Terms of Service

Effective date: [EFFECTIVE DATE]
Last updated: [LAST UPDATED DATE]

Please read these Terms carefully. Section 16 contains a binding arbitration agreement and class-action waiver that affect how disputes are resolved.

Summary

• Ora Health MD offers a cash-pay wellness membership with access to licensed physicians through telehealth, for adults located in Florida.
• The website is for information and sign-up only. It is not medical advice, and it is not for emergencies. If you have an emergency, call 911.
• Medical care starts only after a Practice clinician accepts you as a patient. Prescriptions are never guaranteed.
• Memberships renew automatically until you cancel. You can cancel any time from your account or by email.
• We do not bill health insurance.

1. Agreement to these Terms

These Terms of Service ("Terms") are a binding agreement between you and Ora Health MD, LLC (the "Company") and Ora Health MD, PLLC (the "Practice") (together, "Ora Health MD," "we," "us" or "our"). They govern your use of orahealthmd.com, our memberships, and related emails, texts and online tools (the "Services").

By using the Services, creating an account or buying a membership, you agree to these Terms, our Privacy Policy and, if you become a patient, our Notice of Privacy Practices and Telehealth Informed Consent. If you do not agree, do not use the Services.

2. Who provides what

• The Practice provides all medical services. Only licensed physicians and clinicians of the Practice make medical decisions, including whether to treat you and what to prescribe.
• The Company provides the website, membership administration, billing, scheduling and other non-clinical support. The Company does not practice medicine and does not control or influence any clinician's medical judgment.

3. Eligibility

To use the Services you must:

1. Be at least 18 years old.
2. Be physically located in Florida at the time of every telehealth visit.
3. Give accurate, complete and current information, including about your health when asked in the patient portal.
4. Use the Services only for yourself, not on behalf of another person.

We may refuse or end Services for anyone who does not meet these requirements.

4. Website content is not medical advice

Articles, program descriptions, category pages (such as sleep, strength, energy and vitality) and other website content are general education only. They are not medical advice, diagnosis or treatment, and do not replace an evaluation by a clinician. Results described on the website, including testimonials, are not typical or guaranteed. Individual results vary.

5. No emergency care

The Services are not for emergencies or urgent medical needs. If you think you have a medical emergency, call 911 or go to the nearest emergency room. Messages through the website, email, text or patient portal may not be read right away.

6. Medical services and telehealth

• Doctor–patient relationship. Visiting the website, paying for a membership or booking an introductory call does not create a doctor–patient relationship. It begins only when a Practice clinician completes an evaluation and accepts you as a patient.
• Clinical judgment. Your clinician decides, in their independent professional judgment, whether you are a good candidate for any treatment. They may decline to treat you, refer you elsewhere, or require labs, records or an in-person exam first.
• Telehealth. Care is delivered mainly by video, phone and secure messaging. Telehealth has limits: a clinician cannot physically examine you and technology may fail. You will sign a separate Telehealth Informed Consent before your first visit.
• Your primary care. Ora Health MD is not a replacement for a primary care physician. You agree to keep or establish a primary care relationship and to share relevant information with your other clinicians.
• Honest information. You agree to give complete and accurate health information, including all medications and supplements, and to tell your clinician about side effects or changes in your health promptly.

7. Prescriptions, labs and pharmacies

• No guarantee. Paying for a membership does not entitle you to any specific medication, dose or lab test. Prescriptions are written only when your clinician decides they are medically appropriate.
• Controlled substances. We may decline to prescribe controlled substances, or may prescribe them only in line with federal and Florida law, including any in-person visit requirements.
• Compounded medications. Some medications may be prepared by a licensed compounding pharmacy. Compounded drugs are not FDA-approved, which means the FDA has not reviewed them for safety, effectiveness or quality. Your clinician will discuss this with you.
• Pharmacies and labs. Pharmacies and laboratories are independent businesses. They set their own prices, shipping times and policies, and are responsible for filling, compounding, shipping and testing. Medication and lab costs are separate from your membership unless your plan clearly says otherwise.
• Follow directions. You agree to use any medication only as prescribed and not to share it with anyone.

