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Benthos Health

Legal

Terms of Use

Effective Date: September 17, 2026
Last Updated: September 18, 2026

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING INDIVIDUAL ARBITRATION PROVISION AND A CLASS ACTION WAIVER (SECTION 22) THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION. THEY ALSO LIMIT OUR LIABILITY TO YOU (SECTION 20).

1. Agreement to These Terms

These Terms of Use (the "Terms") are a binding legal agreement between you ("you," "your," or "User") and Benthos Holdings, Inc., a Delaware corporation doing business as Benthos Health ("Benthos Health," "we," "us," or "our"), governing your access to and use of the website located at www.benthoshealth.com, any successor or affiliated sites, and any related applications, content, tools, communications, and services we make available (collectively, the "Services").

By accessing, browsing, registering for, purchasing through, or otherwise using the Services, you acknowledge that you have read, understand, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree to these Terms, you must not access or use the Services.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

2. Eligibility

To use the Services, you represent and warrant that you:

  • are at least 18 years of age (or the age of majority in your state of residence, if higher);
  • are a resident of, and physically located in, the United States in a state where the Services are offered;
  • have the legal capacity to enter into a binding contract;
  • are not barred from receiving the Services under any applicable law; and
  • will provide accurate, current, and complete information about yourself and your medical history.

The Services are not directed to, and may not be used by, children under 18. We do not knowingly collect information from anyone under 18. If we learn that we have collected information from a person under 18, we will delete it.

We reserve the right to refuse the Services to anyone, for any lawful reason, at any time.

3. Important Medical Disclaimers — Please Read

3.1 We Are Not a Medical Provider

Benthos Health is a technology and administrative services company. Benthos Health does not practice medicine, nursing, pharmacy, or any other licensed profession, does not provide medical advice, diagnosis, or treatment, and does not dispense medication. Benthos Health operates a platform that facilitates communication between you and independent, third-party licensed healthcare providers ("Providers") and independent, third-party licensed pharmacies ("Pharmacies").

3.2 No Provider-Patient Relationship With Benthos Health

Using the Services does not create a physician-patient, provider-patient, or any other professional healthcare relationship between you and Benthos Health. Any such relationship exists solely between you and the Provider who evaluates you. Providers exercise independent professional judgment and are solely responsible for the medical services they render, including any decision to prescribe, decline to prescribe, or discontinue treatment.

3.3 Content Is Educational Only

All content on the Services — including articles, cost calculators, quizzes, comparisons, treatment overviews, and any AI-assisted or automated output — is provided for general informational and educational purposes only. It is not medical advice and is not a substitute for professional medical evaluation, diagnosis, or treatment. Never disregard professional medical advice or delay seeking it because of something you read on the Services.

3.4 Medical Emergencies

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY. DO NOT USE THE SERVICES FOR EMERGENCIES. The Services are not monitored on a 24/7 basis and are not designed for urgent or emergency care. If you are in crisis or thinking about harming yourself, call or text 988 (Suicide & Crisis Lifeline).

3.5 No Guarantee of Treatment, Prescription, or Results

Completing an intake, paying any fee, or being contacted by a Provider does not guarantee that you will be prescribed any medication or approved for any treatment. Providers may determine that a requested treatment is not clinically appropriate for you. Fees paid for a clinical evaluation or consultation are earned when the evaluation is performed and are not refundable if a Provider declines to prescribe.

We make no representation, warranty, or guarantee regarding weight loss, health outcomes, timelines, or results of any kind. Individual results vary widely and depend on factors outside our control. Any testimonials, before-and-after images, or results shown on the Services are individual experiences, are not typical, and are not a promise of your results.

