Terms & Conditions

1. Acceptance of These Terms and Conditions of Use

Bond Health (“Bond Health,” “we,” “us,” or “our”) provides our services (described below) and related content to you through our websites located at bond.health and related domains (the “Sites”) and through our mobile applications and related technologies (“Mobile Apps”, and collectively, such Mobile Apps and the Sites, including any updated or new features, functionality and technology, the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms and Conditions of Use (as amended from time to time, these “Terms”). By accessing, browsing, or otherwise using any Site, Mobile App, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept the terms and conditions of these Terms, you will not access, browse, or otherwise use the Service.

If you are entering into these Terms on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms.

1.1 Your Privacy

At Bond Health, we respect the privacy of our users. For more information please see our Privacy Policy (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

1.2 Additional Terms

In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms.

2. Access and Use of the Service

Which means: To use Bond Health’s software platform and tools, you must register with accurate personal and business details and be at least 18 years old. You’re responsible for keeping your account secure and notifying Bond Health of any breaches. Bond Health may change or discontinue the service at any time. The person or entity registering is the Site Owner and is responsible for managing staff accounts and any associated actions.

2.1 Service Description

The Service provides a software infrastructure platform designed to enable merchants and businesses to market telehealth and related services such as pharmacy fulfillment. The Service is designed to provide a complete commerce platform to enable such merchants and businesses to unify their commerce activities. Among other features, the Service includes a range of tools for merchants and businesses to build and customize telehealth websites, market telehealth and related services in multiple places (including web, mobile, social media, online marketplaces and other online locations and in person), manage the furnishing and delivery of products, services, inventory, payments, fulfillment, shipping, business operations, marketing and advertising, and engage with existing and potential customers.

2.2 Your Registration Obligations

You must register for an account (“Account”) with Bond Health or provide information about yourself (e.g., name and email address) in order to access and use the Service. To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. You agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form.

You acknowledge that Bond Health will use the email address you provide as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to Bond Health and your Primary Email Address must be capable of both sending and receiving messages. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years old, you may not use the Service. Bond Health may reject your registration, or cancel any existing Account, at any time at Bond Health’s sole discretion.

2.3 Member Account, Password and Security

You are responsible for maintaining the confidentiality and security of your password and Account details, if any, and are fully responsible for any and all activities that occur under your password or Account. Bond Health cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. You agree to (a) immediately notify Bond Health of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session when accessing the Service.

2.4 Modifications to Service

Bond Health reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Bond Health will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

2.5 General Practices Regarding The Service; Use and Storage

You acknowledge that Bond Health may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Bond Health’s or its third-party service providers’ servers on your behalf. You agree that Bond Health has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. Bond Health reserves the right to terminate Accounts that are inactive for an extended period of time and to change these general practices and limits at any time, in its sole discretion, with or without notice.

2.6 Site Owner

The individual or entity registering for the Service and accepting these Terms (the “Site Owner”) will be the contracting party for purposes of these Terms and will be the only person authorized to use any Account Bond Health may provide to the Site Owner in connection with the Service. If you are registering for the Service on behalf of your employer, your employer will be the Site Owner. The Site Owner’s name must be clearly visible on your Site. In the event of a dispute regarding Account ownership, Bond Health reserves the right to request documentation and/or determine Account ownership in its sole discretion. Bond Health reserves the right to temporarily suspend or disable the applicable Account pending resolution of any ownership dispute.

2.7 Staff Accounts

Based on your Bond Health pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. Each Staff Account must include a full legal name and a valid email address. With Staff Accounts, the Site Owner can set permissions and let other people work in the Site Owner’s Account while determining the level of access by Staff Accounts to specific business information. The Site Owner is responsible for: (a) ensuring its employees, agents, and subcontractors, including via Staff Accounts, comply with these Terms; and (b) any breach of these Terms by the Site Owner’s employees, agents, or subcontractors.

