Introduction

Welcome to Hard Health. These Terms of Service (“Terms” or “Agreement”) establish the rules and conditions governing your use of our website, products, and services. By accessing or using Hard Health, you confirm that you have read, understood, and agreed to comply with these Terms, forming a legally binding contract between you and Hard Health (“Company,” “we,” “us,” or “our”).

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE IN SECTION 20, REQUIRING INDIVIDUAL ARBITRATION TO RESOLVE DISPUTES INSTEAD OF JURY TRIALS OR CLASS ACTION LAWSUITS. This Agreement applies to your use of the Hard Health website, available at https://hard.health/, along with our affiliated mobile applications, online services, communication platforms (including email, phone, and social media), and any related offerings (collectively, the “Services”). Any additional terms provided through our website or other communications are incorporated into this Agreement by reference.

Our website may display or facilitate access to healthcare-related products and services provided by third-party vendors (“Third-Party Materials”). Hard Health does not practice medicine or provide healthcare services and assumes no responsibility for the accuracy, quality, or outcomes of third-party offerings.

Age Restriction: To use our Services, you must be at least eighteen (18) years old or the legal age of majority in your jurisdiction. Individuals under 18 are strictly prohibited from using or accessing the website. If we determine that a minor has accessed our Services, we reserve the right to take immediate action, including terminating accounts and restricting access. If you believe an underage individual has improperly accessed our Services, please contact us at customerservice@hard.heath .

1. Modifications to Terms and Services

Hard Health reserves the right to revise, amend, or update these Terms at any time. Any modifications will become effective immediately upon being posted on our website or through other reasonable means of communication. Changes will not be applied retroactively to disputes that arose before the modifications were implemented.

Your continued use of our Services after such updates constitutes acceptance of the revised Terms. The “Last Updated” section at the top of this Agreement reflects the most recent modifications.

Additionally, we may, at our discretion and without prior notice, alter, suspend, or discontinue any aspect of our Services, including but not limited to:

• Modifying access conditions for any user or group of users
• Changing pricing structures, fees, or payment terms
• Introducing, removing, or adjusting features and functionalities

Hard Health assumes no liability for any modifications, interruptions, or discontinuation of any portion of the Services. It is your responsibility to periodically review the Terms to stay informed of any changes.

2. Eligibility, Access, and Compliance with Laws

BY USING THIS WEBSITE OR OUR SERVICES, YOU CONFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION. INDIVIDUALS UNDER THE AGE OF 18 ARE STRICTLY PROHIBITED FROM ACCESSING OR UTILIZING OUR PLATFORM IN ANY CAPACITY. IF YOUR STATE OR JURISDICTION IMPOSES A HIGHER MINIMUM AGE REQUIREMENT FOR TELEHEALTH SERVICES, YOU MAY ONLY USE HARD HEALTH’S PLATFORM IF YOU MEET THAT SPECIFIC REQUIREMENT

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If we determine that a minor or an ineligible individual has accessed or used our Services, we reserve the right to take immediate action, including but not limited to account termination, revocation of access, and reporting violations to relevant authorities. If you become aware of unauthorized access by a minor, please notify us promptly at customerservice@hard.heath .

Additionally, you affirm that all information you provide through the Website or Services is accurate, complete, and up to date. You agree to maintain and update this information as necessary to ensure continued accuracy.

Our Website and Services are controlled and operated from the United States. Hard Health does not guarantee that its platform is appropriate or legally available for use outside of the U.S. If you choose to access the Website from a different jurisdiction, you do so at your own risk and are responsible for complying with all applicable local, state, national, and international laws, regulations, and restrictions.

We reserve the right to limit, suspend, or restrict access to our Website or Services at any time, in any location, or jurisdiction, as we see fit.

3. Program Terms

By joining in the Hard Health prescription refill program (“Refill Program” or “Program”), you agree to the terms outlined below. Your participation remains active until canceled, and we reserve the right to terminate or suspend your participation at our sole discretion, with or without notice. Each customer is permitted only one active presciption refill account. Charges for your prescription refill will appear on your payment method statement as “Hard Health.”

Billing & Payments

• Upon your first prescription fulfillment, the payment method you provide will be automatically charged according to your selected duration.
• Charges will be processed on the same date each cycle as your initial prescription fulfillment unless modified in your account settings.
• It is your responsibility to maintain accurate and up-to-date billing details. Any failed or declined payment may result in a temporary suspension or cancellation of your prescription refill.
• We may place a pre-authorization charge on your credit card to confirm its validity and ensure available funds for your upcoming payment.

Cancellation Policy

• You may cancel your prescription refills at any time by logging into your account and navigating to the subscription settings under your account profile.
• To avoid being charged for an upcoming refill, you must complete the cancellation process before your next billing date. Once a charge has been processed, it is non-refundable.