4. Assumption of Risk — Medications and Treatment

You acknowledge and agree that all medical treatment carries risk, and that prescription medications — including GLP-1 and GLP-1/GIP receptor agonist medications such as semaglutide and tirzepatide — may cause serious side effects. These may include, without limitation: nausea, vomiting, diarrhea, constipation, abdominal pain, pancreatitis, gallbladder disease, kidney injury, hypoglycemia (particularly in combination with insulin or sulfonylureas), allergic reactions, changes in vision, delayed gastric emptying (which can present risks during surgery or anesthesia), injection-site reactions, and, in animal studies, thyroid C-cell tumors. Some medications are contraindicated for people with a personal or family history of medullary thyroid carcinoma or Multiple Endocrine Neoplasia syndrome type 2, and for people who are pregnant, planning pregnancy, or breastfeeding.

You agree that you will:

  • disclose your complete and accurate medical history, current medications, supplements, allergies, and conditions to your Provider, and promptly update that information;
  • read all medication labeling, medication guides, and instructions provided with any product you receive;
  • use any medication only as prescribed, only for yourself, and never share, resell, transfer, or redistribute it;
  • store and dispose of medication safely and in accordance with instructions;
  • inform your primary care physician and any other treating clinician of the treatment you receive; and
  • promptly report any adverse reaction to your Provider and seek emergency care where warranted.

You knowingly and voluntarily assume all risks associated with your use of the Services, with any treatment prescribed to you, and with any medication or product you receive, except to the extent such risk arises from our own gross negligence or willful misconduct and may not be disclaimed under applicable law.

4.1 Compounded and Non-FDA-Approved Products

Where the Services facilitate access to compounded medications, you acknowledge that compounded drugs are prepared by a licensed pharmacy for an individual patient, are not FDA-approved, and are not evaluated by the FDA for safety, efficacy, or quality. Compounded formulations may differ from commercially available brand products. Any decision to prescribe a compounded medication is made solely by your Provider based on their clinical judgment, and any decision to compound and dispense is made solely by the Pharmacy.

5. Relationship With Providers and Pharmacies

Providers and Pharmacies are independent third parties. They are not employees, agents, partners, or joint venturers of Benthos Health, and Benthos Health does not control, direct, or interfere with their professional judgment. Benthos Health does not receive payment in exchange for referrals, and any fees paid to Benthos Health are for technology, administrative, and support services only.

Benthos Health is not responsible or liable for the acts, omissions, advice, errors, negligence, malpractice, or professional conduct of any Provider or Pharmacy, or for the quality, safety, labeling, packaging, shipping, or effects of any medication or product they dispense. Any claim arising from clinical care or dispensing must be brought against the Provider or Pharmacy responsible for it.

Availability of Providers, Pharmacies, and specific treatments varies by state and may change or be discontinued at any time without notice.

6. Telehealth Consent and Informed Consent

By using the Services to obtain a clinical evaluation, you consent to receive healthcare services via telehealth, including by asynchronous message, questionnaire, secure messaging, telephone, or video. You understand that telehealth has limitations, including that a Provider may not perform a physical examination, may not have access to your complete medical records, and relies substantially on the accuracy of the information you provide. Technology failures, delays, and interruptions may occur. In some cases a Provider may determine that an in-person evaluation is required. Telehealth services may be delivered through a third-party platform operated by or for the Provider's professional entity, and your use of that platform may be subject to its own terms and privacy policy.

You may be asked to sign a separate informed consent, telehealth consent, or patient agreement with a Provider or clinical group. Those documents govern the clinical relationship; these Terms govern your relationship with Benthos Health. In the event of a conflict, the clinical documents control as to clinical matters only.

7. Accounts and Account Security

You may need to create an account to use certain Services. You agree to provide accurate and complete information, to keep it current, and to keep your credentials confidential. You are responsible for all activity that occurs under your account, whether or not authorized by you. Notify us immediately at support@benthoshealth.com of any unauthorized use or suspected breach.

We may suspend, restrict, or terminate your account at any time, with or without notice, for any reason, including suspected violation of these Terms, suspected fraud, misuse, chargeback abuse, or risk to any person.

