Terms of Service

The terms, telehealth consent, policies and arbitration agreement that govern your use of Fitpal Pro L.L.C.’s website, app and services.

Effective date: September 26, 2026

Agreement to These Terms; Our Services and Medical Groups

Fitpal Pro L.L.C. and its affiliates (“Fitpal Pro”, “Fitpal”, “we”, “our” or “us”) owns and operates the website located at https://www.fitpal.com, the Fitpal mobile application and any affiliated website, software or application owned or operated by Fitpal Pro (collectively, the “Platform”). These Terms of Service (the “Terms”) govern your access to and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), and any products or services provided through the Platform or otherwise by Fitpal Pro L.L.C. (the “Services” or “Service”) in accordance with these Terms. As part of offering the Services, Fitpal Pro L.L.C. contracts with Beluga Health, PC, Mavroson Medical P.C., a medical professional corporation licensed in the State of New York, and any future formed affiliated medical groups with which we may contract (collectively defined as “Medical Groups”), to provide online telehealth medical consultations and secure messaging between Medical Group’s providers (each a “Provider” and collectively “Providers”) and their patients. Accordingly, our Services include the professional medical services provided to you by Medical Groups through its contractual relationship with us, and your access to and use of these Services are subject to these Terms.

By accessing or using any part of the Platform or the Services, creating an account, clicking a checkbox, or otherwise participating in any services offered by Fitpal Pro, you agree to be bound by these Terms, the Fitpal Pro Privacy Policy (which is incorporated into these Terms by reference), and the Client Consent to Telehealth, Informed Consent, Policies and Arbitration Agreement set out below. If you do not agree to all of these Terms, you may not access or use the Platform or the Services. We may update these Terms from time to time as described in “General Provisions” below, and your continued use of the Platform or the Services after any update constitutes your acceptance of the updated Terms.

Your Relationship With Us

Fitpal Pro is a technology, nutrition and accountability company. Fitpal Pro is not a healthcare provider, does not practice medicine, nursing or any other licensed profession, and does not itself provide medical services, prescriptions, diagnoses or treatment. All medical services available through the Platform are provided by the Medical Groups and their Providers, who are independent licensed medical professionals exercising their own independent medical judgment. By using the Services you are not entering into a doctor-patient or other healthcare provider-patient relationship with Fitpal Pro. Any doctor-patient relationship you form is with the Medical Group and the Provider who treats you, not with Fitpal Pro.

The Medical Groups, the Providers, and any pharmacies (“Pharmacies”) or laboratories (“Labs”) that fulfil prescriptions or orders written by a Provider are independent third parties and are not employees or agents of Fitpal Pro. Fitpal Pro does not control, and is not responsible for, the professional medical advice, diagnoses, treatment decisions or other services they provide. Fitpal Pro’s dietitians, nutrition coaches and pals provide nutrition education, meal planning and accountability support; they do not provide medical advice and their guidance does not replace the advice of a Provider or your own physician.

Eligibility; Jurisdictions Served

Fitpal Pro L.L.C. provides the Services to individuals located in the United States. Fitpal Pro serves patients located in the following states and district: AL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, and the District of Columbia (DC). The Medical Groups’ Providers are licensed in the state or district in which you are located at the time of your consultation, and you agree to tell us truthfully which state you are located in and to notify us if that changes. Telehealth consultations, prescriptions and secure messaging are furnished by a Provider licensed in your state.

Certain medications, treatments, laboratory tests or other services may be unavailable in a particular state, or may be subject to additional requirements, because of that state’s laws, Provider licensure, pharmacy regulations or clinical judgment. In those cases we will let you know before you are charged, and the Medical Group may decline to prescribe, require an in-person examination or refer you to local care. The Services are not offered, and may not be used, outside the United States.

You must be at least eighteen (18) years of age, or such older age as may be required by applicable state law, to use the Services. Certain Services may be subject to additional age or eligibility requirements. By using the Services you represent that you meet these requirements and that all information you provide about your identity, location and health is truthful, accurate and complete.

