Terms of Use

1. Introduction

BY USING OUR SITE AND SERVICES, YOU ACCEPT THESE TERMS, INCLUDING THE ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND THE ARBITRATION AGREEMENT, DO NOT USE OUR SITE OR SERVICES.

These Terms of Use govern your use of our website and services. By using the Site and Services, you consent to the practices described in these Terms of Use.

IMPORTANT NOTICE REGARDING ARBITRATION: PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS AN AGREEMENT TO ARBITRATE THAT REQUIRES YOU TO RESOLVE CLAIMS AGAINST TESSERA RX THROUGH BINDING ARBITRATION. THE ARBITRATION AGREEMENT LIMITS YOUR RIGHTS TO GO TO COURT, HAVE A JURY TRIAL, AND/OR PARTICIPATE IN A CLASS ACTION.

2. Definitions

As used in these Terms of Use and throughout the website:

• “Content” means any information, text, graphics, photos, videos, or other materials uploaded, downloaded, or appearing on the Site.
• “Practice” refers collectively to the affiliated professional medical corporation that delivers clinical services to Tessera Rx patients.
• “Tessera Rx,” “we,” “us,” or “our” refers collectively to Tessera Rx and its affiliated entities.
• “Services” means the medical services provided by the Practice to its patients following completion of a separate Patient Agreement.
• “Site” means the website operated by Tessera Rx, including all features, functionality, and Content available through the domain and all related subdomains.
• “User,” “you,” or “your” means any individual who accesses or uses the Site.
• “User Content” means any Content that a User posts, uploads, publishes, submits, or transmits to be made available on the Site.

3. Acceptance of Terms

By accessing or using the Site or Services, you agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and Tessera Rx. If you do not agree to these Terms, please do not access or use the Site.

4. Electronic Communications

By using the Site or Services, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You agree that your use of your finger, a keypad, mouse, or other device to select an item, button, icon, or similar act while using the Site, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures, or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing.

5. Eligibility

You must be at least 18 years of age to use this Site. By using the Site or Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all the terms and conditions set forth herein.

6. User Account

If you create an account on the Site, you are responsible for maintaining the confidentiality of your account information and password. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

7. Intellectual Property Rights

All Content on the Site is the property of Tessera Rx or its content suppliers and is protected by United States and international copyright laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Site and its Content for personal, non-commercial purposes.

The Tessera Rx name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Tessera Rx or its affiliates or licensors. You must not use such marks without our prior written permission.

You may not modify, reproduce, distribute, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any Content on the Site, except as expressly permitted. Any unauthorized use of the Site or its Content terminates the permission granted by Tessera Rx.

8. Copyright Policy and DMCA Compliance

We respect the intellectual property rights of others and expect users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law. Please provide our copyright agent with: a physical or electronic signature of the copyright owner; identification of the copyrighted work; identification of the allegedly infringing material; your contact information; a good-faith statement; and a statement under penalty of perjury that you are authorized to act on the owner’s behalf.

Our designated copyright agent can be reached at legal@tesserarx.com.

9. Prohibited Activities

You agree not to:

• Use the Site for any illegal purpose
• Violate any laws in your jurisdiction
• Interfere with the proper working of the Site
• Attempt to bypass any measures designed to prevent or restrict access to the Site
• Use data mining, robots, or similar data gathering and extraction tools
• Impersonate any person or entity
• Engage in any activity that interferes with another user’s use of the Site
• Upload or transmit viruses or other malicious code
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
• Harvest or collect email addresses or other contact information of other users from the Site
• Use the Site to advertise or offer to sell goods and services

10. User Content

Any User Content that you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant that you own or control all rights in and to the User Content; that it complies with these Terms; that it is not false, inaccurate, or misleading; that it does not violate any law; and that it does not infringe any third-party rights.

11. Use of Artificial Intelligence

Tessera Rx uses artificial intelligence (“AI”) technologies to enhance our services, improve user experience, and process information. This may include using AI to analyze user interactions, process and respond to inquiries, assist in content generation, enhance security, deliver our services, and develop new features.

