Terms of Service

Agreement To Terms

These Terms of Service govern your access to and use of nocturyn.com and all Nocturyn platform services. By submitting your information or using the Nocturyn platform in any capacity you agree to these terms in full. If you do not agree do not submit your information or use the platform.

Nocturyn is operated by Nocturyn LLC a Wyoming limited liability company. References to Nocturyn, we, us, and our refer to Nocturyn LLC.

What Nocturyn Is

Nocturyn is a technology platform that facilitates access to independently licensed healthcare providers. Nocturyn LLC is not a healthcare provider. Nocturyn LLC does not practice medicine. Nocturyn LLC does not employ clinicians. All clinical services available through the platform are delivered by independently licensed healthcare practices operating under their own professional entities with full clinical autonomy.

Joining the Nocturyn waitlist does not guarantee access to the platform. Joining the waitlist does not create a patient-provider relationship. Joining the waitlist does not constitute enrollment in any healthcare service. A patient-provider relationship is established solely between the patient and the independently licensed provider when a session begins.

Provider Independence

Clinical services available through the Nocturyn platform are provided solely by independently licensed healthcare providers practicing through their own professional entities. Each provider remains solely responsible for all diagnoses, treatment recommendations, prescribing decisions, documentation, coding, and clinical judgment.

Nocturyn provides technology, scheduling, communication, operational, and administrative support services only. Nocturyn does not practice medicine, does not provide healthcare services, and does not direct clinical care.

Emergency Services

If you are experiencing a medical emergency call 911 immediately or go to your nearest emergency room. Nocturyn is not an emergency service. If you are in mental health crisis call or text 988.

Eligibility

You must be at least 18 years of age to use the Nocturyn platform or join the waitlist. By submitting your information you represent that you are at least 18 years old.

You must accurately disclose your physical location at the time of each session. Your provider may be unable to provide services if they are not authorized to practice in your location. Clinical services may only be provided in jurisdictions where the selected provider is authorized to practice. Available states may change as Nocturyn expands its provider network and licensure footprint.

Accurate Information

You agree to provide accurate, complete, and truthful information when joining the waitlist or using the platform. Inaccurate information may result in removal from the waitlist, an incorrect provider match, or termination of platform access.

Communications

By joining the waitlist or using the platform you consent to receive email and text message communications from Nocturyn related to your waitlist status, your provider match, your scheduled sessions, and platform updates.

You may opt out of text messages at any time by replying STOP to any text message from Nocturyn. You may unsubscribe from email at any time by clicking unsubscribe in any email from Nocturyn. Opting out of communications does not delete your account or waitlist entry.

Message and data rates may apply to text messages.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.

Telehealth Consent

By using the Nocturyn platform to access clinical services you consent to receiving care via telehealth. Nocturyn offers video telehealth as the default modality for all sessions. Audio-only telehealth is available for established patients only when your provider independently determines it is clinically appropriate and documents their clinical rationale. Phone consultations are available to all patients during operating hours as a brief introductory session conducted by a licensed healthcare provider participating in the Nocturyn network to discuss presenting concerns and determine appropriate next steps. Phone consultations are not clinical evaluations and do not establish an ongoing treatment relationship. Possible benefits of telehealth include convenient access to care without travel, reduced exposure to illness, and flexible scheduling during evening and overnight hours. Possible risks of telehealth include the inability of the provider to perform certain in-person assessments, technical difficulties that may interrupt care, and privacy risks inherent in electronic transmission despite security measures in place. Audio-only sessions carry the additional limitation that visual clinical assessment is not possible. You have the right to withdraw your consent to telehealth at any time. You may request an in-person referral if telehealth is not appropriate for your condition. Your sessions will not be recorded without your explicit separate written consent. You should conduct all sessions in a private space where you cannot be overheard. Your physical location at the time of your session determines which state's telehealth laws govern your care. You must accurately disclose your physical location at the time of each session. Your provider may be unable to provide services if they are not authorized to practice in your location.

Cash Pay Platform

Nocturyn is a cash-pay platform. No insurance is accepted as in-network payment and no prior authorization is required. Patients are responsible for payment of all session fees at the time of booking.

Superbills are provided after completed sessions for potential out-of-network reimbursement consideration.

Patients may elect, at no additional charge, to have Nocturyn provide complimentary out-of-network claim submission support after a completed session. This service is provided solely as an administrative filing convenience and does not guarantee reimbursement.

Nocturyn does not determine coverage, negotiate reimbursement, appeal denials, settle claims, or act as an insurer, insurance adjuster, third-party administrator, or insurance representative. All reimbursement decisions are made solely by the patient's insurance carrier.

Nocturyn does not participate in Medicare or Medicaid reimbursement programs. Patients enrolled in Medicare or Medicaid may access services on a private cash-pay basis only, subject to applicable law. By booking a session, such patients acknowledge that no claim will be submitted to Medicare or Medicaid for services received through the platform and that reimbursement is not available through those programs for such services.

Session Modalities

Video telehealth is the default modality for all Nocturyn sessions. New patient initial evaluations require video without exception. Audio-only telehealth is available for established patients only when your provider independently determines it is clinically appropriate. Audio-only is provider-initiated and requires documented clinical rationale. Audio-only is never available for new patient initial evaluations. Phone consultations are available to all patients during operating hours as a brief introductory session conducted by a licensed healthcare provider participating in the Nocturyn network to discuss presenting concerns and determine appropriate next steps. Phone consultations are not clinical evaluations and do not establish an ongoing treatment relationship. You must accurately disclose your physical location at the time of every session regardless of modality. Location may be confirmed at booking and verbally verified at session start by your provider. Your provider may be unable to provide services if they are not authorized to practice in your location.