8. Membership, fees and payment

• What's included. Each membership includes the services listed on its plan page at the time you join. We may change what future plans include; changes to your current plan take effect at your next renewal after notice (Section 9).
• Cash pay; no insurance billing. We do not bill Medicare, Medicaid or private health insurance. You are responsible for all fees. On request, we can provide a receipt (superbill) you may submit to your insurer, but we do not promise reimbursement. If you have Medicare or another government plan, you agree not to seek reimbursement from it for our services unless we tell you in writing that this is allowed.
• HSA and FSA. Whether a membership or service is eligible for HSA or FSA payment depends on your plan and tax rules. Check with your plan administrator.
• Payment. You authorize us and our payment processor to charge your payment method for the membership fee and any other charges you approve. Prices are in U.S. dollars and do not include separately billed medications, labs or shipping.
• Failed payments. If a payment fails, we may retry the charge, pause your membership, or suspend non-urgent services until the balance is paid. We will not stop communicating with you about urgent clinical issues because of non-payment.

9. Automatic renewal and cancellation

• Auto-renewal. Your membership renews automatically every month at the price shown when you joined, and your payment method is charged on each renewal date, until you cancel.
• How to cancel. Cancel any time from your account settings or by emailing care@orahealthmd.com with the subject line "Cancel." Cancellation takes effect at the end of your current billing period, and you keep access until then.
• Reminders. For plans of 12 months or longer, we will email you a reminder before renewal with the renewal date, price and how to cancel.
• Price changes. We will give you at least 30 days' notice by email of any price increase. The new price applies at your next renewal unless you cancel first.
• Cancelling your care. Cancelling your membership ends future billing. If you are taking medication we prescribed, talk with your clinician about safely stopping it or transferring care before your access ends.

10. Refunds

• Membership fees are non-refundable once a billing period has started, except as required by law or stated here.
• Not a candidate. If, at your first visit, your clinician decides you are not a good candidate for the program, we will refund that first membership fee in full.
• Medications and labs cannot be refunded by us once ordered. Pharmacy and lab refund policies apply.
• Chargebacks. Please contact us before disputing a charge with your bank so we can try to resolve it.

11. Accounts and communications

• You are responsible for keeping your login details private and for all activity under your account. Tell us right away at care@orahealthmd.com if you suspect unauthorized use.
• You agree to receive service messages (appointment, billing and account notices) by email, text or portal. Marketing texts are sent only with your separate consent, as described in our Privacy Policy. Reply STOP to opt out of texts.
• Do not send health information through the website, regular email or text. Use the secure patient portal for anything about your health.

12. Acceptable use

You agree not to:

• Give false information, impersonate anyone, or create an account for someone else.
• Obtain medication for another person, or resell or share any medication.
• Harass, threaten or abuse our clinicians or staff. We may end services for abusive conduct.
• Record visits without everyone's consent, as Florida law requires.
• Copy, scrape, reverse-engineer or interfere with the Services, or try to access accounts or systems that are not yours.
• Upload viruses or harmful code, or use the Services for any unlawful purpose.

13. Intellectual property

The website, the Ora Health MD name and logo, program materials, text, graphics and software belong to the Company or its licensors and are protected by law. We give you a limited, personal, non-transferable license to use the Services for your own non-commercial use. You may not copy, sell or create derivative works from our content without written permission.

If you send us feedback or ideas, we may use them without any obligation to you. If you give us a testimonial, we will publish it only with your separate written permission.

14. Third-party services

The Services rely on independent third parties, including our patient portal and electronic medical record vendor, payment processor, scheduling tools, pharmacies and laboratories. Their own terms and privacy policies apply. We are not responsible for their acts, omissions, availability or content, except as the law requires.

