Terms of Use

INTRODUCTION

These Terms of Use constitute a legally binding agreement between you ("you") and MEDGm, LLC ("MEDGm," "we," "us," or "our"). These Terms of Use, together with any additional terms and policies referenced herein, govern your access to and use of the MEDGm website, platform, and related services (collectively, the "Services").

Even if you access the Services through a third-party website or application, you acknowledge and agree that these Terms of Use are entered into between you and MEDGm. By accessing or using the Services, you confirm that you have read, understood, and agreed to be bound by these Terms of Use.

IF YOU DO NOT AGREE WITH THESE TERMS OF USE OR ANY REFERENCED POLICIES, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

Any additional, different, or conflicting terms and conditions proposed by you in any communication are hereby rejected and shall have no force or effect with respect to your use of the Services.

Supplemental terms, policies, or documents that may be posted on the Services from time to time are hereby incorporated by reference. We reserve the right, in our sole discretion, to update or modify these Terms of Use and any related policies at any time and for any reason. Changes will be reflected by updating the "Last Updated" date. It is your responsibility to review these Terms periodically. Your continued use of the Services after any updates constitutes your acceptance of the revised Terms. If you do not agree to any updates, your sole remedy is to discontinue use of the Services.

YOUR RELATIONSHIP WITH MEDGM

MEDGm provides a technology platform that facilitates access to telehealth services, including communication tools, administrative support, and coordination with licensed providers.

MEDGm does not provide any medical services, including via the Site. The Services may include access to one or more professional medical organizations ("Medical Groups" or "Groups") who provide healthcare services (the "Healthcare Services") through the Site. These Groups employ or contract with licensed medical providers and other clinicians ("Providers") who offer certain Healthcare Services via the Site. All Providers who deliver Healthcare Services through the Site are (1) independent practitioners contracted or employed with affiliated Medical Groups that coordinate with MEDGm, and (2) solely responsible for the Healthcare Services you receive.

Accessing the Site does not create any patient-provider relationship. The Site is structured for use specific to certain Healthcare Services and is not, and should not be considered or used as, comprehensive medical advice, care, diagnosis, or treatment. In some cases, the Services may not be the most appropriate way for you to provide information to, communicate with, or seek medical care and treatment from a healthcare provider. For example, your Provider may determine that your diagnosis or treatment requires an in-person office visit or otherwise cannot be appropriately addressed through use of the Services. In such a case, you may be notified that you will be unable to use the Services for the particular issue for which you requested assistance.

MEDGM IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS, OR ANY OTHER INFORMATION, SERVICES, OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE PROVIDERS OR MEDICAL GROUPS.

To the extent the Services you seek require care by a licensed provider, all Healthcare Service consultations are provided by a Provider licensed in the state where you, the patient, are located, and are delivered via a secure platform that complies with the privacy and security standards established by the Health Insurance Portability and Accountability Act ("HIPAA"). Providers who provide Healthcare Services may provide diagnoses and prescribe medication, if clinically appropriate. Similarly, Providers may issue prescriptions both for controlled and non-controlled substances regulated by the federal Drug Enforcement Agency ("DEA"), encompassing both commercially available and compounded medications.

ELIGIBILITY

In order to use the Services, you must:

1. Be at least 18 years of age or older.
2. Live in the United States and in a state or territory where the Services are available.
3. Agree to be legally bound by and comply with these Terms of Use.
4. Have compatible computing and/or mobile devices, access to the Internet, and certain necessary software to use the Platform. Fees and charges may apply to your use of the mobile services and to the Internet.

ELECTRONIC COMMUNICATIONS

By accepting these Terms of Use, you agree and consent to MEDGm sending you disclosures, notices, messages, reports, and other communications electronically. These electronic communications may be sent via email, through the Site, or via other electronic means.

It is your responsibility to monitor these communications. You agree that any notices, agreements, disclosures, or other communications that MEDGm sends to you electronically will satisfy any legal communication requirements, including, but not limited to, the requirement that such communications be in writing.

You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. You acknowledge and agree that you will not hold MEDGm or any MEDGm affiliate liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications.

If you need to contact us regarding these communications, you may reach out to [email protected].

