Terms of Service

Terms of Service

Terms of Use + Telehealth Informed Consent

Last Updated: January 1, 2026 Effective: January 1, 2026

⚠ Not for Emergencies

Do not use RespondWell for emergencies. Call 911 or go to the nearest emergency department.

These Terms of Use and Telehealth Informed Consent (collectively, the “Terms”) govern your access to and use of the RespondWell platform and any related services. Please read them carefully.

RespondWell, LLC (“RespondWell,” “we,” “us,” “our”) provides a technology and administrative platform to help you access telehealth services from independent licensed clinicians.

BY CLICKING “I AGREE,” CREATING AN ACCOUNT, REQUESTING SERVICES, OR USING THE WEBSITE/PLATFORM, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.

Important Notice

• ⚠️ Not for emergencies. Do not use RespondWell for emergencies. If you think you may have an emergency, call 911 or go to the nearest emergency department.

• Arbitration & class action waiver. Most disputes must be resolved by binding individual arbitration, not court, and you waive class actions and consolidated/group arbitration.

• No guaranteed outcomes. Results vary. No treatment outcome or prescription is guaranteed.

• Limited damages. To the maximum extent permitted by law, you waive consequential, punitive, and emotional distress damages, and RespondWell’s liability is limited as described below.

1 Definitions

• Platform: RespondWell’s websites, applications, intake forms, messaging tools, scheduling tools, and related services.

• Clinical Services: Medical evaluation, diagnosis, treatment, follow-up, and prescribing provided by licensed clinicians.

• Provider: A licensed clinician (e.g., physician, nurse practitioner, physician assistant) providing Clinical Services.

• Practice / Medical Group: The professional entity through which Providers furnish Clinical Services.

2 Who We Are

2.1 RespondWell is not a medical provider

RespondWell provides technology and administrative services to facilitate the connection between patients and Providers. RespondWell does not practice medicine or pharmacy and does not provide Clinical Services. Clinical Services are provided only by Providers through a Practice/Medical Group.

2.2 Providers make all clinical decisions

Providers, not RespondWell, decide whether telehealth is appropriate for you, what tests (if any) are needed, whether to diagnose or treat, and whether to prescribe any medication. No prescription is guaranteed by virtue of using (or attempting to use) the Platform.

RespondWell does not control or interfere with the independent clinical judgment or professional services provided by any Practice/Medical Group or Provider. Each Practice/Medical Group and Provider is solely responsible for the clinical care and treatment they provide.

2.3 Practice/Medical Group Identification

Clinical Services are provided by independent licensed clinicians through the following Practice/Medical Group:

[XYZ TELEHEALTH, INC]

By using RespondWell, you acknowledge that RespondWell is not a medical provider and that your use of the Platform does not establish a doctor–patient (or other healthcare provider–patient) relationship with RespondWell. RespondWell does not oversee or influence the professional services offered by any Provider, pharmacy, or laboratory listed on the Platform. Each of these entities remains independently responsible for the quality and appropriateness of the services they offer.

Third-Party Beneficiaries. You acknowledge and agree that any services you receive from the Practice/Medical Group, Providers, pharmacies, or laboratories through the Platform are also subject to these Terms, and that the Practice/Medical Group, Providers, and pharmacies are intended third-party beneficiaries of these Terms with respect to the provisions that concern their services.

3 Eligibility, Location, and Account Responsibilities

3.1 Age

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Platform.

3.2 Location and licensure

Telehealth services are offered only where Providers are licensed and permitted to practice. You agree to provide accurate information about your current physical location each time you request Clinical Services.

3.3 Account security

You are responsible for safeguarding your credentials and for all activity that occurs under your account.

3.4 Accurate information

You agree to provide truthful, complete, and accurate information, including your medical history, medications, allergies, symptoms, and changes in condition. Incomplete or inaccurate information may result in denial of services or harm.

3.5 Medicaid and Government Health Program Beneficiaries (No Cash-Pay)

RespondWell does not accept Medicaid or other government health program insurance as payment for services offered through the Platform. If you are currently enrolled in Medicaid (or a similar state medical assistance program), you may not use the Platform to obtain services on a cash-pay basis where prohibited by applicable law.

By using the Platform or requesting services, you represent and warrant that you are not seeking services as a Medicaid beneficiary, and you agree to notify us immediately if you become enrolled in Medicaid while using the Platform. If we learn or reasonably suspect that you are enrolled in Medicaid, we may deny services, cancel any pending requests, and suspend or terminate your account.

4 Not for Emergencies

The Platform is not designed for emergencies or urgent conditions requiring immediate in-person care. If you have a medical emergency, call 911 or go to the nearest emergency department.

5 Telehealth Informed Consent

This section is your informed consent to receive telehealth services from Providers through the Practice/Medical Group named above.

5.1 What telehealth is

Telehealth involves delivering healthcare services through electronic communications (including video, phone, secure messaging, and asynchronous review of information).

