Terms and Conditions

Agreement with Terms and Conditions

BY CLICKING "I AGREE," CHECKING A RELEVANT BOX TO CONFIRM YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE METHOD PROVIDED THROUGH THE SERVICE (AS DEFINED BELOW) OR OTHERWISE AFFIRMING YOUR AGREEMENT TO THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT ANY PERSON WHO CLICKS THE "I AGREE" BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS AND CONDITIONS HAS BEEN GRANTED AGENCY AUTHORITY ON YOUR BEHALF.

Fresh Day Meds and the Service

Fresh Day Meds, LLC and/or its affiliates (collectively, the "Fresh Day Meds," "we," or "us") owns and operates the website at www.freshdaymeds.com (the "Website"). Your access to and use of the Website, any part of it, or anything related to it, including its content ("Content"), any products or services provided through the Website or otherwise by Fresh Day Meds, and any affiliated websites, software or applications owned or operated by Fresh Day Meds (collectively, including the Website and the Content, the "Service") are subject to these Terms and Conditions ("Terms and Conditions" or "Agreement").

Please read these Terms and Conditions carefully as they contain important terms and information that you will need to know and understand about the Service. In these Terms and Conditions, "you" and "yours" refer to the person using the Service.

Acceptance of Terms and Conditions

Your access to and use of the Service is governed by this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to abide by this Agreement in its entirety, you are prohibited from visiting, accessing, registering with, or using the Service or any information or Content provided through the Service, except for the purpose of reviewing this Agreement.

The Service is continuously evolving, and we reserve the right to modify or remove any part of this Agreement or the Service at our sole discretion, without prior notice. Any changes to this Agreement become effective once posted on the Website. Your continued use after any changes to this Agreement are posted constitutes your acceptance of the modified terms.

Your Relationship with Us

We offer certain products and services to individuals who register as users of the Service ("Users"), which are sold or provided by Fresh Day Meds, third party medical providers, pharmacies, or other vendors. Additionally, we may provide access to Telegra MD (the "Medical Group") for the provision of healthcare and/or mental health services through the Website.

The Medical Group employs or contracts with physicians, allied health professionals, and mental health professionals who provide certain healthcare and/or mental health services through the Website (the "Providers"). By accepting this Agreement, you acknowledge that any services you receive from the Pharmacies, the Medical Group or the Providers through the Website are also governed by this Agreement.

We do not control or intervene in the practice of medicine or healthcare by the Medical Group or any of the Providers, each of whom is solely responsible for directing the care or treatment they provide.

By accepting this Agreement, you understand and agree that Fresh Day Meds is not a healthcare provider, and that by using the Service, you are not entering into a doctor-patient or other health care provider-patient relationship with Fresh Day Meds. By using the Service, you may, however, establish a doctor-patient or other health care provider-patient relationship with the Medical Group and/or one or more of the Providers.

Medical Group Contact Information

Consent to Use Telehealth Services

The Service involves the use of telehealth. Telehealth refers to the provision of health and mental health care services through electronic communication, information technology, or other means between a healthcare provider or mental health professional and a patient who are not in the same physical location.

While telehealth can offer certain benefits, there are also potential risks associated with its use. Telehealth services may not be a suitable substitute for in-person care in all situations. To use the Service, you must review and agree to an informed consent regarding telehealth use (the "Telehealth Consent"), which will be provided to you via the Service.

Payment Authorization & Medical Evaluation

When you place an order on Fresh Day Meds, a temporary authorization hold is placed on your credit or debit card for the full amount of the treatment plan. This is not a final charge; it is a reservation of funds to ensure payment can be captured if your prescription is approved.

Every order includes a complimentary medical evaluation by a licensed provider who reviews your medical intake, verifies your identity, and determines your eligibility for treatment.

If your prescription is approved, we will capture the full authorized amount for your treatment plan. If your prescription is declined, we will release the entire authorization hold and you will not be charged. The hold will disappear from your bank statement (typically within 3-5 business days).

