Terms of Service

Effective Date: October 5, 2025

These Terms of Service ("Terms") constitute a binding agreement between you and Healsend Inc. ("Healsend," "we," "us"). By accessing or using the Healsend platform ("Platform"), you agree to these Terms. If you do not agree, do not use the Platform.

These Terms incorporate by reference our Privacy Policy, Telehealth Consent, Refund Policy, and Safety Information. In the event of a conflict between these Terms and any incorporated document, these Terms control.

Healsend may assign its rights and obligations under these Terms to any successor entity or acquirer. You may not assign your rights without our written consent. We reserve the right to modify these Terms with reasonable notice; continued use after the effective date constitutes acceptance.

Healsend Inc. is a Management Services Organization (MSO) and technology company. We provide administrative, operational, and technology infrastructure to independent licensed medical practices and Professional Entities. Healsend does not practice medicine, employ physicians, or engage in the corporate practice of medicine.

All clinical decisions — including diagnoses, treatment recommendations, and prescription issuance — are made solely by licensed healthcare providers affiliated with independent Professional Entities. Your use of the Platform does not create a physician-patient relationship with Healsend.

You must be at least 18 years of age and a resident of the United States to use the Platform. By creating an account, you represent that:

• All information you provide is accurate, current, and complete
• You will maintain the security of your account credentials
• You will promptly update your information if it changes
• You will not allow others to use your account

Prohibited uses include: impersonating another person; providing false health information; attempting to obtain controlled substances fraudulently; using automated tools to access the Platform; or any use that violates applicable law.

Through the Platform, Healsend facilitates:

• Electronic health registration and clinical intake
• Secure video and asynchronous messaging consultations with licensed providers
• Electronic prescription routing to licensed pharmacies
• Payment processing and medication shipping coordination

The Platform is not intended for medical emergencies. If you are experiencing an emergency, call 911 immediately.

Providers affiliated with Professional Entities exercise independent clinical judgment. They are not employees or agents of Healsend. All prescriptions, clinical findings, and treatment decisions are the sole responsibility of your treating Provider.

Healsend does not direct or control the clinical decisions of any Provider. Healsend's role is limited to administrative support, technology services, and operational management.

By using the Platform, you consent to receive healthcare services via telehealth, including audio, video, and electronic/asynchronous communication. You may withdraw consent at any time, but withdrawal may limit or terminate your ability to receive services through the Platform.

All telehealth communications are transmitted using HIPAA-compliant encryption. For full details, please review our Consent to Telehealth Policy.

By providing payment information, you authorize Healsend to charge the stated amount. All transactions are processed via PCI-DSS compliant payment processors. Plans are auto-renewing unless cancelled prior to the renewal date.

Before initiating a chargeback or payment dispute, you agree to contact us at yourhealth@healsend.com. The Platform does not accept insurance; all payments are self-pay. You are responsible for all applicable taxes.

Refunds are governed by our Refund Policy. In summary: refunds are available when treatments are clinically unavailable for you. Consultation fees are non-refundable after clinical review is complete.

You agree to comply with all applicable federal and state laws in your use of the Platform. Prohibited conduct includes:

• Impersonation or submitting false enrollment information
• Unauthorized access attempts or use of automated scraping tools
• Uploading malware or otherwise interfering with Platform integrity
• Attempting to obtain prescription medications through fraudulent means

We monitor Platform usage for compliance and reserve the right to suspend or terminate accounts for violations.

All intellectual property on the Platform — including software, designs, trademarks, and content — is owned by or licensed to Healsend. We grant you a non-exclusive, revocable, non-transferable license to use the Platform for personal healthcare purposes only.

Any feedback or suggestions you provide may be used by Healsend without restriction or compensation. DMCA takedown requests should be sent to yourhealth@healsend.com.

Your use of the Platform is subject to our Privacy Policy and Consumer Health Data Policy. Health information is handled under a Business Associate Agreement (BAA) with applicable Covered Entities. We retain health records for a minimum of 7 years. All stored data is encrypted.

By creating an account, you consent to receive electronic records and disclosures, as permitted by the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA).

We may send transactional communications (receipts, appointment reminders, clinical notifications) and, with consent, marketing communications. You may withdraw consent to marketing communications at any time via the unsubscribe link in any marketing email.

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW.

HEALSEND'S MAXIMUM LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF THE PLATFORM IS LIMITED TO THE TOTAL FEES PAID BY YOU IN THE 12-MONTH PERIOD PRECEDING THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

You agree to indemnify and hold harmless Healsend and its affiliates, officers, employees, and agents from any claims arising out of your violation of these Terms, your use of the Platform, or your provision of false information.

