Terms of Service

Date of Last Revision: 5/1/2026

AMONG OTHER ACTIVITIES, ONDRA HEALTH’S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. THESE SERVICES MAY NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY SET FORTH IMPORTANT TERMS YOU NEED TO KNOW ABOUT THE SERVICES.

YOU UNDERSTAND THAT BY ACCESSING OR USING THE SITES OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED 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 SITES OR ANY SERVICES PROVIDED ON OR THROUGH THE SITES.

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

Introduction

Ondra Health Inc, and its respective affiliates, collectively “Ondra Health”, “we”, “us”, or “our”, own and operate the websites located at https://ondra.health, collectively, the “Websites,” and collectively with any affiliated mobile application, the “Sites”. The Sites are intended to facilitate the provision of the Services to registered users. The “Services” may include providing individuals with information on health care and wellness, 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, administrative support in connection with scheduling and payment for health care provider services and pharmacy services, and telecommunications support for using the Services as a means of direct access to health care providers provided by Wasef Health, PC c/o Michael Wasef MD and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers.

Our clinical providers are Wasef Health, PC c/o Michael Wasef MD. They can be contacted at contact@wasef-health.com. Wasef Health PC has its office located at 5260 78th Ave N, PO Box 1697, Pinellas Park, FL, 33780. Visit wasef-health.com to learn more.

These terms and conditions of use, “Terms of Use”, describe your rights and responsibilities with regard to the Ondra Health Sites that you may use to receive Services. Your access to and use of the Sites is subject to these Terms of Use, our Privacy Policy available at https://ondra.health/, as well as all applicable laws and regulations. In these Terms of Use, the terms “you” and “yours” refer to the person using the Services. Even though you may have arrived at the Sites through a website or mobile application operated or controlled by a third party, including by an affiliate of Ondra Health, you understand and agree that these Terms of Use are entered into between you and Ondra Health. If you do not accept and agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Sites, Services, or any information or Content provided through the Sites or Services.

The Sites and Services are continually under development, and Ondra Health reserves the right to review, modify, or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. You should check the Terms of Use from time to time when you use the Sites or Services to determine if any changes have been made. Any changes to these Terms of Use are effective upon posting to the Sites. Unless otherwise indicated, any new Content added to the Services is also subject to these Terms of Use upon posting to the Sites. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Sites and/or Services. Your continued use after a change has been posted constitutes your acceptance of the changes.

Use of these Terms of Use includes acceptance of the use of Bask Health Inc’s platform and its applicable privacy policy located on the Bask Health website, including bask.health and bask.bio.

Availability

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

Eligibility

In order to qualify to use the Services, the following must be true:

You are age 18 or older.

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 through Ondra Health. In addition to the above requirements, Ondra Health 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.

Requirements for Use

You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Sites. Fees and charges may apply to your use of mobile services and the Internet.

Special Consent to 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 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 imaging data and will include measures to safeguard the data to help ensure its integrity against intentional or unintentional corruption.

Please see our Consent to Telehealth available on the Sites for a description of the risks and benefits of telemedicine. The Consent to Telehealth is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

Ondra Health understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy available on the Sites at https://ondra.health/ for a description of how we may collect and use your personal information, and the applicable Notice of Privacy Practices for Wasef Health, PC and similar affiliated professional entities for a description of how these entities may use and disclose your medical information and how you may access that information. The Privacy Policy and applicable Notice of Privacy Practices are hereby incorporated into these Terms of Use by reference and constitute a part of these Terms of Use.

Your Relationship with Ondra Health

Ondra Health does not provide medical services, including through the Sites and Services. Rather, Ondra Health provides a technology platform for you to access a health care provider employed or contracted with Wasef Health, PC c/o Michael Wasef MD or similar affiliated professional entities 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 the Services are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and, in certain cases, consulting with a Wasef Health, PC or affiliated health care provider through the Services, you are not entering into a provider-patient relationship with Ondra Health.

By accepting the Terms of Use, you agree and consent to Ondra Health, Ondra Health affiliates, Wasef Health, PC, affiliated professional entities, or health care providers sending you disclosures, notices, messages, reports, and other communications. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us or any Ondra Health affiliate liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or your failure to comply with any treatment recommendations contained in these communications.