Not Insurance

Fitpal Pro is not an insurer, and the Services are not insurance products or services. Purchasing the Services does not create an insurance policy, health plan or any right to reimbursement. Fitpal Pro does not participate in any insurance panels and, except as required by law, does not submit claims to insurers, Medicare or Medicaid on your behalf. If you want coverage for medical services you must obtain it separately. See also “Office Insurance Practices and Patient Financial Responsibility” below.

The Client Consent to Telehealth below applies to the Services, including the professional medical services provided to you by the Medical Groups and their Providers through the Platform, unless specifically stated otherwise. Capitalized terms not otherwise defined in this Consent to Telehealth have the same meaning as set forth above and in the Fitpal Pro Privacy Policy.

By signing this form, clicking a checkbox, or otherwise participating in any services offered by Fitpal Pro, I voluntarily understand, acknowledge, and agree to the following with respect to medical services rendered by the Medical Groups’ Providers (each also a “Physician”), associates, technical assistants, agents, and other healthcare providers (collectively, “the Practice”), and any and all employed or contracted support staff, health coaches, admins, or operations associates. Providers are independent medical professionals individually licensed in the state where I am located, operating, and making independent medical judgment to serve patients utilizing the Platform. Fitpal Pro does not practice medicine.

I request, voluntarily consent to, and authorize the services and treatment described herein, including without limitation telemedicine consultation, preventive medicine services, sexual wellness services, diagnostic testing, personal training or lifestyle coaching, as well as any additional services that are advisable in a Physician’s professional judgment that may be rendered.

I understand that no promises or expectations have been made to me about the results of any treatments or services.

I understand that I have read and understood each of the provisions appearing on this consent form. I also acknowledge that I have had the opportunity to ask any questions that I may have, and by my electronic agreement, I consent and agree to all provisions herein both individually and collectively.

I consent and agree that it is my duty to read all information provided to me by my assigned physician or provided to me by the platform, including but not limited to dosing guidelines, medication information, contraindications, dietary and lifestyle support literature, terms of service, and more.

The consent and any/and all updates to it will remain fully effective until it is revoked in writing. I have the right at any time to discontinue services.

Not Primary Care; Limit of Role

The Platform facilitates interactions by Providers (or the Practice), who are acting in a specialist, supportive, consultative capacity and not as a primary care physician and do not provide emergency care. Accordingly, The Practice is not replacing care currently provided to me by other physicians, such as my current primary care physician, internist, urologist, cardiologist, gastroenterologist, or other specialty care provider. The Practice has advised me that the Practice does not admit patients to the hospital or treat hospitalized patients, and that I should maintain a relationship with a physician who is available to provide emergent and urgent care. The Practice does not provide immediate on-call services.

IF I ENCOUNTER A MEDICAL EMERGENCY, I WILL CONTACT 911 OR REPORT TO A HOSPITAL EMERGENCY DEPARTMENT. If at any time I feel my condition has progressed, worsened, or has not improved over a long period of time, I agree to go to the nearest emergency room immediately.

I UNDERSTAND THAT THE PRACTICE IS CASH PAY ONLY AND DOES NOT SUBMIT CLAIMS OR BILLS FOR REIMBURSEMENT BY INSURANCE OR MEDICARE. I ACKNOWLEDGE AND AGREE THAT THE SERVICES MAY NOT BE COVERED BY INSURANCE OR MEDICARE.

I AGREE THAT ALL PERSONAL INFORMATION I PROVIDE, INCLUDING MEDICAL INFORMATION, IS TRUTHFUL, HONEST, AND ACCURATE; AND I EXPRESSLY WAIVE AND RELEASE ANY CLAIMS I MAY HAVE AGAINST THE PRACTICE AND THE PHYSICIAN FOR INJURIES OR DAMAGES THAT ARISE OUT OF UNTRUTHFUL, DISHONEST, OR INACCURATE INFORMATION THAT I PROVIDE.

