Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement entered into by and between you (whether individually as a licensed practitioner or on behalf of your legal professional entity, collectively "User", "you", or "your") and NIVILIA WELLNESS LLP ("Nivilia Wellness", "LLP", "we", "us", or "our").

By accessing, browsing, evaluating, or interacting with https://nivilia.online (the "Website"), utilizing our interactive practice calculators, or booking discovery discussions through Google Calendar, you expressly agree to be bound by these Terms. If you do not agree with any provision herein, you must immediately discontinue use of the Website.

2. Corporate Entity Identification

The Website is owned and operated by NIVILIA WELLNESS LLP, a Limited Liability Partnership registered under the Limited Liability Partnership Act, 2008 and incorporated under the Ministry of Corporate Affairs (MCA), Government of India:

3. Relationship to Executed Client Agreements (MSA & BAA)

These Terms govern public browsing, informational review, exploratory scheduling, and telemetry interactions across this Website.

4. Non-Clinical Scope & Medical Disclaimer

Nivilia Wellness provides remote administrative operational support, patient intake triage, front-office communication coordination, and insurance revenue cycle reconciliation exclusively to licensed solo mental health clinicians (e.g., LCSW, LMFT, LPC, PsyD) in the United States.

• No Doctor-Patient Relationship: No clinician-patient, doctor-patient, or psychotherapist-patient relationship is created between Nivilia Wellness and any visitor, lead, or practitioner's patient.
• Exclusive Clinical Accountability: All clinical judgments, mental status assessments, diagnostic evaluations (ICD-10 coding), treatment interventions, and patient safety protocols remain the sole legal and ethical duty of the licensed practitioner.
• Zero Clinical Authority: Nivilia personnel never interpret psychotherapy notes, assess psychiatric risk, or provide clinical guidance.

5. Practice Economics & ROI Calculator Disclaimer

The interactive Practice Economics Calculator, break-even velocity indicators, and financial representations published on the Website are illustrative mathematical simulations based on standard industry medians (e.g., standard median $160/session rate, standard 12-session episodes of care, and published conversion benchmarks).

These tools do not constitute a guarantee, warranty, or formal banking representation of specific financial returns. Individual solo practice revenue depends on localized payer mixes, clinician caseload capacity, out-of-pocket pricing, and state licensing conditions.

While contracted clients benefit from our 30-Day Money-Back Guarantee as defined in their executed Master Service Agreement, website simulations alone do not create a binding financial warranty.

6. Third-Party Payer & CPT Modifier Disclaimers

Website references to CPT procedural codes (including CPT 90837, 90834, 90791, 90847), telehealth modifiers (Modifier 95, GT), Place of Service designations (POS 02, POS 10), and clearinghouse monitoring (Availity, Waystar, Office Ally) reflect standard industry workflows and administrative practices.

Nivilia Wellness does not warrant or guarantee that any commercial health insurer, Medicare administrative contractor, or Medicaid managed care organization will approve, remit, or pay any specific insurance claim. Insurance reimbursement determinations remain subject to independent third-party payer medical necessity criteria, plan-specific coverage limits, and patient deductible status.

7. Intellectual Property & Proprietary Rights

All original text, interactive software widgets, design frameworks, SVG graphics, editorial styling, standard operating procedures, objection frameworks, and operational proformas displayed on https://nivilia.online are the proprietary intellectual property of NIVILIA WELLNESS LLP, protected under domestic and international copyright, trademark, and trade secret laws.

8. Acceptable Use Policy

When interacting with the Website or communicating through our telephony lines, you agree not to:

• Submit fictitious, fraudulent, or deceptive clinical credentials, NPIs, or booking information;
• Attempt to transmit, upload, or introduce Protected Health Information (PHI) or identifiable patient therapy notes through public contact forms or unencrypted calendar links;
• Deploy automated scripts, bots, scrapers, or DDoS exploits that interfere with edge availability or exceed the crawl permissions defined in our authoritative robots.txt;
• Circumvent Cloudflare edge security defenses, penetration test our web perimeter, or probe system headers without explicit authorization;
• Misrepresent an affiliation with Nivilia Wellness or impersonate any member of our operational leadership.

9. Third-Party Platforms & External Links

The Website contains links, references, and compatibility notices regarding third-party platforms, including:

• Electronic Health Record systems: SimplePractice, TherapyNotes, Jane App;
• Clearinghouses & Portals: Availity Essentials, Waystar, Office Ally;
• Telephony & Schedulers: OpenPhone Technologies, Google Calendar;
• Cloud Infrastructure: Cloudflare, Inc.

All third-party trademarks and trade names remain the property of their respective owners. Their mention does not imply formal corporate sponsorship, affiliation, or endorsement. We exercise no control over the privacy policies or operational uptime of external third-party software platforms.

10. Disclaimer of Warranties

"As-Is" and "As-Available" Website Provision

The Website and all materials, calculations, and content contained herein are provided on an "as-is" and "as-available" basis without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, NIVILIA WELLNESS LLP disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular clinical or business purpose, and non-infringement.

We do not warrant that Website access will be uninterrupted, error-free, immune to malicious edge attacks, or that errors will be rectified immediately.

11. Limitation of Liability

To the maximum extent permitted by applicable statutory law, in no event shall NIVILIA WELLNESS LLP, its partners, officers, employees, affiliates, or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages—including lost profits, lost revenue, lost billable sessions, loss of practice goodwill, business interruption, or loss of prospective client inquiries—arising from or in connection with your use of, or inability to use, this public Website, even if advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, our total aggregate liability to you for any cause whatsoever, regardless of the form of the action, shall at all times be limited to the greater of: (a) fifty United States Dollars ($50.00 USD), or (b) the actual amount paid by you to Nivilia Wellness specifically for website access during the preceding twelve (12) months.

12. Indemnification

You agree to defend, indemnify, and hold harmless NIVILIA WELLNESS LLP, its partners, contractors, and agents from and against any loss, damage, liability, claim, or demand (including reasonable legal fees and court costs) made by any third party arising out of:

• Your breach or violation of these Terms of Service;
• Any clinical malpractice, professional negligence, or patient licensing complaint asserted against your solo clinical practice;
• Your transmission of unauthorized or improperly secured patient data through public, unauthenticated web channels; or
• Your violation of third-party intellectual property or statutory privacy rights.

13. Governing Law & Dispute Resolution

These Terms and any dispute or controversy arising out of or related to your use of this Website shall be governed by and construed in accordance with the substantive laws of the State of Maryland, United States, without giving effect to any choice of law or conflict of law principles.

Mandatory Executive Resolution: Prior to filing any formal legal action, the parties agree to engage in good-faith executive consultation for fifteen (15) business days following written notice of dispute sent to [email protected].

Binding Virtual Arbitration: If the dispute remains unresolved following executive negotiation, it shall be submitted to and finally resolved by binding confidential arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration proceedings shall be conducted virtually. Each party shall bear its own legal expenses and share equally in administrative arbitration fees.

14. Severability & Integration

These Terms, together with our published Privacy Policy, constitute the entire agreement between you and NIVILIA WELLNESS LLP regarding the use and governance of this Website.

If any provision of these Terms is determined by an arbitrator or court of competent jurisdiction to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.