Terms of Service

Terms of Use

Last Updated: March 1, 2026 | Effective: March 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, and any other Practice that may be added to the Platform from time to time:

Wasef Health PC 5260 78th Ave N, PO Box 1697 Pinellas Park, FL 33780 contact@wasef-health.com

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.

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

Telemedicine / telehealth 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. Telemedicine may be used for diagnosis, treatment, follow-up, care coordination, and/or related patient education, and may include, but is not limited to:

electronic transmission of medical records, photo images, personal health information, or other data between a patient and a health care provider;
interactions between a patient and a health care provider via audio, video, text, and/or data communications; and
use of output data from medical devices, sound files, video files, questionnaires, images, and other health-related information.

The electronic systems used in connection with the Services are designed to incorporate commercially reasonable network and software security measures intended to protect the privacy and security of health information and to help preserve data integrity against intentional or unintentional corruption or unauthorized access. However, no system that uses the internet or electronic transmission can be guaranteed to be 100% secure.

By accepting these Terms of Use, you agree and consent to receive disclosures, notices, messages, reports, and other communications, either in writing or electronically, from RespondWell, the affiliated Practices / Medical Groups, the Providers practicing through those affiliated Practices / Medical Groups, and any laboratories, pharmacies, or other service providers involved in facilitating the Services. Such communications may be delivered through your account, by email, by SMS or MMS, or through other electronic means permitted by law and consistent with your communications preferences.

It is your responsibility to monitor these communications and to provide accurate, current contact information. You acknowledge and agree that neither RespondWell, nor any affiliated Practice / Medical Group, Provider, laboratory, pharmacy, or other service provider involved in facilitating the Services will be liable for any loss, injury, claim, or damages arising from your failure to read or respond to these communications, your failure to follow medical advice or treatment instructions provided by a licensed Provider, or your failure to maintain accurate contact information, except to the extent liability cannot be disclaimed under applicable law.

By accessing or using the Services, you consent to the electronic transmission of health and other information as reasonably necessary to provide and facilitate the Services, including communications among RespondWell, the affiliated Practice / Medical Group, the treating Provider, partner laboratories, and partner pharmacies. You further agree that electronic signatures, consents, acknowledgments, records, and communications will have the same force and effect as if provided in paper form and signed manually, to the extent permitted by law.

Please see our applicable Consent to Telehealth, made available through the Services, for additional information regarding the nature, risks, and benefits of telehealth. The applicable Consent to Telehealth is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use. You agree that RespondWell, LLC is an intended third-party beneficiary of the applicable Consent to Telehealth and may enforce those provisions to the extent they relate to RespondWell or the Services it provides.

5.1 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.

5.2 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.

Some treatments may be dispensed as compounded medications, which are custom prepared by licensed pharmacists for individual patients when prescribed. Compounded medications enable Providers to tailor treatment based on patient-specific needs (for example, dose strength, formulation, delivery format, or ingredient sensitivities), using active pharmaceutical ingredients that conform to USP (United States Pharmacopeia) monograph standards.

You are further advised of the following:

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.
RespondWell does not represent any compounded product as being equivalent to, or associated with, any branded or FDA-approved drug product.

By using the Platform, you understand that you may be prescribed and dispensed compounded medications. You acknowledge this disclaimer. 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

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

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: 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:

Your treating Provider / Practice, via the Platform and/or the Practice's designated method of contact; and
The dispensing pharmacy, using the pharmacy's contact instructions provided with your medication; and
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.

8. Electronic Communications; E-Signatures; No Recording

8.1 Electronic Communications

By opting-in to receive text (SMS/MMS/RCS) messages from RespondWell, LLC or by sending RespondWell, LLC an initial text message (an "SMS Enrollment"), you consent to receiving text messages regarding your RespondWell, LLC account and use of the Sites and Services. These text messages may include order confirmations, shipping notifications, messages from your healthcare provider, and other transactional messages, as well as promotional and marketing notifications, to the extent you have opted-in to receive such messages from RespondWell, LLC.

With your SMS Enrollment, you represent and understand that: (1) you are the owner or authorized user of the mobile device you used in order to initiate the SMS Enrollment, (2) you are authorized to approve any applicable charges in connection with the text messages you send to and receive from RespondWell, LLC, (3) you will be responsible for all messaging and other data charges that may apply for any text messages sent to you from RespondWell, LLC, or from RespondWell, LLC to you, and (4) neither RespondWell, LLC, nor your or RespondWell, LLC's mobile carriers, will be liable for delayed or undelivered messages.

Note that access to the Services and the Sites is not conditioned upon your consent to receive marketing or promotional text messages from RespondWell, LLC, and you can opt-out of any of RespondWell, LLC's SMS services at any time by texting "STOP" to the message received, from the mobile device that is subscribed to receive the SMS messages. After you send the text message "STOP" to us, we may send you one final text message to confirm that you have been unsubscribed. If you have opted-in to receive more than one type of text message from RespondWell, LLC, you will need to opt-out of each RespondWell, LLC SMS service to which you are subscribed.

You also understand that while RespondWell, LLC takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from RespondWell, LLC are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk. By initiating an SMS Enrollment, you consent to sending text messages to RespondWell, LLC, and receiving text messages from RespondWell, LLC, that are not encrypted. Likewise, by emailing RespondWell, LLC or giving RespondWell, LLC your email, you consent to receiving unencrypted email messages from RespondWell, LLC.

If you are experiencing any issues with RespondWell, LLC's text messaging or email services, or if you have any concerns about sending or receiving any sensitive information through text or email, please contact us directly at support@respondwell.health. If you have questions specific to your text or data plan, please contact your wireless provider.

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.