Refunds & Returns

• Due to legal restrictions, prescription medications and customized healthcare products are non-returnable and non-refundable.
• Once a prescription has been approved and processed by our partner pharmacy, it cannot be reversed or modified.
• Hard Health does not offer refunds for shipped medications, even if they are unused. If you have concerns about your prescription, please contact our support team.

Price Adjustments & Promotions

• Hard Health reserves the right to modify pricing at any time. Any price adjustments will be communicated in advance, and your continued use of the subscription constitutes acceptance of the new pricing.
• Promotional offers may be provided at our discretion, with different pricing or features available to select users. These offers are non-transferable and may not apply to all subscribers.
• Discounts, coupons, and promotional pricing cannot be retroactively applied to past or existing subscriptions.

Prohibited Resale & Unauthorized Purchases

• Products purchased through our subscription service are strictly for personal use and may not be resold, redistributed, or transferred to third parties.
• If we determine that a customer is engaging in resale or unauthorized distribution, we reserve the right to terminate their subscription, cancel orders, and take further action as necessary.

Shipping & Delivery

• Medications are fulfilled and shipped by our partner pharmacies via USPS First Class Mail. Standard delivery times are 3-5 business days after processing.
• Once your order has shipped, you will receive an email notification with a tracking number. Hard Health is not responsible for delivery delays caused by postal services.
• Risk of loss and ownership of products transfer to the customer upon delivery to the carrier. If your shipment is lost or damaged, please contact the carrier to file a claim.

Billing & Payments

For any refill-related inquiries, billing concerns, or cancellation requests, please contact customerservice@hard.heath .

4. Communications & Notifications

By using our Services, you agree to receive communications from Hard Health via email, text messages (SMS), voice calls, and push notifications (“Communications”). These messages may be sent to the contact details associated with your account, including your provided email address and phone number. Communications may be transmitted using automated dialing systems or other automated technology.

Types of Communications You May Receive

Hard Health and its affiliates may send Communications, including but not limited to:

• Account-Related Updates: Notices regarding your account status, login activity, security alerts, and required actions.
• Transaction & Payment Notifications: Updates related to order processing, shipping details, billing status, subscription renewals, and failed payment attempts.
• Provider Messages & Prescription Updates: Information regarding medical consultations, prescription fulfillment, treatment plans, or messages from healthcare professionals.
• Promotional & Marketing Content: Updates about new and existing products, promotional offers, discounts, and other marketing materials.
• Regulatory & Legal Notices: Compliance-related updates, modifications to terms and policies, or any legally required disclosures.

Standard Carrier Charges & Consent

Standard text messaging and data rates charged by your mobile service provider may apply to SMS and voice call Communications. Consent to receive Communications from Hard Health is not a condition of any purchase.

Opting Out of Communications

You have the right to manage your communication preferences:

• To unsubscribe from promotional emails, click the “unsubscribe” link at the bottom of any promotional email.
• To stop receiving text messages, reply “STOP” to any SMS you receive from us.
• Opting out of all text messages, including account-related and transactional texts, may impact your ability to use certain features of our Services.

Even if you opt out of promotional messages, you may still receive essential account-related notifications such as order confirmations, security alerts, and legally required notices.

Security & Privacy Considerations

• Hard Health will never send Communications containing your payment information, medical records, or any sensitive personal data. However, messages may include details relevant to your prescriptions or healthcare services.
• You are responsible for ensuring that your registered email address and phone number remain secure. If you suspect unauthorized access, promptly update your contact details and notify Hard Health.

Acknowledgments & Disclosures

By using our Website and Services, you acknowledge and agree to the following:

• Hard Health is not a healthcare provider. Our platform facilitates consultations with U.S.-licensed medical professionals, but we do not directly provide medical treatment, prescribe medications, or offer medical advice.
• Scope of Telehealth Services: Telehealth consultations available through Hard Health are intended to support specific diagnoses and treatment plans but should not replace in-person medical evaluations for broader health concerns.
• Not a Substitute for Emergency Care: Hard Health’s Website and Services are not intended for use in medical emergencies. If you experience a health crisis, call 911 or seek immediate medical attention from a qualified healthcare provider.
• Medication & Ingredient Responsibility: Hard Health does not independently verify the inactive or base ingredients of any prescription medications or healthcare products offered through our platform. You are responsible for reviewing product details and consulting a healthcare provider if you have allergies or sensitivities.

For further assistance regarding Communications or any concerns related to our messaging practices, contact us at customerservice@hard.heath .

5. Rules of Conduct

To maintain the integrity, security, and proper functioning of Hard Health’s platform, all users must adhere to the following rules of conduct while using our Website, Services, and Products. Failure to comply may result in immediate account suspension or termination.