Booking And Payment

Session fees are collected in full at the time of booking. Fees vary by provider and session type and are displayed clearly before you complete your booking. By completing your booking you confirm you have reviewed and accepted the applicable fee. Phone consultation fees are displayed at booking and apply as a full credit toward your first full session if booked within 72 hours.

Cancellation And Refund Policy

Patient cancellations submitted more than 24 hours before the scheduled session start time are eligible for a full refund of the session fee. The booking fee is not refunded.

Patient cancellations submitted less than 24 hours before the scheduled session start time are not eligible for any refund of the session fee or the booking fee.

Same day bookings are non-refundable once confirmed. By completing a same day booking you acknowledge that no refund will be issued for any reason once the booking is confirmed.

Patient no-shows are non-refundable. The full session fee and booking fee are retained.

In the rare event that a provider is unable to fulfill a confirmed session you will receive a full refund of all fees paid including the booking fee within 24 hours.

Phone consultations: The phone consultation fee is non-refundable. The fee applies as a full credit toward your first full session if booked within 72 hours. If a full session is not booked within 72 hours the fee is retained in full.

Technical failures for new patients: If a technical failure prevents your new patient initial evaluation from proceeding via video your session will be rescheduled at no additional charge with your original session fee credited in full. Audio-only is not available as a fallback for new patient initial evaluations.

Technical failures for established patients: If a technical failure occurs during your established patient session your provider will determine at their clinical discretion whether to continue via audio-only if clinically appropriate or reschedule. If rescheduled your original session fee is credited in full toward your rescheduled session.

Payment Authorization

By providing your payment information you authorize payment of the fees displayed at booking for services provided by your independently licensed healthcare provider. Session fees are established solely by the provider and are displayed before booking.

Nocturyn may facilitate payment processing and related administrative functions through secure third-party payment processors. Payment-processing activities are administrative in nature and do not alter the provider's responsibility for clinical services or ownership of professional fees.

Your payment information may be retained for future transactions until authorization is revoked in accordance with applicable law and platform policies.

Payment Disputes And Chargebacks

If you have a concern regarding a charge, please contact legal@nocturyn.com before filing a dispute with your bank or card issuer. We resolve most billing concerns quickly.

Nothing in these Terms limits your right to dispute a charge in good faith through your financial institution.

Where a chargeback is determined to be fraudulent, abusive, or inconsistent with these Terms and applicable law, Nocturyn reserves the right to suspend platform access, terminate platform access, or pursue collection of unpaid amounts as permitted by law.

Provider Standards

All providers on the Nocturyn platform are required to hold active independent unencumbered licensure in every state where they practice, carry individual malpractice insurance explicitly covering telehealth services, hold board certification or specialty credentialing in their field, demonstrate significant post-licensure clinical experience, and operate through their own professional entity. Nocturyn verifies these requirements prior to granting platform access. Nocturyn does not guarantee clinical outcomes.

No Medical Advice

Nothing on nocturyn.com constitutes medical advice, a diagnosis, or a treatment recommendation. The platform facilitates access to independently licensed providers. All clinical decisions are made solely by the provider and patient within their independent clinical relationship.

See Emergency Services section above.

Zero Tolerance Policy

Nocturyn is committed to maintaining a safe and respectful environment for patients, providers, and staff. Threatening, harassing, or abusive behavior toward any provider, coordinator, or staff member will not be tolerated and may result in immediate termination of platform access.

Intellectual Property

All content on nocturyn.com including text, design, graphics, brand elements, platform architecture, and our clinical continuity documentation framework is owned by Nocturyn LLC and protected by United States copyright law. You may not reproduce, distribute, or use any content from this site without express written permission from Nocturyn LLC.

DMCA Notice

If you believe that material on nocturyn.com infringes a third party copyright please contact us at legal@nocturyn.com with a written notice of claimed infringement. We will respond promptly by removing or disabling access to the material claimed to be infringing that is within our direct control.

Disclaimer Of Warranties

THE NOCTURYN PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. NOCTURYN LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE AVAILABILITY, ACCURACY, OR FITNESS FOR PURPOSE OF THE PLATFORM OR THE CLINICAL SERVICES DELIVERED THROUGH IT. NOCTURYN DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation Of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOCTURYN LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR RELIANCE ON THE NOCTURYN PLATFORM INCLUDING BUT NOT LIMITED TO DAMAGES RELATED TO CLINICAL OUTCOMES, PROVIDER CONDUCT, PLATFORM UNAVAILABILITY, OR DATA LOSS. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SESSION GIVING RISE TO THE CLAIM.

Indemnification

You agree to indemnify and hold harmless Nocturyn LLC, its members, managers, employees, and contracted practices from any claims, damages, losses, or expenses including reasonable legal fees arising from your use of the platform, your violation of these terms, or your provision of inaccurate information.

Mandatory Arbitration

Any dispute arising from these terms or your use of the Nocturyn platform that cannot be resolved informally through good faith communication with legal@nocturyn.com shall be resolved exclusively through binding arbitration administered by the American Arbitration Association under its consumer arbitration rules. The arbitration shall take place via video conference or in the state where the patient is located at the time of the dispute. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Governing Law

These Terms of Service are governed by the laws of the state where the patient is physically located at the time of service for matters related to clinical care and by the laws of the State of Wyoming for all other matters without regard to conflict of laws provisions.

Changes To These Terms

We may update these Terms of Service as the platform develops. Material changes will be communicated to users via email. The effective date at the top of this page reflects the date of the most recent version. Continued use of the platform after changes are posted constitutes acceptance of the updated terms.

Contact

Nocturyn LLC legal@nocturyn.com nocturyn.com