Telemedicine Consent: I understand that the Platform and the Practice may use telemedicine mechanisms to consult for, discuss, and recommend treatment. I also understand that telemedicine involves the delivery of clinical health care services by electronic communication (including two-way audio-visual communication and asynchronous messaging), as defined by applicable law. Use of telemedicine services can result in benefits such as improved access to care and decreased exposure to community spread and person to person spread of illnesses. I acknowledge that use of telemedicine via the Service is adequate in establishing a valid provider-patient relationship and delivering the standard of care. Potential risks include gaps of failures in communication, complicating healthcare decision-making, notwithstanding reasonable efforts to ensure the quality and reliability of transmitted information. There may be limitations to image quality or other electronic problems that are beyond the control of the Practice and the Platform. Despite reasonable security measures, online communications can be forwarded, intercepted, or even changed or falsified without my knowledge. I understand that the laws that protect privacy and the confidentiality of medical information also apply to telemedicine. I understand and agree that during my telemedicine consultation, in addition to the Physician conducting the consultation, another Physician may be observing my consultation for training purposes. I fully understand, request, and agree to participate in telemedicine services.

Prescription & Recommendation Policy: I understand that there is no guarantee a prescription or recommendation will be given by a Physician. Physicians shall use their own discretion and professional judgment to prescribe and/or recommend medications and protocols, or certain other drugs which may be harmful because of their potential for abuse. Physicians reserve the right to deny care for actual or potential misuse of medical care and any associated prescriptions and recommendations. I agree that any prescriptions or recommendations that I acquire from a Physician or the Practice will be solely for my individual personal use. I agree to fully and carefully read all provided information and labels and to contact a Physician or pharmacist if I have any questions regarding the prescription or the recommendation.

For any therapies that are recommended, I understand that I have the full right to purchase these therapies from any source of my choosing. I acknowledge and agree that Fitpal Pro and its contracted physicians take no responsibility for the sourcing, quality, purity, or efficacy of any peptides, supplements, or protocols obtained independently from third-party suppliers.

FDA Approval Status

The treatment you might be receiving may have not been approved by the FDA to treat my condition. The treatment you might be receiving may not have been approved by the FDA to treat any condition. Even if the ingredients of the treatment are FDA approved, you acknowledge that compounded medication is not specifically FDA-approved due to its custom formulary nature.

Peptides and Wellness Therapies

I understand that certain therapies recommended or prescribed by the Practice may include peptides and wellness therapies that are not reviewed or approved by the U.S. Food and Drug Administration (FDA) at all for human consumption. These therapies may be considered experimental or used off-label. I acknowledge that I have been informed of this status and accept any risks associated with such therapies.

Off Label and No Label

When a drug or device is approved for medical use by the Food and Drug Administration (FDA), the manufacturer produces a “label” to explain its use. Once a device/medication is approved by the FDA, physicians may use it “off-label” for other purposes if they are well informed about the product, base its use on firm scientific method and sound medical evidence, and maintain records of its use and effects. Sometimes, Providers may also prescribe or recommend medications and protocols that are not approved by the FDA, and I acknowledge and assume any responsibility for using them.

Email, Phone, & Text Consent

If at any time I provide an email or telephone number(s) at which I may be contacted, I consent to receiving appointment reminders and other healthcare communications/information at that email and/or telephone number(s) from the Practice via email, text message, push notification, chat, and/or voicemail message. I agree that all agreements and consents can be signed electronically and all notices, disclosures, and other communications that the Practice provides to me electronically satisfy any and all legal requirements that such notices and other communications be in writing.

I understand that some of these messages may be sent using automated technology, that I may receive more than one message per day, and that message and data rates charged by my mobile carrier may apply. Consent to marketing text messages is not a condition of purchasing any Service. I may opt out of text messages at any time by replying STOP to any message, and may opt out of marketing emails using the unsubscribe link in any email or by contacting support@fitpal.com. Opting out may prevent the Practice from sending me appointment reminders, refill reminders or other care communications by that channel.

Duty to Inform

I also understand it is my responsibility to keep the Practice informed of the name and contact information of my primary care physician and treating specialists, of any diagnoses I have received, and of any treatments I have had or am now undergoing for current conditions.

Physical Exam Acknowledgment

I have had an annual physical exam with my primary care physician of record.

Alternative Approaches

As alternative approaches to my healthcare, the Practice encourages me to speak with and consider the advice of other physicians or appropriate healthcare practitioners regarding my overall care.