15. Disclaimers, limitation of liability and indemnification

Disclaimer of warranties. TO THE FULLEST EXTENT ALLOWED BY LAW, THE WEBSITE AND NON-CLINICAL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT PROMISE ANY PARTICULAR HEALTH OUTCOME, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.

Limitation of liability. TO THE FULLEST EXTENT ALLOWED BY LAW, ORA HEALTH MD AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL, ARISING FROM YOUR USE OF THE WEBSITE OR NON-CLINICAL SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM ABOUT THE WEBSITE OR NON-CLINICAL SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR $100 IF YOU PAID NOTHING.

Medical care carve-out. Nothing in these Terms limits or waives any right you have, or any duty of care owed to you, for professional medical services provided by Practice clinicians, to the extent Florida law does not permit such a limitation. Claims about medical care are governed by Florida's medical malpractice laws.

Indemnification. You agree to defend, indemnify and hold harmless Ora Health MD and its owners, officers, employees, contractors and agents from claims, losses and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, false or incomplete information you provide, your misuse of any medication, or your violation of any law or third-party right.

Some laws do not allow these limits. Where a law does not allow a disclaimer or limitation above, it applies only to the extent that law permits.

16. Dispute resolution and arbitration

• Talk to us first. Before filing any claim, email care@orahealthmd.com with a description of the issue. We will try in good faith to resolve it within 60 days.
• Binding arbitration. If we cannot resolve it, you and we agree that any dispute about these Terms, the website, memberships, billing or other non-clinical services will be decided by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, not in court. The arbitration will take place in Pinellas County, Florida, or by video if you prefer.
• Class-action waiver. You and we may bring claims only on an individual basis, not as a plaintiff or class member in any class, collective or representative action.
• Exceptions. Either party may bring an individual claim in small claims court, or seek a court order to stop infringement of intellectual property. Claims arising from medical care are not covered by this arbitration agreement and follow Florida's medical malpractice procedures, unless you sign a separate voluntary arbitration agreement for medical claims.
• Opt out. You may opt out of this arbitration agreement by emailing care@orahealthmd.com within 30 days of first accepting these Terms, with your name and the statement that you opt out of arbitration.
• Time limit. To the extent the law allows, any claim about non-clinical services must be brought within one year after it arises.

17. Governing law and venue

These Terms are governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-law rules. For any matter not subject to arbitration, you agree to the exclusive jurisdiction of the state and federal courts in Pinellas County, Florida.

18. Suspension and termination

You may stop using the Services and cancel your membership at any time (Section 9). We may suspend or end your access if you break these Terms, provide false information, fail to pay, act abusively, or if a clinician decides continued care is not appropriate. If we end clinical care, the Practice will give you reasonable notice and help with transferring your records as required by law. Sections that by their nature should survive (including payment, intellectual property, disclaimers, liability limits, indemnification and dispute resolution) survive termination.

19. Changes to these Terms

We may update these Terms. We will post the new version with a new "Last updated" date and, for material changes, notify you by email or on the website at least 30 days before they take effect. If you keep using the Services after that date, you accept the updated Terms. Changes do not apply to disputes already pending.

20. General

• Entire agreement. These Terms, the Privacy Policy, plan pages and any consents you sign are the entire agreement between you and us about the Services.
• Severability. If a court finds any part unenforceable, the rest stays in effect.
• No waiver. Not enforcing a provision is not a waiver of it.
• Assignment. You may not transfer these Terms. We may assign them in a merger, acquisition or sale of assets.
• Force majeure. We are not liable for delays caused by events beyond our reasonable control, such as outages, natural disasters, hurricanes or pharmacy shortages.
• Electronic communications. You agree that notices and agreements we provide electronically meet any legal requirement to be in writing.

21. Contact us

Ora Health MD
Email: care@orahealthmd.com