Terms of Service

WorkWell Evals LLC

Effective Date: January 22, 2025

Last Updated: february 2, 2025

1. Introduction and Acceptance of Terms

Welcome to WorkWell Evals. These Terms of Service ("Terms") govern your use of the WorkWell Evals website located at workwellevals.com (the "Site") and the services offered through it (collectively, the "Services").

WorkWell Evals LLC ("WorkWell," "we," "us," or "our") operates a platform that connects individuals seeking workplace accommodation evaluations with independent licensed mental health professionals ("Providers").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

2. Description of Services

WorkWell Evals operates a technology platform that provides administrative and scheduling services to facilitate workplace accommodation evaluations. Our Services include:

  • Marketing and customer acquisition

  • Eligibility screening and intake processing

  • Appointment scheduling and calendar management

  • Payment processing and administrative support

  • Customer service and appointment coordination

WorkWell Evals is not a healthcare provider. We do not provide medical advice, diagnoses, treatment, or clinical services. All clinical services, including evaluations and the issuance of accommodation letters, are provided by independent licensed mental health professionals ("Providers") who are solely responsible for their clinical decisions.

Fee Structure: When you book an evaluation through our platform, you pay a single combined fee that includes (a) a platform and administrative services fee retained by WorkWell Evals for the services described above, and (b) a clinical services fee that is paid to your Provider for the evaluation. WorkWell Evals does not share in, split, or receive any portion of the clinical services fee paid to Providers for their professional services.

3. Eligibility

To use our Services, you must:

  • Be at least 18 years of age

  • Be currently employed or have a bona fide employment relationship

  • Be located in a state where our Providers are licensed to practice

  • Have the legal capacity to enter into a binding agreement

  • Provide accurate and complete information during registration and intake

4. The Evaluation Process

4.1 No Guarantee of Approval

Our Providers make independent clinical judgments based on their professional assessment of your situation. Scheduling an appointment and paying for an evaluation does not guarantee that you will receive an accommodation letter. Providers may determine that an accommodation letter is not clinically appropriate for your situation.

4.2 Intake Form Requirement

After booking your appointment, you will be required to complete a comprehensive intake form. This form must be completed at least twenty-four (24) hours prior to your scheduled appointment.

If you fail to complete the intake form at least twenty-four (24) hours before your appointment, your appointment will be automatically cancelled and you will not be entitled to a refund.

4.3 Appointment Attendance

You are responsible for attending your scheduled appointment on time via the video platform specified in your confirmation. If you miss your appointment without providing at least 24 hours' notice, your appointment will be considered a "no-show" and you will not be entitled to a refund.

4.4 Rescheduling

You may reschedule your appointment up to 24 hours before your scheduled time at no additional charge. Appointments rescheduled with less than 24 hours' notice may be subject to a $29 rescheduling fee.

4.5 Supporting Documentation

During intake, you will have the option to upload supporting documentation such as diagnosis letters, treatment summaries, or notes from your current healthcare providers.

While uploading documentation is optional, we strongly encourage it. Evaluations supported by existing records result in stronger, more detailed accommodation letters. If your Provider must rely solely on a 15-minute consultation without supporting documentation, the resulting letter may be more limited in scope, and your employer may be more likely to request additional documentation.

Any records you upload will be used solely for the purpose of your accommodation evaluation and will be maintained by your Provider as part of your clinical record.

5. Fees and Payment

5.1 Service Fees

Current pricing is displayed on our website at the time of booking. By completing a purchase, you agree to pay the fees associated with the service you selected.

5.2 Payment Processing

Payments are processed securely through our third-party payment processor, Stripe. By providing payment information, you authorize us to charge the applicable fees to your selected payment method.

5.3 Refund Policy

No Refund: You are not entitled to a refund if:

  • Circumvent Providers to obtain services directly after being introduced through our platform

  • Your Provider determines that an accommodation letter is not clinically appropriate for your situation — clinical decisions are made independently by Providers and are outside WorkWell's control

  • Your employer denies your accommodation request — employer decisions are outside WorkWell's control

  • You fail to complete the required intake form at least twenty-four (24) hours before your appointment

  • You miss your appointment without 24 hours' notice

  • You are dissatisfied with the content of your accommodation letter

  • You provide false or misleading information during the intake or evaluation process

  • You cancel your appointment with less than 24 hours' notice (you may reschedule subject to fees)

Refunds at Our Discretion: In limited circumstances, such as technical issues on our end that prevent your appointment from occurring, we may issue a refund at our sole discretion.

