True Medicine, Inc. Terms of Service

Welcome to True Medicine, Inc. ("True Medicine, Inc.," “we,” “us,” or other similar terms). Please read these Terms of Service carefully. They contain important information that you should know about our services, and they affect your rights.

This first part is very important:

True Medicine, Inc.'s Terms of Service include an arbitration agreement that, with limited exceptions, requires you to submit claims you have against us to binding and final arbitration. Under the arbitration agreement, which you can read in Section 7 below, you will only be permitted to pursue claims against True Medicine, Inc. on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. You have the right to opt out of the arbitration agreement entirely, as described in Section 7.4 below.

These Terms of Service describe a contractual relationship between us, True Medicine, Inc., and you, an individual customer of True Medicine, Inc. True Medicine, Inc. provides its services to you through its website located at truemed.com (the "Site"), through integrations with its supplier partners ("Partners"), which may include consumer products companies and service providers like fitness studios, and through its related services (collectively the "Services"), subject to the following Terms of Service.

In connection with the Services, True Medicine, Inc. contracts with telehealth services providers (the "Medical Groups") to facilitate online telehealth services provided by licensed practitioners from the Medical Groups (each a "Provider") to True Medicine, Inc. customers who are their patients.

These Terms of Service do not apply to True Medicine, Inc.'s commercial relationships with its Partners.

By accessing True Medicine, Inc.'s Site or by using True Medicine, Inc.'s Services, your access to the Services are subject to, and you agree to be bound by these Terms of Service. You also acknowledge True Medicine, Inc.'s Privacy Policy and, where applicable, Consumer Health Data Privacy Policy, consent to True Medicine, Inc.'s Telehealth Consent, and you agree to be bound by any other terms or conditions of the Medical Groups referenced in the foregoing. If you do not agree with these Terms of Service, or those contained in True Medicine, Inc.'s Privacy Policy or Telehealth Consent, you should not access True Medicine, Inc.'s Site or use True Medicine, Inc.'s Services or the Medical Groups' telehealth services.

True Medicine, Inc. provides payment integration and eligibility qualification Services to its customers and to customers of its Partners. In connection with the Services, True Medicine, Inc. provides access to Providers associated with the Medical Group, who use technology provided by True Medicine, Inc. to issue Letters of Medical Necessity to eligible customers to facilitate the customers' purchases of goods and services with Health Savings Accounts, Flexible Spending Accounts, and other flexible healthcare spending accounts (together “HSA/FSA(s)”), as further described in Section 2 below.

True Medicine, Inc. reserves the right to modify or discontinue its Services with or without notice. You agree that True Medicine, Inc. will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

To be eligible to use the Services, you must be at least 18 years old and a resident of the United States or its territories. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us.

True Medicine, Inc. reserves the right, at our sole discretion, to change or modify portions of these Terms of Service. In some cases, True Medicine, Inc. will post a notice of material changes on the Site or send you notice through the Services, via e-mail or by another appropriate means of electronic communication. Any such changes will become effective no earlier than fourteen (14) days after they are posted or notice is sent, as applicable, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. By accepting these Terms of Service, you agree and consent to True Medicine, Inc., the Medical Groups, the Medical Groups' Providers, and any other health care organization(s) or provider(s) with whom we partner to provide the Services sending you disclosures, notices, messages, reports, and other communications either in writing or electronically, including without limitation through your account or by email. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold True Medicine, Inc., the Medical Groups, any Provider, or any other health care organization(s) or provider(s) with whom we partner to offer the Services liable for any loss, injury, or claim of any kind resulting from your failure to read these communications. Moreover, you acknowledge and agree that no means of electronic transmission can be guaranteed to be 100% secure. By accessing or using the Services, you agree to us transmitting health and other information to you electronically and that any information sent to or signed by you or us electronically shall be deemed equivalent to as if such information was provided or signed in writing.

TRUE MEDICINE, INC. DOES NOT PROVIDE MEDICAL ADVICE, MEDICAL SERVICES, OR MEDICAL CARE. Instead, True Medicine, Inc. contracts with the Medical Groups, which operate a network of Providers who provide telehealth services. The Medical Groups' Providers deliver healthcare services, namely evaluation of eligibility for, and the issuance of, Letters of Medical Necessity via the True Medicine, Inc. platform to True Medicine, Inc. customers who are their patients.

