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Terms and Conditions of Use

Terms and Conditions of Use

Date of Last Revision: September 22, 2025

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO SECTION 19 BELOW, WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION WHICH WILL PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION.

AMONG OTHER ACTIVITIES, ROCKET HEALTH INC SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN.

THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR MENTAL HEALTH CRISIS, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT ACCESS THE SERVICES FOR EMERGENCY OR CRISIS CARE.

Introduction

These terms and conditions of use ("Terms of Use") describe your rights and responsibilities with regard to the Services. Your access to and use of the Services is subject to these Terms of Use, our Privacy Policy, as well as all applicable laws and regulations. In using certain parts of the Services, you may be presented with additional or supplementary terms regarding the use of those specific Services, and you agree to review and be bound by such additional terms.

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.

YOU UNDERSTAND THAT BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SERVICES.

THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

These Terms of Use Contain the Following Sections:

  • Services Overview, Availability, and Eligibility
  • Telehealth, Pharmacy, and At-Home Testing Services
  • Your Financial Responsibility; No Insurance
  • Body Membership Terms and Conditions
  • Registration and Account Creation
  • Privacy
  • Ownership and License to Use the Services
  • User Content and Rocket Health License to Use Such Content
  • Copyright Notices
  • Restrictions on Use
  • Disclaimer of Warranties
  • Limitation of Liability
  • Indemnification
  • Third-Party Links and Features on the Services
  • Changes to the Terms of Use and the Services
  • Payments
  • Termination
  • Governing Law; Severability
  • Dispute Resolution: Binding Arbitration Clause and Class Waiver
  • Communications by Text Message and Email
  • Miscellaneous Terms
  • Contact Us
  • Notice to Patients - Open Payments Database

Availability

Certain of our Services are currently only available to individuals located in certain states.

1. Services Overview, Availability, and Eligibility

Overview of the Services.

The Services may include (i) providing individuals with information on health care and wellness; (ii) providing individuals with pharmacy services; (iii) providing individuals with access to technology-oriented tools for addressing certain health issues; (iv) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, communications, and pharmacy services; (v) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; and (vi) telecommunications support for using the Services as a means of direct access to a health care provider for communication, consultations, assessments, and treatment by such health care organizations and their providers.

Availability.

Certain of our Services are currently only available to individuals located in certain states. You will be provided with notice of such limitations on availability of certain Services in your location when using those parts of the Services.

Rocket Health Inc is based in the United States. We provide the Services for use only by persons located in the United States. We make no claims or representations that the Services or any material included in the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and you are solely responsible for compliance with local laws, including export laws as applicable.

Eligibility.

Our Services are intended for use by you only if you are 18 years of age or over. To qualify to use the Services, the following must be true, and by accessing or using the Services, you represent and warrant that they are true:

  • You are age 18 or over or, if you are accessing the Services in violation of the Eligibility requirement related to age, you otherwise have the express consent of your parent or legal guardian. Note, however, that some Services may only be available to individuals over the age of 21, and in such circumstances, you will be notified of this requirement.
  • You are located in a state where we operate (depending on the type of Services).
  • You agree to be legally bound by and comply with these Terms of Use.

You understand and agree that satisfying the above requirements does not guarantee that you will receive Services. In addition to the above requirements, Rocket Health Inc and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

To access or use the Services, you must have compatible devices, access to the Internet, and certain necessary software. Fees and charges may apply to your use of mobile services and to the Internet.

2. Telehealth, Pharmacy, and At-Home Testing Services

Telehealth Services.

Telemedicine 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. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:

  • Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
  • Interactions between a patient and health care provider via audio, video, and/or data communications; and
  • Use of output data from medical devices, sound, and video files.

The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information, and will include measures to safeguard your data to ensure its integrity against intentional or unintentional corruption or unlawful access. By accepting the Terms of Use, you agree and consent to Rocket Health Inc, the affiliated physician practices, the health care providers contracted or employed by the affiliated physician practices, and any other health care organization(s) or provider(s) with whom we partner to provide the Services to you sending you disclosures, notices, messages, reports, and other communications either in writing or electronically including without limitation through your account or by email. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us, any affiliated physician practice, any health care provider contracted or employed by an affiliated physician practice, or any health care organization(s) or provider(s) with whom we partner to offer the Services to you liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications. Moreover, you acknowledge and agree that no means of electronic transmission can be guaranteed to be 100% secure. By accessing or using the Services, you agree to us transmitting health and other information to you electronically and that any information sent to or signed by you or us electronically shall be deemed equivalent to as if such information was provided or signed in writing.

