Terms of Use

1.Agreement to these Terms

These Terms of Use (the “Terms”) are a binding agreement between you and [COED RX legal entity name] (“COED RX,” “we,” “us,” or “our”). They govern your use of our website, our online visit platform, and any related products, communications, and services (together, the “Services”).

By using the Services or creating an account, you agree to these Terms, our Privacy Policy, and our Consumer Health Data Privacy Policy. If you don’t agree, please don’t use the Services.

Please read the dispute resolution, arbitration, and class action waiver section carefully. It requires most disputes to be resolved through individual binding arbitration rather than in court, and it waives your right to bring or join a class action. You can opt out of arbitration as described in that section.

2.Not for emergencies

THE SERVICES ARE NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU MAY BE HAVING A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. IF YOU ARE HAVING THOUGHTS OF HARMING YOURSELF, CALL OR TEXT 988 TO REACH THE 988 SUICIDE & CRISIS LIFELINE. Messages sent through the Services are not monitored around the clock, and a clinician may not see them right away.

3.Our role and your clinicians

COED RX is not a medical provider and does not practice medicine. We provide a technology platform and administrative services that connect you with independent, licensed healthcare providers affiliated with [Medical group name] and its affiliated professional entities (the “Medical Group”), and with independent licensed pharmacies.

• Medical services are provided by clinicians of the Medical Group (each, a “Provider”), who exercise their own independent professional judgment. COED RX does not control or interfere with that judgment.
• Using the Services does not create a provider-patient relationship between you and COED RX. A provider-patient relationship forms only between you and a Provider, if and when a Provider agrees to treat you.
• A Provider may decide that a treatment isn’t appropriate for you, or that you need lab work, an in-person exam, or care from someone else. Submitting a request does not guarantee a prescription.
• Online care has limits. Please review our Telehealth Consent, which you’ll be asked to accept before a visit.
• The Services do not replace a primary care provider. We encourage you to keep one and to share information about your treatment with them.

Educational content on the Services, including treatment pages and articles, is for general information. It isn’t medical advice for your situation and shouldn’t be used to diagnose or treat any condition without a Provider.

4.Eligibility

To use the Services, you must:

• be at least 18 years old;
• be physically located, at the time of each visit, in a U.S. state where the Services and the treatment you request are available;
• be able to form a binding contract, and not be barred from using the Services under applicable law; and
• use the Services only for yourself.

Some treatments have additional requirements. Availability can change by state and over time, and meeting these requirements does not guarantee that a Provider will treat you.

5.Your account and the information you provide

You may need to create an account and verify your identity, which can include providing a government-issued photo ID. You agree to:

• give accurate, current, and complete information, including your full medical history, medications, and allergies, and keep it up to date;
• keep your login credentials confidential and secure;
• maintain only one account, and not share it with anyone; and
• tell us promptly at [support email address] if you suspect unauthorized use of your account.

Providers rely on what you tell them. Incomplete or inaccurate information can lead to inappropriate treatment and harm. A Provider may end the provider-patient relationship, and we may suspend your account, if information you provide is false or misleading.

6.Prescriptions and pharmacy services

If a Provider prescribes a treatment, the prescription is sent to an independent licensed pharmacy that fills it and ships it to you. Where the law allows, you may ask for a prescription to be sent to a pharmacy of your choice instead, though pricing and availability may differ.

• Some medications are prepared by licensed compounding pharmacies. Compounded medications are not FDA-approved, and FDA does not review them for safety, effectiveness, or quality. Your Provider will explain when a treatment is compounded or prescribed off-label.
• Pharmacies are responsible for dispensing, labeling, and shipping your medication and for their own pharmacist counseling. Please read the information that comes with your medication and follow your Provider’s and pharmacist’s instructions.
• Medications may be shipped in packaging that is not child-resistant. Store all medications out of the reach of children and pets.
• Controlled substances, such as testosterone, are subject to additional federal and state rules that may affect whether and how they can be prescribed through telehealth.
• You agree not to share, sell, or give your medication to anyone else.

