Consent to Telehealth

Introduction

Fresh Day Meds (collectively, "we," "our," "us," or "Fresh Day Meds") is a digital health company that offers a website and a related application through which users, clients, or other visitors (collectively "you" or "your") may request and obtain online consultations with affiliated independent, licensed physicians, nurse practitioners, and other provider types (collectively, a "Provider" or "Providers") as managed by our contracted provider network, Telegra Md Provider Network PC ("Medical Group").

Services may include consultations, treatment plans, at-home labs, diagnoses, or prescriptions through nationwide local and/or mail-order pharmacies that Fresh Day Meds has partnered with for the provision of such services (collectively, "Services").

These Services are offered online via telehealth, a method of delivering remote access to healthcare that makes use of a number of telecommunications technologies, including synchronous video or voice, asynchronous chat, text, email, or other secure communication methods remotely.

As a result, telehealth may involve the electronic transmission of personal health information such as health records, laboratory findings, necessary photographs, video recordings, information obtained from remote monitoring devices, or similar data for proper clinical assessment, diagnosis, treatment, and follow-up services. Telehealth is additionally used to provide clinical consultations, assessments, diagnoses, health education, treatment, and follow-up care.

Potential Benefits of Telehealth

The potential benefits of telehealth Services include:

• Having access to medical care and health education without needing to leave home
• Improved access to health care
• Receiving private diagnosis and treatment at a time that can be more conducive to client schedules
• Improved clinical outcomes
• More affordable medical care

Potential Limitations of Telehealth

Although Fresh Day Meds is dedicated to using industry best practices for the security of our website, application, platform, network, and software, with enhanced security tools and protocols in place to protect personal health information, the electronic transmission of information always involves a certain degree of risk.

This includes but is not limited to:

• Treatment information being disrupted or distorted by technical failures
• Sessions being interrupted or accessed by unauthorized persons
• Miscommunication between myself and the provider via Telehealth
• Being overheard by persons near me
• Electronic communication being forwarded, intercepted, or changed without my knowledge and despite taking reasonable measures

Regulatory requirements in your state may prevent you from obtaining certain Services or prescriptions, your past medical history or a specific presenting condition may prevent you from using telehealth, we may not be able to perform certain tests, and the information you transmit via telehealth may not be sufficient for an accurate diagnosis and treatment. These limitations can prevent proper diagnosis and treatment, and such technology failures may even disrupt Services.

Technical Requirements & User Responsibility

To participate in telehealth Services, you are responsible for ensuring you have access to adequate technology, including:

• A reliable internet connection with sufficient bandwidth for video or audio consultations
• A compatible device (computer, tablet, or smartphone) with a working camera and microphone if required for your consultation type
• A private, quiet environment free from distractions where you can speak openly with your Provider
• Updated web browser or application software as specified by Fresh Day Meds

Fresh Day Meds is not responsible for any technology failures on your end, including but not limited to internet outages, device malfunctions, or inadequate audio/video quality that may affect your consultation.

Provider Licensing & State Requirements

All Providers accessible through Fresh Day Meds are licensed healthcare professionals who maintain active medical licenses in the states where they provide care. Telehealth consultations are only available to patients who are physically located in a state where the treating Provider holds an active license at the time of the consultation.

You are required to accurately disclose your physical location at the time of each consultation. Providing false information about your location may result in termination of Services and could have legal consequences. State-specific telehealth regulations may affect the Services available to you based on your location.

Patient Identity Verification

By using Fresh Day Meds Services, you confirm and represent that:

• You are the individual for whom you are seeking medical care and treatment
• All information you provide, including your name, date of birth, address, and medical history, is accurate and truthful
• You are physically located at the address you provide at the time of your telehealth consultation
• You are not seeking prescriptions or treatment on behalf of another individual

Fresh Day Meds reserves the right to verify your identity through various means, including but not limited to government-issued identification, and to refuse or terminate Services if identity verification cannot be completed or if fraudulent activity is suspected.

