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.