True Medicine, Inc. offers an online communication platform for these Providers and their patients to connect via the Site through the use of asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers. True Medicine, Inc. does not own or operate the Medical Groups, or employ or supervise the Providers, but may provide business support services to them. The services provided by the Providers are the sole responsibility of the Medical Groups and the Providers who are independently contracted or employed by the Medical Groups. The Medical Groups and their Providers, and not True Medicine, Inc., are responsible for the quality and appropriateness of the medical care they provide to you when they evaluate your health information, assess your eligibility, and elect (or decline) to issue a Letter of Medical Necessity to you. True Medicine, Inc. does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Services.

Moreover, any information or advice you receive from a Provider comes from the Provider alone, and not from True Medicine, Inc. Your interactions with Providers via our Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither True Medicine, Inc. nor any third party who may promote the Site or Service or provide a link to the Service, including True Medicine, Inc.'s Partners, shall be liable for any professional advice obtained from a Provider via the Site or Service.

True Medicine, Inc. does not recommend or endorse any specific Providers, physicians, clinicians, products, services, procedures, or Partners. By using our Services, you acknowledge and accept that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk, and you assume full responsibility for all risks associated herewith.

Similarly, your use of the Services or receipt of a Letter of Medical Necessity does not guarantee that your HSA/FSA plan administrator or employer will accept or agree that any product or service purchased through the Services is an expense that is eligible under your HSA/FSA plan, or agree to reimburse you for any such purchase. Nor does your use of the Services or receipt of a Letter of Medical Necessity guarantee that the U.S. Internal Revenue Service, or state and local tax authorities, will agree that your expense is a qualified medical expense under Section 213(d) of the Internal Revenue Code.

HSA/FSA plans vary, and if you have any questions about your eligibility to purchase a product or service under your plan, you should contact your plan administrator in advance. Except as expressly set forth herein, True Medicine, Inc. makes no warranties about the tax treatment or eligibility under HSA/FSA plans of any products or services purchased through or in connection with the Services. By using our Services, you acknowledge and accept that your reliance on any Letter of Medical Necessity to substantiate the eligibility of your purchases is solely at your own risk, and except as expressly set forth herein, you assume full responsibility for all associated financial risks. To learn more about the limited assurances that True Medicine, Inc. does offer, please read Section 3.6 below.

THE TRUE MEDICINE, INC. SITE AND SERVICES ARE NOT FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL "911" IMMEDIATELY.

You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Site, or that you receive through the Services, including through a Provider. If you believe you have an emergency, call 9-1-1 immediately. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

True Medicine, Inc., the Medical Groups, and the Providers operate subject to state and federal regulations, and the Services may not be available in your state. Access to and use of the Site or the Services is limited exclusively to users located in States within the United States where the Services are available. The Services are not available to users located outside the United States. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.

In order to use the Services, you will be required to review and agree to a telehealth consent regarding the use of telehealth (the "Patient Consent") that will be provided to you via the Service.

When you provide information to True Medicine, Inc. or in connection with True Medicine, Inc.'s Services, you agree to provide only true, accurate, current and complete information about yourself, and you agree not to misrepresent your identity, your medical history, your objectives for your purchase(s) from Partners, your state of residence, your account information, or any other information to which you attest through the Services. You are fully responsible for maintaining any and all records necessary to substantiate purchase eligibility under your HSA/FSA plan or the rules and regulations of any applicable tax authority. You are also responsible for making any necessary filings or submissions to the IRS or any other applicable tax authority in connection with your purchases.

If you qualify to receive a Letter of Medical Necessity, your Letter of Medical Necessity represents a Provider's opinion, based on your attestation, that an exercise program, supplement program, or other intervention is primarily for the purpose of treating, preventing, curing, or mitigating the disease(s) which you identify. This Letter may be able to assist you with purchasing identified items with your HSA/FSA funds. As explained in Section 2.2 above, True Medicine, Inc. does not provide medical advice, medical services, or medical care. Nor does True Medicine, Inc. guarantee that your receipt of a Letter of Medical Necessity, or your use of the Services more generally, will ensure that your HSA/FSA administrator, your employer, or the Internal Revenue Service or other tax authority will agree that your purchase is eligible under your HSA/FSA plan. True Medicine, Inc. does not provide tax advice; contact a tax accountant if you have questions regarding tax laws as they pertain to tax exempt medical expenditures.