5.2 Potential benefits

Telehealth may increase access, convenience, and continuity of care, including follow-ups without in-person visits.

5.3 Material risks, limitations, and uncertainties

You understand and agree that:

• Telehealth may limit a Provider’s ability to perform a physical exam or obtain immediate diagnostics.

• Technology failures (connectivity, device problems, platform outages) can delay or disrupt care.

• Electronic communications involve privacy and security risks, even with reasonable safeguards.

• Some conditions may require in-person evaluation, urgent care, emergency care, or specialist referral.

• Diagnoses and treatment may be limited by the information you provide (or fail to provide).

• Telehealth may not be appropriate for all medical conditions.

You agree to provide accurate and complete medical information, follow your Provider’s instructions, and maintain ongoing primary care in your community as appropriate.

5.4 Alternatives

You may seek in-person care or other providers at any time. If your symptoms persist or worsen, you should seek in-person evaluation.

5.5 Right to withdraw

You may withdraw consent to telehealth at any time; however, doing so may limit the Provider’s ability to treat you through the Platform.

5.6 No guaranteed outcomes; no guaranteed prescription

You understand there is no guarantee you will be approved for treatment or issued a prescription. The decision to prescribe (or not) is made solely by your treating Provider in their professional judgment. You further understand that no benefits, outcomes, or specific results can be guaranteed, and your condition may not improve and could worsen.

5.7 Ongoing consent

Your continued use of the Platform to request or receive Clinical Services constitutes ongoing consent to telehealth under these Terms (as updated).

6 Prescriptions, Pharmacies, Labs, and Safety

6.1 Prescribing is solely the Provider’s decision

RespondWell does not guarantee any prescription. A Provider may decline to prescribe or may require labs, follow-up, or in-person evaluation.

6.2 Pharmacy fulfillment, Third-Party Services, and compounded medications

If prescribed, medications may be fulfilled by third-party pharmacies and delivered by third-party shippers. Labs may be performed by third-party labs. These Third-Party Services may have separate terms and privacy practices.

Third-party investigation responsibility. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction involving Third-Party services, products, or providers accessible through the Platform. You are solely responsible for exercising caution, discretion, and judgment in using the Platform and in disclosing personal information to third parties.

Some treatments may be dispensed as compounded medications, which are custom prepared by licensed pharmacists for individual patients when prescribed. Compounded medications may allow Providers to tailor treatment based on patient-specific needs (for example, dose strength, formulation, or ingredient sensitivities). Many compounded treatments use FDA-approved active pharmaceutical ingredients (APIs) combined in customized strengths or formats based on your prescription.

Compounded drugs are not reviewed or approved by the FDA as finished products. Neither the FDA nor any other regulatory body tests, evaluates, or studies compounded medications as finished products for safety, effectiveness, or quality. Compounded medications may carry additional risks compared to FDA-approved drugs, including potential variations in potency, quality, purity, and stability. Compounded medications may differ from commercially manufactured products in concentration, inactive ingredients, appearance, administration, and packaging.

By using the Platform, you understand that you may be prescribed and dispensed compounded medications. If you do not desire a compounded medication, you must notify your Provider. You acknowledge that no refund is available for medications, once shipped.

6.3 Your responsibility to follow directions and monitor communications

You agree to follow your Provider’s instructions, read medication guides and pharmacy inserts, and ask questions if anything is unclear.

You further understand and agree that it is your sole responsibility to monitor and respond to messages, reports, SMS/text messages, and emails sent to you via the Platform or otherwise by the Practice/Medical Group or any Provider regarding your diagnosis, treatment, or care. Neither RespondWell nor the Practice/Medical Group nor any Provider will be responsible in any way, and you will not hold RespondWell, the Practice/Medical Group, or any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to such communications, or from your failure to comply with any treatment recommendations or instructions from the Practice/Medical Group or your Provider(s).

6.4 Medication risks; no RespondWell liability for medication side effects

Prescription medications can cause side effects, adverse reactions, drug interactions, allergic reactions, injury, or other complications, including serious outcomes. You acknowledge and agree that:

• RespondWell is not the prescriber or dispenser. RespondWell does not manufacture, compound, label, dispense, or verify medications and does not control clinical decision-making.

• Medication responsibility sits with your Provider and dispensing pharmacy.

• Questions or concerns about medication safety, dosing, contraindications, side effects, interactions, product quality, compounding, dispensing, shipping integrity, or adverse reactions must be directed to your Provider and/or the dispensing pharmacy.

• Release / limitation (Platform). To the maximum extent permitted by law, you agree that RespondWell (and its owners, officers, employees, contractors, and affiliates) will not be liable for any side effects, adverse events, injuries, complications, or damages arising from or related to any medication prescribed, recommended, dispensed, compounded, fulfilled, shipped, or used in connection with services accessed through the Platform.

