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Conditions We Treat
Services We Offer
Insurance Coverage
For Enterprises
Clinical Trials
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Resources

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WHAT WE OFFER

Whether continuing your mental health journey or seeking support for the first
time, we've got you covered.

Conditions We Treat
Services We Offer
Insurance Coverage
For Enterprises
Clinical Trials



RESOURCES

Here’s where you can find our blog and clinically-validated research conducted
by our own mental health experts here at Cerebral.

Cerebral Blog
Cerebral Research



ABOUT

Welcome to Cerebral! We're a fully remote telehealth company that provides
access to high-quality mental health resources.

Who We Are
Our Care Team
Leadership
Join Our Team
Newsroom



TERMS AND CONDITIONS OF USE

Last revised June 2, 2022


IMPORTANT NOTICE: THESE TERMS AND CONDITIONS OF USE ARE SUBJECT TO A WAIVER OF
CLASS ACTION RIGHTS AND THE RIGHT TO A JURY TRIAL AS DETAILED IN THE DISPUTE
RESOLUTION SECTION BELOW. IT REQUIRES YOU AND CEREBRAL, YOUR PROVIDER, AND
CERTAIN OTHER CEREBRAL PARTNERS TO RESOLVE DISPUTES WITH EACH OTHER ON AN
INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE READ CAREFULLY.



DO NOT USE THESE SERVICES FOR EMERGENCY MEDICAL OR MENTAL HEALTH NEEDS. IF YOU
ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, YOU SHOULD DIAL “911”
IMMEDIATELY.  



Cerebral Inc. and/or its subsidiaries (collectively, “Cerebral,” “we,” “us,” or
“our”) owns and operates online products and services. This Terms and Conditions
of Use (“Terms of Use”) governs your access and use of our Services (as defined
below) and the websites located at www.cerebral.com and www.getcerebral.com, any
other U.S. websites on which we post these Terms of Use, and the affiliated
Cerebral mobile application on which we post these Terms of Use (collectively,
the “Platform”). 



Please review these Terms of Use carefully. By accessing or using the Platform
or using our Services, you accept and agree to be bound by these Terms of Use
and the Privacy Policy. If you do not agree to be bound by these Terms of Use,
you are not authorized to access or otherwise use the Platform or Services and
you must promptly exit the Platform and stop using the Services.



In these Terms of Use, the terms “you” and “your” means you, as the user of the
Services, your dependents if any, any other person accessing your User Account
(as defined below), and each of your heirs, assigns, and successors. 



These Terms of Use contains the following sections:

1. Description of Services.

2. Eligibility and Platform Requirements.

3. User Account.

4. Payments and Recurring Billing.

5. Cancellations and Refunds.

6. Prescription Terms and Pharmacy Services.

7. Laboratory Products and Services.

8. Intellectual Property.

9. Communications.

10. Rules and Prohibitions.

11. Availability of Services and Export Compliance.

12. Disclaimers of Warranties; Limitation of Liability; Release;
Indemnification.

13. Modification, Suspension, or Termination of Platform, Services, or User
Accounts.

14. Dispute Resolution.

15. Third-Party Services.

16. General Terms.

Annex: Additional Third Party Terms


1. DESCRIPTION OF SERVICES.



The services offered through the Platform (collectively, “Services”) may
include:

 * Online and technology access to telehealth services, including therapy,
   counseling, nutrition and health coaching, substance use disorder diagnosis
   and treatment, mental and behavioral health diagnosis and treatment, and
   medication prescription (“Telehealth Services”), with qualified counselors
   and licensed therapists, nurse practitioners or doctors, and other qualified
   health care providers that work with Cerebral (“Providers”) 
 * Pharmacy and laboratory services
 * Regular monitoring of care and progress tracking
 * Self-guided mental and behavioral health resources, including cognitive
   behavioral therapy exercises, meditation, interactive worksheets and
   journaling prompts. 



Services available on the Platform may be sold or offered by Cerebral or by
third-party medical groups, pharmacies, labs, or other third-party partners. The
Platform provides you with access to one or more of the medical groups that
employ or contract with Providers and provide Telehealth Services through the
Platform, including Cerebral Medical Group, P.A. and Cerebral Medical Group,
P.C. (the “Medical Groups”). The Platform may also provide access to
prescription fulfillment services offered by CerebralRx, Postmeds, Inc. dba
Truepill, and other Cerebral pharmacy partners from time to time (the
“Pharmacies”), and laboratory and diagnostic services from Quest Diagnostics
Clinical Laboratories, Inc., Postmeds, Inc. dba Truepill, and other Cerebral
laboratory partners from time to time (the “Labs”). 



The Services may change from time to time, and Cerebral may choose to add new
Services or suspend or discontinue some or all of the Services, in its sole
discretion.



Your Relationship with Us.

Cerebral does not provide medical services, including via the Platform. Cerebral
operates the technology platform through which you can connect with Providers
who render Telehealth Services and receive other available Services. The
Providers matched through the Platform are engaged by the Medical Groups, not by
Cerebral, and use independent professional judgment in rendering Telehealth
Services. Cerebral provides administrative, payment, technological and other
supportive non-clinical services for the Medical Groups and Providers, but
Cerebral does not own or have any ownership interest in the Medical Groups and
the Medical Groups do not own or have any ownership interest in Cerebral. The
Medical Groups and the Providers, and not Cerebral, are responsible for the
quality and appropriateness of the care they render to you on the Platform, and
any professional advice received from a Provider on our Platform comes from the
Provider alone and not from Cerebral. 



You will be matched with available Providers based on the information you submit
to the Platform and you will have the option to choose and/or switch
Providers. The Telehealth Services you receive may vary depending on the
Provider you interact with. Cerebral does not participate in the interaction
between you and Providers and does not have control over the quality,
reliability, legality, integrity, authenticity, accuracy, appropriateness,
provision, or failure to provide, or responsiveness of the information provided
by or to Providers. You should contact your Provider directly for any questions
regarding your care or medical treatment, and you can report a complaint
relating to the care provided by a Provider by contacting the professional
licensing board in the state where the care was received. Cerebral does not
recommend or endorse any specific Providers, tests, medications, products, or
procedures, and shall not in any way be liable for any Telehealth Services or
other services or advice provided to you by a Provider. Your reliance on any
Provider or information delivered by the Providers via the Platform is solely at
your own risk and you assume full responsibility for all risks associated
herewith. 



By accepting these Terms of Use, you acknowledge and agree that Cerebral is not
a health care provider and that by using the Services, you are not entering into
a doctor-patient or other health care provider-patient relationship with
Cerebral. By using the Services, you may, however, be entering into a
doctor-patient or other health care provider-patient relationship with the
Medical Groups and/or one or more Providers. Further, we do not control or
interfere with any professional service provided by the Labs and third-party
Pharmacies, each of which is solely responsible for their provision of
professional services rendered via the Service.



Telehealth Services. 

Telehealth involves the delivery of health care services using electronic
communications, information technology or other means between a health care
provider and a patient who are not in the same physical location. While the
provision of health care services using telehealth may offer certain potential
benefits, there are also potential risks associated with the use of telehealth.
The Telehealth Services are not intended to take the place of your relationship
with your regular in-person health care practitioners or primary care
physician. 



To receive Telehealth Services, you must agree to the Telehealth Informed
Consent, which provides a description of the risks and benefits of telehealth,
and constitutes your voluntary authorization to the rendering of Telehealth
Services by the Medical Groups and Providers on the Platform. The Telehealth
Informed Consent is hereby incorporated into these Terms of Use by reference and
constitutes a part of these Terms of Use. You agree that Cerebral is a
third-party beneficiary of the Telehealth Informed Consent and has the right to
enforce it against you.



The Medical Groups and Providers have also adopted a Notice of Privacy Practices
describing their collection and use of your health information. By accessing or
using any part of the Services, you are acknowledging receipt of the Notice of
Privacy Practices from your Medical Group and Provider(s).



Where appropriate, the Medical Groups and/or your Provider(s) may also request
your cooperation in obtaining records from your previous health care providers
to assist in providing the best care for you (this may include signing a release
and/or authorization to speak to all other health care providers that you see).



The Services are not for emergencies. 

IF YOU BELIEVE YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY. If you are thinking
about suicide or if you are considering taking actions that may cause harm to
yourself or others, call the National Suicide Prevention Hotline anytime at
1-800-273-8255 (en Español 1-888-628-9454) or go to the nearest emergency room.
You can also use the 24/7 Crisis Text Line by texting “HOME” to 741-741.



Cerebral’s Platform and Services, including the Telehealth Services, are not for
medical emergencies or urgent situations. You should not disregard or delay
seeking medical advice based on anything that appears or does not appear on the
Platform. You should seek emergency help or follow up care when recommended by a
Provider or when otherwise needed. You should continue to consult with your
primary care physician and other health care professionals as recommended. 



Always seek the advice of a physician or other qualified health care prescriber
concerning questions you have regarding a medical condition and before stopping,
starting, or modifying any treatment or medication. Please be aware the
Services, including the Telehealth Services and the delivery of any medication
prescribed through the Services, will stop being provided at the termination of
your Subscription or Services.



The Services are not an insurance product. 