Prohibited Conduct

Users may not engage in any of the following activities:

1. Unauthorized Communication with Healthcare Professionals

• You are prohibited from directly contacting or attempting to contact any healthcare professional affiliated with Hard Health outside of the platform. All medical communications must be conducted through the designated website interface to maintain privacy, professionalism, and a controlled healthcare environment.

2. Posting or Transmitting Harmful or Objectionable Content

Do not post, distribute, or share any content that:

• Is defamatory, false, misleading, or fraudulent.
• Contains offensive, harassing, threatening, abusive, hateful, discriminatory, or degrading language.
• Violates the privacy, publicity, intellectual property, or proprietary rights of others.
• Is obscene, indecent, pornographic, sexually explicit, or otherwise inappropriate.

3. Distribution of Malicious Software

• Users may not upload, transmit, or distribute any software, file, or code that contains malware, spyware, viruses, worms, Trojan horses, logic bombs, or any other harmful or invasive elements designed to interfere with, disrupt, or damage the Website, Services, or any user’s data or devices.

4. Spam, Fraud, and Unsolicited Communications

Users may not:

• Send unsolicited advertising, promotional materials, bulk emails (SPAM), chain letters, pyramid schemes, or other forms of solicitations.
• Engage in fraudulent activity, including phishing, impersonation, identity theft, or false representations.
• Use automated systems, bots, or scripts to send messages or engage with the Website.

5. Impersonation and False Identity

• You may not create false identities, impersonate another person, misrepresent your affiliation with any individual or entity, or otherwise falsify any information you provide.

6. Unauthorized Data Collection and Website Scraping

• Users are prohibited from collecting, harvesting, or scraping data from the Website, including personal information of other users, through automated or manual means without explicit written permission from Hard Health.

7. Tampering with Website Functionality

You may not interfere with, disrupt, or attempt to bypass any security measures, access controls, or other protections implemented within the Website. Prohibited activities include:

• Hacking or attempting to gain unauthorized access to Hard Health’s systems, user accounts, or data.
• Engaging in denial-of-service (DoS) attacks or any activity designed to overload or impair Website performance.
• Reverse engineering, decompiling, or disassembling any portion of the Website’s code.

8. Infringement of Intellectual Property Rights

• Users may not infringe upon, reproduce, modify, adapt, distribute, sell, lease, or commercially exploit any part of Hard Health’s Website or Services without express written consent.
• Removal, alteration, or obscuring of copyright, trademark, or proprietary notices from Hard Health’s Website content is strictly prohibited.

9. Restricted Use of Website Content

Unless specifically approved in writing by Hard Health, you may not:

• Frame, mirror, or embed Hard Health content into another website without authorization.
• Systematically download, store, or reproduce Website content for unauthorized purposes.
• Use any robot, scraper, crawler, or automated tool to extract or mine Website data.

10. Engagement in Unlawful or Prohibited Activities

• Users must not use the Website, Services, or Products for any illegal, unauthorized, or prohibited purposes. This includes, but is not limited to, violating any applicable laws, regulations, or policies related to healthcare, data protection, or commerce.

User Responsibilities and Reporting Violations

• Users must immediately report any suspected security vulnerabilities, errors, or unauthorized access attempts related to the Website.
• If you become aware of content or activities that violate these Terms, you are encouraged to notify Hard Health so that appropriate action can be taken.

Enforcement and Consequences

Hard Health reserves the right to investigate suspected violations, restrict access, and take necessary corrective actions at its sole discretion.

Users who violate these rules may face consequences including but not limited to:

• Temporary or permanent suspension of account access.
• Cancellation of pending orders or subscriptions.
• Reporting of unlawful activities to relevant law enforcement authorities.

By using Hard Health’s Website and Services, you acknowledge and agree to comply with these Rules of Conduct. Violations may result in immediate account termination and legal action where necessary.

6. Products

The Website may provide access to a variety of goods and services, including descriptions, images, promotional discounts, coupons, and trial offers (collectively referred to as “Products”). References and links to Products may also be featured. The availability of any Product, including discounts or promotional offers, is subject to modification or discontinuation at any time without prior notice.

Certain Product descriptions, such as weights, measurements, and other specifications, are approximate and provided solely for convenience. Hard Health does not guarantee their absolute accuracy.

You are solely responsible for understanding and complying with all relevant local, state, federal, and international laws, including age restrictions, that govern the purchase, possession, and use of any Product. Hard Health reserves the right to modify eligibility criteria, impose limitations on promotional offers, and restrict initial offers exclusively to new subscribers.

7. Transactions

We may offer the ability to (i) communicate with a healthcare provider and (ii) purchase or obtain certain Products through the Website, including goods and services (collectively referred to as a “Transaction”). If you engage in a Transaction, you may be required to provide information such as your credit card number, expiration date, billing address, and shipping details. By submitting this information, you confirm that you have the legal authority to use the provided payment method.