RESTRICTIONS ON USE

You will not use, or encourage or permit others to use, our Platform except as expressly permitted in these Terms. You will not:

1. Use or attempt to use the Platform or the Services for any other person than yourself.
2. Access or use the Platform in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or violates any applicable law.
3. "Jailbreak" your mobile operating system. The Platform is intended for use only on a device with an unmodified manufacturer-approved operating system. Using the Platform on a modified system may undermine security features intended to protect your Protected Health Information (PHI). Use of the Platform on such a device is a material breach of these Terms.
4. License, sublicense, sell, resell, transfer, or otherwise commercially exploit the Platform.
5. Use or access the Platform to create or develop competing products or services or for any purpose that puts MEDGm at a commercial disadvantage.
6. Take any action which could damage, disrupt, disable, or harm our Platform or any content.
7. Bypass or circumvent any security device, protection, or technological measure implemented by MEDGm or our service providers.
8. Input, upload, or transmit any virus, Trojan horse, or harmful computer code.
9. Remove, delete, or obscure any trademarks, warranties, or disclaimers from the Platform.

YOUR PROTECTED HEALTH INFORMATION ("PHI")

You understand and agree that the Site is intended to facilitate Healthcare Services by: (a) gathering healthcare records for use with Providers; (b) providing administrative support for scheduling and payment; (c) coordinating fulfillment and payment for prescription medications with our Pharmacy Partners; and (d) providing the technology for direct access to Providers.

Although MEDGm is not a "Covered Entity" under HIPAA, we gather unique information from you to enable a Provider to offer Healthcare Services, including health conditions, medications, and personal information (collectively, "Your Information").

Consent to Share Information: You give your express consent to MEDGm to send and disclose Your Information to the Medical Groups and their Providers. Further, you consent to the delivery of Your Information to affiliated and unaffiliated pharmacies, laboratories, and diagnostic companies as part of the coordination of your care, including the following Pharmacy Partners:

For a complete list of our Pharmacy Partners, including addresses and contact information, please refer to the Pharmacy Partners section below.

While HIPAA may not apply to every transaction or entity involved, to the extent MEDGm is deemed a "business associate," we will comply with the applicable provisions of HIPAA regarding your Protected Health Information (PHI). Any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy.

By using the Service, you acknowledge receipt of the Notice of Privacy Practices from your respective Medical Group and Provider(s). If you have questions about how your information is handled, you may contact us at [email protected].

CONSENT TO TELEHEALTH

Telehealth is a mode of delivering health care services via communication technologies to facilitate diagnosis, consultation, treatment, education, care management, and self-management of a patient's healthcare. By using the Services, you consent to receiving Healthcare Services from licensed Providers through telehealth technologies facilitated via the MEDGm platform.

OUR HEALTHCARE PROVIDERS DO NOT ADDRESS MEDICAL EMERGENCIES. IF YOU BELIEVE YOU ARE HAVING A MEDICAL EMERGENCY, YOU SHOULD DIAL 911 OR GO TO THE NEAREST EMERGENCY ROOM.

In this section, the terms "you" and "yours" refer to the person using the Service. This Telehealth Consent supplements but does not modify or supersede any other Terms of Use, Privacy Policy, or Notice of Privacy Practices of MEDGm or its affiliated professional entities.

BY CLICKING "I AGREE," CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, OR OTHERWISE AFFIRMATIVELY ACCEPTING THIS CONSENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS CONSENT. IF YOU DO NOT AGREE, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE.

TREATMENT-SPECIFIC CONSENT

By using the Services, you understand and agree to the following:

1. I understand that MEDGm facilitates telehealth visits conducted through videoconferencing, telephonic, and asynchronous technology, and that my Provider will not be present in the room with me.
2. I consent to the affiliated Medical Group and its Providers importing and accessing my medical records and medication list, including prescription records.
3. To protect the confidentiality of my health information, I agree to undertake my telehealth visit in a private location, and I understand that my Provider will similarly be in a private location.
4. I understand there are potential risks to the use of telehealth technology, including but not limited to interruptions, delays, unauthorized access, other technical difficulties, and data processing errors. I understand that either my Provider or I can discontinue the telehealth appointment if the technical connections are not adequate for my visit.

