Terms and Conditions

Last Updated: 3/12/2025

Welcome to BlueSky Psychiatrists. The following Terms and Conditions (“Terms”) are entered into by and between you and BlueSky Psychiatrists (“BlueSky,” “we,” “our,” or “us”). By accessing and using our website (https://www.blueskypsychiatrists.com/) (the “Website”), and related services, including our Patient Portal (together with the Website, the “Services”), you agree to comply with and be bound by the following Terms. Please read them carefully before using our Services.

1. Acceptance of Terms

By using our Services, you agree to abide by these Terms and Conditions, as well as our Privacy Policy. If you do not agree with any part of these terms, you must not use the Services.

2. Services Provided

BlueSky provides telepsychiatry and mental health services. The information on this Website is for general informational purposes only and does not constitute medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider for medical concerns.

3. Use of Services

You must be at least 18 years old to use our Services or have parental/guardian consent. You agree to use the Services for lawful purposes only and not to engage in any activity that may interfere with the proper functioning of the Services. Unauthorized use, modification, or copying of Services content is strictly prohibited.

4. Scheduling; Payments and Subscriptions

Scheduling. All appointments must be scheduled in advance via the patient portal. Appointments are subject to provider availability. Scheduling an appointment through our Website does not guarantee Services. We reserve the right to cancel or reschedule appointments.
Cancellations. Cancellations made less than 24 hours before the scheduled session will be considered a no-show and will result in the session being forfeited. A no-show for an appointment without prior notice may impact future scheduling privileges.
Fees. We will charge fees in consideration of the Services selected. You are responsible for any and all taxes. Further terms and conditions relating to the Services may apply. Fees for services must be paid in full as per our billing policy. Insurance coverage may vary, and it is your responsibility to confirm eligibility with your provider. Failure to provide accurate billing information may result in appointment cancellation.
Payments. Payment processing services for BlueSky, including the processing and storing of credit card data, are provided by payment processors and are subject to the terms and conditions of those payment processors. By agreeing to these Terms and continuing to use the Services, you agree to be bound by the applicable payment processors’ terms, as the same may be modified by a payment processor from time to time. As a condition to BlueSky enabling payment processing services, you agree to provide BlueSky accurate and complete information about you and you authorize BlueSky to share information with the payment processor.
Subscriptions. Please see our Subscription Terms & Conditions.

5. User Accounts and Security

You may be required to create an account (“Account”) to access certain services. By creating an Account, you agree to provide accurate, current, and complete Account information, and to maintain and promptly update your Account information as necessary. You are responsible for maintaining the confidentiality of your login credentials and agree not to share your account details with others. We are not liable for unauthorized access resulting from your failure to secure your credentials and you accept all risks of unauthorized access to your Account and the information you provide. You agree to immediately notify us if you discover or otherwise suspect any breaches of security related to your Account or the Services, including unauthorized use of your password. By creating an Account, you represent and warrant that you have all requisite capacity, power, and authority to enter into and perform your obligations under these Terms.

6. Communications

By creating an Account, you consent to receive electronic communications from us (e.g., via email, SMS text, or by posting notices to the Services). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your existing relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you. We may also send you promotional communications via email and/or SMS text, including, but not limited to, newsletters, special offers, customer service, and marketing messages, and other news and information we think will be of interest to you. You may opt out of receiving these communications at any time by following the unsubscribe or opt out instructions provided therein.

7. Intellectual Property

All Website content, including text, images, logos, and graphics (“Content”), is the intellectual property of BlueSky and may not be copied, reproduced, or distributed without our written permission. Third-party trademarks and service marks appearing on our Website remain the property of their respective owners. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of BlueSky used and displayed via the Services, without our prior written permission in each instance. All goodwill generated from the use of our Content will inure to the exclusive benefit of Bluesky or the applicable rights holder.

8. Copyright Complaints

We respect the intellectual property of others and ask that our users do the same. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied or used on the Services in a way that constitutes copyright infringement, please send the following information to our Copyright Agent at admin@blueskytelepsych.com.

Your address, telephone number, and email address.
A description of the copyrighted work that you claim has been infringed.
A description of where the alleged infringing material is located on the Services.
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with the requirements of the section, your notice may not be valid.

We may, at our discretion, suspend or terminate the access of and take other action against Website visitors and account holders who infringe upon the intellectual property rights of others.

9. Limited License

You are hereby granted a limited, revocable, nonexclusive, nontransferable, nonassignable, non-sublicensable, “as-is” license to access and use the Services and related content for your own personal, non-commercial use; provided, however, that such license is subject to the Terms and does not include any right to (i) sell, resell, or use commercially the Services, (ii) distribute, publicly perform, or publicly display any content, (iii) modify or otherwise make any derivative uses of the Services, or any portion thereof, (iv) use any data mining, robots, or similar data gathering or extraction methods, (v) download (other than page caching) any portion of the Services, except as expressly permitted by us, and (vi) use the Services other than for their intended purposes. This license is subject to your compliance with these Terms.