Chargebacks: If you initiate a chargeback or payment dispute for a completed service, we reserve the right to contest the chargeback and provide evidence of service delivery. Fraudulent chargebacks may result in termination of your access to our Services and collection efforts for amounts owed.

6. Independent Providers

6.1 Independent Contractor Relationship

Providers who offer clinical services through our platform are independent contractors, not employees, partners, joint venturers, or agents of WorkWell Evals.

WorkWell Evals provides administrative and technology services to facilitate the connection between you and independent Providers. We do not employ Providers, direct their clinical judgment, or share in their clinical fees.

Each Provider:

  • Holds their own professional license in good standing

  • Maintains their own malpractice insurance

  • Sets their own clinical standards and protocols

  • Makes all clinical decisions independently and without direction from WorkWell Evals

  • Is solely responsible for the clinical services they provide

  • Receives payment for clinical services separate from WorkWell's administrative fees

The fees you pay to WorkWell Evals are for platform access and administrative services only. WorkWell Evals does not receive referral fees, fee-splitting arrangements, or any share of Provider clinical fees.

6.2 Provider Credentials

We verify that Providers hold active licenses and appropriate credentials before they join our platform. However, you are encouraged to verify your Provider's credentials independently through your state's licensing board.

6.3 Clinical Autonomy

WorkWell Evals does not direct, control, or influence Providers' clinical decisions. The decision to issue or decline an accommodation letter rests solely with the evaluating Provider based on their professional judgment.

7. Your Responsibilities

By using our Services, you agree to:

  • Provide accurate, complete, and truthful information

  • Not misrepresent your symptoms, condition, or circumstances

  • Complete all required intake forms by the specified deadline

  • Attend scheduled appointments on time

  • Treat Providers and WorkWell staff with respect

  • Use any accommodation letter obtained through our Services only for its intended lawful purpose

  • Not share, sell, or transfer accommodation letters to others

  • Not use our Services for any fraudulent or unlawful purpose

8. Prohibited Uses

You may not use our Services to:

  • Obtain documentation through fraud, misrepresentation, or deception

  • Harass, abuse, or threaten Providers or staff

  • Interfere with or disrupt our Services or servers

  • Attempt to gain unauthorized access to our systems

  • Use our Services for any purpose that violates applicable law

  • Resell, redistribute, or commercially exploit our Services

  • Circumvent Providers to obtain services directly after being introduced through our platform

9. Intellectual Property

All content on our Site, including text, graphics, logos, and software, is the property of WorkWell Evals or its licensors and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from our content without our express written permission.

10. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • Our Services will meet your specific requirements

  • Our Services will be uninterrupted, timely, secure, or error-free

  • Any accommodation letter will be accepted by your employer

  • You will receive any particular outcome from using our Services

11. Limitation of Liability

11.1 No Liability for Clinical Decisions

WorkWell Evals is not liable for any clinical decisions made by Providers, including decisions to approve or deny accommodation letters, the content of accommodation letters, or the outcome of submitting accommodation letters to employers.

11.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WORKWELL EVALS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of employment or employment opportunities

  • Damage to professional reputation

  • Emotional distress

  • Loss of income or profits

ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.

11.3 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless WorkWell Evals, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of our Services

  • Your violation of these Terms

  • Your violation of any rights of a third party

  • Any false or misleading information you provide

  • Your misuse of any accommodation letter obtained through our Services

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal legal action, you agree to contact us at support@workwellevals.com to attempt to resolve any dispute informally. We will attempt to resolve the dispute within 30 days of receiving your notice.

13.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law provisions.

13.3 Jurisdiction

Any legal action or proceeding arising out of these Terms shall be brought exclusively in the state or federal courts located in Missouri, and you consent to the personal jurisdiction of such courts.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our Site with a new "Last Updated" date. Your continued use of our Services after such changes constitutes your acceptance of the modified Terms.

15. Termination

We reserve the right to suspend or terminate your access to our Services at any time, with or without cause, and with or without notice. Upon termination, your right to use our Services will immediately cease.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WorkWell Evals regarding your use of our Services and supersede any prior agreements.

18. Contact Information

If you have any questions about these Terms, please contact us at:

WorkWell Evals LLC Email: info@workwellevals.com

19. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.