amount you paid to us for Platform access in the three (3) months preceding the claim.

18. Indemnification

You agree to defend, indemnify, and hold harmless SoundQuest Station, Flourish Foundation Project Inc., and their affiliates, officers, directors, employees, contractors, and providers from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use or misuse of the Platform; (b) your User Content; (c) your violation of these Terms or law; or (d) any activity under your account.

19. Suspension; Termination

We may suspend or terminate your access at any time for any reason, including violations of these Terms, threats to Platform security, or unlawful conduct. Sections that by nature should survive termination will survive (e.g., IP, disclaimers, limitations, indemnification, governing law, dispute resolution).

20. Governing Law; Venue; Arbitration; Class-Action Waiver

Governing Law: North Carolina law (without regard to conflicts of law).
Venue: State or federal courts located in Mecklenburg County, North Carolina.
Arbitration: At our election, any dispute relating to these Terms or the Platform may be resolved by binding individual arbitration under the rules of the American Arbitration Association. Judgment on the award may be entered in any court of competent jurisdiction.
Class-Action Waiver: You agree to bring claims only on an individual basis. You waive the right to participate in a class or representative action.

21. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control (e.g., acts of God, internet outages, strikes, war, pandemics, government actions).

22. Changes to the Terms

We may update these Terms at any time. We will post the updated Terms with a new effective date. Your continued use after changes constitutes acceptance. If you do not agree, stop using the Platform.

23. Assignment

You may not assign these Terms. We may assign our rights and obligations, in whole or part, at any time.

24. Severability; Entire Agreement; No Waiver

If a provision is found unenforceable, it will be limited or eliminated to the minimum extent necessary and the remainder will remain in effect. These Terms, together with the Privacy Policy and (for Telehealth) the HIPAA Notice of Privacy Practices, constitute the entire agreement. No waiver is effective unless in writing.

25. Contact Information

General & Website Inquiries
SoundQuest Station — Music Gaming & Beyond Inc.
Website: www.soundqueststation.app
Email: info@soundqueststation.com

Telehealth Inquiries
Flourish Foundation Project Inc.
Website: www.flourish.foundation
Email: info@flourish.foundation

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PLATFORM.

Notice of Privacy Practices

(“Notice”)

This Notice of Privacy Practices (“Notice”) describes how SoundQuest Station — Music Gaming & Beyond Inc. (“SoundQuest Station”), Flourish Foundation Project Inc. (“Flourish Foundation Project”), and all contracted licensed mental health professionals, affiliates, volunteers, and peer support providers (collectively “we,” “our,” or “us”) may use and disclose Protected Health Information (“PHI”) and how you can access your information.

1. Introduction & Scope

This Notice applies to:

All clinical and telehealth services provided through our app, web app, and websites.
All records maintained in any format (electronic, paper, or verbal).
All HIPAA-covered entities within our network.

We are committed to protecting your privacy in accordance with:

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations.
Applicable state privacy laws, including the California Consumer Privacy Act (CCPA) and the New York SHIELD Act.

Clinical services are provided by Flourish Foundation Project Inc. or other contracted, licensed providers in their respective states. Our unsubscribed user version of the app is intended solely for educational and wellness purposes and does not provide clinical services. HIPAA protections apply only to PHI collected during subscribed, clinical services.

2. Definitions

Protected Health Information (PHI): Any information, including demographic data, that identifies you and relates to your health condition, provision of healthcare, or payment for healthcare.
Electronic PHI (ePHI): PHI that is created, stored, transmitted, or received electronically.
Treatment: Provision, coordination, or management of healthcare services.
Payment: Activities to obtain or provide reimbursement for healthcare services.
Healthcare Operations: Administrative, financial, legal, and quality improvement activities necessary to run our services.