Miscellaneous

My Participation

I understand that I am responsible to disclose to the Practice all medication, care, treatment, diagnoses, and assessments that I receive elsewhere and am responsible to provide medical records from other providers to ensure that care is coordinated and compatible. Medical records can only be released with my authorization. I will need to obtain any records and/or labs that I would like the Practice to review.

Off-Label or Unapproved Use

I understand that the Practice may prescribe medications for uses other than those indicated by the drug manufacturer and approved by the federal Food and Drug Administration (off-label use). I understand that the Practice may recommend treatments for uses other than those indicated that are not approved by the federal Food and Drug Administration for human use of any kind, that are considered experimental. I voluntarily consent to all of these recommendations and prescriptions and have the ability to deny such recommendations. In such a case, no one can be fully aware of all possible side effects and complications.

The details of such off-label or non-approved use including expected benefits, material risks, and alternatives have been explained to me in terms I understand. I have informed or will inform the Practice of all known allergies, and of all medications I am currently taking via a health history questionnaire.

No Claims or Guarantees

I understand that the Practice makes no representations, claims, or guarantees that my medical problems or conditions will be cured, solved, or helped by undergoing treatment by the Practice.

Referrals

I understand that the Practice’s treatment may include recommendations that I seek other types of treatment from other health professionals who are not affiliated with the Practice. I understand that the Practice does not supervise these professionals and is not clinically or legally responsible for them. I understand that they are not the Practice’s employees and that they will bill separately for their services.

Assumption of Risk; Indemnity

I choose to receive care that may involve clinical innovation and/or may differ from conventional medicine. Accordingly, I knowingly, voluntarily, and intelligently assume all risks involved in the same.

As a result of my assumption of these risks, I agree to release, hold harmless, indemnify, and defend the Practice, the Physician, Fitpal Pro L.L.C., and all of their respective predecessors, successors, assigns, parent, subsidiaries, partners, employees, agents, officers, directors, representatives, attorneys, administrators, contractors, subcontractors, and/or consultants, and each of them (collectively, “Indemnitees”), from and against any and all claims which I (or my representatives) may have for any loss, damage, or injury arising out of or in connection with use of the treatments or services described herein. Further, I agree not to pursue a frivolous claim against any of the Indemnitees, merely because I am dissatisfied with the results of the above treatments or services.

Authorization for Limited Release of Protected Health Information

I hereby authorize the Practice and/or the Platform to send an electronic laboratory requisition to me via email at the email address I provided to the Practice for the purpose of helping to facilitate an optimal laboratory experience when I visit the laboratory. This authorization is in effect until I receive the requisition from the Practice via email, at which point it will expire. I authorize the use or disclosure of my individually identifiable health information as described above for the purpose listed. If I consent to this authorization to use or disclose information, I can revoke that authorization at any time. The revocation must be made in writing and will not affect information that has already been used or disclosed. I have the right to receive a copy of this authorization. I am signing this authorization voluntarily and treatment, payment, or my eligibility for benefits will not be affected if I do not sign this authorization.

I hereby authorize the Practice and/or the Platform to utilize redacted, deidentified or partial information of my PHI as needed to conduct normal business activities and any activities that could reasonably be defined as such. I have the right to withdraw permission for the release of my information. I further understand that a person to whom records and information are disclosed pursuant to this authorization may not further use or disclose the medical information unless another authorization is obtained from me or unless such disclosure is specifically required or permitted by law.

Policies

By signing this form, I acknowledge that, with respect to services rendered by the Practice or accessed through the Platform, I understand the following:

Prescription Products and Pharmacies

You will not be able to obtain a prescription product unless you have completed a consultation with a Provider and the Provider, in his or her independent professional judgment, has determined that the product is appropriate for you. Prescriptions are written to you personally and may not be shared, resold or transferred. Where a Provider issues a prescription, you may have it filled by a Pharmacy that Fitpal Pro or the Medical Group has contracted with, or by any pharmacy of your choosing. Some plans include the cost of medication dispensed by a contracted Pharmacy; if you choose another pharmacy, you are responsible for its charges. Fitpal Pro is not a pharmacy and does not dispense, compound or ship medication.