6.5 Adverse event reporting requirement (within 24 hours)

You agree to report any suspected adverse event, side effect, allergic reaction, unexpected symptom, or medication complication related to any prescribed medication within 24 hours of occurrence to:

1. Your treating Provider / Practice, via the Platform and/or the Practice’s designated method of contact; and

2. The dispensing pharmacy, using the pharmacy’s contact instructions provided with your medication; and

3. FDA MedWatch, if desired, at 1-800-FDA-1088 or via the FDA’s MedWatch website.

If symptoms are severe or potentially life-threatening, you agree to seek emergency care immediately (call 911) and then notify the Provider and pharmacy as soon as reasonably possible.

Failure to make a timely report of an adverse event may deprive your treating Provider and pharmacist of the ability to make appropriate treatment adjustments.

7 Testimonials, Reviews, Endorsements, Referrals, and Advertising

7.1 Testimonials

The Platform may include testimonials, before-and-after stories, reviews, ratings, endorsements, referral statements, affiliate content, or other promotional statements (“Testimonials”). Testimonials reflect individual experiences and are not medical advice and not a guarantee, promise, or prediction of your results. Outcomes vary based on individual factors (including medical history, adherence, lifestyle, and biology). Your results may differ materially from any Testimonials. You agree not to construe Testimonials as creating any warranty or guarantee.

7.2 Online advertising, cookies, and tracking technologies

(a) Overview. RespondWell may use cookies, SDKs, pixels, tags, and similar technologies (“Tracking Technologies”) to (i) operate and secure the Platform, (ii) remember preferences, (iii) prevent fraud, (iv) measure performance, and (v) support marketing and advertising for RespondWell’s public-facing pages. By using the Platform, you consent to our use of Tracking Technologies as described in these Terms and our Privacy Policy, including for analytics, performance, fraud prevention, security, and (on Public Pages) advertising and marketing measurement. You agree that any consent signals you provide through our cookie banner, preference center, browser/device settings, or legally recognized opt-out mechanisms will be treated as your instructions regarding Tracking Technologies where required by law.

(b) “Public Pages” vs. “Authenticated/Health Pages.” For purposes of these Terms:

• “Public Pages” are pages that do not require login and do not allow you to enter health information (e.g., general educational content, general program descriptions, non-personalized pricing pages, and anonymized questionnaires).

• “Authenticated/Health Pages” include any page or feature that requires login or allows you to enter, view, or transmit information that could relate to your health, care, appointments, prescriptions, intake forms, symptom information, or communications with clinicians (including login pages, registration pages, checkouts tied to treatment selection, scheduling pages, intake/questionnaires, patient portal pages, and messaging).

(c) Advertising on Public Pages (permitted). RespondWell may use Tracking Technologies on Public Pages to understand how users discover our services, measure campaign performance, and deliver advertising (including interest-based advertising) about RespondWell. This may include sharing limited device and browser information (such as cookie identifiers, device identifiers, IP address, and page interactions) with advertising partners for measurement and ad delivery.

(d) No third-party advertising pixels on Authenticated/Health Pages. RespondWell does not permit third-party advertising Tracking Technologies (including ad network pixels used for retargeting or interest-based advertising) to operate on Authenticated/Health Pages. This means we do not use ad pixels to send information about your portal activity, sign-in status, appointment activity, intake responses, symptom searches, or medication selection to third-party advertising platforms.

(e) Service providers on Authenticated/Health Pages (operations/security only). RespondWell may use certain Tracking Technologies on Authenticated/Health Pages only for essential Platform functions such as security, fraud prevention, system performance monitoring, troubleshooting, and maintaining the user experience (“Operational Technologies”). Any Operational Technologies are configured to support Platform operations – not advertising – and are restricted by contract and technical controls to the minimum necessary data to perform those services.

(f) Your choices / opt-out of targeted advertising. You can manage Tracking Technologies through:

• our cookie banner and preference center (“Privacy Choices”);

• device/browser settings; and

• where applicable, legally recognized opt-out signals (including universal opt-out mechanisms).

If you opt out of targeted advertising, we will honor your choice where required by law. Some Tracking Technologies are strictly necessary for the Platform to function and cannot be disabled.

(g) Do not submit health information in public fields. Do not enter medical, symptom, diagnosis, medication, or other sensitive health information into any Public Page fields intended for general inquiries or non-clinical contact. Use only the Platform features intended for clinical intake and care.

(h) External links and third parties. If you click links to third-party websites or services (including social media platforms), their tracking and privacy practices apply to your activity on those third-party sites.

(i) Release/Waiver (ads, cookies, tracking). To the maximum extent permitted by applicable law, you knowingly and voluntarily release and waive any and all claims against RespondWell and its owners, officers, employees, contractors, and affiliates arising out of or relating to advertisements or promotional content, the use of cookies/pixels/SDKs/tags and other tracking technologies, analytics/attribution/marketing measurement, interest-based advertising/retargeting/audience modeling/conversion measurement, your choices/settings/opt-out instructions, or any alleged failure of tracking tools, cookie banners, preference signals, or opt-out mechanisms to operate as intended – including any claim for emotional distress, loss of privacy, or other non-economic harm – except where such waiver is prohibited by law.

