Terms of Service

1. Agreement to Terms

By accessing and using the services provided by Heros Health, Inc. ("Heros," "we," "us," or "our") through our website at heroshealth.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, then you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

Heros provides an online telehealth platform connecting patients with licensed healthcare providers for consultation, diagnosis, and treatment of various health conditions including but not limited to:

• Men's health and erectile dysfunction treatment
• Weight management and obesity treatment
• Hair loss treatment
• Skincare and dermatological consultations
• Remote patient monitoring (RPM)
• Chronic care management (CCM)
• NAD+ therapy consultations

Our Service facilitates the delivery of healthcare services but does not replace the relationship between you and your healthcare providers.

3. Medical Disclaimer and Limitations

3.1 No Emergency Services

The Service is NOT intended for emergency medical situations. If you are experiencing a medical emergency, immediately call 911 or go to the nearest emergency room.

3.2 Licensed Provider Relationship

All medical consultations are conducted by licensed healthcare providers. The medical advice, diagnosis, or treatment you receive through our Service comes directly from these licensed providers, not from Heros itself.

3.3 Geographic Limitations

Our services are only available to residents of states where our healthcare providers are licensed to practice. Service availability may vary by location.

3.4 Prescription Limitations

Not all medical conditions can be diagnosed or treated through telehealth consultations. Our providers reserve the right to recommend in-person care when appropriate.

4. User Accounts and Responsibilities

4.1 Account Creation

To access certain features of our Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for safeguarding the password and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.

4.3 Age Requirements

You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that you are at least 18 years old.

4.4 Accurate Medical Information

You agree to provide accurate and complete medical information, including medical history, current medications, allergies, and symptoms. Providing false or misleading information may result in inappropriate treatment and poses serious health risks.

5. Privacy and Health Information

Your privacy is important to us. Our collection and use of personal and health information is governed by our Privacy Policy, which is incorporated into these Terms by reference. We comply with applicable healthcare privacy laws, including HIPAA, to protect your health information.

By using our Service, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

6. Payment Terms

6.1 Service Fees

Our Service fees are clearly displayed before you complete any transaction. All fees are non-refundable except as expressly stated in these Terms or required by law.

6.2 Subscription Services

Some services may be offered on a subscription basis. Subscription fees are charged in advance and will automatically renew unless cancelled according to the cancellation procedures outlined in your account settings.

6.3 Insurance

While we do not require insurance, we may work with your insurance provider for covered services. You are responsible for understanding your insurance coverage and any applicable copays or deductibles.

6.4 Third-Party Payment Processing

We use third-party payment processors to handle transactions. Your payment information is subject to the privacy policies and terms of these payment processors.

7. Prohibited Uses

You may not use our Service:

• For any unlawful purpose or to solicit others to take unlawful actions
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading medical information
• To obtain controlled substances inappropriately or for non-medical purposes
• To transmit or upload any material that contains viruses, trojans, worms, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment
• To attempt to gain unauthorized access to our systems or another user's account

8. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of Heros Health, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

9. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms.

If you wish to terminate your account, you may simply discontinue using the Service and cancel any active subscriptions through your account settings.

Upon termination, your right to use the Service will cease immediately. However, certain provisions of these Terms will survive termination, including but not limited to intellectual property rights, warranty disclaimers, indemnity, and limitations of liability.

10. Disclaimer of Warranties

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HEROS HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

11. Limitation of Liability

IN NO EVENT SHALL HEROS HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:

• Errors, mistakes, or inaccuracies of content
• Personal injury or property damage resulting from your access to and use of our Service
• Any unauthorized access to or use of our secure servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from our Service
• Any bugs, viruses, trojan horses, or the like
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Service

THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS.

12. Indemnification

You agree to defend, indemnify, and hold harmless Heros Health, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Service
• Your violation of any term of these Terms
• Your violation of any third party right, including without limitation any copyright, property, or privacy right
• Any claim that your use of the Service caused damage to a third party

13. Governing Law

These Terms shall be interpreted and governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between us concerning the Service.

By using Heros Health's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.