Terms of Service

By accessing or using the Platform, creating an account, booking an appointment, enrolling in a membership, or otherwise engaging with any service offered through MOCEAN, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are accessing the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to “you” shall include that organization.

If you do not agree to these Terms in their entirety, you must immediately discontinue all use of the Platform. Your continued use of the Platform following any modification of these Terms constitutes your acceptance of the revised Terms.

You must be at least eighteen (18) years of age to use this Platform. By using the Platform, you represent and warrant that you meet this minimum age requirement. Minors may only use the Platform under the direct supervision of a parent or legal guardian who agrees to these Terms on their behalf.

MOCEAN Health is a digital health management platform that facilitates access to licensed physical therapy, acupuncture, wellness, and longevity services. The Platform provides, but is not limited to, the following features:

• Online scheduling and booking of in-person and virtual appointments with licensed healthcare providers
• Membership enrollment and management, including recurring billing and service-credit tracking
• Health data collection, storage, and visualization, including InBody body composition assessments and wearable device integrations
• Care plan and wellness program management designed and supervised by licensed providers
• Telehealth and virtual physical therapy sessions via secure video conferencing technology
• Secure HIPAA-compliant messaging between patients and providers
• Payment processing, receipt management, and insurance coordination support

MOCEAN reserves the right to modify, suspend, or discontinue any feature or aspect of the Platform at any time, with or without notice, and shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

To access the full features of the Platform, you must register for an account. By registering, you agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy. You are solely responsible for ensuring that the information you provide—including your name, email address, date of birth, and contact information—is truthful and not misleading.

You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify MOCEAN immediately at hello@moceanpt.com if you suspect any unauthorized access to or use of your account. MOCEAN shall not be liable for any loss or damage arising from your failure to safeguard your account credentials.

Each individual may maintain only one (1) active account on the Platform. The creation of duplicate or fraudulent accounts is strictly prohibited and may result in immediate account termination without refund. Account credentials are non-transferable and may not be shared with, sold to, or assigned to any third party.

MOCEAN offers subscription-based membership plans that provide access to curated services at defined monthly rates. Current membership tiers include:

• Recovery & Optimization Membership— $299.00 per month, providing access to foundational physical therapy and wellness services as defined in your selected plan.
• MOCEAN Therapy Membership — $699.00 per month, providing expanded access to premium services, priority scheduling, and advanced wellness programs.

Included Sessions and Overage Rates. Each membership tier includes a defined number of covered sessions per monthly billing period (the “Included Sessions”), as listed in your plan summary at the time of enrollment. Covered sessions booked within the monthly quota are billed at $0.00 to the Member. Sessions booked beyond the monthly quota (the “Overage Sessions”) are billed at the member overage rate disclosed for that service category at the point of booking. The included session count resets on each monthly renewal date and does not carry over to subsequent billing periods.

Reservation of Included Sessions. When you schedule a booking that consumes an Included Session, MOCEAN reserves one session credit at the time of booking and the remaining quota visible in your member portal is updated immediately. If you cancel or no-show that booking subject to Section 5, the reserved session credit is automatically released back to your remaining quota and is available for rebooking within the same billing period. Reservations released this way are preserved in your member activity log for auditability.

Automatic Renewal Disclosure (New York General Business Law § 5−903). All memberships are billed on a recurring monthly basis and will automatically renew at the end of each billing cycle unless cancelled in accordance with these Terms. By enrolling in a membership, you authorize MOCEAN to charge your designated payment method for the applicable monthly fee on each renewal date. For any membership purchased by a New York consumer, MOCEAN will send a written renewal notice to the email address on file between fifteen (15) and forty-five (45) days before each renewal date stating (i) the fact that the membership will automatically renew, (ii) the cost that will be charged, and (iii) the deadline and method by which you may cancel to avoid the charge.

Payment Processing. All payments are processed securely through Stripe, Inc. By providing your payment information, you agree to Stripe's terms of service. MOCEAN does not store full payment card data on its servers. You are responsible for ensuring that your payment method remains valid and has sufficient funds to cover your membership fees.

Plan Upgrades. When you upgrade to a higher-priced membership tier mid-cycle, MOCEAN will charge only the prorated difference between the two plans for the remainder of the current billing period at the time of the upgrade. Your next scheduled renewal date does not change, and the new monthly amount will be billed on the existing renewal date. The session quota for the new tier becomes effective immediately upon upgrade; sessions consumed before the upgrade do not roll forward.

Plan Downgrades. When you downgrade to a lower-priced membership tier, the change takes effect at the start of the next billing cycle. You will retain access to the current tier's included sessions through the end of the current cycle and will not receive a partial refund of the current tier's monthly fee.

Cancellation Policy. You may cancel your membership at any time. Because enrollment is offered online, cancellation is also available online through your account portal in a manner at least as accessible as the enrollment process, as required for New York consumers by New York General Business Law § 5−903(4). You may alternatively cancel by emailing MOCEAN at hello@moceanpt.com from the email address on file. Cancellations received before the next billing cycle will take effect at the end of the current billing period. No partial refunds will be issued for unused portions of a billing cycle, except as required by applicable law or as provided in the Cooling-Off Refund clause below.