By completing a Transaction, you authorize Hard Health to process charges using the payment details you provided and allow us to share this information with third-party payment processors to facilitate Transactions. We may require additional verification before processing or completing any order. If your payment method is declined or your account fees become overdue, we reserve the right to collect outstanding payments through other methods, including charging alternative payment sources on file or employing third-party collection agencies and legal counsel.

When making a Transaction, you agree that all Products will be used only for lawful purposes and in compliance with all applicable regulations. Hard Health reserves the right to modify Transaction types, impose service fees, or introduce charges for healthcare provider consultations. Subscription-based purchases will adhere to the specific terms outlined in our Subscription Program.

Limitations and Restrictions

Hard Health may, at its discretion and without prior notice, impose limitations on Product availability, discontinue specific offerings, modify promotional discounts, or refuse Transactions for any reason, including suspected misuse, fraud, or violations of these Terms. Refunds and exchanges will be processed in accordance with our refund and exchange policies, which may vary depending on the nature of the Product or service.

You agree to pay all charges incurred under your account at the prices effective at the time of the Transaction, including applicable shipping, handling, and taxes. While we typically send order confirmations via email, receipt of a confirmation does not constitute acceptance of an order or a binding commitment to fulfill a purchase.

Shipping & Delivery

Products will be shipped to the address you provide, as long as it is complete and compliant with the shipping policies listed on the Website. Transactions are fulfilled under a shipment contract, meaning that the risk of loss and title for all Products transfer to you once they are delivered to the shipping carrier. Any claims regarding lost or damaged shipments must be handled directly with the carrier.

8. Registration; User Names and Passwords

Certain features of the Website may require user registration. Hard Health reserves the right to approve, reject, or request modifications to any username, password, or other registration details you provide. Your username and password are for your personal use only, and you are responsible for maintaining their confidentiality. Any unauthorized use of your account or disclosure of login credentials is your responsibility, and you must notify us immediately of any suspected security breach.

Each user is permitted only one active Hard Health account. You may not access, use, or attempt to use another individual’s account under any circumstances. If you are under the age of 18, your parent or legal guardian must have access to your login credentials for the purpose of overseeing your medical care.

Protecting Your Personal Information

It is essential to safeguard your personal and account information. Your password serves as a key to your personal data, medical history, and account settings. Unauthorized access could allow others to impersonate you, modify sensitive details, and communicate with healthcare providers on your behalf. You are solely responsible for keeping your password secure and updating it if you suspect it has been compromised. You may reset or change your password through your account settings at any time.

Email Correspondence and Data Protection

As part of your registration, you agree to receive communications from Hard Health at the email address linked to your account. While we do not send emails containing sensitive payment details or medical images, correspondence may include account updates, treatment-related information, and other relevant notices. You are responsible for ensuring your registered email account remains secure and accessible only to you. By registering an email address, you consent to the transmission of personal and health-related information to that address.

For further details on how we handle your personal data, please review our Privacy Notice

9. User Submissions, Profiles, and Public Forums

Users may share content (“Submissions”) on various parts of the Website, including profile pages, social media platforms, interactive forums, comment sections, and other messaging tools. These Submissions do not include your private health information.

Hard Health does not monitor, control, or assume responsibility for how third parties use, share, or distribute any content you make publicly available. By choosing to post personally identifiable information or other details on public sections of the Website, you acknowledge and accept the risk that such information may be accessed, used, or shared by others.

Proceed with caution when sharing personal details in any public forum.

10. License Grant and User Submissions

You retain full ownership of any content, materials, or submissions (“Submissions”) you provide through the Website. However, by submitting content, you grant Hard Health a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, distribute, display (publicly or otherwise), create derivative works from, and otherwise exploit your Submissions in any format or medium now known or developed in the future. This includes but is not limited to using Submissions for promotional purposes such as customer testimonials.

If you voluntarily provide us with ideas, suggestions, proposals, or other materials (“Feedback”), you acknowledge that such Feedback is considered a Submission. You further agree that Hard Health has no confidentiality obligations regarding your Feedback and may use, develop, or implement it without any compensation to you or restrictions of any kind.

By submitting any content, you represent and warrant that you have all necessary rights and authority to grant the licenses outlined in this section. You confirm that your Submissions are accurate, lawful, and do not infringe upon any third-party rights, including intellectual property or privacy rights. Additionally, you irrevocably waive any moral rights associated with your Submissions, including the right to attribution or to object to modifications of your work.

11. Monitoring and Compliance

Hard Health reserves the right, but does not assume the obligation, to monitor, scan, intercept, review, analyze, store, evaluate, modify, or remove any Submissions, messages, data, or content that is sent to or received by you in connection with the Website. This monitoring may occur at any stage, including while content is being transmitted, as well as before or after it is stored or displayed on the Website.