By using the Site or Services, you acknowledge and consent to our use of AI technologies as part of our services. While we implement appropriate safeguards, you understand that AI-generated content or responses may not always be perfect or complete.

12. Disclaimer of Warranties

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TESSERA RX DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Tessera Rx does not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make it available are free of viruses or other harmful components. We do not warrant the accuracy, completeness, or usefulness of any information available on or through the Site. Any reliance you place on such information is strictly at your own risk.

13. Limitation of Liability

IN NO EVENT SHALL TESSERA RX, THE PRACTICE, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE; (III) UNAUTHORIZED ACCESS TO OUR SERVERS OR PERSONAL INFORMATION; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION; (V) BUGS OR VIRUSES; (VI) ERRORS OR OMISSIONS IN ANY CONTENT; OR (VII) USER CONTENT OR THE CONDUCT OF ANY THIRD PARTY.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL TESSERA RX’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED ONE HUNDRED DOLLARS ($100.00).

14. Indemnification

You agree to defend, indemnify, and hold harmless Tessera Rx and the Practice, and their respective officers, directors, employees, agents, partners, suppliers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including attorney’s fees) arising from your use of the Site and Services; your use of any products including medications discussed with the Practice; your violation of these Terms; your violation of any third-party right; or any claim that your content caused damage to a third party.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

15.2 Informal Resolution

Before initiating arbitration, you agree to provide us with written notice describing your dispute and to attempt to resolve the dispute informally and in good faith. If the dispute is not resolved within thirty (30) days, either party may commence arbitration.

15.3 Agreement to Arbitrate

BY USING THE SITE OR SERVICES, YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND TESSERA RX RELATING IN ANY WAY TO THESE TERMS, OUR PRIVACY POLICY, OR YOUR USE OF THE SITE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify, and either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Any cause of action or claim you may have arising out of or relating to these Terms must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred.

15.4 Class Action Waiver

YOU AND TESSERA RX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15.5 Arbitration Procedures

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules then in effect, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.

16. Medical Disclaimers

The Site may contain general information about medical conditions and treatments. The information is not advice and should not be treated as such. The medical information on the Site is provided as an information resource only and is not to be used or relied on for any diagnostic or treatment purposes. To receive medical advice and treatment from the Practice, you must become a patient and/or member of the Practice.

The information provided on the Site does not create a doctor-patient relationship between you and Tessera Rx. You should never disregard professional medical advice or delay in seeking it because of something you have read on the Site.

The Site and communication platforms are not suitable for emergencies. If you think you may have a medical emergency, call your doctor or 911 immediately.

Tessera Rx does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. The Practice provides clinical services through providers licensed in the patient’s state.

17. Additional Terms for Patients

If you obtain an initial physician consultation from the Practice, you will be considered a patient of the Practice (a “Patient”). As a Patient, you will also be subject to the terms and conditions in your patient consents, acknowledgment package, and other agreements (collectively, the “Patient Agreement”).

17.1 Non-Refundable Consultation Fee

You will be charged a non-refundable fee for your initial consultation with a provider licensed in your state. The fee will not be refunded even if the Practice provider determines that you are not eligible for membership or are not a suitable candidate for prescription therapies.

17.2 No Guarantee of Eligibility

The purpose of the consultation is to determine eligibility for membership and to assess whether the patient is a suitable candidate for the available prescription therapies. Tessera Rx does not guarantee that a Patient will be deemed eligible.

17.3 Patient Responsibilities

• Accurate Information: You will provide truthful, accurate, and complete personal and medical information and keep it current.
• Personal Use and Account Security: Your account is for your sole, individual use.
• Treatment Compliance: Follow the prescribed treatment plan, use medications as directed, and do not share prescription medications.
• Active Communication: Monitor your health, promptly report any side effects to your provider, and read all platform communications in a timely manner.
• Scope of Services: These services are for non-emergency conditions. For any urgent or emergency issue, call 911 or go to your local emergency room.
• Respectful Conduct: Interact with all Practice providers and staff respectfully.

