SMS Terms of Service — NeuroCareTMS

Please read these Terms of Service carefully. By opting in to receive SMS text messages from NeuroCareTMS, you agree to be bound by these Terms of Service and our SMS Privacy Policy. If you do not agree to these terms, do not opt in to our SMS program. These terms govern your participation in text message communications with NeuroCareTMS and form a legally binding agreement between you and NeuroCareTMS LLC.

Agreement to These Terms

These SMS Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and NeuroCareTMS LLC ("NeuroCareTMS," "we," "us," or "our"), a mental health treatment provider headquartered in New York.

By providing your mobile phone number and opting in to receive SMS communications from NeuroCareTMS — whether through our website, by phone, in person, or by texting a keyword to our designated number — you affirm that:

You are at least 18 years of age, or are the parent or legal guardian of a minor on whose behalf you are consenting.

You are the owner or authorized user of the mobile phone number provided and have the authority to consent to these Terms for that number.

You have read, understood, and agree to be bound by these Terms in their entirety.

You consent to the receipt of automated and manually dialed text messages from NeuroCareTMS as described herein.

Description of SMS Program

NeuroCareTMS operates an SMS messaging program for the purpose of facilitating patient care communications and administrative coordination. The program is intended to provide a convenient, efficient communication channel between NeuroCareTMS and our patients and prospective patients.

Our SMS program may include, but is not limited to, the following types of communications:

Appointment reminders — Upcoming session reminders, scheduling confirmations, and rescheduling notifications.

Treatment-related communications — Progress check-ins, care instructions, and general wellness information related to your TMS treatment.

Administrative notices — Office closures, location changes, insurance verification updates, and billing reminders.

Consultation follow-ups — Responses to inquiries submitted via our website or phone, and follow-up messages for prospective patients.

Program updates — Information about new services, insurance coverage changes, or important regulatory updates that may affect your care.

Note: Our SMS program is not intended for emergency communications. If you are experiencing a mental health emergency, please call 911 or the 988 Suicide & Crisis Lifeline immediately.

Opting In to SMS Communications

You may enroll in our SMS program through any of the following authorized opt-in methods:

Web form opt-in — Submitting our online consultation request form and expressly checking the SMS consent checkbox.

Verbal consent — Providing express oral consent during a phone call or in-person appointment with a NeuroCareTMS representative.

Keyword opt-in — Texting an authorized keyword to our designated SMS short code or long code, as communicated by our team.

Consent to receive SMS messages is entirely voluntary and is not a condition of receiving any health services from NeuroCareTMS. You may refuse to opt in or withdraw your consent at any time without affecting your access to care.

Opting Out — How to Stop Messages

You may withdraw your consent to receive SMS messages at any time using any of the following methods. All opt-out requests will be honored promptly.

Reply STOP, CANCEL, END, QUIT, or UNSUBSCRIBE to any SMS message received from NeuroCareTMS.

Call us directly at 718 673 6551 during business hours to request removal from our SMS list.

Email us at info@neurocaretms.com with your name, mobile number, and request to opt out of SMS communications.

Upon receipt of your opt-out request, you will receive a single confirmation text message acknowledging your removal from our SMS program. No further messages will be sent to your number unless you affirmatively re-enroll.

Important: Opting out of SMS communications does not cancel appointments, terminate your treatment plan, or affect any other services you receive from NeuroCareTMS. Please contact our office directly for appointment or treatment-related changes.

Message Frequency

Message frequency will vary depending on your stage of care, the nature of your communications with our office, and any preferences you communicate to us. As a general guideline:

During active TMS treatment, you may receive up to 1–2 messages per day for appointment reminders and care coordination.

Outside of active treatment, you may receive up to 4 messages per month for administrative and follow-up communications.

Prospective patients who have submitted a consultation request may receive up to 3 messages per week until consultation is complete or they opt out.

We strive to communicate with you only when necessary and to respect your time. If you find the frequency of messages excessive, you may reply STOP at any time or contact our office to adjust your communication preferences.