Communications by Text Message and Email

By opting in to receive text messages from Ondra Health or by sending Ondra Health an initial text message, you consent to receiving text messages regarding your Ondra Health account and use of the Sites and Services. These text messages may include order confirmations, shipping notifications, messages from your health care provider, and other transactional messages, as well as promotional and marketing notifications, to the extent you have opted in to receive such messages from Ondra Health.

With your SMS enrollment, you represent and understand that you are the owner or authorized user of the mobile device you used to initiate SMS enrollment, you are authorized to approve any applicable charges in connection with the text messages you send to and receive from Ondra Health, you will be responsible for all messaging and other data charges that may apply, and neither Ondra Health nor your or Ondra Health’s mobile carriers will be liable for delayed or undelivered messages.

Access to the Services and the Sites is not conditioned upon your consent to receive marketing or promotional text messages from Ondra Health. You can opt out of any Ondra Health SMS services at any time by texting “STOP” to the message received from the mobile device that is subscribed to receive the SMS messages. After you send the text message “STOP” to us, we may send you one final text message to confirm that you have been unsubscribed. If you have opted in to receive more than one type of text message from Ondra Health, you will need to opt out of each SMS service to which you are subscribed. Until you have done so, you may continue to receive the types of text messages that you have opted in to receive but have not unsubscribed from.

You also understand that while Ondra Health takes your privacy and the security of your health and other sensitive information 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 Ondra Health 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, you do so at your own risk. By initiating SMS enrollment, you consent to sending text messages to Ondra Health and receiving text messages from Ondra Health that are not encrypted. Likewise, by emailing Ondra Health or giving Ondra Health your email, you consent to receiving unencrypted email messages from Ondra Health.

If you are experiencing any issues with Ondra Health’s text messaging or email services, or if you have any concerns about sending or receiving sensitive information through text or email, please contact us directly at care@ondra.health. If you have questions specific to your text or data plan, please contact your wireless provider.

Consultative Service

In some cases, a Wasef Health, PC or affiliated health care provider may use the Services to provide advice or treatment to you. A health care provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Therefore, the health care provider may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk of this limitation, Ondra Health strongly encourages you to provide all relevant information and discuss all diagnosis and treatment options with a health care provider.

A health care provider utilizing Ondra Health may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. You further agree and accept that any diagnosis you may receive is limited and, in some cases, provisional; the health care services are not intended in all cases to replace a full medical evaluation or an in-person visit with a health care provider; a health care provider acting through the Services may not have important information that is usually obtained through a hands-on physical examination; and the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease, or injury.

For more information regarding the health care services offered by health care providers utilizing the Services, please visit https://ondra.health/.

Site Content

Except for specific communications received from Wasef Health, PC or affiliated health care organizations and providers, none of the Content you receive through the Sites should be considered medical advice.

Registration and User Accounts

Although certain parts of the Sites may be accessible by any individual, you may be required to register with Ondra Health in order to access the Services. The Services are available only to users who have registered with Ondra Health and to other persons affiliated with Ondra Health who have been granted accounts with usernames and passwords, referred to as “Secure Users”. If you are a Secure User, you agree to provide information that is accurate, complete, and correct, and to accurately maintain and update any information about yourself that you have provided to Ondra Health. If you do not maintain such information, or Ondra Health has reasonable grounds to suspect as much, Ondra Health has the right to suspend or terminate your account and your use of the Services.

You also agree to immediately notify Ondra Health of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Services by emailing Ondra Health at care@ondra.health. Ondra Health may take any and all actions it deems necessary or reasonable to maintain the security of the Sites, Services, and your Secure User account.

You agree to keep confidential your username and password and to exit from your Secure User account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, create more than one account, or use anyone else’s account at any time. Ondra Health explicitly disclaims liability for any losses and damages arising from your failure to comply with this section. You acknowledge and agree that all or any part of the Sites may not be accessible at any time, for any period, or for any reason, and Ondra Health will not be liable if all or any part of the Sites are unavailable at any time or for any period.

Jailbreaking the Mobile Operating System

Any App is intended for use only on a mobile phone that runs an unmodified manufacturer-approved operating system. Using the App on a mobile phone with a modified operating system may undermine security features that are intended to protect your protected health information from unauthorized or unintended disclosure. As a result, you may compromise your protected health information if you use the App on a mobile phone that has been modified. Use of the App on a mobile phone with a modified operating system is a material breach of these Terms of Use.