You may not create an account using false information, impersonate another person, use another person's identity or payment method, or create an account on behalf of someone else who will be the actual patient.

8. Fees, Payment, and Authorization

8.1 Prices and Charges

Prices for the Services and for any products facilitated through the Services are displayed at the point of purchase and are subject to change. All amounts are in U.S. dollars and, unless expressly stated, are exclusive of taxes, shipping, and handling, which you are responsible for paying. You are responsible for all charges incurred under your account.

8.2 Payment Authorization

By providing a payment method, you represent that you are authorized to use it and you authorize us (and our payment processors) to charge that payment method for all amounts due, including recurring charges described below, and to store and update the payment credential. If a payment method fails, expires, or is declined, you remain responsible for the amounts owed and we may retry the charge, charge an alternate payment method on file, suspend the Services, or cancel your subscription.

8.3 Insurance

Unless expressly stated in writing, the Services are cash-pay only. We do not bill insurance, Medicare, Medicaid, or any other government healthcare program, and we make no representation that any amount you pay is reimbursable or eligible for FSA/HSA use. You are responsible for confirming coverage or reimbursement eligibility yourself. Fees for clinical evaluations and consultations are collected by Benthos Health as an administrative service on behalf of the independent professional entity or Providers who perform them.

8.4 Third-Party Processors

Payments are processed by third-party payment processors. Your use of those services is subject to their terms and privacy policies. We are not responsible for the acts or omissions of any payment processor.

9. Subscriptions and Automatic Renewal

PLEASE READ THIS SECTION CAREFULLY. IT DESCRIBES AUTOMATICALLY RENEWING CHARGES.

9.1 Auto-Renewal

Certain Services are offered on a subscription basis with automatic renewal. When you enroll in a subscription, you authorize us to charge your payment method on a recurring basis — monthly, quarterly, or at the interval disclosed to you at signup — at the then-current price, plus applicable taxes and fees, until you cancel. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. Some subscriptions include automatic refill and shipment of medication at the disclosed interval.

9.2 Cancellation

You may cancel at any time by visiting your account settings and selecting "Cancel Subscription" or by emailing support@benthoshealth.com. Cancellation takes effect at the end of the current billing period. You will retain access to the Services you have already paid for through the end of that period, and you will not be charged for subsequent periods. Cancellation does not entitle you to a refund of amounts already charged, and does not cancel an order that has already been placed, prepared, compounded, or shipped. To avoid a charge or a shipment, you must cancel at least two (2) business days before your renewal or refill date.

9.3 Price Changes

We may change subscription prices. We will give you advance notice as required by applicable law, and the new price will apply to billing periods beginning after the notice period. If you do not agree to a price change, your remedy is to cancel before it takes effect.

9.4 Trials and Promotions

Promotional pricing, discounts, and trial offers are limited-time, limited to one per person or household unless stated otherwise, may not be combined, and automatically convert to a paid subscription at the standard rate at the end of the promotional period unless you cancel first.

10. Refunds and Returns

All sales are final except as expressly provided below or as required by applicable law.

  • Medications and other prescription or personal-health products are non-returnable and non-refundable once shipped, for safety and regulatory reasons. Federal and state law prohibits the resale or redistribution of returned prescription medication.
  • Consultation, evaluation, membership, and administrative fees are non-refundable once the service has been rendered, including where a Provider determines that treatment is not appropriate for you.
  • If a shipment is lost in transit or arrives damaged, contact support@benthoshealth.com within seven (7) days of the delivery or expected delivery date and we will work with you and the Pharmacy in good faith on a replacement where appropriate.
  • Any refund granted outside this policy is a one-time courtesy in our sole discretion and does not modify this policy or create an obligation to grant future refunds.

10.1 Chargebacks

If you believe you were billed in error, contact us first at support@benthoshealth.com. Initiating a chargeback or payment dispute without first contacting us is a breach of these Terms. We reserve the right to contest any chargeback, to provide your transaction, account, and delivery records to the card network or processor as evidence, to suspend or terminate your account, to recover the disputed amount plus any chargeback fees and reasonable costs of collection (including attorneys' fees where permitted), and to refuse future service to you.

