Terms of Service

1. Acceptance of Terms

By accessing or using the Affinity Direct platform and services ("Services"), you agree to be bound by these Terms of Service ("Terms"), together with our Privacy Policy and HIPAA Notice of Privacy Practices, which are incorporated by reference. If you do not agree to these Terms, do not use our Services. These Terms apply to all visitors, patients, and users of the platform.

Affinity Direct is the online division of Affinity Whole Health LLC ("Company," "we," "us," or "our"), a licensed healthcare organization that delivers telehealth services in select U.S. states. The Company operates the Affinity Direct technology platform. Clinical services offered through the platform are delivered by licensed healthcare providers — the Company's own clinical team and, for certain treatments and states, independent licensed third-party clinicians and medical groups credentialed through our partner provider network (together, the "provider network"). All providers in the provider network are licensed in the states where they treat patients.

You accept these Terms by checking the box or clicking the button indicating your agreement during intake or checkout, or by otherwise accessing or using the Services.

2. Eligibility

To use our Services, you must be at least 18 years of age, a legal resident of a U.S. state where the Company is licensed to provide telehealth services, and able to form a legally binding contract. The Services are intended for your own personal use only. By using our Services, you represent and warrant that you meet these requirements.

Our Services are not available in all states, and availability may change. We verify your eligibility, including your state of residence, during the intake process, and we may decline or discontinue Services if you do not meet eligibility requirements.

3. Nature of Services

Affinity Direct provides an online platform that connects patients with licensed healthcare providers for asynchronous telehealth consultations. Our providers may, at their sole clinical discretion, issue prescriptions for FDA-approved medications.

The Company provides the technology platform and the administrative and support services that facilitate the delivery of care. All clinical decisions — including whether a consultation is appropriate, what treatment to recommend, and whether to issue a prescription — are made solely by licensed healthcare providers exercising their own independent professional judgment.

Affinity Direct does not guarantee that a prescription will be issued. Prescription decisions are made by licensed providers based on clinical judgment. We do not provide emergency medical services. If you are experiencing a medical emergency, call 911 immediately.

The Services are intended to supplement, not replace, a comprehensive healthcare relationship with a primary care provider.

Affinity Direct operates in compliance with applicable federal and state telehealth laws. Our services are only available in states where Affinity Whole Health LLC holds the required licenses. Service availability is verified during the intake process based on your state of residence.

4. Telehealth Informed Consent

By submitting a patient intake form, you acknowledge and consent to the following:

• You understand that the consultation is conducted asynchronously (not in real-time) and does not constitute an in-person medical visit.
• You understand that the prescribing provider has not physically examined you and is relying on the information you provide.
• You understand that telehealth has limitations and that some conditions may require an in-person evaluation.
• You authorize the licensed providers in our provider network to review your submitted health information and, if clinically appropriate, issue a prescription.
• You understand that some medication uses may be off-label. When applicable, Affinity Direct will present an additional acknowledgement before submission, and your provider will determine whether treatment is clinically appropriate.
• You consent to receive clinical communications electronically, including prescription approvals, treatment updates, and follow-up messages.
• You understand that your provider may decline to prescribe based on the information provided or their clinical judgment, with no obligation of explanation beyond general clinical grounds.
• You confirm that all information provided in your intake form is accurate and complete to the best of your knowledge. Providing false information to obtain a prescription may constitute a criminal offense.

5. Account Registration and Security

Certain features, including the patient portal, require you to verify your identity and access your account using one-time codes or other credentials we provide. You are responsible for:

• Providing accurate and current registration and contact information
• Maintaining the confidentiality of your login credentials and one-time access codes
• All activity that occurs under your account
• Notifying us promptly at virtual@affinitywholehealth.com if you suspect any unauthorized access to or use of your account

You may not share your account, transfer it to anyone else, or maintain more than one account without our consent. We may suspend or disable access where reasonably necessary to protect the security of your account or our platform.

6. Patient Responsibilities

You agree to:

• Provide accurate, complete, and truthful information in your intake form and all communications with providers
• Not use the platform to obtain medications for any purpose other than your own personal medical use
• Not share, resell, or transfer prescriptions or medications to any other person
• Inform your Affinity Direct provider of any changes to your health status, medications, or allergies
• Use medications only as directed by your provider and the accompanying prescribing information
• Maintain the security of your patient portal login credentials

Providing false or misleading health information may result in your account being terminated and may expose you to legal liability.

7. Payments, Billing, Refunds, and Subscriptions

For prescription orders, your payment method is charged the quoted order amount at checkout when you complete the intake. A licensed provider then reviews your submission. If a provider does not approve treatment, your payment is refunded in full (please allow 5–10 business days for the refund to appear, depending on your bank). In limited cases where a safety review is required first, payment is collected only after that review clears, and the same full-refund policy applies if a provider does not ultimately approve treatment.

