Terms of Use

1) Acceptance of Terms

These Terms & Conditions (“Terms,” “Agreement”) are entered into by and between you and Craft Telemedicine, LLC, including its affiliates and subsidiaries (“Craft,” “we,” “us”). These Terms govern your access to and use of crafttelemed.com and any related websites, mobile applications, portals, content, products, or services we provide (collectively, the “Platform” or “Service”).

By accessing or using the Service, or by clicking to accept these Terms, you agree to be bound by these Terms and our Privacy Policy (available at crafttelemed.com/privacy-policy), which is incorporated by reference. If you do not agree, do not use the Service.

The Service is intended for access and use only by individuals located in the United States who are 18 years of age or older (or the age of majority in their state of residence, if higher).

Medical emergency: If you are experiencing a medical emergency, call 911 immediately. The Service is not appropriate for all medical conditions.‍

2) Changes to These Terms

We may update these Terms from time to time. If we do, we will post the updated Terms on the Platform and update the “Last Updated” date. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms.

3) Who We Are & Your Relationship with Craft

Craft is a technology company and administrative services provider. The Platform enables individuals who register as users (“Users”) to access products and services that may be sold or provided by:

• Independent medical groups and their licensed clinicians who deliver healthcare services via the Platform (collectively, “Medical Groups” and “Providers”); and
• Licensed pharmacies that may dispense prescription medications (“Pharmacies”).
  

Craft does not practice medicine, provide medical care, or pharmacy services, and no physician-patient relationship is created with Craft. Medical Groups and Providers are solely responsible for the medical services they deliver; Pharmacies are solely responsible for dispensing and pharmacy practice. Craft does not control or interfere with the practice of medicine or pharmacy.

By using the Service, you acknowledge that (i) any clinical services you receive are provided by the Medical Groups/Providers; (ii) any prescription fulfillment is provided by the Pharmacies; and (iii) Medical Groups, Providers, and Pharmacies are independent third-party beneficiaries of these Terms.

4) Communications & Your Responsibilities

Providers and Pharmacies may communicate with you through the Platform (e.g., messages, reports, care plans). You are solely responsible for reviewing and responding to these communications and for following clinical instructions. Neither Craft, the Medical Groups, the Providers, nor the Pharmacies are responsible for losses or harm arising from your failure to timely review or follow such communications.

5) Eligibility; Limited Availability

The Service is currently available only where Craft, the Medical Groups, and the Pharmacies are licensed, registered, or permitted to operate. Availability may change due to regulatory requirements and operational constraints. Additional age restrictions may apply to certain products.

6) Account Registration & Security

You must create an account to use certain features. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at hello@crafthealth.com of any unauthorized use or security breach.

7) Privacy; HIPAA; Protected Information

Please review our Privacy Policy for how we collect, use, and disclose information.

Craft is not a “covered entity” under HIPAA. In some cases, Craft may act as a business associate to a Medical Group or Pharmacy for limited services and will handle Protected Health Information (“PHI”) as required by applicable law and agreements. Medical Groups and Providers maintain their own Notice of Privacy Practices, which describes how they use and disclose PHI; by using the Service, you acknowledge receipt of that notice from your Medical Group/Provider.

Information you provide that is not PHI (e.g., account, shipping, and non-clinical information) is governed by our Privacy Policy and applicable state law. De-identified and aggregated data may be used as permitted by law.

8) Telehealth Informed Consent & Open Payments Notice

Telehealth uses electronic communications to enable Providers to deliver clinical services when you and your Provider are not in the same location. Telehealth has potential benefits and risks (e.g., limited physical exam, technology failures, rare security incidents). Telehealth is not a substitute for all in-person care and may not be appropriate for every condition.

To receive clinical services through the Platform, you must review and accept a Telehealth Informed Consent presented by the Medical Group/Provider. Craft is a third-party beneficiary of that consent.

Open Payments Notice: For information about transfers of value from manufacturers to physicians/teaching hospitals, see the CMS Open Payments database: https://openpaymentsdata.cms.gov/.

9) Prescription Products & Clinical Independence

Certain products require a valid prescription from a licensed Provider following an appropriate assessment. A Provider may determine that a prescription is not clinically appropriate for you; prescriptions are not guaranteed. Providers may order labs, request additional information, or recommend in-person care.

If a prescription is issued, you may choose any pharmacy to fill it. The Platform may facilitate fulfillment through participating Pharmacies for your convenience, but you retain pharmacy choice at all times.

Medication safety: Follow your Provider’s instructions and the medication labeling. Keep medications away from children. (Some shipments may not use child-resistant packaging unless required by law.)