Please see our Consent to Telehealth available at Rocket Health Inc/consent-to-telehealth for additional information about the risks and benefits of telehealth. The Consent to Telehealth is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

Your Relationship with Rocket Health Inc.

Rocket Health Inc does not provide any medical services, including via the Services. Rather, Rocket Health Inc provides a technology platform for you to access a health care provider who is employed or contracted with a Rocket Health Inc affiliated physician practice and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Services are for informational purposes only, and are not a substitute for direct in-person health care services in all cases; nor are they an indicator of specific results. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and consulting with an affiliated physician practice or its health care providers through the Services, you are not entering into a provider-patient relationship with Rocket Health Inc.

16. Payments

You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide Rocket Health Inc with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) ("Payment Provider") as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms of Use to determine your rights and liabilities. By providing Rocket Health Inc with your credit card number and associated payment information, you agree that Rocket Health Inc is authorized to immediately invoice your account for all fees and charges due and payable to Rocket Health Inc hereunder and that no additional notice or consent is required. You agree to immediately notify Rocket Health Inc of any change in your billing address or the credit card used for payment hereunder. Rocket Health Inc reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by e-mail delivery to you.

You agree to pay all fees and charges incurred in connection with your use of the Services (including any applicable taxes) at the rates in effect when the charges were incurred. You will pay any applicable taxes relating to such purchases. Unless otherwise indicated, all prices are in U.S. dollars. You are responsible for all charges incurred under your account, including purchases made by you or anyone you allow to use your account (including any person with implied, actual, or apparent authority) or anyone who gains access to your account as a result of your failure to safeguard your authentication credentials, except as otherwise expressly provided in these Terms of Use.

By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due, including recurring fees associated with Subscription Services (as defined below).

You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s) that provide services to you in connection with the Services. Your payments to Rocket Health Inc may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which Rocket Health Inc collects on their behalf. Any health care services or pharmacy services not provided by us, an affiliated physician practice, or the Rocket Health Inc Pharmacy Network, or otherwise made available through the Services are not included in the payments collected by Rocket Health Inc and you may be separately charged by the applicable health care organization(s) and/or provider(s) for such services. In the event that your credit card expires or Rocket Health Inc, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Rocket Health Inc and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified. You are responsible for keeping your payment information (such as credit card number and billing address) accurate and up to date at all times.

Certain products or services offered on the Services may be offered on a subscription basis ("Subscription Services"). For Subscription Services, your payment method will be automatically charged at regular intervals as described during the checkout process for the applicable Subscription Services. Depending on the specific Service you select, you may be charged at the time you submit a request (for instance, a treatment request), and the products or services purchased will begin to be provided after all onboarding steps are complete (for instance, after your treatment request is approved by a provider and you provide all required information).

17. Termination

Rocket Health Inc may suspend or terminate your access to the Services at any time, for any reason or no reason, with or without notice. You may terminate these Terms of Use by discontinuing all use of the Services. Upon termination, all provisions of these Terms of Use which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

18. Governing Law; Severability

Subject to the requirement to arbitrate set forth in Section 19, all matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). If any provision of these Terms of Use is held to be invalid, illegal or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

19. Dispute Resolution: Binding Arbitration Clause and Class Waiver

19.1 Informal Dispute Resolution.

For any and all disputes between you and Rocket Health Inc, the parties will first use their best efforts to settle the dispute informally and in good faith. To start this process, the initiating party must email a written description of the dispute. If you initiate, send (a) a written description and (b) the email address(es) associated with your account to arbitration-notices@velvetrx.com. If we initiate, we'll email the description to the address associated with your account. If unresolved after sixty (60) days, the parties agree to proceed as set forth below. Any applicable statutes of limitation and deadlines are tolled during this informal process.