Access Rights and Prohibited Use

Subject to your compliance with these Terms of Use, we hereby grant you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Sites in the United States and to use the Services solely for your personal and non-commercial use and only as permitted under these Terms of Use, the Consent to Telehealth, and the Privacy Policy. No other right, title, or interest in or to the Sites is transferred to you, and all rights not expressly granted are reserved by Ondra Health or its licensors.

We reserve the right, in our sole discretion, to deny or suspend use of the Sites or Services to anyone for any reason. You agree that you will not, and will not attempt to, impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; use the Sites or Services to violate any local, state, national, or international law; reverse engineer, disassemble, decompile, or translate any software or other components of the Sites; distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or other harmful computer code; access or use the Sites in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Sites, Services, or related materials; use or access the Sites to create or develop competing products or services; take any action that could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise harm our Sites or content; violate or attempt to gain unauthorized access to our Sites or any computer network; bypass or circumvent any security device, protection, or technological measure implemented by Ondra Health or our service providers; remove or alter any trademarks, specifications, warranties, disclaimers, or intellectual property notices; use any manual process or automated device to monitor or copy content for any unauthorized purpose; reproduce, transfer, distribute, store, disseminate, aggregate, or use any data, text, reports, or other materials related to Ondra Health or third-party content from the Sites except as permitted; otherwise use the Sites in a manner that exceeds the scope of use granted above; or encourage or enable any other individual to do any of the foregoing.

Ownership of Information Submitted via the Sites

With the exception of any personal data or information you submit that is maintained in accordance with our Privacy Policy and may be governed by HIPAA or related state-specific privacy laws and regulations, you understand and agree that any information you provide to Ondra Health on or through the Sites or Services, whether by direct entry, submission, email, or otherwise, including data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and may become the property of Ondra Health and/or Wasef Health, PC, similar affiliated professional entities, or individual health providers utilizing the Services.

Such information may be used for any purpose, including reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. Ondra Health shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Ondra Health via the Services or by any other means for any purpose, including developing and marketing products using such information.

For any personal data or information subject to the foregoing exception, and to the extent permitted by law, you understand and agree that any such information provided by you may be used, copied, or displayed by Ondra Health; Ondra Health may create derivative works of any such data; and Ondra Health may provide such data to our service providers, successors and assigns, Wasef Health, PC, affiliated health care providers, and their affiliated professional entities in performance of their services. You grant Ondra Health, our service providers, successors and assigns, Wasef Health, PC, affiliated health care providers, and their affiliated professional entities the transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Sites for the purposes of providing services to you, conducting research or analyses of such data, and designing, developing, implementing, modifying, and/or improving new, current, or future features, products, and services of Ondra Health using such data.

Ownership of Site Content

As between Ondra Health and you, Ondra Health is the sole and exclusive owner of all right, title, and interest in and to the Sites and their content, features, and functionality, including information, software, text, displays, images, video, audio, design, selection, arrangement, look and feel, other Content, intellectual property rights, and any suggestions, ideas, or other feedback provided by you. You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, participate in any sale of, or exploit in any way, in whole or in part, any material on our Sites except as generally and ordinarily permitted through the Sites according to these Terms of Use. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Sites or Content shall be owned solely and exclusively by Ondra Health or its licensors, including all intellectual property rights therein. You may not access or use any part of the Sites or Content for commercial purposes.

Trademarks

Certain names, logos, and other materials displayed in and through the Sites may constitute trademarks, trade names, service marks, or logos of Ondra Health or its affiliates. You are not authorized to use any such Marks without the express written permission of Ondra Health. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.

Links to Third-Party Hyperlinks and Websites

The Sites may contain hyperlinks or references to other websites operated by third parties, referred to as “Linked Sites”. The Linked Sites may not be under our control. We are not responsible for the information, products, or services described on those Linked Sites, or for the content of any Linked Site, including any link contained in a Linked Site or any changes or updates to a Linked Site. We provide Linked Sites only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of Linked Sites is at your own risk, and we are not liable to you in any way for any content, errors, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.

You may have arrived at the Sites through a Linked Site, including a Linked Site controlled by a parent, subsidiary, or affiliate of Ondra Health. You understand and agree that we are not responsible for the information, products, or services described on those Linked Sites and only these Terms of Use will apply to your use of or access to the Sites.

