Terms of Service

Acceptance of Terms

By accessing or using hardside.com (the "Site"), creating an account, completing the intake questionnaire, or placing an order, you agree to these Terms of Service ("Terms") and our Privacy Policy, which are incorporated by reference. If you do not agree, do not use the Site.

You must be at least 18 years old and a resident of a state where the clinical services offered through our platform are available to use this Site. By using the Site, you represent that you meet these requirements.

These Terms form a binding agreement between you and [PLACEHOLDER: legal entity name] ("HardSide Health," "we," "us," or "our"), a [PLACEHOLDER: state of incorporation] company.

Platform Description

What HardSide Health Is

HardSide Health is a digital platform that connects individuals seeking GLP-1 weight-management care with licensed healthcare clinicians through our telehealth network. We operate the Site and provide the technology infrastructure for the intake process, order management, support, and communication. We are a platform, not a healthcare provider.

OpenLoop Healthcare Partners

Clinical services - including medical evaluation, diagnosis, and prescribing - are provided by independent licensed clinicians affiliated with OpenLoop Healthcare Partners (the "Medical Group"). These clinicians are independent contractors, not employees of HardSide Health. They are licensed to practice medicine in the states where they see patients and exercise independent clinical judgment in all medical decisions. HardSide Health does not practice medicine, does not employ clinicians, and does not direct clinical care.

Your relationship with the clinician who evaluates you is a separate clinical relationship governed by the Medical Group's own patient agreements, consent forms, and Notice of Privacy Practices. By using the Site and initiating the intake process, you agree to establish that separate clinical relationship.

No Doctor-Patient Relationship With HardSide Health

HardSide Health itself does not create a doctor-patient relationship with you. Nothing on the Site constitutes medical advice. Do not use the Site in place of professional medical care. If you are experiencing a medical emergency, call 911 or go to your nearest emergency room.

Telehealth Consent

By submitting your intake questionnaire and proceeding with the evaluation process, you consent to receive telehealth services from clinicians affiliated with OpenLoop Healthcare Partners. You understand and agree to the following:

• Telehealth involves the delivery of healthcare services using electronic communications, including asynchronous (not real-time) review of health information you provide through the platform.
• The clinician reviewing your information is licensed in the state where you reside and will exercise independent clinical judgment.
• Telehealth has limitations. The clinician cannot physically examine you. There may be situations where the clinician determines that an in-person evaluation is necessary and will advise you accordingly.
• The clinician may decline to issue a prescription if, in their independent judgment, it is not appropriate for your health situation.
• Technical failures - such as internet connectivity issues - may disrupt the delivery of telehealth services.
• Your health information transmitted through the platform is subject to the security measures described in our Health Data Privacy section and the Medical Group's Notice of Privacy Practices.
• You have the right to withdraw this consent at any time by contacting us at [PLACEHOLDER: support email]. Withdrawal will not affect care you have already received.

Telehealth services may not be available in all states. Availability is subject to the licensing and regulatory requirements of your state.

Prescriptions and Medications

No Guarantee of Prescription

Completing the intake questionnaire and paying any evaluation fee does not guarantee that a prescription will be issued. A licensed clinician affiliated with OpenLoop Healthcare Partners will independently review your information and make a clinical determination. HardSide Health has no control over and takes no responsibility for this clinical decision.

Compounded Medications

The GLP-1 medications dispensed through our pharmacy network may be compounded formulations (for example, compounded semaglutide or compounded tirzepatide). You should be aware of the following:

• Not FDA-approved. Compounded medications are not approved by the U.S. Food and Drug Administration (FDA). The FDA does not verify the safety, effectiveness, or quality of compounded medications in the same way it does for commercially manufactured drugs.
• State-licensed compounding pharmacies. Compounded medications dispensed through our network are prepared by pharmacies that are licensed in the applicable state and registered with the applicable state board of pharmacy. They are required to follow applicable state and federal standards for compounding.
• Individual results vary. The effectiveness of compounded GLP-1 medications varies by individual. Results are not guaranteed.
• Follow clinician guidance. Use compounded medications only as directed by your prescribing clinician. Do not adjust your dose without consulting your clinician.

Pharmacy Relationship

If a prescription is issued, it will be directed to a state-licensed compounding pharmacy for fulfillment and shipping directly to you. HardSide Health facilitates this fulfillment but is not the pharmacy. Your relationship with the dispensing pharmacy is a separate relationship governed by that pharmacy's own terms and privacy practices.

Pricing, Billing, and Payment

How Pricing Works

Our pricing is displayed on the Site and is subject to change. The price shown at checkout is the price you will pay if your prescription is approved and fulfilled. We operate on a subscription or recurring billing model unless otherwise stated. Details of your plan, billing frequency, and total charges are presented to you before you complete checkout.

Charged Only If Approved and Fulfilled

For initial orders, you will not be charged for your medication subscription until a clinician approves a prescription for you and the order is confirmed for fulfillment. If a clinician declines to prescribe, you will not be charged for the medication portion of your order. Any separate evaluation or consultation fee (if applicable) is disclosed separately at checkout and may be non-refundable regardless of the prescribing decision.

Recurring Billing

If you enroll in a recurring subscription, your payment method will be charged automatically at the start of each billing cycle at the rate shown at checkout. You authorize us to charge your payment method on a recurring basis until you cancel. You are responsible for keeping your payment information current.