To the maximum extent permitted by law, RespondWell is not responsible for (and you waive any claim regarding) the privacy practices, tracking, policies, or content of third parties (including ad networks, analytics providers, social platforms, app stores, or linked websites), even if their tools are accessible through or referenced by the Platform. Without limiting any other limitation-of-liability provision in these Terms, to the maximum extent permitted by law, your sole and exclusive remedy for any dissatisfaction related to ads, cookies, Tracking Technologies, or marketing measurement is to adjust your settings (where available) and/or stop using the Platform. Nothing in this section waives rights or remedies that cannot be waived under applicable law; where such rights exist, RespondWell’s liability is limited to the maximum extent permitted by law and as outlined in these Terms.

8 Electronic Communications; E-Signatures; No Recording

8.1 Electronic communications

You consent to receive communications electronically (including email, SMS, and in-app messages). You understand electronic communications are not always secure.

8.2 Electronic signatures

You agree that electronic consents and signatures are legally binding to the fullest extent permitted by law.

8.3 No recording

You agree not to record audio/video visits or communications without express consent of all parties, where permitted by law.

9 Privacy

9.1 Privacy Policy

Your use of the Platform is subject to RespondWell’s Privacy Policy (posted on the Platform), which is incorporated by reference.

9.2 HIPAA and privacy roles

RespondWell may collect and use account and contact information (such as name, email address, phone number, billing details, and shipping address) in accordance with our Privacy Policy and Notice of Privacy Practices.

Your Provider/Practice, pharmacies, and laboratories may be HIPAA covered entities (or their business associates) and may have their own privacy practices, including a Notice of Privacy Practices (“NPP”).

10 Fees, Billing, Subscriptions

10.1 Payment and Authorization Holds

You agree to pay all fees displayed at checkout. When you start a consultation or order, a temporary authorization hold is placed on your card. The timing of fund releases or returns depends on your financial institution.

10.2 Refund and Return Policy

Final Sale: You acknowledge that all prescription medications are final sale once shipped. Federal and state laws prohibit the return, reuse, or resale of dispensed medications. No refunds or credits are available for prescription products.

Non-Approval: If a Provider does not approve treatment, the authorization hold is released or refunded promptly.

Labs: If lab work is required and treatment is subsequently denied, your refund will be issued minus the laboratory and/or provider consultation fees.

10.3 Exceptions: 24-Hour Reporting Requirement

RespondWell will coordinate a no-cost replacement for verified issues reported within twenty-four (24) hours of delivery. Photographic or written documentation is required for pharmacy errors (incorrect strength/medication), damaged shipments, or temperature excursions.

Review: Documentation will be reviewed by RespondWell and/or its partner pharmacy.

Misuse Prevention: To prevent misuse, we may limit reshipments to no more than one (1) within any 180-day period and reserve the right to deny shipments beyond that limit.

10.4 Exclusions

No refund, replacement, or credit will be issued if:

• the shipping address was inaccurate;

• you failed to retrieve or accept the package in a timely manner;

• the package was lost or stolen after delivery;

• the issue was reported more than 24 hours after delivery; or

• the product was compromised due to improper storage after delivery.

Any such replacement will be at your full expense. Controlled substances may require additional documentation (such as a police report documenting theft) before your provider can ethically re-issue a prescription.

10.5 Subscriptions

Some plans are term-based (e.g., 1, 3, 6, or 12 months). By default, plans auto-renew. You may cancel renewals at any time, but cancellation does not shorten the current term or qualify you for partial refunds.

Medical Discontinuation Exception: If a patient is medically required to discontinue therapy, RespondWell, in its discretion, may grant a prorated refund or platform credit. This requires: (i) determination from a licensed provider (MD, DO, NP, or PA) that therapy is medically contraindicated; and (ii) review and approval by RespondWell’s clinical team.

Proration: Refunds will be prorated to the unused portion of the subscription period and will be net of consultation fees, laboratory fees, medication costs, and shipping costs already incurred by RespondWell.

10.6 Product Presentation

As we use a nationwide pharmacy network, actual packaging may differ from Platform images.

11 Acceptable Use / Prohibited Conduct

You agree not to:

• Use the Platform for emergencies;

• Misrepresent your identity, age, or location;

• Provide false or misleading information;

• Harass, abuse, or harm others;

• Attempt unauthorized access;

• Interfere with Platform operations or security;

• Use the Platform for any illegal purpose;

• Resell or redistribute services or prescriptions;

• Scrape or collect data; or

• Violate any applicable law or these Terms.

12 Intellectual Property

All Platform content (excluding user content and third-party content) is owned by or licensed to RespondWell and protected by intellectual property laws. You may not reproduce, distribute, or create derivative works without permission.

13 Termination

RespondWell may suspend or terminate your access at any time, with or without cause or notice. Upon termination, your right to use the Platform ends immediately. Provisions that by their nature should survive will survive termination.

