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TERMS & CONDITIONS

    The CareMD – Terms and Conditions (Enterprise / Ultra-Protective Version)

    Effective Date: 01/27/2021
    Last Updated: 02/24/2026

    1. Binding Agreement

    These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and The CareMD, Inc. (“The CareMD,” “Company,” “we,” “our,” or “us”).

    By accessing or using our website, mobile applications, telehealth platform, or related services (collectively, the “Services”), you agree to be bound by these Terms.

    If you do not agree, you must immediately discontinue use of the Services.

    2. Nature of Services

    The CareMD provides a technology platform that may:

    • Facilitate telehealth consultations
    • Enable communication with healthcare providers
    • Provide administrative and coordination support
    • Enable prescription transmission where legally permitted

    Unless expressly stated otherwise in writing, The CareMD is not a healthcare provider and does not provide medical care, diagnosis, or treatment.

    Healthcare services are provided by independent licensed providers.

    3. No Emergency Services

    The Services are not for medical emergencies.

    If you are experiencing an emergency, call 911 or go to the nearest emergency department immediately.

    The CareMD disclaims all liability related to emergency misuse of the platform.

    4. No Medical Guarantee

    You acknowledge and agree:

    • Telehealth has inherent limitations
    • Not all conditions can be diagnosed virtually
    • Prescriptions are not guaranteed
    • Provider availability is not guaranteed
    • Medical outcomes vary

    The CareMD makes no warranties regarding medical outcomes or provider decisions.

    5. Eligibility and Geographic Restrictions

    You represent and warrant that:

    • You are at least 18 years old (unless legally permitted otherwise)
    • You are located in a jurisdiction where the Services are legally available
    • All information you provide is accurate and complete

    We reserve the right to verify eligibility at any time.

    6. Account Security and Responsibility

    You are solely responsible for:

    • Maintaining credential confidentiality
    • All activities under your account
    • Immediately reporting suspected breaches

    The CareMD is not liable for unauthorized account use.

    7. Payment Terms

    You agree to pay all applicable fees, including:

    • Consultation fees
    • Subscription fees
    • Administrative fees
    • Cancellation or missed appointment fees

    Non-Refund Policy

    Except where required by law, all payments are final and non-refundable.

    Payment Processing

    Payments are processed via third-party processors.

    The CareMD does not store full payment card data.

    8. Telehealth Technology Disclaimer

    You acknowledge risks inherent to telehealth, including:

    • Data transmission interruptions
    • Cybersecurity risks
    • Audio/video limitations
    • Incomplete patient information

    You accept these risks by using the Services.

    9. Acceptable Use

    You agree not to:

    • Provide false medical or identity information
    • Misuse prescriptions
    • Attempt unauthorized system access
    • Upload malicious software
    • Harass providers or staff
    • Reverse engineer platform technology

    Violations may result in termination and possible legal action.

    10. Intellectual Property

    All platform materials, including software, content, branding, and design, are exclusively owned by The CareMD or its licensors.

    Unauthorized use is strictly prohibited.

    11. Third-Party Integrations

    The Services may integrate with third parties, including:

    • Pharmacies
    • Laboratories
    • Payment processors
    • Technology infrastructure providers

    The CareMD is not responsible for third-party performance or policies.

    12. Privacy and Data Use

    Use of Services is also governed by our Privacy Policy.

    You consent to data collection, storage, and processing as described in that policy.

    13. Disclaimer of Warranties

    The services are provided “as is” and “as available.”

    To the maximum extent permitted by law, The CareMD disclaims all warranties, including:

    • Merchantability
    • Fitness for a particular purpose
    • Non-infringement
    • Uninterrupted or error-free operation

    14. Limitation of Liability (STRONG FORM)

    To the maximum extent permitted by law:

    The CareMD shall not be liable for:

    • Indirect damages
    • Incidental damages
    • Consequential damages
    • Loss of profits
    • Loss of data
    • Medical outcomes
    • Provider actions or decisions
    • Service interruptions

    Total liability shall not exceed the amount paid by you to The CareMD in the prior 12 months.

    15. Indemnification

    You agree to indemnify, defend, and hold harmless The CareMD and its affiliates, officers, employees, contractors, and partners from claims arising from:

    • Your use of Services
    • Violation of these Terms
    • Violation of laws
    • Misuse of prescriptions or medical advice

    16. Mandatory Arbitration (Investor-Grade Clause)

    All disputes shall be resolved exclusively through binding arbitration.

    You waive the right to:

    • Jury trials
    • Class actions
    • Class arbitration

    Arbitration shall occur in Texas unless otherwise required by law.

    17. Class Action Waiver

    You agree disputes will be resolved only on an individual basis.

    You waive participation in any class, collective, or representative action.

    18. Force Majeure

    The CareMD is not liable for failure or delay due to events beyond reasonable control, including:

    • Natural disasters
    • Cyberattacks
    • Government actions
    • Utility or internet failures
    • Pandemics
    • Labor disputes

    19. Termination Rights

    We may suspend or terminate access at any time for:

    • Terms violations
    • Fraud or abuse
    • Security concerns
    • Legal compliance requirements

    20. Governing Law

    These Terms are governed by the laws of the State of Texas.

    21. Updates to Terms

    We may modify these Terms at any time.

    Continued use of Services constitutes acceptance of updates.

    22. Contact Information

    10601 Clarence Dr Ste 310 Frisco, TX 75033

    Provider@thecaremd.com

    888-275-8955

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