Additionally, we may track and assess how you access and interact with the Website using manual review, automated tools, or other technologies for various purposes, including but not limited to security, fraud prevention, compliance, marketing, and advertising, as outlined in our Privacy Notice.

We retain the right to disclose information regarding your use of the Website, including related activities and interactions, to third parties if we determine that such disclosure is necessary for legal, regulatory, security, investigative, or business purposes.

12. Limited License and Usage Rights

Subject to your compliance with this Agreement, and for as long as the Company permits you to access the Website, you are granted a limited, non-exclusive, non-transferable right to view one (1) copy of any portion of the Website that we make available to you, on a single device, strictly for your personal and non-commercial use. This limited right does not grant any ownership interest or further rights beyond what is expressly stated in this Agreement.

13. Ownership and Intellectual Property

The Website, including its software, underlying code, proprietary processes, systems, content, and any associated intellectual property, is owned by the Company and its licensors (collectively, the “Website IP”). These materials are protected by applicable intellectual property laws and other proprietary rights. The Website IP also includes our trade names, trademarks, service marks, including “Hard Health” and related logos.

All intellectual property not owned by the Company remains the property of their respective owners. You are prohibited from using the Website IP in connection with any product or service that is not affiliated with the Company, or in any way that may cause confusion. Except as explicitly stated in Section 12, nothing on the Website grants you the right to use any Website IP without prior written consent from the rightful owner.

14. Third-Party Content and External Links

Certain features of the Website may provide access to information, products, services, or other materials supplied by third parties, including user-generated content (“Third-Party Materials”). Additionally, the Website may facilitate the routing or transmission of such Third-Party Materials via links. By using these features, you acknowledge that you are directing us to access, route, and transmit the applicable Third-Party Materials to you.

We do not own, control, or endorse Third-Party Materials, nor are we responsible for their accuracy, validity, reliability, integrity, timeliness, completeness, quality, legality, safety, or any intellectual property rights associated with them. Some Third-Party Materials may be inaccurate, misleading, or deceptive. The Company makes no representations or warranties regarding Third-Party Materials, and nothing in this Agreement should be construed as an endorsement of any Third-Party Materials.

We have no obligation to monitor Third-Party Materials and may, at our sole discretion, restrict, block, or disable access to such materials (in whole or in part) at any time. The presence of Third-Party Materials on the Website does not imply any affiliation with or endorsement of the third-party provider, nor does it establish any legal relationship between you and such providers.

YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK. ANY ADDITIONAL TERMS, CONDITIONS, OR POLICIES IMPOSED BY THE THIRD-PARTY PROVIDER, SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES, GOVERN YOUR USE OF THIRD-PARTY CONTENT. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM YOUR INTERACTION WITH OR RELIANCE ON THIRD-PARTY WEBSITES OR SERVICES.

15. Promotions

From time to time, we may offer sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) through the Website. These Promotions may be subject to their own set of official rules, which are separate from and may supplement or override certain terms within this Agreement. If you choose to participate in any Promotion, you are responsible for reviewing and complying with its applicable rules, as well as our Privacy Notice. In the event of any conflict between the Promotion rules and this Agreement, the Promotion rules shall take precedence.

16. Disclaimer of Warranties & Medical Disclaimers

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:

(A) HARD HEALTH PROVIDES TELEHEALTH SERVICES THAT FACILITATE ACCESS TO LICENSED HEALTHCARE PROFESSIONALS. HOWEVER, THESE SERVICES DO NOT REPLACE IN-PERSON MEDICAL CARE. ANY CONSULTATIONS, PRESCRIPTIONS, OR TREATMENT PLANS OBTAINED THROUGH HARD HEALTH ARE BASED SOLELY ON THE INFORMATION YOU PROVIDE AND ARE SUBJECT TO THE DISCRETION OF THE LICENSED PROVIDER.

(B) HARD HEALTH DOES NOT GUARANTEE A SPECIFIC DIAGNOSIS, TREATMENT OUTCOME, OR PRESCRIPTION FULFILLMENT. THE DECISION TO PRESCRIBE MEDICATION IS MADE SOLELY BY THE HEALTHCARE PROVIDER. HARD HEALTH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY HEALTH INFORMATION PROVIDED THROUGH THE PLATFORM. YOU UNDERSTAND THAT TELEHEALTH HAS LIMITATIONS AND MAY NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS. YOU SHOULD ALWAYS SEEK IN-PERSON MEDICAL ATTENTION FOR EMERGENCY SITUATIONS OR IF YOUR CONDITION WORSENS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

(C) THE WEBSITE, PRODUCTS, AND ANY THIRD-PARTY MATERIALS ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. HARD HEALTH DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE, PRODUCTS, AND THIRD-PARTY MATERIALS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