Termination

The Terms of Use will remain in full force and effect as long as you continue to access or use the Sites or Services. You may terminate the Terms of Use at any time by discontinuing use of the Sites. Your permission to use the Sites automatically terminates if you violate these Terms of Use.

Ondra Health may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Sites or Services with or without prior notice, for any reason, and at any time. The following provisions survive the expiration or termination of these Terms of Use for any reason: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, Severability of Provisions; No Waiver; and Assignment.

Subject to applicable law, Ondra Health reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Sites pursuant to its internal record retention and content destruction policies. After such termination, Ondra Health will have no further obligation to provide the Services, except to the extent an affiliated professional entity is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical, and professional obligations. You agree that if your use of the Services is terminated pursuant to these Terms of Use, you will not attempt to use the Services in any way, and if you violate this restriction after termination, you will indemnify and hold Ondra Health harmless from any liability that Ondra Health may incur.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITES AND ANY SERVICES PROVIDED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ONDRA HEALTH AND ITS AFFILIATES, INCLUDING ALL AFFILIATED PROFESSIONAL ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS, COLLECTIVELY “RELATED PERSONS”, MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING, SPEED OF DELIVERY, OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITES OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ONDRA HEALTH NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE SITES. ONDRA HEALTH DOES NOT GUARANTEE THAT THE SITES WILL BE UNINTERRUPTED OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND ONDRA HEALTH DISCLAIMS ANY LIABILITY RELATING THERETO.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL, AND/OR INFORMATION OBTAINED THROUGH USE OF THE SITES IS USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL, AND/OR INFORMATION.

Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ONDRA HEALTH, ITS RELATED PERSONS, OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, CONTRACT, WARRANTY, STATUTE, OR OTHERWISE, INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, SYSTEM FAILURE, COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, USE OF, OR INABILITY TO USE THE SITES OR ANY SERVICES PROVIDED THROUGH THE SITES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES. THIS IS TRUE EVEN IF ONDRA HEALTH OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless Ondra Health, its affiliates, including all affiliated professional entities, subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses, including reasonable attorneys’ fees, litigation expenses, and accounting fees, relating to or arising from, or alleged to arise from, your use of materials or features available on the Sites in an unauthorized manner, fraud, violation of law, willful misconduct, or any breach by you of these Terms of Use.

Modifications to the Sites

Ondra Health reserves the right at any time and for any reason to modify, temporarily discontinue, or permanently discontinue the Sites or Services or any portion thereof, with or without notice. You agree that Ondra Health shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or Services.

Pharmacy Services

If you receive a prescription as a result of the Services, you may select Ondra Health or one of our partner pharmacies, collectively the “Ondra Health Pharmacy Network”, to ship your prescription. You give us consent to send and disclose to the Ondra Health Pharmacy Network all information provided by you, health care records, and other applicable health care information and personal information, such as your name, location, and demographic information, so that you may receive pharmacy services.

Packaging and Fulfillment Restrictions

If you select to use the Ondra Health Pharmacy Network to fulfill any prescriptions provided by health care providers through the Services, you acknowledge that your medication, if approved, may not be shipped in child-resistant packaging and that you must keep it out of the reach of children.

Payment

You agree to pay all fees due for services requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. 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.

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 organizations or providers. Your payments to Ondra Health may include fees charged by health care organizations or providers for health care services and/or pharmacy services, which Ondra Health collects on their behalf. Any health care services or pharmacy services not made available through the Services are not included in the payments collected by Ondra Health and you may be separately charged by the applicable health care providers for such services. In the event that your credit card expires or Ondra Health, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice to provide an alternative payment method. Ondra Health and/or the health care organizations and/or providers have no obligation to provide health care services or pharmacy services unless and until full payment has been received and/or verified.

Special Notice to Medicare and Medicaid Beneficiaries

Federal and state health care programs, such as Medicare and Medicaid, do not pay for all health care costs, even for some health care services and products that you or your health care provider have good reason to think you need. If you are a beneficiary of a federal or state health care program, and such program does not pay for certain services or products rendered to you, you may have to pay for these services and products.