You are responsible for maintaining the secrecy of the login credentials to your True Medicine, Inc. account, and any other access credentials you may use to access your True Medicine, Inc. account. You must notify us immediately if you believe your login credentials or the security of your True Medicine, Inc. account has been compromised or stolen. You agree to follow reasonable information security procedures to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. Your credentials include your username and password to your True Medicine, Inc. account. You are also responsible for maintaining the accuracy of the information in your True Medicine, Inc. account.

You agree to not use True Medicine, Inc.'s Services to:

• interfere with or disrupt the Site or the Services, or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
• violate any applicable local, state, national or international law, or any regulations having the force of law;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• solicit personal information from anyone under the age of 18;
• harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
• obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service; or
• resell any Letters of Medical Necessity or other services you obtain from a Provider.

You also agree not to:

• use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Services or to surreptitiously intercept or expropriate any system, data or personal information from the Services; or
• take any action that imposes an unreasonable or disproportionately large load on True Medicine, Inc.'s infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique.

If you elect to use any part of the Services that are made available for a fee, you will be required to provide True Medicine, Inc. with information regarding your credit card, debit card, or other payment method. You represent and warrant to True Medicine, Inc. that such information is true and that you are authorized to use the payment method concerned. You agree to pay the amount that is specified in accordance with these Terms of Service. You acknowledge and agree that, under certain circumstances, True Medicine, Inc. may place an authorization hold on your account until a Provider has issued you a Letter of Medical Necessity. If you choose, you may store one or more payment methods with True Medicine, Inc. for future use. By storing a payment method, you authorize True Medicine, Inc. and its service providers to retain it (including in tokenized form) and to use it to process payments that you authorize in connection with the Services, including one-time purchases, recurring or subscription purchases in which you enroll, and purchases made from or through any of True Medicine, Inc.'s Partners. A stored payment method is not limited to use with any single Partner, retailer, or subscription. You may review, update, or remove a stored payment method at any time through your account settings.

If you dispute any charges, you must advise True Medicine, Inc. within sixty (60) days after the date that True Medicine, Inc. charges you. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on True Medicine, Inc.'s net income.

You acknowledge and agree that True Medicine, Inc. provides payment processing services to certain Partners. If you are using True Medicine, Inc.'s Services to purchase a product or service supplied by a True Medicine, Inc. Partner, you acknowledge and agree that True Medicine, Inc. may process your transaction as the merchant of record, even though your order may be fulfilled by the applicable Partner of True Medicine, Inc. If you are referred to the Services by one of True Medicine, Inc.'s Partners, you acknowledge and agree that True Medicine, Inc. may share certain information with that Partner about your eligibility for a Letter of Medical Necessity. More information about True Medicine, Inc.'s use and disclosure of data, including to Partners, is available in True Medicine, Inc.'s Privacy Policy and Consumer Health Data Privacy Policy.

True Medicine, Inc. does not offer refunds except in the limited circumstances described below. We strive to provide great customer service, so if you have any concerns about True Medicine, Inc. or the Services we provided, we encourage you to contact us at support@truemed.com.

Please contact us in the event that the Letter of Medical Necessity you receive is rejected by your HSA/FSA plan administrator. In some circumstances, we may be able to work with the Medical Group and your Provider to enable them to provide you with an updated Letter of Medical Necessity (e.g., using the administrator's form). If we are unable to work with the Medical Group and your Provider to resolve your administrator's concerns, you may be eligible for the following refund or reimbursement:

• If you signed up for the Services directly through True Medicine, Inc., and not through one of True Medicine, Inc.'s Partners, you are eligible for a refund of the price you paid to True Medicine, Inc. for your Letter of Medical Necessity. However, we may decline to issue a refund if we suspect that you have violated these Terms of Service.
• If you utilized True Medicine, Inc.'s Services via an integration with or referral from one of True Medicine, Inc.'s Partners, please contact the applicable Partner for a refund of the product or service you purchased. If your Letter of Medical Necessity is rejected by your plan administrator, we'll do our best to make you whole for the tax savings you would have realized. In these circumstances, we typically offer 30% of the corresponding purchase price, subject to our receipt of any relevant documentation that we reasonably request. Any such payments are made solely at the discretion of True Medicine, Inc. and may be based upon the tax savings that you would have actually realized. Without limiting the foregoing, we may decline to offer payment if we suspect that you have violated these Terms of Service or that the corresponding purchase was not eligible for purchase under your HSA/FSA plan.

