Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and WellMensRX ("WellMensRX," "we," "us," or "our") governing your access to and use of our website, mobile application, telehealth platform, and related services (collectively, the "Services").

By clicking "I Agree," checking a box, creating an account, or otherwise accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not access or use our Services. Your continued use of the Services constitutes ongoing acceptance of these Terms, including any modifications we may make from time to time.

1.1 HIPAA Acknowledgment

By using our Services, you acknowledge that we handle Protected Health Information (PHI) in accordance with HIPAA requirements and our Notice of Privacy Practices. You consent to the collection, use, and disclosure of your health information as described in our Privacy Policy.

2.1 Agreement to Arbitrate

You and WellMensRX agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

2.2 Class Action Waiver

You and WellMensRX agree that each party may bring Disputes against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

2.3 Arbitration Procedures

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in the English language. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

2.4 Opt-Out Right

You have the right to opt out of this arbitration agreement. To opt out, you must notify us in writing within 30 days of first accepting these Terms. Your opt-out notice must include your name, address, email address, and a clear statement that you wish to opt out. Send your opt-out notice to: support@wellmensrx.com

2.5 Exceptions

Notwithstanding the above, either party may bring a claim in small claims court if the claim qualifies for small claims court jurisdiction.

Our telehealth platform is designed for non-urgent medical consultations and treatment of erectile dysfunction and related men's health conditions.

If you are experiencing any of the following, seek emergency care immediately:

• Chest pain or pressure
• Difficulty breathing or shortness of breath
• Severe allergic reaction
• Loss of consciousness
• Severe bleeding
• Priapism (erection lasting more than 4 hours)
• Sudden vision or hearing loss
• Signs of stroke or heart attack

Do not use our messaging system, telehealth platform, or customer support for emergency situations. Our healthcare providers are not available 24/7 and cannot provide immediate emergency care. Response times for non-emergency consultations may vary.

WellMensRX operates a telehealth platform that connects patients with licensed healthcare providers for the evaluation, diagnosis, and treatment of erectile dysfunction (ED) and related men's health conditions.

4.1 Our Services Include

• Online medical questionnaires and health assessments
• Telehealth consultations with licensed physicians and healthcare providers
• Prescription services for FDA-approved and compounded medications
• Coordination with licensed pharmacies for medication fulfillment
• Ongoing care coordination and medication management
• Educational resources and treatment information

The availability of specific services may vary based on your state of residence, medical history, and provider availability. Not all services are available in all states.

To use WellMensRX Services, you must meet all of the following requirements:

By using our Services, you represent and warrant that you meet all eligibility requirements. We reserve the right to verify your eligibility and to refuse service to anyone who does not meet these requirements.

Minors: Our Services are not intended for use by individuals under 18 years of age. If you are under 18, do not use our Services or provide any information to us.

To access certain features of our Services, you must create an account. When creating your account, you agree to:

• Provide accurate, complete, and current information
• Maintain and promptly update your account information
• Maintain the security of your password and account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account
• Not share your account credentials with any third party
• Not create an account using false or fraudulent information

6.1 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. WellMensRX will not be liable for any loss or damage arising from your failure to maintain account security.

6.2 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including if we believe you have violated these Terms or engaged in fraudulent or illegal activity.

Our platform facilitates telehealth consultations between you and licensed healthcare providers. By using our telehealth services, you acknowledge and agree to the following:

7.1 Nature of Telehealth

Telehealth involves the delivery of healthcare services through electronic communications and technology. While telehealth offers convenience and accessibility, it has certain limitations compared to in-person care.

7.2 Limitations of Telehealth

• Healthcare providers cannot perform physical examinations
• Diagnoses may be limited by the information you provide
• Technical issues may interrupt or prevent consultations
• Telehealth may not be appropriate for all medical conditions

7.3 Your Responsibilities

You agree to provide accurate and complete medical information, follow your provider's instructions, inform your provider of any adverse reactions or side effects, and maintain regular in-person care with a primary care physician.

7.4 Provider Discretion

Healthcare providers have the sole discretion to determine whether telehealth is appropriate for your condition and whether to prescribe treatment. A provider may decline to prescribe medication or may recommend in-person evaluation.