Prescription Products

Certain products available through the Service require a valid prescription from an appropriately licensed healthcare provider. You will only be able to obtain a prescription product after completing a consultation of your health information with one of the Providers, during which the Provider determines that the prescription product is clinically appropriate for you and writes a valid prescription.

If the Provider determines a prescription product is clinically appropriate for you, writes a valid prescription, and you have provided informed consent for the product, the Provider will submit the prescription for fulfillment to one of the Pharmacies.

Prescriptions filled by the Pharmacies may not use child-resistant packaging and prescription products may not be dispensed in child-resistant containers. You are responsible for keeping such products in a safe and secure location away from children and others.

Shipping and Delivery

Fresh Day Meds uses third-party carriers to ship prescription products. Delivery timeframes provided on the Service are estimates only and are not guaranteed. Actual delivery times may vary based on carrier performance, weather conditions, holidays, and other factors beyond our control.

Risk of Loss: All products purchased through the Service are shipped pursuant to a shipment contract. This means that the risk of loss and title for such products passes to you upon our delivery of the products to the carrier. We are not responsible for lost, stolen, or damaged packages once they have been delivered to the carrier.

You are responsible for providing accurate shipping information. Fresh Day Meds is not responsible for delays or failed deliveries resulting from incorrect or incomplete address information provided by you.

Certain prescription products may require signature upon delivery or may have specific temperature or handling requirements. You agree to comply with any delivery instructions provided and to be available to receive shipments that require signature.

Financial Responsibility for Services Notice

Fresh Day Meds and the Medical Group are not enrolled in, nor do they participate as providers in, any federal or state healthcare programs (e.g., Medicare, Medicaid) for the provision of any healthcare or health services or supplies.

By choosing to use the Service, you are specifically opting to obtain all services and items on a self-pay basis, outside of any federal or state healthcare program. Accordingly, you are solely responsible for the costs of any service or item provided to you.

By agreeing to use the Service, you acknowledge and agree that (1) you are explicitly choosing to obtain services and items on a self-pay basis, outside of any federal or state healthcare program, and you are solely financially responsible for all services and items provided to you by or through the Service; and (2) neither you nor Fresh Day Meds, Medical Group, Providers or Pharmacies will submit any claims for reimbursement to any federal or state healthcare program for the costs of the services and items provided to you through the Service.

Restrictions on Use and Availability of the Service

Our Service is currently available only to individuals who are located in states in which we offer the Service, are at least eighteen (18) years of age or older (or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18)), and have accepted this Agreement.

Certain products available through the Service are subject to additional age restrictions, and not all products or services are available to all age groups. In some cases, the Service may not be the most suitable way for you to provide information to, communicate with or seek medical, mental health, or other healthcare services and treatment from a healthcare provider or health professional.

Jurisdictions Served

Fresh Day Meds currently provides telehealth services and ships prescription products to patients located in the following jurisdictions within the United States:

Service availability may vary by product and is subject to state and federal regulations. If you are located outside of these jurisdictions, you are not eligible to use our Service.

Duty to Provide Information, Access, and Connectivity

You are responsible for providing and maintaining, at your own risk, option and expense, the necessary software and hardware to access and use the Service, including but not limited to, a computer or mobile device with a video camera and Internet access.

You are solely responsible for any fees you incur, including Internet connection or mobile fees, when accessing the Service. Additionally, you have a duty to provide truthful, accurate and complete information in any forms or communications you submit to or through the Service.

Privacy Policy

Fresh Day Meds understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy for a description of how we may collect, use and disclose your personal information.

Protected Health Information

When you create an account with Fresh Day Meds, you establish a direct customer relationship with us, granting you access to the various features and functions of the Service as a user. As part of this relationship, you provide information including, but not limited to, your name, email address, shipping address and phone number, which we may collect, use and disclose in accordance with our Privacy Policy. This information is not considered to be "health" or "medical" information.

However, when using certain components of the Service, you may also provide medical information that may be protected under applicable laws. Fresh Day Meds is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

Use and Ownership of the Service

The Service and the information and Content available through the Service are protected by copyright laws throughout the world. In accordance with this Agreement, Fresh Day Meds grants you a limited, non-transferable, revocable license to access and use the Service for your personal use solely for the intended purposes of the Service.