7.Payments and pricing

Prices for visits, medications, and other products are shown before you pay. By providing a payment method, you authorize us, and our payment processors, to charge it for the amounts you agree to, including applicable taxes and shipping.

• The Services are self-pay. We don’t bill health insurance, Medicare, or Medicaid, and you’re responsible for paying in full.
• We may change prices at any time. Changes don’t affect orders you’ve already paid for, and we’ll notify you before a price change applies to a subscription.
• If a charge fails, we may retry it, and we may pause or cancel shipments until payment is resolved.

8.Subscriptions and automatic renewal

Some treatments are offered as a subscription. If you choose one, the price, billing frequency, and what’s included will be shown before you confirm your purchase.

Subscriptions renew automatically, and you authorize us to charge your payment method at each renewal at the then-current price until you cancel.

• Each refill requires a valid prescription. If a Provider doesn’t renew your prescription, you won’t be charged for that shipment.
• You can cancel online through your account or by contacting us at [support email address]. To avoid the next charge, cancel before the cutoff shown in your account, which is generally at least 48 hours before your next billing date.
• Cancellation stops future renewals. It doesn’t refund charges already processed, except as described in Refunds, returns, and order issues.
• We’ll send reminders before renewals where the law requires them.

9.Refunds, returns, and order issues

• If a Provider determines that a treatment isn’t appropriate for you, or your request expires before a Provider reviews it, we’ll refund any amount you paid for that medication.
• Fees for a completed visit or consultation are non-refundable once a Provider has reviewed your information, unless the law requires otherwise.
• For safety reasons and under pharmacy laws, medications cannot be returned or exchanged once they have been dispensed.
• If your order arrives damaged, incorrect, or doesn’t arrive, contact us at [support email address] within 14 days of the expected delivery date, and we’ll work with the pharmacy to make it right.

Approved refunds go back to your original payment method and may take several business days to appear.

10.Email, text messages, and electronic communications

You agree to receive communications from us, the Medical Group, and pharmacies electronically, including by email, text message, and in-app or online notices. Electronic communications satisfy any legal requirement that a communication be in writing.

Text messages

If you give us your mobile number, you agree that we, the Medical Group, and pharmacies may send you text messages about your account, visits, prescriptions, orders, and care, including automated messages. If you separately opt in to marketing texts, we may also send you recurring automated marketing messages. Consent to marketing texts is not a condition of any purchase.

• Message frequency varies. Message and data rates may apply.
• Reply STOP to any message to stop receiving texts from that program, and HELP for help. You can also contact us at [support email address].
• Carriers are not liable for delayed or undelivered messages.

A note on security

Standard email and text messages are not encrypted. Avoid sending sensitive health information by regular email or text. Use the secure messaging tools in your account instead.

You can unsubscribe from marketing emails using the link in any marketing email. We’ll still send messages about your account, care, and orders.

11.Acceptable use

You agree not to:

• provide false information, impersonate anyone, or use the Services on someone else’s behalf;
• use the Services to obtain medication for anyone other than yourself, or for resale;
• copy, scrape, crawl, or harvest content or data from the Services, including with automated tools, except as permitted by a published robots.txt file for search indexing;
• reverse engineer, decompile, or attempt to access the Services’ source code or non-public systems, or interfere with their security or operation;
• harass, threaten, or abuse Providers, pharmacists, or our staff;
• upload viruses or malicious code, or use the Services in a way that could damage, disable, or overburden them; or
• use the Services for any unlawful purpose or in violation of these Terms.

12.Ownership and license

The Services, including their design, text, photography, graphics, logos, and software, are owned by COED RX or its licensors and are protected by intellectual property laws. COED RX and its logos are our trademarks.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for your own non-commercial use. All rights not expressly granted are reserved.

13.Content and feedback you submit

You keep ownership of content you submit, such as reviews, messages, and photos. Health information you provide for your care is handled as described in our Privacy Policy and the Medical Group’s Notice of Privacy Practices.

