Terms of Service
Last updated: March 7, 2026
Agreement to Terms
By accessing and using TMS Nearby ("we," "us," "our"), you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.
These terms apply to all users of our website, including visitors browsing our directory, healthcare providers submitting listings, and patients seeking treatment information.
We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting. Your continued use constitutes acceptance of updated terms.
Description of Service
TMS Nearby operates a comprehensive directory of mental health clinics offering specialized treatments including:
- Transcranial Magnetic Stimulation (TMS) therapy
- Esketamine (Spravato) treatment
- Intramuscular (IM) Ketamine therapy
Our services include:
- Searchable directory of treatment providers
- Educational content about mental health treatments
- Provider verification and listing management
- Treatment information and resources
- Connection services between patients and providers
We do not provide medical services, diagnoses, treatment, or medical advice.
Medical Disclaimers
No Medical Advice
TMS Nearby does not provide medical advice, diagnosis, treatment recommendations, or professional medical services. All information on our website is for educational and informational purposes only and should not replace consultation with qualified healthcare providers.
Treatment Decisions
All medical decisions should be made in consultation with qualified healthcare providers who can assess your individual circumstances, medical history, and treatment needs. Never delay seeking medical advice or disregard professional medical advice because of information found on TMS Nearby.
Emergency Situations
If you are experiencing a mental health emergency or having thoughts of self-harm, contact emergency services immediately (911) or call the 988 Suicide & Crisis Lifeline. TMS Nearby is not equipped to handle medical emergencies.
Provider Independence
Healthcare providers listed in our directory are independent practitioners. TMS Nearby does not employ these providers, control their practice, or assume responsibility for their medical services, treatment outcomes, or professional conduct.
User Responsibilities
When using TMS Nearby, you agree to:
- Provide accurate and truthful information in any forms or communications
- Use our services only for lawful purposes and in accordance with these terms
- Respect the intellectual property rights of TMS Nearby and third parties
- Not attempt to disrupt or interfere with our website's functionality
- Not use automated systems to access or extract data from our website
- Maintain the confidentiality of any account credentials
- Notify us promptly of any unauthorized use of your account
Prohibited Activities
You may not use our services to:
- Submit false, misleading, or fraudulent information
- Impersonate healthcare providers or other entities
- Distribute spam, malware, or harmful content
- Violate any applicable laws or regulations
- Infringe on the rights of others
Information Accuracy and Updates
We strive to maintain accurate and up-to-date information in our directory, but we cannot guarantee the accuracy, completeness, or timeliness of all information. Provider information, treatment availability, and other details may change without notice.
Users are responsible for:
- Verifying provider information directly with healthcare facilities
- Confirming treatment availability, costs, and insurance coverage
- Checking provider credentials and certifications independently
We encourage users to report inaccurate information to help us maintain directory quality.
Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms of Service.
By using our services, you consent to:
- Our collection and use of information as described in our Privacy Policy
- The use of cookies and similar technologies for website functionality
- Communication from us regarding your use of our services
Intellectual Property Rights
TMS Nearby and its content, including but not limited to text, graphics, logos, images, and software, are protected by intellectual property laws. All rights are reserved unless explicitly stated otherwise.
Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes in accordance with these terms.
User-Generated Content
By submitting content to TMS Nearby (such as clinic information or reviews), you grant us a non-exclusive, royalty-free license to use, display, and distribute such content in connection with our services.
Limitation of Liability
To the fullest extent permitted by law, TMS Nearby and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services.
We specifically disclaim liability for:
- Medical outcomes or treatment results
- Actions or omissions of healthcare providers
- Accuracy of provider information or availability
- Website downtime or technical issues
- Loss of data or business interruption
Our total liability to you for any claims arising from your use of our services shall not exceed $100.
Indemnification
You agree to indemnify and hold harmless TMS Nearby, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:
- Your use of our services or violation of these terms
- Your submission of false or misleading information
- Your violation of any applicable laws or third-party rights
Termination
We reserve the right to terminate or suspend your access to our services at any time, with or without notice, for any reason including violation of these terms.
You may discontinue use of our services at any time. Upon termination, your right to access and use our services will cease immediately.
Provisions of these terms that by their nature should survive termination will remain in effect, including intellectual property rights, disclaimers, and limitations of liability.
Governing Law and Disputes
These Terms of Service are governed by the laws of the United States and the state in which TMS Nearby is incorporated, without regard to conflict of law principles.
Any disputes arising from these terms or your use of our services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property violations.
Questions About These Terms
If you have questions about these Terms of Service, please contact us:
Email: hello@tmsnearby.com
Subject Line: Terms of Service Inquiry
We will respond to terms-related inquiries within 48 hours during business days.