The Services are not health insurance or a substitute for health insurance, and
the amounts you pay for Services on the Platform are not insurance premiums. The
Services do not meet any individual health insurance mandate under federal or
state law. If you desire any type of health or other insurance coverage, you
will need to acquire such insurance separately. 



Other Platform Content. 

Outside of health care advice you receive directly from a Provider, the content
of the Platform provided as part of the Services, including without limitation,
text, copy, audio, video, photographs, illustrations, graphics, and other
visuals, is for informational purposes only and does not constitute professional
medical advice, diagnosis, treatment, or recommendations of any kind by
Cerebral. All information provided by Cerebral, or in connection with any
communications supported by Cerebral (including resources from the cognitive
behavioral therapy exercise library, meditation guides, articles and blog posts
published on Cerebral’s website and other general health care-related
information and self-guided resources), is intended to be for general
information purposes only, and is in no way intended to create a health care
provider-patient relationship. 




2. ELIGIBILITY AND PLATFORM REQUIREMENTS.



No Users Under 18 Years Old. 

Only users eighteen (18) years of age or older and who have accepted these Terms
of Use may access the Platform or Services. By visiting, accessing, registering
with or using the Platform, or by purchasing or using any Services through the
Platform, you represent and warrant to Cerebral that you are a natural person
and of 18 years of age or older. If you are under the age of 18, please do not
attempt to access the Platform, register for our Services, or provide any
personal information about yourself to us. If we learn that we have collected
personal information from someone under the age of 18, subject to applicable
laws, we will promptly delete that information. If you believe we have collected
personal information from someone under the age of 18, please contact us at
support@cerebral.com.



Your Device Functionality. 

You are responsible for obtaining and maintaining your device, software,
operating system, carrier and network access necessary to properly access and
use the Services. Cerebral does not guarantee that the Platform or any portions
thereof will function on or in connection with any particular device, software,
operating system, carrier, or network. Cerebral will have no liability for
errors, unreliable operation, or other issues resulting from use of the Platform
on or in connection with rooted or jail broken devices or use on any mobile
device that is not in conformance with the manufacturer’s original
specifications, including, but not limited to, use of modified versions of the
operating system. All rate and data fees of your device’s carrier apply to your
use of the Platform and Services and Cerebral is in no way responsible for your
carrier rates and data fees, where applicable.




3. USER ACCOUNT.



Registration. 

To access the Services on the Platform, you must first create a personal user
account with Cerebral through the Platform (“User Account”). To create a User
Account, you must accept and agree to these Terms of Use. You may be required to
satisfy certain conditions precedent imposed by Cerebral (including, for
example, providing additional information to Cerebral, and entering into
additional agreements with Cerebral and/or its third-party affiliates). You may
only have one (1) User Account. A User Account is not transferable between
individuals.



User Account Activity and Responsibility. 

You agree that all information you submit to create your User Account, including
but not limited to your name, date of birth, address, phone number, and email
address, shall be truthful, accurate, and complete, and you shall maintain
accuracy and completeness of the information associated with your User Account.
You will be required to select a password to access your User Account. Your User
Account is personal to you, and you are solely responsible for maintaining the
confidentiality of the credentials to access your User Account, and you are
responsible for all activity that occurs under your User Account. You may not
allow another individual or third party to access, use, or modify your User
Account. You are responsible for maintaining the security of your User Account,
including keeping your login credentials secret to only yourself. Please contact
support@cerebral.com immediately if you suspect that another individual or third
party has gained access to your User Account.



Refusal of Services on Fraud. 

Cerebral may, but does not assume the obligation, to request further information
from you to provide the Services. If you do not timely provide this information
in the manner requested, we reserve the right to suspend, discontinue, or deny
your access to and use of the Platform and the Services until you provide the
information to us as requested. Without limitation, Cerebral may refuse to
provide its Services to you, cancel your Subscription or deactivate your User
Account for any reason in Cerebral’s sole discretion, including where we suspect
fraud or illegal activity. This includes, but is not limited to, stolen payment
information or falsified medical information resulting in a prescription and
subsequent supply of medication by the Pharmacies or other chosen local
pharmacy.



Account Deactivation. You may deactivate your User Account by contacting
support@getcerebral.com. Without limiting the survival of certain provisions in
these Terms of Use, the Terms of Use shall continue to apply to our relationship
with you unless you deactivate your User Account in accordance with these Terms
of Use. For clarity, canceling a Subscription will not operate to deactivate
your User Account or the Terms of Use governing your User Account.




4. PAYMENTS AND RECURRING BILLING.



Your Payment Information. 

Cerebral will charge any fees associated with your User Account to your credit
card or debit card on file with Cerebral, as identified in your User Account, in
accordance with these Terms of Use. Receipts for payments will be emailed to you
and can be accessed through your User Account. You represent and warrant that
(i) the credit card or debit card information you provide to Cerebral is true,
correct and complete, and (ii) that you are the person in whose name the credit
card or debit card was issued and/or you are authorized to make a purchase with
the relevant credit card or debit card. You will promptly notify Cerebral if
your payment information has changed, if your payment method has been canceled,
or if you become aware of a breach of security. You acknowledge that we may
process an authorization hold using your payment information in order to verify
the information provided. If your payment card details change or are due to
expire, we may request updated payment details from you, including your card
number, expiration date, and CVV (or equivalent). By providing us updated
payment information, you authorize us to continue to charge your card using the
updated information so that you can continue to receive your Subscription or
other Services. 



Subscriptions and Recurring Payments. 

If you purchase a subscription to the Services (“Subscription”), with the
exception of any free trial periods, Cerebral will charge you a Subscription fee
at the rate presented to you (“Subscription Fee”). The Subscription gives you
access to the Services for one month, or a different subscription period
selected on the Platform (“Subscription Period”). Unless otherwise stated when
you sign up for a Subscription, your selected Services will automatically renew
for a further Subscription Period with the Subscription Fee (including any
applicable taxes) and will continue to do so unless we are either no longer
offering that Service, in which case we will notify you, or your Subscription
has been canceled in accordance with these Terms of Use. 



The billing period for your Subscription Fee begins from the time of
registration (i.e., when you register, enter your payment method and pay the
initial Subscription Fee), and again at the start of each subsequent
Subscription Period. By signing up for a Subscription, you agree to pay your
Subscription Fee in full each Subscription Period and authorize your payment
method on file to be billed automatically each Subscription Period by Cerebral’s
third-party payment processor for the entire length of your Subscription,
regardless of whether or not you have used the Services during the Subscription
Period, until your Subscription ends or is canceled. If any Subscription Fee is
not paid in a timely manner, or your transaction cannot be processed, we reserve
the right to suspend, disable, cancel or terminate your Subscription. You will
be responsible for paying all past due amounts. You acknowledge that billing may
not occur on the exact same date of each month.



Other Fees. 

You agree to pay all other fees and charges associated with your User Account
that are not included in the Subscription Fee, including, for example,
appointment no-show fees, cancellation fees or late rescheduling fees, cost of
prescribed medication and refills, costs of laboratory tests, single visits with
a Provider that are not part of a Subscription, co-pays, co-insurance and
deductibles and other costs not covered by your health insurance plan, and any
fees for any Services that are not charged on a Subscription model
(collectively, “Other Fees”), on a timely basis and according to the terms and
the rates presented to you. By using the Services and incurring such Other Fees,
you authorize us to bill and charge your payment method on file for such Other
Fees in full. 



Trials and Promotional Fees. 

Cerebral may periodically offer discounts to its Services in the form of free
trial periods or promotional fees. The terms of those discounts will be stated
at the time you sign up or when you purchase a specific Service or product. If
your Subscription includes a free trial, you will not be charged the applicable
Subscription Fee during your free trial. To obtain the free trial, you will be
required to provide a credit card or other payment method in order to ensure
uninterrupted access and continued use after the expiration of the free trial.
Upon completion of your free trial, your Subscription will automatically convert
into a paid Subscription and your payment method will be charged the applicable
Subscription Fee unless you have canceled your Subscription. If your
Subscription includes a promotional fee, you will be charged the promotional fee
for the relevant number of billing periods and upon completion of that period,
your Subscription will continue to automatically renew at the full,
non-promotional rate. You may cancel your Subscription during your free trial or
promotional period to avoid being charged the full applicable Subscription Fee
in accordance with Section 5 (Cancellations and Refunds).



You may only be permitted to use one free trial or promotional fee offer. If
your Subscription is ever canceled or terminated for any reason, and you
purchase an additional Subscription, you may not be eligible for a free trial or
to take advantage of another promotional fee offer.



Insurance. 

If you have health insurance, your insurance plan may cover all or a portion of
your use of our Services, including costs associated with the Telehealth
Services, prescribed medication filled by the Pharmacies, and/or laboratory
products and services provided by the Labs. Subject to the terms of any written
agreement between Cerebral and the insurance plan, if you provide information
about your health insurance to us, that will be deemed your authorization for
Cerebral, the Medical Groups, the Pharmacies, the Labs and/or one of their
affiliates or partners to submit claims and bill for Services on your behalf and
share necessary information with the insurance plan to process payments and
reimbursements. Cerebral and the Medical Groups are not enrolled with state
health care programs such as Medicaid.