If you submit a review, testimonial, or other public content, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and display it in connection with the Services, subject to applicable law and any consent we request from you. If you send us suggestions or feedback, we may use them without obligation to you.

14.Copyright complaints

If you believe content on the Services infringes your copyright, send a notice that meets the requirements of the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) to our designated agent at [legal email address] or [Mailing address]. We may remove infringing content and terminate repeat infringers’ accounts.

15.Third-party services and links

The Services may include links to, or features provided by, third parties, such as payment processors, laboratories, shipping carriers, and the websites of regulators and publishers. We don’t control and aren’t responsible for third-party services, content, or practices, and your use of them may be governed by their own terms and privacy policies.

16.Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We don’t warrant that the Services will be uninterrupted, secure, or error-free, or that any treatment will produce a particular result. Results vary from person to person. COED RX is not responsible for the medical judgment of Providers or the dispensing activities of pharmacies, which are independent of us.

17.Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COED RX AND ITS OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THEIR POSSIBILITY.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some states don’t allow certain limitations or exclusions, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

18.Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless COED RX and its officers, employees, and agents from claims, losses, and expenses, including reasonable attorneys’ fees, arising from your misuse of the Services, your violation of these Terms, or your violation of anyone else’s rights.

19.Dispute resolution, arbitration, and class action waiver

Informal resolution first

Before starting arbitration or a court case, you and we agree to try to resolve the dispute informally. Send a written description of your claim, the relief you want, and your contact details to [legal email address]. We’ll do the same by writing to the email on your account. If the dispute isn’t resolved within 60 days, either party may begin arbitration.

Binding individual arbitration

Except as described below, any dispute arising from or relating to the Services or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, before a single arbitrator. The Federal Arbitration Act governs this section. Arbitration may take place by video or in the county where you live, and we’ll pay arbitration fees as required by the AAA’s rules.

Exceptions

Either party may bring an individual claim in small claims court if it qualifies, and either party may seek relief in court for the infringement or misuse of intellectual property. Claims of medical malpractice against a Provider are not covered by this section.

Class action and jury waiver

YOU AND COED RX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND COED RX WAIVE ANY RIGHT TO A JURY TRIAL. If this class action waiver is found unenforceable for a claim, that claim will be decided in court, not arbitration.

Your right to opt out

You may opt out of this arbitration agreement by sending written notice to [legal email address] or [Mailing address] within 30 days after you first accept these Terms. Your notice must include your name, address, the email on your account, and a clear statement that you want to opt out. Opting out won’t affect any other part of these Terms.

Changes to this section

If we make a material change to this section, it won’t apply to claims already pending, and you may reject the change by notifying us within 30 days of it taking effect.

20.Governing law and venue

These Terms are governed by the laws of [State], without regard to its conflict of law rules, and by the Federal Arbitration Act. For any dispute not subject to arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts located in [County, State].

21.Changes to the Services and these Terms

We may update the Services and these Terms from time to time. If we make material changes, we’ll notify you, for example by email or a notice in the Services, before they take effect. The “Last updated” date shows when these Terms last changed. Continuing to use the Services after changes take effect means you accept them.

22.Suspension and termination

You may stop using the Services and close your account at any time. We may suspend or end your access if you violate these Terms, if required by law, or if continuing would create risk for you, others, or us. Sections that by their nature should survive termination, including those on payments, disclaimers, limitation of liability, indemnification, and dispute resolution, will survive.

23.General terms

• These Terms, together with the policies they reference, are the entire agreement between you and COED RX about the Services.
• If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision isn’t a waiver.
• You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Nothing in these Terms creates a partnership, joint venture, or agency relationship between you and COED RX.

Notice for California residents

Under California Civil Code § 1789.3, California users are entitled to the following consumer rights notice: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

24.Contact us

Questions about these Terms? Contact us at [support email address] or write to [COED RX legal entity name], [Mailing address].