11. Shipping, Title, and Risk of Loss

Shipping timelines are estimates only and are not guaranteed. Delivery is performed by third-party carriers and Pharmacies, and delays caused by carriers, weather, supply constraints, regulatory action, or events outside our control are not our responsibility. Title and risk of loss pass to you upon the carrier's delivery to the address you provide. You are responsible for providing a complete, accurate, and secure shipping address and for retrieving shipments promptly, including temperature-sensitive shipments. We are not responsible for products damaged, lost, stolen, or degraded after delivery.

12. Communications, Email, and Text Messages

By providing your contact information, you consent to receive communications from us, Providers, and Pharmacies relating to your account, orders, care, and the Services, including by email, telephone, and SMS/MMS text message. Transactional and care-related communications are part of the Services and you cannot opt out of them while you maintain an account, though you may close your account.

Where you separately opt in, you consent to receive marketing calls and text messages, including messages sent using an automatic telephone dialing system or prerecorded or artificial voice, at the number you provide. Consent to marketing messages is not a condition of purchase. Message and data rates may apply; message frequency varies. Reply STOP to opt out of texts and HELP for help. You may unsubscribe from marketing email using the link in any such message.

You agree that calls with us may be monitored or recorded for quality, training, and compliance purposes, where permitted by law. You are responsible for notifying us if your phone number or email address changes; if you release a phone number, you agree to notify us so that we do not contact its new subscriber.

You consent to receive all notices, disclosures, agreements, and other communications from us electronically, and you agree that electronic delivery satisfies any legal requirement that such communications be in writing.

13. Privacy and Health Information

Our collection and use of information is described in our Privacy Policy. Information you share directly with Providers and Pharmacies in the course of clinical care is handled under their own notices of privacy practices. Benthos Health is not a healthcare provider, health plan, or healthcare clearinghouse, and based on our current arrangements we do not believe we act as a HIPAA business associate of the Providers in our clinical network with respect to the information we collect.

Do not transmit sensitive information to us through unsecured channels such as social media, public forums, or unencrypted email. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.

If you submitted your information through our referral page or early-access waitlist and would rather we didn't keep it, just email privacy@benthoshealth.com and we'll remove it.

14. Acceptable Use

You agree not to, and not to permit anyone else to:

  • provide false, misleading, or incomplete information, including about your identity, age, location, or medical history;
  • use the Services to obtain medication for anyone other than yourself, or to stockpile, divert, resell, or redistribute medication;
  • attempt to obtain a prescription by fraud, deception, or by using multiple accounts;
  • access the Services from outside the United States or from a state where they are not offered, or use a VPN, proxy, or false address to disguise your location;
  • copy, scrape, crawl, harvest, frame, mirror, or index any part of the Services, or use any bot, spider, or automated means to access them, except for a search engine's ordinary public indexing;
  • reverse engineer, decompile, disassemble, or attempt to derive source code from the Services;
  • interfere with, disrupt, overload, or attempt to gain unauthorized access to the Services, our systems, or any account;
  • upload or transmit malware, viruses, or harmful code;
  • use the Services for any unlawful, harassing, defamatory, abusive, threatening, obscene, or fraudulent purpose;
  • infringe any intellectual property, privacy, publicity, or other right of any person;
  • use the Services or any content from them to train, fine-tune, or develop any machine learning or artificial intelligence model without our prior written consent; or
  • use the Services in competition with us, or to build a similar or competing product or service.

Violation of this Section may result in immediate termination, forfeiture of any unused balance, and referral to law enforcement.

15. Intellectual Property

The Services, and all content, features, functionality, software, design, text, graphics, logos, images, video, data compilations, and the "Benthos Health" and "Benthos Holdings" names and marks, are owned by Benthos Health or its licensors and are protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your own personal, non-commercial use. No other rights are granted. All rights not expressly granted are reserved. You may not use our marks without our prior written permission.