You agree that Fresh Day Meds and its suppliers own all rights, title and interest in the Service. You agree not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.

Trademarks and Intellectual Property

"Fresh Day Meds," "Fresh Day," the Fresh Day Meds logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Fresh Day Meds, LLC or its affiliates. You may not use such marks without the prior written permission of Fresh Day Meds.

All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners. Nothing in this Agreement or on the Service shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Service without the prior written permission of the trademark owner.

All Content included on the Service, such as text, graphics, logos, images, audio clips, video, data compilations, and software, is the property of Fresh Day Meds or its content suppliers and is protected by United States and international copyright laws. The compilation of all Content on the Service is the exclusive property of Fresh Day Meds and is protected by United States and international copyright laws.

Prohibited Use

You are prohibited from using or attempting to use the Service:

• For any unlawful, unauthorized, fraudulent or malicious purpose
• In any way that could damage, disable, overburden, or impair any server or the network(s) connected to any server
• In any manner that could interfere with any other party's use and enjoyment of the Service
• To gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means
• To access systems, data, or information not intended by Fresh Day Meds to be made accessible to a user
• To obtain any materials, or information through any means not intentionally made available by Fresh Day Meds
• To reverse engineer, disassemble or decompile any section or technology on the Service
• For any use other than the business purpose for which it was intended

Registration; User Accounts, Passwords, and Security

You may be asked to register and set up an account on the Website in order to access the Service. You agree to accurately maintain and update any information about yourself that you have provided to Fresh Day Meds, the Medical Group or its Providers or the Pharmacies.

You also agree to immediately notify Fresh Day Meds of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Service by contacting Fresh Day Meds.

You agree to keep confidential your username and password and to exit from your User account at the end of each session. Fresh Day Meds explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else's account at any time.

Third-Party Goods and Services

Parties other than Fresh Day Meds, including Pharmacies, the Medical Group and Providers, provide services or sell products through the Service (collectively, "Third-Parties"). Your use of any Third-Party Goods and Services and any interactions with Third-Parties are solely between you and such Third-Parties.

You agree that Fresh Day Meds shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Service, including any Third-Party Goods and Services or your interactions with any Third-Parties.

Indemnification

You agree to indemnify, defend, and hold harmless Fresh Day Meds, its affiliates, officers, directors, employees, agents, licensors, and suppliers (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

• Your use or misuse of the Service
• Your violation of this Agreement
• Your violation of any rights of another party, including any Users
• Your violation of any applicable laws, rules, or regulations
• Any content or information you provide through the Service, including any false, inaccurate, or misleading information
• Any claim that your use of the Service caused damage to a third party
• Your negligence or willful misconduct

Fresh Day Meds reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Fresh Day Meds.

Right to Monitor

Fresh Day Meds reserves the right to monitor general use of the Service at any time as it deems appropriate and to remove any materials that, in Fresh Day Meds' sole discretion, may be illegal, may subject Fresh Day Meds to liability, may violate this Agreement, or are inconsistent with Fresh Day Meds' purpose for the Service.

Terms of Sale

All products offered for sale by Fresh Day Meds are subject to availability and we reserve the right to impose quantity limits on any order we facilitate or reject all or any part of an order without prior notice.

In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time.

You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees ("Taxes") due with respect to your purchase of products or services through our Service.

Termination

Fresh Day Meds may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, if our agreement with the Medical Groups, the Providers or Pharmacies terminate or if we discontinue the Service.

The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination.

Force Majeure

Fresh Day Meds shall not be liable or responsible for any failure or delay in the performance of any obligation under this Agreement (except for payment obligations) where such failure or delay results from any cause beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, earthquakes, floods, fires, or severe weather conditions
• Epidemics, pandemics, or public health emergencies
• War, terrorism, civil unrest, riots, or armed conflict
• Government actions, embargoes, sanctions, or regulatory changes
• Labor disputes, strikes, or work stoppages
• Supply chain disruptions, shortages of materials, or manufacturing delays
• Carrier delays, shipping disruptions, or transportation failures
• Power outages, telecommunications failures, or internet service interruptions
• Cyberattacks, system failures, or technology infrastructure issues

In the event of a force majeure event, Fresh Day Meds will use commercially reasonable efforts to resume performance as soon as practicable. We will notify affected Users of any significant delays caused by force majeure events when feasible.