14 Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, RESPONDWELL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RESPONDWELL DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

RESPONDWELL MAKES NO WARRANTY REGARDING CLINICAL SERVICES OR PRODUCTS PROVIDED BY PROVIDERS, PHARMACIES, OR OTHER THIRD PARTIES.

15 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RESPONDWELL (INCLUDING ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EMOTIONAL DISTRESS, OR LOSS OF PROFITS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM.

RESPONDWELL’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM IS LIMITED TO THE GREATER OF (a) THE AMOUNT YOU PAID RESPONDWELL IN THE 12 MONTHS PRECEDING THE CLAIM OR (b) $100.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, RESPONDWELL’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16 Indemnification

You agree to indemnify and hold harmless RespondWell and its owners, officers, employees, contractors, and affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising out of or relating to your use of the Platform, your violation of these Terms, or your violation of any rights of another.

17 Governing Law

These Terms are governed by Colorado law, without regard to conflict of law principles, except to the extent superseded by federal law (including the Federal Arbitration Act).

18 Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

18.1 Voluntary Agreement to Arbitrate

THIS AGREEMENT GOVERNS IMPORTANT LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

This is a voluntary agreement to resolve any dispute that may arise in the future between the parties under the American Health Law Association’s (“AHLA”) Rules of Procedure for Arbitration. In arbitration, a neutral third party chosen by the parties issues a final, binding decision. By agreeing to arbitrate, you waive your right to a trial by jury and the possibility of an appeal.

RespondWell will provide the same care, treatment, and access to the Platform without delay or prejudice if you choose not to sign or agree to this arbitration provision.

18.2 Informal Resolution Required

Before initiating mediation or arbitration, you must send a written notice of dispute to RespondWell and allow twenty-one (21) days to attempt informal resolution. Notices must include your name, account email, a description of the dispute, relevant dates, and the specific relief requested.

Notice to RespondWell:

Email: legal@respondwell.health

RespondWell, LLC

1500 N Grant St #7116

Denver, CO 80203

18.3 Mandatory Mediation

If the dispute is not resolved informally, the parties agree to first attempt mediation administered by the AHLA Dispute Resolution Service. You shall, in writing, join RespondWell in a joint demand for mediation and afterward jointly select a suitable mediator from the AHLA roster. If the parties cannot agree upon a mediator, the AHLA shall designate one. The mediation will be conducted according to the AHLA’s Agreement to Mediate.

The findings, conclusions, and recommendations of the mediator shall be non-binding, confidential, and inadmissible in arbitration or any other subsequent proceeding. Either party shall have the right to reject the mediator’s findings, conclusions, and recommendations. In such event, all claims and disputes shall be exclusively, fully, and finally resolved using binding arbitration through the AHLA. No earlier than sixty (60) days after providing notice of intent to file, a party may initiate arbitration if the matter has not been fully resolved through mediation. RespondWell will cover all reasonable and standard costs of mediation.

18.4 Binding Arbitration

Any dispute arising out of or relating to this contract, the Platform, or the subject matter thereof, or any breach of this contract – including any dispute regarding the scope of this clause, fees, advertising, privacy, services requested, or the design and use of artificial intelligence (AI) systems – will be resolved by final and binding arbitration administered by the AHLA Dispute Resolution Service and conducted pursuant to the AHLA Rules of Procedure for Arbitration. Judgment on the award may be entered and enforced in any court having jurisdiction.

Small Claims Exception: Either party may assert an individual action in a Denver, Colorado small claims court for disputes within the scope of such court’s jurisdiction in lieu of arbitration, provided such action remains in small claims court and advances only on an individual basis.

Hybrid Remote Format: To ensure efficiency, arbitration shall be conducted as a documents-only and remote proceeding. The parties shall submit all evidence and arguments in writing. However, each party may elect to one (1) remote video oral argument session, not to exceed ninety (90) minutes, for opening and summary arguments.

Venue & Governing Law: Colorado law applies to these Terms, and the Federal Arbitration Act (FAA) governs the interpretation and enforcement of this arbitration agreement. Notwithstanding the above, if the matter is heard in person, the place of arbitration will be within the Denver Metro Area.

18.5 No Class Actions; No Consolidation

DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE EXPRESSLY PROHIBITED.

The arbitrator has no authority to (a) consolidate claims; (b) join parties; (c) administer any form of group arbitration; or (d) award relief that affects other RespondWell users. If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then that specific claim/request (and only that claim) will be severed and brought exclusively in the state or federal courts located in Denver County, Colorado, stayed until all remaining arbitrable claims are resolved.

18.6 Arbitrator Selection and Panel Threshold

Claims will be heard by a single arbitrator unless the claim amount exceeds $50,000, in which case either party may demand a panel of three (3) arbitrators (the “Panel”). If the parties cannot agree upon a single arbitrator, the AHLA shall designate one. For a panel of three, each party shall select one arbitrator, and the two selected shall choose the third.