By submitting an order, you authorize the Company and its third-party payment processor to charge your payment method for the amounts associated with your order, including applicable taxes and any recurring subscription charges you select. You represent that you are authorized to use the payment method you provide.

Automatic Renewal Disclosure

If you select the Subscribe & Save option, you are enrolling in an automatically renewing subscription. Your subscription will automatically renew at the end of each billing period (monthly or as selected) and your payment method on file will be charged at the then-current subscription price, unless you cancel before the renewal date.

You may cancel, pause, or modify your subscription at any time by: (1) logging into your patient portal and adjusting your subscription settings, or (2) contacting our support team at virtual@affinitywholehealth.com before the next renewal date. Cancellation takes effect at the end of the current billing period. No refunds are issued for the current period upon your cancellation.

Pricing and Payment Issues

Prices are stated at checkout and may change over time. For subscriptions, we will notify you of any change to your recurring price before it takes effect, and the new price will apply to renewals after the effective date unless you cancel. If a payment attempt fails, we may retry the charge and may suspend the related order or subscription until payment is resolved. If you believe a charge is in error, please contact us before disputing it with your bank so that we can resolve it directly.

Shipping and Delivery

All timeframes shown on the platform — including provider-review windows, references to "2-day shipping," and any estimated delivery dates or windows — are estimates only and are not guaranteed. References to "2-day shipping" describe the carrier transit service used once your order ships from the pharmacy; they are not a commitment that your order will arrive within two days of checkout or of prescription approval. Actual timing depends on provider review, pharmacy fulfillment, and shipping-carrier performance, each of which can vary and some of which are outside our control (see Section 9, Third-Party Services).

You are responsible for providing an accurate shipping address and for arranging to receive delivery. Delivery delays do not qualify for a refund. We do not issue refunds or credits for late deliveries, missed or changed carrier delivery windows, or a recipient's unavailability to receive or retrieve a shipment. If a shipment is lost in transit or arrives damaged or defective, contact support and we will work with the pharmacy and carrier to resolve it as described in the Refund Policy below. Risk of loss passes to you upon the carrier's delivery to the address you provided.

Refund Policy

Prescription medications are not eligible for a refund once dispensed. Federal and state pharmacy regulations prohibit dispensed prescription medications from being returned, restocked, or resold, so once the pharmacy has filled and shipped your prescription we cannot refund it, except where a refund is required by law. If your prescription order is lost in transit, arrives damaged or defective, or is affected by a shipping error (such as delivery to the wrong address caused by us or the pharmacy), your remedy is a free reshipment of the same medication: contact support within 14 days of your order date and we will work with the pharmacy and carrier to reship it at no cost. Delivery delays do not qualify for a refund or a reshipment (see Shipping and Delivery above).

Provider non-approval remains fully refundable as described above: if a licensed provider does not approve treatment, your payment is refunded in full.

For non-prescription products (over-the-counter supplements), refunds or replacements may be issued for shipping errors and damaged or defective products. Contact support within 14 days of your order date for assistance.

8. Electronic Communications and Text Messaging Consent

By using the Services, you consent to receive communications from us electronically — including by email, text message (SMS), and notices posted on our platform — and you agree that electronic communications satisfy any legal requirement that a communication be in writing.

Service messages. As part of providing the Services, we send transactional and clinical messages such as one-time sign-in codes, identity-verification messages, order and shipping updates, and prescription and treatment notifications. These messages are necessary to deliver the Services.

Text messaging terms. If you provide a mobile number, you agree that we may contact you at that number by SMS for the purposes described above. Message frequency varies. Message and data rates may apply. Reply STOP to opt out of text messages or HELP for help. Carriers are not liable for delayed or undelivered messages. Opting out of text messages may limit our ability to deliver time-sensitive Service messages, such as sign-in codes.

Promotional messages. We send marketing or promotional communications only where permitted and, where required, with your consent. Where you are offered an optional marketing-texts checkbox when providing your mobile number, we send marketing text messages to that number only in accordance with the choice you make there; that choice is voluntary and is not a condition of purchasing any product or service. You may opt out of promotional messages at any time (for example, by using the unsubscribe link in an email or replying STOP to a marketing text) without affecting the Service messages required to use the Services.

9. Third-Party Services

The Services rely on third parties, including payment processors, licensed dispensing pharmacies, shipping carriers, communications providers, and other technology vendors. Your use of certain features may be subject to those third parties' own terms and policies.

Prescriptions are dispensed and shipped by licensed pharmacies that exercise their own professional and regulatory responsibilities. To the fullest extent permitted by law, the Company is not responsible for the acts, omissions, products, or services of third parties beyond our reasonable control. This section does not limit the Company's responsibilities with respect to the clinical services provided through the provider network or any liability that cannot be limited under applicable law.

