Michael Chan, MD, MS, RST, Inc., a Nevada professional corporation, including any board members, representatives, employees, contractors, agents, and affiliates ("Company," "Medical Group", "Practice", "Clinic", "provider", "provider's delegate", "we," "us," "our") provides its services to you ("you", "user", "patient", "intended patient", "responsible party") through its website, software, applications, communications, documents, and select electronic services from third party providers (collectively, the "Platform"), subject to the following Terms and Conditions ("Terms", "Terms of Service", "Company's posted Terms of Service", "related consumer disclosure").

1. Financial Responsibility

1.1. Payments and Charge Dispute Policy

1.1.1. Payment Guarantees

You or your responsible party ("Guarantor") hereby guarantee payment of all charges incurred.

1.1.2. Credit Card Usage, Charges, and Payment Processing

We accept U.S.-issued credit and debit cards only. Payments and purchases are processed through third-party vendors.

By signing a Credit Card Authorization form that includes details of a given payment card, you are putting the payment card on file in perpetuity, and you understand and agree to the Company's standard practice of card-on-file billing in a card-not-present environment. You agree to have any payment cards on file charged for the full cost of your appointment and any anticipated orders, up to several weeks before your next appointment, appointment package (bundled appointments), and/or subscription begins. This is the standard billing practice for all patients we follow, in order to secure your timeslot(s) for your upcoming appointment(s). Further, we reserve the right to charge a patient or patient’s responsible party using any credit card(s) on file for any funds or payments owed. Any charges we make to your card(s) on file for an upcoming appointment that occurs within 30 days (or in rare cases, up to 1 year) are valid, authorized by you in full in advance, and are not fraudulent. You may retrieve an itemized receipt associated with an appointment or charge in our Patient Portal.

It is your responsibility to request or make changes to your billing information and preferences before a card on file is charged. Once charges for an upcoming appointment are made using a card on file, they will not be reversed. If we are unable to successfully charge customer-provided credit card(s) for the full amount of funds or payments owed, then we will bill the patient or patient’s responsible party, and the funds or payments owed are due within 24 hours of the bill being sent.

You and your responsible party agree to refrain from initiating a payment on your own, whether online, through the Patient Portal, or by other means, unless we provide an expressly written agreement or approval of such payment in advance. We are unable to refund payments that are initiated by users, but if such payment was made by or on behalf of an established, active patient, we will treat the funds received as an account credit for the intended established patient: we will apply any funds received in full towards the established patient’s future appointments, orders, charges, and/or fees. If a user is not an established, active patient but has initiated a payment that was not agreed upon or approved in advance, we are unable to refund the payment, and will not provide account credit for a user.

If you or your responsible party do not have a payment card on file due to removing it, or requesting to remove it, we are unable to refund any previous payments. Any payments made previously will remain as account credit or be applied to any upcoming appointments and/or orders.

1.1.3. Credit Card Ownership and Payment Approval

By adding a payment card on file (“card on file”), you confirm that you are the primary owner of the card on file, are solely responsible for and guarantee all charges made on it, and authorize all charges made to the card prior to your upcoming appointment. If you are not the primary owner of the card on file, you confirm that you have received pre-approval in writing that 100% of any charges made on the card are valid, acknowledged, understood, approved, and guaranteed by the primary owner of the card on file. Further, you testify that, if you are not the primary owner of the card on file, it belongs to your responsible party, and you have previously officially designated them as your responsible party in your account with us. You agree that, if the owner of the primary card on file denies or disputes charges made on your behalf, or if any charges do not get made in full for payments you and/or your responsible party owe, that you will be 100% financially responsible for any charges, payments, and fees, and penalties owed, as determined solely by the Company.

For any card on file you and/or your responsible party designate, you and/or your responsible party pre-approve and guarantee any charges made to the card in order to cover any amounts owed to the Company on your behalf, in accordance with the Terms specified herein, irrevocably and in perpetuity.

You agree that if you provide us with a payment card that you do not have written pre-approval for, and/or that your responsible party does not authorize, any charges made by the Company to the payment card were made in error due to being misled by you, and the Company is to be held harmless against any repercussions. In this case, you and/or your responsible party may have committed fraud against the Company and the payment card owner(s). The Company has the right to pursue any legal action as a result. You and/or your responsible party are still fully responsible for any payments owed.

1.1.4. Financial Responsibility for Scheduled Appointments

By requesting, booking, confirming an appointment, and/or having an appointment confirmed, you agree to:

1.1.4.1. Prepayment Authorization

You agree to be charged in full for your next appointment or appointment subscription up to several weeks before it is scheduled to begin. This enables us to secure your upcoming appointment timeslot(s). It is under our sole discretion whether to honor any requests to refrain from charging for any appointments, services, subscriptions, orders, or medications until a specified date and/or time before an appointment or other time of service or delivery. Once a charge or payment is made before an upcoming appointment, subscription, order, or medication sent, it cannot be reversed or refunded.

1.1.4.2. Recurring Appointments

Following an initial appointment, you agree that all subsequent appointments shall recur every four 4 weeks (28 calendar days) thereafter, on the same day of the week and at the same time of day, unless otherwise mutually agreed in writing by the Company. In the event any appointment is rescheduled, all subsequent appointments shall be deemed amended to recur every 4 weeks (28 calendar days) from the rescheduled appointment date, on the same day of the week and at the same time of day, unless otherwise mutually agreed in writing by the Company.

1.1.4.3. Valid Payment on File

By adding any payment card on file, you authorize it to be charged in full for upcoming appointments, services, and/or outstanding payments due. If you do not remove your card from your file before it is charged for your upcoming appointment, any charges made are valid and not fraudulent. If you fail to specify a preferred, valid payment method before your card is charged for your upcoming appointment, and/or fail to change the preferred payment status of payment card(s) on file such that your preferred payment card is valid and can be charged for the full payment due, we are not responsible, and it does not change our rights to charge any of your payment card(s).

1.1.4.4. Medication Orders

You agree to be charged a deposit for the full projected cost of any weight loss medication order from a pharmacy partner(s) up to several weeks before any such order is confirmed, finalized, and/or shipped. Since we are charged for weight loss medications that are shipped to patients regardless of a patient’s ability to pay, this enables us to ensure that your payment is processed in full before we order medications that are shipped to you. If you want to request that charges for your medication are not made until your upcoming appointment, please email us your request at ml@captainmd.com a minimum of 2 weeks before potential charges are made; requests are not guaranteed to be honored. If during your appointment the cost of your medication order is for a lower amount than we charged you, or if you do not end up placing any medication order, the full amount charged will be assigned to your account as credit to be used for future appointment(s) and/or order(s) as long as you are an active patient.

1.1.4.5. Credit Card Authorization Requirement

You agree to have a Credit Card Authorization form with a valid credit card or form of payment on file with us at all times. If you do not maintain sufficient funds on your preferred and/or authorized payment card, we reserve the right to charge any other payment card on file. You cannot revoke authorization for a charge to your card after it has already been charged. Adding a card(s) on file does not automatically remove authorization of any other card(s) on file.

1.1.4.6. No Refunds Once Paid

You agree that you will not be refunded or reimbursed for any portion of the payment for any appointment, or pharmacy partner orders that have already been made for any reason.

1.1.5. Charge Disputes and Authorization Challenges

You acknowledge and agree that initiating charge disputes or authorization challenges related to completed appointments, rendered services, delivered orders, or incurred fees—without valid documented evidence of Company error or misconduct—can materially harm the Company’s business operations, reputation, and financial stability.

If you believe a charge has been processed in error, you must first notify the Company in writing at ml@captainmd.com, providing:
(a) A detailed explanation of the alleged error; and
(b) All supporting documentation that you contend proves you were charged incorrectly.

Upon receipt, the Company will make a good faith effort to investigate and, where appropriate, correct or resolve the matter. You agree to allow the Company a period of 5 business days to respond to and/or resolve the matter before potentially filing a charge dispute.

If you fail to provide supporting documentation that reasonably demonstrates an incorrect charge, you agree that any related charge dispute or authorization challenge shall be automatically resolved in favor of the Company and that you remain fully responsible for the charge.

You further acknowledge and agree that a written narrative or statement submitted to your bank or card issuer, without supporting documentation that contradicts the Company’s records, is not legally or financially verifiable, and does not constitute sufficient evidence of an incorrect charge. In any charge dispute or authorization challenge, you agree that the Company’s records and documentation—including, without limitation, electronic logs, invoices, receipts, service records, clinical notes, prescription and order records, consent forms, communications, and/or system records, which are automatically electronically timestamped—shall be deemed reliable and sufficient evidence of the validity of the charges. In such cases, you agree that the dispute shall be resolved in the Company’s favor. Further, you agree that are responsible for all related costs, fees, and chargeback amounts assessed to the Company as a result of any charge disputes you filed.

You acknowledge that charge disputes, including for completed appointments, services, orders, and/or for fees incurred, or if otherwise frivolous or wrongfully filed without documented proof of wrongdoing by the Company, can disrupt or negatively affect the reputation, finances, and operations of the Company.

If you suspect any incorrect charges or financial adjustments required, you agree to contact ml@captainmd.com with full details, documented proof of any incorrect charges, and any requests for resolution so that we may make our best attempt to address and/or resolve the matter with you, before potentially filing any charge disputes or related claims. Failure to follow the specified contact and resolution procedure before filing any charge disputes automatically invalidates the associated charge dispute claims filed, and means you agree that your charge dispute is false, hence the charge dispute should be resolved in the Company's favor and you agree to pay all costs associated with the charge dispute immediately to the Company.