If Cerebral is in-network with your insurance plan, you may be eligible to pay a
reduced Subscription Fee at the rates published on the Platform (the “In-Network
Subscription Fee”), or you may be eligible for a basic services Subscription
with no out-of-pocket Subscription Fee (a “Basic Services Subscription”). The
In-Network Subscription Fee and any Basic Services Subscription does not include
the cost of any co-pays for visits with Providers, co-pays for prescribed
medication (including refills), certain laboratory tests ordered by a Provider,
or co-insurance or deductibles, which will vary depending on your insurance plan
and may be billed separately. You are also responsible for any Other Fees
incurred that are not charged on a Subscription model (e.g., appointment no-show
fees). The In-Network Subscription Fee, if applicable, and any co-pays,
co-insurance, deductibles or Other Fees are your responsibility, not that of
your insurance plan, even if Cerebral is considered in-network. 



Your insurance policy is a contract between you and your insurance plan, and it
is your responsibility to know your benefits, including if your insurance has
any deductible, co-payment, co-insurance, out-of-network, usual and customary
limit, prior authorization requirements or any other type of benefit limitation
for the Services you receive, and how your benefits will apply to your payments.
If you purchase Services with your insurance plan, you authorize Cerebral or one
of its affiliates or third party partners, including the Medical Groups,
Pharmacies and/or Labs, to charge your payment method on file for the In-Network
Subscription Fee, if applicable, and any fees not covered by your insurance,
such as co-pays, co-insurance, deductibles, and Other Fees. If all or any
portion of the Services are not covered or paid by your insurance plan for any
reason or you do not have health insurance, you understand that you will be
ultimately responsible for all fees and costs arising out of your use of the
Services and agree to pay the full amount of all Subscription Fees and Other
Fees associated with your User Account. Questions about non-payment should be
directed to your insurance plan. You agree to inform Cerebral or your Provider
immediately if you lose your health insurance and/or can no longer pay for
treatment.



Changes to Subscription Fees, Other Fees or Subscription Features. 

All fees published on the Platform are set by Cerebral in its sole discretion
and we may change our fees from time to time. Cerebral will send notice of
upcoming automatic renewal prior to renewing your Subscription as required by
law. We may change the Subscription terms, Subscription Fees or Other Fees at
any time on a going forward basis in our discretion. If the pricing for your
Subscription increases, we will notify you, and provide you an opportunity to
change or cancel your Subscription before applying those changes to your User
Account or charging you in connection with an automatic renewal. We may choose
in our sole discretion to add, modify, or remove benefits and features from a
Subscription. Your continued enrollment in your Subscription after the changes
become effective will constitute your acceptance of the changes. If you do not
wish to continue your Subscription at the revised rates and/or terms, you must
let Cerebral know prior to the end of your then current Subscription Period in
accordance with Section 5 (Cancellations and Refunds) (so that at the end of
that Subscription Period, your Subscription will end), otherwise the revised
rate and/or terms will apply on and from the next Subscription Period.



Third-Party Payment Processor. 

All credit card, debit card and other monetary transactions on or through the
Platform occur through an online payment processing application that is provided
by a third-party payment processor(s). Cerebral itself does not collect or store
payment card information. If our third-party payment processor is unable to
secure funds from your payment method for fees that are due for any reason,
including, but not limited to, insufficient funds or insufficient or inaccurate
information provided when submitting electronic payment, Cerebral may undertake
further collection action, including application of fees to the extent permitted
by law, and reserves the right to suspend or terminate your User Account or
Services.



Waiver of Claims and Unauthorized Payments.  

You agree to waive all claims against Cerebral and its third-party affiliates,
including Cerebral’s third-party payment processor(s), related to any
unauthorized payments made on or through the use of your User Account outside of
Cerebral’s control, regardless of whether such payments are authorized
or unauthorized. However, you may submit a claim of the unauthorized payment to
Cerebral so that Cerebral can conduct a reasonable investigation as it sees fit
under the circumstances. If appropriate, Cerebral will assist in correcting the
alleged unauthorized payment, provided that such claim is received by Cerebral
within thirty (30) days of the disputed charge or payment. 




5. CANCELLATIONS AND REFUNDS.



Canceling Subscription. 

When you cancel a Subscription, you cancel only future charges associated with
your Subscription. You may initiate your cancellation at any time, but the
cancellation will become effective at the end of your current Subscription
Period. You can cancel by clicking “Cancel Subscription” in your User Account no
later than the day before your next scheduled billing date to cancel your
Subscription.  If you do not cancel before this time, Cerebral reserves the
right to charge you for the next Subscription Period and cancel your
Subscription in the following Subscription Period. 



Except as otherwise stated herein or required by applicable law, no refunds will
be provided for a partial Subscription Period, but you will continue to have
access to the Subscription until the next billing cycle. Notwithstanding any
other terms, Cerebral reserves the right to cancel your Subscription in its
entirety at any time and for any reason, with or without prior notice. In the
event that Cerebral exercises its right to cancel a Subscription, it will refund
the current Subscription Period’s Subscription Fee as required by law.



Once you cancel your Subscription, your access to and use of the Services will
continue to the end of your then current Subscription Period and thereafter end,
but you will continue to have access to certain information maintained within
User Account, such as personal health information. Please note that all
Services, including the delivery of any medications prescribed through the
Services and access to refills through the Pharmacies, will end once
cancellation takes effect. You should talk to your Provider before discontinuing
your medication. Abruptly stopping certain medications can impact your health.



Medication orders may be canceled before they are shipped. Any other Services
that are paid per Service (e.g., single visits with a Provider not part of a
Subscription) may be rescheduled but are not cancellable after purchase.



Refunds. 

All purchases are final and once paid, all fees, including Subscription Fees,
are non-refundable regardless of whether Services are utilized, except as
prohibited by applicable law. However, you may cancel your Subscription at any
time in accordance with Section 5 (Cancellations and Refunds) to stop incurring
future Subscription Fees. We reserve the right to issue refunds or credits at
our sole discretion. If we issue a refund or credit in one instance, we are
under no obligation to issue the same refund or credit in the future.

 

All medication orders are final once shipped by the Pharmacies and the order
cannot be returned or refunded. This is to protect the integrity of the
medication and the health of the patient, as well as to comply with applicable
laws. However, if you think you have received the wrong medication, have
received an order in error, or have any other questions, please contact us
at support@cerebral.com. 




6. PRESCRIPTION TERMS AND PHARMACY SERVICES.



Certain medications available through the Platform require a valid prescription
by a Provider licensed to prescribe the specific medication. You will not be
able to obtain a prescription medication unless you have completed a
consultation with one of the licensed Providers through the Platform, the
Provider has determined the prescription is appropriate for you, and the
Provider has written a prescription.



Cerebral does not endorse any specific medication, pharmacy, or pharmacologic
product. There is no guarantee a prescription will be written by using the
Services. If a Provider prescribes a medication, the Provider will limit supply
based upon applicable regulations and will only prescribe a medication as
determined in the Provider’s own discretion and professional judgment. Providers
may also deny care for actual or suspected misuse of the Services for
prescriptions.



You agree that any prescriptions that you acquire from a Provider will be solely
for your personal use. All prescription medications are provided subject to all
warnings, limitations, and restrictions published or provided by the
medication’s manufacturer. You agree to fully and carefully read all provided
product information and labels and to contact your Provider, or another
physician or pharmacist, if you have any questions regarding the prescription.
You acknowledge and understand that your use or misuse of prescription
medications obtained through our Platform or Services may result in undesirable
or unexpected consequences. Cerebral does not accept any liability for the
consequences arising from the application, use, or misuse of any prescription
medications made available through the Platform or Services, including any
injury or damage to any person or property as a matter of negligence, or
otherwise, including your failure to comply with any warning labels attached to
the prescription products. 



Pharmacy Services.

If you receive a prescription as a result of the Services, you may select one of
the Pharmacies to fulfill and ship your prescription directly to your address.
However, you always have the option to instruct your Provider or to email
support@getcerebral.com to transmit that prescription to a different pharmacy of
your choice. Otherwise, you hereby consent to using the Pharmacies. Please note
that the cost of medication is not included in your Subscription Fee and will be
billed separately. If, however, your Subscription includes a medication plan and
you use the Pharmacies to dispense and deliver any prescribed medication, the
shipping cost for your medication is included in your Subscription Fee. 



Prescriptions fulfilled by the Pharmacies may not use child-resistant packaging
and prescriptions may not be dispensed in child-resistant containers. You
acknowledge that you must keep prescription medication safe, secure, and out of
the reach of children.



If you select to use the Pharmacies, you give us consent to send and disclose to
the Pharmacies all information provided by you, your health care records, and
other applicable health care information and personal information (such as your
name, location and demographic information) that is required to provide you the
pharmacy services.



CONTROLLED SUBSTANCES TERMS.

In certain situations, your Provider may deem that it is medically appropriate
to prescribe a controlled substance as part of your treatment plan. In general,
these medications are highly addictive and must be taken only as prescribed by
your Provider. The Medical Groups and Providers are required to provide care
consistent with the prevailing standards of medical practice and follow
evidence-based clinical guidelines but make no assurances or guarantees as to
the results of treatment.