7.5 No Guarantee of Treatment

Receiving a consultation does not guarantee that you will receive a prescription or specific treatment. Treatment decisions are made by independent healthcare providers based on their medical judgment.

8.1 Independent Contractor Relationship

All healthcare providers who provide services through the WellMensRX platform are independent medical professionals, not employees or agents of WellMensRX. These providers include licensed physicians, nurse practitioners, and other healthcare professionals who operate through independent medical groups or professional corporations.

8.2 Provider Responsibilities

Healthcare providers are solely responsible for all medical decisions, including diagnosis, treatment recommendations, and prescribing decisions. Providers maintain their own professional liability insurance and are subject to state medical board regulations and professional standards of care.

8.3 WellMensRX Role

WellMensRX provides technology and administrative services to facilitate the connection between patients and providers. We do not control, supervise, or direct the medical judgment or clinical decisions of healthcare providers.

Prescription medications may be prescribed by licensed healthcare providers following a medical evaluation. By requesting prescription services, you acknowledge and agree to the following:

9.1 Medical Evaluation Required

All prescriptions require a medical evaluation by a licensed healthcare provider. Providers will review your medical history, current medications, and health status before making prescribing decisions.

9.2 Types of Medications

Providers may prescribe FDA-approved brand name medications, FDA-approved generic medications, or compounded medications based on their medical judgment and your individual needs.

9.3 Medication Risks

All medications carry potential risks and side effects. You are responsible for reading all medication information, following dosage instructions, and reporting any adverse reactions to your healthcare provider.

9.4 Drug Interactions

You must inform your provider of all medications, supplements, and herbal products you are currently taking. Failure to disclose this information may result in dangerous drug interactions.

9.5 Contraindications

Certain medical conditions and medications are contraindicated for ED treatments. You must disclose your complete medical history, including heart disease, blood pressure issues, liver or kidney problems, and use of nitrate medications.

9.6 Off-Label Use

Some medications may be prescribed for off-label uses. Your provider will discuss the risks and benefits of any off-label prescriptions.

10.1 What Are Compounded Medications?

Compounded medications are customized pharmaceutical preparations made by state-licensed compounding pharmacies or federally registered outsourcing facilities to meet specific patient needs. Compounding involves combining, mixing, or altering ingredients to create a medication tailored to individual requirements.

10.2 Differences from FDA-Approved Drugs

Unlike FDA-approved brand name or generic drugs, compounded medications have not undergone FDA premarket review for safety, effectiveness, or quality. Compounded medications are not standardized and may vary in composition, strength, and formulation.

10.3 Compounding Standards

Compounded medications provided through WellMensRX are prepared by state-licensed compounding pharmacies in accordance with Section 503A or federally registered outsourcing facilities in accordance with Section 503B of the Federal Food, Drug, and Cosmetic Act. These pharmacies follow USP (United States Pharmacopeia) compounding standards.

10.4 Risks of Compounded Medications

Compounded medications may carry additional risks compared to FDA-approved drugs, including potential variations in potency, quality, purity, and stability. By accepting a compounded medication, you acknowledge these risks and accept responsibility for your decision to use a non-FDA-approved medication.

10.5 Your Right to Choose

You have the right to request FDA-approved alternatives when available. Your healthcare provider will discuss your options and help you make an informed decision about which medication is right for you.

Prescription medications are dispensed by licensed pharmacies that partner with WellMensRX. These pharmacies are independent entities, not owned or operated by WellMensRX.

11.1 Pharmacy Selection

Your prescription will be sent to a licensed pharmacy selected by WellMensRX or, in some cases, to a pharmacy of your choice. All partner pharmacies are licensed and in good standing with their state boards of pharmacy.

11.2 Pharmacy Responsibilities

The dispensing pharmacy is responsible for filling your prescription accurately, providing medication counseling, verifying drug interactions, and complying with all applicable pharmacy laws and regulations.

11.3 Medication Verification

When you receive your medication, you should verify that it matches your prescription, check the expiration date, read all labels and instructions, and contact the pharmacy immediately if you notice any discrepancies.