Please email support@truemed.com if you have any questions or need assistance with refunds for Letters of Medical Necessity or claims denied by plan administrators.

You acknowledge and agree that, notwithstanding True Medicine, Inc.’s merchant of record status, that (a) True Medicine, Inc. does not assume ownership of, or title to, any Partner products or service; (b) the applicable Partner remains solely responsible to you for its products and services, including their quality, safety, legality, fulfillment, delivery, product support, maintenance, warranties, and recalls; (c) the Partner, and not True Medicine, Inc. remains responsible for the calculation and remittance of all taxes, including sales taxes; (d) the Partner is responsible to you any refunds or returns; and (e) True Medicine, Inc. shall not have, and fully disclaims, any and all liability or obligation to you with respect to the applicable Partner(s)’ products or services.

If you enroll in any subscription or other recurring purchase through the Services, whether offered by True Medicine, Inc. or by a Partner for which True Medicine, Inc. processes payment, you authorize True Medicine, Inc. or the Partner to charge your designated or stored payment method on a recurring basis, at the frequency and price disclosed to you at enrollment, until you cancel.

Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. True Medicine, Inc.'s Services are for your personal use only.

True Medicine, Inc. may, in its sole discretion, make available a program that enables you to earn credits ("Credits") and to spend Credits on the True Medicine, Inc. platform (the "Credits Program"). Your participation in the Credits Program, including the earning, redemption, expiration, and forfeiture of any Credits, shall be governed by the applicable Truemed Credits Terms made available to you (the "Credits Terms"), which are incorporated into these Terms of Service by reference. In the event of a conflict between these Terms of Service and the Credits Terms with respect to the Credits Program, the Credits Terms will control. Credits are promotional in nature; they are not money, legal tender, or property, have no cash value, are not redeemable for cash, and are non-transferable except as expressly permitted by the Credits Terms. True Medicine, Inc. reserves the right to modify, suspend, or terminate the Credits Program, or your participation in it, at any time as set forth in the Credits Terms, including where we suspect fraud, tampering, or a violation of these Terms of Service or the Credits Terms.

You acknowledge and agree that the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by True Medicine, Inc., you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part.

In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by True Medicine, Inc. from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of True Medicine, Inc., our affiliates and our Partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by True Medicine, Inc.

True Medicine, Inc.'s name and logos are trademarks and/or service marks of True Medicine, Inc. (collectively the “True Medicine, Inc. Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to True Medicine, Inc. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of True Medicine, Inc.'s Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of True Medicine, Inc.'s Trademarks will inure to True Medicine, Inc.'s exclusive benefit.

The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. True Medicine, Inc. has no control over such sites and resources and is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that True Medicine, Inc. will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that True Medicine, Inc. is not liable for any loss or claim that you may have against any such third party.

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE (INCLUDING SECTION 3.6), TRUE MEDICINE, INC. DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, TRUE MEDICINE, INC. MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR REGARDING ANY PRODUCTS OR SERVICES SUPPLIED BY ANY PARTNER OR ANY SERVICES PROVIDED BY THE MEDICAL GROUPS OR THEIR PROVIDERS.

You agree to indemnify and hold True Medicine, Inc., the Medical Groups, and its and their officers, employees, directors, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, and actions of any kind arising out of or relating to: (a) your breach or violation of these Terms of Service; (b) your violation of applicable law or the rights of any third party; (c) your misuse of the Services, including any misrepresentation in information you provide or attest to through the Services; or (d) your failure to maintain records, make filings, or otherwise comply with the requirements of your HSA/FSA plan or any tax authority in connection with your purchases.

If you have a dispute with one or more Partners, Medical Groups, Providers, or other third parties arising out of or relating to the Services, including any products or services supplied by a Partner or any services provided by a Medical Group or Provider, you release True Medicine, Inc. and its officers, employees, directors, and agents from any and all losses, damages, rights, claims, and actions of any kind, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRUE MEDICINE, INC. WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRUE MEDICINE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) USE, NON-USE, OR MIS-USE OF ANY PRODUCTS OR SERVICES SUPPLIED OR PROVIDED BY A TRUE MEDICINE, INC. PARTNER IN CONNECTION WITH THE SERVICES; (III) USE, NON-USE, OR MISUSE OF ANY PRODUCTS OR SERVICES FROM THE MEDICAL GROUP; (IV) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (VII) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL TRUE MEDICINE, INC.’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TRUE MEDICINE, INC. IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH IN THIS SECTION 6 MAY NOT APPLY TO YOU.