1.1.5.1. Credit Card Authorization Form and Charge Approval

If you have signed a Credit Card Authorization Form, you authorize the associated payment card to be charged in advance in a card absent environment for any appointment fees, services, and orders associated with a scheduled, completed, missed (no show), or cancelled appointment. Any such charges are valid, and not fraudulent.

Your authorization of payments owed is in perpetuity unless you can prove in writing that you have:
A. Withdrawn approval of charging the associated payment card in advance of the charge being made
and
B. You have provided a different and valid payment card on file that has sufficient balance in order to cover 100% of the payment owed in advance of the charge being made.

- Authorization of card on file: By maintaining a payment card or other form of payment on file, you expressly authorize us to charge that card or payment method for any and all services, appointments, subscriptions, medications, or other charges associated with your care in perpetuity until you request to revoke its authorization in writing to ml@captainmd.com.
- Any dispute, claim, or chargeback alleging that you did not authorize charges to your card, or that we had no right to charge your card, will fail if (1) you or your guarantor placed that card or payment method on file, and (2) you did not first request in writing to change or revoke its authorization status while simultaneously maintaining a valid form of payment on file.
- Personal financial and/or card issues: Running out of funds, reaching credit limits, or other personal financial issues do not invalidate charges properly authorized and processed. You are solely responsible for ensuring sufficient funds and/or credit availability for payments due.
- If your appointment documentation indicates upcoming services with associated charges, but you later claim to have not authorized those services or charges, the charges remain valid and enforceable.
- If you have been provided the services listed in your appointment notes, as documented in timestamped clinical notes for that appointment, all associated charges are deemed approved and guaranteed by you and/or your guarantor, regardless of any subsequent claim to the contrary.

1.1.5.2. Mandatory Pre-Dispute Contact Requirement

Before initiating any charge dispute or chargeback with your bank or financial institution regarding a payment, you agree to first contact our Customer Service team to attempt to resolve the matter directly.

All inquiries or concerns regarding charges must be submitted in writing via email to ml@captainmd.com. You must provide a reasonable opportunity for resolution before pursuing a dispute through your financial institution.

Any charge dispute or chargeback initiated without prior written contact and a documented attempt to resolve the issue with our Customer Service team will be considered invalid and a breach of these Terms.

1.1.5.3. Charge Dispute Time Requirement

In the event that you initiate a charge dispute, we must receive it within 24 hours of the corresponding initial charge, payment, request for payment, invoice, or order submission being made. If we do not receive the charge dispute within that timeframe, the charge dispute is invalid and you will not receive any payment, refund, charge reversal, credit, or other compensation.

1.1.5.4. Invalid Charge Disputes

Charge disputes for appointments that were already scheduled and/or confirmed for a patient, and/or for orders that were already submitted to any pharmacy partner are not valid.

By agreeing to these Terms and submitting payment, you acknowledge and accept the following conditions regarding billing disputes and chargebacks:

Charge disputes (including chargebacks or payment reversals) are strictly prohibited and considered invalid in the following circumstances:
A. Signed Authorization: You have completed and submitted a credit card authorization form approving charges for services, medications, or products.
B. Completed Appointment: You received services during a scheduled and completed appointment.
C. Scheduled Appointment: You did not reschedule or cancel an appointment in the allowable timeframe. There are no refunds for such.
D. No Show Appointment: You did not attend an appointment that was scheduled. There are no refunds for such.

E. Duplicate Charge Claims: You claim a duplicate charge, but our records confirm that each charge corresponds to a separate, valid service, appointment, or transaction.

F. Medication Orders: You placed an order for a medication—verbally, electronically, or in writing—and later claimed you did not authorize it, despite documentation of your consent.

G. Product Delivery Disputes: You claim non-receipt of a product that was shipped, and we provide valid tracking information confirming delivery to the address you provided.

H. Late Appointment, Subscription, or Order Cancellations: You claim to have canceled a subscription but failed to do so within the required cancellation period as outlined in these Terms.

In any of the above circumstances, you agree not to initiate a charge dispute or chargeback with your financial institution. Doing so constitutes a breach of these Terms of Service.

If a chargeback is filed under any of these invalid conditions, the Company reserves the right to:

- Challenge the dispute with your bank or card issuer using all relevant documentation;

- Recover associated fees and administrative costs;

- Suspend or terminate your account and refuse future services;

- Pursue legal remedies, including collections, if necessary

We will not pay, refund, reverse charges, credit or compensate for any portion of such charge disputes.

To resolve any billing concerns, you must first contact our Customer Service team at ml@captainmd.com.. We are committed to resolving matters promptly and fairly when approached in good faith.

1.1.5.5. Submitted Pharmacy Orders

- Pharmacy orders and charges: Once we submit an order for a patient to a pharmacy partner, we are not responsible for any aspects of the order including: timely receipt, transcription, shipment, fulfillment, packaging, medication instructions, delivery, correction, cancellation, completion, completeness, quality, spoilage, loss, accuracy, substitution, stock issues, return, replacement, customer service, receipt by the intended recipient, impact of federal, FDA, state, local, or other applicable regulations or restrictions.
- We are not responsible for any payment charges made to you by third parties including pharmacy partners and other companies.

1.1.5.6. Administrative Fee for Disputes and Processing Costs

By accepting these Terms or receiving services/products from Company-affiliated providers, you agree:

• Prior Resolution Requirement: For any billing questions on your account (or accounts you're responsible for), you agree to first email ml@captainmd.com with full details and documentation. We will respond within 5 business days and work in good faith to resolve per our records, Terms, and applicable law(s).

• Administrative Fee if Requirement Not Met: Any payment dispute requires significant time from our staff to review, process, document, and respond to, and may incur additional merchant fees. If you initiate a payment dispute (chargeback) without proof of prior email resolution attempt (e.g., authentic timestamped receipt of email being successfully sent), and/or for scheduled or completed services and/or orders that were not revised, rescheduled, or cancelled in the agreed upon timeframe, you authorize a one-time fee that covers any merchant fees charged, plus a $100 administrative processing fee per dispute to cover the required staff time costs as documented. The dispute fee may be increased reasonably to cover all costs if justified, at a staff rate of $200 per hour spent on matters involving a dispute, plus any merchant fees and any other fees incurred. This fee applies only if timestamped documentation confirms the services and/or products associated with the charge(s) were submitted, initiated, processed, completed, shipped and/or delivered as agreed.

• Payment and Evidence: The fee is charged to your payment method post-dispute. If a dispute resolves against us but documentation proves validity (e.g., agreement to Terms, signed consent, signed Credit Card Authorization, completed intake form, timestamped doctors notes, timestamped prescription records and/or pharmacy records, order tracking number, delivery confirmation, appointment status, written communication), you agree to repay the original amount plus the admin fee within 30 days of our invoice. Late payments accrue standard interest. Unpaid dispute fees may be sent to collections and reported to authorities as applicable.

We comply fully with FCBA/EFTA dispute rights and No Surprises Act protections. This fee does not apply to good-faith disputes or billing errors.

1.1.5.7. Charge Disputes by Rightful Parties

You agree to not provide payment card information (payment card on file) for anyone other than yourself or a responsible party that you have designated in writing to the Company in advance. If you or your responsible party have provided us with a payment card that belongs to a party that has not provided the required authorization in advance, you have done so without our knowledge, and without our permission. This constitutes a breach of these Terms. If the cardholder of the payment card and/or their issuing financial institution denies, reports, or otherwise files a charge dispute on a payment claiming lack of awareness or approval, all associated fees and consequences are subject to the same terms herein, and you will hold the Company harmless.

1.1.5.8. Charge Dispute Responsibilities

You and/or your responsible party hold full and sole responsibility and liability for any consequences of the filing of a charge dispute on your behalf or related to services or products you have received or are intended to receive, including but not limited to:
- Charge dispute fees

- Late payment fees

- Payment processing fees

- Administrative fees

- Any costs

- Any damages

- Legal responsibility
- Patient discharge, and any repercussions of such

1.1.6. Agreement to Standard Cost of Products, Orders, Services, and Fees

You agree to the posted standard cost of products, orders, and services unless approved in writing by a Company representative. Some services, or portions of services, may be performed asynchronously by your provider as allowable by law. Costs are subject to change upon sole discretion of the Company without prior notice, and any changes are effective immediately.

1.1.6.1. Cost of Products, Orders, Services, and Fees

You agree to the following minimum treatment, order, and/or service costs and fees, which exclude any medication costs, and which may be pro-rated in 4-week increments if applicable upon sole discretion of the Company:

$199 Addiction treatment appointment including Opioid Use Disorder (OUD) / Suboxone treatment
$199 Standard ADHD treatment
$50 Advanced ADHD treatment add-on
$199 Anti-aging appointment
$199 Anxiety appointment
$150 Blood Test order
$199 Depression appointment
$150 Doctor's Letter
$100 Erectile Dysfunction appointment
$150 Extended medical management
$199 Hormone Replacement Therapy appointment
$199 Insomnia appointment
$150 Medical Authorization fee
$199 Mental Health appointment
$100 Prescription refill order appointment (excludes all other appointment types in this list)
$150 Primary Care appointment
$150 Prior Authorization fee
$250 Service initiation and/or service re-initiation fee
$199 Sleep Disorder treatment appointment
$199 Testosterone Replacement Therapy appointment
$150 Urgent Care appointment
$199 Weight Loss treatment appointment
$199 Other treatment, order, and/or service cost or fee

Costs and fees are associated with their respective treatment, order, and/or services under the sole discretion of the Company. A Company representative may revise or waive any costs and/or fees upon their sole discretion.

