Tempo Meds Terms and Conditions

1. Agreeing to These Terms

• You accept these Terms when you create an account, check a box indicating agreement, or place an order. If you do not agree, please do not use the Services.
• You must be at least 18 years old (or the age of majority where you live, if higher), able to enter into a binding contract, and located in a state where we offer the Services.
• The Services are for your own personal use. You may not create an account for, or order products on behalf of, another person.

2. How the Services Work

• Tempo Meds offers access to telehealth consultations with independent, licensed healthcare providers and prescription medications dispensed by licensed pharmacies.
• We are not a healthcare provider and do not practice medicine or pharmacy. Clinical services are provided by [MEDICAL GROUP LEGAL NAME(S)] (the “Medical Group”) and its affiliated licensed physicians, nurse practitioners, and physician assistants (“Providers”). The Medical Group that provides your care is identified in your telehealth consent and patient account. Prescriptions are dispensed by independent licensed pharmacies (“Pharmacies”).
• Providers use their own independent medical judgment. Only a Provider can decide whether a treatment or medication is right for you. Completing a questionnaire or paying for a product does not guarantee that you will receive a prescription. Not all visits result in a prescription.
• We provide the brand, customer support, billing, and administrative services that connect you with Providers and Pharmacies. Our platform, including the questionnaire, checkout, and patient account, is operated with the help of third-party technology providers.
• Individual results vary. We do not promise any specific health outcome, including any particular amount of weight loss.

3. Telehealth Services

• Consultations may take place through an online questionnaire, secure messaging, phone, or video, as your Provider determines is appropriate and as your state’s law allows.
• You agree to give complete, accurate, and truthful information about your health, including your medical history, current medications, and allergies, and to update your Provider if anything changes. Your Provider relies on this information.
• Telehealth has limits. It is not a substitute for an in-person exam or for a relationship with a primary care provider. Your Provider may decline to treat you, ask for additional information or testing, or refer you to in-person care.
• Before you receive care, you will be asked to review and accept the Medical Group’s Telehealth Informed Consent and Notice of Privacy Practices. Those documents are between you and the Medical Group.
• You must be physically located in a state we serve at the time of each consultation, and your shipping address must be in that same state.

Telehealth Consent

Telehealth Informed Consent

[TELEHEALTH INFORMED CONSENT URL]

The Medical Group’s consent is separate from these Terms and must be reviewed and accepted before you receive care.

4. Prescriptions and Pharmacy Services

• If your Provider prescribes a medication, the prescription will be sent to a Pharmacy in our network that is licensed to dispense to your state.
• Compounded medications. Some medications offered through the Services are compounded. Compounded medications are prepared by a state-licensed compounding pharmacy or an FDA-registered outsourcing facility. They are not approved by the U.S. Food and Drug Administration (FDA), and the FDA does not review them for safety, effectiveness, or quality before they are dispensed. Compounded medications are not generic versions of, or the same as, any FDA-approved brand-name drug.
• Read all materials that come with your medication. Contact your Provider or the dispensing pharmacist with any questions and report any side effects to your Provider promptly.
• Some medications must be kept refrigerated or at specific temperatures. You are responsible for promptly retrieving and properly storing your medication after delivery. If your package arrives damaged or warm when it should be cold, do not use the medication and contact us as described in Section 8.
• A pharmacist may decline to fill a prescription if, in their professional judgment, it is not appropriate to dispense.

5. Your Account

• Keep your account information accurate and current, and keep your password confidential. You are responsible for activity under your account.
• Tell us right away at info@tempomeds.com if you believe someone has accessed your account without permission.
• Each person may have only one account. We may suspend or close accounts that appear to contain false information or that are being used improperly.

6. Orders, Pricing, and Payment

• Prices are shown before you place an order. Your order summary will show what the price includes, for example the Provider consultation, the medication, shipping, and any platform or membership fee.
• By placing an order, you authorize us (or our payment processor) to charge your payment method the amounts shown. BRS Ventures, Inc. is the seller and merchant of record. Charges will appear on your statement as “[BILLING DESCRIPTOR, e.g. TEMPOMEDS*ORDER].”
• We may correct pricing or typographical errors and may cancel an order affected by an error, with a full refund of any amount charged for that order. You are responsible for applicable taxes.
• The Services are cash pay. We do not bill health insurance. You may be able to seek reimbursement from your insurer or use a health savings or flexible spending account, but we cannot guarantee eligibility.
• Title to and risk of loss for products pass to you upon delivery to you.

7. Subscriptions and Automatic Renewal

Some products are sold as subscriptions that renew automatically until you cancel. If you choose a subscription, you authorize us to charge your payment method the renewal price shown at checkout every month until you cancel.