Laboratory Services

Where a Provider orders laboratory testing, the testing is performed by an independent Lab. Unless your plan states otherwise, laboratory fees are not included in your subscription and will be disclosed to you before you are charged. Results are returned to your Provider, who will review them with you through the Platform.

Third-Party Goods and Services

Your interactions with the Medical Groups, Providers, Pharmacies, Labs and any other third party in connection with the Services (“Third Parties”), including payment for and delivery of their goods or services and any other terms, conditions, warranties or representations associated with them, are solely between you and such Third Parties. Fitpal Pro is not responsible or liable for any loss or damage of any kind arising out of your dealings with Third Parties, and you agree that your sole remedy for any dispute with a Third Party is against that Third Party.

Cancellation Fee

You will only be charged after you are approved for a prescription or recommendation. You may cancel your order with no charge before your medical history forms are approved and notice is sent.

No Refunds after Order

The Practice or Platform does not offer any refund of any kind for orders that have been placed with the Pharmacy or with Third Party Suppliers. Each order is custom-made for each patient, which is why we cannot offer refunds once the order has been placed.

Payments, Recurring Payments, Subscriptions

I understand by providing your payment information to the Practice or Platform you authorize the Practice or Platform to charge or facilitate the charge of such payment information, including for automatic recurring payments, for all services and/or treatments. Certain services are offered on a subscription basis. For subscription-based services, your chosen payment method will be charged at regular intervals automatically as described for that service. You understand that when joining or signing up for subscription-based services, in which three months of products and/or medications are dispensed to you, you agree to be bound to at least a three-month subscription. If you cancel your subscription and/or terminate the payment method (and do not replace the payment method) for such subscription, you agree that you are responsible and obligated to pay for the remainder of the payments for such three-month subscription. Subject to the foregoing sentence, you may cancel a subscription at any time up to forty-eight (48) hours before the applicable monthly processing date of your subscription by emailing support@fitpal.com. You understand that the cost of services, including medications, are final and not refundable (except as otherwise set forth herein). You understand you will not receive refunds for any treatments or medications, including unused or unopened treatments and medications, unless otherwise set forth herein. You agree that the Practice or Platform may store any payment information that you provide for the purposes of recurring payments that you have chosen to participate in as part of any membership or subscription programs or plans.

If you are delinquent on any payments, the Practice or Platform reserves the right to discontinue services. The Practice or Platform may use third-party services for the purpose of facilitating payment and the completion of the purchases for services rendered by the Practice or Platform in conjunction with the services. By submitting your payment information, you grant the Practice or Platform the right to provide information to these third parties. You represent and warrant that (i) any payment information you supply is accurate, true, and complete, (ii) any charges incurred for services will be honored by your credit/debit card company or bank, (iii) you will pay all charges incurred by you including applicable taxes, and (iv) the payment card is in your name and you are authorized to use such card for purchases.

Cancellation

You may cancel your subscription at any time, subject to any minimum commitment described above, by emailing support@fitpal.com or through your account settings where available. Cancellations are processed within one (1) business day. Once your subscription is cancelled, your access to Providers, secure messaging and any further shipments of medication will end at the close of the period you have paid for. We may suspend or terminate your access to the Services at any time if you breach these Terms, provide false information, or if a Provider determines that continued treatment is not clinically appropriate.

Electronic Signatures and Acknowledgement

I agree that electronic signatures below or clicking a checkbox are the legal equivalent of manual signatures on this Agreement, and manifest consent to be legally bound by this Agreement’s terms and conditions.

Digital Records

Provider and Platform may store medical and office records digitally. While the Practice or Platform will make reasonable efforts to keep the data secure according to legal requirements, and maintains the privacy and confidentiality of patient data, I understand that no system is 100% secure. I agree that Fitpal Pro L.L.C. and/or the Practice or Platform may de-identify my information such that it is no longer considered protected health information or personally identifiable information and may convey, sell, transmit, or provide such de-identified information to third parties.

Office Insurance Practices and Patient Financial Responsibility

Payment

The Practice or Platform accepts credit cards only and is exclusively cash pay. I agree that the Practice or Platform may store any payment information that I provide for the purposes of recurring payments that I have chosen to participate in as part of any membership or subscription programs or plans. The practice and platform are under no obligation to provide backup information for the use of insurance reimbursement, participation in HSA/FSA plans, or any other reimbursement or tax-advantaged programs.