2.8 Bond Health Accounts

Upon registering for the Service, Bond Health will create an account on your behalf, using your Primary Email Address. Depending upon your location, Bond Health may also create a payment account on your behalf. You acknowledge that the payment account will be your default payments gateway and that it is your sole responsibility as the Site Owner to activate and maintain these accounts. If you do not wish to keep the payment account active, it is your responsibility to deactivate it.

3. Important Reminder About the Service

Which means: Bond Health does not provide medical care or services that require a professional license, and nothing on its platform should be considered medical advice. Using the service and offering care to patients is entirely your responsibility and at your own risk. Bond Health does not create a doctor-patient relationship, endorse any professionals or treatments, or verify your credentials. Never use the platform for emergency medical or mental health care.

4. Compliance with Health Care Laws

Compliance with healthcare regulations applicable to you is your responsibility, and you must ensure you are following all applicable state and federal laws and other regulatory requirements when prescribing and dispensing prescription medications and otherwise relating to the sale of medical related products, both in your jurisdiction and in the jurisdiction of your customers when using the Service. You are responsible for obtaining all applicable licenses or permissions required to prescribe, dispense, or sell your products or otherwise operate your business through the Service. Bond Health shall have no liability for the actions of any users using the Service.

Additionally, and without limiting the foregoing, (a) you must comply with all laws and regulations relating to unfair and deceptive trade practices, including price gouging, by not charging excessive fees or engaging in deceptive pricing practices for medications or medical related products, (b) any medical, scientific, or other claims you make must be true and supported by documented evidence and, where required by law, an adequate and proper test of such claims, and (c) you must ensure delivery of any products you sell to your customers.

Which means: You are fully responsible for following all healthcare laws and regulations when using Bond Health’s service, including getting any licenses needed to prescribe, sell, or dispense medical products. You must avoid unfair practices like price gouging, ensure any health-related claims are truthful and backed by evidence, and make sure products you sell are properly delivered to customers.

5. Conditions of Access and Use

Which means: You are fully responsible for the content, products, and services you share or sell through Bond Health, including ensuring they don’t violate any laws or rights. You must not use the platform for illegal, harmful, or misleading activities. Bond Health prohibits content that infringes on intellectual property, invades privacy, or makes false medical claims. Violations may result in account suspension, content removal, or legal action.

5.1 User Conduct

You are solely responsible for (1) your trademarks, copyrights, and any copyright content, (2) any products or services you sell through the Service (including description and price), and (3) all code, video, photos, images, information, data, text, software, music, sound, audio files, photographs, graphics, written content, messages, and other materials (“content”) that you make available to Bond Health, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Bond Health. Bond Health reserves the right to investigate and take appropriate legal action against anyone who violates this provision. You agree not to use the Service to:

• Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, discriminatory, or otherwise objectionable; or (vii) falsely claims to prevent, treat, or cure a disease or other medical condition;
• Interfere with or disrupt the Service or servers or networks connected to the Service;
• Violate any applicable local, state, national, or international law, or any regulations having the force of law;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Solicit personal information from anyone under the age of 18;
• Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited communications;
• Advertise or offer to sell or buy any goods or services for any business purpose not specifically authorized;
• Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
• Obtain or attempt to access any content or information through any means not intentionally made available or provided for through the Service;
• Circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections or geographic restrictions on any content available on or through the Service; or
• Engage in or use any data mining, robots, spiders, scraping, or similar data gathering or extraction methods.

If you are blocked by Bond Health from accessing the Service, you agree not to implement any measures to circumvent such blocking. You additionally agree not to (1) work around, bypass, or circumvent any of the technical limitations of the Service, (2) use any tool to enable features or functionalities that are otherwise disabled in the Service, or (3) decompile, disassemble or otherwise reverse engineer the Service.

6. Your Responsibilities

You acknowledge and agree to provide public-facing, accurate and compliant contact information, a refund policy, consents to telehealth, and order fulfillment timelines on any and all of your Sites.