10. Third-Party Links

Our Services may include links to third-party websites for additional resources, which are provided solely as a convenience to our Website visitors and Account holders. We have no control over the third-party websites and are not responsible for the content, privacy policies, or practices of these external sites. We are not responsible for the availability of any third-party websites and we do not endorse any advertising, products or other materials on or made available from or through any third-party websites. You acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of a third-party website, or as a result of any reliance placed by you upon the completeness, accuracy, or existence of any advertising, products, or other materials on, or made available form any third-party websites.

11. Privacy Policy

Your use of our Services are also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. Please review it here: [https://www.blueskypsychiatrists.com/privacy-policy]. By submitting your personal information through the Services, you expressly consent to the collection, use, and disclosure of personal information in accordance with our Privacy Policy.

12. Prohibited Uses

You may not attempt or cause to attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services, by hacking, password “cracking,” or any other illegitimate means. You may not breach or cause to breach the security or authentication measures on the Services, or any other systems or networks connected to the Services, or otherwise attempt to interfere with the proper functioning of the Services. You will not falsify your identity or impersonate another person, engage in conduct that limits the use and enjoyment of the Services, or any part thereof, by other users in any way, in each case as determined by us in our sole and absolute discretion.

In addition, you agree not to and will not assist another to:

reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, in whole or in part, except as expressly permitted by us;
upload, post or store any materials that directly or indirectly contain viruses, corrupted files or any other similar harmful mechanism;
link to, mirror, or frame any portion of the Services without our prior express written permission;
scrape, index, survey, or data mine any portion of the Services or unduly burden or hinder the operation of the Services; or
remove any notice of the proprietary rights of our licensors and us from any portion of the Services or printed version thereof.

13. SMS Notifications

By opting into BlueSky SMS Notifications, you agree to receive appointment reminders, service updates, and other important notifications via SMS. You may also sign up to receive promotional and marketing text messages via SMS. You are not required to consent to promotional and marketing text messages as a condition of purchase. You may update your notification preferences at any time by going through your Account. By consenting to receive BlueSky SMS Notifications, you represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for SMS Notifications. Message frequency varies, and message and data rates may apply.

You can cancel the SMS service at any time. Simply text "STOP" to (888) 279-0002. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to admin@blueskytelepsych.com or (888) 279-0002.

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.

For privacy-related inquiries, please refer to our privacy policy: https://www.blueskypsychiatrists.com/privacy-policy

14. Termination of Use

You Terminate. You may terminate these Terms at any time by cancelling your Account and/or discontinuing your access to and use of the Services. If you use the Services after cancelling your Account, you will be deemed to have agreed to the Services.
We Terminate. We reserve the right, in our sole discretion, for any or no reason, to terminate or restrict access to our Services at any time for violations of these Terms, suspected fraudulent activity, or other inappropriate use. You agree that any suspension or termination of your access to the Services may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination.
Other Remedies Available. If we terminate these Terms or suspend or terminate your access to or use of the Services due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any of the Prohibited Uses), then termination of these Terms will be in addition to any other remedies we may have at law or in equity.
Effect of Termination. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Services or that is related to your Account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.

15. International Issues

We operate the Services from the United States of America. If you choose to access the Services from outside the United States of America, you are responsible for complying with applicable local laws.

16. Disclaimers

THE SERVICES, CONTENT CONTAINED THEREIN, AND ITEMS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICES OR ANY CONTENT CONTAINED THEREIN. WE DO NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICES. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES, CONTENT, OR ANY ITEMS LISTED ON OUR SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

Although third-party providers engaged in the provision of medical services are licensed to practice medicine, you should consult with your primary provider to confirm any treatment plan is appropriate for you.

ALTHOUGH YOU MAY HAVE ACCESS TO PROFESSIONAL HEALTH CARE PROVIDERS AND RELATED SERVICES THROUGH THE SERVICES, NEVER DISREGARD MEDICAL ADVICE FROM ANY OF YOUR PROVIDERS OR DELAY IN SEEKING MEDICAL ADVICE OR TREATMENT BECAUSE OF SOMETHING YOU HAVE READ, LEARNED, OR BEEN COMMUNICATED TO YOU THROUGH THE SERVICES.

YOU SHOULD CONSULT YOUR REGULAR PHYSICIAN OR DOCTOR IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT REGARDING ANY ADVICE, DIAGNOSIS, TREATMENT, PRESCRIPTIONS, OR OTHER RECOMMENDATIONS RECEIVED AS PART OF THE SERVICES.