18.7 Filing Fees and Cost Allocation (Prevailing Party)

The party initiating arbitration must pay the applicable AHLA filing fees. Each party bears its own attorneys’ fees and costs unless a statute expressly provides otherwise.

Allocation of Costs: The arbitrator(s) shall approximate the extent to which each party prevailed and allocate the cost of the arbitration process (including arbitrator compensation and administrative fees) consistent with this approximation. If the arbitrator(s) determine that one party fully prevailed, the losing party or parties must pay the full cost of the arbitration process.

Misbehavior and Abuse of Process: Notwithstanding the above, the arbitrator(s) may require a party to pay the fees and expenses incurred by the arbitrator(s) and/or the reasonable attorney fees of the other parties, or any portion thereof, as a result of that party’s lack of cooperation, abuse of the process, or the assertion of frivolous claims or defenses.

18.8 Timing and Discovery Limits

Statute of Limitations: Any claim must be initiated for mediation or arbitration within one (1) year from its accrual date; otherwise, it is permanently time-barred.

Expedited Timeline: Time is of the essence. Hearings or oral sessions should occur within 90 days of filing and awards rendered within 120 days, to the extent practicable.

Discovery: Discovery is limited to the exchange of non-privileged documents directly relevant to the dispute.

For disputes where the total claim is $25,000 or less, depositions are not permitted. In lieu of depositions, each party may elect one (1) remote session of oral questioning or cross-examination of an opposing party or witnesses, not to exceed three (3) hours of oral questioning in total per party. The party electing this session shall be solely responsible for the Arbitrator’s fees associated with that session’s time.

Depositions (Claims over $25,000 only): For claims exceeding $50,000, depositions are limited to a maximum of three (3) per party, conducted within 90 days of the request, and lasting no more than three (3) hours each. For claims of $25,000 or less, depositions are replaced by the oral questioning session described above, unless otherwise agreed upon by the parties.

Pre-Hearing Exchange: At least ten (10) business days prior to the hearing or the submission of final documents, parties must exchange final witness lists and copies of all exhibits. Evidence not timely disclosed shall be excluded absent a showing of good cause.

18.9 Award and Relief

The Arbitrator shall provide a concise written statement of the reasons supporting the award. To the maximum extent permitted by law, the arbitrator(s) may not award punitive, consequential, or emotional distress damages. Relief may only be awarded to the individual party to the extent necessary to resolve that party’s individual claim.

18.10 Confidentiality

Except as required by law, neither party nor the arbitrator may disclose the existence, content, or results of any mediation or arbitration without prior written consent of both parties.

18.11 Optional Appellate Arbitration

Within thirty (30) days after an award is issued, a party may appeal it in accordance with the AHLA Rules of Procedure for Arbitration Appeals. The underlying award is not considered final until the appeal window expires or the appeal is completed. The appealing party is responsible for all appeal-related costs and fees unless applicable law provides otherwise.

18.12 Right to Rescind and Opt-Out

You have the right to rescind this agreement to arbitrate within thirty (30) calendar days of the date you first agreed to these Terms. To exercise this right, you must send a clear statement of your intent to rescind and opt out, including your name, residence address, and account email, to:

Email: legal@respondwell.health

RespondWell, LLC

1500 N Grant St #7116

Denver, CO 80203

Effect of Rescission/Opt-Out: A valid rescission applies solely to the requirement to resolve disputes through binding arbitration. Opting out does not constitute a waiver of the Class Action Waiver, the Mandatory Mediation requirement, or any other provision of RespondWell’s Terms of Use, Privacy Policy, Notice of Privacy Practices, or Telehealth Consent.

Preservation of Litigation Rights: If you opt out, you preserve your right to pursue litigation; however, you agree that such litigation is subject to the exclusive jurisdiction and venue of the U.S. District Court for the District of Colorado or a state court located in Denver County, Colorado. You remain bound to the pre-suit mediation requirements even if you opt out of arbitration.

18.13 Waiver of Jury Trial

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, BOTH YOU AND RESPONDWELL WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO A TRIAL BY JURY.

18.14 Exceptions for Intellectual Property

RespondWell may bring a lawsuit solely for injunctive relief to stop unauthorized use/abuse of the Platform or infringement of intellectual property rights (e.g., trademark, trade secret, copyright, or patent) without first engaging in the informal resolution or mediation processes.

19 Miscellaneous

19.1 Severability

If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remainder will remain in full force.

19.2 Entire agreement

These Terms (and any policies incorporated by reference) are the entire agreement between you and RespondWell regarding the Platform.

19.3 Changes

RespondWell may update these Terms from time to time. Updated Terms will be posted with a revised effective date. Your continued use constitutes acceptance.

19.4 Assignment

RespondWell may assign these Terms. You may not assign them without RespondWell’s prior written consent.

19.5 Contact

If you have any questions or concerns, please contact hello@respondwell.health or submit an inquiry via your patient portal.