You acknowledge and agree that the Service is not a pharmacy or healthcare provider, and any contract of sale made through the Service is directly between you and the customer. You are the seller of record for all items you sell through the Service. You are responsible for the creation and operation of your Site, your User Content, the goods and services that you may sell through the Service, and all aspects of the transactions between you and your customers. This includes, but is not limited to, authorizing the charge to the customer in respect of the customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, and alleged or actual violation of applicable laws.

You represent and warrant that your Site, your User Content and the goods and services you sell through the Service will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties. Bond Health is not a marketplace. Any contract made through the Service is directly between you and the healthcare providers or pharmacy fulfillment network.

Which means: You are responsible for providing accurate public information, refund policies, telehealth consents, and order timelines on your site. Bond Health is not a pharmacy or healthcare provider, and any sales made through the platform are strictly between you and your customers. You must manage your site, content, and transactions including legal compliance, customer service, and product accuracy.

6.1 Competitors; No Exclusivity

No employee, independent contractor, agent, or affiliate of any competing company providing a software platform to allow the establishment of telehealth and pharmacy fulfillment businesses is permitted to view, access, or use any portion of the Service without express written permission from Bond Health. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Bond Health or any of its affiliates, or acting on behalf of a competitor of Bond Health in using or accessing the Service. Bond Health reserves the right to offer the Service to your competitors and makes no representations, warranties or promises that the Service is offered to you on an exclusive basis.

6.2 Fees

To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Bond Health that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with Bond Health or the payment processor, as applicable, of any changes that may occur.

You agree to pay Bond Health the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms (“Subscription Fees”), and any other applicable fees, including but not limited to, fees relating to Pharmacy Costs, Visit Costs and Fees, Shipping Costs and Fees, Dispense Costs and Fees, and Transaction Costs and Fees (all such fees, collectively with the Subscription Fees, the “Fees”). Bond Health will continue to charge your authorized payment method for Fees until your use of the Service is terminated and any and all outstanding Fees have been paid in full.

If you dispute any charges you must let Bond Health know within sixty (60) days after the date that Bond Health charges you, or within such longer period of time as may be required under applicable law. We reserve the right to change Bond Health’s prices. If Bond Health does change prices, Bond Health will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. Unless otherwise indicated, all Fees and other charges are in U.S. Dollars, and all payments will be in U.S. currency.

6.3 Taxes

All Fees are exclusive of applicable federal, provincial, state, local, or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). You will be responsible for all Taxes associated with the Service, other than Taxes based on Bond Health’s net income. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. You are solely responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges, and additional charges that arise from or as a result of any transactions on your Account or your use of the Service.

6.4 Payment Processing

To facilitate certain payments for the Service via bank account, credit card, or debit card, Bond Health may use third-party payment processors. To the extent Bond Health uses any third-party payment processors, the payment processing services are subject to the applicable payment processor’s terms and conditions, privacy policy, and all other relevant agreements (the “Payment Processor Agreements”). Bond Health assumes no liability or responsibility for any payments you make through the Service.

If Bond Health is not able to process payment of Fees using an authorized payment method, Bond Health may make subsequent attempts to process payment. If Bond Health is unable to successfully process payment of Fees using an authorized payment method within 28 days of Bond Health’s initial attempt, Bond Health may suspend and revoke access to your Account and the Service. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Bond Health reserves the right to terminate your Account.

6.5 Refunds and Cancellations

Payments made by you hereunder are final and non-refundable, unless otherwise determined by Bond Health. You may cancel your Account and terminate your access to the Service at any time by contacting Bond Health customer support at accounts@bond.health and following the specific instructions indicated to you in Bond Health’s response.

6.6 No Personal Use

Unless otherwise expressly authorized herein or in the Service, you agree that you will not use the Service for any personal, household, or family purpose and you will use the Service solely for carrying on a business activity.

7. Bond Health App, Mobile Services and Software

Which means: The Bond Health App lets you connect with customers. You must follow Bond Health’s guidelines, terms, and applicable laws when using the app. Mobile access to the service is available, but standard carrier fees may apply. The software behind the service belongs to Bond Health and its partners, and you’re not allowed to copy, modify, or reverse-engineer it. If you use the service outside the U.S., you must follow your local laws and U.S. export rules.