Responsibility to Maintain Separate Primary Care Provider

You are encouraged to speak with and take into consideration the counsel of your local primary care providers. Providers available through our platform do not replace care provided by your local primary care physician, or other specialists available to you including internists, gynecologists, cardiologists, psychiatrists, gastroenterologists, or other specialized care providers.

It should be noted that as a requirement for care at Fresh Day Meds, you must maintain a relationship with your primary care physician.

You must call 911 or go to a hospital if you are experiencing a medical emergency and are unable to receive treatment from your healthcare physician.

No Guarantee of Results

By using Fresh Day Meds products and services, you acknowledge that there is no guarantee that you will experience positive results. It is in your best interest to discuss alternative treatment options with your primary care physician or another qualified specialist before and during treatment, especially if you are being treated for any suspected or actual medical condition.

The Services provided by Fresh Day Meds do not prevent you from using other treatments or services, although you must notify any practitioners sought of the specific treatments or services that you are receiving from Fresh Day Meds.

Failure to follow treatment recommendations and guidelines will affect treatment outcomes. You must inform us immediately of any adverse effects of treatment, including any negative or unexpected physical, mental, or emotional effects associated with the use of any Fresh Day Meds products or Services.

Notification of Information that May Affect Eligibility

By using Fresh Day Meds' products and Services, you agree to promptly notify our Providers of any changes that may affect your eligibility for our Services, including pregnancy, breastfeeding, or any other treatment that may conflict with the treatments you are receiving.

You are also responsible for disclosing to Providers all medications, lab tests, and assessments received elsewhere to ensure that care is coordinated and appropriate. In addition, it is your responsibility to notify any other healthcare professional of any treatments or laboratory tests that you receive from us.

Referrals

Some conditions cannot be treated through our platform. By using our platform Services, you understand that a Provider may recommend that you see a medical professional in person. This means you may need to seek treatment in your local community or from your primary care physician.

Insurance Use and Financial Responsibility

Although Fresh Day Meds may collect insurance information for future applications or to assist with the navigation of insurance-related inquiries for prescription coverage, Fresh Day Meds does not currently accept insurance and therefore you are financially responsible for the services rendered.

Furthermore, we do not participate with nor accept Medicare, Medicaid, or Tricare insurance.

Recording & Documentation Consent

You understand and consent that Fresh Day Meds and its affiliated Providers may record, document, and retain records of your telehealth consultations, including but not limited to:

• Written notes and medical records created during or after your consultation
• Copies of any photographs, images, or documents you submit through the platform
• Chat transcripts, messages, and communications exchanged during your consultation
• Audio and/or video recordings of synchronous consultations, where permitted by applicable state law

These records are maintained in accordance with applicable federal and state medical record retention requirements and our Privacy Policy. You have the right to request copies of your medical records in accordance with applicable law.

Your Rights as a Patient

As a patient using Fresh Day Meds telehealth Services, you have the right to:

• Access your medical records: Request and receive copies of your health information maintained by Fresh Day Meds and its affiliated Providers
• Seek a second opinion: Consult with another healthcare provider about your diagnosis or treatment plan at any time
• Refuse treatment: Decline any recommended treatment, medication, or procedure without penalty
• Confidentiality: Have your health information protected in accordance with HIPAA and applicable state privacy laws
• Ask questions: Request clarification about your diagnosis, treatment options, risks, and expected outcomes
• File complaints: Submit complaints or grievances about your care to Fresh Day Meds, your state medical board, or the U.S. Department of Health and Human Services Office for Civil Rights
• Withdraw consent: Revoke this consent at any time in writing

HIPAA Notice of Privacy Practices

Fresh Day Meds and its affiliated Medical Group are committed to protecting your health information in accordance with the Health Insurance Portability and Accountability Act (HIPAA) and applicable state privacy laws. Our Notice of Privacy Practices describes how we may use and disclose your protected health information (PHI) and your rights regarding that information.

