1. Services Overview, Availability, and Eligibility

The Services may include: health and wellness information and educational content; access to partner pharmacy services; technology tools and platforms related to health issues; health record development and management; administrative support; and communications with telehealth services.

The Services are available only in certain U.S. states and are intended solely for use within the United States. To use the Services, you must: (a) be at least 18 years of age (some Services may require you to be 21 or older); (b) be physically located in a state where the Services are available; and (c) agree to these Terms.

2. Telehealth and Pharmacy

Telehealth Services

Telehealth refers to the practice of healthcare delivery using electronic communications, including but not limited to audio, video, data, and image transmission. Fern Health provides a technology platform that facilitates access to telehealth services delivered by independently licensed healthcare providers.

You acknowledge that telehealth services may have limitations, including the inability to provide certain types of care, and that your treating provider may determine that telehealth is not appropriate for your particular situation. The Services cannot be used to access emergency care.

Consent to Telehealth

By using the Services, you acknowledge and agree to the following:

• You understand the nature of telehealth services and consent to receive care through electronic means.
• You will answer all questions honestly and completely. Withholding or misrepresenting information may result in harm, including serious injury or death.
• Your treating provider may determine that telehealth services are not clinically appropriate for your needs and may decline to provide care.
• Telehealth services are not a substitute for your existing healthcare providers or an established primary care relationship.
• You cannot obtain emergency care through the Services. For medical emergencies, call 911.
• Your protected health information (“PHI”) will be collected, used, and shared as described in our Privacy Policy.
• You renew this consent each time you initiate a new consultation.

Your Relationship with Fern Health

Fern Health is a technology platform company, not a healthcare provider. No physician-patient relationship is created between you and Fern Health. Healthcare services are provided by independently licensed clinicians. Fern Health does not accept insurance; all services are cash-pay only. Fern Health is not enrolled in Medicare or Medicaid.

Pharmacy Services

Medications, if prescribed, are dispensed by a licensed pharmacy. By using the Services, you consent to Fern Health sharing all relevant information with the pharmacy for the purpose of filling your prescription. Medications may not be provided in child-resistant packaging unless specifically requested.

3. Registration and Account Creation

To use certain features of the Services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that contain inaccurate information or that are associated with security violations.

4. Privacy

Our collection and use of personal information in connection with the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy.

5. Ownership and License to Use the Services

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, images, software, and the compilation thereof (collectively, “Services Content”), are owned by Fern Health or its licensors and are protected by applicable intellectual property laws.

Subject to your compliance with these Terms, Fern Health grants you a personal, limited, revocable, non-exclusive, non-transferable license to access and use the Services solely for your personal, non-commercial purposes. No other use is permitted without our prior written consent.

6. User Content and License to Use Such Content

Except as covered by the Privacy Policy or applicable law, any content you submit, upload, or transmit through the Services (“User Content”) that is not personal health information may be used by Fern Health. By submitting User Content, you grant Fern Health a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, analyze, distribute, and disclose such content for purposes of service delivery, improving the Services, marketing, research, and product development, to the extent permitted by applicable law.

7. Copyright Notices

Fern Health respects intellectual property rights and complies with the Digital Millennium Copyright Act (“DMCA”). If you believe that content on the Services infringes your copyright, please submit a written notice to us that includes:

• A physical or electronic signature of the copyright owner or authorized agent;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material on the Services that is claimed to be infringing, with enough information to locate it;
• Your contact information (address, phone number, and email);
• A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner; and
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

DMCA notices should be sent to: support@tryfern.com.

8. Restrictions on Use

You agree not to:

• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
• Violate any applicable law, regulation, or third-party rights;
• Reverse engineer, disassemble, decompile, or attempt to derive the source code of the Services;
• Distribute, transmit, or make available malware, viruses, or other harmful code;
• Infringe any intellectual property rights of Fern Health or any third party;
• Use automated means (including bots, scrapers, or crawlers) to access or collect data from the Services without authorization;
• Use the Services for commercial purposes without our prior written consent;
• Use data obtained from the Services to develop a competing product or service;
• Harass, threaten, or demean healthcare providers or other users;
• Attempt to bypass or circumvent any security features of the Services;
• Remove any proprietary notices or labels from the Services; or
• Encourage or assist any third party to do any of the above.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, OR ACCURACY.