7.1 Bond Health App

The Bond Health App is a Bond Health application that is available to you to engage with customers (each, a “Bond Health App User”). The Bond Health App is deemed to be a part of the Service, and all terms applicable to the Service apply to the use of the Bond Health App. Your User Content and your use of the Bond Health App must comply at all times with our Bond Health App Merchant Guidelines, these Terms, any Third-Party Service’s additional terms, all other applicable policies and guidelines, and applicable law. If you do not wish for your User Content to be available in the Bond Health App, it is your responsibility to manage or deactivate the Bond Health App. If you delete your Account, your User Content will be removed from the Bond Health App.

7.2 Mobile Services

The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Sites from a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

7.3 Ownership; Restrictions

The technology and software underlying the Service or distributed in connection therewith are the property of Bond Health, its affiliates, and its licensors (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Bond Health.

7.4 Special Notice for International Use; Export Controls

Bond Health is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading, accessing or using the Software or Service is at your sole risk.

8. Intellectual Property Rights

Which means: Bond Health’s service includes content that is legally protected, and you’re not allowed to copy, modify, or use it without permission. Bond Health’s name, logos, and slogans are its trademarks. You own your own content but grant Bond Health a broad license to use it to operate and improve the service. Any feedback or ideas you share with Bond Health can be used freely by Bond Health without credit or payment.

8.1 Service Content

You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Bond Health, you agree not to reproduce, duplicate, modify, copy, frame, scrape, rent, lease, loan, sell, resell, distribute, exploit, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you upload to or make available through the Service in accordance with these Terms.

8.2 Trademarks

The Bond Health name, slogans and logos are trademarks and service marks of Bond Health (collectively the “Bond Health Trademarks”). Other company, product, and service names, slogans and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Bond Health. Nothing in these Terms or the Service should be construed as granting any license or right to use any of the Bond Health Trademarks displayed on the Service, without Bond Health’s prior written permission in each instance. You grant to Bond Health a non-exclusive, transferable, sublicensable, royalty-free, fully-paid up, worldwide right and license to use the trade names, trademarks, service marks, and logos associated with your Account in connection with the operation, promotion, advertising or marketing of the Service.

8.3 Third-Party Material

Under no circumstances will Bond Health be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Bond Health does not pre-screen content, but that Bond Health and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service that violates these Terms or is deemed objectionable.

8.4 User Content

You represent and warrant that you own all right, title and interest in and to the User Content, including all copyrights and rights of publicity contained therein. You hereby grant Bond Health and its affiliates, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to copy, host, display, upload, perform, distribute, store, modify, and otherwise use your User Content in any form, medium or technology now known or later developed, (a) in connection with the operation of the Service, (b) to develop and improve the Service and other Bond Health offerings, (c) for the promotion, advertising or marketing of the foregoing; and (d) as otherwise set forth in our Privacy Policy. You assume all risk associated with your User Content and have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

You hereby authorize Bond Health and its third-party service providers to collect and analyze User Content and other data and information relating to the Service and related systems and technologies and derive statistical and usage data relating thereto (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Bond Health are non-confidential and Bond Health will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

8.5 Copyright Complaints

Bond Health respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Bond Health of your infringement claim in accordance with the procedure set forth below.

Bond Health will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Bond Health’s Copyright Agent at copyright@bond.health (Subject line: “DMCA Takedown Request”).

To be effective, the notification must be in writing and contain the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
• Identification of the copyrighted work or other intellectual property that you claim has been infringed;
• Identification of the content that is claimed to be infringing and where it is located on the Service, with enough detail that we may find it;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
• A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on behalf of the owner.