Legal Notices: legal@respondwell.health

RespondWell, LLC

1500 N Grant St #7116

Denver, CO 80203

20 State-Specific Notifications

These state-specific notifications are provided to the extent required by, and consistent with, applicable state law. They are not intended to expand any obligations beyond what applicable law requires. If any provision of these state-specific notifications conflicts with these Terms, applicable state law will govern your rights.

For California residents

You (or your legal representative) may withhold or withdraw consent to receive health care services via telehealth at any time. Withholding or withdrawing consent will not affect your right to future care or treatment, nor will it result in the loss or withdrawal of any benefits to which you (or your legal representative) would otherwise be entitled.

All existing confidentiality protections apply.

All existing laws regarding patient access to medical information and copies of medical records apply.

No dissemination of any of your identifiable images or information from a telehealth interaction to researchers or other entities will occur without your consent.

All provisions herein, including your informed consent to receive services via the Platform, are for the benefit of the treating Provider and for your benefit.

General Release — Waiver of California Civil Code §1542. To the extent you are releasing unknown claims under these Terms, you expressly waive California Civil Code Section 1542, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You waive this provision with full knowledge of its meaning and effect.

Medical doctors are licensed and regulated by the Medical Board of California. To check a license or to file a complaint, visit www.mbc.ca.gov, email licensecheck@mbc.ca.gov, or call (800) 632-2322.

Physician assistants are licensed and regulated by the Physician Assistant Board of California. Visit www.pab.ca.gov or call (916) 561-8780.

The Open Payments database is a federal tool used to search payments made by drug and device companies to physicians and teaching hospitals. It can be found at https://openpaymentsdata.cms.gov. This link is provided for informational purposes only. The federal Physician Payments Sunshine Act requires that detailed information about payments and other transfers of value worth over ten dollars ($10) from manufacturers of drugs, medical devices, and biologics to physicians and teaching hospitals be made available to the public.

For Connecticut, Ohio, Utah, and Texas residents

If you would like a record of your visit to be forwarded to another provider, please send us the name and contact information for that provider through the Platform messaging feature or by contacting us at the contact information listed in these Terms.

For Florida residents

Each Provider is a physician licensed by the Florida Board of Medicine or the Florida Board of Osteopathic Medicine. Provider hours may vary and, where required, will be posted on the Platform.

Weight-Loss Consumer Bill of Rights

WARNING: RAPID WEIGHT LOSS MAY CAUSE SERIOUS HEALTH PROBLEMS. RAPID WEIGHT LOSS IS WEIGHT LOSS OF MORE THAN 1½ POUNDS TO 2 POUNDS PER WEEK OR WEIGHT LOSS OF MORE THAN 1 PERCENT OF BODY WEIGHT PER WEEK AFTER THE SECOND WEEK OF PARTICIPATION IN A WEIGHT-LOSS PROGRAM.

CONSULT YOUR PERSONAL PHYSICIAN BEFORE STARTING ANY WEIGHT-LOSS PROGRAM.

ONLY PERMANENT LIFESTYLE CHANGES, SUCH AS MAKING HEALTHFUL FOOD CHOICES AND INCREASING PHYSICAL ACTIVITY, PROMOTE LONG-TERM WEIGHT LOSS.

QUALIFICATIONS OF THIS PROVIDER ARE AVAILABLE UPON REQUEST.

You have a right to:

• Ask questions about the potential health risks of this program and its nutritional content, psychological support, and educational components.

• Receive an itemized statement of the actual or estimated price of the weight-loss program, including extra products, services, supplements, examinations, and laboratory tests.

• Know the actual or estimated duration of the program.

• Know the name, address, and qualifications of the dietitian or nutritionist who has reviewed and approved the weight-loss program according to s. 468.505(1)(j), Florida Statutes.

For Georgia residents

You have the right to file a grievance with the Georgia Composite Medical Board concerning the physician, staff, office, and treatment received. You may call the Board or send a written complaint. Please be prepared to provide the physician or practice name, the address, and the specific nature of the complaint. Phone: (404) 656-3913. Address: 2 Peachtree Street NW, 6th Floor, Atlanta, GA 30303-3465.

For Indiana residents

Unless your Provider specifically discloses otherwise, except for charges for services delivered to patients, Providers do not have any financial interest in any information, products, or services offered through the Platform.

You may access, supplement, and amend your personal health information that you have provided to Providers affiliated with RespondWell. You may also provide feedback regarding the Platform and the quality of information and services, and you may register complaints, including information regarding filing a complaint with the Consumer Protection Division, Office of the Indiana Attorney General.

Notice Concerning Complaints

You may file a complaint online or download the appropriate complaint form. If downloading, you must complete, sign, print, and mail it, along with copies of all relevant supporting documentation to: Consumer Protection Division, Office of the Indiana Attorney General, 302 W. Washington St., 5th Floor, Indianapolis, IN 46204. You can also request a complaint form by calling (800) 382-5516 or (317) 232-6330.

For Kansas residents

Notice to Patients (K.A.R. 100-22-6): It is unlawful for any person who is not licensed under the Kansas Healing Arts Act to open or maintain an office for the practice of the healing arts in Kansas.