IF YOU ARE CONSIDERING SUICIDE OR IF YOU OR ANY OTHER PERSON MAY BE IN DANGER, PLEASE CALL OR TEXT 988 (24-HOUR SUICIDE AND CRISIS LIFELINE) OR 911. IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICES, ANY ITEMS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS UNDERTAKEN BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCESS TO AND USE OF THE SERVICES, CONTENT (INCLUDING YOUR CONTENT), OR ANY ITEMS, PURCHASED, OR SOLD THROUGH THE SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT PAID TO US BY YOU FOR THE SERVICES THAT IS THE SUBJECT OF THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

18. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless BlueSky from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to these Terms or your use of the Services, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Services or User Content; (b) any feedback you provide; (c) your violation of these Terms; (d) your violation of the rights of any third party, including another user; (e) any breach or non-performance of any covenant or agreement made by you; (f) your User Content; or (g) any off-chain benefits (including the furnishing, or any failure to furnish, or any acts or omissions of or attributable to you or any third party in respect of the same). You agree to promptly notify BlueSky of any third-party Claims and cooperate with BlueSky in defending such Claims. You further agree that BlueSky shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND BLUESKY.

19. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

These Terms, including all matters of construction, validity, and performance, and all disputes arising out of or connected with the Terms, the Site, and the Services (each a “Dispute,” collectively, the “Disputes”), shall, in all respects, be governed by and construed in accordance with the laws of the State of Illinois without regard to any principles of conflict of laws, except that the arbitration clause herein shall be governed by the Federal Arbitration Act. Any Dispute shall be settled by mediation under the Commercial Mediation procedures of the American Arbitration Association (the “AAA”), except that if mediation of a Dispute is not successful within two (2) months of appointment of a mediator, such Dispute shall be settled by individual arbitration under the Commercial Arbitration Rules of the AAA. The place of mediation or arbitration shall be the AAA office nearest to Agency’s principal place of business in Illinois. The language of the mediation or arbitration shall be English. The arbitrator shall be an expert an attorney with experience in the field of intellectual property and advertising law. Notwithstanding this arbitration provision, any Dispute not resolved through arbitration that is less than $10,000 USD and qualifies for treatment on a non-jury basis in a small claims court of in Illinois may be resolved in such small claims court on an individual basis at the election of either party. All Disputes shall be mediated, arbitrated, or litigated on an individual basis. You irrevocably waive any right it may otherwise have to proceed on a class or collective basis. Further, you irrevocably waive all right to trial by jury as well as any argument or claim of improper venue or forum non conveniens. The foregoing provisions shall not limit the right of BlueSky to collect payments due or payable, or prevent either party from commencing any action or proceeding to compel arbitration, obtaining injunctive relief pending the appointment of an arbitrator, or obtaining execution of any award rendered in any such action or proceeding, or in any other manner provided venue for all such proceedings shall be in the state or federal courts within Illinois. The parties shall bear their own expenses, except that parties shall equally share the expenses of any mediator or arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the Dispute). The prevailing party in any arbitration may seek from the arbitrator an award of the party’s reasonable outside attorneys’ fees and costs incurred. Judgment on any the award rendered by any arbitrator may be entered in any court having jurisdiction thereof.

21. Changes to Terms

We may update these Terms and Conditions at any time. If we make changes to these Terms and Conditions, we will provide notice of such changes, such as by updating the “last Updated” date at the beginning of these Terms and Conditions. Continued use of our Services constitutes acceptance of any changes. The latest version will always be available on this page. You should review these Terms and Conditions frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you may not access or use the Services.

22. General

Entire Agreement. These Terms, any applicable supplemental terms, and our Privacy Policy constitute the entire legal agreement between you and us and will be deemed to be the final and integrated agreement between you and us, and govern your access to and use of the Services, and completely replace any prior or contemporaneous agreements between you and us related to your access to or use of the Services, whether oral or written.
Third-Party Beneficiaries. Except as otherwise provided herein, these Terms are intended solely for the benefit of BlueSky and you and are not intended to confer third-party beneficiary rights upon any other person or entity.
Interpretation. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.
Severability. Should any part of these Terms be held invalid, illegal, void or unenforceable, that portion will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
No Waivers. Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed for and on behalf of us by a duly authorized representative.
Governing Law. All matters arising out of or relating to these Terms will be governed by and construed in accordance with the laws of the State of Illinois and the federal laws of the United States of America applicable therein without giving effect to any choice or conflict of law provision or rule.
Venue. Subject to the above, any legal action or proceeding arising under these Terms will be brought exclusively in the State of Illinois, in DuPage County, and we and you irrevocably consent to the personal jurisdiction and venue there.
Assignment. You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate or in connection with an acquisition, sale or merger. These Terms shall be binding upon and inure to the benefit of the applicable parties and their successors and permitted assigns.

23. Contact Information

If you have any questions or concerns regarding these Terms, please contact us:

BlueSky Psychiatrists

1431 Opus Pl, Suite 110

Downers Grove, IL 60515

Email: admin@blueskytelepsych.com

Phone: 1 (888) 279-0002

By using this website, you acknowledge that you have read and agreed to these Terms and Conditions