8.6 Counter-Notice

If you believe that your User Content that was removed is not infringing, or that you have authorization from the copyright owner to upload and use the content, you may send a written counter-notice to the Copyright Agent containing: your physical or electronic signature; identification of the content that has been removed or to which access was disabled; a statement under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification; and your name, address, telephone number, and email address, along with a statement that you consent to the jurisdiction of the federal court in the relevant jurisdiction and that you will accept service of process from the person who provided notification of the alleged infringement.

8.7 Repeat Infringer Policy

In accordance with the DMCA and other applicable law, Bond Health has adopted a policy of terminating, in appropriate circumstances and at Bond Health’s sole discretion, the Accounts of users who are deemed to be repeat infringers. Bond Health may also at its sole discretion limit access to the Service and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

9. Third-Party Services and Websites

The Service, including the Bond Health App, may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate Accounts to use Third-Party Services. It is your responsibility to read any such terms and conditions, privacy policies, and/or other agreements applicable to such Third-Party Services before using them.

Any use by you of any such Third-Party Services, including connections to healthcare providers and pharmacy fulfillment networks, is entirely at your own risk and discretion. Bond Health is not responsible for any disclosure, modification, or deletion of your data or other materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third-Party Service to your data or other materials. Bond Health has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services.

Bond Health enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement, authorization, sponsorship, recommendation, or affiliation by or with Bond Health. Any dealings you have with third parties while using the Service are between you and the third party. You agree to indemnify and hold Bond Health and its parents, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third-Party Service.

10. Bond Health Email and SMS

10.1 Your Use of the Email Services

You may generate or send email from your Account using the Bond Health email services (the “Email Services”). Bond Health employs certain controls to scan the content of emails you deliver using the Email Services prior to delivery (“Content Scanning”). Such Content Scanning is intended to limit spam, phishing, or other malicious content that contravenes these Terms or Bond Health’s Acceptable Use Policy. By using the Email Services, you explicitly grant Bond Health the right to employ such Content Scanning.

Your use of the Email Services must comply with all applicable laws, including laws relating to spam or unsolicited commercial email (“UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, homeland security, gambling, child protection, and other applicable laws. You must also comply with Bond Health’s Privacy Policy. Additionally:

• You must not use non-permission-based email lists where each recipient has not explicitly granted permission to receive emails from you;
• You must not use purchased or rented email lists;
• You must not use third-party email addresses, domain names, or mail servers without proper permission;
• You must not send emails to non-specific addresses (e.g., webmaster@domain.com or info@domain.com);
• You must include a working “unsubscribe” link in each email and must comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request;
• You must include in each email a link to the then-current privacy policy applicable to that email;
• You must not disguise the origin or subject matter of any email or falsify or manipulate the originating email address, subject line, headers, or transmission path information;
• You must include in each email your valid physical mailing address or a link to that information; and
• You must not include “junk mail,” “chain letters,” “pyramid schemes,” incentives, or other material in any email that encourages a recipient to forward the email to another recipient.

10.2 Your Use of the SMS Services

The Service also allows you to send certain communications to your customers via short message service (SMS) messaging (the “SMS Services”). You will only use the SMS Services in compliance with these Terms, any other applicable terms, and the laws of the jurisdiction from which you send messages and in which your messages are received. You are responsible for obtaining and maintaining documented prior express consent from every recipient before sending them a message, and for honoring every opt-out request you receive.

10.3 Bond Health SMS Program (Messages We Send to You)

This subsection describes the text message program operated by Bond Health and applies to text messages Bond Health sends to you. It does not apply to messages our Customers send using the SMS Services described in Section 10.2.

Program description

Bond Health sends transactional healthcare notifications by text message. Messages may include prescription and order status updates, appointment reminders, reminders to complete an outstanding health questionnaire, and account, security, or verification notifications including one-time passcodes. Bond Health does not send marketing or promotional text messages on this program.

How you opt in

You will only receive text messages from Bond Health if you have given prior express consent. Consent is collected in person: at registration, clinic staff ask whether you agree to receive text message updates about your care, tell you the types of messages you will receive, and record your answer in your patient record together with the date, your mobile number, and the name of the staff member who collected it. Bond Health does not add anyone to this program who has not given consent this way.