No Participation in Insurance Plans

The Practice or Platform is an out-of-network provider for services within this Practice; the Practice or Platform does not participate in any insurance panels and does not accept assignments from any insurance company. Consequently, I am responsible for payment in full and all charges as determined by the Practice or Platform.

No Responsibility To Determine Eligibility for Benefits

The Practice or Platform is not responsible for determining eligibility for benefits or for assisting me with collecting insurance benefits and has no responsibility to correspond with or telephone or email any insurer with which the Practice or Platform is an out-of-network provider.

My Financial Responsibility

I am financially responsible for any charges for services. I also agree to be responsible for costs and expenses, including court costs, attorney fees and interest, should it be necessary for the Practice or Platform to take action to secure payment of an outstanding balance.

Charges

The Practice or Platform may recommend additional specific products or services such as prescriptions, blood or urine tests, or supplements that may be additional costs.

Platform Access, Security and Restrictions

Your Account

To use most Services you must create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, and you agree to notify us immediately at support@fitpal.com of any unauthorized use. You may not share your account with anyone else or allow anyone else to use the Services under your account. Fitpal Pro may suspend or revoke your access at any time, with or without notice, for conduct that violates these Terms or that we reasonably believe is harmful to other users, Third Parties or Fitpal Pro.

Prohibited Conduct

You agree that you will not, and will not attempt to:

Access any part of the Platform, or any data, systems or networks connected to it, that you are not authorized to access, or probe, scan or test the vulnerability of the Platform or breach its security or authentication measures;
Use any robot, spider, scraper or other automated means to access the Platform or to collect Content or information from it;
Use the Services on behalf of anyone else, obtain a prescription for anyone else, or provide false information about your identity, location or health;
Interfere with or disrupt the Platform or the servers or networks connected to it, or introduce any virus, malware or other harmful code;
Copy, modify, distribute, sell, resell, frame or deep-link to any Content, or use the Platform or Content for any commercial purpose;
Harass, threaten or abuse any Provider, dietitian, pal, employee or other user; or
Use the Platform in any manner that violates any applicable law or regulation.

Violations of system or network security may result in civil or criminal liability. Fitpal Pro reserves the right, but has no obligation, to monitor use of the Platform and to investigate and take appropriate legal action against anyone who violates these Terms, including removing content and reporting violators to law enforcement.

Ownership; License to Use the Platform

Ownership

The Platform and all Content, including text, graphics, logos, images, video, software, page layouts and the Fitpal name and marks, are owned by Fitpal Pro or its licensors and are protected by United States and international copyright, trademark and other intellectual-property laws. Nothing in these Terms transfers any ownership interest in the Platform or Content to you.

Limited License

Subject to your compliance with these Terms, Fitpal Pro grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform and Content for your personal, non-commercial use in connection with the Services. Any other use of the Platform or Content, including reproduction, modification, distribution, republication, display or performance, without Fitpal Pro’s prior written permission is strictly prohibited and terminates this license. All rights not expressly granted are reserved.

Accuracy of Information; Links to Other Sites

Fitpal Pro attempts to ensure that the information on the Platform is accurate and current, but makes no warranty as to its accuracy, completeness or timeliness. General health, nutrition and fitness content on the Platform, including blog posts and program descriptions, is for informational purposes only and is not medical advice; only your Provider can give you medical advice. The Platform may contain links to third-party websites, apps and resources. Fitpal Pro does not control or endorse them, is not responsible for their content, privacy practices or security, and you access them at your own risk.

Information You Provide

You represent and warrant that you have the legal right to provide all information you submit through the Platform and that it is truthful, accurate and complete. You agree not to submit any information or material that is false, misleading, defamatory, obscene, threatening, infringing, unlawful or otherwise objectionable. Fitpal Pro may remove any such material at its sole discretion.