1.1.6.2. Pharmacy Partner Order Costs

If you are to receive an order from a third party pharmacy partner of ours, you agree to pay the following minimum amounts before your payment card is charged, unless specified in writing upon by a Company representative:
$275 - Semaglutide all doses (equivalent to 0.25-2.4mg dose or as otherwise specified (1 month supply)
$465 - Tirzepatide 2.5-7.5mg dose (1 month supply)
$475 - Tirzepatide 10-15mg dose (1 month supply)
$450 - NAD+ 1000mg (1 month supply)
$150 - Expedited order processing fee if requested by patient and required by Pharmacy Partner
$25 - Expedited shipping cost to protect the contents of the package if required by Pharmacy Partner

The minimum pricing is for reference only, and actual pricing may be higher. Prices are subject to change.

1.2. Fees and Refunds

1.2.1. No Responsibility for Third Parties

We are not responsible for the actions or practices of any third parties, third party partners, or any other businesses, entities, groups, or individuals other than those directly of the Company itself.

1.2.2. Refunds, Cancellations, and No Shows

1.2.2.1. Financial Responsibility for Missed or Cancelled Appointments

In the event of cancellations, no-shows, missed appointments, failure to reschedule an appointment at least 1 week in advance, or rescheduling the same appointment more than 3 times:
- We may charge the partial or full cost of any associated appointments, subscriptions, services, and/or orders at our sole discretion.
- We will not provide refunds or credits, whether partial or in full.
- We are not obligated to reschedule the appointment, or change the appointment status.

1.2.2.2. No Refunds After Completed Appointments or Issued Prescriptions

If your appointment has already been completed, you will not receive a refund. If you are unable to obtain or pay for medication(s) you were prescribed, follow through on your recommended course of treatment, be granted a prior authorization from your health insurance company, or obtain desired results, you will not receive a refund. If the pharmacy you asked us to send your medication(s) to does not fill your prescription for any reason, or if you do not receive medication(s) from them that you were prescribed, or otherwise expected to receive, you will not receive a refund.

1.2.2.3. Cancellation Policy and Written Notice Requirements

If a patient or patient's responsible party cancels an appointment or subscription less than 1 month before their next appointment or subscription commencement date, we are not obligated to provide refunds for any associated appointment, subscription, service, or order.

To cancel any upcoming appointments, you agree to notify us in writing over email a minimum of 1 month before your upcoming (next scheduled) appointment.

1.2.2.4. Appointment Continuity After Cancellations, Rescheduling, and No Shows

If you cancel or reschedule one appointment, but do not clearly specify that you want to cancel any other appointments by stating in writing words to the effect of "cancel my next appointment" or "cancel all future appointments", you accept that your future appointments (subscription) will continue, and you will be financially responsible for them. If you cancel or reschedule one appointment until further notice, you accept that your future appointments (subscription) will continue starting with your next appointment, and you will be financially responsible for them, unless you request a specific date and time for your next appointment.

If you have a no show (not show up for one or more appointments), your next scheduled appointment and/or subscription will continue in perpetuity until you cancel appointment(s) and/or subscription(s) in writing via email to ml@captainmd.com.

1.2.2.5. Rescheduling Fees and Limitations

If you request to reschedule an appointment that you missed, you are subject to a minimum $50 rescheduling fee. You will not be reimbursed for the missed appointment, even if you reschedule it.

If you reschedule the same appointment more than 3 times, we reserve the right to cancel your appointment, and you will not receive a refund.

1.2.2.6. Refund processing fees

For any refunds we provide, we reserve the right to subtract all processing fees associated with the charge(s) from the amount refunded.

1.2.2.7. Responsibility for Non-Adherence to Treatment Plan or Pharmacy Fulfillment

Non-adherence to treatment plan: If you seek treatment(s) or medication(s) that your healthcare provider deems unsuitable for you based on their medical discretion, they may recommend another treatment(s) that they deem suitable for you. You will not receive a refund if you disagree with, or do not follow through with, the treatment(s) or medication(s) recommended or prescribed by your healthcare provider. If the pharmacy you asked your prescription(s) and/or medication(s) to be sent to does not fill your order, prescription(s), and/or medication(s) for any reason, you agree to be responsible for all follow up actions you expect to happen or that need to happen, including checking the stock level at any pharmacy, and transferring your prescription to another pharmacy. Your healthcare provider is not required to modify your prescription or transfer it to another pharmacy.

1.2.2.8. No Show Policy and Provider Time Commitment

If a patient does not show up within 5 minutes of their scheduled appointment, it is considered a no show or missed appointment; the patient or patient's responsible party is still responsible for the full cost of the appointment. If a patient does not show up to their scheduled appointment, our services are still considered rendered in full due to the preparation, time, and services that are required of the provider for a scheduled appointment regardless of patient attendance. The patient or patient's responsible party will not receive a refund for any appointment, subscription, service, or order associated with an appointment that a patient did not show up for.

We may cancel any or all future appointments for a patient who has had one or more no shows (missed appointments).

1.2.2.9. Payment Failures

If a patient has not submitted a valid form of payment in an appropriate location on a Credit Card Authorization Form or our Patient Portal, if we are unable to process their payment using their card on file, or if the patient has removed all payment cards on file such that there are no valid forms of payment on file remaining, their appointment is considered a no show or missed appointment unless the patient has rescheduled or cancelled their appointment on time. Payment failures do not invalidate the patient's obligation to pay for the appointment.

We may cancel any or all future appointments for a patient who has not provided a valid payment card on file that we were able to successfully charge for a required payment (balance owed).

1.2.2.10. Intake Form Completion Requirements

We may cancel any or all future appointments for a patient who not filled out all patient intake forms we sent them in entirety. Failure to fill out all patient intake forms requested by the Company does not invalidate the patient's obligation to pay for the appointment.

1.2.2.11. Future Appointment Eligibility After No Shows

We are not obligated to allow someone who has one or more no shows (missed appointments) to have future appointments with us.

1.2.3. Payments Processing

We use third party service(s) to process and record payments. We are unable to control refund processing times and payments processing fees charged by third party services.

By having a payment card on file, being charged, submitting a payment, or having an outstanding balance owed, you agree to all applicable payment processing standards, fees, and charges as determined solely by the Company

We are not responsible for the actions or practices of any third parties, third party partners, or any other businesses, entities, groups, or individuals other than those directly of the Company itself.

1.2.4. Account Credits

We charge the price for each patient's upcoming appointment, service, and/or order that is determined in advance by the Company, and which is in effect in perpetuity until further notice. Should a billing and/or accounting error occur, you agree to provide proof of the amount you were billed or charged incorrectly within 24 hours of the original charge. We will make our best effort to adjust any billing and/or accounting errors within 4 weeks of receiving the proof. The full amount of any overcharges will remain on your account as a full credit (account credit) that is applicable to your future appointments, services, and/or orders. Account credits cannot be transferred or refunded.

If a patient or patient's responsible party decides to close their account with us, we will not refund or return any account credits associated with the patient's account.

Any account credit that exists on a patient's account will be applied to the patient's next visit(s), subscription(s), and/or pharmacy partner order(s) by default.

If a patient or patient's responsible party is not intending to close their account with us but would like for any portion of their account credit to be returned or refunded, we will subtract any processing fees and associated charges from the amount refunded or returned.

1.2.5. Refund Processing Time Requirement

In the event that you are to receive a refund from our practice, you agree to allow for a minimum of 60 days to have the funds processed and sent to you, excluding any time required by financial institutions, payment processors, and/or intermediary parties to process, display, and/or make available the refund or payment.

1.2.6. Prohibitive Cost of Medications

If the cost of any medications recommended or prescribed by your provider is prohibitive for you, we will not provide a refund for your appointment.

1.2.7. Late Payments

The following enables us to ensure timely care for our patients:
- If you have an upcoming appointment with us, you grant us with automatic and irrevocable permission to charge your card a minimum of 1 week before your appointment
- As long as you have an upcoming appointment with us, any requests or demands you make to not charge your card without your permission are null and void.

1.2.7.1. Service Fees for Late Payments

If you have requested that we do not charge your card without your permission and you have not provided a different and valid payment card, or we are unable to charge your card a minimum of 1 week before your upcoming appointment for any reason, you are subject to an additional service fee of $50.

If your card or payment method fails or if the payment is declined when charged for an associated appointment, service, and /or order, we reserve the right to (a) charge a late payment fee of $50, (b) cancel or reschedule your upcoming appointment(s), (c) cancel your order and/or (d) suspend your account until payment is secured.

1.2.7.2. Unpaid Balance Fees

Unpaid balances, including payments that are made after an appointment is completed, and payments that are made more than 48 hours after a pharmacy order has been billed to you, are subject to a $5 flat fee plus 2% compound interest per day.

Past-due balances never expire. All outstanding balances remain due in full, and accrue late fees, penalties, and collection costs in perpetuity until paid in full, regardless of whether you remain an active patient.

1.2.8. Debt Collection

1.2.8.1. Debt Collection Conditions

If you do not provide full payment within thirty (30) days of an original invoice, charge attempt, or other demand for payment related to appointment(s), order(s), subscription(s), and/or any other fees, we reserve the right, at our sole discretion, to:
- Send your account to internal collections or refer, assign, sell, or transfer your account to a third-party collections agency, attorney, or other representative for recovery;
- Charge additional processing fees, administrative fees, late fees, penalties, reasonable attorney’s fees, court costs, collection agency fees, interest, and any other costs or expenses incurred in enforcing payment;
- Report unpaid amounts to credit bureaus or other reporting agencies, which may negatively impact your credit rating or financial standing, and you expressly waive any claims against the Company for any resulting harm arising from such lawful reporting.
- All unpaid balances remain due in full until paid. Any past-due balance may, at our discretion, accrue interest at the maximum rate allowed by applicable law, in addition to any previously described late fees and penalties, and shall continue to accrue until all amounts owed are paid in full.
- You further agree that jurisdiction and venue for any dispute, enforcement action, or collection proceeding shall lie exclusively in the state and county in which the Company maintains its principal place of business, unless otherwise required by law.