Consent to receive text messages is not a condition of receiving care or of purchasing any product or service. You must be 18 years of age or older to enroll.

Frequency, rates, and carriers

Message frequency varies and depends on your activity, such as the number of prescription requests or appointments you have. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

How to opt out and get help

You may cancel at any time by replying STOP to any message. After you send STOP, we will send a single confirmation message and you will receive no further messages. To rejoin, sign up again as described above or reply START. For help, reply HELP or email support@bond.health. For medical questions, contact your care provider directly.

Your privacy

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Mobile opt-in data and consent are never sold, rented, or shared with any third party for marketing. See Section 12 of our Privacy Policy for full details on how we handle mobile information.

11. Beta Services

From time to time, Bond Health may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all users (“Beta Services”). Beta Services are not part of the Service, and Beta Services may be subject to additional terms and conditions. Such Beta Services and all associated conversations and materials relating thereto will be considered Bond Health Confidential Information. Without limiting the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Bond Health’s prior written consent.

Bond Health makes no representations or warranties that the Beta Services will function. Bond Health may discontinue the Beta Services at any time in its sole discretion. Bond Health will have no liability for any harm or damage arising out of or in connection with a Beta Service.

12. Bond Health Pixel Manager

Bond Health allows you to add pixels to your Bond Health platform to enable you or a third party to track customer events (the “Bond Health Pixel Manager”). You may manage your pixels from within the user interface in the administrative console of your Bond Health platform. In addition to the terms applicable to your use of the Service generally, the following terms apply to your access to and use of the Bond Health Pixel Manager:

• You will comply with all applicable laws and obtain all necessary consents from every site visitor and customer whose events you track;
• If you provide Bond Health with any data collected using pixels, including names, email addresses, phone numbers, or other data that personally identifies an individual, you will obtain all necessary rights and consents prior to providing Bond Health with the foregoing information;
• You agree that Bond Health may disable any pixels that Bond Health identifies as malicious, in Bond Health’s sole discretion; and
• You will not, and will not allow any third parties to, use pixels to engage in or promote any unlawful, infringing, defamatory or otherwise harmful activity; or to disable, interfere with or circumvent any aspect of the Service.

It is solely your responsibility to use pixels in compliance with all applicable laws, including but not limited to HIPAA, and Bond Health will have no liability to you or any third party for any use by you of any pixels.

13. Confidentiality

“Confidential Information” means any information or data, regardless of whether it is in tangible form, disclosed by Bond Health or you (in each case, the “Disclosing Party”) to the other party (the “Receiving Party”) that the Disclosing Party has either marked as confidential or proprietary, or has identified in writing as confidential or proprietary within thirty (30) calendar days of disclosure to the Receiving Party; provided, however, that information regarding a Disclosing Party’s business, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, products and services, product designs, sales, costs (including any relevant processing fees), price lists, marketing data, business relationships and financial affairs will be deemed Confidential Information of the Disclosing Party even if not so marked or identified. Bond Health’s Confidential Information includes all information you receive relating to Bond Health or the Service that is not known to the general public, including information regarding Bond Health’s security program and practices.

Information will not be deemed “Confidential Information” if such information: (a) is known to the Receiving Party prior to receipt from the Disclosing Party; (b) becomes known to the Receiving Party from a source other than one having an obligation of confidentiality to the Disclosing Party; (c) becomes publicly known or ceases to be secret or confidential, except through a breach of this Agreement by the Receiving Party; or (d) is independently developed by the Receiving Party.

The Receiving Party agrees to keep in strict confidence and not disclose to any third party any and all Confidential Information of the Disclosing Party; provided, that the Receiving Party may disclose such Confidential Information to its employees, consultants, professional advisors and agents who have a need to know such information and have signed a written agreement containing confidentiality and non-use obligations at least as stringent as set forth herein. The Receiving Party will cooperate with the Disclosing Party and use reasonable measures to prevent the unauthorized disclosure or use of any and all Confidential Information of the Disclosing Party.