11.4 Pharmacy Contact

If you have questions about your medication, dispensing, or pharmacy services, you may contact the dispensing pharmacy directly using the contact information provided with your medication.

12.1 Fees and Charges

You agree to pay all fees associated with approved Services, including medication costs, shipping fees, and any applicable taxes. All fees are disclosed before you complete your purchase. Payment is only collected after prescription approval.

12.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated on our platform. By providing payment information, you authorize us to charge your payment method for all fees incurred after your prescription is approved.

12.3 Subscription Services

Some Services may be offered on a subscription basis with recurring charges. By enrolling in a subscription, you authorize us to charge your payment method automatically at regular intervals until you cancel.

12.4 Price Changes

We reserve the right to change our pricing at any time. Price changes will not affect orders already placed but will apply to future orders. We will notify you of any price changes that affect your subscription services.

12.5 Billing Disputes

If you believe you have been incorrectly charged, you must contact us within 60 days of the charge. Contact our billing department at support@wellmensrx.com.

12.6 Insurance

Our Services are generally not covered by insurance. We do not bill insurance companies or accept insurance payments. You are responsible for full payment at the time of service.

12.7 Failed Payments

If your payment method fails or is declined, we may suspend your access to Services until payment is received. You remain responsible for any unpaid amounts.

13.1 Shipping Methods

Medications are shipped via USPS, UPS, FedEx, or other carriers in discreet packaging. Standard shipping times vary by location but typically range from 3-7 business days.

13.2 Expedited Shipping

Expedited shipping options may be available for an additional fee. Expedited shipping does not guarantee delivery by a specific date and is subject to carrier availability and delays.

13.3 Shipping Address

You must provide an accurate and complete shipping address. We are not responsible for delays or non-delivery due to incorrect address information. Medications cannot be shipped to P.O. boxes in some cases.

13.4 Delivery Requirements

Some medications may require signature upon delivery. You are responsible for ensuring someone is available to receive the package if a signature is required.

13.5 Shipping Delays

We are not responsible for shipping delays caused by weather, carrier issues, natural disasters, or other events beyond our control. If your medication is delayed, contact the carrier using the tracking information provided.

13.6 International Shipping

We do not ship outside the United States. All deliveries are domestic only.

13.7 Lost or Stolen Packages

Once a package is delivered by the carrier, we are not responsible for lost or stolen packages. You should contact the carrier to file a claim for lost or stolen shipments.

14.1 No Upfront Consultation Fee

Your online medical consultation is FREE. You are only charged after a healthcare provider approves your prescription and your medication order is processed. If you are not approved for treatment, you pay nothing.

14.2 Medication Refunds

Due to safety regulations and pharmacy laws, we cannot accept returns of prescription medications once they have been dispensed and shipped. Prescription medications are non-refundable except in cases of pharmacy error or defective products.

14.3 Subscription Cancellations

You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellations take effect at the end of your current billing period. No refunds will be provided for partial subscription periods.

14.4 Order Cancellations

You may cancel an order before it has been processed and shipped. Once your prescription has been sent to the pharmacy and processed, cancellations may not be possible. Contact us immediately if you need to cancel an order.

14.5 Defective Products

If you receive a defective or damaged product, contact us within 7 days of delivery for a replacement or refund. You may need to provide photographic evidence of the defect.

14.6 Pharmacy Errors

If the pharmacy makes an error in filling your prescription (wrong medication, wrong dosage, etc.), contact us immediately. We will work with the pharmacy to correct the error and provide a replacement at no charge.

14.7 Refund Processing

Approved refunds will be processed to your original payment method within 7-10 business days.

15.1 Ownership

All content on the WellMensRX platform, including but not limited to text, graphics, logos, images, videos, software, and design elements, is owned by WellMensRX or our licensors and is protected by copyright, trademark, and other intellectual property laws.

15.2 Trademarks

WellMensRX, Epiq Health, and all related logos and marks are trademarks of WellMensRX. You may not use these trademarks without our prior written permission.

15.3 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes in accordance with these Terms.