THIS SECTION AFFECTS YOUR RIGHTS. PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE BY USING THE TRUE MEDICINE, INC. SERVICES.

Before initiating any arbitration proceeding, you must first send a written notice of your dispute ("Dispute Notice") to True Medicine, Inc. at dispute-resolution@truemed.com describing in reasonable detail: (a) the nature and basis of your claim; (b) the specific relief sought; (c) the approximate monetary value of the claim; and (d) supporting documentation for your claim, including any relevant transaction records. Within thirty (30) days of receipt of a complete Dispute Notice, True Medicine, Inc. will provide a written response. The parties shall then engage in good-faith informal negotiations for at least sixty (60) days from the date of the Dispute Notice before either party may initiate arbitration. The running of any applicable statute of limitations, and of the contractual limitation period in Section 11.2, shall be tolled during this informal dispute resolution period.

Compliance with this pre-arbitration dispute resolution process is a condition precedent to initiating arbitration, and the arbitrator shall not have jurisdiction to hear any claim for which this process has not been completed. If you are represented by counsel, your counsel must certify in writing that (i) counsel has personally reviewed the facts of your individual claim, (ii) counsel has a good-faith basis for your claim, and (iii) your claim is not duplicative of any other pending claim.

Any dispute or claim relating in any way to your visit to the Site, your use of the Services; your use, non-use, or misuse of any products or services supplied or provided by a True Medicine, Inc. Partner in connection with the Services; your use, non-use, or misuse of any products or services from the Medical Group, any product offered or provided by or through True Medicine, Inc.; or otherwise arising out of or relating to these Terms of Service or your relationship with True Medicine, Inc. that cannot be resolved directly between you and True Medicine, Inc. shall be resolved by binding arbitration under the Consumer Arbitration Rules ("the Consumer Rules") of the American Arbitration Association ("AAA"), rather than in court.

Except as otherwise explicitly provided in this Section, this broadly includes: any claims based in contract, statute, tort, fraud, consumer rights, misrepresentation, equity or any other legal theory; initial claims, counterclaims, cross-claims and third-party claims; federal, state and local claims; and claims which arose before the date of these Terms of Service. The Federal Arbitration Act ("FAA") and federal arbitration law apply to these Terms of Service. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow these Terms of Service as a court would. The arbitrator shall apply applicable statutes of limitations and honor privilege rules. Any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction.

YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.

Either you or we can initiate arbitration through AAA, an alternative dispute resolution provider, or by filing a motion to compel arbitration of claims filed in court. Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. If AAA cannot serve, a court with jurisdiction shall select the arbitrator, who will apply the AAA rules and procedures specified in this Section. Any arbitration will be governed by the then-current Consumer Rules of the AAA, and its Procedures for the Resolution of Disputes through Document Submission ("Document Submission Procedures"). The Consumer Rules are available at the AAA website: www.adr.org. The Document Submission Procedures are included in the Consumer Rules. Your arbitration filing fees will be governed by the Consumer Rules. If it is determined by the arbitrator that you cannot afford such fees, True Medicine, Inc. will pay all arbitration fees and expenses. The arbitration will be conducted solely based on written submissions. The arbitration will not require any personal appearance by the parties or witnesses unless the arbitrator determines that a telephonic or in-person conference or hearing is necessary based on the request of one or more of the parties. Any question regarding (a) whether this arbitration agreement applies to a given claim; (b) whether this arbitration agreement is valid, enforceable, or unconscionable, in whole or in part; (c) whether any condition precedent to arbitration (including the pre-arbitration dispute resolution requirements in Section 7.1) has been satisfied; or (d) whether a dispute qualifies as part of a Mass Filing under Section 7.5, shall be decided exclusively by the arbitrator and not by any court, and this delegation shall be governed by the Federal Arbitration Act. This delegation provision is intended to be severable from the remainder of this arbitration agreement; if it is found unenforceable, the remaining provisions of this Section 7 shall remain in full force and effect.

