TERMS OF USE & SERVICE AGREEMENT

Last Updated: Dec 4, 2025

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER, WHICH REQUIRES YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION.

1. Introduction and Acceptance of Terms

Welcome to DiscreetKetamine.com (the "Site"), which provides both access to the website and the direct provision of professional medical services ("Medical Services"). The Site and Medical Services are operated by Discreet Ketamine LLC (referred to as "DiscreetKetamine," "we," "us," or "our"), a licensed medical practice owned and operated by Dr. Ben Soffer (the "Medical Practice").

By accessing, browsing, or utilizing the Site or enrolling in the Medical Services, you agree to be bound by these Terms, our Privacy Policy, and our Notice of Privacy Practices (HIPAA). If you do not agree to these Terms, you must not access or use the Site or the Medical Services.

2. Provision of Medical Services and Telemedicine

A. Direct Patient-Provider Relationship

DiscreetKetamine is a licensed medical practice and is the direct provider of all Medical Services offered through this Site. When you register for treatment, you establish a direct patient-provider relationship with DiscreetKetamine and the licensed Clinicians (including Dr. Ben Soffer and any supervised practitioners) who provide your care.

B. Nature of Telemedicine Services

You acknowledge and consent to receiving Medical Services, which may include consultation, diagnosis, and prescription of controlled substances (Ketamine), via telehealth technologies (telemedicine).

3. Ketamine Treatment and Important Health Disclaimers

A. High-Risk Treatment and Controlled Substance Warning

The use of ketamine, a Schedule III controlled substance, involves inherent and potentially serious risks. You acknowledge and agree that:

  1. Strict Use: Ketamine is a controlled substance and must be used strictly as prescribed by your Clinician. Misuse, abuse, or diversion is illegal and strictly prohibited and will result in immediate termination of treatment and reporting to authorities.

  2. Safety Protocols: You agree to strictly follow all instructions, protocols, and safety guidelines provided by your Clinician, including having an authorized adult Peer Treatment Monitor present throughout the session, as required.

4. User Eligibility and Patient Enrollment

To receive Medical Services, you must be 18 years of age or older and be a resident of a state where DiscreetKetamine is licensed to practice. You agree to provide complete and accurate health information to your Clinician.

5. Payments, Fees, and Insurance Policy

A. Fee Structure

You agree to pay all fees for the Medical Services (including consultation, follow-ups, and the costs of the compounded medication fulfilled by an outside pharmacy). You authorize DiscreetKetamine, or its third-party payment processor, to charge your designated payment method for all applicable fees.

B. Non-Participation in Government Programs

DiscreetKetamine operates as a private, cash-pay medical practice and does not participate in Medicare or Medicaid.

You acknowledge and agree to the following regarding these government programs:

  • No Coverage: You understand and agree that the services provided by DiscreetKetamine, including all consultation fees, administrative costs, and the cost of compounded ketamine medication, are not covered by Medicare, Medicaid, or any other federal or state healthcare program.

  • Reason for Exclusion: This exclusion is due to the nature of our service model, which includes specialized telehealth delivery and the prescription of custom-compounded medications, which are generally not reimbursed by these programs.

  • Private Contract: By enrolling in our service, you are entering into a private contract for the services, and you agree to be personally responsible for the full cost of all fees and expenses. You agree not to submit any claims for reimbursement from Medicare or Medicaid for the services you receive from DiscreetKetamine.

6. Limitation of Liability and Professional Responsibility

A. Professional Liability

DiscreetKetamine and its Clinicians are subject to professional standards and laws governing medical malpractice. Nothing in these Terms attempts to limit or disclaim liability for medical malpractice or gross negligence arising directly from the provision of the Medical Services.

B. Technology and Site Disclaimer

Except for liability arising from medical malpractice or gross negligence, DiscreetKetamine is not liable for any damages or loss resulting from the interruption, delay, or failure of the Site or telemedicine technology.

7. Governing Law and Dispute Resolution

A. Governing Law

These Terms and your relationship with DiscreetKetamine shall be governed by and construed in accordance with the laws of the State of Florida.

B. Mandatory Binding Arbitration and Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms or the services shall be resolved exclusively through confidential, binding arbitration in Boca Raton, Florida, under the rules of the American Arbitration Association ("AAA"). You and DiscreetKetamine agree to waive any right to bring or participate in any class action, consolidated action, or representative action.

8. Miscellaneous

  1. Termination: We may terminate or suspend your account and access to the services if you breach these Terms, misuse the medication, or for any medical/safety concern.

  2. Contact Information: For questions about these Terms or the Medical Practice, please contact us at:

Discreet Ketamine LLC

2901 Clint Moore Rd #5060

Boca Raton, FL 33496

561-468-6981

Email: drben@discreetketamine.com