17.4 Telehealth Services & Informed Consent

By using the Services, you acknowledge you are engaging in a telehealth consultation and that telehealth involves the delivery of healthcare services using electronic communications. Your ability to access the Services depends on your state of residence and the location of the Practice’s providers. No prescription will be issued based solely on a questionnaire — all prescriptions are issued at the sole discretion of your licensed healthcare provider after a comprehensive evaluation. You understand the inherent risks and limitations of telehealth, including technology failures and limitations of remote diagnosis.

18. Additional Terms for Members

18.1 Membership and Subscription Management

Membership fees are billed in accordance with the billing terms in effect at the time the fee is due. You may cancel your membership at any time; however, any changes must be requested before the next subscription processing date. Failure to pay the invoiced Membership Fee for any renewal period in a timely manner may result in termination of your membership. Upon cancellation, the membership will remain active until the end of the then-current billing period.

We do not provide pro-rata refunds for cancellations initiated during a billing period. The Member understands and agrees that the membership fee is non-refundable, regardless of the suggested treatment plan.

18.2 Payment; Subscriptions; Automatic Renewal

By providing a credit card or other payment method, you authorize us (or our service provider) to charge it for the total amount of fees associated with your use of the Site, together with any applicable taxes. Services are offered on a cash-pay basis and are not billed to insurance. If you enroll in a recurring subscription, you authorize us to charge your Payment Method on a recurring basis until you cancel.

18.3 Prescription and Product Orders, Cancellations, and Refunds

You must obtain a consultation with your Practice provider to obtain a prescription. You may cancel an order before it is sent to our partner pharmacy for fulfillment. For health and safety reasons, prescription medications generally cannot be returned once shipped. Federal and state pharmacy regulations prohibit pharmacies from accepting returned medications back into inventory. All sales are final unless we determine otherwise in our sole discretion. If you believe you received the wrong medication, a damaged product, or a product that differs from what was prescribed, contact us promptly.

18.4 Third-Party Pharmacy and Product Distribution

All products prescribed, recommended, or otherwise discussed with the Practice are dispensed and distributed by independent third-party pharmacies. The Practice has no ownership or operational oversight of these pharmacies. You acknowledge that any purchase of products will be governed by the applicable third-party pharmacy’s terms; that the Practice assumes no liability for acts of such third parties; and that you retain the right to fill any prescription through a pharmacy of your choosing.

18.5 Damaged or Incorrect Shipments

If a Member receives a medication that is damaged, defective, or incorrect, contact us within seven (7) days of receipt at support@tesserarx.com. We will, at our sole discretion, arrange for a replacement at no additional cost.

18.6 Treatment Unavailability

You acknowledge that all treatment plans are subject to the availability of medications and supply chain factors beyond our control. If we cannot fulfill a treatment plan, you will not be charged for the unfilled order.

19. Miscellaneous

19.1 Force Majeure

Tessera Rx shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control.

19.2 Assignment

These Terms may not be transferred or assigned by you, but may be assigned by Tessera Rx without restriction.

19.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

19.4 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

19.5 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Tessera Rx and govern your use of the Site.

19.6 Changes to These Terms

Tessera Rx reserves the right to modify these Terms at any time. We will provide notice of any material changes by posting the new Terms on the Site and updating the “Effective Date” above. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

19.7 Termination

We reserve the right to deny access to and use of the Site to any person for any reason or for no reason, including for breach of these Terms.

19.8 Non-Discrimination

Tessera Rx complies with Federal and applicable state civil rights laws and does not exclude people or treat them differently because of race, color, national origin, age, disability, sex, or other protected characteristics.

20. Communications from Tessera Rx

By opting in to receive SMS or email communications, you consent to receive marketing and promotional messages from Tessera Rx pursuant to our Privacy Policy. Message frequency may vary. Message and data rates may apply. You may opt out of marketing messages at any time by replying STOP. Healthcare-related communications (appointment reminders, care coordination, treatment updates) are distinct from marketing communications and opting out may impact our ability to provide important healthcare information.

21. Contact Information

If you have any questions about these Terms, please contact us at legal@tesserarx.com.