16. Your Content and Feedback

If you submit, post, or transmit any content to us — including reviews, testimonials, photographs, survey responses, or messages that are not protected health information ("User Content") — you grant Benthos Health a worldwide, perpetual, irrevocable, royalty-free, fully paid, sublicensable, transferable license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that User Content in any media, in connection with the Services and our business, including marketing, without compensation or attribution to you. You represent that you own or control all rights in your User Content and that it does not violate these Terms or any law.

If you provide feedback, ideas, or suggestions, you agree we may use them for any purpose without restriction, obligation, or compensation to you.

We may, but are not obligated to, monitor, screen, edit, or remove any User Content at our sole discretion.

17. Third-Party Content, Links, and Services

The Services may contain links to, or content from, third-party websites, products, advertisers, or services. We do not control and are not responsible for the content, accuracy, availability, privacy practices, products, or conduct of any third party. Links are provided for convenience only and do not constitute endorsement. Your dealings with any third party are solely between you and that third party.

17.1 Advertising, Sponsorship, and Affiliate Relationships

Some content on the Services may be sponsored, or may contain affiliate or referral links through which we earn compensation if you click or purchase. Compensation may influence which products or services are featured, but does not influence any Provider's clinical judgment. Comparisons, rankings, cost calculators, and "best of" content reflect our editorial view and publicly available information at the time of publication, may be incomplete or out of date, and should not be relied upon as the sole basis for any purchase or treatment decision. Prices and availability shown for third-party products are estimates only and are not offers by us.

18. Changes to the Services and These Terms

We may modify, suspend, or discontinue any part of the Services at any time, with or without notice, and without liability to you.

We may revise these Terms at any time. When we do, we will update the "Last Updated" date above and, where required by law or where the change is material, provide additional notice. Your continued use of the Services after the revised Terms take effect constitutes your acceptance of them. If you do not agree, you must stop using the Services and cancel any subscription. Changes to Section 22 (Dispute Resolution) will not apply retroactively to any dispute of which we had actual notice before the change.

19. DISCLAIMER OF WARRANTIES

THE SERVICES, INCLUDING ALL CONTENT, PRODUCTS, AND MATERIALS MADE AVAILABLE THROUGH THEM, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

TO THE FULLEST EXTENT PERMITTED BY LAW, BENTHOS HEALTH AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS (COLLECTIVELY, THE "BENTHOS PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

THE BENTHOS PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES; THAT ANY CONTENT IS ACCURATE, COMPLETE, RELIABLE, OR CURRENT; THAT ANY DEFECT WILL BE CORRECTED; OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR HEALTH, WEIGHT, OR OTHER OUTCOME.

THE BENTHOS PARTIES MAKE NO WARRANTY REGARDING, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR, ANY MEDICAL ADVICE, DIAGNOSIS, TREATMENT, PRESCRIPTION, MEDICATION, OR PRODUCT PROVIDED OR DISPENSED BY ANY PROVIDER, PHARMACY, MANUFACTURER, OR OTHER THIRD PARTY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT CASE, SUCH WARRANTIES ARE LIMITED TO THE MINIMUM SCOPE AND DURATION PERMITTED BY LAW.

20. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BENTHOS PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR REPUTATION, OR FOR PERSONAL INJURY, EMOTIONAL DISTRESS, OR MEDICAL EXPENSES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, ANY CONTENT, ANY PRODUCT OR MEDICATION, OR ANY ACT OR OMISSION OF ANY PROVIDER OR PHARMACY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT THE BENTHOS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE BENTHOS PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO BENTHOS HEALTH IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND THEY ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WITHOUT THEM, THE SERVICES WOULD NOT BE OFFERED AT THE PRICES CHARGED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, INCLUDING FOR PERSONAL INJURY, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT. IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

21. Indemnification

You agree to defend, indemnify, and hold harmless the Benthos Parties from and against any and all claims, demands, actions, investigations, liabilities, damages, losses, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to: (a) your use or misuse of the Services; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; (d) any information you provide, including inaccurate, incomplete, or omitted medical information; (e) your use, misuse, sharing, resale, or diversion of any medication or product; (f) your User Content; or (g) any dispute between you and a Provider, Pharmacy, carrier, or other third party.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully. You will not settle any such matter without our prior written consent.