You and True Medicine, Inc. each agree that any dispute under these Terms of Service, including any arbitration, will be conducted only on an individual basis and not as a class, consolidated or representative action. To the fullest extent permitted by law, (a) no arbitration will be joined or consolidated with any other; (b) there is no right or authority for any dispute to be litigated or arbitrated on a class-action or private attorney general basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No court or arbitrator shall have the authority to issue any relief that applies to any person or entity other than True Medicine, Inc. and/or you individually.

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Even if all parties have opted to litigate a claim in court, a party may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Section. You and True Medicine, Inc. each agree that any disputes seeking to enforce or protect, or concerning the validity of intellectual property rights will not be subject to binding arbitration under this Section. In addition, pursuant to the Consumer Rules, any party may proceed with their individual claims in small claims court if that option is available in the applicable jurisdiction and the amount in controversy falls within the small claims court’s jurisdictional limits; but if that action is transferred, removed or appealed to a different court, arbitration can be elected.

If any portion of this Section is inconsistent with the Consumer Rules or other provisions of these Terms of Service, this Section shall govern. This Section shall survive termination or expiration of these Terms of Service and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. No portion of this Section may be amended absent a written agreement signed by all parties. If any portion of this Section is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Section, except that: (i) If the Class Action Waiver is limited, voided or found unenforceable, then this Section (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and (ii) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Section prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have a preclusive effect in an arbitration between the parties to this Section. If any portion of this Section 7 is found unenforceable as to a particular claim or category of claims, that finding shall apply only to that claim or category and shall not affect the enforceability of any other portion of this Section 7 as to any other claim or category. If the Mass Filing procedures in Section 7.5 are found unenforceable, the remaining arbitration provisions shall continue to apply, and the parties shall work in good faith to agree on an alternative process for managing multiple similar claims.

You have the right to opt out of the mandatory arbitration provisions of this agreement. To opt out, you must send written notice to True Medicine, Inc. by email at arbitration-optout@truemed.com within thirty (30) days of the date you first accept these Terms of Service. If you accepted an earlier version of these Terms of Service, you may instead reject the changes made to this Section 7 by sending written notice to the same email address within thirty (30) days of the effective date stated in Section 11.8; if you do so, the version of this Section 7 to which you most recently agreed will continue to apply. Your notice must include your full name, the email address associated with your True Medicine, Inc. account, your signature (for email notices, your typed full name suffices), and a clear statement that you wish to opt out of arbitration (or to reject the changes to this Section 7, as applicable). A notice may be submitted only on your own behalf; mass, group, collective, or consolidated opt-out notices are not permitted. True Medicine, Inc. will confirm receipt of your notice within ten (10) business days. If you opt out of the mandatory arbitration provisions, neither you nor True Medicine, Inc. will be bound by the arbitration provisions of this Section 7, but all other provisions of these Terms of Service — expressly including the class action waiver in Section 7.3 — will continue to apply to you, and opting out will not affect any other aspect of your relationship with True Medicine, Inc. or your use of the Services.

If twenty-five (25) or more similar arbitration demands are filed against True Medicine, Inc. within any one hundred and eighty (180) day period, and the demands are filed by or with the assistance or coordination of the same law firm(s), group of law firms, or organization(s) (a "Mass Filing"), the following procedures shall apply: (a) counsel for the claimants and True Medicine, Inc. shall each select twenty-five (25) claims to be resolved first in individual arbitrations ("Initial Test Cases"); if fewer than fifty (50) total claims have been filed, all claims shall proceed as Initial Test Cases; (b) the Initial Test Cases shall proceed to resolution within one hundred and eighty (180) days of selection; (c) following resolution of the Initial Test Cases, the parties shall engage in a single, sixty (60) day global mediation of all remaining claims; (d) if the global mediation does not resolve all remaining claims, additional batches of fifty (50) claims each shall proceed to individual arbitration in successive ninety (90) day intervals, with batch sizes increasing by fifty percent (50%) after each batch if the remaining claims have not been resolved; (e) while a claimant's individual claim is pending selection under this process, the claimant may not file or maintain any other arbitration demand, and all applicable limitation periods (including the contractual limitation period in Section 11.2) shall be tolled; and (f) if a claimant's claim has not been selected for arbitration within twenty-four (24) months of the Mass Filing, the claimant may elect to withdraw from this process and pursue their claim in small claims court (if eligible) or in binding individual arbitration outside of this process.