• What we will tell you before you subscribe. Before you are charged, we will clearly show the subscription price, how often you will be charged, when the first renewal charge will occur, any change from an introductory price, and how to cancel. We will ask you to separately confirm that you understand the subscription renews automatically.
• Renewal charges. Each renewal is charged on the schedule shown at checkout and in your account. We will not charge a renewal earlier than that schedule without telling you in advance.
• Reminders. We will send you a reminder by email at least 7 days before each renewal charge, and at least 30 days before the renewal of any subscription with a term of one year or longer. If your price will change, we will tell you at least 30 days before the new price takes effect, and you may cancel before it does.
• How to cancel. You can cancel at any time online by going to [ACCOUNT PATH, e.g. Account > Subscriptions > Cancel]. You may also cancel by emailing info@tempomeds.com or calling (929) 201-8412. To avoid your next charge, cancel at least 48 hours before your next renewal date. We will confirm your cancellation by email.
• Prescription status. Renewal charges for prescription medications depend on an active prescription. If your Provider stops or does not renew your prescription, we will not charge you for medication that has not been prescribed.

8. Refund and Cancellation Policy

You can link to this policy directly at tempomeds.com/terms#refunds.

If you are not prescribed

• If a Provider decides a prescription medication is not right for you and no prescription is issued, we will refund the full amount you paid for that order. Refunds are issued automatically; you do not need to ask.

Canceling an order

• You may cancel a prescription order for a full refund at any time before it is sent to the Pharmacy for dispensing.
• Once a Pharmacy has begun preparing your medication, the order can no longer be canceled, because medications prepared for you cannot be restocked or given to anyone else.

Problems with your order

• Pharmacy laws do not allow dispensed prescription medications to be returned and resold. However, we will replace your medication or refund you if: (a) you received the wrong medication or dose; (b) the package arrived damaged, tampered with, or at an improper temperature; (c) the package was lost in transit; or (d) your order did not ship.
• Please contact us at info@tempomeds.com or (929) 201-8412 within 7 days after delivery (or, for lost packages, within 14 days after the expected delivery date), with photos where possible. Do not use medication that appears damaged or was not kept at the right temperature.
• If you have unused medication you no longer need, please do not send it back to us. See the FDA’s drug disposal guidance at fda.gov or find a local drug take-back location.

Subscriptions

• You may cancel a subscription at any time as described in Section 7. Canceling stops future charges. If a renewal is charged and you contact us before that order is sent to the Pharmacy, we will cancel that order and refund the renewal charge. Medication that has already been dispensed is not refundable except as described above.

How refunds are issued

• Approved refunds go back to your original payment method, usually within 5 to 10 business days. If you have a billing concern, please contact us first so we can fix it quickly. Nothing in this policy limits any right you have under applicable law.

9. Communications and Text Messaging

Electronic communications

• You agree that we may send you notices, disclosures, and other communications electronically, by email to the address in your account or by posting them in your account, and that these satisfy any legal requirement that they be in writing.

Text message program

• Program. Tempo Meds offers a text message program (“[Tempo Meds Texts]”). If you opt in, you may receive recurring automated texts from Tempo Meds at the number you provide.
• Types of messages. Account and care messages include order and shipping updates, refill and renewal reminders, alerts that you have a new message from your Provider, and account security codes. Marketing messages include offers and promotions and are sent only if you separately agree to receive them. Consent to receive marketing texts is not a condition of any purchase.
• Frequency and costs. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
• Opting out. Reply STOP to any message to stop receiving messages from that number. You will receive one final message confirming your opt-out. You may also opt out by contacting us at info@tempomeds.com or (929) 201-8412, or by any other reasonable means. If you opt out of marketing messages, you may still receive account and care messages unless you ask us to stop those too.
• Help. Reply HELP for help, or contact info@tempomeds.com or (929) 201-8412.
• Privacy. Text messaging is not a fully secure channel. We limit the health information included in texts, and you may ask us to send only general notices directing you to log in. Mobile information will not be shared with third parties or affiliates for their marketing or promotional purposes. Text messaging opt-in data and consent will not be shared with any third parties, except service providers that help us deliver the messages. See our Privacy Policy.
• Changing your number. Tell us promptly if you change or give up your mobile number so we do not send messages to the wrong person.

10. Your Health Information and Privacy

• Our Privacy Policy and Consumer Health Data Privacy Policy describe how we collect, use, and share your information.
• Health information you provide to receive care, such as your questionnaire answers, medical history, prescriptions, and messages with your Provider, is protected health information of the Medical Group under the Health Insurance Portability and Accountability Act (HIPAA). It is held by the Medical Group and by the HIPAA-compliant technology provider that supports it, and it is handled under the Medical Group’s Notice of Privacy Practices. Tempo Meds does not access or store that information. We receive only the account and order information described in our Privacy Policy.

11. Acceptable Use

You agree not to:

• provide false or misleading information, including to a Provider, or impersonate anyone;
• obtain medication for anyone other than yourself, or sell, share, or give away any medication you receive;
• use the Services for any unlawful purpose or in violation of these Terms;
• copy, scrape, or use automated tools to access the Services, or attempt to reverse engineer, disrupt, or gain unauthorized access to them;
• upload viruses or harmful code, send spam, or infringe anyone’s rights; or
• harass, threaten, or abuse Providers, pharmacists, or our staff.