10. Acceptable Use

You agree not to:

• Provide false, inaccurate, or misleading information, impersonate any person, or misrepresent your identity, age, or eligibility
• Use the Services to obtain medications for anyone other than yourself, or to resell, divert, or distribute medications
• Use the Services for any unlawful, fraudulent, or abusive purpose
• Attempt to gain unauthorized access to any account, system, or data, or circumvent any security or authentication measure
• Interfere with or disrupt the integrity or performance of the platform, including by introducing malicious code
• Scrape, harvest, copy, reverse engineer, or create derivative works from the platform except as permitted by law

Violation of this section may result in suspension or termination of your access and may be reported to appropriate authorities.

11. Intellectual Property

All content on the Affinity Direct platform, including text, graphics, logos, and software, is the property of Affinity Whole Health LLC or its content suppliers and is protected by applicable copyright and trademark laws. You may not reproduce, distribute, or create derivative works without our express written consent.

12. Termination and Discontinuation of Services

You may stop using the Services at any time.

We may suspend or terminate your access to the Services, in whole or in part, at any time, with or without cause and with or without prior notice, at our sole discretion. This includes, without limitation, where we believe you have violated these Terms, where necessary to comply with law or to protect the safety or rights of patients, providers, or the public, where you engage in abusive, threatening, or fraudulent conduct toward our staff or providers, or where continued provision of the Services is not clinically, commercially, or operationally appropriate. We are under no obligation to provide, or to continue providing, the Services to any person.

Continuity of care. Where we discontinue clinical services, we will provide such notice as we consider reasonable in the circumstances and as required by applicable law and professional obligations. Discontinuation of the Services does not cancel or invalidate any prescription already issued to you, and you should consult a healthcare provider before starting or stopping any medication.

Billing. Upon termination we will cancel any active subscription. Where we have charged you for treatment that has not been dispensed, we will refund that amount; amounts for treatment already dispensed are governed by the Refund Policy in Section 7.

Termination of platform access does not affect our obligation to retain medical records as required by law (see our Privacy Policy and HIPAA Notice). Provisions that by their nature should survive termination — including payment obligations, disclaimers, limitations of liability, indemnification, and dispute resolution — will survive.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, secure against every possible threat, or free of harmful code. Medical outcomes cannot be guaranteed by any healthcare provider.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AFFINITY WHOLE HEALTH LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for a provider's professional negligence, for death or personal injury, or for fraud, gross negligence, or willful misconduct. The limitations in this section apply to the Company's role in providing the platform and related administrative services and do not alter the standard of care applicable to licensed providers.

15. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Affinity Whole Health LLC and its affiliates, officers, employees, providers, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (1) your misuse of the Services; (2) your violation of these Terms or any applicable law; (3) any false, inaccurate, or incomplete information you provide; or (4) your violation of the rights of any third party. This obligation does not apply to the extent a claim arises from the Company's own gross negligence or willful misconduct, or from clinical services governed by the applicable standard of care.

16. Dispute Resolution, Arbitration, and Class Action Waiver

Please read this section carefully — it affects your legal rights.

Informal resolution first. Before starting any formal proceeding, you agree to contact us at virtual@affinitywholehealth.com and give us at least 30 days to resolve the dispute informally.

Binding arbitration. Except as set out below, any dispute arising from these Terms or your use of the Services that is not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules, before a single arbitrator, seated in Cleveland, Ohio. Judgment on the award may be entered in any court of competent jurisdiction.

Class action and jury trial waiver. Disputes will be resolved only on an individual basis. To the fullest extent permitted by law, you and the Company waive any right to a jury trial and any right to bring or participate in a class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims.

Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive or equitable relief in court to protect intellectual property or to address unauthorized access to or misuse of the Services.

30-day opt-out. You may opt out of this arbitration agreement by emailing virtual@affinitywholehealth.com within 30 days of first accepting these Terms, stating your name and your intent to opt out. Opting out will not affect any other part of these Terms.

To the extent applicable law restricts arbitration of a particular claim (for example, certain healthcare liability claims), that claim shall proceed as required by law. If the class action waiver is found unenforceable as to a particular claim, that claim shall proceed in court, but the remainder of this section will remain in effect.

17. Governing Law

These Terms are governed by the laws of the State of Ohio, without regard to its conflict of law provisions. Subject to the arbitration provisions above, the state and federal courts located in Cuyahoga County, Ohio shall have exclusive jurisdiction over any disputes not subject to arbitration.

18. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and HIPAA Notice, are the entire agreement between you and the Company regarding the Services and supersede any prior agreements on that subject.

Severability. If any provision of these Terms is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms, including to an affiliate or in connection with a merger, acquisition, or sale of assets.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control.

Headings. Section headings are for convenience only and do not affect interpretation.

19. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email, a prominent notice on our platform, or another legally sufficient method, and we will update the "Last updated" date above. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

20. Contact

For questions about these Terms:
Affinity Direct Legal Department
Email: virtual@affinitywholehealth.com
Affinity Whole Health LLC
3401 Richmond Road, Suite 101
Beachwood, OH 44122