(D) YOU AGREE THAT ANY INFORMATION, PRODUCTS, OR SERVICES YOU OBTAIN THROUGH THE WEBSITE ARE ACQUIRED AT YOUR OWN DISCRETION AND RISK, AND YOU BEAR FULL RESPONSIBILITY FOR ANY RESULTING DAMAGE OR LOSS. NO ORAL OR WRITTEN STATEMENTS MADE BY HARD HEALTH, ITS REPRESENTATIVES, OR THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

(E) ALL DISCLAIMERS, INCLUDING THOSE FOUND IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT, APPLY FOR THE BENEFIT OF BOTH HARD HEALTH AND ANY AFFILIATED ENTITIES, INCLUDING THEIR RESPECTIVE OWNERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, AS WELL AS THEIR SUCCESSORS AND ASSIGNS.

(F) HARD HEALTH DOES NOT GUARANTEE THAT THE WEBSITE IS ERROR-FREE, CONTINUOUSLY UPDATED, COMPLETE, OR SECURE, NOR THAT ACCESS WILL BE UNINTERRUPTED. THE WEBSITE MAY CONTAIN INACCURACIES, OUTDATED INFORMATION, OR CONTENT THAT CONFLICTS WITH THIS AGREEMENT. ADDITIONALLY, UNAUTHORIZED THIRD PARTIES MAY ALTER THE WEBSITE’S CONTENT. IF YOU BECOME AWARE OF ANY SUCH ALTERATION, PLEASE CONTACT US AT customerservice@hard.heath WITH DETAILS REGARDING THE UNAUTHORIZED CHANGE AND ITS LOCATION ON THE WEBSITE.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

(A) HARD HEALTH, ITS AFFILIATES, AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE, PRODUCTS, SERVICES, OR THIRD-PARTY MATERIALS, UNDER ANY LEGAL THEORY INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED ACCESS OR INTERCEPTION BY THIRD PARTIES), EVEN IF HARD HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(B) WITHOUT LIMITING THE FOREGOING, HARD HEALTH EXPRESSLY DISCLAIMS LIABILITY FOR:

• THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY MEDICAL ADVICE OR INFORMATION PROVIDED THROUGH THE PLATFORM. MEDICAL DECISIONS SHOULD ALWAYS BE MADE IN CONSULTATION WITH A LICENSED HEALTHCARE PROVIDER.
• ANY DELAYS, DISRUPTIONS, OR LIMITATIONS IN ACCESSING HEALTHCARE PROFESSIONALS, PRESCRIPTIONS, OR TREATMENT RECOMMENDATIONS.
• ANY ERRORS, OMISSIONS, OR ACTIONS OF THIRD-PARTY SERVICE PROVIDERS, INCLUDING PHARMACIES, TELEHEALTH PROFESSIONALS, OR PAYMENT PROCESSORS. HARD HEALTH DOES NOT ENDORSE OR CONTROL THESE THIRD PARTIES.
• UNAUTHORIZED ACCESS, HACKING, DATA BREACHES, OR OTHER SECURITY INCIDENTS AFFECTING USER INFORMATION.

(C) HARD HEALTH DOES NOT GUARANTEE THE AVAILABILITY, EFFECTIVENESS, OR SUITABILITY OF ANY TREATMENT, MEDICATION, OR HEALTH-RELATED ADVICE. ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND.

(D) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, PRODUCTS, SERVICES, OR THIRD-PARTY MATERIALS IS TO DISCONTINUE USE OF THE WEBSITE AND ITS SERVICES.

(E) THE MAXIMUM TOTAL LIABILITY OF HARD HEALTH FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO HARD HEALTH FOR USE OF THE WEBSITE OR PRODUCTS, OR (2) ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

(F) SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIABILITY LIMITATIONS OR EXCLUSIONS. IF APPLICABLE LAW IN YOUR JURISDICTION PROHIBITS SUCH LIMITATIONS, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER LOCAL LAW.

18. Indemnity and Release

To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Hard Health, its affiliates, and their respective officers, directors, employees, agents, licensors, service providers, and successors (collectively, the “Affiliated Entities”) from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising from or related to:

(a) Your use of or activities in connection with the Website, including any Submissions you provide; and
(b) Any violation or alleged violation of this Agreement by you. This indemnification obligation survives any expiration or termination of this Agreement.

19. Termination

This Agreement remains in effect until terminated. You may deactivate your account at any time, for any reason, by emailing customerservice@hard.heath . Hard Health reserves the right to terminate, suspend, modify, or restrict your access to the Website, Services, or Products at any time and without prior notice, for any or no reason, including but not limited to:

• A violation or suspected violation of this Agreement.
• Non-payment of amounts due to Hard Health.
• Any conduct that we determine, in our sole discretion, is harmful or inconsistent with the spirit of this Agreement.