19.2 Binding Arbitration.

After good-faith informal efforts fail, either party may begin arbitration. If you initiate, email a copy of your demand to arbitration-notices@velvetrx.com. If we initiate, we'll serve the demand to the email on your account.

(a) Mutual Arbitration Agreement. Except as in Section 19.3, all claims/disputes relating to these Terms (including arbitrability and fee timing/payment disputes) are resolved exclusively by binding arbitration. The arbitrator may award any relief available in court, subject to these Terms (including the Limitation of Liability). The Federal Arbitration Act governs this Arbitration Agreement.

(b) Arbitration Procedures. Arbitration is administered by National Arbitration and Mediation ("NAM"). The applicable NAM rules include the NAM Comprehensive Dispute Resolution Rules & Procedures, Fees For Disputes When One of the Parties is a Consumer, and the Mass Filing Dispute Resolution Rules & Procedures (excluding any rules permitting class/representative actions). See https://www.namadr.com or email commercial@namadr.com. If NAM is unavailable, the parties will select another provider. The arbitrator will issue an award with essential findings and conclusions; judgment may be entered in any court with jurisdiction.

19.3 Exceptions to Arbitration.

(a) IP disputes (patent, copyright, trademark, or trade secret) must be brought in the state and federal courts located in New York, New York. (b) Either party may elect small claims court for qualifying disputes; parties may also seek limited equitable relief in court on statute of limitations/small-claims eligibility without waiving arbitration. (c) For any dispute not subject to arbitration, the parties submit to personal and exclusive jurisdiction/venue in New York, New York, agree to service of process by U.S. or certified mail, and waive jurisdictional/venue defenses.

19.4 30-Day Right to Opt Out.

You may opt out of the arbitration/class waiver provisions by sending a signed written notice of your decision to arbitration-notices@velvetrx.com within 30 days of April 23, 2024 or your first use of the Services (whichever is later). If you opt out, we also are not bound by the arbitration provisions.

19.5 Changes to this Section.

We'll give 30 days' notice of material changes to this Section 19; changes take effect on day 30 and apply to claims not yet filed.

20. Communications by Text Message and Email

By initiating SMS enrollment or providing your email, you consent to receiving unencrypted texts/emails from Rocket Health Inc. Texts/emails may not be secure; you accept the risk if you choose to send or receive health or other sensitive information by these channels. Reply "STOP" to end texts (you may receive a final confirmation). To discuss sensitive concerns or issues with messaging, contact us at care@velvetrx.com. For questions about your mobile/data plan, contact your wireless provider.

“SMS consent is optional. By agreeing to the opt in terms, you understand that your mobile information is never shared, is protected by HIPAA and agree to receive marketing and/or transactional, informational, & conversational messages from Velvet Rx. You also agree to the privacy policy and understand that you can opt-out at any time by replying STOP. You can ask for more information by replying HELP or calling +1 (833) 369-4570. Message frequency varies. Message and data rate may apply.”

21. Miscellaneous Terms

No waiver. Failure to enforce any provision is not a waiver of that or any other provision. No agency. These Terms and the Services do not create a partnership, joint venture, employment, or agency relationship. Remedies. Your violation (or threatened violation) constitutes an unlawful and unfair business practice causing irreparable harm; we may seek injunctive/equitable relief in addition to other remedies. Assignment. You may not assign your rights; we may transfer rights/obligations (e.g., merger, asset sale). California §1542 waiver. If you're a California resident, you waive Civil Code §1542 as stated in the Terms. Headings. Headings are for convenience only. Entire Agreement. These Terms constitute the entire agreement (subject to any other agreements you may have with us).

22. Contact Us

Rocket Health Inc. 4517 Morning Dove Way, Oceanside, CA 92057 — care@velvetrx.com

23. Notice to Patients – Open Payments Database

Under federal law, health care providers must report certain transfers of value (e.g., payments from drug and device manufacturers). For more information, visit the U.S. government's Open Payments database: https://openpaymentsdata.cms.gov/.

24. Partner Pharmacies

Our organization is licensed to operate in all 50 U.S. states, ensuring compliance with jurisdictional requirements within the country. We adhere strictly to individual state laws and regulations, including those that may impose additional restrictions on specific services in certain states.