HSA/FSA

Some services offered through the Site may be eligible for payment with Health Savings Account (HSA) or Flexible Spending Account (FSA) funds. Eligibility is determined by the rules of your HSA or FSA plan. We make no guarantee of HSA/FSA eligibility.

Taxes

You are responsible for any applicable taxes, duties, or levies associated with your purchase. We will collect applicable sales tax where required by law.

Refunds and Cancellation

Cancellation

You may cancel your subscription at any time by contacting us at [PLACEHOLDER: support email] or through your account settings. To avoid being charged for the next billing cycle, you must cancel at least [PLACEHOLDER: cancellation notice period, e.g., "3 business days"] before your next renewal date. Cancellation takes effect at the end of your current paid period. We do not pro-rate partial billing periods.

Refunds

• Medication not prescribed: If a clinician declines to prescribe and you were charged for a medication subscription in advance of that determination, you are entitled to a full refund of the medication charge. Evaluation fees (if separately charged) are non-refundable.
• Medication already shipped: We generally cannot accept returns of medications for safety and regulatory reasons. If you received a medication that is defective, damaged, or materially different from what was prescribed, contact us within 7 days of receipt and we will work with the pharmacy to resolve the issue.
• Subscription cancellation: Cancellations are prospective. We do not refund fees already paid for a completed billing period, except where required by applicable law.
• Exceptions: If you believe you were charged in error, contact us at [PLACEHOLDER: support email] within 30 days and we will review your case.

Prohibited Uses

You agree not to use the Site or our services for any of the following:

• Providing false, inaccurate, or misleading information in the intake questionnaire or to a clinician.
• Obtaining a prescription for a purpose other than your own personal medical use.
• Reselling, redistributing, or transferring medications obtained through the platform.
• Accessing the Site through automated means (bots, scrapers, crawlers) without our written permission.
• Attempting to gain unauthorized access to any portion of the Site, our systems, or other users' accounts.
• Using the Site in any way that violates applicable federal, state, or local law or regulation, including laws governing controlled substances, telemedicine, and pharmacy practice.
• Interfering with or disrupting the integrity or performance of the Site.
• Posting or transmitting harmful, abusive, harassing, or defamatory content through any communication feature of the Site.
• Impersonating any person or entity or misrepresenting your affiliation with any person or entity.

We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated these prohibitions.

Intellectual Property

All content on the Site - including text, graphics, logos, images, audio clips, and software - is the property of HardSide Health or its licensors and is protected by applicable intellectual property laws. You may view and print content from the Site for personal, non-commercial use only. Any other use requires our prior written consent.

"HardSide" and "HardSide Health" are trademarks of [PLACEHOLDER: legal entity name]. You may not use our trademarks without our prior written permission.

Disclaimer and Limitation of Liability

Disclaimer of Warranties

THE SITE AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HARDSIDE HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE CLINICAL SERVICES PROVIDED BY OPENLOOP HEALTHCARE PARTNERS OR ITS AFFILIATED CLINICIANS. CLINICAL OUTCOMES VARY AND ARE NOT GUARANTEED.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HARDSIDE HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO HARDSIDE HEALTH IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the minimum extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless HardSide Health and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site or services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any false or inaccurate information you provided.

Arbitration and Class Action Waiver

Agreement to Arbitrate

Except for disputes that qualify for small claims court and except as otherwise provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our services (a "Dispute") will be resolved by binding individual arbitration rather than in court. This includes disputes about the validity, enforceability, or scope of this arbitration agreement.

Arbitration Process

Arbitration will be administered by [PLACEHOLDER: arbitration body, e.g., JAMS or AAA] under its applicable rules, which are available at [PLACEHOLDER: arbitration body website]. The arbitration will be conducted in [PLACEHOLDER: arbitration venue city and state] or, at your election, by telephone or video conference. The arbitrator's decision will be final and binding, subject to limited review under applicable law.

Class Action Waiver

YOU AND HARDSIDE HEALTH EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. DISPUTES MAY ONLY BE BROUGHT ON AN INDIVIDUAL BASIS. IF A COURT FINDS THAT THE CLASS ACTION WAIVER IN THIS SECTION IS UNENFORCEABLE, THE PARTIES AGREE THAT THIS SECTION WILL BE SEVERABLE FROM THE ARBITRATION AGREEMENT.

Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to [PLACEHOLDER: opt-out mailing address or email] within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you are opting out of arbitration. Opting out does not affect any other provision of these Terms.

Exceptions

Either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. Nothing in this section prevents you from filing a complaint with a government agency or regulatory body.

Governing Law

These Terms are governed by the laws of the State of [PLACEHOLDER: governing law state], without regard to its conflict-of-law principles, except to the extent that the arbitration agreement is governed by the Federal Arbitration Act. Any court proceedings not subject to arbitration will be brought in the federal or state courts located in [PLACEHOLDER: venue county and state], and you consent to the personal jurisdiction of those courts.

Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. For material changes, we will provide notice (for example, by email or a prominent notice on the Site) at least 30 days before the changes take effect. Your continued use of the Site after the effective date of the revised Terms constitutes acceptance of those Terms.

If you do not agree to the updated Terms, you must stop using the Site and cancel any active subscription before the effective date.

Contact Us

Questions about these Terms? Reach us at:

• Email: [PLACEHOLDER: support email]
• Mailing address: [PLACEHOLDER: mailing address]

For arbitration-related notices, use the mailing address above and mark your envelope "Legal - Arbitration Notice."