Upon termination, your right to access and use the Website will immediately cease, and we may deactivate or delete your username, password, account, and associated data without any liability or obligation to provide further access to such materials.

Your medical records will be retained for at least five (5) years, or longer if required by applicable state or federal law. If you are under twenty-three (23) years old at the time records may be destroyed, they will be kept until you reach the age of 23 or as required by law.

Sections 2–6, 8–11, and 13–25 of this Agreement will survive any termination. Any termination will comply with applicable legal notice or waiting periods. You acknowledge that Hard Health will not be liable to you or any third party for any suspension, modification, or termination of your ability to use the Website, Services, or Products.

If you are dissatisfied with any aspect of the Website, Services, or Products, your sole remedy is to discontinue use.

20. Dispute Resolution & Arbitration

(a) Governing Law & Agreement to Arbitrate

To facilitate the most efficient and cost-effective resolution of disputes, and except as outlined in Section 20(b), you and Hard Health agree that all disputes related to this Agreement, the Website, Services, or Products shall be resolved through binding arbitration. Arbitration is less formal than court proceedings and is conducted by a neutral arbitrator instead of a judge or jury. It may allow for limited discovery and is subject to limited court review. The arbitrator may award the same damages and relief as a court.

By agreeing to arbitration, YOU AND HARD HEALTH EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION.

This arbitration provision applies to all claims arising from or related to this Agreement, your use of the Services or Products, and our communications with you, regardless of legal theory, including contract, tort, statute, fraud, or misrepresentation.

(b) Exceptions to Arbitration

Despite Section 20(a), nothing in this Agreement prevents either party from:

• Filing an individual action in small claims court.
• Pursuing enforcement actions through applicable government agencies.
• Seeking injunctive relief in court to aid arbitration.
• Filing a lawsuit to protect intellectual property rights.

(c) Arbitration Process

Arbitration will be conducted under the Federal Arbitration Act and administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (collectively, “AAA Rules”). These rules are available at www.adr.org, by calling 1-800-778-7879, or by contacting Hard Health.

The arbitrator has exclusive authority to decide all matters related to the interpretation, applicability, and enforceability of this arbitration agreement.

(d) Notice of Arbitration

A party seeking arbitration must first send a Notice of Dispute by certified U.S. mail, Federal Express (signature required), or email if no physical address is available. The notice must:

• 1. Describe the nature of the claim.
• 2. Specify the relief sought (“Demand”).

If a resolution is not reached within 30 days, either party may initiate arbitration. All arbitration proceedings will remain confidential unless both parties agree otherwise in writing. The amount of any settlement offer made before the final award cannot be disclosed to the arbitrator. If the arbitrator awards you an amount greater than the last written settlement offer, Hard Health will pay you the higher of:

(A) The arbitrator’s awarded amount, or
(B) $100.

(e) Arbitration Fees

The losing party will reimburse the winning parties arbitration costs including filing fees.

If your claim is for $10,000 or less, you may choose:

• Arbitration based on submitted documents.
• A telephonic non-appearance hearing.
• An in-person hearing following AAA Rules in your billing address county.

If the arbitrator finds your claim to be frivolous or brought for an improper purpose under Federal Rule of Civil Procedure 11(b), then arbitration fees will be determined per AAA Rules, and you agree to reimburse Hard Health for amounts paid for the arbitration.

Regardless of the arbitration format, the arbitrator will issue a reasoned written decision explaining the findings and conclusions. The arbitrator may resolve disputes related to arbitration fees at any time.

(f) No Class Actions

YOU AND HARD HEALTH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Unless both parties agree, the arbitrator cannot consolidate multiple claims or oversee class-wide proceedings.

(g) Changes to This Arbitration Agreement

If Hard Health makes future modifications to this arbitration agreement, you may reject the change by sending written notice within 30 days of the modification. The rejection will not affect any previously agreed arbitration provisions.

(h) Enforceability of Arbitration Terms

If Section 20(f) (class action waiver) is found unenforceable, or if this entire Section 20 is deemed invalid, then this entire arbitration provision will be null and void. In such cases, all disputes will be subject to the exclusive jurisdiction of the courts outlined in Section 21.

(i) Opting Out of Arbitration

If you do not wish to resolve disputes via arbitration, you may opt out within 30 days of accepting this Agreement by sending a written Opt-Out Notice to Hard Health’s Legal Department. The notice must include:

• Your full legal name
• Your residential address
• The email address associated with your account
• A statement explicitly opting out of arbitration

If Hard Health does not receive your Opt-Out Notice within 30 days, you agree to resolve all disputes through arbitration.

