Truemed Terms of Service

Welcome to True Medicine, Inc. (“Truemed” or the “Company”). 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:

Truemed’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 6 here,

you will only be permitted to pursue claims against Truemed 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.

These Terms of Service describe a contractual relationship between us, Truemed, and you,

an individual customer of Truemed or of one of Truemed’s merchant partners (“Partners”).

These Terms of Service do not apply to Truemed’s commercial relationships with its

Partners.

Truemed provides its services to you through its website located at trumed.com (the “Site”),

through integrations with its Partners, and through its related services (collectively the

“Services”), subject to the following Terms of Service. By accessing Truemed’s Site or by

using Truemed’s Services, you agree to be bound by (1) these Terms of Service and (2)

Truemed’s Privacy Policy. If you do not agree with these Terms of Service, or those

contained in Truemed’s Privacy Policy, you should not access Truemed’s Site or use

Truemed’s Services.

1. Access and Use of the Services

1.1 Truemed’s Services

Truemed provides payment integration and eligibility qualiﬁcation Services to its customers

and to customers of its Partners. Where these customers are eligible, licensed providers in

Truemed’s network issue Letters of Medical Necessity to customers to facilitate the

customers’ purchases of goods and services with HSA or FSA funds.

1.2 Modiﬁcations to the Services

Truemed reserves the right to modify or discontinue its Services with or without notice. You

agree that Truemed will not be liable to you or to any third party for any modiﬁcation,

suspension or discontinuance of the Services.

1.3 Eligibility

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.

1.4 Changes to these Terms of Service.

Truemed reserves the right, at our sole discretion, to change or modify portions of these

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.

2. Conditions of Use

2.1 Your Obligations

When you provide information to Truemed or in connection with Truemed’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 state of residence,

or your account information. You are fully responsible for maintaining any and all records

(apart from any Letter of Medical Necessity generated by Truemed) 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.

2.2 No Medical Advice, Tax Advice, or Other Professional Advice Rendered

If you qualify to receive a Letter of Medical Necessity, your Letter of Medical Necessity

represents a licensed provider’s opinion that an exercise program, food or supplement

program, or other intervention can be used for the primary purpose of addressing or

preventing the disease(s) which you identify. This Letter can assist you with purchasing

identiﬁed items with your HSA/FSA funds. Truemed does not provide tax advice; contact a

tax accountant if you have questions regarding tax laws as they pertain to tax exempt

medical expenditures. The issuance of Letters of Medical Necessity by Truemed constitutes

general health guidance based on published medical and scientiﬁc literature and does not

constitute the practice of medicine or other licensed profession. It does not create a

provider-patient relationship between you and Truemed, or any members of Truemed’s

workforce, or establish a duty of care. Please contact your treating provider if you have

questions about your speciﬁc health circumstances.

2.3 Access to Your Account

You are responsible for maintaining the secrecy of the login credentials to your Truemed

account. and any other access credentials you may use to access your Truemed account.

You must notify us immediately if you believe your login credentials or the security of your

Truemed 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 Truemed account. You are also responsible

for maintaining the accuracy of the information in your Truemed account.

2.4 Your Conduct

You agree to not use Truemed’s Services to:

● interfere with or disrupt 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; or

● 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 through the

Services.

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

Truemed’s infrastructure, including but not limited to denial of service attacks,

"spam" or any other such unsolicited overload technique.

2.5 Payments

If you elect to use any part of the Services that are made available for a fee, you will be

required to provide Truemed with information regarding your credit card, debit card, or

other payment method. You represent and warrant to the Company 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.

If you dispute any charges, you must advise the Company within sixty (60) days after the

date that the Company charges you. You shall be responsible for all taxes associated with

the Services other than U.S. taxes based on the Company’s net income.

You acknowledge and agree that Truemed provides payment processing services to certain

Partners. If you are using Truemed’s Services to purchase a Partner’s products or services,

you acknowledge and agree that Truemed may process your transaction on behalf of the

merchant Partner. If you are referred to the Services by one of Truemed’s Partners in order

to qualify for reimbursement for your purchase of that Partner’s products or services, you

acknowledge and agree that Truemed may share certain information with that Partner

about your eligibility for a Letter of Medical Necessity. More information about Truemed’s

Partners is available in the Company’s Privacy Policy.

2.6 Refunds and other assurances

Truemed 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 Truemed or the

services we provided, we encourage you to contact us at support@truemed.com.

If you sign up for the Services directly through Truemed, 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 reissue an updated Letter of Medical Necessity

(e.g., using the administrator’s form). If we are unable to resolve your administrator’s

concerns, you are eligible for a refund of your purchase price. However, we may decline to

issue a refund if we suspect that you have violated these Terms of Service.

If you were referred to Truemed’s Services by one of Truemed’s Partners, i.e., through a

payment integration provided by Truemed, 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 40% 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 Truemed

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 any that you have

violated these Terms of Service or that the corresponding purchase was not eligible for

purchase under your HSA or FSA plan.

Please email support@truemed.com if you have any questions or need assistance.

2.7 Personal Use Only

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. Truemed’s Services

are for your personal use only.

3. Intellectual Property Rights

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 Truemed, 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 the

Company 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 Truemed, 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 Truemed.

Truemed’s name and logos are trademarks and/or service marks of the Company

(collectively the “Company 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

Truemed. 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 the

Company’s Trademarks displayed on the Services, without our prior written permission in

each instance. All goodwill generated from the use of the Company’s Trademarks will inure

to Truemed’s exclusive beneﬁt.

4. Partners and Other Third-Party Websites

The Services may provide, or third parties may provide, links or other access to other sites

and resources on the Internet. Truemed 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 Truemed 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 Truemed is not liable for any loss or

claim that you may have against any such third party.

5. Indemnity and Release; Limitation of Liability

You agree to release, indemnify and hold Truemed and its oﬃcers, employees, directors

and agents harmless from any from any and all losses, damages, expenses, including

reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death)

arising out of or relating to your use of the Services, your connection to the Services, your

violation of these Terms of Service, or your violation of any rights of another. 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 TRUEMED 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 THE COMPANY 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) 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; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF

YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON

THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL

THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF

ACTION EXCEED THE AMOUNT YOU HAVE PAID THE COMPANY 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 ABOVE MAY NOT APPLY TO

YOU.

6. Arbitration Agreement & Class Action Waiver

THIS SECTION AFFECTS YOUR RIGHTS. PLEASE READ CAREFULLY BEFORE AGREEING TO

THESE TERMS OF SERVICE BY USING THE TRUEMED SERVICES.

6.1 Mandatory Arbitration

Any dispute or claim relating in any way to your visit to the Site, your use of the Services,

any product oﬀered or provided by or through Truemed, or otherwise arising out of or

relating to these Terms of Service or your relationship with Truemed that cannot be

resolved directly between you and Truemed 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, Truemed 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. Disputes or

controversies about the validity, enforceability, coverage or scope of this Section or any

part thereof are for a court and not an arbitrator to decide; however, disputes or

controversies about the Terms of Service as a whole are for an arbitrator and not a court to

decide.

6.2 Class Action Waiver

You and Truemed 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Truemed 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 Truemed 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: (A)

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

(B) 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. In no event will a claim for public injunctive relief be arbitrated.

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.

7. Termination

You agree that Truemed, 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 the Company

believes that you have violated or acted inconsistently with the letter or spirit of these

for termination of your use of the Services may be referred to appropriate law enforcement

authorities. Truemed 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 Truemed 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 Truemed

will not be liable to you or any third party for any termination of your access to the

Services.

8. Privacy

For details see our Privacy Policy. By using the Service, you consent to our collection and

use of personal data as outlined therein.

9. E-Sign Consent

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.

10. Miscellaneous Provisions

10.1 Enforceability and Governing Law

These Terms of Service constitute the entire agreement between you and Truemed and

govern your use of the Services, superseding any prior agreements between you and the

Company 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 6), The failure of the Company 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 6), 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 the Company agree to submit to the personal and exclusive jurisdiction of

the state and federal courts located within New York, New York.

10.2 Statute of Limitations

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 Truemed’s Privacy

Policy must be ﬁled within one (1) year after such claim or cause of action arose or be

forever barred.

10.3 Assignment

You may not assign these Terms of Service without the prior written consent of the

Company, but the Company may assign or transfer these Terms of Service, in whole or in

part, without restriction.

10.4 No Third-Party Beneﬁciaries

These Terms of Service are an agreement between you and Truemed. No other individual

has any rights or obligations under the Terms of Service.

10.5 Electronic Copies and Notices

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 may be made via either email or regular mail. The Service may also provide notices to

you of changes to these Terms of Service or other matters by displaying notices or links to

notices generally on the Service.

10.6 Section Titles

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

contractual eﬀect.

10.7 Eﬀective Date

These Terms of Services were last updated on February 18, 2024 and are deemed eﬀective

as amended as of this date.