   I AGREE TO HOLD HARMLESS MEDGM AND ITS AFFILIATED MEDICAL GROUPS, TOGETHER WITH THEIR EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS, REPRESENTATIVES, ASSIGNS, PREDECESSORS, AND SUCCESSORS, FOR DELAYS IN EVALUATION OR FOR INFORMATION LOST DUE TO SUCH TECHNICAL FAILURES.

5. I understand that my Provider may be a nurse practitioner (NP), physician assistant (PA), or medical doctor (MD), depending on availability and clinical needs.
6. I understand that I could seek an in-office visit rather than obtain care from a Provider, and I am choosing to participate in a telehealth visit. I further understand that my Provider may not have access to a complete copy of my medical records and will not have the ability to perform an in-person examination, which could result in negative health outcomes from the recommended treatment (e.g., adverse drug interactions or allergic reactions). I understand that while using telehealth technologies may benefit me, no such benefits or specific results are guaranteed, and my condition may not improve.
7. I understand that participating in a telehealth visit is not a guarantee that I will be given a prescription, and that the decision as to whether a prescription is appropriate for my condition will be made in the professional judgment of my Provider.
8. I understand that while the Platform may make available access to certain pharmacy or diagnostic lab services, I may request to use any pharmacy or lab of my preference.
9. I understand that I am responsible for payment of any amounts due and owing resulting from my telehealth visit.
10. I understand that Providers do not address medical emergencies via the Platform. The responsibility of my Provider may be to direct me to emergency medical services, such as an emergency room.
11. I agree that any information I provide as part of any telehealth visit is accurate, true, and complete.
12. I understand that my Provider may determine that a telehealth visit is not appropriate for me due to my particular health concern or for other reasons related to my health status. In such a case: (i) I will receive a notification that I will be unable to use the Services for the particular issue I submitted; (ii) my request will not be forwarded to a Provider; and (iii) I will need to seek any needed care in another way.

ADDITIONAL CONSENT — COMPOUNDED MEDICATIONS

The following consent applies to patients who receive a prescription from a Provider for compounded medications:

1. I understand that the FDA does not approve nor review compounded products for safety, effectiveness, or quality.
2. I understand that compounding pharmacies must adhere to strict quality control standards to ensure the safety and effectiveness of the medications they prepare. Compounding pharmacies are licensed pharmacies subject to state and federal regulations.
3. I understand that safety information about prescribed medications is available from my Provider or Pharmacy Partner upon request.

PROPRIETARY RIGHTS

MEDGm owns and retains all proprietary rights in the Site, and in all content, trademarks, trade names, service marks, and other intellectual property rights related thereto. The Site contains the copyrighted material, trademarks, and other proprietary information of MEDGm and its licensors.

You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Site, without first obtaining the prior written consent of MEDGm or, if such property is not owned by MEDGm, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure, or otherwise alter any proprietary notices appearing on any content, including copyright, trademark, and other intellectual property notices.

PAYMENTS AND SUBSCRIPTIONS

You agree to pay all applicable fees associated with the Services you receive, including but not limited to provider consultations, pharmacy fulfillment, laboratory services, and any related administrative fees. All fees are stated in U.S. dollars and are non-refundable unless otherwise specified.

If you enroll in a subscription-based service, your subscription will automatically renew at the end of each billing cycle unless you cancel prior to the renewal date. You are responsible for managing your subscription and ensuring timely cancellation if you no longer wish to continue. MEDGm reserves the right to change pricing at any time, with reasonable notice provided to active subscribers prior to the next billing cycle.

Failure to make timely payments may result in suspension or termination of your access to the Services. You are solely responsible for all charges incurred under your account.

CANCELLATION AND REFUND POLICY

You may cancel your Subscription Service at any time by contacting us at [email protected]. Cancellation requests must be received at least 72 hours prior to your billing date. After cancellation, you will continue to receive services through the end of your current billing cycle.

If you are disqualified by a licensed provider for any medical reason, you will receive a full refund. Other than cancellation due to medical disqualification, no refunds will be issued upon cancellation of the Subscription Services. Federal law generally prohibits the return of prescription medications once dispensed to a patient.

For complete details on cancellations, refunds, damaged or incorrect items, and FAQs, please review our full Cancellation and Refund Policy.

