Terms of Service

1. Acceptance of Terms

By accessing or using RxION's services, website, or mobile applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

These Terms constitute a legally binding agreement between you and RxION Health, Inc. ("RxION," "we," "us," or "our").

2. Description of Services

RxION provides telehealth services connecting patients with licensed healthcare providers for weight management treatment. Our Services include:

• Online medical consultations
• Prescription medication services (when medically appropriate)
• Medication delivery coordination
• Ongoing medical support and monitoring
• Educational health resources

3. Eligibility Requirements

To use our Services, you must:

• Be at least 18 years of age
• Be a resident of a U.S. state where we operate
• Provide accurate and complete information
• Have a valid form of payment
• Not be pregnant or breastfeeding
• Meet medical eligibility criteria as determined by our providers

We reserve the right to refuse service to anyone who does not meet these requirements or for any other reason at our sole discretion.

4. Medical Services and Disclaimers

Not Emergency Services

RxION is NOT for medical emergencies. If you are experiencing a medical emergency, call 911 immediately or go to your nearest emergency room.

Healthcare Provider Relationship

The healthcare providers available through our platform are independent contractors. RxION facilitates the connection but does not practice medicine or provide medical advice directly.

No Guarantee of Prescription

Payment for consultation does not guarantee a prescription. Prescriptions are issued solely at the discretion of the healthcare provider based on medical appropriateness.

5. Account Registration and Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Providing accurate and current information
• Updating your information as necessary

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

6. Payment Terms

Fees and Charges

By using our Services, you agree to pay all applicable fees, including consultation fees, medication costs, and any recurring subscription charges.

Recurring Billing

For subscription services, you authorize us to charge your payment method on a recurring basis until you cancel. You may cancel at any time through your account settings.

Refund Policy

Refunds are subject to our Refund Policy. Consultation fees are generally non-refundable once services are rendered, and medications cannot be returned once shipped due to federal regulations.

7. Prohibited Uses

You agree not to:

• Use the Services for any unlawful purpose
• Share or resell medications prescribed to you
• Provide false or misleading information
• Impersonate another person
• Interfere with or disrupt the Services
• Attempt to gain unauthorized access to our systems
• Use the Services to harm minors in any way
• Violate any applicable laws or regulations

8. Intellectual Property

All content on our platform, including text, graphics, logos, images, and software, is the property of RxION or its licensors and is protected by intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from any content without our express written permission.

9. Privacy and Data Protection

Your use of our Services is subject to our Privacy Policy and HIPAA Notice of Privacy Practices. By using our Services, you consent to our collection and use of your information as described in those policies.

10. Disclaimers and Limitation of Liability

No Warranties

The Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied.

Limitation of Liability

To the maximum extent permitted by law, RxION shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or loss of profits or revenues.

Medical Outcomes

We do not guarantee any specific medical outcomes or weight loss results. Individual results may vary.

11. Indemnification

You agree to indemnify and hold harmless RxION, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Services or violation of these Terms.

12. Dispute Resolution and Arbitration

Mandatory Arbitration

Any disputes arising from these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Class Action Waiver

You waive any right to participate in a class action lawsuit or class-wide arbitration against RxION.

13. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law provisions. Any legal action must be brought in Miami-Dade County, Florida.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be posted on our website. Continued use of the Services after changes constitutes acceptance of the modified Terms.

15. Termination

We may terminate or suspend your access to the Services at any time, with or without cause or notice. Upon termination, your right to use the Services will immediately cease.

16. Contact Information

For questions regarding these Terms of Service, please contact us.

17. Mobile Messaging Terms

These Mobile Messaging Terms apply to RxION's SMS/text messaging service (the "Service") and supplement the rest of these Terms of Service. By opting in to the Service, you agree to these Mobile Messaging Terms.

Program Description

The RxION mobile message service is operated by RxION ("RxION," "we," or "us"). Your use of the Service constitutes your agreement to these Mobile Messaging Terms. We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time, and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

Consent to Receive Messages

By consenting to RxION's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of RxION through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.

Service-related messages may include updates, alerts, and information such as order updates, account alerts, appointment reminders, and prescription updates. Promotional messages may include promotions, specials, and other marketing offers, including cart reminders.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with RxION. Your participation in this program is completely voluntary.

Message Frequency, Cost, and Carriers

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages.

Opting Out

You may opt out of the Service at any time. Text the single keyword command STOP to +1 (833) 918-7895 or click the unsubscribe link (where available) in any text message to cancel. You will receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you.

If you have subscribed to other RxION mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

Help and Support

For Service support or assistance, text HELP to +1 (833) 918-7895 or email contact@rxion.com.

Changes to the Service

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received, and we will not be responsible for honoring requests made in such messages.

Mobile Number Changes

You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

Disclaimer of Liability

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Privacy

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy, including Section 6 (Text Message (SMS) Communications).