Claims of Copyright Infringement

Fitpal Pro respects the intellectual property of others. If you believe that any Content on the Platform infringes your copyright, please send a notice to support@fitpal.com, or by mail to Fitpal Pro L.L.C., Attn: Copyright Agent, 5 West 37th Street, Suite #726, New York, NY 10018, with the subject line “Copyright Notice” that includes: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it; (d) your name, address, telephone number and email address; (e) a statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner. We will respond to notices that comply with the Digital Millennium Copyright Act.

Disclaimer of Warranties

THE PLATFORM, THE CONTENT AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, FITPAL PRO DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT IS ACCURATE, COMPLETE OR CURRENT. FITPAL PRO MAKES NO WARRANTY REGARDING ANY MEDICAL SERVICES, PRESCRIPTIONS, MEDICATIONS, LABORATORY SERVICES OR OTHER GOODS OR SERVICES PROVIDED BY THE MEDICAL GROUPS, PROVIDERS, PHARMACIES, LABS OR OTHER THIRD PARTIES, OR THAT THE SERVICES WILL PRODUCE ANY PARTICULAR HEALTH, WEIGHT OR FITNESS RESULT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM AND THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FITPAL PRO, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE PLATFORM, THE CONTENT OR THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF FITPAL PRO AND ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM, THE CONTENT OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO FITPAL PRO FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS ($100). YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE PLATFORM OR THE SERVICES IS TO STOP USING THEM AND, WHERE APPLICABLE, CANCEL YOUR SUBSCRIPTION. THESE LIMITATIONS DO NOT LIMIT ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, AND DO NOT APPLY TO THE PROFESSIONAL LIABILITY OF ANY PROVIDER FOR THE MEDICAL SERVICES THEY RENDER TO YOU, WHICH IS GOVERNED BY THE ARBITRATION AGREEMENT BELOW AND APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Physician-Patient and Platform-User Arbitration Agreement

Article 1: Agreement to Arbitrate

It is understood that any dispute, including but not limited to disputes regarding medical malpractice (as to whether any medical services rendered under this contract were unnecessary, unauthorized, or improperly, negligently, or incompetently rendered) or any services, communications, advice, or transactions facilitated by or through the Platform, will be determined by submission to arbitration as provided by Wyoming law, or another state to which the Practice and its independent physician is licensed in at the time of care, and not by a lawsuit or resort to court process except as Wyoming law provides for judicial review of arbitration proceedings. Both parties to this contract, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury and instead are accepting the use of arbitration.

Article 2: All Claims Must be Arbitrated

It is the intention of the parties that this agreement bind all parties whose claims may arise out of or relate to treatment or service provided by the Practice and/or services or access provided through the Platform, including any spouse or heirs of the patient and any children, whether born or unborn, at the time of the occurrence giving rise to any claim. In the case of any pregnant mother, the term “patient” herein shall mean both the mother and the mother’s expected child or children. All claims for monetary damages exceeding the jurisdictional limit of the small claims court against the physician, the Practice, the Platform, and the Practice’s or Platform’s partners, associates, association, corporation or partnership, and the employees, agents, and estates of any of them, must be arbitrated, including, without limitation, claims for loss of consortium, wrongful death, emotional distress, or punitive damages. Filing of any action in any court by the Practice or Platform to collect any fee from the patient shall not waive the right to compel arbitration of any malpractice or service-related claim.

Article 3: Procedures and Applicable Law

A demand for arbitration must be communicated in writing to all parties. Each party shall select an arbitrator (party arbitrator) within thirty (30) days and a third arbitrator (neutral arbitrator) shall be selected by the arbitrators appointed by the parties within thirty (30) days of a demand for a neutral arbitrator by either party. Each party to the arbitration shall pay such party’s pro rata share of the expenses and fees of the neutral arbitrator, together with other expenses of the arbitration incurred or approved by the neutral arbitrator, not including counsel fees or witness fees or other expenses incurred by a party for such party’s own benefit. The parties agree that the arbitrators have the immunity of a judicial officer from civil liability when acting in the capacity of arbitrator under this contract. This immunity shall supplement, not supplant, any other applicable statutory or common law. Either party shall have the absolute right to arbitrate separately the issues of liability and damages upon written request to the neutral arbitrator.