10) Subscription Products; One-Time Purchases

10.1 Overview

Products on the Platform may be purchased as:

• Subscription purchases (recurring billing at the stated interval); or
• One-time purchases (single charge).
  

The checkout flow will identify whether an item is subscription-based or one-time and will display the total price, applicable taxes/shipping, and the billing interval (for subscriptions).‍

10.2 Auto-Renewal & Recurring Charges (Subscriptions)‍

By purchasing a subscription product, you authorize Craft (or its payment processor) to automatically charge your payment method at the stated interval until you cancel. We will send confirmations of initial and renewal charges to your account email.

10.3 Cancellation; Pause; Cut-Off Windows

You may cancel or pause a subscription in your account or by emailing hello@crafthealth.com. To avoid the next charge/shipment, submit your request at least forty-eight (48) hours before the scheduled processing date. Cancellation takes effect at the end of the current paid period. We may allow proration or credits at our discretion where required by law.

10.4 Price Components & Pass-Through Amounts

When subscription products include clinical services and/or a prescription medication, the total price you see may include: (i) Medical Group/Provider professional services; (ii) Pharmacy medication costs; and (iii) Craft’s platform/administrative fees. Craft may collect these amounts and remit applicable portions to the Medical Group and Pharmacy. Itemization may be provided in your account or receipt.

10.5 Address & Delivery Failures

You are responsible for accurate shipping information. If shipments are returned or undeliverable due to your error, we may charge reshipment fees and/or treat the order as fulfilled.‍

11) Payment, Billing, and Taxes

Payment Processor. We use one or more third-party payment processors. Your payments are subject to their terms and privacy policies in addition to ours. We may change processors at any time.

Authorization. You authorize charges to your selected payment method for all purchases, including taxes, shipping/handling, and any recurring charges. You represent that you are authorized to use the payment method.

Failed Payments; Dunning. If a payment fails, you authorize us to retry the charge and to contact you to update your payment method. We may suspend or cancel orders/subscriptions for non-payment.

Taxes. Prices exclude applicable taxes unless stated. We collect taxes when required by law.

Refunds. Except as required by law or expressly stated on the Platform, payments are non-refundable once processing or fulfillment has begun, including for prescription products already dispensed. Contact support for case-by-case resolutions.

12) Notice Regarding Financial Responsibility; Insurance

Unless otherwise stated on the Platform, Craft, the Medical Groups, and the Pharmacies generally do not bill federal or state health care programs or private insurers for services or products provided through the Service. By choosing to use the Service, you understand you may be obtaining products and services on a self-pay (cash-pay) basis and are financially responsible for all costs. You may request documentation to seek out-of-network reimbursement directly from your plan if permitted by your plan; Craft does not submit claims on your behalf unless explicitly stated.

13) No Medical Advice; Not for Emergencies

Information available through the Platform (articles, FAQs, educational content) is provided for informational purposes only and is not medical advice. Always seek the advice of your physician or other qualified health provider with questions about a medical condition, treatment, or medication.

14) User Conduct; Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable law or regulation;
• Upload or transmit unlawful, harmful, defamatory, obscene, harassing, discriminatory, or infringing content;
• Misrepresent your identity or create accounts for others without authorization;
• Introduce malware or interfere with the Service’s operation or security;
• Access the Service by automated means (scrapers, bots) except as expressly permitted;
• Reverse engineer, decompile, or attempt to derive source code;
• Harvest information about others or engage in unsolicited promotions (spam);
• Use the Service in any manner not intended or that imposes unreasonable load on our infrastructure.
  

We may monitor use of the Service and remove or disable content or access at our discretion.‍

15) Intellectual Property; License to Use the Service

The Service and all content therein are owned by Craft or its licensors and are protected by intellectual property laws. Subject to your compliance with these Terms, Craft grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. All rights not expressly granted are reserved.

If you submit reviews, feedback, or other content (“Submissions”), you grant Craft a worldwide, royalty-free, sublicensable license to use, reproduce, modify, display, and distribute such Submissions for operating and improving the Service, consistent with applicable law and our Privacy Policy. Do not submit content you do not have the right to share.‍

16) DMCA Policy

If you believe content on the Service infringes your copyright, please email hello@crafthealth.com with a notice that complies with 17 U.S.C. §512(c)(3). We will respond as required by the DMCA. If you believe your content was removed in error, you may send a counter-notice under the DMCA.