2. Third Party Orders and Fulfillment

2.1. Pharmacy Partner Orders

We work with reputable pharmacy partners to help lower the cost of certain medications for our patients.

We serve as an intermediary between patients and pharmacy partners where we are solely responsible for:
- Submitting medication orders on behalf of patients to our pharmacy partners in an accurately and in a timely manner
- Paying pharmacy partners for medication orders they fulfill and send to patients by our request

We are not responsible for any other issues regarding pharmacy partner orders.

2.1.1. Patient Approval and Payment for Pharmacy Partner Orders

If we pay for the initial cost of a patient's order (including any applicable costs or fees) at a pharmacy partner of ours:
- The patient or patient's responsible party has authorized and agrees to be charged for all aspects related to the order, including medications, medical supplies, products, shipping and handling, and any applicable costs or fees.
- If your provider has sent a medication order on your behalf to a pharmacy partner, it confirms that you requested and approved the order, authorized payment for it, irrevocably.
- If your provider has written notes (doctor notes) during your scheduled appointment in our electronic health records (EHR) system, the existence, details, and timestamp of the notes confirm that you requested, attended, and agreed to pay for the appointment. Your provider's notes about your medical condition and any prescriptions are not written without your input.
- If your provider has written notes (doctor notes) during your scheduled appointment in our electronic health records (EHR) system about specific amounts of Semaglutide or Tirzepatide, but has not specified Mounjaro, Ozempic, Wegovy, and/or Zepbound either in the notes or in your prescription medication order that was sent to a pharmacy, you agree that it confirms you requested and approved any related or subsequent orders for compounded Semaglutide and/or Tirzepatide in the amounts specified by the provider, and authorized payment for the medication, irrevocably.
- The patient or patient's responsible party must pay us directly for all aspects of the order in full within 24 hours (1 calendar day) of us sending the associated prescription and/or order to the pharmacy partner with a valid form of payment, or we will cancel the order.
- We will not change, cancel, or refund the order or any applicable costs or fees on behalf of patient or patient's responsible party after we have submitted the prescription and/or order to any pharmacy partners.

2.1.2. No Responsibility for Pharmacy Partner Fulfillment

We are not responsible for lost, stolen, damaged, delayed, substituted, incorrect, or ineffective goods sent by a pharmacy partner or any third parties, and will not reimburse any portion of them, refund their cost, or replace them. We are not responsible for a pharmacy partner or any third parties meeting patient expectations regarding any aspect of the order such as delivery expectations, delivery timing, order communication, order tracking, product conditions, packaging, or quality.

2.1.3. Pharmacy Partner Order Completion

If a medication order is marked as delivered by a delivery company, the order is considered complete, even if you claim that you did not receive the order or that the order was stolen. The Company has no obligations to resolve the issue. You will not receive a refund or replacement.

2.1.4. Charge Disputes for Completed Pharmacy Partner Orders are Invalid

If an order from a pharmacy partner was delivered to you as ordered and requested by you (has proof of delivery), any charge disputes related to the associated payment or order are invalid, even if you claim:
- Order was not approved, not needed, made in error, cancelled, or incorrect
- Charge for the order was fraudulent
- Associated appointment was cancelled
- Delivery address (as shown on file with the Company and on the order) is incorrect
- Package was not received or stolen
- Package was delivered late

You agree that the proof of delivery is indisputable if we have evidence of or more of the following:
- Photo of the package delivered at your address
- Timestamp of the package delivery
- Address for the completed package delivery matches an address we have on file for you including shipping, billing, mailing, and/or home address
- Recipient name matches your name on file
- Delivered package details such as size, weight, and or shipping cost match the details of the package sent to you by a pharmacy partner
- Order details from a pharmacy partner including tracking number, medication type, medication quantity, and order timestamp being within 10 days of the patient's appointment and/ or payment for the order being processed

You agree that the Company has fulfilled all service and order fulfillment obligations for a pharmacy partner order if we have evidence of or more of the following:
- Prescriber notes (Doctor notes) - Timestamped doctor notes prove in writing that the order was requested and approved by you, including the time and details of the order
- Prescription order - Timestamped prescription order from your provider proves the order was requested and approved by you (such as during your scheduled appointment, or within 7 days of your payment for the order being processed)
- Receipt for the order including medication type and quantity serves as proof of purchase and proves the payment charge is associated with the order

2.1.5. Pharmacy Partner Issue Resolution and Customer Service

If you encounter an issue with an order from a pharmacy partner of ours, you must contact them directly to resolve the issue. We are unable to resolve issues related to medication preparation and filling, fulfillment, packaging, shipment, delivery, medication, and/or government regulation that involve a pharmacy partner.

2.1.6. Pharmacy Partner Order Cancellation

If the patient or patient's responsible party changes or cancels the order 24 hours (1 calendar day) or more after the order was submitted, we will not provide a refund for the order or any applicable costs or fees.

3. Appointments

By requesting, booking, confirming an appointment, and/or having an appointment confirmed, you agree to:

- Prepayment Authorization: Be charged in full for your next appointment or appointment subscription up to several weeks before it is scheduled to begin, in a card absent environment.
- Recurring Appointments: Following an initial appointment, you agree that all subsequent appointments shall recur every four 4 weeks (28 calendar days) thereafter, on the same day of the week and at the same time of day, unless otherwise mutually agreed in writing by the Company.

3.1. Appointment and Service Costs

Each appointment type, service, and/or order has associated costs and/or fees that are at the sole discretion of the intended patient's provider and which the patient's responsible party agrees to have sole responsibility for paying. As soon as any appointment is booked, price is quoted, or for a minimum of 1 month before the commencement of any appointment or subscription, whichever applicable duration is greatest, the responsible party agrees to pay all associated costs and/or fees for the appointment and/or subscription.

As solely determined by the Company, any appointment and/or subscription may have multiple associated appointment types, services, and/or orders that are considered discrete and have separate associated costs and/or fees; these may be aggregated into the same appointment and/or subscription. For example, if a patient has both an ADHD appointment and Weight Loss appointment, these are discrete appointment types with separate associated costs and/or fees, and both appointment types may be conducted during the same appointment and/or subscription at the sole discretion of the Company.

3.2. Multiple Services in One Appointment

We can accommodate multiple medical needs (appointment types or appointment reasons) in the duration of one appointment, but you agree to be charged for each service provided separately at the standard rate determined by the Company. You agree to be charged separately for different visit types during the same visit if we deem it applicable - for example, ADHD and Weight Loss each incur separate charges.

If you want us to address multiple medical needs for you, please have them addressed during the same appointment instead of booking multiple separate appointments.

3.3. Appointment Attendance Timeliness

We expect patients to be on time for their appointments, so that we can serve all of our patients. If you do not attend your appointment within 10 minutes of your scheduled appointment time, your appointment will be considered a missed appointment (no show).

Although expected to be infrequent, your provider may be late to your appointment by up to 1 hour due to busy patient schedules. If your provider is unable to conduct your appointment for any reason, we will reschedule your appointment.

If the duration of your appointment exceeds the original amount of time allocated for it by 1 minute or more, your healthcare provider may not be able to continue the appointment. If your healthcare provider agrees to extend the duration of your appointment by 1 minute or more, you may be subject to an additional fee that we determine.

3.4. Appointment Time and Date

You acknowledge that the time of your appointment is noted in PST (Pacific Standard Time) by default, unless otherwise indicated. Please convert the time of your appointment according to your local timezone. For example, an appointment time of "8am" means 8am PST / 9am MST / 10am CST / 11am EST. You are solely responsible for adhering to the correct time and date of your appointment accordingly.

3.5. Appointment Recurrence

You agree to have all of your appointments recur every 4 weeks in perpetuity starting with your first appointment, unless otherwise determined by your provider, and to be solely responsible for all associated appointment and order costs.

3.6. Appointment Rescheduling

You may reschedule appointments by messaging your healthcare provider a minimum of 48 hours before your next appointment. Appointments outside of this timeframe will not be rescheduled unless approved by the Company. We reserve the right to charge the full cost of any appointments that are not rescheduled within this timeframe regardless of your attendance. If you attempt to reschedule an appointment outside of this timeframe, do not receive approval, and do not show up for the appointment, your appointment attendance is considered a no show.

If we reschedule an appointment for you that you previously missed (no show), we reserve the right to charge an appointment rescheduling fee that is determined under the sole discretion of the Company.

In the event that we need to reschedule your appointment for a reason not related to your care, you will be notified of your new appointment date and time. We will aim to reschedule appointments during your healthcare provider's soonest available timeslot, or at a time we determine is best. If you are unable to make it to the appointment time we rescheduled for you, please notify us as soon as possible.

3.7. Prescription Responsibility

Patients are solely and entirely responsible for picking up, ordering, paying for, administering, and taking the medication(s) and prescription(s) sent to a pharmacy by their healthcare provider.

Patients who are unable or unwilling to pick up, order, pay for, receive, and/or administer or take their prescription(s) that were submitted by their healthcare provider will not receive a refund for any part of their appointment(s), subscription(s), prescription(s), medication(s), and/or order(s).

If you believe that your healthcare provider has not submitted a prescription for you that they promised to, or that your provider submitted your prescription information incorrectly, you have 48 hours to notify your provider, and/or the Company. If your provider and/or the Company deem it appropriate to, we will make a best effort to correct or submit the prescription, but we do not guarantee any results.

