Terms of Use

These Terms of Use ("Terms") are an agreement between you and Haptic Health, LLC, doing business as Haptic ("Haptic," "we," "us," or "our") governing your use of haptichealth.com and related services (the "Services"). By using the Services you agree to these Terms, our Privacy Policy, and our Returns and Refund Policy. If you do not agree, do not use the Services. These Terms include an arbitration agreement and class action waiver in the Dispute Resolution section.

Eligibility

You must be at least 18 years old and located in a state where the Services are available. You agree to provide accurate, complete information and keep it current.

Haptic's Role; Not Medical Advice

Haptic provides a consumer facing platform that facilitates access to telehealth services. Haptic is not a healthcare provider or pharmacy, does not employ pharmacists, and does not diagnose, prescribe, or dispense medication. Clinical services are provided by independent licensed healthcare professionals through Haptic's clinical platform partners. Content on the Services is for general information and is not medical advice. Do not use the Services for emergencies; call 911.

Provider Discretion; No Guarantee of Prescription

A licensed clinician decides, in their independent professional judgment, whether treatment is appropriate. Completing an intake or paying does not guarantee that a prescription will be issued, and a clinician may decline, modify, or discontinue treatment. Individual results vary. Compounded medications are not FDA approved.

Third Party Providers and Pharmacies

If a prescription is issued, it is fulfilled by Manifest Pharmacy, as host pharmacy, or a participating pharmacy in its network, as applicable. Clinicians, clinical platform providers, pharmacies, and laboratories are independent and responsible for their own services. Haptic is not responsible for their professional acts or omissions. See our Health Information and HIPAA Notice.

Accounts

You are responsible for keeping your login credentials confidential and for activity under your account. Notify us promptly of unauthorized use.

Subscriptions, Payment, and Automatic Renewal

• Three month prepaid terms. Not every Haptic product uses the same billing model; the terms shown at checkout for your selected plan control. For Haptic plans offered as three month subscriptions, you are charged the full three month amount up front at checkout. A price shown per month for these plans is the three month price divided by three; for example, a plan advertised at $129 per month is charged as $387 at checkout. These plans are not billed monthly.
• Automatic renewal. A three month subscription plan renews automatically for successive three month terms, and the full three month amount is charged to your payment method at each renewal, until you cancel.
• Cancellation. You may cancel at any time by signing in to your member account or contacting us. Cancel before your renewal date to avoid the next charge.
• Effect of cancellation. Cancellation prevents future renewals. It does not retroactively refund the current term or a prescription already dispensed or in fulfillment, except where required by law or expressly provided in our Returns and Refund Policy.
• Price changes. We will notify you of any price change before it applies to a renewal, and you may cancel before it takes effect.
• You authorize us and our payment processor to charge your payment method for all amounts due.

Electronic Communications

You consent to receive communications from us electronically, including by email, text message, and notices on the Services, and agree these satisfy any legal requirement that communications be in writing. Text messages are governed by our SMS Terms and Conditions.

Acceptable Use

You agree not to:

• provide false information or impersonate another person;
• obtain medication for anyone other than yourself or resell medication;
• interfere with, scrape, reverse engineer, or disrupt the Services;
• use the Services for any unlawful purpose; or
• attempt to gain unauthorized access to any system or account.

Intellectual Property

The Services and their content, trademarks, and logos are owned by Haptic or its licensors. You receive a limited, revocable, non transferable license to use the Services for personal, non commercial purposes.

Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. HAPTIC DOES NOT WARRANT ANY PARTICULAR MEDICAL OUTCOME.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HAPTIC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND HAPTIC'S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID HAPTIC IN THE 12 MONTHS BEFORE THE CLAIM. Some states do not allow these limitations, so they may not apply to you.

Indemnification

You agree to indemnify and hold harmless Haptic and its officers, employees, and agents from claims arising out of your violation of these Terms or misuse of the Services, to the extent permitted by law.

Governing Law

These Terms are governed by the laws of the State of Colorado, without regard to conflict of law rules, and by the Federal Arbitration Act for the arbitration agreement below.

Dispute Resolution and Arbitration

Before filing a claim, you agree to contact us and try to resolve the dispute informally for 30 days. Any unresolved dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in Douglas County, Colorado, or by video or in your county of residence if you prefer, and Colorado law will apply. Either party may bring an individual claim in small claims court instead. YOU AND HAPTIC WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. You may opt out of this arbitration agreement by emailing us within 30 days after first accepting these Terms. If arbitration does not apply, claims will be brought exclusively in the state or federal courts located in Colorado.

State Specific Notices

California residents: under California Civil Code 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210. California residents also have rights described in our California Privacy Notice. Other state laws may give you additional rights that these Terms do not limit.

Changes and Termination

We may update these Terms by posting a revised version with a new effective date. We may suspend or terminate access for violation of these Terms. Sections that by their nature should survive termination will survive.

General

If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. These Terms, with the policies referenced in them, are the entire agreement between you and Haptic about the Services.

Contact

Haptic Health, LLC, doing business as Haptic
340 Third Street
Castle Rock, CO 80104
Email: support@haptichealth.com
Phone: +1 (516) 928-7084