If you are a Kansas resident, services will be provided by a person who is licensed to practice the healing arts in Kansas.

Questions and concerns regarding this professional practice may be directed to: Kansas State Board of Healing Arts, 800 SW Jackson, Lower Level – Suite A, Topeka, Kansas 66612. Phone: (785) 296-7413. Toll Free: (888) 886-7205. Fax: (785) 368-7102. Website: www.ksbha.org.

For Louisiana residents

In addition to any informed consent and right to privacy and confidentiality pursuant to state and federal law or regulations, you will be informed of the relationship between your health care provider and you, and the respective role of any other health care provider with respect to the management of your care and treatment. You may decline to receive services and may withdraw from such care at any time.

For Maryland residents

RespondWell verifies the identity of the individual transmitting the communication. After initial verification, RespondWell may verify your identity through the assignment and use of a unique username and password (and a PIN, if you choose to use one). When you sign into the Platform, your credentials identify you.

Access to data via the Platform is restricted through the use of unique usernames and passwords. Your username and password are personal to you and you must not share them with any other individual.

Your Provider/Practice is providing you with access to the Provider/Practice’s Notice of Privacy Practices. During the appointment, the Provider will communicate with you and respond to your questions.

A primary difference between telehealth and direct in-person service delivery is the inability to have direct physical contact with you.

The quality of transmitted data may affect the quality of services provided by your health care provider.

Changes in the environment and test conditions may be impossible to make during delivery of the Clinical Services.

Clinical Services may not be provided by correspondence only. Clinical Services must be delivered by either audio or audio-visual devices.

For Minnesota residents

Disclosures of your health records without your written consent will be made in accordance with state and federal law regarding privacy and confidentiality.

Examples include, but are not limited to, disclosures for specific public health activities, health oversight activities, judicial and administrative proceedings, and specific law enforcement purposes.

You have the right to access and obtain copies of your health records and other information about you that is maintained by your health care provider. For more information regarding your rights to access health records, please refer to the Minnesota Department of Health Notices Related to Health Records at health.state.mn.us/facilities/notices/index.html.

For Oregon residents

You have choices with respect to receiving care and treatment from your health care provider. If you are referred to a facility or other health care provider for a diagnostic test or treatment, you may elect to receive services from a facility or health care provider other than the one recommended by Providers affiliated with RespondWell.

If you choose to have a diagnostic test, health care treatment, or service at a facility different from the one recommended, you are responsible for determining the extent or limitation of coverage for the diagnostic test, treatment, or service at your chosen facility.

Online services used by licensees to provide care via telemedicine should provide patients a clear mechanism to: (i) access, supplement, and amend patient-provided personal health information; (ii) provide feedback regarding the Platform and the quality of information and services; and (iii) register complaints, including information regarding filing a complaint with the Oregon Medical Board at https://www.oregon.gov/omb/pages/default.aspx.

For Texas residents

An additional in-person medical evaluation may be necessary to meet your needs if the Provider is unable to gather all the clinical information via the Platform to safely treat you.

Unless your Provider specifically discloses otherwise, except for charges for Clinical Services delivered to patients, Providers do not have any financial interest in any information, products, or services offered through the Platform.

Information about response times for emails, electronic messages, and other communications can be found on the Platform where required or otherwise provided to you.

Notice Concerning Complaints

Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants, may be reported for investigation at: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018. Assistance in filing a complaint is available by calling 1-800-201-9353. For more information visit www.tmb.state.tx.us.

For Virginia residents

Your health care provider will maintain your records while you are an active patient or will transfer your records to another practitioner or health care provider should you wish to seek care elsewhere.

Your health care provider will maintain your records for a minimum of six (6) years following your last encounter, with the following exceptions:

• Records of a minor child, including immunizations, must be maintained until the child reaches age 18 or becomes emancipated, with a minimum time for record retention of six years from the last patient encounter regardless of age;

• Records previously transferred to another practitioner or health care provider or provided to the patient or personal representative; or

• Records required by contractual obligation or federal law to be maintained for a longer period of time.

Patient records will only be destroyed in a manner that protects patient confidentiality.

For more information from the Virginia Department of Health Professions, go to www.dhp.state.va.us/Medicine.

We will obtain identification information on each patient.

The Platform offers a variety of activities using telemedicine services, including diagnosis and management of acute and chronic medical conditions, prescriptions, ordering of laboratory testing, radiographic studies, and other diagnostic testing, patient education, and appointment scheduling.

You agree that it is the role of the Provider to determine whether your condition is appropriate for a telemedicine encounter.

We utilize security measures intended to help protect protected health information; however, notwithstanding such measures, there is still potential risk to privacy.

We will obtain your express consent to forward patient-identifiable information to a third party where required by law.

For Wisconsin residents

You have the right to request and receive, within a reasonable period of time after your request, information about the fees charged for a health care service, diagnostic test, or procedure provided by your health care provider.