By accepting this Consent to Telehealth, you acknowledge that you have been provided access to our Privacy Policy, which includes our HIPAA Notice of Privacy Practices. We encourage you to review this document carefully.

Telehealth Acknowledgement

By accepting this Consent to Telehealth, you affirm that you:

• Understand and have been given informed consent to receive medical care and treatment via telehealth from Fresh Day Meds affiliated Providers.
• Have read this Consent to Telehealth carefully and understand that using telehealth may provide substantial benefits, but as with any medical service offered, results cannot be assured, and there are potential risks that may be involved in the use of telehealth Services for which Fresh Day Meds cannot be made responsible.
• Understand that all existing confidentiality protections under federal and state law apply to information used or disclosed during your telehealth consultation. However, there are both mandatory and permissive exceptions to confidentiality that may allow or require disclosure of information used or disclosed during the telehealth consultation.
• Understand that Providers on our platform may employ varying approaches in my care, for which you have a right to decline.
• Understand that Providers obtained through our platform may at times recommend FDA-approved devices or medications to treat a condition in a way that differs from the use specifically approved by the FDA for such device or medication. You have the right to refuse such devices or medications.
• Understand that medications prescribed through our platform may be compounded medications that are not FDA-approved, prepared by state-licensed 503A and 503B compounding pharmacies.
• Understand that affiliated Providers made available through our platform are an addition to, and not a replacement for, your local primary care provider.
• Understand that there can be no guarantee of satisfactory results in connection with the Services offered through our platform.
• Understand that a Provider made available through our platform may determine that your condition is not appropriate for telehealth Services and that you may be asked to seek care within your local community or with my primary care provider.
• UNDERSTAND THAT YOU CANNOT OBTAIN URGENT OR EMERGENT CARE THROUGH FRESH DAY MEDS PLATFORM AND PROVIDERS AND AS SUCH, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU MUST SEEK CARE AT YOUR LOCAL EMERGENCY DEPARTMENT OR CALL 911.
• Understand that you will have access to all of your health care information at your request and in accordance with applicable laws and regulations.
• Agree and authorize Fresh Day Meds and our associated Providers to collect, use, and share my information, including my personal health information for any purposes permitted by law, including for treatment, payment, and health care operations.
• Consent to the recording and documentation of telehealth consultations as described in the "Recording & Documentation Consent" section above.
• Confirm that you are at least 18 years of age and are physically located in a state where your treating Provider is licensed at the time of your consultation.
• Understand that you have a responsibility to answer all questions about your health including your medical history honestly, and accurately as withholding such information could result in harm to you including in some cases, death. As such, you must keep your Provider informed of any changes in your health status, diagnoses, symptoms, treatments, medications, and/or supplements used.
• Consent to hold harmless Fresh Day Meds including the associated Medical Group including their Providers, partners, software company, vendors, pharmacies, Parent Company, agents, and subsidiaries in the event that your information is compromised; breached; lost; stolen; or your care is otherwise delayed as a result of the compromise or failure of Fresh Day Med's website, applications, or platform technology.
• Understand that you can withdraw consent and cancel at any time by submitting a support ticket. Otherwise, this consent will be considered renewed upon each new telehealth consultation.

Services from Medical Group

Fresh Day Meds is not a medical group and does not provide medical advice, care, or treatment. However, through its Web or Mobile application, Fresh Day Meds may allow access to independent medical practitioners, including but not limited to Providers contracted through Telegra MD Provider Network, PC, an independent medical group with a network of United States-based health care providers.

It is important to note that Fresh Day Meds does not provide medical advice or care, own or operate the medical practices, employ, or in any way supervise the Providers rendering medical care to you. Care provided is the sole responsibility of the Medical Group and the Providers they employ.

By using our Services, you agree that any prescriptions that you acquire from a Medical Group Provider will be solely for your personal use. You agree to fully and carefully read all product information and labels and to contact your Provider if you have any questions regarding the prescription or directions for its use.