15.4 Restrictions

• You may not copy, modify, distribute, sell, or lease any part of our Services or content
• You may not reverse engineer, decompile, or attempt to extract source code from our software
• You may not use automated systems (bots, scrapers) to access our Services

15.5 User Content

You retain ownership of any content you submit through our Services (such as medical information or communications). By submitting content, you grant us a license to use, store, and process that content to provide our Services.

15.6 DMCA Compliance

We respect intellectual property rights. If you believe your copyright has been infringed, contact us at support@wellmensrx.com with details of the alleged infringement.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WELLMENSRX AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use or inability to use the Services
• Any unauthorized access to or use of our servers or your personal information
• Any interruption or cessation of transmission to or from our Services
• Any bugs, viruses, or other harmful code transmitted through our Services
• Any errors or omissions in content or any loss or damage incurred from use of content
• The conduct or content of any third party on the Services
• Medical decisions made by independent healthcare providers
• Adverse reactions to medications prescribed by healthcare providers

IN NO EVENT SHALL WELLMENSRX'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO WELLMENSRX IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

16.1 Services Provided "As Is"

Our Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

16.2 No Medical Guarantees

We do not guarantee any specific medical outcomes, results, or effectiveness of treatments. Medical decisions and outcomes are the responsibility of independent healthcare providers and individual patient circumstances.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SET FORTH IN THIS SECTION SHALL APPLY. IN JURISDICTIONS WHERE SUCH LIMITATIONS ARE RESTRICTED BY LAW, OUR LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO WELLMENSRX IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).

You agree to indemnify, defend, and hold harmless WellMensRX, Epiq Health, and our affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any law, regulation, or third-party right
• Your provision of false, inaccurate, or misleading information
• Your failure to disclose relevant medical information to healthcare providers
• Your use of medications in a manner inconsistent with prescribing instructions
• Any content or information you submit through our Services
• Your negligent or wrongful conduct

This indemnification obligation will survive termination of these Terms and your use of the Services. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

18.1 Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.

18.2 Jurisdiction

Subject to the arbitration provisions in Section 2, you agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the federal or state courts located in Delaware, and you consent to the personal jurisdiction of such courts.

18.3 Waiver of Jury Trial

To the extent permitted by law, you and WellMensRX waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to these Terms or the Services.

18.4 State-Specific Regulations

Healthcare services are subject to state-specific regulations. Your access to Services may be limited based on your state of residence and the licensing of healthcare providers.

We reserve the right to modify or update these Terms at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page and may notify you through our Services, by email, or other reasonable means.

19.1 Material Changes

For material changes that significantly affect your rights or obligations, we will provide at least 30 days' notice before the changes take effect (unless legally required to implement changes sooner).

19.2 Acceptance of Changes

Your continued use of our Services after any changes to these Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using our Services.

19.3 Review Regularly

We encourage you to review these Terms periodically to stay informed about your rights and obligations.

19.4 Prior Versions

If you would like to review a prior version of these Terms, please contact us at support@wellmensrx.com.

20.1 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, supply chain disruptions, carrier delays, or internet/telecommunications failures.

20.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

20.3 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and WellMensRX regarding your use of the Platform and supersede all prior agreements, representations, and understandings.

20.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of WellMensRX to be effective.

20.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets. Any attempted assignment in violation of this provision shall be null and void.

20.6 Survival

The following sections shall survive termination of these Terms: Limitation of Liability (Section 16), Indemnification (Section 17), Arbitration and Dispute Resolution (Section 2), Intellectual Property (Section 15), and any other provisions that by their nature should survive termination.

20.7 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

20.8 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any person, except as expressly provided herein.

If you have any questions, concerns, or complaints about these Terms or our Services, please contact us:

21.1 Customer Support Hours

Our customer support team is available Monday through Friday, 9:00 AM to 6:00 PM EST. We respond to most inquiries within 24-48 hours.

21.2 Medical Questions

For medical questions or concerns about your treatment, please contact your healthcare provider directly through your patient portal or the contact information provided with your prescription.

21.3 Privacy Concerns

For questions about our privacy practices or to exercise your privacy rights, please review our Privacy Policy or contact us at the email address above.

21.4 Billing Issues

For billing questions or disputes, email support@wellmensrx.com with "Billing" in the subject line.