If you are prescribed a controlled substance through the Services, you
understand and agree as follows: 

 * Any prescribed controlled substance will be a short-term add-on to your
   treatment plan. The medication will be a temporary bridge to help manage your
   symptoms until your long-term medication takes full effect. The medication
   will only be taken on an as-needed basis, so it will not be automatically
   refilled. There are rare exceptions to this rule, depending on evidence-based
   clinical guidelines.
 * Prescribed controlled substances will not be used as a monotherapy and will
   be paired with a non-controlled medication option for long-term care. There
   are rare exceptions to this rule, depending on evidence-based clinical
   guidelines.
 * If used incorrectly, prescribed controlled substances may cause dependence or
   addiction. If used correctly based on established clinical guidelines, they
   may be an important part of your treatment plan. Your prescribing Provider
   has explained to you the potential risks, the potential short- and long-term
   side effects; the risk of drug interactions and over-sedation; and the risk
   of misuse and overdose, and you understand and accept these risks.
 * Before prescribing controlled substances, we may require you to provide
   additional information, such as your medical records and/or proof of prior
   prescriptions, or your Provider may review information from the Prescription
   Drug Monitoring Program in your state of residence regarding your prior
   receipt of controlled substances. 
 * If you are currently taking Suboxone or Methadone, you will not be considered
   for a benzodiazepine prescription.
 * You will keep (and be on time for) all your scheduled appointments with your
   Provider and other members of your treatment team and will participate in all
   other types of treatment that you are asked to participate in.
 * You will keep the prescribed controlled medication safe, secure, and out of
   the reach of children. If the medicine is lost or stolen, you understand it
   will not be replaced until your next appointment and may not be replaced at
   all.
 * You will take your medication as instructed by your Provider and pharmacist
   and not change the way you take it without first talking to the Provider or
   other members of your treatment team.
 * You will not seek early refills. You understand that prescriptions will be
   filled only during scheduled visits with your Provider.
 * You will make sure you have an appointment for refills. If you are having
   trouble making an appointment, you will tell a member of your treatment team
   immediately.
 * You will not sell medications prescribed through the Services or share
   medications with others. You understand this is illegal and if you do so,
   your treatment will be stopped and you may be reported to law enforcement
   and/or other governmental authorities.
 * You will use only one pharmacy to get all controlled substances medications.
 * You will tell the Provider all the other medications that you take, and let
   the Provider know right away if you have a prescription for a new medicine.
 * You will not get any controlled substances or other medications that can be
   addictive such as benzodiazepines (Klonopin, Xanax, Valium) or stimulants
   (Ritalin, amphetamine) from any other prescriber without telling your
   Provider or a member of your treatment team before you fill that
   prescription. You understand that the only exception to this is if you need
   pain medicine for an emergency or other necessary medical purpose and then
   for only a period of a few days.
 * You will not use illegal drugs such as heroin, cocaine or amphetamines. You
   understand that if you do, your treatment may be stopped.




7. LABORATORY PRODUCTS AND SERVICES.



Certain laboratory products and services that are available through the
Platform, including at-home testing kits and in-person testing services to
monitor the effects of certain prescribed medication or for diagnostic purposes
(“Lab Tests”), require a valid prescription or order by a licensed Provider. You
will not be able to obtain Lab Tests unless a Provider has determined that the
Lab Test is appropriate for you and the Provider has prescribed or ordered the
Lab Test. These Lab Tests offered through the Platform can only be ordered and
fulfilled through the Labs. If you receive Lab Tests from a Lab through the
Platform, you may be required to go to an in-person location of the applicable
Lab to be tested or at-home testing materials will be shipped to you by the
applicable Lab. In certain cases, regularly scheduled Lab Tests are required in
order to properly and safely manage your treatment plan. 



If your Provider suspects that you are misusing the Services for prescriptions
or engaging in other prohibited activities relating to your medication, your
Provider may order and require that you obtain a laboratory test to confirm that
misuse is not taking place before continuing your treatment or prescribing or
refilling any medications (an “Investigative Lab Test”). Typically, these are
in-person tests that may be ordered by your Provider to be completed at any
local laboratory of your choice. 



If you refuse to or do not timely complete any Lab Test or Investigative Lab
Test, or if your test results present evidence that you have been misusing your
prescriptions or engaging in other prohibited activities under these Terms of
Use, your Provider reserves the right to modify or cease your treatment plan
and/or medications based on their independent professional judgment, you may no
longer be eligible to receive further prescriptions through the Platform, and/or
your Subscription or User Account may be suspended, canceled or terminated in
Cerebral’s sole discretion.




8. INTELLECTUAL PROPERTY.



Intellectual Property. With the exception of your User Materials (as defined
below), Cerebral, the Medical Groups, the Pharmacies, the Labs and/or Cerebral’s
licensors, as applicable, retain all right, title, and interest in and to the
Platform, the Services and any information, content, files, document, text,
photographs, images, audio, videos, reviews, products, documentation, software,
or other materials available on or through the Platform and Services, and any
patent, copyright, trade secret, trademark, service mark, or other intellectual
property, or proprietary right in any of the foregoing. For clarity, use,
reproduction, copying, or redistribution of Cerebral trademarks, service marks,
and logos or those of Cerebral’s third party licensors are strictly prohibited
without the prior written permission of Cerebral or the licensor, as applicable.
The Platform may contain other proprietary notices and copyright information,
the terms of which you agree to follow. 



So long as you comply with these Terms of Use (including timely paying any
Subscription Fees and Other Fees associated with your User Account), Cerebral
grants you a limited, non-exclusive, personal, revocable, non-transferable and
non-sub-licensable right and license to access the Platform and use any paid-for
Services for the duration of your Subscription or while your User Account is
active, as applicable. All rights not expressly granted to you in these Terms of
Use are reserved and retained by Cerebral or its licensors, suppliers,
publishers, rights holders, or other content providers. Other than User
Materials (which you own), neither the Platform and Services, nor any part of
the Platform and Services, may be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without express
written consent of Cerebral. You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information (including images,
text, page layout, or form) of Cerebral without express written consent of
Cerebral. You may not use any meta tags or any other “hidden text” utilizing
Cerebral’s name or trademarks without the express written consent of Cerebral.
The content of the Platform, including without limitation, the files, documents,
text, photographs, images, audio, and video, and any materials accessed through
or made available for use or download through this Platform may not be copied,
distributed, modified, reproduced, published, or used, in whole or in part,
except for purposes authorized or approved in writing by Cerebral. 



User Materials. All names, photographs, information, communications and any
other content that you submit to or publish on or through the Platform, or that
you submit to or publish on an online social media account (e.g., Facebook,
Twitter, Instagram) that you own and link or otherwise associate with the
Platform or your User Account, including any medical information you provide via
Platform, if any and as applicable, is referred to in these Terms of Use as the
“User Materials.” You own and are responsible for all User Materials and grant
Cerebral and its related third parties involved in providing you the Services a
worldwide, transferable, sub-licensable, irrevocable, perpetual license to use
the User Materials, to the extent permitted by law, in order to provide the
Services or as otherwise permitted in our Privacy Policy. You agree not to
provide any User Materials that (a) are false, inaccurate, defamatory, abusive,
libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic,
or harmful, or that could encourage criminal or unethical behavior, (b) violate
or infringe the privacy, copyright, trademark, trade dress, trade secrets, or
intellectual property rights of any person or entity, or (c) contain or transmit
a virus or any other harmful component. Cerebral may, but does not assume the
obligation to, monitor and/or delete any User Materials that it deems in its
sole discretion to be in violation of the foregoing sentence. You represent and
warrant that you have the legal right and authorization to provide all User
Materials to Cerebral, and if relevant, its related third parties, so Cerebral
or those entities can provide you with the Services. 



Feedback. Any feedback, comments, questions, or suggestions (collectively,
“Feedback”) you may provide regarding the Platform or Services is entirely
voluntary and we will be free to use such feedback, comments or suggestions
without any obligation to you. By sending us any Feedback, you further (i) agree
that we are under no obligation of confidentiality, express or implied, with
respect to the Feedback; (ii) acknowledge that we may have something similar to
the Feedback already under consideration or in development; (iii) grant us an
irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use,
modify, prepare derivative works, publish, distribute, and sublicense the
Feedback; and (iv) irrevocably waive, and cause to be waived, against Cerebral
and its users any claims and assertions of any moral rights contained in such
Feedback. These provisions regarding Feedback shall survive any termination of
your User Account, these Terms of Use, or the Platform or Services.




9. COMMUNICATIONS.



Consent to Electronic Communications. By opting in to use Cerebral’s Platform
and Services, you affirmatively consent to conduct business electronically with
Cerebral and you agree that (a) all agreements and consents can be signed
electronically, and (b) all notices, disclosures, and other communications that
we provide to you electronically satisfy any legal requirement that such notices
and other communications be in writing. 