Cooling-Off Refund. If you cancel within three (3) calendar days of your initial enrollment in a membership and you have not consumed any Included Sessions or other paid benefits associated with that membership, MOCEAN will refund the most recent membership fee charged to your payment method. Refunds are processed back to the original payment method via Stripe and typically settle within five to ten (5–10) business days. Cooling-off refunds are available only on the initial enrollment in a given membership tier and do not apply to subsequent renewal cycles or to upgrades from a lower-priced tier.

Membership Pause. Members in good standing may request a temporary pause of their membership for a maximum of three (3) consecutive months per calendar year, subject to provider availability and MOCEAN's approval. Paused memberships will not be billed during the approved pause period. Unused service credits do not carry over following cancellation.

Failed Payments and Dunning. If a renewal payment fails, MOCEAN will attempt to collect the outstanding balance through Stripe's automatic retry schedule and will notify you via the email address on file. If the outstanding balance remains unresolved for twenty-eight (28) consecutive calendar days after the first failed payment attempt, MOCEAN may automatically cancel your membership and revoke access to member benefits, without further notice. Access to services may be suspended at any point during the dunning window while the balance remains overdue.

Price Changes. MOCEAN reserves the right to modify membership pricing or the structure of Included Sessions. Members will be notified of any material change at least thirty (30) days in advance via the email address on file. Continued use of the membership following the effective date of a change constitutes your acceptance of the new pricing or structure.

MOCEAN maintains a strict appointment cancellation and no-show policy in order to ensure equitable access to provider time and to compensate licensed practitioners for their preparation and reserved time.

Late Cancellation Fee. Cancellations made less than twenty-four (24) hours prior to the scheduled appointment start time may be subject to a Late Cancellation Fee of up to $50.00. This fee applies to all appointment types, including in-person sessions, virtual PT sessions, and assessments.

No-Show Fee. Failure to appear for a scheduled appointment without prior cancellation may be subject to a No-Show Fee of $100.00. A no-show is defined as failure to arrive within fifteen (15) minutes of the scheduled appointment start time without prior notification.

Manager Review Prior to Charge. Late cancellation and no-show fees are not charged automatically. Each fee is reviewed by MOCEAN management, who may charge, adjust, or waive the fee based on the circumstances of the missed appointment, before any amount is charged to your payment method on file.

Fee Waiver. Late cancellation and no-show fees may be waived at the sole discretion of the treating provider or MOCEAN management in cases involving documented medical emergencies or extraordinary circumstances. Fee waiver requests must be submitted in writing to hello@moceanpt.com within forty-eight (48) hours of the missed appointment.

Repeated Violations. Repeated late cancellations or no-shows may result in suspension of booking privileges or termination of membership at MOCEAN's discretion.

MOCEAN offers virtual physical therapy and wellness consultations via secure video conferencing technology. By scheduling or participating in a telehealth session, you acknowledge and consent to the following:

Informed Consent. Telehealth services involve the electronic transmission of your health information and the delivery of clinical services through interactive audio-visual technology. You understand that telehealth may not be a complete substitute for in-person evaluation and treatment, and that your provider may determine that an in-person visit is necessary.

Technology Requirements. Participation in virtual sessions requires a compatible device (smartphone, tablet, or computer), a stable internet connection (minimum 5 Mbps recommended), a functioning camera and microphone, and a private, well-lit environment conducive to clinical interaction. MOCEAN is not responsible for disruptions caused by inadequate technology or connectivity on your end.

Geographic Limitations. Telehealth services may only be provided to individuals physically located in a jurisdiction where the treating provider holds a valid license to practice. It is your responsibility to verify that telehealth services are legally available in your location at the time of the session.

Recordings. Virtual sessions may be recorded solely for clinical documentation purposes, with your prior explicit consent. Recordings are stored in a HIPAA-compliant environment and are not shared with third parties except as required by law or your care team.

Emergency Situations. Telehealth is not appropriate for medical emergencies. If you experience a medical emergency during or outside of a virtual session, immediately call 911 or your local emergency services.

The Platform and all content, features, and functionality thereof—including but not limited to text, graphics, logos, icons, images, audio clips, software, programs, interfaces, and compilations thereof (collectively, “Content”)—are the exclusive property of MOCEAN Wellness Corp or its content suppliers and are protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

The MOCEAN name, logo, and all related product and service names, design marks, and slogans are registered or common-law trademarks of MOCEAN Wellness Corp. You are strictly prohibited from using any MOCEAN trademark without prior written permission.

Subject to your compliance with these Terms, MOCEAN grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your personal, non-commercial health management purposes. Any unauthorized reproduction, modification, distribution, transmission, display, or performance of the Content is strictly prohibited.