USER RESPONSIBILITIES

By using the Services, you represent and warrant that:

1. All information you provide in connection with the Services, including registration, medical history, and personal data, is truthful, accurate, current, and complete.
2. You will promptly update any information that changes to maintain its accuracy.
3. You will use the Platform only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations.
4. You will not misuse, interfere with, or disrupt the Platform or its underlying systems or networks.
5. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
6. You will notify MEDGm immediately if you suspect unauthorized access to or use of your account.

CONSENT TO TEXT OR EMAIL COMMUNICATIONS

By using the Services, you authorize MEDGm and its affiliated Medical Groups to contact you via phone call, SMS/text message, or email at the contact information you have provided, for the purposes of:

• Appointment reminders and scheduling updates
• Patient feedback requests
• Order and shipping notifications
• General health and wellness information

You understand and agree that these communications may be generated in part by automated systems. Standard messaging and data rates may apply. This authorization will remain in effect unless you revoke it in writing. You may opt out of receiving such communications at any time by following the opt-out instructions provided in each message or by contacting us at [email protected].

You acknowledge that using these communication methods presents a potential security risk of unauthorized access to protected health information (PHI), and you accept this risk by consenting to receive communications through these methods.

NO GUARANTEES

The delivery of healthcare services via telehealth is an evolving field. No potential benefits from the use of telehealth or other technology, or specific results, can be guaranteed, including any laboratory testing results or related diagnosis or treatment by your Provider(s). Your condition may not be cured or improved, and in some cases may get worse. There are limitations in the provision of medical care or other services and treatment via telehealth and technology, and you may not be able to receive diagnosis and/or treatment through telehealth for every condition for which you seek assistance.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MEDGM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEDGM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

Licensed Providers, and not MEDGm, are solely responsible for all medical care decisions, diagnoses, prescriptions, and Healthcare Services rendered. MEDGm's total liability to you for any claims arising from or related to these Terms or your use of the Services shall not exceed the total amount you paid to MEDGm during the twelve (12) months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, MEDGm's liability shall be limited to the greatest extent permitted by applicable law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MEDGm, its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms of Use; (c) your violation of any third-party rights, including intellectual property or privacy rights; or (d) any content or information you submit or transmit through the Services.

This indemnification obligation will survive the termination of your account and your use of the Services.

DISPUTE RESOLUTION

Any dispute, controversy, or claim arising out of or relating to these Terms of Use, or the breach, termination, or validity thereof, shall first be attempted to be resolved through good-faith informal negotiation. If informal resolution is not achieved within thirty (30) days of a written notice of dispute, either party may pursue binding arbitration administered in accordance with the rules of the American Arbitration Association ("AAA").

You agree that any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information.

TERMINATION

MEDGm reserves the right to suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including but not limited to violation of these Terms, suspected fraudulent activity, or conduct that MEDGm deems harmful to other users, Providers, or MEDGm's business interests.

You may terminate your account at any time by contacting us at [email protected]. Upon termination, your right to use the Services will immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Proprietary Rights, Limitation of Liability, Indemnification, and Dispute Resolution.

CHANGES TO TERMS

We reserve the right to modify, amend, or replace these Terms of Use at any time at our sole discretion. If we make material changes, we will update the "Last Updated" date at the top of this page and may notify you through the Platform or via email. Your continued use of the Services after any such changes constitutes your acceptance of the updated Terms. If you do not agree with the revised Terms, your sole remedy is to discontinue use of the Services.

GOVERNING LAW

These Terms of Use and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law provisions. To the extent that litigation is permitted under these Terms, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the State of Florida.

SEVERABILITY

If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

ENTIRE AGREEMENT

These Terms of Use, together with our Privacy Policy, Notice of Privacy Practices, and any other legal notices or supplemental terms published by MEDGm on the Services, constitute the entire agreement between you and MEDGm regarding your use of the Services and supersede all prior agreements, understandings, and communications, whether written or oral.

CONTACT INFORMATION

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

STATE COVERAGE

MEDGm is currently offering services in all 50 states plus Washington, D.C. Some services may not be available in all 50 states or Washington, D.C. Service availability is subject to change at any time without prior notice. It is your responsibility to verify that the specific Services you seek are available in your state or territory before initiating a consultation.

PHARMACY PARTNERS

MEDGm coordinates with the following licensed pharmacy partners for the fulfillment of prescription medications. You may request to use any pharmacy of your preference.