17) Third-Party Goods & Services; Links

The Service may list or link to services or products provided by third parties, including Medical Groups, Providers, and Pharmacies (“Third Parties”). Your interactions with Third Parties are solely between you and the Third Parties. Craft is not responsible for Third-Party content, products, services, or conduct.

You release Craft from claims arising from disputes with Third Parties to the fullest extent permitted by law.‍

18) Terms of Sale; Shipping; Risk of Loss

All offers are subject to availability. We may limit quantities, correct errors, or cancel orders (with a refund of amounts charged). Estimated delivery dates are not guaranteed. Risk of loss transfers upon delivery to the carrier, except as required by law.

For prescription products, once dispensed, items are generally not returnable due to safety and regulatory reasons.

19) Service Availability; Modifications; Termination

We may modify, suspend, or discontinue any part of the Service at any time. We may suspend or terminate your access for violation of these Terms or as required by law. Sections that by their nature should survive termination (e.g., IP, disclaimers, limitation of liability, arbitration) survive termination.‍

20) Disclaimers

THE SERVICE, INCLUDING ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH IT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CRAFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY. CRAFT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

Clinical services are provided by independent Medical Groups/Providers, and pharmacy services by independent Pharmacies. Craft makes no representations or warranties regarding clinical or pharmacy outcomes.‍

21) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CRAFT OR ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES; OR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE.

TO THE EXTENT CRAFT IS FOUND LIABLE, CRAFT’S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) $1,000, OR (B) THE AMOUNT YOU PAID TO CRAFT FOR THE PRODUCT OR SERVICE AT ISSUE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some states do not allow certain exclusions or limitations; some terms may not apply to you.

22) Indemnification

You agree to defend, indemnify, and hold harmless Craft and its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers, as well as the Medical Groups, Providers, and Pharmacies, from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Service; (ii) your violation of these Terms or applicable law; (iii) your Submissions; or (iv) your interactions with Third Parties.

23) Electronic Communications; Consent to Receive Notices

By using the Service, you consent to receive electronic communications from Craft, Medical Groups/Providers, and Pharmacies (e.g., emails, portal messages). These communications satisfy any legal requirement that they be in writing. You may manage communications preferences in your account settings, subject to important service/transactional notices that we must send.

If you provide your email before creating an account, we may send reminder emails to complete signup; such emails will not contain PHI, and you may opt out via the unsubscribe link.

24) Geographic Restrictions

The Service is controlled by Craft from Oklahoma, USA, and is intended for use in the United States. Access may be restricted where prohibited by law. If you access the Service from outside the U.S., you do so at your own risk and are responsible for compliance with local laws.‍

25) Governing Law; Venue

These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the State of Oklahoma, without regard to its conflict-of-laws principles.

Subject to the Arbitration section, the exclusive venue for permitted court proceedings is in the state and federal courts located in Tulsa County, Oklahoma, and you consent to personal jurisdiction there.

26) Binding Arbitration; Class Action Waiver

Read this section carefully — it affects your rights.

You and Craft agree to binding arbitration of all disputes, claims, or controversies arising out of or relating to these Terms or the Service (“Disputes”), before a single arbitrator under the American Arbitration Association (AAA) Consumer Arbitration Rules. Class actions and class arbitrations are not permitted. Each party may seek injunctive relief in aid of arbitration in a court of competent jurisdiction in Tulsa County, Oklahoma.

Opt-Out: You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending your name, address, and a clear statement of your decision to opt out to 5705 E. 71st Street, Suite 100, Tulsa, OK 74136, Attn: Legal – Arbitration Opt-Out. Opting out does not affect other Terms.

Fees & Location: Arbitration fees will be allocated under AAA rules. Unless otherwise agreed, the arbitration will take place in Tulsa County, Oklahoma, or by video/teleconference if the arbitrator permits.

Time Limit: Any claim must be filed within one (1) year after it accrues, or it is permanently barred.

27) Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

28) No Agency

Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and Craft, the Medical Groups, Providers, or Pharmacies.

29) Severability; Waiver; Entire Agreement; Headings

If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be replaced with a valid provision that most closely reflects the parties’ original intent. No waiver of any provision is a waiver of any other provision, nor a continuing waiver. These Terms (including the Privacy Policy and incorporated consents/notices) constitute the entire agreement between you and Craft regarding the Service. Headings are for convenience only.

30) Contact Us

Craft Telemedicine, LLC

5705 E. 71st Street, Suite 100

Tulsa, OK 74136

Email: hello@crafthealth.com

BY CREATING AN ACCOUNT, SUBMITTING AN ORDER, CLICKING “I AGREE,” OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

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