We are not responsible for incomplete or incorrect prescription fills by your pharmacy. If your pharmacy does not fill a prescription we submitted to them in part or in whole, if it has filled your prescription incorrectly, or if it has otherwise given you or sold you a medication that we did not prescribe, we are not responsible.

3.8. Prescription Availability

If your medication is not available to you, or if you otherwise do not receive your medication, we will not provide a refund for your appointment.

If you need to transfer your prescription to a different pharmacy than what you previously confirmed with us, please contact your original pharmacy directly. We are not obligated to transfer your medication(s) and/or prescription(s) to a different pharmacy.

If you have run out of or have lost any medications that were prescribed or ordered by your provider at the Company before your next appointment, we may not be able to take any action. It is under the sole discretion of your provider whether to take any action, or what action to take such as providing a prescription, replacement, documentation, doctors letter, or communications with any pharmacy, insurance provider, employer, third party, or other entity. Controlled substance medications in particular are highly regulated and monitored, and have strict medical and legal obligations that we honor regarding them.

3.9. Appointment Duration

Intended patients agree to any minimum and maximum appointment durations that their healthcare provider sets for them. If the intended patient exceeds the maximum appointment duration, they agree to allow their healthcare provider to end their appointment at their discretion and will not hold the Company or their provider responsible for any consequences. If the intended patient does not meet a minimum appointment duration that their healthcare provider sets for them, they accept that their provider may not be able to provide them with adequate care, and they will not hold the Company or their provider responsible for any consequences.

3.10. Patient Intake Form Completion Requirement

All patient intake forms that we send a patient must be completed in entirety, contain up to date and accurate information, and submitted to us before any appointment they have can begin. This includes the Credit Card Authorization Form. Patients are responsible for updating their information as requested on the Patient Intake Forms at all times, including before each upcoming appointment, while being an active patient of ours.

If we are unable to charge a patient's card on file (the payment card(s) we request from the patient on the Credit Card Authorization Form), and the patient has not updated their card on file before their appointment, we may change the patient's appointment status to "no show" as of the patient's appointment time.

3.11. Accuracy of Patient Information

We reserve the right to cancel appointments if intended patient information is not accurate or has been misrepresented. We will not provide a refund in this case.

3.12. One Patient Per Appointment

We serve a maximum of one patient per appointment. If you need appointments for more than one person, please book separate appointments for each person. If more than one patient is served during an appointment that was scheduled for one person, we reserve the right to charge you accordingly, for multiple appointments.

3.13. Attending Your Virtual Appointment

At the time of your scheduled appointment, please dial into your appointment by clicking the link here.

Our virtual appointments require patients to communicate using video and/or voice calling over the Internet. Patients must be on reasonably fast Internet connections during the entire duration of their appointments. If your healthcare provider is unable to hear and/or see you, please use a faster Internet connection, or use another device to dial in to your appointment link. If you are not able to use a sufficient unable to hear and/or see you after a reasonable attempt, we may cancel or reschedule your appointment.

If you get disconnected from your virtual appointment before it has concluded, we require that you attempt to dial back into your appointment immediately. If you do not successfully join and continue your appointment within five minutes of getting disconnected, we may cancel or reschedule your appointment. If you get disconnected from your appointment more than two times during the course of your appointment, we may cancel or reschedule your appointment.

If your healthcare provider gets disconnected from your virtual appointment before it has concluded, please remain in the appointment link until your healthcare provider dials back in. You are required to follow any instructions that we communicate with you regarding accessing your virtual appointment. If your healthcare provider is unable to reconnect to your virtual appointment, we may cancel or reschedule your appointment.

3.14. Minor Appointment Scheduling Policy

Minors under 18 years of age may not independently request, authorize, manage, or schedule medical appointments with the Company except as permitted by applicable law. Specifically:

- All appointments for minors must be requested, authorized, managed, or scheduled by the minor’s parent or legal guardian unless the minor is legally authorized to consent to specific healthcare services independently under state law (e.g., reproductive health, mental health, substance abuse treatment, emancipation).

- By scheduling an appointment for a minor, you represent and warrant that you are the parent or legal guardian authorized to do so.

- For minors aged 13 to 17 who may have statutory rights to consent to certain care, appropriate documentation and assent are required prior to scheduling as applicable by law.

Failure to comply with these requirements may result in cancellation of the appointment and/or denial of services.

4. Patient Results and Medical Disclaimers

4.1. Patient Results

The Company and healthcare providers do not guarantee patient results. Patients are responsible for following all medication instructions and guidance from their pharmacy and healthcare provider, and assume all risks related to treatments, medications, and services:

-Patient: Patients acknowledge that results or medical outcomes are not guaranteed and that individual responses to treatments and/or medications may vary.
-Patient: Patients are responsible for adhering to all medication limits, best practices, and instructions provided by the pharmacy from which they receive medications, prescriptions, or orders.
-Patient: Patients agree to follow all medication and administering instructions provided by the pharmacy and understand that the healthcare provider and the Company are not responsible for drug interactions, side effects, or other consequences arising from the use or administration of medications.
-Company: Healthcare providers use their medical judgment when treating patients; the Company and providers are not responsible for outcomes or patient satisfaction.
-Patient: If a patient experiences harm, negative health consequences, or is dissatisfied with any aspect of treatment, medical advice, guidance, prescriptions, medications, or services provided, the patient agrees not to hold the healthcare provider or the Company liable.
-Legal: Harm includes, but is not limited to, addiction, overdosing, improper use, side effects, drug interactions, impairment, bodily injury, cancer, death, and reputational, societal, or financial impacts.

4.2. Provider Licensing and Qualifications

Your provider is required to be fully and adequately licensed to practice in the U.S. state of your telehealth visit. For the full list of states approved for non-controlled substances, visit captainmd.com/about.

For more information about your provider's license(s) and qualifications, email ml@captainmd.com.

5. Prescription and Medication Use

5.1. Prescription Services

We may facilitate prescription delivery through partner pharmacies. Prescriptions, prescription changes, and prescription transfers are made and/or sent at the healthcare provider's discretion.

5.2. Prescription Requirements and Pharmacy Disclaimer

All prescribed products require a valid prescription by a licensed healthcare provider. We do not dispense medications directly, and are not affiliated with any pharmacies unless otherwise specified.

We are not able to provide a cost estimate for prescription medications that do not come from a pharmacy partner.

5.3. Controlled Substances Policy and Prescription Monitoring

This policy exists to protect patient safety, comply with legal and ethical standards, and prevent prescription misuse, diversion, and potential harm associated with controlled substances.

5.3.1. Prescription Monitoring

The Company complies with all federal and state regulations regarding the prescribing of controlled substances. As part of this compliance, your provider retrieves and reviews prescription drug monitoring program(s) prior to each potential or scheduled appointment that involves, or may involve, the prescribing or continuation of a controlled substance.

By scheduling or attending an appointment involving a controlled substance, or otherwise having received, potentially receiving, or planning to receive treatment including controlled substances by your provider, you acknowledge and consent to the Company conducting a prescription drug monitoring program review of your record. This ensures appropriate care and legal compliance.

5.3.2. Monitoring and Enforcement

According to the law, controlled substance medications include, but are not limited to: select ADHD medications, anabolic steroids such as testosterone, phentermine, Suboxone, Subutex, buprenorphine, select sleep medications, benzodiazepines, and opioids. View the complete and most up to date list of controlled substances here.

The Company reserves the right to verify prescribing histories and controlled substance records through prescription drug monitoring programs and other lawful means.

If prescription drug monitoring program data or other credible evidence indicates behavior consistent with doctor shopping, medication diversion, misuse, or deception, the Company may, at its sole discretion, decline to prescribe controlled substances or discharge the patient from care.

The Company’s decision to discharge or restrict treatment in such circumstances shall be final.

5.3.3. Single Prescriber Requirement

To ensure safe and lawful prescribing practices, patients agree not to obtain or attempt to obtain controlled substance prescriptions from any other prescriber or entity outside of the Company unless expressly authorized in writing by the Company. This requirement is in place to prevent “doctor shopping,” medication misuse, and duplicate or conflicting prescriptions.

5.3.4. Accuracy of Patient Information

By using our Platform and Services, you agree to represent all health, medical, personal, contact, and location information you provide with full accuracy.

5.3.5. Patient Responsibility and Cooperation

Patients are required to disclose all current medications, prescribing providers, and pharmacies used for any controlled substances at each appointment involving such medications. Failure to provide complete and accurate information, or evidence that controlled substances have been obtained outside the Company without prior written authorization, may result in the immediate suspension or termination of care.

Patients acknowledge and agree that any appointment involving the evaluation, initiation, or continuation of a controlled substance prescription may result in a maximum supply of up to thirty (30) days, and that no refills will be issued.

Providers may prescribe up to this maximum supply at a time. Patients may not pick up or receive any additional supply of the same controlled medication until at least thirty (30) days have elapsed from the date of the previous pickup from their designated pharmacy.

Each controlled substance prescription requires a separate appointment. Patients may receive no more than one (1) thirty-day prescription per appointment, per month for any given controlled substance.

The Company reserves the right to issue a smaller quantity or shorter duration of any controlled medication when required by law or regulation, or when, in the Company’s sole professional judgment, doing so is in the best interest of the patient’s health and safety.

5.3.6. Weight Loss Patients: Consumer Bill of Rights

Weight loss patients should make an informed decision to pursue weight loss using prescription medications by reading the following:

A. WARNING: Rapid weight loss may cause serious health problems. (Rapid weight loss is weight loss of more than 1.5 pounds to 2 pounds per week, or weight loss of more than 1% of body weight per week after the second week of participation in any weight loss plan.)
B. Only permanent lifestyle changes - such as making healthful food choices and increasing physical activity - promote long-term weight loss.