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You expressly agree that you will not:

• Use the Platform to commit fraud, misrepresentation, or any other unlawful act
• Harass, threaten, intimidate, defame, or abuse any provider, MOCEAN employee, or other user
• Attempt to gain unauthorized access to any portion of the Platform, other user accounts, or MOCEAN's computer systems or networks
• Introduce viruses, Trojan horses, worms, logic bombs, or other technologically harmful material to the Platform
• Circumvent, disable, or otherwise interfere with security-related features of the Platform
• Scrape, crawl, or otherwise extract data from the Platform without MOCEAN's express written consent
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Use the Platform to transmit unsolicited commercial communications or promotional materials
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Platform
• Share your account credentials or grant unauthorized third parties access to your account

MOCEAN reserves the right to investigate and take appropriate legal action against any user who, in MOCEAN's sole discretion, violates this provision, including reporting such conduct to law enforcement authorities.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOCEAN WELLNESS CORP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE PLATFORM OR ANY CONTENT THEREIN.

THE PLATFORM IS PROVIDED AS A SCHEDULING, COMMUNICATION, AND HEALTH DATA MANAGEMENT TOOL. MOCEAN IS NOT RESPONSIBLE FOR ANY CLINICAL OUTCOMES, TREATMENT RESULTS, ADVERSE EVENTS, OR INJURIES ARISING FROM SERVICES RENDERED BY INDEPENDENT LICENSED PROVIDERS ACCESSIBLE THROUGH THE PLATFORM.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, MOCEAN'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ALL OTHER CASES, MOCEAN'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO MOCEAN IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

MOCEAN does not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. MOCEAN does not warrant the accuracy, completeness, or usefulness of any information provided through the Platform.

The Platform facilitates access to licensed, independent healthcare providers. MOCEAN does not practice medicine, physical therapy, acupuncture, or any other licensed healthcare profession, and nothing on the Platform constitutes professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

The Platform is not intended for use in medical emergencies. If you are experiencing a life-threatening emergency, call 911 immediately. Do not use the Platform to seek emergency care or to communicate with providers regarding emergencies.

Any health-related content made available through the Platform is for general informational purposes only and is not a substitute for professional medical advice. Reliance on any information provided through the Platform is solely at your own risk.

MOCEAN reserves the right, in its sole discretion and without prior notice or liability, to suspend, limit, or permanently terminate your access to the Platform and any associated account for any reason, including but not limited to:

• Breach of any provision of these Terms
• Fraudulent, abusive, or harmful conduct toward MOCEAN staff, providers, or other users
• Non-payment of fees or repeated payment failures
• Repeated violation of the Cancellation & No-Show Policy
• Any conduct that MOCEAN reasonably determines to be inconsistent with the letter or spirit of these Terms

Upon termination, your right to use the Platform will immediately cease. Any provisions of these Terms that by their nature should survive termination—including but not limited to intellectual property, limitation of liability, disclaimer, and governing law provisions—shall survive.

You may terminate your account at any time by contacting MOCEAN at hello@moceanpt.com. Termination of your account does not entitle you to a refund of any prepaid or partially used membership fees, except as required by applicable law.

These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in New York County, New York. By using the Platform, you irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to the laying of venue of any such action or proceeding in such courts.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and MOCEAN each waive any right to a jury trial.

MOCEAN Wellness Corp offers an optional text message (SMS) program for appointment-related notifications. By opting in on our first-visit intake form, you consent to receive the following types of transactional SMS text messages from MOCEAN Wellness Corp at the mobile number you provide:

• Appointment confirmations
• Appointment changes
• Appointment cancellations
• Appointment reminders

This program is limited to the transactional messages listed above. We do not send marketing or promotional text messages under this program.

Message frequency varies based on your appointments. Message and data rates may apply.

To stop receiving text messages from us, reply STOP to any message. You will receive one confirmation message acknowledging your opt-out, and you will not receive further text messages from this program. For help, reply HELP to any message, or contact us at hello@moceanpt.com or 917-715-4665.

SMS consent is not required to book an appointment or purchase services. Wireless carriers are not liable for delayed or undelivered messages.

See our Privacy Policy for information about how we handle your mobile information and SMS opt-in data.

MOCEAN reserves the right to modify or replace these Terms at any time. When we make material changes to these Terms, we will notify you by one or more of the following methods: (a) sending an email to the address associated with your account; (b) posting a notice on the Platform; or (c) updating the “Effective Date” at the top of these Terms.

Material changes will take effect no sooner than thirty (30) days after notification, except where changes are required by law, in which case they may take effect immediately. It is your responsibility to review the Terms periodically and to ensure that the email address associated with your account is current and capable of receiving communications.

Your continued use of the Platform after the effective date of any modification constitutes your binding acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Platform and may cancel your membership as described in Section 4 above.

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us using any of the following methods:

For privacy-related inquiries, including requests regarding your personal health information or HIPAA rights, please direct your correspondence to the attention of our Privacy Officer at the address or email above.