Terms of Service

Acceptance of terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Newfield Health LLC ("Newfield Health," "we," "our," or "us"). By accessing or using our website or platform (collectively, the "Services"), you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, do not use our Services. If you are using our Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

Description of services

Newfield Health operates a telehealth platform that connects patients with independent, licensed physicians for online consultations. Our Services include:

• A secure online intake and health questionnaire
• Routing of completed intake information to independent licensed physicians
• Secure messaging between patients and physicians
• Coordination of prescription fulfillment through licensed pharmacy partners, where a prescription is issued

Newfield Health is not a pharmacy

Newfield Health LLC does not dispense, sell, or fulfill prescription medications. All prescriptions, where issued, are written by independent licensed physicians and filled by licensed, independent pharmacy partners. Newfield Health has no role in the clinical decision to prescribe or decline to prescribe any medication.

The availability of specific medications through our platform does not constitute a representation that those medications are appropriate for you. Appropriateness is a clinical determination made solely by the treating physician.

Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Be a resident of a U.S. state or territory where our Services are available
• Provide accurate and complete information during the intake process
• Not be using the Services on behalf of a minor

By using our Services, you represent and warrant that you meet all eligibility requirements. We reserve the right to terminate access for any user who provides false or misleading information.

Accounts and user responsibilities

When you create an account or submit an intake, you are responsible for:

• Providing accurate, current, and complete information about your health and medical history
• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorized use of your account

Accuracy of health information is critical. Providing false or incomplete health information to a physician is dangerous and may result in an inappropriate prescription. Newfield Health is not liable for any harm resulting from inaccurate information provided by a patient during the intake process.

Physician independence

The physicians who review your intake and provide care through our platform are independent licensed professionals. They are not employees or agents of Newfield Health LLC. Each physician exercises independent clinical judgment in determining whether to prescribe, what to prescribe, and at what dosage.

Newfield Health does not influence, direct, or control the clinical decisions of the physicians on our platform. A completed intake and payment does not guarantee that a prescription will be issued. The physician may:

• Decline to prescribe if the requested treatment is not clinically appropriate
• Request additional information or a video consultation before making a determination
• Prescribe a different medication or dosage than requested
• Recommend that you seek in-person care

Payments, cancellations, and refunds

Consultation fees

The fee for a physician consultation is charged at the time you submit your intake. This fee covers the physician's review of your case and is earned upon submission, regardless of whether a prescription is issued.

Prescription and medication costs

If a prescription is issued, the cost of medication is billed separately by the fulfilling pharmacy or at checkout, depending on the service structure.

Refunds

Because physician consultations involve professional clinical services rendered at the time of review, consultation fees are generally non-refundable once a physician has reviewed your case. If a physician has not yet reviewed your intake and you wish to cancel, please contact us at support@newfieldhealth.com and we will accommodate your request where possible.

Refunds for medication orders are subject to the fulfilling pharmacy's policies. Opened or used medications cannot be returned.

Subscription and recurring charges

If you enroll in a subscription program, your payment method will be charged automatically at the interval you select. You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period.

Prohibited conduct

You agree not to:

• Provide false, misleading, or incomplete health information during intake
• Attempt to obtain prescriptions for controlled substances or for purposes other than your own legitimate medical use
• Share, resell, or transfer any prescription medications obtained through our platform
• Use our platform on behalf of another person without their knowledge and consent
• Attempt to circumvent any security or access control features of our platform
• Use our Services for any unlawful purpose
• Harass, threaten, or abuse physicians or customer support staff

Violation of these prohibitions may result in immediate termination of your account and, where appropriate, referral to law enforcement.

Disclaimers

Our Services are provided "as is" and "as available" without warranties of any kind, express or implied. Newfield Health does not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free
• Any specific treatment outcome will be achieved
• The Services are appropriate for your specific medical situation

Telehealth services have limitations. Online consultation is not a substitute for emergency care. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room.

Results from treatment vary by individual. Nothing on this website constitutes medical advice. All medical advice is provided solely by the independent licensed physician assigned to your case.

Limitation of liability

To the maximum extent permitted by applicable law, Newfield Health LLC, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of our Services, including but not limited to loss of data, loss of revenue, or personal injury.

Newfield Health's total liability to you for any claims arising out of your use of the Services shall not exceed the total amount you paid to Newfield Health in the twelve months preceding the claim.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, the above limitations apply to the fullest extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Newfield Health LLC and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) any information you provide through the Services that is inaccurate or misleading; or (d) your violation of any applicable law or the rights of any third party.

Dispute resolution

PLEASE READ THIS SECTION CAREFULLY — IT MAY AFFECT YOUR LEGAL RIGHTS.

In the event of a dispute, we encourage you to contact us first at legal@newfieldhealth.com so that we can attempt to resolve it informally.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be resolved through binding arbitration administered by a mutually agreed-upon arbitration service, in accordance with its then-current rules. The arbitration shall be conducted in English.

Class action waiver: You agree that any arbitration or proceeding shall be conducted only on an individual basis and not as a class, consolidated, or representative action. You expressly waive the right to participate in any class action lawsuit or class-wide arbitration.

If for any reason a claim proceeds in court rather than in arbitration, you and Newfield Health agree to waive the right to a jury trial.

Notwithstanding the foregoing, Newfield Health may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

You have the right to opt out of this arbitration provision by sending written notice of your decision to opt out to legal@newfieldhealth.com within 30 days of first accepting these Terms.

Governing law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. The parties specifically exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.

Notwithstanding the choice of governing law, any state-specific telehealth regulations applicable to your state of residence shall apply to the clinical care you receive.

Changes to these terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page and, where required, notify you directly. Your continued use of the Services following any changes constitutes your acceptance of the revised Terms.

If you do not agree to the modified Terms, you should discontinue your use of the Services.

Contact us

Questions about these Terms should be directed to:

• Email: legal@newfieldhealth.com
• Mail: Newfield Health LLC, Attn: Legal