Terms of Use

Introduction

FeelGood owns and operates its website (the “Site”). Your use of the Site, any part thereof, or anything associated therewith, including the services, features, content, and applications, together with the Site, are the FeelGood Services (“Services”) offered by FeelGood and its affiliated Medical Groups and Providers (as defined below). Any products or services provided through the Site or any affiliated website, software, or application owned or operated by or in collaboration with FeelGood are governed by these Terms of Use (“Terms” or “Terms of Use”). By accessing or using any of the Services, you agree to be bound by these Terms.

Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you (“you”), and FeelGood. These Terms of Use and the other terms and policies referred to herein govern your access to and use of the Site and Services. Even though you may have arrived at the Site or Services through a website or mobile application operated or controlled by a third party, you understand and agree that these Terms of Use are entered into between you and FeelGood. You agree that by accessing the Site or Services, you have read, understood, and agreed to be bound by all of these Terms of Use.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use and to the other terms and policies referred to herein (including, without limitation, the Privacy Policy) (the “Additional Terms”) at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use or the “Last Updated” date of such Additional Terms, as the case may be, and, except to the extent prohibited by mandatory applicable law, you waive any right to receive specific notice of each such change. It is your responsibility periodically to review these Terms of Use and the Additional Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use and in any revised Additional Terms by your continued use of the Site or Services after the date such revised Terms of Use or revised Additional Terms, as the case may be, are posted. If you disagree with these Terms of Use or any Additional Terms, your sole and exclusive remedy is to discontinue your use of the Site or Services.

Requirements for Use

You must have compatible computing and/or mobile devices, access to the internet, and certain necessary software to use the Site. Fees and data charges may apply to your use of the Site and the Internet.

Your Relationship with FeelGood

FeelGood does not provide any medical services, including via the Site. The Services may include access to one or more professional medical organizations (“Medical Groups” or “Groups”) who provide healthcare services (the “Healthcare Services”) through the Site. These Groups employ or contract with licensed medical providers and other clinicians (“Providers”) who offer certain Healthcare Services via the Site. All Providers who deliver Healthcare Services through the Site are (1) independent practitioners contracted or employed with affiliated Medical Groups that coordinate with FeelGood, and (2) solely responsible for the Healthcare Services you receive.

Accessing the Site does not create any patient-provider relationship. The Site is structured for use specific to certain Healthcare Services and are not, and should not, be considered, or used, as comprehensive medical advice, care, diagnosis, or treatment. In some cases, the Services may not be the most appropriate way for you to provide information to, communicate with, or seek medical care and treatment from a healthcare provider. For example, your Provider may determine that your diagnosis or treatment requires an in-person office visit or otherwise cannot be appropriately addressed through use of the Services. In such a case, you may be notified that you will be unable to use the Services for the particular issue for which you requested assistance, along with additional information regarding next steps.

To the extent the Services you seek require care by a licensed provider, all Healthcare Service consultations are provided by a Provider licensed in the state where you, the patient, are located, and are delivered via a secure platform that complies with the privacy and security standards established by the Health Insurance Portability and Accountability Act (“HIPAA”). Providers who provide Healthcare Services may provide diagnoses and prescribe medication, if clinically appropriate. Similarly, Providers may issue prescriptions both for controlled and non-controlled substances regulated by the federal Drug Enforcement Agency (“DEA”), encompassing both commercially available and compounded medications.

Independent Medical Judgment

FeelGood is not licensed to practice medicine and does not provide any healthcare service. FeelGood does not control or interfere with the provision of Healthcare Services provided by any Provider, which include medically trained clinicians and their affiliated Medical Groups, each of whom is independent from FeelGood and solely responsible for the healthcare service you receive. You understand and agree that FeelGood is not responsible for any Healthcare Service provided by a Provider or their Medical Group, including any personal injury or property damage. You further understand and agree that after reviewing your information, the Provider in their independent professional judgment, will determine whether to prescribe medication, other treatments, or, alternatively, recommend that you consult with alternative clinical resources.

Pharmacy Services

By accepting these Terms of Use, you additionally understand and agree that FeelGood is not acting as a pharmacy, nor does FeelGood control or interfere with any such services. By accepting these Terms of Use, you understand and agree that you may be entering into a relationship with a pharmacy, pharmacist, and/or pharmacy group or other such relationship with any one or more such third-party entities.

Electronic Communications

By accepting the Terms of Use, you agree and consent to FeelGood sending you disclosures, notices, messages, reports, and other communications electronically. It is your responsibility to monitor these communications. You agree that any notices, agreements, disclosures, or other communications that FeelGood sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. You acknowledge and agree that you will not hold FeelGood or any FeelGood affiliate liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications.

Prohibited Activities

FeelGood reserves the right to investigate, suspend and/or terminate your account if you misuse the Site or behave in a way that FeelGood regards as inappropriate or unlawful.

Proprietary Rights

FeelGood owns and retains all proprietary rights in the Site, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Site contains the copyrighted material, trademarks, and other proprietary information of FeelGood and its licensors.

Disclaimers

Limitation of Liability

Governing Law

This Agreement, and any dispute between you and FeelGood, shall be governed by the laws of the state of Iowa without regard to principles of conflicts of law. Any action shall take place in Polk County District Court, Des Moines, Iowa and you consent to said jurisdiction.

Indemnity

You agree to indemnify and hold FeelGood, its subsidiaries, and affiliates, subcontractors and other clients, including the Medical Groups and Providers, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site or Services in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth herein.

FeelGood reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Payments

You agree to pay all fees due for Services and Healthcare Services requested pursuant to all payment terms presented to you when engaging in transactions.

Your payments to FeelGood may include fees charged by the Medical Group(s), Provider(s) and pharmacy(ies) for Healthcare Services, which FeelGood collects on their behalf.

You may cancel your subscription at any time either by sending an email with your name and email address associated with the service to support@feelgoodmeds.com or contacting your provider directly.

Termination

FeelGood may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Services with or without prior notice, for any reason, and at any time.

After such termination, FeelGood will have no further obligation to provide the Services, except to the extent required under applicable legal obligations.

Entire Agreement

These Terms of Use, together with the Additional Terms, contains the entire agreement between you and FeelGood regarding the use of the Site.