3. Permitted Uses & Disclosures Without Authorization

We may use or disclose your PHI without your written authorization for:

Treatment – To coordinate your care between providers.
Payment – To bill and collect payment for services rendered.
Healthcare Operations – Quality assessment, staff training, and accreditation.
Public Health Activities – Reporting communicable diseases or adverse events.
Abuse, Neglect, or Domestic Violence Reporting – As required by law.
Judicial & Administrative Proceedings – In response to a court order or subpoena.
Law Enforcement Purposes – As required by law.
Research – When approved by an Institutional Review Board and in compliance with HIPAA.
Serious Threats to Health or Safety – To prevent or lessen a serious threat.
Specialized Government Functions – Military, national security, or protective services.
Workers’ Compensation – As authorized by and to the extent necessary to comply with laws.

4. Uses & Disclosures Requiring Written Authorization

We will obtain your written authorization before using or disclosing your PHI for:

Marketing purposes.
Sale of your information.
Disclosure of psychotherapy notes.

You may revoke your authorization in writing at any time, except to the extent that action has already been taken.

5. Your Rights

Access your PHI in paper or electronic form.
Request Amendments to your PHI if you believe it is incorrect or incomplete.
Receive an Accounting of Disclosures made in the six years prior to your request.
Request Restrictions on certain uses and disclosures.
Request Confidential Communications by alternative means.
Obtain a Paper Copy of this Notice upon request.
File a Complaint without fear of retaliation.

6. Safeguards to Protect Your Information

We maintain:

Administrative Safeguards: Staff training, confidentiality agreements, and role-based access controls.
Technical Safeguards: HIPAA-compliant encryption, secure data transmission, and multi-factor authentication.
Physical Safeguards: Secured offices, locked file storage, and controlled facility access.

7. Special Protections

Certain categories of PHI receive heightened protection under federal and state law, including:

Psychotherapy notes.
Substance use disorder treatment records.
HIV/AIDS-related information.

We will comply with all applicable restrictions before disclosing such information.

8. Breach Notification

If a breach of your unsecured PHI occurs, we will:

Notify you without unreasonable delay and no later than 60 days after discovery.
Include a description of the breach, the PHI involved, and recommended steps to protect yourself.
Notify the U.S. Department of Health & Human Services and, when applicable, the media.

9. Retention & Secure Destruction

We retain PHI for the minimum period required by federal and state laws. After this period, PHI is securely destroyed using approved methods, such as shredding or secure deletion.

10. Minors & Parental Consent

Our services are recommended for users age 18 and older.

Minors under 18 may only use clinical services with verified parental or legal guardian consent.
The unsubscribed app version is intended for general wellness education and is not a substitute for clinical care.
Parents/guardians are responsible for monitoring and consenting to their child’s use.
We recommend users under 14 not use the app without direct parental oversight.

11. Community Chat Disclaimer

We provide moderated chat spaces for educational and peer support purposes.

Offensive language filters and location data blocks are in place, but cannot guarantee all prohibited content will be blocked.
Users should exercise caution and never share personal identifying information.
We are not responsible for user-generated content.

12. No Emergency Services / 988 Disclaimer

We do not provide emergency or crisis intervention services.
If you are in crisis, call or text 988 or use webchat at 988lifeline.org.
This link is provided as a courtesy; we are not affiliated with 988.
By clicking the 988 link in our app or site, you will leave our platform.
You may contact 988 directly at any time.

13. State-Specific Rights

California Residents: Under CCPA, you have the right to know, delete, and opt out of the sale of your personal information. We do not sell personal information. Requests can be made to the contact listed below.

New York Residents: Under the SHIELD Act, we implement reasonable safeguards to protect your private information and will notify you promptly of any data breach.

14. Changes to this Notice

We reserve the right to change this Notice and apply the changes to PHI we already hold. Updates will be posted on our app, web app, and websites.

15. Complaints & Contact Information

If you believe your privacy rights have been violated, you may contact:

SoundQuest Station — Music Gaming & Beyond Inc.
Website: www.soundqueststation.app
Email: info@soundqueststation.com

Flourish Foundation Project Inc.
Website: www.flourish.foundation
Email: info@flourish.foundation

You may also file a complaint with:

Office for Civil Rights (OCR), U.S. Department of Health & Human Services
Website: www.hhs.gov/ocr/privacy/hipaa/complaints

We will not retaliate for filing a complaint.

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