8.4 Artificial Intelligence in Communications and Support

RespondWell uses artificial intelligence technologies, including machine learning and AI-powered tools, to improve the efficiency and quality of customer support, platform navigation, and administrative communications. For example, AI tools may be used to (i) respond to general questions about the Platform, treatments, or your account; (ii) route your inquiry to the appropriate team; or (iii) draft responses for our support team to review before sending. RespondWell may also use AI tools to assist in drafting website content, marketing materials, and educational information. All such content is reviewed by RespondWell staff prior to publication.

When you interact with an AI-powered chat agent or similar tool, you will be informed that you are doing so, consistent with applicable law. You may request human assistance at any time. If our support team is unavailable, the agent will submit a ticket on your behalf and a team member will follow up during business hours.

RespondWell does not use AI to make clinical decisions, provide medical diagnoses, or determine whether to prescribe any medication. All clinical decisions are made exclusively by your treating Provider. Any message sent to you by your care team through the Platform's secure messaging features reflects the professional judgment of a licensed clinician — AI tools do not author or substitute for those communications.

AI tools are provided on an "as is" and "as available" basis. RespondWell makes no warranties regarding the accuracy or completeness of AI-generated responses and is not liable for errors in AI-generated content that does not constitute Clinical Services.

9. Privacy

RespondWell provides a platform to facilitate healthcare services. Your privacy is governed by our Privacy Policy, Notice of Privacy Practices, Telehealth Consent and, where applicable, state and federal laws. Our Privacy Policy, Notice of Privacy Practices and Telehealth Consent are hereby incorporated by reference.

9.1 Privacy Framework

Protected Health Information (PHI): RespondWell is not a "covered entity" under the Health Insurance Portability and Accountability Act (HIPAA). However, our partnered Medical Groups, Providers, Labs, and Pharmacies may be covered entities. To the extent that RespondWell acts as a "business associate" for these partners, we will handle your PHI in strict accordance with HIPAA and applicable state privacy laws.
Privacy Policy: RespondWell has adopted a Privacy Policy describing how we use, store, process, collect and transmit personal information. You acknowledge receipt of this notice.
Notice of Privacy Practices: RespondWell and the Medical Groups and Providers have adopted a Notice of Privacy Practices describing how they use and disclose PHI. By using the Service, you acknowledge receipt of this Notice from your respective Medical Group or Provider.
Scope of Protection: Information is considered "Protected Information" only when it is submitted for the specific purpose of diagnosis, treatment, prescription fulfillment, or laboratory services. Any information that is de-identified in accordance with HIPAA, or information provided for other purposes, is governed by our general Privacy Policy.

9.2 Information Usage and Licenses

To provide and improve our Services, we require certain rights to use the data you submit:

Service Delivery: You grant RespondWell and its affiliated professional entities (including Wasef Health, P.C. and affiliated providers) a license to use, host, store, reproduce, and analyze your information. This is strictly for the purposes of providing services to you, conducting analytics, and maintaining the platform.
Non-Confidential Submissions: Any written communications you initiate outside of the patient portal will be assumed non-confidential and may be subject to redisclosure.

9.3 Feedback, Testimonials, and Improvements

We value your input and your success stories. By providing suggestions, ideas, feedback, or testimonials regarding the Service (collectively, "User Input"), you agree to the following:

License to Use: You grant RespondWell a royalty-free, perpetual, and irrevocable license to use your User Input for any purpose. This includes using Testimonials in marketing materials, social media, or on the Sites.
Privacy for Testimonials: If a testimonial contains Protected Information or identifiable personal data, we will obtain your specific consent or ensure the information is appropriately de-identified before public use, in compliance with our Privacy Policy.
Ownership of Improvements: RespondWell is free to use any ideas or techniques contained in your User Input to improve the platform or develop new products. Any enhancements or derivative works created by RespondWell based on your input remain our sole and exclusive property.

9.4 Online Advertising, Cookies, and Tracking Technologies

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.

(a) 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.

(b) Waiver 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 this agreement.

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. Continued access to certain Platform features, consultations, prescriptions, or other Services may be delayed, limited, or unavailable if payment is not successfully authorized, captured, or maintained.

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.
Medications Requiring 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, in its discretion, may 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: (a) the shipping address was inaccurate; (b) you failed to retrieve or accept the package in a timely manner; (c) the package was lost or stolen after delivery; (d) the issue was reported more than 24 hours after delivery; or (e) the product was compromised due to improper storage after delivery.

Any such replacement will be at your full expense. Further, 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 THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM AMOUNT PERMITTED UNDER APPLICABLE LAW.

16. Indemnification

You agree to indemnify and hold harmless RespondWell and its owners, officers, employees, contractors, providers, 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 is a voluntary agreement to resolve any dispute that may arise in the future between the parties through the American Health Law Association Dispute Resolution Service and conducted pursuant to the 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: 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. For disputes in which the total amount in controversy is $7,500 or less, RespondWell may select the mediation or arbitration provider, and the matter shall proceed under that provider's applicable consumer rules and neutral-selection procedures. You shall, in writing, join RespondWell in a joint demand for mediation. For amounts exceeding $7,500, mediation shall be 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 Prohibition of Class Actions, Private Attorney General Actions, and 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) certify a class; (d) administer any form of group arbitration; or (e) 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 120 days of filing and awards rendered within 150 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 $25,000, 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:

Notice to RespondWell: legal@respondwell.health RespondWell, LLC 1500 N Grant St #7116 Denver, CO 80203

If you opt out, you will not be penalized, and all other provisions of these Terms will remain in full force and effect.

18.13 Severability of Arbitration Clause

If any provision in this dispute-resolution section is found unenforceable, it will be severed, and the remainder will be enforced to the maximum extent permitted.

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.
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 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.

Provider/Practice Notice 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.

Telehealth vs. In-Person Services

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.