Electronic Communications Consent

By using the Service, you consent to receive electronic communications from Fresh Day Meds. These communications may include:

• Account-related notices (e.g., order confirmations, shipping updates, prescription status)
• Transactional emails and receipts
• Customer service communications
• Legal notices, including changes to this Agreement or our Privacy Policy
• Marketing communications (subject to your opt-out preferences)

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You are responsible for maintaining a valid email address and for regularly checking your email for communications from us.

You may opt out of marketing communications at any time by following the unsubscribe instructions in any marketing email or by contacting us. However, you may not opt out of transactional or account-related communications necessary to provide the Service.

Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. FRESH DAY MEDS AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUP, THE PROVIDERS AND THE PHARMACIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FRESH DAY MEDS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. FRESH DAY MEDS SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

Dispute Resolution

Please read this section carefully – it significantly affects your legal rights, including your right to file a lawsuit in court.

You and Fresh Day Meds agree that most disputes that arise between us and that cannot be resolved informally shall be resolved through binding individual arbitration with limited exceptions. Arbitration is less formal than a lawsuit in court, uses a single neutral arbitrator instead of a judge or jury, and discovery and appellate review is more limited.

Mandatory Informal Dispute Resolution Process

Before submitting a demand for arbitration, if either you or Fresh Day Meds has a Dispute with the other party, that party shall first provide the other party with a written notice related to that Dispute ("Notice"). If you have a Dispute with Fresh Day Meds, you agree to provide Fresh Day Meds with the Notice by sending the Notice to legal@Freshdaymeds.com.

Agreement to Binding Individual Arbitration

You and Fresh Day Meds agree that subject to the limited exceptions set forth in this Agreement, the sole and exclusive forum for any and all Disputes between you and Fresh Day Meds shall be final and binding individual arbitration.

Exception – Small Claims Court

Either party retains the right to have a Dispute heard in small claims court provided the Dispute falls within the jurisdictional limits of that court and otherwise qualifies for that court, seeks individualized relief, and so long as the action remains in that court.

Arbitration Procedures

Arbitration under this Agreement shall be administered by the American Arbitration Association (the "AAA") in accordance with the then-current AAA Consumer Arbitration Rules, which are available at https://www.adr.org/Rules or by calling 1-800-778-7879.

Governing Law; Venue; Severability of Provisions

This Service is controlled and operated by Fresh Day Meds from our offices within Texas. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.

The validity, interpretation, construction and performance of this Agreement will be governed by the laws of the State of Texas, without regard to any conflicts of law provisions.

All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right.

Third Party Beneficiaries

Any use of third-party software provided in connection with the Service, or any third-party Goods and Services accessed or used in connection with the Service, will be governed by the applicable third-party's license or terms of use, if available.

Unless explicitly stated in the Agreement, no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.

No Agency Relationship

Neither this Agreement, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and Fresh Day Meds, the Medical Group, the Providers, or the Pharmacies. You may not enter into any contract on our behalf or bind us in any way.

Entire Agreement

This Agreement and any other agreements Fresh Day Meds may post on the Service or that you and Fresh Day Meds may execute from time to time constitute the entire agreement between Fresh Day Meds and you in connection with your use of the Service and supersede any prior agreements between Fresh Day Meds and you regarding use of the Service.

Assignment

You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Fresh Day Meds may, in its sole discretion, assign or transfer this Agreement or any or all of the contractual rights and obligations pursuant to this Agreement, in whole or in part, to any affiliate of Fresh Day Meds or to a third-party.

Contacting Us

If you have any questions or concerns about this Agreement, please contact us by submitting a support ticket. We will attempt to respond to your questions or concerns promptly after we receive them.