(j) Governing Law & Jurisdiction

This Agreement is governed by the laws of the State of California, without regard to conflict-of-law principles. Any permitted legal actions outside arbitration will be filed exclusively in the state or federal courts of Orange County, California.

Hard Health operates the Website from California and makes no representations about its suitability for use in other locations.

21. Filtering

We inform you that parental control tools, including software, hardware, and filtering services, are commercially available to assist in limiting access to content that may be harmful to minors. A list of current providers offering such protections is available at: https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.

Hard Health does not endorse or take responsibility for any products or services listed on that site.

22. Information or Complaints

For questions or complaints related to the Website, Products, or Services, please email customerservice@hard.heath . You may also contact us by mail at the address listed on our Website.

Please note that email communications are not always secure. Do not include sensitive information, such as credit card details, in any email correspondence.

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services within the California Department of Consumer Affairs at:

• Mail: 1625 North Market Blvd., Sacramento, CA 95834
• Phone: (916) 445-1254 or (800) 952-5210

23. Copyright Infringement Claims

Under the Digital Millennium Copyright Act (DMCA), copyright owners who believe their rights have been infringed may request the removal or restriction of allegedly infringing material.

If you believe in good faith that content on the Website infringes your copyright, you (or your agent) may submit a DMCA notice requesting removal or restriction. If you believe a DMCA notice has been wrongly filed against you, the DMCA allows you to submit a counter-notice.

All notices and counter-notices must comply with DMCA statutory requirements. For details, visit http://www.copyright.gov/.

Notices should be sent to Hard Health’s DMCA agent at:
Email: customerservice@hard.heath

We recommend consulting a legal advisor before submitting a DMCA notice or counter-notice.

24. Important Notice to New Jersey Consumers

If you are a New Jersey resident, certain provisions of this Agreement may not apply to you if they are deemed unenforceable under New Jersey law. These include, but are not limited to:

• (a) Disclaimer of liability for indirect, incidental, consequential, special, exemplary, or punitive damages, where such disclaimers conflict with New Jersey’s Punitive Damages Act, Products Liability Act, Uniform Commercial Code, or Consumer Fraud Act.
• (b) Limitation on liability for loss of profits or data, where such limitations conflict with New Jersey’s Identity Theft Protection Act or Consumer Fraud Act.
• (c) Application of liability limitations under contract, tort (including negligence), strict liability, or other legal theories, where recoverable damages exist under New Jersey’s Products Liability Act.
• (d) Requirement for you to indemnify Hard Health, to the extent such an indemnity obligation is prohibited under New Jersey law.
• (e) Governing law provision selecting California law, to the extent your rights as a New Jersey consumer require application of New Jersey law.

25. Export Controls

You acknowledge and agree to comply with U.S. export laws and regulations. This includes, but is not limited to, compliance with U.S. economic sanctions and trade embargoes.

By using the Website, you represent and warrant that:

• (a) You are not located in, a resident of, or a national of any country subject to a U.S. embargo or similar trade restriction.
• (b) You are not on any U.S. government list of restricted or prohibited parties.

Violations of U.S. export laws may result in legal consequences, including civil and criminal penalties.

26. Miscellaneous

No Partnership or Agency Relationship: This Agreement does not establish a partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Hard Health.

Severability: If any provision in this Agreement is found to be unenforceable, it will be severed, and the remaining provisions will remain in effect.

Assignment: You may not assign, transfer, or sublicense any rights or obligations under this Agreement without prior written consent from Hard Health. Hard Health may assign, transfer, or sublicense its rights or obligations without restriction, including rights related to:

• Your Website account
• Any information you provide
• Any data collected through the Website

No Waiver: A failure by either party to enforce any provision does not waive that provision or any subsequent breaches.

Headings and Interpretation: Section headings are for convenience only and do not affect the meaning of any provision. The terms “including” or similar phrases are construed as “including without limitation.”

Conflicting Terms: If there is a conflict between this Agreement and additional terms incorporated by reference, the additional terms will take precedence.

Entire Agreement: This Agreement, including any referenced terms, constitutes the entire agreement between you and Hard Health, superseding all prior agreements and understandings.

Notices:

• Hard Health may provide notices via email, mail, or Website postings.
• A printed version of this Agreement and any related notices shall be admissible in court to the same extent as printed business records.
• Hard Health Utilizes Third party Service providers to provide various portions of the service. These include but are not limited to credit card processing, web hosting, third party physician networks and pharmacies.

Force Majeure: Hard Health is not liable for any failure or delay caused by circumstances beyond its control, including but not limited to:

• Severe weather
• Power outages
• Natural disasters
• Strikes
• Government actions
• Pandemics or epidemics
• Acts of terrorism, war, or civil unrest

Website © 2025 Hard Health unless otherwise noted. All rights reserved.