Each arbitration demand filed against True Medicine, Inc. must include: (a) the claimant's full legal name, physical address, the email address associated with the claimant's True Medicine, Inc. account, and a personally signed verification that the claimant has reviewed the demand and authorized its filing; (b) specific facts supporting the claim, including relevant transaction dates, amounts, and the nature of the dispute; and (c) a description of the specific relief sought. Any demand that does not include this information in substantially complete form shall be deemed deficient and shall not be considered properly filed until cured. The arbitrator (or, in a Mass Filing, the AAA Process Arbitrator) shall have authority to dismiss or stay demands that do not comply with these requirements.

In the event of a Mass Filing, arbitration fees shall be allocated in accordance with the AAA's then-current Mass Arbitration Supplementary Rules and fee schedule. Nothing in this Section 7 shall be construed to require True Medicine, Inc. to pay arbitration fees or expenses for any demand that does not comply with the pre-arbitration dispute resolution requirements in Section 7.1 or the demand requirements in Section 7.6.

This Section 7 constitutes the complete agreement between you and True Medicine, Inc. regarding the resolution of disputes, and it governs all disputes between you and True Medicine, Inc., including disputes arising out of or relating to True Medicine, Inc.'s Privacy Policy, Telehealth Consent, or any other terms, policies, or agreements between you and True Medicine, Inc., unless a subsequent written agreement between you and True Medicine, Inc. expressly states that it supersedes this Section 7. If any other terms, policies, or agreements between you and True Medicine, Inc. contain a dispute resolution provision that conflicts with this Section 7, this Section 7 controls.

You agree that True Medicine, Inc., in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if True Medicine, Inc. believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. True Medicine, Inc. may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that True Medicine, Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that True Medicine, Inc. will not be liable to you or any third party for any termination of your access to the Services. You may stop using the Services at any time and may close your account by contacting support@truemed.com. Closing your account does not affect transactions already completed, amounts already charged, or any Letter of Medical Necessity already issued.

For details see our Privacy Policy and, if you are a resident of a state with a consumer health data law, our Consumer Health Data Privacy Policy. By using the Service, you acknowledge that we will collect and use personal data as outlined therein.

You agree to the use of electronic records and signatures in association with the Services. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into via the Services. If you do not wish to use electronic records and signatures, do not use the Services. You may have a legal right to receive certain information from us in writing. You agree that we may use e-mail and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need an active e-mail account, and you must have an Internet-connected device that is capable of receiving HTML e-mails and PDFs, as well as a method of storing or printing those documents. You may have a legal right to receive paper copies of certain notices or to withdraw your consent for us to use electronic records to provide you with information that is required by law to be in writing. To inquire about or exercise the rights you may have, contact us at support@truemed.com. By using the Services, you agree that you have the ability to access and retain HTML emails and PDF files.

These Terms of Service constitute the entire agreement between you and True Medicine, Inc. and govern your use of the Services, superseding any prior agreements between you and True Medicine, Inc. with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.

Except as provided in the Arbitration Agreement (Section 7), the failure of True Medicine, Inc. to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by an arbitrator, arbitral panel, or court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

Except as provided in the Arbitration Agreement (Section 7), these Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and True Medicine, Inc. agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Austin, Texas.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, these Terms of Service, or True Medicine, Inc.'s Privacy Policy or Consumer Health Data Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You may not assign these Terms of Service without the prior written consent of True Medicine, Inc., but True Medicine, Inc. may assign or transfer these Terms of Service, in whole or in part, without restriction.

These Terms of Service are an agreement between you and True Medicine, Inc., and the Medical Group is a third party beneficiary to extent applicable. No other individual has any rights or obligations under the Terms of Service.

A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Notices to you will be made via email to the address associated with your account, or by displaying notices or links to notices generally on the Service, and are deemed given when sent or posted. Notices to True Medicine, Inc. must be sent by email to support@truemed.com, except where these Terms of Service specify a different address for a particular type of notice (such as Dispute Notices under Section 7.1 or arbitration opt-outs under Section 7.4).

The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

Upon any termination of these Terms of Service or closure of your account, the following will survive: Sections 3.1 (record-keeping obligations), 4, 5, 6, 7, and 11, along with any payment obligations accrued before termination and any other provisions that, by their nature, should survive such termination or closure.

These Terms of Service were last updated on July 21, 2026 and are deemed effective as amended as of this date.