The parties consent to the intervention and joinder in this arbitration of any person or entity which would otherwise be a proper additional party in a court action, and upon such intervention and joinder any existing court action against such additional person or entity shall be stayed pending arbitration. The parties agree that provisions of Wyoming law applicable to health care providers and service providers shall apply to disputes within this arbitration agreement.

Article 4: General Provisions

All claims based upon the same incident, transaction, or related circumstances shall be arbitrated in one proceeding. A claim shall be waived and forever barred if (1) on the date notice thereof is received, the claim, if asserted in a civil action, would be barred by the applicable Wyoming statute of limitations, or (2) the claimant fails to pursue the arbitration claim in accordance with the procedures prescribed herein with reasonable diligence. With respect to any matter not herein expressly provided for, the arbitrators shall be governed by the Wyoming Code of Civil Procedure provisions relating to arbitration.

Article 5: Retroactive Effect

If the patient or user intends this agreement to cover services or use of the Platform rendered before the date it is signed (including, but not limited to, emergency treatment), the patient should initial below:

If any provision of this arbitration agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and shall not be affected by the invalidity of any other provision.

Notice

BY SIGNING THIS AGREEMENT YOU ARE AGREEING TO HAVE ANY ISSUE OF MEDICAL MALPRACTICE OR ANY PLATFORM-RELATED SERVICES DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP YOUR RIGHT TO A JURY OR COURT TRIAL. SEE ARTICLE 1 OF THIS AGREEMENT.

General Provisions

Governing Law

These Terms, and any dispute arising out of or relating to them, the Platform or the Services, are governed by the laws of the State of Wyoming and applicable United States federal law, without regard to conflict-of-law principles, except that the medical services rendered to you by a Provider are governed by the laws of the state in which you are located at the time of care. Disputes are resolved as set out in the Arbitration Agreement above; to the extent a matter is not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Wyoming.

Changes to These Terms

Fitpal Pro may modify these Terms at any time. Changes are effective when the updated Terms are posted on the Platform, and the effective date at the top of this page will be updated. Where a change materially affects your rights, we will make reasonable efforts to notify you, for example by email or a notice on the Platform. Your continued use of the Platform or the Services after a change constitutes your acceptance of the updated Terms; if you do not agree, you must stop using the Services and may cancel your subscription as described above.

Force Majeure

Fitpal Pro will not be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, epidemics or pandemics, war, terrorism, civil unrest, labor disputes, government action, shortages of medication or supplies, failures of Third Parties, or failures of the internet, telecommunications or other infrastructure.

Successors and Assigns

Fitpal Pro may assign or transfer these Terms, and any of its rights or obligations under them, in whole or in part, without notice to you, including in connection with a merger, acquisition or sale of assets. You may not assign or transfer these Terms or your account without Fitpal Pro’s prior written consent, and any attempted assignment without consent is void. These Terms bind and benefit the parties and their respective successors and permitted assigns.

Entire Agreement; Severability; Waiver

These Terms, together with the Privacy Policy and any consents, plan descriptions or other terms presented to you when you purchase a Service, are the entire agreement between you and Fitpal Pro about the Platform and the Services and supersede any prior agreements. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force. Fitpal Pro’s failure to enforce any provision is not a waiver of its right to do so later. Headings are for convenience only.

Mobile Applications and Distribution Channels

If you download the Fitpal app from the Apple App Store, Google Play or another third-party distribution channel, your use of the app is also subject to that channel’s terms. The channel is not a party to these Terms, has no obligation to provide maintenance or support for the app, and is not responsible for addressing any claims relating to the app or your use of it. Fitpal Pro, not the channel, is solely responsible for the app to the extent set out in these Terms.

Notice for California Consumers

Under California Civil Code Section 1789.3, California residents are entitled to the following notice: the Platform and the Services are provided by Fitpal Pro L.L.C., 5 West 37th Street, Suite #726, New York, NY 10018, which may be contacted at support@fitpal.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Copyright and Trademarks

How to Contact Us

Questions about these Terms, the Services or the jurisdictions we serve can be sent to the contact details below. Fitpal Pro L.L.C. serves patients located in the following states and district: AL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, and the District of Columbia (DC).

Fitpal Pro L.L.C.

5 West 37th Street, Suite #726, New York, NY 10018

support@fitpal.com