C. Consult your healthcare provider before starting any weight loss plan.
D. Qualifications of your healthcare provider are available upon request.
E. You have a right to:

- Ask questions about the potential health risks of any weight loss plan, and what your healthcare provider will support and educate you about.

- Know the price of treatment, including the price of any extra products and services (if applicable).

- Know the plan duration that is being recommended for you.

If you seek weight loss services from the Company, you agree that you have read and understood the relevant warnings and precautions, and personally and fully accept any consequences. You agree to hold the Company, its directors, employees, contractors, and affiliates harmless against any consequences related to or resulting from weight loss services. You are solely responsible for the use of any services and medication.

Weight loss patients must be a minimum age of 12 years old.

Florida weight loss patients:

You have read and agree to the Weight Loss Consumer Bill of Rights, and understand that you can access the latest version of it online. You are responsible for accessing the latest version. For your convenience, you can view a 2024 version here.

5.3.7. ADHD Treatment Services

The Company offers Standard ADHD Treatment Services, optional Advanced ADHD Treatment Services.

Definition of ADHD Service:
The Company’s ADHD service includes the evaluation, diagnosis, and management of ADHD as deemed appropriate by your provider, which may include the prescription of standard ADHD medications, follow-up visits, and other clinically appropriate interventions.

Standard ADHD Treatment Medications include:

- Amphetamine (Adderall)

- Lisdexamfetamine (Vyvanse)

- Methylphenidate (Concerta, Ritalin)

- Atomoxetine (Strattera)

Advanced ADHD Treatment Medications may include, but are not limited to:

- Guanfacine

- SSRIs

- Buspirone

6. Documentation Services

6.1. Prior Authorizations

Upon a patient's request and agreement, their provider will make an effort to obtain prior authorizations from the patient's healthcare insurance companies in order to lower the cost of certain medications. The Company is entitled to charge a fee for the service of attempting to obtain prior authorizations.

If your provider is unable to obtain a prior authorization for medication from a healthcare insurance company, or if you are not satisfied with a prior authorization we are able to obtain, you will not be refunded the prior authorization fee nor your appointment fee.

6.2. Doctor Letters

If you request a Doctor Letter, you agree to allow your healthcare provider to include within it any personal and health information they consider potentially helpful or necessary according to their professional judgment. You agree that the success of the Doctor Letter is limited by the information you provide us, and other circumstances outside of our control. You will not hold us accountable or liable for any negative repercussions of issuing a Doctor Letter. Doctor Letters are often provided within 48 hours of the associated appointment or payment, but may take up to 14 days. Doctor Letters will not be sent to you until the required payment for it has been made in full.

We cannot guarantee outcomes of any doctor letters we create for patients, including but not limited to a third party's approval, granting, or issuing of the following:
- Accommodation
- Emotional Support Animal
- Health Insurance Coverage
- Medical Approval, Assessment, Diagnosis, Excuse, or Necessity
- Medical Leave or Time Off
- Prior Authorization
- Reimbursement, Refund, Expense Qualification, or Payment
- Return to Work
- Sick Leave
- Travel Approval

7. Receipts, Reimbursements, and Insurance

7.1. Receipts

Active patients may directly access and download receipts for appointments, services, and orders by logging into the Patient Portal.

Some appointments, services, and/or orders may be eligible for reimbursement or as HSA or FSA expenses, however we cannot guarantee the success of any such attempts.

7.2. Insurance

We do not accept health insurance. However, patients are encouraged to use health insurance for the cost of their medications, and/or HSA or FSA reimbursement if applicable.

8. Patient Lifecycle Policies

8.1. Patient Classifications

"Patient's responsible party" is the intended patient or intended patient's legal guardian by default, and is effective as soon as the intended patient or their legal guardian submits an appointment request or agrees to an appointment for the patient. The intended patient's responsible party may be designated as a different financially responsible party if documented in the intended patient's Patient Intake forms.

"Intended patient" refers to someone who has requested, booked, or confirmed a doctor appointment with the Company.

"Established patient" refers to a patient that has completed one or more doctor appointments with the Company, and has completed and submitted all fields in the Patient Intake forms sent or requested by us, including but not limited to: Demographic Information, Credit Card Authorization Form, Telehealth Consent, and all other forms sent by us to the patient. An established patient must have a valid card on file that we have been able to successfully charge (process payment through) in full for their upcoming appointment, order, and/or other service or fee.

"Active patient" refers to an established patient who has an active account, and has one or more future appointments confirmed with CaptainMD. An active patient has not requested to cancel their future appointment(s), and/or to stop their medical treatment.

"New patient" refers to a patient who has an appointment scheduled but has not yet completed any appointments.

By booking an appointment or having future appointments scheduled with us, you acknowledge and agree that this action alone does not establish a patient-provider relationship.

8.2. Patient Discharge

8.2.1. Conditions of Patient Discharge

If you engage in any of the following actions, you indicate that you do not want to, or are unable to proceed with receiving medical treatment from any healthcare provider working for or affiliated with the Company, and are terminating any provider-patient relationship:

Failure to make a full payment or have a card on file charged before an appointment you have booked

- Have an outstanding balance owed for more than 1 day

- Block, prevent, or reverse charges for any payments or charges made

- Initiate a payment dispute, whether in full or in part, for payments or fees owed, services rendered, and/or orders made

- Missing one or more appointments (no show)

- Failure to fill out all fields within our Patient Intake Forms before an appointment

- Suspected violation of any aspect of our Terms and Conditions, Privacy Policy, Telehealth Consent, and/or any other signed documents or agreements

- Disregard of applicable laws and regulations

- Perceived coercion or antagonization of a provider for medications that they will not prescribe in adherence of applicable laws and regulations, and/or according to their professional judgment

- Any requests to be discharged as a patient are to be made by sending an email to ml@captainmd.com; by doing so, you agree to allow 90 days for your request to take effect

8.2.2. Results of Patient Discharge

As a result of any of the Conditions of Patient Discharge, you agree that:

- You may be discharged as a patient immediately and irrevocably.

- Being discharged as a patient does not constitute medical negligence by your provider or the Company.

- You may contact your provider in the event of an urgent or emergency medical situation for up to 3 weeks after the most r- cent appointment you attended successfully; otherwise, your healthcare provider is not obligated to provide further medical treatment to you.

- Depending on the circumstances of the patient discharge, we have the sole discretion to disallow or cancel any appointments you try to book or reschedule, with no refund.

- As of the time of patient discharge, any payment disputes and/or requests for refunds or credits are not valid.

8.2.3. Access After Patient Discharge

If you were previously an established patient, you understand that your provider is accessible to you for a reasonable period after discharge - for up to 3 weeks after the most recent appointment you attended successfully - in the following scenarios:
- Concerns or complications that require follow-up care immediately after being discharged
- Issues or complications with medications
- Care coordination with healthcare professionals for your transition
- Patient education
- Complication prevention

Following that period, your provider is no longer obligated to assist you with medical treatment.

8.3. Termination Rights

We reserve the right to terminate access to our services at any time without notice.

Effect of Termination: Upon termination, all rights to use our services cease.

9. Promotional Programs

9.1 Promotions and Discounts

Promotions are offered solely as marketing incentives and do not override any legal restrictions on the provision of services or products, including age-related requirements. The Company may, at its sole discretion, offer promotional programs, including but not limited to discounts, rewards, referral credits, and special offers (“Promotions”). All Promotions are voluntary and may be modified, suspended, or terminated by the Company at any time without prior notice.

Promotions do not constitute a lottery, sweepstakes, contest, game of chance, or any other form of prohibited or regulated inducement under federal or state law. No purchase or payment is necessary to participate in a Promotion unless explicitly stated and legally permissible.

9.1.1 Participation and Marketing Consent

By participating in, or attempting to participate in, any Promotion, you acknowledge and agree to receive marketing communications from the Company in accordance with our Marketing Communications Notice. Participation in any Promotion constitutes acceptance of these Terms and Conditions.

9.1.2 Eligibility

Promotions are available only to individuals who meet applicable age and legal requirements:
- Services, products, and promotional benefits are offered only to existing patients age eighteen (18) or older.
- The Company does not offer or sell services or products to individuals under the age of eighteen (18), except where expressly permitted by law and with verified parental or guardian consent.
- Any promotional benefits, discounts, or special pricing applicable to appointments for patients under the age of eighteen (18) shall automatically terminate and become null and void upon the patient’s eighteenth (18th) birthday. No further promotional benefits shall apply to any appointments, services, or products scheduled or rendered on or after that date.

9.1.3 Application and Redemption

Promotional benefits must be redeemed according to the terms of the Promotion and are subject to forfeiture, non-transferability, and applicability only to future services or products:
- Promotional discounts applicable to appointments are considered fully redeemed once the applicable appointment has been completed.
- If a patient cancels an appointment past the allowable cancellation period, or fails to attend a scheduled appointment to which a Promotion applies (“no-show”), the promotional benefit will be forfeited and will not be applied to any future appointment or transferred to another person.
- Promotions are valid only for future services or products and cannot be applied retroactively to prior purchases, services, or appointments, nor after the promotional period has expired.
- Benefits, discounts, or rewards cannot be divided, shared, transferred, assigned, or redeemed for cash or refunds.