Before initiating arbitration, you agree to attempt informal resolution by contacting us at yourhealth@healsend.com and allowing 30 days for resolution.

If informal resolution fails, all disputes shall be resolved by binding individual arbitration under the AAA Consumer Arbitration Rules. You waive the right to participate in class-action litigation. Nothing in this section prevents either party from seeking injunctive relief in court for IP infringement or platform abuse.

Healsend may suspend or terminate your access without notice for material violations of these Terms. Upon termination, your license to use the Platform ends immediately. Data will be retained and disposed of per applicable law and our Privacy Policy. Provisions that by their nature should survive termination (including dispute resolution, liability limitations, and IP rights) shall survive.

These Terms are governed by the laws of the State of Wyoming, without regard to conflict of law principles. For matters not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming. If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.

Healsend Inc.
30 N Gould St Ste R
Sheridan, WY 82801
yourhealth@healsend.com

We acknowledge all written inquiries within 5 business days.

We post a new Effective Date whenever we update these Terms. Material changes are communicated by email and via a notice on the Platform homepage. Prior versions of the Terms are archived for 7 years. Your continued use of the Platform after the effective date of any update constitutes acceptance of the revised Terms.

Where Healsend functions as a Business Associate under 45 CFR Part 164, it maintains HIPAA-compliant administrative (§164.308), physical (§164.310), and technical (§164.312) safeguards. Healsend requires sub-processor BAAs from all subcontractors handling PHI and provides audit reports to applicable Covered Entities upon request.

Third-party vendors and sub-processors are vetted prior to engagement and are contractually required to implement security measures equivalent to Healsend's standards. All patient data is processed within the United States. A list of sub-processors is available upon request.

Medications are dispensed by independent licensed 503A or 503B pharmacies. Healsend does not own or control any pharmacy. Healsend does not receive ownership interests or per-prescription commissions from any pharmacy.

Administrative fees are non-refundable once services have commenced. Consultation fees are non-refundable after a clinical review is complete. Before filing a chargeback, you agree to notify us at yourhealth@healsend.com at least 10 days in advance. Nothing in these Terms limits your rights under applicable state consumer protection laws or FTC regulations.

By providing your phone number, you consent to receive transactional SMS messages related to your care (appointment reminders, prescription updates, billing notifications). Marketing SMS messages require separate opt-in consent. You may opt out of marketing messages at any time by replying STOP. Message frequency is approximately 4 messages per month for transactional communications. Consent records are retained for 4 years.

We are committed to accessibility under ADA Section 508 and WCAG 2.1 AA standards. We conduct annual accessibility audits. To report accessibility barriers or request accommodations, contact yourhealth@healsend.com. We aim to resolve reported accessibility issues within 30 days.

Healsend maintains a Business Continuity and Disaster Recovery (BC/DR) plan with redundant U.S. data centers. In the event of a HIPAA breach, we provide notification per 45 CFR §164.404. All personnel with access to PHI receive HIPAA training at least every 6 months. Our platform is designed to remain available during reasonable disruptions through automatic failover. Force majeure events (natural disasters, government actions, etc.) that prevent performance will not constitute a breach of these Terms.

California

California consumers have rights under the CCPA/CPRA as described in our Privacy Policy. California law requires that certain disclosures be made regarding arbitration; the AAA Consumer Arbitration Rules govern this agreement.

Washington

Washington residents have consumer health data rights under the My Health My Data Act (MHMDA). We fulfill deletion requests within 45 days. See our Consumer Health Data Policy.

Texas

Texas residents' health information is protected under Texas HB300 (Texas Medical Records Privacy Act). We maintain BAAs with all entities handling Texas residents' health information.

Florida

Florida residents have rights under Florida Statute §456.47 regarding telehealth services. State-specific service limitations may apply based on scope-of-practice regulations.

New York

New York requires 6-year retention of medical records. We comply with this requirement for all New York residents.

Colorado & Virginia

Residents of these states have rights under their respective Consumer Data Protection Acts. Where state law provides greater protections than these Terms, the stricter rule prevails.

These Terms, together with all incorporated policies, constitute the entire agreement between you and Healsend and supersede all prior agreements or understandings. No waiver of any term shall be deemed a continuing waiver or waiver of any other term. You may not assign your rights under these Terms without Healsend's prior written consent.

Sections 9 (Intellectual Property), 12 (Disclaimers and Limitation of Liability), 13 (Dispute Resolution), 15 (Governing Law), 18 (Business Associate), and 26 (Entire Agreement) survive termination of these Terms.

By using the Healsend platform, you acknowledge that you have read, understood, and agree to these Terms of Service.