14. Indemnification

To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Bond Health, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Bond Health Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms, or your violation of any rights of another. Bond Health will provide notice to you of any such claim, suit, or proceeding. Bond Health reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Bond Health’s defense of such matter. You may not settle or compromise any claim against any Bond Health Party without Bond Health’s written consent.

15. Disclaimer of Warranties

16. Limitation of Liability

17. Dispute Resolution By Binding Arbitration

17.1 Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Bond Health, whether arising out of or relating to these Terms (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by entering into these Terms, you and Bond Health are each waiving the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

17.2 Prohibition of Class and Representative Actions and Non-Individualized Relief

17.3 Pre-Arbitration Dispute Resolution

Bond Health is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at care@bond.health. If such efforts prove unsuccessful, either party can seek arbitration. During the arbitration, the amount of any settlement offer made by Bond Health or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Bond Health is entitled.

17.4 Arbitration Procedures

Arbitration proceedings will take place before a neutral single arbitrator, whose decision will be final. The arbitration proceedings will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures then in effect. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All parties undertake to keep confidential all awards in their arbitration, together with all materials in the proceedings created for the purpose of the arbitration and all other documents produced by another party in the proceedings not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right, or to enforce or challenge an award in legal proceedings.

17.5 Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Bond Health or you under the JAMS Rules, Bond Health and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Bond Health will pay your portion of such fees.

17.6 Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

17.7 Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Section 17.2 above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 17.2 are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void. The remainder of these Terms will continue to apply.

17.8 Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, Bond Health agrees that if it makes any future change to this Arbitration Agreement while you are a user of the Service, you may reject any such change by sending Bond Health written notice within thirty (30) calendar days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms.

18. Termination

You may cancel your Account as described above. You agree that Bond Health, in its sole discretion, may suspend or terminate your Account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Bond Health believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities.

Upon the issuance of a notice of termination, either by you or by Bond Health, all funds in your Account will be held for a period of up to 75 days from the date of such notice. This holding period is to ensure the proper settlement of all pending payments, fees, and other financial obligations associated with your use of the Service. At the end of the 75 day holding period, a final accounting will be performed. You will be provided with a detailed statement outlining any deductions made from the held funds for outstanding obligations and the net amount, if any, that will be disbursed to you.

Bond Health reserves the right to charge you, as liquidated damages and not as a penalty, $2,500 for each violation of these Terms, as determined by Bond Health based on a thorough review of your conduct and compliance with these Terms. Any disputes regarding these amounts will be addressed through the established dispute resolution procedures.

18.1 Patient Continuity of Care

You and the healthcare providers you partner with are responsible for patient continuity of care. Therefore, you are responsible for ensuring that any termination of your Account hereunder does not disrupt care for your patients. Upon termination of your Account, Bond Health will assist you by facilitating any transfer of patients under your care to a holding account or to a partner account you designate. Bond Health will cooperate with your continuity of care process, as follows:

• Transfer: Bond Health will coordinate with the receiving entity to help ensure a smooth transition.
• Communication: Bond Health will assist in providing your transfer notices to affected patients and provide them with necessary information about the new care provider.
• Rights and Obligations: This transfer does not waive any rights or obligations that arose prior to the date of termination. You will still be responsible for any outstanding balances or fees owed to Bond Health, and all other terms of the Service termination will apply as stated in these Terms.

19. User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Bond Health will have no liability or responsibility with respect thereto. Bond Health reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

20. General

These Terms constitute the entire agreement between you and Bond Health governing your access and use of the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Bond Health submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County in the State of New York.

The failure of Bond Health to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You may not assign these Terms without the prior written consent of Bond Health, but Bond Health may assign or transfer these Terms, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. Bond Health will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Bond Health’s reasonable control.

21. U.S. Government Restricted Rights

The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).

22. Questions? Concerns? Suggestions?

Please contact us at care@bond.health to report any violations of these Terms or to pose any questions regarding these Terms or the Service.