22. Dispute Resolution — Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND BENTHOS HEALTH TO RESOLVE DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION AND LIMITS THE WAYS YOU CAN SEEK RELIEF. IT AFFECTS YOUR RIGHTS.

22.1 Informal Resolution First

Before starting an arbitration or any proceeding, you agree to first send a written Notice of Dispute to support@benthoshealth.com and to Benthos Holdings, Inc., 6903 Rockledge Drive, Suite 1250, Bethesda, MD 20817, describing the nature of the claim, the specific relief sought, and your account information and contact details. We will send any Notice of Dispute to you at the contact information on your account. The parties agree to negotiate in good faith for sixty (60) days after the Notice is received. This informal process is a condition precedent to starting arbitration, and the applicable statute of limitations and any filing-fee deadlines are tolled during it. Either party may, at its option, request an individualized telephone or videoconference settlement conference during this period, and the other party will participate in good faith.

22.2 Agreement to Arbitrate

If the dispute is not resolved within sixty (60) days, you and Benthos Health agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, any content, any transaction, any communication (including telephone and text-message claims), or the relationship between us — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after the termination of these Terms — will be resolved exclusively by FINAL AND BINDING INDIVIDUAL ARBITRATION, and not in a court of law.

This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16), which governs its interpretation and enforcement.

22.3 Arbitration Procedure

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (available at www.adr.org), as modified by these Terms. If AAA is unavailable or unwilling to administer, the parties will agree on an alternative administrator or, failing agreement, a court of competent jurisdiction will appoint one.

  • The arbitration will be conducted by a single arbitrator.
  • The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
  • Unless the parties agree otherwise, any in-person hearing will take place in the county of your residence; you may also elect to proceed by documents only, telephone, or videoconference.
  • Payment of filing, administration, and arbitrator fees is governed by the AAA rules, subject to any applicable fee-shifting or hardship provisions.
  • The arbitrator may award any relief available to an individual party in court, but may not award relief on a class, collective, consolidated, or representative basis, and any relief must be limited to that party.
  • The arbitrator, and not any court, has exclusive authority to resolve threshold questions of arbitrability, scope, and enforceability, except that a court has exclusive authority to decide the enforceability of the Class Action Waiver in Section 22.4.

22.4 Class Action and Jury Trial Waiver

YOU AND BENTHOS HEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

YOU AND BENTHOS HEALTH ALSO WAIVE ANY RIGHT TO A TRIAL BY JURY with respect to any dispute that proceeds in court for any reason.

If this Class Action Waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and litigated in court under Section 22.9, and all other claims will remain in arbitration. The Class Action Waiver is not severable from the rest of Section 22 with respect to claims that may be arbitrated on an individual basis.

22.5 Mass and Coordinated Filings

If twenty-five (25) or more similar demands for arbitration are filed against Benthos Health by or with the assistance of the same law firm or coordinated group, the parties agree the demands will be administered in staged batches of no more than fifty (50) at a time, with a single arbitrator per batch, and that AAA will treat each batch as a single case for fee purposes. All limitations periods are tolled for demands awaiting a batch. This provision is intended to promote efficiency and does not waive any party's rights.

22.6 Your Right to Opt Out

You may opt out of this arbitration agreement. To do so, send written notice within thirty (30) days of the date you first accept these Terms to support@benthoshealth.com with the subject line "Arbitration Opt-Out," including your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms or your use of the Services. If you do not opt out within 30 days, you agree to be bound by this Section.