9.1.4 Promotional Limitations

Promotional benefits are subject to limitations, eligibility requirements, and compliance with applicable laws. The Company retains full discretion over interpretation, modification, and determination of benefit eligibility:
- Promotional benefits (“Benefits”) are not provided in perpetuity and apply only for the period or number of uses expressly stated in the applicable Promotion.
- The Company reserves the right to interpret, modify, or terminate any Promotion, and to determine eligibility, qualification, and redemption at its sole discretion. All determinations made by the Company are final.
- Promotions are conducted in compliance with all applicable laws and regulations governing medical practices, including federal and state anti-kickback and anti-inducement statutes. Nothing in any Promotion shall be construed as offering compensation, reward, or inducement for the use or referral of healthcare services in violation of applicable law.
- In the event of a dispute regarding the rightful recipient(s) of a promotional benefit, the existing patient who can provide verifiable evidence that they were the first to qualify for the benefit will receive it in full. The Company’s determination of eligibility shall be final and binding.

9.1.5 Specific Promotion Rules – October 2025

Active patients who successfully refer a new patient will receive 50% off their next two baseline treatment appointments of the same type — up to $150 per referral. The new patient must complete their first appointment by Dec 31, 2025, mention the name of the referrer (active patient), and complete three appointments before the referrer receives their discount. Multiple referrals are allowed.

If an active patient is the parent or guardian of a child between the ages of six (6) and seventeen (17) and schedules appointments for the child, the active patient (parent or guardian) will receive a 20% discount on the baseline appointment type for their child, effective until further notice.

10. General Terms and Conditions

10.1. Acceptance of Terms

By using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use. If you do not agree, do not access or use the Platform. We reserve the right to modify these Terms at any time. Your continued use after changes constitutes acceptance of the new Terms.

10.2. Telehealth Consent

The standard of care for telehealth services is the same as for in-person medical encounters. Telehealth is considered a tool in medical practice, not a separate form of medicine.

By using our Platform and Services, you consent to having any appointments with your healthcare provider remotely through telehealth visits that are conducted via video and/or phone call. Patients with an appointment agree to consent to the latest version of our Telehealth Consent Form, which can be obtained by emailing ml@captainmd.com.

10.2.1. Telehealth and Medical Services Disclaimer

Telehealth services are provided for informational and educational purposes only, are not a substitute for in-person medical care, and users must provide accurate health information. The Company and its providers are not liable for any issues arising from the use of telehealth services:
- Telehealth services are not a substitute for in-person medical care and should not be used in emergency situations. You may be recommended to seek in-person care instead of, or in addition to, telehealth services if determined to be necessary.
- Telehealth services are intended for informational and educational purposes only and do not constitute professional medical advice, diagnosis, or treatment.
- Users are responsible for disclosing accurate, complete, and up-to-date information about their health during telehealth encounters.
- The website and any of its providers are not liable for any issues or risks associated with using, relying on, or acting upon the information provided through telehealth services.
- The telehealth service does not establish an ongoing doctor-patient relationship beyond the specific telehealth encounter.

10.2.2. Patient Location Requirements

Patients must accurately disclose their location for all telehealth appointments. Appointments may be limited or cancelled if the provider is not licensed for the patient’s location. Misrepresentation of location may result in denial of services or prescriptions.
- Patients are required to accurately and proactively disclose their current location before their telehealth appointment begins.
- Patients may not join a virtual appointment from any location other than their Primary Address on file with the Company.

- If a patient is located in a different state or country, or more than 50 miles away from their Primary Address, they must disclose this in writing to their provider before the appointment begins.
- If the provider does not hold adequate licenses for the patient’s current location, the appointment will be cancelled, and medications will not be prescribed.
- Telehealth appointments must take place at the Primary or Home Address on file with the Company.
- If at the time of the appointment the patient is not in the state or zip code specified for the telehealth visit, or not in the state or zip code where a prescription will be sent, the patient must inform their provider.
- The provider will not send prescriptions to an address where the patient is not currently located.
- Inaccuracy or falsification of location releases the provider from any responsibility or liability for repercussions.
- For questions regarding a provider’s license(s) or qualifications, patients may email ml@captainmd.com.

10.3. Consent to Treatment and Right to Refuse Service

By seeking the telehealth services we provide, you consent to medical treatment by a qualified medical professional (healthcare provider).

Your healthcare provider has the right to refuse telehealth services in certain situations based on their professional medical judgment, including when the patient's condition is not suitable for a virtual visit, the healthcare provider lacks the necessary expertise to treat the issue, a service or medication requested by the patient is deemed suboptimal, insufficient, or not appropriate, or if the patient's behavior is disruptive or impedes proper care. They will not refuse service based on discriminatory factors like race or disability.

Our services are solely held remotely through telehealth, and not in person, unless agreed upon in writing with the Company. We are not responsible for any misunderstanding regarding appointment locations.

10.4. Age Requirement

10.4.1. Platform Usage

You must be 18 or older in order to use our Platform.

10.4.2. Minor Patient Consent and Eligibility Policy

Patients must meet age requirements to use the Platform and receive services. Services for minors require parental or guardian consent and compliance with applicable laws.

-Patient: Users must be eighteen (18) or older to use the Platform.
-Patient: Patients under eighteen (18) years of age (“minor patients”) may not receive services without the express written consent of a parent or legal guardian who is at least eighteen (18) years old, unless permitted by applicable local, state, and federal laws and authorized by the Company.
-Patient: Minor patients may not book or attend appointments unaccompanied unless permitted by law and approved by the Company.
-Company: Medical and health information regarding minor patients may be disclosed to their parent or legal guardian upon request, if allowed by applicable local, state, and federal laws.
-Company: The Company does not provide services to patients under six (6) years of age.

10.5. Patient Communication Agreement

Patients hereby agree to the following terms regarding communication with their provider, customer support, Company representative, and other relevant parties:

10.5.1. Patient Portal Communication

You agree to:

a) Use the Patient Portal as the primary method of communication with your Provider for non-urgent matters, including but not limited to:

- Prescription-related inquiries

- Medication issues (e.g., stock issues, changing pharmacies, administering medication)

- Medication orders, non-urgent side effects and interactions

- Updates to your medication or medical history

- Communication if disconnected during an appointment

- Other matters as requested by your Provider

If the Patient Portal is not available to you after attempting to access it, you may retrieve any documents or records by contacting your provider or by sending your request to ml@captainmd.com.

b) Only use text messaging to contact your Provider for urgent medical issues when the Patient Portal is not accessible or appropriate.

10.5.2. Customer Support Communication

You agree to contact Customer Support at ml@captainmd.com for all non-medical matters, including:

- Financial issues (e.g., pricing, payments, charges, refunds, credits, subscriptions, membership cancellations, medication orders, charge disputes, receipts)

- Appointment scheduling (e.g., reminders, cancellations, rescheduling, no-shows)

- Documentation requests (e.g., patient intake forms, medical records)

- Technology support (e.g., accessing Patient Portal, joining telehealth appointments)

- General inquiries about services or the Company

10.5.3. Emergency Situations

You understand and agree that:
a) If you have an urgent medical issue and cannot reach your Provider via text message, you will seek immediate medical attention by calling 911 or going to the nearest emergency room.
b) For emotional support, call or text the National Mental Health Hotline at 988 (free and confidential).

10.5.4. Disallowed Communication

You agree to refrain from:
A. Calling your Provider's phone number, except in cases of urgent medical matters as specified above.
B. Text messaging, messaging, emailing, faxing, calling, leaving voicemails, or attempting to call your Provider outside of the Patient Portal, except in cases of urgent medical matters as specified above.
C. Emailing sensitive, personal, or private health information (PHI) protected by HIPAA, COPPA, and other applicable laws.

10.5.5. Marketing Communications Notice

When you create an account with the Company, you are automatically enrolled to receive marketing and promotional communications that may include product updates, special offers, and newsletters.

☒ I agree to receive marketing and promotional emails from the Company. I understand that I can opt out at any time by:
- Clicking the “Unsubscribe” link included in any marketing email we send
- Updating your preferences in your account settings, or
- Sending a request to ml@captainmd.com

Please note that even if you opt out of marketing messages, you may still receive transactional or service-related communications (such as order confirmations or account notifications). You acknowledge that your contact information will not be sold or shared outside of the Company. If you are the Parent/Guardian of a Minor under 13 years of age, you attest that you have not provided a Minor's contact information for marketing purposes.

10.5.6. SMS Terms and Conditions

10.5.6.1. Consent to Receive SMS Messages

By providing your mobile number and opting in, you expressly consent to receive SMS text messages from the Company for purposes that may include appointment reminders, patient care information, billing notifications, treatment follow-ups, and other healthcare-related communications.

Your consent to receive these messages is not a condition of receiving treatment or any other services from us. Message frequency will vary based on your interactions and healthcare needs.

10.5.6.2. Message and Data Rates

Message and data rates may apply from your mobile carrier. You are responsible for any charges incurred as a result of receiving SMS messages from us.

10.5.6.3. Privacy and Confidentiality

We take your privacy seriously. SMS messages may not be fully secure. While we make reasonable efforts to protect your information, you acknowledge that text messaging may pose privacy risks if others have access to your mobile device or carrier account.

We will not include detailed protected health information (PHI) in SMS messages unless you have provided explicit written consent as required under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

For more details on how we protect your PHI, please refer to our full Privacy Policy.

10.5.6.4. Opt-Out

You may opt out of receiving SMS messages at any time by replying STOP to any message we send you. After opting out, you may receive a final confirmation message to confirm your request has been processed.

If you wish to resume receiving SMS messages, reply START or contact us directly at ml@captainmd.com.

10.5.6.5. Help

For assistance with SMS messages, reply HELP to any message or contact us at ml@captainmd.com.

10.5.6.6. Supported Carriers

SMS delivery is supported by most major U.S. wireless carriers. We are not liable for any delays in message delivery or failures due to carrier issues or technical problems beyond our control.

10.5.6.7. Changes to SMS Terms

We may update these SMS Terms and Conditions at any time. Any changes will be effective immediately upon posting the revised version to our website at captainmd.com. Continued use of our SMS services constitutes your acceptance of the updated terms.