Consent to Receive Calls and Text Messages. By providing your mobile number,
sending Cerebral an initial text, or otherwise opting-in to receive telephonic
communications from Cerebral, you are agreeing to be contacted by or on behalf
of Cerebral at the mobile number you have provided, including calls and text
messages, regarding your User Account and use of the Platform and Services.
These text messages or calls may be automated and may include information about
your treatment plan, appointment reminders, order confirmations, shipping
notifications, messages from your Provider, and other transactional messages.
You may also sign up to receive promotional and marketing calls and text
messages. You are not required to consent to promotional and marketing calls and
text messages as a condition of purchase. You may update your notification
preferences from Cerebral at any time by going through your User Account. By
consenting to receive Cerebral text messages, you represent that you are the
subscriber of the cellular service at the mobile number provided or that you are
authorized by the subscriber to sign-up for texts.



Cerebral does not charge you for our text message program. But if you enroll in
text messages from Cerebral, you understand and agree that: (1) you will be
responsible for any message and data rates that may apply for any messages sent
to you from Cerebral and to Cerebral from you, (2) message frequency may vary,
and (3) neither Cerebral, nor your or Cerebral’s mobile carriers, are liable for
delayed or undelivered messages. If you have any questions about your text plan
or data plan, it is best to contact your wireless provider. 



We may send you one or more welcome messages or administrative messages, such as
(in some cases), a request to confirm your opt-in. After that, you will receive
recurring text messages, and the specific amount may vary depending on how you
use our Services (e.g. if you communicate with us through SMS, or if you send a
HELP request).



Our text messages are supported on all U.S. carriers. Please note, however, that
the supporting mobile carriers may change without notice, and the particular
text message program you join may be limited to specific carriers.



You can opt out of marketing text messages from Cerebral at any time by texting
the word “STOP” to a text message from Cerebral. After you send the text message
“STOP” to us, we will send you a text message to confirm that you have been
unsubscribed. After this, you will no longer receive text messages from Cerebral
unless and until you re-consent to receiving text messages again. You also
understand and agree that we have provided you with reasonable methods of opting
out, and that any other method of opting out, including, but not limited to,
texting words other than “STOP” or verbally requesting one of our employees to
remove you from our list, is not a reasonable means of opting out. Please be
advised that if you opt out of marketing text messages, Cerebral may still send
you transactional text messages about your User Account or use of the Platform
and Services.



You can opt out of transactional text messages by updating your notification
preferences in your User Account. We may send you a text message to confirm your
opt out of transactional text messages. Please note that if you withdraw your
consent to receive text messages, some Platform features and certain Services
may no longer be available to you and you may not receive important and helpful
information and reminders about your Services. 



If you have revoked consent and want to re-enroll in receiving transactional
text messages, you can re-enroll by updating your notification preferences in
your User Account. 



If you are experiencing issues with Cerebral’s text messaging program, you can
text the word “HELP” to a text message from Cerebral for more assistance, or you
can get help directly at (415) 403-2156 or support@cerebral.com. 



Sensitive Communications. 

You understand that while Cerebral takes your privacy and the security of your
health and other sensitive information very seriously, the transmission of
information over the internet and mobile networks is not 100% secure. Text
messages and emails that you send to or receive from Cerebral outside of
Cerebral’s Platform (including off-Platform communications with Providers) are
not encrypted, which means that it is possible they may be intercepted by third
parties. If you choose to send or receive information about your health or any
other sensitive information by text message or email outside of Cerebral’s
Platform, you do so at your own risk. By opting into text messages, you consent
to sending text messages to Cerebral, and receiving text messages from or on
behalf of Cerebral, that are not encrypted. Likewise, by emailing Cerebral or
giving Cerebral your email, you consent to receiving unencrypted emails messages
from or on behalf of Cerebral.




10. RULES AND PROHIBITIONS.



You understand that you may lose your right to use the Services and receive
treatment if you do not abide by these Terms of Use. 



In addition to other prohibitions in these Terms of Use, the following conduct
is prohibited on the Platform and Services:

 * impersonating or misrepresenting your identity or your affiliation with a
   person or entity;
 * creating more than one User Account, or forging or manipulating headers or
   identifiers to disguise the origin of any content transmitted through the
   Platform;
 * allowing any unauthorized person to access your User Account or to receive
   Services;
 * harassing, threatening, abusing, defaming, demeaning, discriminating against,
   intimidating or exhibiting other harmful or disrespectful behavior toward
   Providers or staff of Cerebral and relevant third parties providing Services
   to you, or disrupting the care of other patients, as we determine in our sole
   discretion;
 * obtaining prescriptions from multiple prescribers without each prescriber’s
   (including your Provider(s)) knowledge of the other prescriptions (also known
   as “doctor shopping”); 
 * accessing the Platform or using the Services, medications or other products
   available through the Platform and Services, in any unlawful way or for any
   unlawful purpose (including in violation of United States export laws
   concerning the transmission of technical data and regulated materials via the
   Internet);
 * using any software, program, process, device, application or routine (e.g.
   robots, scripts, scrapers, spiders, viruses, spyware, and malware) to
   monitor, copy, disrupt, damage, injure, decrypt, interfere, tamper, hack,
   spoof, modify or otherwise corrupt the administration, security or proper
   functioning of the Platform or any servers which may host the Platform;
 * accessing data not intended for you or logging onto a server or a User
   Account which you are not authorized to access;
 * posting or transmitting any data, materials, content, or information
   (including, without limitation, advice, and recommendations) which contains
   or promotes any virus, worm, Trojan horse, time bomb, malware, or other
   computer programming or code that is designed or intended to damage, destroy,
   intercept, download, interfere, manipulate, or otherwise interrupt or
   expropriate the Platform or the Services, personal information, software,
   equipment, servers, or facilitate or promote hacking or similar conduct;
 * attempting to reverse engineer, reverse assemble, reverse compile, decompile,
   disassemble, translate, or otherwise alter, defraud, or create false results
   from any executable code, information on, or received by this Platform; 
 * running any antivirus or antispyware software that is set to override the
   internet browser’s cookies setting; 
 * in any way infringing, misappropriating or otherwise violating any
   copyrights, trade secrets, or other rights of Cerebral or any third party;
 * incorrectly identifying the sender of any message transmitted to Cerebral or
   altering the attribution or origin of electronic mail, messages, or posting; 
 * violating the privacy rights of any person, including harvesting or
   collecting personal information or personal health information about any
   other individual who uses the Platform or the Services;
 * transmitting, or procuring the sending of, any advertising or promotional
   material without our prior written consent, including any “junk mail”, “chain
   letter” or “spam” or any other similar solicitation;
 * otherwise using the Services in any manner that exceeds the scope of use
   granted herein; and/or
 * attempting to indirectly undertake any of the foregoing or encouraging or
   enabling any other individuals to do or attempt any of the foregoing. 



Your User Account may be terminated for any of the above infractions. You agree
to defend, indemnify, and hold harmless Cerebral and its Related Parties (as
defined below) from and against all third party claims, damages, and expenses
(including, but not limited to, reasonable attorneys’ fees) against or incurred
by us arising out of any User Materials you upload to or transmit through the
Platform or any breach of the Terms of Use, including this Section 10.
Violations of applicable laws and system or network security may result in civil
or criminal liability. Cerebral may investigate occurrences that may involve
such violations and may involve, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such violations. 




11. AVAILABILITY OF SERVICES AND EXPORT COMPLIANCE.



Cerebral operates subject to state and federal regulations, and not all Services
offered through the Platform may be available in your state. You represent that
you are not a person barred from enrolling for or receiving the Services under
the laws of the United States or other applicable jurisdictions in which you may
be located. Access to and use of the Platform or the Services is limited
exclusively to users located in states within the United States where the
Services are available as identified on the Platform. Accessing the Services
from jurisdictions where content is illegal, or where we do not offer Services,
is prohibited.



You further acknowledge that the Services and any related products, information,
documentation, software, technology, technical data, and any derivatives
thereof, that Cerebral makes available (collectively “Excluded Data”) are
subject to the export control and sanctions laws and regulations of the United
States and other countries that may prohibit or restrict access by certain
persons or from certain countries or territories currently including, but not
limited to, Cuba, the Crimea region of the Ukraine, Sudan, Iran, North Korea and
Syria (“Trade Restrictions”). You represent and warrant that you are not: (i)
located in an embargoed country or territory, (ii) under the control of an
entity organized in or a resident of an embargoed country or territory, (iii)
listed on any U.S. government list of persons or entities with which U.S.
persons are prohibited from transacting, including, but not limited to, OFAC’s
List of Specially Designated Nationals and Other Blocked Persons, the U.S. State
Department's Nonproliferation Sanctions lists, the U.S. Commerce Department’s
Entity List or Denied Persons List located at
https://www.trade.gov/consolidated-screening-list; or (iv) subject to end
destination export control regulations, such as, but not limited to, the U.S.
Export Administration Regulations and U.S. Government EU Dual-Use Regulation EC
428/2009. You are solely responsible for complying with Trade Restrictions for
all Excluded Data and any of its content transmitted through the Services.




12. DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITY; RELEASE;
INDEMNIFICATION.



Disclaimer of Warranties. 

YOU EXPRESSLY AGREE THAT ANY ACCESS AND USE OF THE PLATFORM AND SERVICES IS
VOLUNTARY AND AT YOUR SOLE RISK. THE PLATFORM AND SERVICES ARE PRESENTED ON AN
“AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW,
CEREBRAL AND EACH OF THE THIRD PARTIES OFFERING SERVICES VIA THE PLATFORM,
INCLUDING THE MEDICAL GROUPS, THE PROVIDERS, THE PHARMACIES AND THE LABS,
DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, WITH RESPECT TO THE PLATFORM, THE SERVICES, AND ANY CONTENT,
INFORMATION, PRODUCT, SERVICE OR OTHER MATERIALS PROVIDED ON OR THROUGH THE
PLATFORM OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE QUALITY, ACCURACY,
COMPLETENESS OR TIMELINESS OF INFORMATION, QUIET ENJOYMENT, AND NON-INFRINGEMENT
OF THIRD PARTIES’ RIGHTS. CEREBRAL DOES NOT WARRANT THAT THE PLATFORM WILL
FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION,
CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT, OR THAT DEFECTS IN THE
PLATFORM WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES
SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK-UP AND SECURITY.



CEREBRAL DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES, ANY PRESCRIPTIONS
WILL BE WRITTEN FOR YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE
OF THE PRODUCTS OBTAINED THROUGH OUR PLATFORM OR SERVICES, INCLUDING
MEDICATIONS, MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. TO THE
FULLEST EXTENT OF APPLICABLE LAW, CEREBRAL, THE MEDICAL GROUPS, THE PHARMACIES,
THE LABS AND ANY OF ITS AND THEIR RESPECTIVE AFFILIATES DO NOT ACCEPT ANY
LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF
ANY PRODUCTS (INCLUDING MEDICATION) OR SERVICES CONTAINED ON OR MADE AVAILABLE
THROUGH THE PLATFORM, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY
AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH
ANY WARNING LABELS ATTACHED TO MEDICATION.



YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH
PROVIDERS, PHARMACIES, LABS, OR OTHER USERS OF THE PLATFORM. CEREBRAL SHALL NOT
BE LIABLE FOR THE ACTS OR OMISSIONS OF THE CEREBRAL MEDICAL GROUPS, PHARMACIES,
LABS, OR THE PROVIDERS.



Limitation of Liability. 

TO THE FULLEST EXTENT PERMITTED BY LAW, CEREBRAL AND ANY OF THE THIRD PARTIES
OFFERING SERVICES VIA THE PLATFORM, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS,
THE PHARMACIES AND THE LABS, AND ANY OF CEREBRAL’S AND SUCH THIRD PARTIES’
OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, SHAREHOLDERS, PARTNERS, AGENTS,
EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, ASSIGNS, TRANSFEREES,
CONTRACTORS, OR LICENSEES (COLLECTIVELY, THE “RELATED PARTIES”), ARE NEITHER
RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY,
PUNITIVE OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOST PROFITS, LOST DATA, SUBSTITUTE SERVICES, OR BUSINESS
INTERRUPTION, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL
DISTRESS, INCLUDING DEATH) CAUSED BY OR ARISING FROM OR IN CONNECTION IN ANY WAY
TO THE PLATFORM, PRODUCTS, SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE
PLATFORM, INCLUDING ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THE THIRD
PARTIES (AS DEFINED HEREIN), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR SERVICES IS
TO STOP USING THE PLATFORM OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE
FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF
CEREBRAL, THE THIRD PARTIES OR CEREBRAL’S AND THE THIRD PARTIES’ RELATED PARTIES
TO YOU WITH RESPECT TO YOUR USE OR ACCESS OF (OR INABILITY TO USE OR ACCESS) THE
PLATFORM OR SERVICES IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE,
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH
LIMITATIONS OR RELEASES. 



ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM OR SERVICES MUST
BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO WHEN SUCH
ACTION OCCURRED. EXCEPT AS EXPLICITLY PROVIDED HEREIN, YOU UNDERSTAND AND AGREE
THAT YOUR USE OF THE PLATFORM OR SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY
RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING
FROM YOUR USE OF THE PLATFORM OR SERVICES.



SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO
THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS
LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR
LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.



Release. 

You hereby release and hold harmless Cerebral, the Medical Group, the
Pharmacies, the Labs and its and their Related Parties from and against all
claims that you have or may have against them for infringement, violation of the
rights of privacy or publicity, defamation, disparagement, personal injury,
property damage, negligence and/or any other legal theory arising from or in
connection with the Platform or Services and products offered or provided on or
through the Platform or Services and/or the rights and privileges granted or
conveyed by you under these Terms of Use (including, without limitation, those
rights and privileges relating to the User Materials and/or any elements,
derivatives or marketing of the foregoing).



If you are a California resident, you waive California Civil Code Section 1542,
which provides:



A general release does not extend to claims that the creditor or releasing party
does not know or suspect to exist in his or her favor at the time of executing
the release and that, if known by him or her, would have materially affected his
or her settlement with the debtor or released party.



If you are not a California resident, you waive your rights under any statute or
common law principle similar to Section 1542 that governs your rights in the
jurisdiction of your residence. 



Indemnification. You agree to indemnify, defend, and hold harmless Cerebral, the
Third Parties (as defined herein) offering products or services through the
Services, including the Medical Groups, the Providers, the Pharmacies and the
Labs, and its and their Related Parties from and against any claim, actions,
proceedings, demands, damages, losses, liabilities, settlements, costs and
expenses, including, without limitation, reasonable legal and accounting fees
and litigation expenses (“Claims”), resulting or arising from, or alleged to
result or arise from, (i) your violation of these Terms of Use or the Privacy
Policy, (ii) your use or misuse of the Platform, Services, products or features
available through the Platform and Services, or any information posted on the
Platform; (iii) your fraud, misrepresentations, violation of law, negligence or
willful misconduct; (iv) the content or subject matter of any User Materials or
other information you provide to Cerebral, the Third Parties or any customer
service agent; (v) any text messages or other communications that you initiate
to other Users or to third parties through our Services; or (vi) your
infringement of third party intellectual property rights or privacy rights.




13. MODIFICATION, SUSPENSION, OR TERMINATION OF PLATFORM, SERVICES, OR USER
ACCOUNTS.



Termination or Suspension of Platform, Services, or User Accounts. 

Cerebral has the right to suspend or terminate the function or existence of all
or any part of the Platform and/or your User Account at any time, and without
notice as it deems advisable, including where you violate these Terms of Use, as
required by law, or due to security or welfare concerns. To the extent permitted
by applicable law, Cerebral shall not be liable to you or any third party(s) for
any loss or damage that is caused by or arises from or in connection with any
such suspensions or terminations. If Cerebral has previously prohibited you from
accessing or using the Platform, you are not permitted to access the Platform or
its Services.



Survival.

The provisions of these Terms of Use which by their nature are intended to
survive termination or expiration hereof shall survive, including, without
limitation, Section 4 (Payments and Recurring Billing); Section 6 (Prescription
Terms and Pharmacy Services); Section 8 (Intellectual Property); Section 9
(Communications); Section 12 (Disclaimer of Warranties; Limitation of Liability;
Release; Indemnification); Section 13 (Modification, Suspension, or Termination
of Platform, Services, or User Accounts); Section 14 (Dispute Resolution);
Section 15 (Third-Party Services); and Section 16 (General Terms).



Changes to the Platform and Services.  

All information contained on the Platform, including descriptions, images,
references, features, content, specifications, products, and prices of any
products or Services offered by Cerebral or its related third parties on or
through the Platform, are subject to change at any time and without notice to
you (but you are at all times entitled to your rights under Section 5
(Cancellations and Refunds) if you are unhappy with such changes). 




14. DISPUTE RESOLUTION.



PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL
RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.



We will try to work in good faith to resolve any issue you have with the
Platform and Services if you bring that issue to the attention of our customer
service department. However, we realize that there may be rare cases where we
may not be able to resolve an issue to a customer’s satisfaction. If you have a
dispute with us, you agree to resolve such dispute on an individual basis in
accordance with the provisions set forth below.



Initial Dispute Resolution.

Our customer support department is available to address any concerns you may
have regarding the Platform or Services. The parties shall use their best
efforts through this support process to settle any dispute, claim, question, or
disagreement and engage in good faith negotiations which shall be a condition to
either party initiating a lawsuit or arbitration. Failure to engage in this
process could result in the award of fees against you in arbitration. To
adequately engage in initial dispute resolution, each party must notify the
other party, in writing, of the facts of the dispute and all damages claimed.
Such a writing must be sent to (a) the user’s email address on file with
Cerebral, or (b) Cerebral Inc., 340 S Lemon Ave #9892 Walnut, CA 91789 (“Dispute
Notification”). The party receiving the Dispute Notification has thirty (30)
days from receipt of the Dispute Notification to respond. The other party then
has 15 days to reply to the response.



Agreement to Arbitrate.

If the parties do not reach an agreed upon solution within a period of 30 days
from the time informal dispute resolution begins under the Initial Dispute
Resolution provision, then either party may initiate binding arbitration as the
sole means to resolve claims, subject to the terms set forth below. 



Except as explicitly set forth in this Section 14, the arbitrator, and not any
federal, state, or local court or agency, shall have exclusive authority to
resolve all disputes arising out of or relating to the interpretation,
applicability, enforceability, or formation of these Terms of Use, including,
but not limited to, any claim that all or any part of these Terms of Use are
void or voidable; whether a claim is subject to arbitration, any dispute
regarding the payment of administrative or arbitrator fees (including the timing
of such payments and remedies for nonpayment); your relationship with Cerebral,
the Medical Groups, the Pharmacies, and/or the Labs; any disputes with Providers
and/or relating to the Platform or Services or products provided through the
Platform; your User Materials; the threatened or actual suspension,
deactivation, or termination of your User Account; payments made by you or any
payments made or allegedly owed to you; any promotions, benefits, or other
offers; and any other federal and state statutory and common law claims. The
arbitrator shall be empowered to grant whatever relief would be available in a
court under law or in equity. The arbitrator shall also be empowered to
consolidate claims raised between the same parties to a single arbitration
proceeding. The parties agree that the arbitrator may allow the filing of
dispositive motions if they are likely to efficiently resolve or narrow issues
in dispute. The arbitrator’s award shall be written and binding on the parties
and may be entered as a judgment in any court of competent jurisdiction. No
arbitration award or decision will have any preclusive effect as to issues or
claims in any dispute with anyone who is not a named party to the arbitration.



Arbitration is more informal than a lawsuit in court: there is no judge or jury
in arbitration; discovery in arbitration may be more limited than discovery in
litigation; and court review of an arbitration award is limited. This agreement
to arbitrate (“Arbitration Terms”) also applies to claims between you and the
Medical Groups, any Providers, the Pharmacies, and the Labs, and such parties
will be considered intended third-party beneficiaries of these Arbitration
Terms. As used in these Arbitration Terms, the “Arbitral Parties” shall refer to
Cerebral, the Medical Groups, any Providers, the Pharmacies, and the Labs.



Unless you, Cerebral and the applicable Arbitral Parties otherwise agree in
writing, the arbitrator may not consolidate more than one person’s claims, and
may not otherwise preside over any form of any class, collective, consolidated
or representative proceeding.



The arbitration will be administered by JAMS in accordance with the provisions
of its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”),
excluding any rules or procedures governing or permitting class or
representative actions and except that each party will be permitted at least one
deposition unless forbidden by JAMS. If for any reason JAMS is unable to
administer arbitration, either party may apply to a court to appoint an
arbitrator pursuant to 9 U.S.C. section 5. The JAMS Rules governing the
arbitration may be accessed at www.jamsadr.com or by calling JAMS at (800)
352-5267. If you commence arbitration in accordance with these Terms of Use, you
will be required to pay $250 to initiate the arbitration. To the extent the
filing fee for the arbitration exceeds the cost of filing a lawsuit, the
arbitrator may require Cerebral to pay the additional cost. You are responsible
for your own attorneys’ fees unless the arbitration rules and/or applicable law
provide otherwise. If the arbitrator finds the arbitration to be non-frivolous,
Cerebral will pay the remaining filing and arbitrator fees for the arbitration,
provided your claim does not exceed $75,000. For claims above $75,000, fees and
costs will be determined in accordance with applicable JAMS rules. The
arbitration rules permit you to recover attorney’s fees in certain cases. The
parties agree that JAMS has discretion to modify the amount or timing of any
administrative or arbitration fees due under JAMS’s rules where it deems
appropriate, provided that such modification does not increase the costs to you,
and you waive any objection to such fee modification. The parties also agree
that a good-faith challenge by either party to the fees imposed by JAMS does not
constitute a default, waiver, or breach of these Arbitration Terms while such
challenge remains pending before JAMS, the arbitrator, and/or a court of
competent jurisdiction.



The Federal Arbitration Act (“FAA”) will govern the interpretation and
enforcement of these Arbitration Terms. It is your, Cerebral’s, and the Arbitral
Parties’ intent that the FAA and JAMS Rules will preempt all state laws to the
fullest extent permitted by law. If the FAA and JAMS Rules are found to not
apply to any issue that arises under these Arbitration Terms or the enforcement
thereof, then that issue will be resolved under the laws of the State of
California. These Arbitration Terms governs to the extent it conflicts with the
JAMS Rules or FAA.



Any arbitration demand or counterclaim asserted by either party must contain
sufficient information to provide fair notice to the other party of the
asserting party’s identity, the claims being asserted, and the factual
allegations on which they are based. The arbitrator and/or JAMS may require
amendment of any demand or counterclaim that does not satisfy these
requirements.



Unless you, Cerebral and the applicable Arbitral Parties otherwise agree, the
arbitration will be conducted in the county where you reside. If your claim does
not exceed $10,000, then the arbitration will be conducted solely on the basis
of documents you, Cerebral and any applicable Arbitral Parties submit to the
arbitrator, unless you request a hearing or the arbitrator determines that a
hearing is necessary. If your claim exceeds $10,000, your right to a hearing
will be determined by the JAMS Rules. Subject to the JAMS Rules, the arbitrator
will have the discretion to direct a reasonable exchange of information by the
parties, consistent with the expedited nature of the arbitration. The arbitrator
has the right to impose sanctions for any claims the arbitrator determines to be
frivolous or improper (under the standard set forth in Federal Rule of Civil
Procedure 11).



The arbitrator will render an award within the time frame specified in the JAMS
Rules. The arbitrator’s decision will include the essential findings and
conclusions upon which the arbitrator based the award. Judgment on the
arbitration award may be entered in any court having jurisdiction thereof. The
arbitrator may award declaratory or injunctive relief only in favor of the
claimant and only to the extent necessary to provide relief warranted by the
claimant’s individual claim. The prevailing party in arbitration will be
entitled to an award of attorneys’ fees and expenses, to the extent provided
under applicable law.

 

Class Action Waiver. 

YOU, CEREBRAL, AND THE ARBITRAL PARTIES MUTUALLY AGREE TO WAIVE OUR RESPECTIVE
RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE
TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN
ARBITRATION. This will prohibit you from bringing any class, collective, or
consolidated action against Cerebral or any of the Arbitral Parties, and will
also prohibit you from participating in or recovering relief under any current
or future such actions brought against Cerebral or any of the Arbitral Parties
by someone else.



Exception - Litigation of Intellectual Property and Small Claims Court Claims.

Notwithstanding the parties’ decision to resolve all disputes through
arbitration, either party may bring an action in state or federal court to
protect its intellectual property rights (“intellectual property rights” means
patents, copyrights, moral rights, trademarks, and trade secrets, but not
privacy or publicity rights). Either party may also elect to have disputes or
claims resolved in a small claims court that are within the scope of that
court’s jurisdiction. Either party may also seek a declaratory judgment or other
equitable relief in a court of competent jurisdiction regarding whether a
party’s claims are time-barred or may be brought in small claims court in your
state and county of residence. Seeking such relief shall not waive a party’s
right to arbitration under this agreement.



30-Day Right to Opt Out.

You have the right to opt-out and not be bound by the arbitration and class
action waiver provisions set forth above by sending written notice of your
decision to opt-out to the following email address: opt-out@cerebral.com. The
notice must be sent within 30 days of May 13, 2022 or your first use of the
Platform, whichever is later, otherwise you shall be bound to arbitrate disputes
in accordance with the terms of those paragraphs. Your notice must include your
name and address, the email address you used to set up your Cerebral User
Account (if you have one), and an unequivocal statement that you want to opt out
of this Arbitration Agreement. If you opt-out of these arbitration provisions,
Cerebral also will not be bound by them, but all other parts of these Terms of
Use will continue to apply to you.



Changes to this Section.

Cerebral will provide 30 days’ notice of any changes affecting the substance of
this Section 14. Changes will become effective on the 30th day. If you continue
to use the Platform or its Services after the 30th day, you agree that any
unfiled claims of which Cerebral does not have actual notice are subject to the
revised clause.




15. THIRD-PARTY SERVICES.

Parties other than Cerebral, including but not limited to the Medical Groups and
Providers, third-party Pharmacies, the Labs and payment processors, provide
services or sell products through the Services (collectively, “Third Parties”),
and Cerebral may also make available to you certain services, products, content
or resources provided, manufactured, distributed or sold by Third Parties
(“Third-Party Goods and Services”), including links to and advertisements
related to Third-Party Goods and Services. Your use of any Third-Party Goods and
Services and any interactions with Third Parties, including payment and delivery
of goods or services, and any other terms, conditions, warranties or
representations associated with such use or interactions, are solely between you
and such Third Parties. Any use of third-party software explicitly integrated in
connection with the Services, or any Third-Party Goods and Services, will be
governed by the applicable Third Party’s license or terms of use, if any,
including under the Annex to these Terms of Use, and if there is no such license
or terms of use, by these Terms of Use. In addition to these Terms of Use, your
use of the Platform and Services must comply with all applicable third-party
terms of agreement, if any. You should make whatever investigation you feel
necessary or appropriate before proceeding with any online or offline
transaction involving Third Parties or any Third-Party Goods and Services. 

You agree that Cerebral shall not be responsible or liable for any loss or
damage of any sort incurred as the result of your use of any Third-Party Goods
and Services or your interactions with any Third Parties. In the event of any
dispute between you and any Third Party, any other user or any other entity or
individual, you understand and agree that Cerebral is under no obligation to
become involved in such dispute, and you hereby release and indemnify Cerebral
and its Related Parties (as defined below), from any and all claims, demands
and/or damages (actual or consequential) of every kind or nature, known or
unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or
in any way related to such disputes or the Service or the features and services
therein. 


16. GENERAL TERMS.



Governing Law.

These Terms of Use shall be governed in all respects by the internal substantive
laws of the State of California, without regard to its conflict of laws
principles. Except for claims that must be arbitrated pursuant to the
Arbitration Terms, any claim or dispute arising in connection with the Platform
or Services shall be decided exclusively by a court of competent jurisdiction
located in San Francisco County, California, and you consent to the personal
jurisdiction of and venue in such courts and waive any and all jurisdictional
and venue defenses or objections otherwise available.



Force Majeure. 

You understand and acknowledge that the Platform may be subject to limitations,
delays and other problems inherent in the use of third-party communication
networks and facilities that are outside of Cerebral’s control, and thus
Cerebral will not be responsible for any delays, failures, or damages associated
with the Platform which result from any system delays, downtimes, interruptions
or other failures of or problems with the Platform which are outside of
Cerebral’s control. We will not be deemed to be in breach of or liable for any
breach of these Terms of Use or our Privacy Policy due to any event or
occurrence beyond our reasonable control, including without limitation, acts of
God, terrorism, war, invasion, epidemic, pandemic, acts of governmental
authorities and changes in federal, state or local laws and regulations
applicable to the provision of Services, including Telehealth Services, failures
of any public networks, electrical shortages, earthquakes or floods, civil
disorder, strikes, fire, or other disaster.



Amendments to Terms of Use. 

Except as provided in the Dispute Resolution provision in Section 14, Cerebral
may revise these Terms of Use from time to time without notice to you. If we
determine a revision to the Terms of Use, in our sole discretion, is material,
we will notify you as required by law. These changes will be posted on this or a
similar page of the Platform. By continuing to access or use our Platform or
Services after those revisions become effective, you agree to be bound by the
revised terms. We encourage you to read these Terms of Use periodically.



Severability and Entire Agreement. 

In the event that any of the Terms of Use are held by a court or other tribunal
of competent jurisdiction to be unenforceable, such provisions shall be limited
or eliminated to the minimum extent necessary so that these Terms of Use shall
otherwise remain in full force and effect. These Terms of Use constitute the
entire agreement between Cerebral and you pertaining to the subject matter
hereof.



No Waiver.

No waiver of any term of the Terms of Use shall be deemed a further or
continuing waiver of such term or any other term, and Cerebral’s failure to
assert any right or provision under the Terms of Use shall not constitute a
waiver of such right or provision.



Assignment. 

You may not assign, transfer, or delegate the Terms of Use or any part thereof
without Cerebral’s prior written consent. Cerebral may freely transfer, assign,
or delegate all or any part of the Terms of Use, and any rights or duties
hereunder or thereunder. The Terms of Use will be binding upon and inure to the
benefit of your and Cerebral’s heirs, successors, and permitted assignees.



No Third Party Rights. 

By accepting these Terms of Use, you acknowledge and agree that any Services you
receive from the Medical Groups, the Providers, the Pharmacies or the Labs
through the Platform are also subject to these Terms of Use, and that the
Medical Groups, the Providers, the Pharmacies and the Labs are third-party
beneficiaries of these Terms of Use. Otherwise, unless expressly stated in the
Terms of Use to the contrary, nothing herein is intended to create or establish
third-party beneficiary status rights or their equivalent in any other
referenced individual, subcontractor or third party, and, except as specifically
set forth in these Terms of Use, no third party shall have any right to enforce
any right or enjoy any benefit that is created or established under these Terms
of Use. 



CONTACT US.

Please direct any questions you may have about the Platform, Services or these
Terms of Use to any one of the following:



 * By email: support@cerebral.com
 * By phone: (415) 403-2156



The foregoing contact information may change from time-to-time by
supplementation, amendment or modification of these Terms of Use.


Annex: Additional Third Party Terms



Apple iOS App



If the Services that you use include a mobile application that you download,
access and/or use and that runs on Apple’s iOS operating system (an “iOS App”),
you acknowledge and agree that:



 * the iOS App may only be accessed and used on a device owned or controlled by
   you and using Apple’s iOS operating system;
 * these Terms of Use are between you and Cerebral, and not with Apple;
 * Apple has no obligation at all to provide any support or maintenance services
   in relation to the iOS App, and if you have any maintenance or support
   questions in relation to the iOS App, please contact Cerebral, not Apple;
 * except as otherwise expressly set forth in these Terms of Use, any claims
   relating to the possession or use of the iOS App are between you and Cerebral
   (and not between you, or anyone else, and Apple);
 * in the event of any claim by a third party that your possession or use (in
   accordance with these Terms of Use) of the iOS App infringes any intellectual
   property rights, Apple will not be responsible or liable to you in relation
   to that claim; and
 * although these Terms of Use are entered into between you and Cerebral (and
   not Apple), Apple, as a third party beneficiary under these Terms of Use,
   will have the right to enforce these terms against you.



In addition, you represent and warrant that:



 * you are not, and will not be, located in any country that is the subject of a
   United States Government embargo or that has been designated by the United
   States Government as a “terrorist supporting” country;
 * you are not listed on any United States Government list of prohibited or
   restricted parties; and
 * if the iOS App does not conform to any warranty applying to it, you may
   notify Apple, which will then refund the purchase price of the iOS App (if
   any) to you. Subject to that, and to the maximum extent permitted by law,
   Apple does not give or enter into any warranty, condition or other term in
   relation to the iOS App and will not be liable to you for any claims, losses,
   costs or expenses of whatever nature in relation to the iOS App or as a
   result of you or anyone else using the iOS App or relying on any of its
   content.

Truepill Pharmacy

You have a right to select any pharmacy of your choice to fill prescriptions
obtained through our Services. For prescriptions you choose to have filled
through Postmeds, Inc. dba Truepill (“Truepill Pharmacy”), you acknowledge and
agree that:

Authorization to Fill Your Prescription Order and Bill Your Insurance Company.
Anytime you present your prescription(s) and your prescription insurance billing
information, you are authorizing Truepill Pharmacy or one of its affiliates to
bill the fee for your prescription to your insurance company or its agents, and
you agree to pay any out-of-pocket copayment amount assigned by your insurance
company.

Policies and Procedures. Payment in full for services, including any copayments
assigned by your insurance company, are due at the time services are performed
or medications are picked up or delivered. As the patient/guarantor, you are
financially responsible for any fees and costs associated with any services or
products you receive from Truepill Pharmacy. Co-payments will be collected at
the time of service either directly by Truepill Pharmacy or by Cerebral on
behalf of Truepill Pharmacy.  It is your responsibility to know your insurance
benefits and to provide our pharmacy with accurate and current insurance
information. 

If you are a patient with a secondary insurance, a coupon, or other discount
permitted by law and your insurance company, it is your responsibility to
provide both your insurance identification card, secondary insurance
identification card, coupon, or other authorized coupon or discount card. If
Truepill Pharmacy does not have the proper information for a secondary
insurance, including coupons, the secondary insurance will not be billed.  If
your secondary insurance, coupon, or other discount is legal and permitted by
your primary insurance, Truepill Pharmacy will collect payment from that
secondary payor.

Truepill Pharmacy or one of its affiliates will bill your insurance as
applicable, however, you are ultimately liable for any fees and costs not
covered or paid by your insurance. Questions about non-payment should be
directed to your insurance company.  In the event that your medication is not
covered by your insurance company for any reason including, but not limited to:
drug not covered, non-participating pharmacy, out-of-network pharmacy, prior
authorization required, step therapy required, or other rejection message the
Truepill Pharmacy staff, or Cerebral on behalf of the Truepill Pharmacy staff,
will review this information with you including information about how to obtain
prior authorization (if applicable).  You have the option of paying Truepill
Pharmacy cash at its Usual & Customary rate if your medication or order is not
covered by your insurance.  

Patient Responsibility

 * You understand and agree that you are financially responsible for all charges
   for any and all services rendered by Truepill Pharmacy. 
 * You understand that while your insurance may confirm your benefits,
   confirmation of benefits is not a guarantee of payment and that you are
   responsible for any unpaid balance.
 * You understand and agree that it is your responsibility to know if your
   insurance has any deductible, co- payment, co-insurance, out-of-network,
   usual and customary limit, prior authorization requirements or any other type
   of benefit limitation for the services you receive and you agree to make
   payment in full.
 * You agree to inform Truepill Pharmacy of any changes in your insurance
   coverage. If your insurance has changed or is terminated at the time of
   service, you agree that you are financially responsible for the balance in
   full.
 * By agreeing to these Terms of Use, you are attesting that the information
   above has been communicated with you, you had the opportunity to ask
   questions, you had the opportunity to have your prescriptions transferred to
   another pharmacy in lieu of agreeing to have Truepill Pharmacy fulfill the
   prescription, and you have the opportunity to transfer your prescriptions to
   another pharmacy at any point in the future regardless of your agreement to
   the terms of service.



If you're in emotional distress, here are some resources for immediate help:
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Call 988
Crisis Text Line:
Text Home to 741-741

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