Costs, Charges & Carrier Terms

NeuroCareTMS does not charge any fee for participation in its SMS program. However, please be aware of the following:

Message and data rates may apply. Standard messaging and data rates charged by your mobile carrier may apply to both messages you receive from us and any replies you send. These charges are determined by your individual carrier plan.

Carrier liability. NeuroCareTMS is not responsible for any charges imposed by your wireless carrier related to SMS receipt or delivery. Please contact your carrier if you have questions about your messaging plan.

Supported carriers. Our SMS program supports most major US carriers including AT&T, T-Mobile, Verizon, and other regional carriers. Carrier support may vary.

Delivery not guaranteed. NeuroCareTMS is not responsible for undelivered messages due to carrier issues, network outages, incorrect phone numbers, or other technical factors outside our control.

Acceptable Use Policy

When interacting with NeuroCareTMS via SMS, you agree to use the communication channel solely for lawful, appropriate purposes. You may not use our SMS channel to:

Send spam, unsolicited commercial messages, or messages unrelated to your care or inquiry.

Send harassing, threatening, abusive, defamatory, or illegal content of any kind.

Impersonate any person or entity, or misrepresent your identity or affiliation.

Transmit content that infringes upon the intellectual property rights or privacy rights of any party.

Use our SMS channel to seek emergency medical assistance — call 911 in any emergency situation.

NeuroCareTMS reserves the right to terminate your access to our SMS program and report any abusive or illegal conduct to the appropriate authorities.

Disclaimers & Limitation of Liability

SMS is not a substitute for in-person care. Information transmitted via our SMS program is provided for convenience only and does not constitute medical advice, diagnosis, or treatment. Always rely on your treating clinician and in-person consultations for medical decisions.

NeuroCareTMS disclaims all warranties, express or implied, with respect to SMS communications, including but not limited to warranties of fitness for a particular purpose, accuracy, reliability, and timeliness of message delivery.

To the maximum extent permitted by applicable law, NeuroCareTMS shall not be liable for any damages — including direct, indirect, incidental, or consequential damages — arising from your participation in our SMS program, including but not limited to: undelivered messages, delayed messages, unauthorized access to your messages, or actions taken in reliance on information received via SMS.

Emergency Notice: Our SMS system is not monitored 24/7 and is not designed for emergencies. Never use SMS to report a medical emergency. Call 911 immediately in any life-threatening situation, or call/text 988 for the Suicide & Crisis Lifeline.

Privacy & Data Handling

Your use of our SMS program is also governed by our SMS Privacy Policy, which is incorporated into these Terms by reference. The SMS Privacy Policy describes in detail how we collect, use, store, and protect your personal information in connection with SMS communications.

Key data handling principles applicable to our SMS program:

We do not sell, rent, or share your mobile number with third parties for their own marketing purposes.

SMS data is retained only as long as necessary for care coordination or as required by applicable law.

You have the right to request access to, correction of, or deletion of your SMS-related personal information, subject to applicable law.

Standard SMS is not an end-to-end encrypted communication channel. Avoid sharing sensitive protected health information (PHI) via text message.

Modifications to These Terms

NeuroCareTMS reserves the right to modify these SMS Terms of Service at any time. Changes will be effective upon posting of the revised Terms on our website, with the updated effective date reflected at the top of the document.

For material changes, we may notify you via SMS or through other communication channels. Your continued participation in our SMS program after any modifications constitutes your acceptance of the updated Terms.

NeuroCareTMS also reserves the right to suspend or discontinue the SMS program at any time, with or without prior notice, for any reason including but not limited to operational changes, regulatory requirements, or technology transitions.

Governing Law: These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in New York County, New York.

Contact Information

If you have any questions, concerns, or requests regarding these SMS Terms of Service, our SMS program, or your communication preferences, please reach out to us through any of the channels below. We are happy to assist.

Get in Touch

718 673 6551

info@neurocaretms.com

neurocaretms.com

Text STOP to opt out anytime

Our NY Locations

541 NY-17M, Monroe, NY 10950

233 Lafayette Avenue, Suffern, NY 10901 (Monsey)

223 Spencer Street, Brooklyn, NY 11205 (Williamsburg)

615 Avenue L, Brooklyn, NY 11230