22.7 Small Claims and Injunctive Relief

Either party may bring an individual action in small claims court in a court of competent jurisdiction if the claim qualifies and remains in that court on an individual basis. Nothing in this Section prevents either party from seeking temporary injunctive relief in a court of competent jurisdiction to protect intellectual property, confidential information, or to prevent unauthorized access to the Services, pending arbitration.

22.8 One-Year Limitations Period

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED.

22.9 Governing Law and Forum for Non-Arbitrable Claims

These Terms and any dispute arising out of them are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs Section 22 and except where the mandatory consumer-protection law of your state of residence provides otherwise. For any dispute not subject to arbitration, you and Benthos Health consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware, and waive any objection based on inconvenient forum.

22.10 Survival

This Section 22 survives termination of these Terms and your account.

23. Termination

You may stop using the Services at any time and may cancel your account by contacting support@benthoshealth.com. We may suspend or terminate your access to the Services, or any part of them, at any time, for any reason or no reason, with or without notice, and without liability to you.

Upon termination: your right to use the Services immediately ceases; you remain responsible for all amounts accrued before termination; and Sections 3, 4, 5, 10, 15, 16, 19, 20, 21, 22, and any other provision that by its nature should survive, will survive.

We may retain records as required by applicable law, including medical and pharmacy records maintained by Providers and Pharmacies under their own retention obligations.

24. Force Majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, drug shortages or supply-chain disruption, manufacturer or pharmacy failures, carrier delays, utility or internet outages, cyberattacks, or changes in law, regulation, or regulatory guidance.

25. Regulatory Changes

The regulatory environment for telehealth and for the medications discussed on the Services changes frequently. We may modify, restrict, suspend, or discontinue any part of the Services — including in a particular state or with respect to a particular medication or formulation — at any time to comply with law, regulation, or guidance, without liability to you, and your sole remedy is cancellation and, where applicable, a pro-rated refund of prepaid amounts for services not yet rendered.

26. Notice to California Residents

Under California Civil Code § 1789.3, California users are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. California residents may cancel an automatically renewing subscription as described in Section 9.2.

27. Copyright Complaints (DMCA)

If you believe content on the Services infringes your copyright, send a written notice to our designated agent at support@benthoshealth.com (subject line: "DMCA Notice") including: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and its location; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and you are authorized to act on the owner's behalf. We may remove allegedly infringing material and terminate repeat infringers.

28. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy and any other agreement you enter into with us in connection with the Services, are the entire agreement between you and Benthos Health regarding the Services and supersede all prior understandings.

Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions will remain in full force and effect (subject to Section 22.4).

No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign or transfer these Terms or your account without our prior written consent, and any attempt to do so is void. We may assign these Terms freely, including in connection with a merger, acquisition, financing, reorganization, or sale of assets.

No Third-Party Beneficiaries. Except that Providers, Pharmacies, and the Benthos Parties are intended third-party beneficiaries of Sections 5, 19, 20, 21, and 22, these Terms create no third-party rights.

Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Benthos Health.

Headings and Interpretation. Headings are for convenience only. "Including" means "including without limitation." These Terms will not be construed against the drafter.

Export and Location. The Services are controlled and operated from the United States and are intended for U.S. users only. We make no representation that the Services are appropriate or available in other locations, and access from outside the United States is at your own risk and prohibited under Section 14.

Notices. We may provide notice to you by email to the address on your account, by posting on the Services, or by any reasonable means. Notices to us must be sent to support@benthoshealth.com and, where a Notice of Dispute is required, also to the mailing address in Section 22.1.

29. Contact Us

Benthos Holdings, Inc. d/b/a Benthos Health
6903 Rockledge Drive, Suite 1250
Bethesda, MD 20817
Email: support@benthoshealth.com

These Terms of Use were last updated on September 18, 2026.