We may investigate violations, suspend or close accounts, and cooperate with law enforcement where appropriate.

12. Our Content and Your License

• The Services, including all text, images, software, and trademarks, belong to us or our licensors. We grant you a limited, personal, revocable, non-transferable license to use the Services for their intended purpose under these Terms.
• Educational content on the Services is for general information and is not medical advice. Talk to your Provider about your own situation.

13. Feedback, Reviews, and Testimonials

• If you send us feedback or suggestions, we may use them without any obligation to you. This does not include your health information, which we handle as described in our privacy policies.
• If you post a review, it must reflect your honest, personal experience. We do not suppress or selectively remove reviews based on whether they are positive or negative, though we may remove reviews that are unlawful, abusive, or disclose private information.
• We will not publish your name, image, or any information about your health or treatment in a testimonial without your written permission.

14. Third-Party Services and Links

• The Services may link to or include services of third parties, including the Medical Group, Pharmacies, payment processors, and shipping carriers. Those parties are responsible for their own services and policies. We are not responsible for third-party websites we do not control.

15. Disclaimers

Except as expressly stated in these Terms, and to the fullest extent permitted by law, the Services are provided “as is” and “as available,” and we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not promise that the Services will be uninterrupted or error free. Nothing in this section limits the professional obligations of Providers or Pharmacies or any warranty that cannot be disclaimed under applicable law.

16. Limitation of Liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising out of or related to the Services. Our total liability for any claim arising out of or related to these Terms or the Services will not exceed the greater of (a) the amount you paid us in the 12 months before the claim arose or (b) $100.

• These limits do not apply to liability for death or personal injury caused by our negligence, for our fraud or willful misconduct, or to the extent the law where you live does not allow them. Some states do not allow certain limitations, so some of these limits may not apply to you.

17. Indemnification

• You agree to indemnify and hold harmless Tempo Meds and its affiliates, officers, employees, and agents from third-party claims, and related reasonable costs, arising from your violation of these Terms, your misuse of the Services, or your violation of law or of anyone else’s rights.

18. Suspension and Termination

• You may stop using the Services and close your account at any time. We may suspend or end your access if you violate these Terms, if we are required to by law, or if we stop offering the Services in your state, with notice where practical.
• Closing your account will also cancel any active subscription. Ending your access does not end any Provider’s obligations to you regarding continuity of care, and you may request your medical records from the Medical Group.
• Sections that by their nature should continue after termination will continue, including Sections 12 through 17, 20, and 22.

19. Changes to These Terms

• We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Services at least 30 days before they take effect, and we will update the “Last updated” date above. Changes apply going forward only. If you do not agree to a change, you may cancel before it takes effect.
• Changes to Section 20 will not apply to any dispute of which we had notice before the change.

20. Dispute Resolution, Binding Arbitration, and Class Action Waiver

• Try to resolve it first. Before starting arbitration or a court case, you and we each agree to send the other a written notice describing the dispute and the relief requested, and to try in good faith to resolve it for 60 days. Notices to us go to legal@tempomeds.com or BRS Ventures, Inc., Attn: Legal, 8 The Green, Ste B, Dover, DE 19901.
• Arbitration. Except as stated below, any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this Section. The arbitrator decides all questions about whether a dispute must be arbitrated. Hearings will take place by video or in the county where you live, as you choose. We will pay filing, administration, and arbitrator fees as required by the applicable consumer rules.
• Class action waiver. You and we each agree to bring claims only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
• Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property. This Section does not apply to claims of professional negligence against a Provider, which are governed by your agreements with the Medical Group and applicable law.

21. Governing Law and Venue

• These Terms are governed by the laws of the State of [STATE, e.g. Delaware or your home state], without regard to its conflict of law rules, except that the Federal Arbitration Act governs Section 20. Any matter not subject to arbitration will be heard in the state or federal courts located in [COUNTY, STATE], unless the law where you live requires otherwise.

22. General Terms

• Entire agreement. These Terms, together with our Privacy Policy, Consumer Health Data Privacy Policy, and any terms shown at checkout, are the entire agreement between you and us about the Services. The Medical Group’s consent forms and Notice of Privacy Practices are separate agreements between you and the Medical Group.
• Assignment. You may not transfer these Terms. We may transfer them in connection with a merger, sale, or reorganization, with notice to you.
• Relationship. Nothing in these Terms creates a partnership, joint venture, or agency relationship.
• Third-party beneficiaries. The Medical Group, Providers, and Pharmacies are third-party beneficiaries of Sections 2, 3, 4, and 11 only.
• Severability and waiver. If any part of these Terms is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.
• Events beyond our control. We are not responsible for delays caused by events beyond our reasonable control, such as natural disasters, carrier disruptions, or drug supply shortages. We will notify you and, where appropriate, refund amounts paid for undelivered products.

23. Notice to California Residents

• Under California Civil Code Section 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.

24. Contact Us