Fern Health does not warrant that the Services will be uninterrupted, error-free, or free from viruses or other harmful components. Fern Health is not liable for any harm resulting from your reliance on information provided through the Services.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FERN HEALTH AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.

In no event shall Fern Health’s total aggregate liability to you exceed the greater of (a) $100 or (b) the total amount you paid to Fern Health in the twelve months immediately preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Fern Health and its affiliates, officers, directors, employees, contractors, agents, successors, and assigns from and against any and all third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your unauthorized use of the Services; (b) your fraud, negligence, or willful misconduct; or (c) your breach of these Terms.

12. Third-Party Links and Features

The Services may contain links to or integrations with third-party websites, services, or applications. Fern Health is not responsible for the privacy practices, content, or security of any third-party services. The inclusion of any third-party link does not imply endorsement by Fern Health. No agency, partnership, joint venture, or employment relationship is created between you and any third party through the Services. You release Fern Health from any claims or disputes arising from your interactions with other users or third parties accessed through the Services.

13. Changes to the Terms of Use and the Services

Fern Health reserves the right to modify these Terms at any time, with or without prior notice. Your continued use of the Services after any changes constitutes your acceptance of the revised Terms. Fern Health also reserves the right to modify, suspend, or discontinue the Services, or any part thereof, at any time without liability.

14. Payments

By using paid Services, you agree to pay all applicable fees. Prices are subject to change. Payment processing may be handled by third-party processors subject to their own terms. Fern Health does not accept insurance. All fees are generally non-refundable unless otherwise stated.

Subscription Services automatically renew at the end of each subscription period until you cancel. You may cancel your subscription at any time through your account settings or by contacting us at support@tryfern.com.

15. Termination

These Terms remain in effect for as long as you use the Services. Fern Health may terminate or suspend your access to the Services at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms. Upon termination, you must cease all use of the Services and may not attempt to re-register or access the Services without our express permission.

The following provisions survive termination: Sections 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), 16 (Governing Law; Arbitration), and all other provisions that by their nature should survive.

16. Governing Law; Dispute Resolution; Arbitration

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.

Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except as set forth below, all disputes, claims, or controversies arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. Before commencing arbitration, you must provide Fern Health with written notice of your dispute and a thirty (30)-day period for good-faith resolution.

Exceptions: Either party may bring claims in small claims court. Disputes involving intellectual property rights or requests for injunctive relief may be brought in a court of competent jurisdiction.

Fees: If your claim does not exceed $10,000, Fern Health will reimburse your AAA filing fee upon request, subject to the arbitrator’s determination that your claim was not frivolous.

Venue: Arbitration hearings will be conducted in the county and state of your billing address.

No Class Actions

YOU AND FERN HEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Statute of Limitations

Any arbitration demand must be filed within one (1) year of the date the claim arose, or it is forever barred.

17. Communications by Text Message and Email

By providing your phone number, you consent to receive transactional and marketing text messages from Fern Health. Standard message and data rates may apply. You may opt out at any time by texting “STOP.” Electronic communications, including text messages and emails, are not encrypted. You send health information via text or email at your own risk.

18. Miscellaneous Terms

No Waiver. Fern Health’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

No Agency. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and Fern Health.

Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. Fern Health may assign its rights and obligations in connection with a merger, acquisition, or sale of assets.

Entire Agreement. These Terms, together with the Privacy Policy and any additional terms applicable to specific Services, constitute the entire agreement between you and Fern Health regarding the Services and supersede all prior agreements.

Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

19. Contact Us

If you have questions about these Terms, please contact us:

Provider Licensure Disclosure for Telemedicine Services

In jurisdictions where public provider licensure disclosure is required for telemedicine services, the following information is provided for the applicable rendering provider: