Terms and Conditions

Last Updated: December 15, 2025

PLEASE CAREFULLY READ THE DISPUTE RESOLUTION; BINDING ARBITRATION; JURY AND CLASS ACTION WAIVER; GOVERNING LAW SECTION BELOW REGARDING RESTRICTIONS ON YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING KINSYN (AS HEREIN DEFINED), THESE TERMS AND CONDITIONS, OR ANY TELEHEALTH OR OTHER SERVICES PROVIDED IN CONNECTION WITH OUR WEBSITES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE THE WEBSITES OR OUR SERVICES.

These Terms and Conditions ("Terms") govern use of the websites and mobile applications ("Websites") operated by JRNYS Wellness, Inc. and/or its affiliates (collectively, "KINSYN" or "us"). These Terms also apply to the components of the Websites, associated content ("Content"), products/services offered by KINSYN, including health data aggregator services, and any affiliated sites, software, or applications owned or managed by KINSYN where these Terms are posted (collectively with the Websites and Content, the "Platform Services").

KINSYN is not a healthcare provider. Telehealth services available to Subscribers (defined below) and provided through the Websites ("Telehealth Services") through the KINSYN virtual care platform [and/or affiliated Telehealth applications] (collectively, "Platform") are provided by independent medical practitioners employed by, or contracted with ("Providers") JRNYS Medical, P.A. and affiliated professional entities under common control with JRNYS Medical, P.A. (collectively, the "Professional Entities") To use the Telehealth Services, you must register to become a Subscriber and you must agree to these Terms and Conditions. If you enroll as and become a Subscriber, you may use the Platform to arrange and/or host video, telephone or electronic mail medical consultations with a Provider, electronic medical record storage, and certain other related products and services during your subscription term. Additional terms apply to your subscription to our Platform Services and/or Telehealth Services. Please refer to our Subscription Terms set forth below.

By selecting "I Agree," checking a relevant box to indicate your acceptance, utilizing any other acceptance process presented through the Platform Services or Telehealth Services, or otherwise confirming your acceptance of these Terms, you acknowledge that you have read, understood, and consent to abide by these Terms. If you do not agree with these Terms, refrain from using the Websites and from creating an account or using the Platform Services or Telehealth Services. If you are agreeing to these Terms on behalf of someone else, such as a minor, you represent, covenant and agree that you are legally authorized to act on behalf of such in accordance with applicable law and/or court order.

IN THE CASE OF A MEDICAL EMERGENCY, IMMEDIATELY SEEK IN-PERSON EMERGENCY CARE OR DIAL 911. THE PLATFORM SERVICES AND TELEHEALTH SERVICES ARE NOT SUITABLE FOR ALL MEDICAL CONDITIONS OR CONCERNS.

You should not transmit any health-related information or other sensitive information using the Websites until/unless you are (i) using the Websites to become a Subscriber or (ii) using the Websites for the purposes of registering for or obtaining Telehealth Services.

ONLY CURRENT SUBSCRIBERS MAY USE THE WEBSITES TO OBTAIN TELEHEALTH SERVICES. ANY USE OTHER THAN BY A CURRENT SUBSCRIBER IN ACCORDANCE WITH THESE TERMS IS UNAUTHORIZED AND STRICTLY PROHIBITED.

Acceptance of Terms

Our services are continuously evolving, and we retain the right to revise or eliminate any part of these Terms or the Platform Services or the hosting of Telehealth Services at our sole discretion without prior notification. We reserve the right to update these Terms at any time and to require your agreement as a condition of continued use or the Platform Services, provided that, if you have an active subscription, you may be permitted to continue using the services under the existing Terms through the then-current end date of such subscription. Unless stated otherwise, any new Content added to the Websites is also subject to these Terms upon posting on the Websites. If you disagree with these Terms, your sole remedy is to cease using the Websites and our Platform Services and Telehealth Services. Unless you have an active subscription (in which case we will seek your agreement to updated Terms as described above), continued use of the Websites or the Platform Services or Telehealth Services after posting changes to these Terms signifies your acceptance of the modified agreement.

Your Relationship with Us

We offer products and services from KINSYN as well as those from independent Providers through our Platform Services and Telehealth Services to individuals who subscribe for such services using the Websites ("Subscribers"). Our Platform Services also provide access to prescription fulfillment services offered by pharmacies (referred to as the "Pharmacies").

The Platform Services may also offer access to laboratory services from laboratories (referred to as the "Labs").

By accepting these Terms, you understand and agree that your health information, prescription(s), test requisitions, and orders may be filled and transferred between any of the Labs or Pharmacies as facilitated by the Platform Services.

Furthermore, you may gain access to professional healthcare services provided through the Telehealth Services by a Provider. These Providers offer services through the Telehealth Services. All of the Providers are independent of KINSYN and use the Platform as a way to communication with you.

Through the Platform Services, we provide access to the Providers and do not oversee the practice of medicine by the Providers, each of whom is solely accountable for directing the medical care or treatment provided to you. Any information or advice received from a Provider comes from them alone, and not from KINSYN.

NOTHING CONTAINED IN THE WEBSITES OR THE PLATFORM SERVICES IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT OR CONSTRUED, DIRECTLY OR INDIRECTLY, AS THE PRACTICE OF MEDICINE OR DISPENSING OF MEDICAL SERVICES BY KINSYN. ANY DOCTOR-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE PROVIDER YOU ELECT TO VISIT USING THE PLATFORM FOR TELEHEALTH SERVICES. YOUR USE OF THE WEBSITES AND PLATFORM DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND KINSYN. KINSYN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE TRAINING OR SKILL OF ANY PROVIDER WHO PROVIDES TELEHEALTH SERVICES VIA THE PLATFORM.

AS BETWEEN YOU AND US, RELIANCE ON ANY INFORMATION APPEARING ON THE WEBSITES OR THROUGH THE PLATFORM SERVICES, WHETHER PROVIDED BY KINSYN, ITS AFFILIATES, OR ITS CONTENT PROVIDERS, OR BY PROVIDERS IS SOLELY AT YOUR OWN RISK.

You acknowledge that it is your duty to inform your Provider of interactions regarding your care that you may have with other health care providers to ensure your Provider has your full clinical background when making treatment decisions. You agree to provide all relevant information and discuss any and all diagnosis and treatment options with Providers.

You understand and acknowledge that Providers participating in the Telehealth Services may change from time to time and that from time to time certain Providers may no longer be able to accept new subscribers due to patient volume limits. If your chosen Provider is no longer available, KINSYN will notify you of such unavailability and offer an alternative Provider.

You hereby certify that you are physically located in the state you have entered as your current location in connection with using the Platform to obtain Telehealth Services. You acknowledge that your authorization to use the Platform and access Telehealth Services is conditioned upon the truthfulness of this certification, and that the Providers you access through the Platform are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify KINSYN and the Providers with whom you interact from any resulting damages, costs, or claims.

Without limiting any of the foregoing, you agree that KINSYN is not liable for any loss, injury, or claims resulting from your failure to read or respond to messages, reports, and emails sent via the Platform Services and Telehealth Services or to comply with treatment recommendations or instructions of a Provider.

Minors

THE PLATFORM SERVICES AND THE TELEHEALTH SERVICES ARE NOT AVAILABLE TO INDIVIDUALS UNDER THE AGE OF EIGHTEEN (18) YEARS OLD OR OLDER, AS MAY BE REQUIRED BY YOUR JURISDICTION.

Limited Use and Availability

The Platform Services and Telehealth Services are currently accessible only to individuals in states where such services are offered.

Subscribers must be at least eighteen (18) years old or the legal age of majority in their jurisdiction if higher than eighteen (18) and have accepted these Terms. THE PLATFORM SERVICES AND THE TELEHEALTH SERVICES ARE NOT AVAILABLE TO INDIVIDUALS UNDER THE AGE OF EIGHTEEN (18) YEARS OLD OR OLDER, AS MAY BE REQUIRED BY YOUR JURISDICTION.

By accessing and using the Platform Services and Telehealth Services, you (a) assert you meet the age requirements, (b) confirm your location aligns with the shipping address, (d) pledge to adhere to all applicable laws, and (c) commit to lawful use.

Our Platform Services and Telehealth Services are regulated by certain laws and may evolve due to regulatory changes.

Certain products on the Platform Services and Telehealth Services have age restrictions, and not all products or services are available to all age groups.

In some instances, the Platform Services and Telehealth Services may not be the most suitable channel for medical or mental health care and treatment.

Certain medical conditions may necessitate in-person procedures or different healthcare providers. The Platform Services and Telehealth Services may not be appropriate for specific diagnoses or treatments, requiring in-person office visits. In such cases, you may receive notifications regarding unavailability for your specific concern, along with guidance on the next steps.

Responsibility for Information, Accessibility, and Connectivity

You are responsible for ensuring that you possess and maintain, at your own risk and cost, the necessary software and hardware capabilities (in accordance with any technical, quality, or other requirements specified by KINSYN) to enable your use of the Platform Services and Telehealth Services. This includes having a computer or mobile device with a video camera and internet access.

Any fees incurred, including internet connection or mobile charges, while using the Platform Services and Telehealth Services are your responsibility. You are also obliged to provide accurate, truthful, and complete information in any forms or communications submitted through the Platform Services and Telehealth Services. We reserve the right to modify the access configuration, including software, hardware, or other requirements of the Platform Services and Telehealth Services without prior notice.

Privacy Notices

KINSYN acknowledges the significance of safeguarding the confidentiality and privacy of your personal information. Please refer to our Privacy Policy and Providers' Notice of Privacy Practices for details on how we collect, use, and disclose your personal information and protected health information.

Service-Specific Terms

Protection of Health-Related Information

Upon establishing an account with KINSYN, you create a direct customer relationship that allows you to access and utilize the Platform Services as a Subscriber. In this context, you provide information such as your name, email address, shipping address, and phone number. Such data does not constitute "health" or "medical" information.

However, when using specific aspects of the Telehealth Services, you are likely to provide health information that is subject to various legal protections. We may collect health/medical data in the following circumstances: (1) when we are acting as a business associate to a Provider, (2) with your consent in order to provide you with information about products and services that may be of interest to you, (3) in relation to our health data aggregator services, and (4) as otherwise permissible under applicable law and our Privacy Policy.

Any health information subject to particular protections under state laws will be used and disclosed as per those laws, and information that constitutes protected health information ("PHI") under the Health Insurance Portability and Accountability Act ("HIPAA") will be processed in accordance with HIPAA and the applicable Provider's notice of privacy practices. Note that PHI does not include data that has been de-identified according to HIPAA standards.

Registration, Subscriber Accounts, Passwords, and Security

To access the Platform Services and Telehealth Services, you must register and create an account. Access to the Platform Services and Telehealth Services is granted to Subscribers with registered accounts, consisting of usernames and passwords.

You commit to keeping your information accurate and up-to-date. Failure to do so or submitting false, incomplete, or inaccurate information may lead to the suspension or termination of your account and usage of the Platform Services and Telehealth Services.

You must notify KINSYN promptly of any unauthorized use or security breach related to your account by emailing support@kinsyn.com

You must safeguard the confidentiality of your username and password, and remember to log out after each session.

Using someone else's account is strictly prohibited.

We take steps to protect collected Subscriber data against unauthorized access. However, bear in mind that our Platform Services and Telehealth Services operate on software, hardware, and networks which may require maintenance or experience issues beyond our control. Also, others with access to your devices could access your information, including health data. It is your responsibility to log out of your account when not using it, and to prevent unauthorized physical access to your devices, as well as protect the confidentiality of your credentials.

Content and Proprietary Rights

The Websites include a broad array of Content and functionality. All Content is for use only for individual, non-commercial purposes. Note that, except as otherwise required by law, KINSYN does not make any representations or warranties regarding the accuracy, completeness, or suitability of the Content.

KINSYN retains all of its right, title and interest in and to the Content. You do not acquire any ownership rights in any Content or other KINSYN intellectual property under these Terms or otherwise in connection with your use of the Websites. All rights not expressly granted to you herein are expressly reserved.

Without limiting the foregoing, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any Content other than for your own personal, non-commercial purposes and/or as expressly authorized in writing by KINSYN.

Limited License to Use and Ownership of the Platform Services and Telehealth Services

The Platform Services and Telehealth Services and the Content are protected by copyright laws. Subject to and conditioned upon your compliance with these Terms, you are granted a limited, non-transferable, revocable, non-exclusive, and non-sublicensable right to access and use the Websites and the Platform Services for personal use. If you are a current Subscriber, you are hereby granted a limited, non-exclusive, non-sublicensable, revocable, and non-transferable right to access and make personal use of the technology associated with the hosting of Telehealth Services for the purpose of registering for or obtaining Telehealth Services, which license is subject to and conditioned upon your compliance with these Terms and payment of applicable fees.

All rights in the Platform Services and Telehealth Services are reserved by KINSYN and/or its licensors unless stated otherwise. KINSYN and its licensors retain ownership of all rights, including computer code, themes, images, product descriptions, and more. You may not alter or obscure any copyrighted material or proprietary notices. KINSYN trademarks, are owned by KINSYN and require permission for use, including with third-party products or services. Other trademarks, logos, service marks, and trade names on the Platform Services and Telehealth Services are the property of their respective owners, and may not be used in a manner that violates applicable law. All trademark rights are reserved, and no license is granted under these Terms with respect thereto.

Prohibited Use

You agree to refrain from the following in connection with any and all access to and use of the Platform Services and Telehealth Services:

using or accessing the Platform Services or Telehealth Services (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law;
conducting activities that may be harmful to others or that could damage KINSYN' reputation;
providing false or misleading registration details or other information;
using or facilitating the use of scrapers, robots, or other data-gathering tools;
posting or otherwise submitting any data, materials, content or information which is libelous, defamatory, obscene, fraudulent, deceptive, or contrary to the ownership;
harass, threaten, stalk, disrupt or defraud our users, members or staff, the Providers or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
interfering with security-related features of the Websites, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse-engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Websites, except to the extent that such activity is permitted by applicable law notwithstanding this restriction;
interfering with the operation of the Websites or any user's enjoyment of the Websites, including by positing any content which contains or facilitates any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, interfere or manipulate in any way, or otherwise interrupt or expropriate any aspect of the Websites, any personal or proprietary information, software, equipment, or servers, or to facilitate or promote hacking or similar conduct; or
attempting to do any of the acts described in this list, or assisting any other person in doing so.

The foregoing prohibited uses may result in termination of your ability to access and use the Platform Services and Telehealth Services and/or other components of the Websites, as determined by KINSYN in its sole discretion, with or without notice. In addition, KINSYN may delete any information provided by you that it reasonably believes to be fraudulent, abusive, defamatory, or obscene, or in violation of a copyright, trademark or other intellectual property or ownership right of KINSYN or any other person or entity.

Risks of Telehealth Services

By using the Platform Services and the Telehealth Services remotely, you acknowledge the potential risks associated with Telehealth Services. These include, without limitation, the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Providers; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.

License for Submitted Information via the Platform Services and Telehealth Services

To the extent permissible under applicable law, any information transmitted to us concerning the Platform Services and Telehealth Services, whether directly or through email, including data, questions, comments, or suggestions (referred to as "Submissions") may be freely used by us as set forth herein. For clarity, Submissions do not include medical or other health information. Subject to applicable laws, you grant KINSYN a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, sublicensable to use, distribute, reproduce, modify, and otherwise exploit Submissions in connection with the Platform Services and Telehealth Services.

Third-Party Products and Services

Services or products offered in connection with the Platform Services and Telehealth Services by parties other than KINSYN or Providers, such as Labs and Pharmacies (collectively referred to as "Third Parties"), as well as certain services, devices, items, or products provided by Third Parties and available for purchase in connection with the Platform Services and Telehealth Services, are collectively referred to as "Third-Party Products and Services."

Any interactions, transactions, or engagements with Third Parties, including payments, product deliveries, and other terms, are solely between you and the respective Third Party. Prior to proceeding with any transactions involving Third Parties or Third-Party Products and Services, it is advised that you conduct appropriate investigations and due diligence.

You acknowledge that KINSYN is not liable for any losses or damages, whether direct or indirect, arising from your use of the Platform Services and Telehealth Services to interact or conduct business with Third Parties or arising from your use of Third-Party Products and Services.

In situations where disputes arise between you and Third Parties, you understand and agree that KINSYN is not obliged to mediate in such disputes.

Control of the Websites; Modification of the Terms; Termination

Websites may provide links to third-party websites, but KINSYN is not responsible for the terms and conditions, privacy practices, content, services, or any other aspect of those third-party websites. Any link on the Websites to any third-party website should not be construed as KINSYN' endorsement or recommendation of such website, its services, terms, or operator, or any of the content therein.

Any update to these Terms will not apply to your ongoing use of our services until and unless you expressly agree to the updated Terms, although such agreement may be a condition of your ongoing use of the Platform Services and Telehealth Services. In other respects, we reserve the right to change these Terms as they relate to the Platform Services or Telehealth Services on a going-forward basis at any time. If such an update to these Terms materially modifies any of your rights or obligations, we will post notice of the update on the Websites for a reasonable period of time.

KINSYN may suspend, modify, discontinue, or terminate these Terms and your access to the Platform Services or Telehealth Services at any time, subject to your subscription, if any, without cause and without prior notice. In addition, KINSYN may suspend or terminate these Terms and your access to the Platform Services or Telehealth Services if you violate these Terms. Provisions related to security, copyrights, trademarks, Submissions, disclaimers, liability limitations, arbitration, indemnity, and jurisdictional matters will survive termination of these Terms, as will any other provisions which by their nature should survive.

Notice

KINSYN may communicate with you via email, posted notices on the Platform Services or Telehealth Services, or regular mail regarding the Platform Services and Telehealth Services or these Terms.

Consent to Receive Electronic Communication and Signatures

By accessing the Platform Services or Telehealth Services, using email, or sending SMS messages to us or the Providers, you consent to electronic communication. We may communicate with you through email, SMS, or the Platform Services and Telehealth Services. All electronic indicia of agreement, notices, and disclosures provided electronically satisfy the legal requirement for written signature and/or written communication.

By providing your mobile number in connection with the Platform Services and/or the Telehealth Services, you consent to receive text messages from us or the Providers. Consent is not a condition of purchasing any goods or services. Message and data rates may apply. Not all mobile devices may be supported, and text messaging may not be available in all areas. We and our Providers and the supported mobile carriers are not liable for delayed or undelivered messages. You may opt out at any time by replying "STOP." After replying STOP, you may receive additional communications confirming that your request has been received and processed.

Procedure for Unlawful Material

If you believe your copyrighted work has been posted on the Platform Services or Telehealth Services in a manner constituting copyright infringement, please call us at 1-877-455-8223

DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act (the "DMCA," 17 U.S.C. §512, as amended) as applicable to the Websites and our services.

If you have an intellectual property rights-related complaint about material posted on the Platform Services or Telehealth Services, you may contact our designated agent at the following address:

KINSYN
ATTN: Legal Department (Copyright Notification)
515 Congress Avenue, Unit 1515
Austin, Texas 78701

1-877-455-8223

Email: support@kinsyn.com

Please note that, under applicable law, if you knowingly give false, misleading or inaccurate information that material is infringing, you may be subject to civil or criminal penalty. Any notice under the DMCA alleging that materials hosted by or distributed through the Websites or our services infringe intellectual property rights must include all of the information required by the DMCA for such notices.

Disclaimer of Warranties

YOU ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM SERVICES OR TELEHEALTH SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON OR PROVIDED THROUGH THE PLATFORM SERVICES AND TELEHEALTH SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. KINSYN AND ITS MEMBERS, SHAREHOLDERS, DIRECTORS, MANAGERS, EMPLOYEES, OFFICERS, OFFICERS, CONTRACTORS, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, "AFFILIATES") HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, KINSYN MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED HEREUNDER. WITHOUT LIMITATION OF THE FOREGOING, KINSYN SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY PARTICIPATING PROVIDERS PROVIDING MEDICAL CARE TO SUBSCRIBERS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KINSYN OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF THE SERVICES OR LOSS OF INFORMATION, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE THE PLATFORM SERVICES OR TELEHEALTH SERVICES OR BY OTHER MEANS OR ANY INFORMATION OR PRODUCTS CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED OR SERVICES SUBSCRIBED TO ON THE WEBSITES OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF KINSYN IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME.

TO THE EXTENT CERTAIN JURISDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY, SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT KINSYN' AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES AND IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS UNAVAILABLE SHALL NOT EXCEED: (A) THE SUBSCRIPTION PRICE PAID BY YOU FOR A SINGLE SUBSCRIPTION PERIOD AT THE TIME OF THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, OR (B) IN THE EVENT NO SUBSCRIPTION PRICE WAS PAID OR REQUIRED, ONE THOUSAND DOLLARS ($1,000).

Indemnity

You agree to defend, indemnify and hold harmless KINSYN (including, without limitation, our affiliates, the Professional Entities) from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions and suits (at law or in equity), fees, costs, and attorneys' fees of any kind whatsoever arising, directly or indirectly, out of or in connection with (i) your misuse of the Platform Services and Telehealth Services or any information posted on the Platform Services and Telehealth Services, (ii) your violation of applicable law Services, (iii) your breach of these Terms, the Subscriber Terms, (iv) your relationship with any Provider, (v) any information you provide to us or any Provider, and/or (vi) any negligent or wrongful action or omission by you in the use or misuse of the Platform Services and Telehealth Services or any component of the Websites, including, without limitation, infringement of third party intellectual property rights or privacy rights, or negligent or wrongful conduct.

Dispute Resolution; Binding Arbitration; Jury and Class Action Waiver; Governing Law

Both you and JRNYS agree that any legal claims, disputes, or controversies between you and JRNYS (including any of our affiliates), including disputes concerning the applicability, enforceability, or validity of any provision in these Terms or your use of the Platform Services and Telehealth Services (collectively referred to as "Disputes"), that are not resolved through informal dispute resolution (as defined below), shall be resolved through confidential binding arbitration.

This arbitration will be conducted by a single commercial arbitrator from the American Arbitration Association ("AAA") instead of in a court, as described in these Terms.

The arbitration process will be governed by the AAA's Consumer Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer-Related Disputes (collectively referred to as "Rules and Procedures").

By agreeing to arbitration, you acknowledge that you are voluntarily and knowingly waiving your right to a trial by jury and to initiate a lawsuit in state or federal court, except as provided in these Terms. This arbitration agreement also covers Disputes arising before the existence of this or any prior version of these Terms, as well as claims that may arise after the termination of these Terms.

In the event of a Dispute, we are committed to working with you to find a reasonable resolution through informal efforts. We believe that good faith attempts to informally resolve Disputes can lead to a prompt, cost-effective, and mutually beneficial outcome. Therefore, before either party initiates arbitration, we will engage in a good faith effort to resolve the Dispute informally through a telephonic or video conference meeting ("Informal Dispute Resolution Conference"). This conference aims to resolve any Dispute covered by this arbitration agreement. If represented by counsel, your counsel may participate, but you should also take part in the conference.

To initiate an Informal Dispute Resolution Conference, the party initiating the Dispute must provide written notice to the other party ("Notice") within 45 days after the receipt of the Notice by the other party, unless both parties agree on an extension. The Notice should include your contact information, counsel's contact information (if applicable), and a description of the Dispute. The Informal Dispute Resolution Conference should be individualized for each Dispute, and multiple parties cannot participate in a single conference unless all parties agree.

If the Informal Dispute Resolution Conference does not lead to a resolution within 30 days, either party may begin arbitration. Arbitration is a less formal process than a court trial and involves a neutral arbitrator instead of a judge or jury. An arbitrator's award can be equivalent to the relief a court would provide. Payment for arbitration costs will follow the AAA's fee schedule, and each party will cover its own attorneys' fees and expenses unless required otherwise by law.

The arbitration will take place in Dallas, Texas, unless your residence is not within 100 miles of Dallas, in which case it may be conducted within 100 miles of your residence, unless both parties agree otherwise.

The arbitrator's decision will be final and binding and can be entered as a judgment in a court of competent jurisdiction. The Federal Arbitration Act will govern the interpretation and enforcement of this arbitration agreement and the arbitration proceedings. For more information about the AAA and its arbitration rules, you can visit their website.

Notwithstanding the foregoing, Disputes related to our or our licensor's intellectual property rights, and Disputes related to any unauthorized or unlawful use of the Platform Services, the Telehealth Services, or the Websites, or any other claims requiring urgent legal relief, may be brought in state or federal courts in Dallas, Texas.

Additionally, individual actions in small claims court may be taken if the scope of the court's jurisdiction allows, as long as it remains an individual action.

Both parties waive their rights to a jury trial and agree to resolve Disputes through individual arbitration. Class, collective, and representative actions are not allowed, and claims of multiple customers or Subscribers cannot be consolidated. These Terms aim to resolve Disputes on an individual basis. Opting out of this arbitration agreement is permitted only within 30 days of your agreement to these Terms by written notice to our contact address set forth herein.

Before initiating arbitration, the complaining party must provide written notice of the Dispute and the desired relief. If any part of this arbitration agreement is found to be invalid, the remainder of these Terms will still be in effect.

These Terms are governed by the laws of the State of Texas without regard to its conflict of laws provisions.

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Subscription Terms

In addition to the Terms and Conditions set forth above, these Subscription Terms apply to Subscribers of our Platform Services and/or Telehealth Services.

Platform Services-Specific Terms

Certain products and services accessible via the Platform Services necessitate purchasing via an automatically renewing subscription model. For such subscription-based items, your designated payment method will be automatically charged at specified intervals, as outlined during the checkout process. This cycle continues until you cancel the subscription.

We or the Providers may periodically contact you through the Platform Services to update your information and facilitate ongoing subscriptions.

Your subscriptions to the products and services via the Platform Services will renew automatically per your specified interval unless you cancel prior to the renewal processing date. We may also offer the option to pause your subscription temporarily. If you fail to cancel before the pause period's end, automatic charging will resume. Subscription plans and prices may change, with advance notice provided for price adjustments or plan changes.

To enhance the user experience, the total subscription price for the majority of services is displayed and payable as a single payment. However, if a subscription product requires a Provider consultation, involves prescription products from Pharmacies, the total price incorporates charges for usage of the Platform Services, Pharmacy prescription drugs, and Provider services. These charges are collected and paid to the respective entities on your behalf.

Prescription Products

Certain products offered through the Platform Services require a valid prescription from a licensed healthcare provider. Prescription products necessitate completion of a consultation with a Provider, who assesses your suitability for the prescription and then provides it if deemed appropriate.

Upon receiving a prescription, you will receive guidance on how to fill it. Some prescriptions can be fulfilled via the Pharmacies using the Platform Services, or you can choose to fill the prescription at any other pharmacy. Prescriptions may also be transferred among the Pharmacies without notice. Not all prescriptions from the Pharmacies include child-resistant packaging.

Prescriptions not available via the Pharmacies or required to be filled locally are indicated during Platform Services use and typically pertain to common primary care conditions.

If you complete a consultation with a Provider and obtain a prescription through the Pharmacies, the prescription product's cost is included in the Platform Services' total charge, as described in this section. If you use a non-KINSYN pharmacy, the prescription will be sent there, and you are responsible for collecting the product and directly paying for it.

KINSYN and Providers do not endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, the Provider may limit supply based upon state regulations, and will prescribe a medication as determined in their own discretion and professional judgment. KINSYN DOES NOT REPRESENT OR PROVIDE ANY ASSURANCE OR GUARANTEE THAT ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU IN CONNECTION WITH ANY TELEHEALTH SERVICES YOU OBTAIN THROUGH THE PLATFORM. Providers may deny care in accordance with their sole professional judgment.

You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all labels and information provided to you and to contact a physician or pharmacist if you have any questions regarding the prescription. KINSYN and Providers fully respect your freedom of choice, and, if you receive a prescription for a medication, you have the option to instruct the applicable Provider to transmit that prescription to the pharmacy of your choice.

Not an Insurance Product

YOU ACKNOWLEDGE AND UNDERSTAND THAT NEITHER THESE TERMS NOR ANY SUBSCRIPTION CONSTITUTES INSURANCE. THESE TERMS DO NOT PROVIDE COMPREHENSIVE HEALTH INSURANCE COVERAGE, ARE NOT A CONTRACT OF INSURANCE, AND ARE NOT REGULATED BY THE INSURANCE LAWS OF YOUR STATE OR ANY OTHER STATE. The Terms do not meet any individual health insurance mandate that may be required by federal or state law. You acknowledge that you are not entitled to health insurance protections for consumers under any state or federal laws. You additionally acknowledge that none of KINSYN nor its Providers will file any claims against any insurance policy or plan for reimbursement for any services you receive using the Platform Services or the Telehealth Services, and that obtaining a health care provider through such services will likely not qualify for any primary care provider requirement that exists in a third-party insurance plan. If you have an insurance policy, your insurance may include, at no additional charge, some of the Platform Services and Telehealth Services that you receive under your subscription. The Telehealth Services should not be utilized for emergency medical problems. This provision shall survive termination of these Terms. For the sake of clarity, THESE TERMS ARE NOT HEALTH INSURANCE AND THE PROVIDER WILL NOT FILE ANY CLAIMS AGAINST THE PATIENT'S HEALTH INSURANCE POLICY OR PLAN FOR REIMBURSEMENT OF ANY HEALTH CARE SERVICES COVERED BY THESE TERMS. THESE TERMS DO NOT QUALIFY AS MINIMUM ESSENTIAL COVERAGE TO SATISFY THE INDIVIDUAL SHARED RESPONSIBILITY PROVISION OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT. THESE TERMS ARE NOT WORKERS' COMPENSATION INSURANCE AND DO NOT REPLACE AN EMPLOYER'S OBLIGATIONS UNDER STATE LAW. THESE TERMS DO NOT CONSTITUTE INSURANCE AND ARE NOT SUBJECT TO THE STATE INSURANCE LAWS, NOR DOES THE ACT OF ENTERING INTO A DIRECT HEALTH CARE AGREEMENT CONSTITUTE THE BUSINESS OF INSURANCE.

The fees paid for the subscription are allocated as between KINSYN (for the provision of the Platform) and to Providers (for the provision of Telehealth Services) as well as, potentially, with third party providers such as pharmacies and laboratories. As applicable Providers shall cover the rendering of medical care by the Providers only, and shall not cover the cost of any diagnostic or other laboratory tests, prescription medications or medical devices, specialty medical care rendered by any third party, or any other referral made by the Provider to another third party except as set forth to the contrary in the subscription program chosen by Subscriber.

Laboratory Products and Services

Certain laboratory products and services offered through the Platform Services, including at-home testing kits, require a prescription or order from a licensed healthcare provider. Access to these services involves a consultation with a Provider, who will prescribe or order the appropriate laboratory product or service.

If you receive laboratory services through the Platform Services, the corresponding materials are shipped by the Lab, with costs incorporated into the Platform Services' total charge.

Telehealth Services-Specific Terms

These terms and conditions specify the terms and conditions under which you may participate in the direct health care membership program for Telehealth Services offered by KINSYN on behalf of Providers.

Your membership to the Telehealth Services will automatically renew either on a monthly or a quarterly (every 3 months) basis according to your selection. The membership fee will vary based on the package you choose. Your designated payment method will be automatically charged per your specified interval, as outlined during the checkout process. This cycle continues until you cancel the membership.

You understand that in order to receive any Telehealth Services, you are required to complete the necessary steps to create a provider/patient relationship in accordance with applicable state and federal laws. Those steps include, but are not limited to:

Completing a Medical History Disclosure; and
Agreeing to any additional intake forms and confirming an understanding that the Provider is not obligated to accept you as a patient.

You hereby agree to enroll as a subscriber in the Telehealth Services. Subscription includes only the covered products and services listed when you subscribe and no other services. KINSYN may add or discontinue products and services at any time, in its sole discretion to the extent permitted under applicable law. You will be provided at reasonable advance written notice upon any change to the products or services to the extent permitted by applicable law. The right to use Telehealth Services and these Terms is non-transferable. The Subscription must be associated only with a single individual over the age of legal majority in the applicable jurisdiction. KINSYN reserves the right, in its discretion, to exclude any individual(s) from the subscription or to terminate participation in any subscription, for cause, including abuse of the membership, failure to comply with the Terms and Conditions, or fraud, misrepresentation, or other conduct detrimental to the interests of KINSYN and/or Providers. Any such exclusion or termination may affect eligibility for further participation in this or any other membership or subscription program offered by KINSYN.

Notice Regarding Your Financial Responsibility for the Platform Services and Telehealth Services

KINSYN is not registered with, nor does it participate as a provider in, any federal or state healthcare programs (such as Medicare or Medicaid) for delivering healthcare or mental health services or supplies. Consequently, neither you nor KINSYN can receive payment from these programs for services or products provided by KINSYN.

Additionally, if any of the Labs, Pharmacies, or Providers are enrolled in federal or state healthcare programs, the manner in which services and products are provided through the Platform Services or Telehealth Services typically prevents coverage under these programs.

By opting to use the Platform Services or Telehealth Services, you are expressly choosing to acquire services and products on a cash basis outside of federal or state healthcare programs. As a result, you bear full financial responsibility for all services or products received.

By consenting to use the Platform Services and Telehealth Services, you acknowledge and agree that:

You are deliberately selecting to obtain services and products on a cash basis outside of federal or state healthcare programs, and you solely assume financial responsibility for all services and products obtained through the Platform Services and Telehealth Services; and
Neither you nor KINSYN, the Labs, the Pharmacies, or the Providers will seek reimbursement from any federal or state healthcare program for the expenses related to services and products received through the Platform Services and Telehealth Services.

Cancellation Policy for KINSYN Telehealth Services and Platform Services

At KINSYN, we understand that circumstances can change, and flexibility is essential. Our cancellation policy is designed to be fair to both our clients and our service providers. We kindly ask you to read and understand our policy regarding appointment and subscription cancellations in relation to the Telehealth Services and Platform Services.

Subscription Cancellation

Method of Cancellation: Subscribers can cancel their subscription applicable, through their account dashboard on our Website or by contacting our customer support team at support@kinsyn.com.
Refunds: No refunds will be issued for cancellations made within 7 days of the next billing cycle. [For cancellations made with more than 7 days' notice, a prorated refund will be provided based on the remaining days in the current billing cycle.] [Partially used subscription periods are non-refundable, although refunds may be granted on a case-by-case basis at our sole discretion.]
Effect of Cancellation: Upon cancellation, Subscribers will continue to have access to KINSYN services including Telehealth Services until the end of their current billing cycle. Cancellation will take effect at the end of the current subscription period.
For Telehealth Services, your initial telehealth fee of $X will not be refunded if your medical profile has been reviewed by a doctor. Medical reviews take your Provider a significant amount of time and as such we cannot initiate a refund after such a review has taken place.

Product Cancellation

Due to the sensitive nature of medical products and the paramount importance of maintaining their sterility, we are unable to accept returns of any medical products once they have been shipped. This policy is in place to protect our customers and ensure that all products received are safe, sterile, and have not been compromised in any way.

Appointment Cancellation

Rescheduling: If you need to reschedule an appointment, please do so at least 24 hours in advance.
Late Cancellations and No-Shows: Appointments canceled less than 24 hours before the scheduled time or missed appointments without notice will incur a medial fee of $25 per visit charged to the card on file.

Exceptions

We understand that emergencies happen. If you need to cancel due to an emergency, please contact our customer support team to discuss your specific situation.

Changes to this Cancellation Policy

KINSYN reserves the right to modify this cancellation policy at any time. Changes will be effective immediately upon posting on our Websites.

For any questions or assistance regarding this cancellation policy, please contact our customer support team.

Terms of Purchase

All products and services available for purchase from KINSYN are subject to availability, and we retain the right to impose limits on quantities or reject any part of an order. In the event of an error, we reserve the right to rectify the error by adjusting your order or canceling it with a refund.

Product prices are subject to change at our discretion. You are responsible for any applicable taxes, fees, levies, or duties imposed by authorities for your purchases through the Platform Services or Telehealth Services.

If necessary, we will collect applicable taxes as required by law. Please note that we may revise estimated tax amounts at checkout.

Only valid payment methods accepted by us can be used for purchases through the Platform Services or Telehealth Services. You affirm that you are authorized to use the designated payment method and we are authorized to charge your payment method any fees for the Platform Services and the Telehealth Services.

By providing your payment information, you grant us the right to provide this information to third parties (e.g., payment processing companies) for transaction facilitation. If your designated payment method is declined, we will make further attempts to process your charge.

We may update your payment information with data provided by your payment card issuer. You are responsible for any fees imposed by your bank or payment card issuer.

In case any products are unavailable, we will only charge for the items included in the shipment. You may be required to provide transaction-related information, such as payment card details, billing and shipping addresses, email, and phone number, as part of the purchase process. By submitting this information, you authorize us to share it with third parties (e.g., payment processors) to facilitate transactions.

We use an online payment processing application provided by third-party payment vendors, such as Stripe, Square, and Authorize.net. Information about payment processors' privacy policies and security measures can be found on their respective websites.

Shipping and handling charges, if applicable, will be presented to you during checkout. We reserve the right to adjust these charges, notifying you of changes before you complete your purchase. Any stated delivery dates or times are estimates and not guarantees. Risk of loss transfers to you upon delivery to the designated carrier.

We reserve the right to handle Subscriber concerns on a case-by-case basis.