Terms of Service

These Terms of Service ("Terms") govern your access to and use of tmsnearby.com (the "Site") operated by TMS Nearby ("we," "us," "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.

About the service

TMS Nearby is an online directory of mental health treatment clinics offering Transcranial Magnetic Stimulation (TMS), Esketamine (Spravato), IM Ketamine, and related treatments. We aggregate information from public sources and direct submissions and present it in a structured, searchable format.

The Service is informational only. Listing a clinic on TMS Nearby does not constitute an endorsement, recommendation, or guarantee of quality, qualifications, or outcomes.

No medical advice

Information on this Site is provided for general educational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions about a medical condition. Never disregard professional medical advice or delay seeking it because of something you read on TMS Nearby.

In a medical emergency, call 911 or go to your nearest emergency room. In a mental health crisis, call or text 988. Visit our crisis resources page for additional support options.

Accuracy of information

We make reasonable efforts to keep clinic listings accurate, but information can change without notice. Operating hours, treatments offered, contact details, insurance acceptance, and other information should always be verified directly with the clinic before you visit, book an appointment, or make any decision based on the listing.

We provide the Service on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of accuracy, completeness, merchantability, fitness for a particular purpose, and non-infringement.

Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in violation of applicable law
• Submit false, misleading, defamatory, or fraudulent clinic information
• Impersonate any person or entity, or misrepresent your affiliation
• Scrape, copy, or systematically download Site content without authorization
• Attempt to access non-public areas of the Site, interfere with its operation, or circumvent security measures
• Use the Site to harass, abuse, or harm clinics, providers, or other users
• Use automated means (bots, scripts, crawlers) to access the Site without permission
• Introduce malware, viruses, or other harmful code

Clinic submissions and featured listings

By submitting a clinic listing or upgrading to a featured listing, you represent that you have the authority to submit the information and that the information is accurate and complete to the best of your knowledge.

We reserve the right to edit, decline, suspend, or remove any listing at our sole discretion, with or without notice. Featured listings are subject to additional terms presented at the time of purchase.

Third-party links and services

The Site contains links to clinic websites, booking platforms, payment processors, and other third-party resources. We do not control these third parties and are not responsible for their content, privacy practices, terms of service, or the products and services they provide. Your interactions with third parties are solely between you and them.

Intellectual property

The Site design, branding, original written content, software, and organization are the property of TMS Nearby or our licensors and are protected by intellectual property laws. Clinic data sourced from public listings remains the property of those original sources.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit Site content without our express written permission.

Limitation of liability

To the maximum extent permitted by law, TMS Nearby and its officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or related to your use of the Service or any clinic visit, treatment, or interaction resulting from information found on the Service.

Our total liability to you for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you have paid to us, if any, for the Service in the twelve months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless TMS Nearby and its officers, employees, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Service, your violation of these Terms, or your violation of any rights of another party.

Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect information.

Changes to these Terms

We may modify these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent version. Continued use of the Site after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service.

Termination

We may terminate or suspend your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive — including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing law and disputes

These Terms are governed by the laws of the jurisdiction in which TMS Nearby operates, without regard to its conflict-of-law provisions. Any disputes arising out of or relating to these Terms or the Service shall be resolved through the appropriate courts in that jurisdiction.

Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Contact

For questions about these Terms, visit our contact page.

These Terms are provided as a starting point. We recommend consulting legal counsel to tailor them to your specific jurisdiction, business model, and operational details before relying on them.