10.5.7. Other Communications

For all other matters not covered above, you agree to contact the Company via email at ml@captainmd.com.

10.6. Emergency Disclaimer

Our services are not appropriate for crises or emergencies. Patients are responsible for providing emergency contact information, disclosing relevant safety concerns, and understanding that providers may take necessary actions to ensure safety. Patients are responsible for any costs associated with emergency response.
- Emergencies: Use of the Company’s services is not appropriate for medical or mental health crises or emergencies. Patients should call 911 or go to the nearest emergency room in such situations. For emotional support, patients may call or text the National Mental Health Hotline at 988 (free and confidential).
- Emergency Contacts: Patients are responsible for providing and maintaining an up-to-date emergency contact (e.g., family member, community member, or other social support) who can assist in ensuring patient safety during a crisis.
- Disclosure of Safety Concerns: Patients are encouraged to disclose thoughts of self-harm, suicidal ideation, or other safety concerns to their healthcare provider during telehealth sessions. Failure to disclose may limit the provider’s ability to provide care and the patient assumes responsibility for any consequences.
- Provider Authority: If the provider determines there is an imminent risk of harm to the patient or others, the healthcare provider (or authorized Company representative) may take necessary actions, including contacting the patient’s emergency contact, emergency services (911), or other professional resources to ensure safety.
- Information Sharing: The patient authorizes their healthcare provider and/or delegate to release relevant information to the emergency contact and/or other professional service providers if deemed necessary.
- Welfare Checks: The healthcare provider and/or delegate may conduct welfare checks and contact 911, emergency services, ambulance, police, fire department, crisis and suicide hotlines, or other appropriate local resources.
- Costs and Liability: All costs and fees associated with emergency services are the responsibility of the patient and/or their responsible party. The healthcare provider, provider delegate, and Company are not liable for these costs or any outcomes resulting from emergency response actions.

10.7. Platform Description

Our Platform facilitates the marketing and sale of healthcare services by providers to patients. Users may be classified as "Patients", "Guests", or "Members" with different access levels.

10.8. User Responsibilities

As a user or patient, you agree to:

- Provide accurate registration information

- Maintain account confidentiality

- Comply with all applicable laws

- Not harass, demean, disrespect, provoke, threaten, yell at, abuse, or discriminate against other users, patients, staff, employees, healthcare providers, service providers, or any other parties or entities affiliated with the Company

- Not attempt unauthorized access to our systems and/or records

- Not interfere, tamper with, or attempt unauthorized use of any financial, legal, or documented matters associated with the Company or your account(s), including payment cards, transactions, payments, invoices, funds, bank accounts, bank transfers, software, data, records, and documents

- Provide an accurate representation of your identity (no impersonation or misrepresentation) at all times

- Update your health, medical, contact, emergency contact, and pharmacy information while being under our medical care

The violation of any of these rules constitutes a breach of these Terms, as determined solely by the Company. In the event of a breach and/or suspected breach of these Terms:
- Your access may be terminated immediately and permanently
- The Company reserves the right to pause, suspend, revoke, reverse, and/or cancel any refunds, account credits, rewards, appointments, prescriptions, services, medication orders, and/or any other matters associated with your account and/or the account of any party you are responsible for
- Any outstanding balances associated with your account and/or the account of any party you are responsible for are due immediately
- The Company may report any violations or related matters to authorities as applicable

10.9. Intellectual Property

All content on the Platform is owned by the Company and protected by copyright laws. You are granted limited, non-exclusive use of the Platform.

10.10. Privacy and Data Use

Your use is governed by our Privacy Policy. We may collect information as you use the Platform to improve our services. Any health data will be maintained in accordance with HIPAA, COPPA, and any applicable laws.

By using our Platform, you attest that you have read, understood, and agree to our Privacy Policy.

10.11. Third-Party Content

We are not responsible for third-party websites or content linked from our Platform. Use these at your own risk.

10.12. User Content

You are responsible for all content you upload. By uploading, you grant us a license to use it for operating and promoting the Service.

10.13. Patient Reviews and Testimonials

If you submit a patient review and/or testimonial to us or a third party partner of ours, you agree to allow us to publish the review in part and/or in whole to the public unconditionally and in perpetuity.

10.14. Availability of Services

Our Platform and Services may not be available in all states or outside the United States. For a list of states we serve patients in, visit captainmd.com/about.

10.15. Technical Issues

Our website, and third party services and software may experience technical issues from time to time. If technical issues prevent you from attending your appointment or accessing other important information or services, please let us know. We will do what is within our control to provide information and/or services to the best of our ability, however we are not responsible for errors or access limitations caused by third party services and software. If you are unable to access your appointment, please contact us immediately.

10.16. Disclaimer of Warranties

Our Platform and Services are provided "as is", without warranties of any kind.

10.17. Commercial Use

The Service is for personal use only. Commercial use requires express authorization in writing by a Company representative.

10.18. No Insurance

We are not an insurance provider. We do not accept insurance. Costs are charged directly to the appropriate individuals, guarantors, or parties.

11. Legal Terms, Disclaimers, and Limitations

11.1. Arbitration Agreement

By using our website or receiving services from our practice, you agree to the following binding arbitration terms:
Any dispute, claim, or controversy arising out of or relating to your use of our website, the services provided by our practice, or any aspect of your relationship with us, shall be resolved through final and binding arbitration. This includes, but is not limited to, claims of professional malpractice, breach of contract, or any other legal theory.

In the event of any dispute arising from or relating to our telehealth services, the parties agree to resolve the matter through final and binding arbitration. The maximum amount of any award or payout resulting from such arbitration shall be limited to the greater of: (a) $1,000 or (b) three times the total fees paid by the client for services within the 12 months preceding the dispute, not to exceed $5,000. This limitation applies to all claims, including but not limited to those for actual damages, punitive damages, and attorney's fees. The arbitrator shall have no authority to award any amount exceeding this limit. Both parties agree to waive any right to recover damages in excess of this limitation.

11.2. Key Terms - Arbitration

All disputes arising from or related to services provided by the Company shall be resolved through binding arbitration in accordance with the terms below. By agreeing to these terms, all parties waive the right to pursue claims in court, except to enforce the arbitration award.
- Administration: Arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time of filing.
- Arbitrator: Arbitration shall be conducted by a single neutral arbitrator selected from a panel with relevant industry experience.
- Venue: Arbitration shall take place in Las Vegas, Nevada, United States, which is the exclusive venue for resolving disputes.
- Finality: The arbitrator’s decision is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
- Applicable Law: The arbitrator must apply the substantive and procedural law of Nevada, including applicable statutes of limitations.
- Scope: This arbitration agreement applies to all parties involved, including the Company, its employees, agents, and affiliates.
- Class Action Waiver: The parties waive any right to pursue claims on a class, collective, or representative basis.
- Attorneys’ Fees: Michael Chan MD, MS, RST Inc. (operating as CaptainMD and captainmd.com) shall be entitled to recover reasonable attorneys’ fees and costs.

11.3. Important Notices

By agreeing to arbitration, you are waiving your right to a jury trial and to participate in a class action lawsuit.

Confidentiality of the arbitration proceedings and outcome is required to the fullest extent permitted by law.

11.4. Exclusions

This agreement does not apply to claims that may be brought in small claims court.

Claims involving intellectual property rights may be pursued in court at our discretion.

By continuing to use our website or receiving services from our practice, you acknowledge that you have read, understood, and agree to be bound by this arbitration agreement.

11.5. Indemnity and Release

Patients, users, and providers agree to indemnify the Company against claims arising from their use of our services.

11.6. Limitation of Liability

We are not responsible for or liable to individuals who are not active patients under the care of a healthcare provider who works for the Company. Our responsibility and liability is limited to the direct care of patients who under the care of a healthcare provider who works for the Company. If a patient is under the care of any providers outside of the Company, our liability is limited to care that is administered with demonstrated awareness, acknowledgement, and approval of the care provided outside of the Company.

Our total liability to a patient or patient's responsible party for any aspects related to usage of this website, content published on this website, advice provided, and/or medical care, is limited to the amount paid by the patient or patient's responsible party in the last month or $100, whichever is less. Otherwise, we are not liable for consequential damages arising from the use of our services.

11.7. Non Disparagement

By accepting these Terms, you agree that you will not disparage, denigrate, or speak negatively about any aspect of the Company or its representatives in any form or medium if you are later dissatisfied with the terms you have agreed to. This includes, but is not limited to:

- Verbal or written statements

- Online reviews or ratings

- Social media posts or comments

- Blog posts or articles

- Any other public or private communications

This agreement extends to all platforms and mediums, whether currently existing or developed in the future. You acknowledge that:

- You have voluntarily entered into this agreement

- This clause does not prevent you from providing factual feedback through appropriate channels

- Any violation of this clause may result in legal action to protect the Company's reputation, brand value, and/or revenue

You understand that this clause is intended to maintain a positive and constructive relationship between you and the Company, and to ensure that any concerns are addressed through proper channels.

11.8. Force Majeure

We are not liable for failures due to events beyond our reasonable control.

11.9. Validity of Terms

Starting with your initial access or use of our service(s) and/or product(s), you agree to be bound by these Terms and any future modifications or updates in perpetuity. We reserve the right to update or modify these terms at any time without prior notice. It is your responsibility to review the Terms for updates. The latest version of the applicable Terms is located at captainmd.com/terms.

We may change, modify, and/or remove any of the following at any time without prior notice:

- Functionality, access, communications, pricing, pricing models, payments, charges, fees, subscriptions, services, products, affiliates, partners, healthcare practices, posted information, and any terms and conditions herein.