As we understand it, neither federal nor state health care programs currently pay for any of the medical services or products made available through the Services performed by affiliated health care organizations or providers, at least not in the way such services or products are provided, including using telemedicine and bundled treatment offerings. By agreeing to use the Services, you acknowledge and agree that you will pay directly for any medical services and products provided to you, and neither Ondra Health nor any Ondra Health affiliated health care organization or provider will bill any federal or state health care program for such medical services or products.

Governing Law; Dispute Resolution; Arbitration; Venue; Severability of Provisions

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND ONDRA HEALTH TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ONDRA HEALTH.

These Terms of Use and your use of the Sites shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in New York, New York under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction. The parties agree that the courts located in New York, New York shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.

All parts of these Terms of Use apply to the maximum extent permitted by law. Ondra Health and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

No Waiver

No waiver by Ondra Health of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Ondra Health to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

No Agency Relationship

Neither these Terms of Use, nor any Content, materials, or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.

Remedies

You agree that any violation or threatened violation by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Assignment

You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. Ondra Health, Wasef Health, PC, and their affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of the business of Ondra Health is transferred to another entity by way of merger, sale of assets, or otherwise.

Digital Millennium Copyright Act

Ondra Health reserves the right to remove any content or any other material or information available on or through our Sites at any time, for any reason. Ondra Health otherwise complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers, 17 U.S.C. § 512, as amended, and responds to clear notices of alleged copyright infringement. This section describes the procedure that should be followed to file a notification of alleged copyright infringement with Ondra Health.

Notification of Claimed Copyright Infringement

If you have objections to copyrighted content or material made available on or through our Sites, you may submit a notification to Ondra Health at:

Ondra Health

Email: care@ondra.health

Any notification to Ondra Health under 17 U.S.C. § 512(c) alleging copyright infringement must include an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed; an identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; an identification of the content or material that you claim is infringing and where it is located on our Sites; information sufficient for Ondra Health to contact you, such as your address, telephone number, and/or email address; a statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and a signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

Asynchronous Telemedicine Informed Consent

Thank you for choosing Ondra Health. You are viewing this consent because you have elected to engage in asynchronous telemedicine visits with a health care practitioner through Ondra Health and its affiliated clinical provider, Wasef Health, PC c/o Michael Wasef MD.

Your practitioner may be a physician, nurse practitioner, physician assistant, or other licensed health care professional licensed or otherwise authorized to provide care in your state, as applicable. By clicking “I Agree,” you acknowledge that you have read and understand the terms presented below, understand the risks and benefits of asynchronous telemedicine, and give your informed consent to participate in asynchronous telemedicine under these terms.

What Is Telemedicine?

Telemedicine is the delivery of health care services, including examination, consultation, diagnosis, and treatment, through electronic communication technologies when you, the patient, are located in a different location than your health care practitioner. Telemedicine allows you to receive treatment from a health care practitioner without having to travel to another location or schedule a separate in-person appointment and may help you avoid wait times that you might otherwise experience at an in-person visit.

What Is Asynchronous Telemedicine?

Asynchronous telemedicine is one way to deliver telemedicine. Asynchronous communication is often referred to as “store-and-forward” communication, where participants submit and collect data at different times. An example of asynchronous communication is a telemedicine encounter with a health care practitioner that involves sending photos, video, medical history, questionnaire responses, or other communications through a secure platform, email, text message, or other electronic method. “Asynchronous” means “not occurring at the same time” and is different from synchronous telemedicine, which generally includes visits conducted in real time between patients and health care practitioners through audio or video means, such as live phone calls or video conferencing.

Health care practitioners may use asynchronous telemedicine to aid in medical evaluation, diagnosis, consultation, treatment planning, prescribing decisions, follow-up care, and patient education when live communication or face-to-face contact is not possible or not clinically necessary. Ondra Health’s platform may allow for asynchronous telemedicine services, including text-based practitioner-patient interactions, secure messaging, SMS and MMS communications, and secure information collection through store-and-forward patient questionnaires.

Possible Risks of Asynchronous Telemedicine

As with any medical treatment, there are potential risks associated with the use of asynchronous telemedicine. These risks may include delays in medical evaluation, consultation, or treatment due to deficiencies or failures of equipment, technology, Internet access, poor data quality, Internet outages, service interruptions, or other technical issues; security protocols could fail, causing a breach of privacy of personal medical information; if you do not disclose your complete medical history, including diagnoses, treatments, medications, supplements, allergies, pregnancy status, contraindications, and relevant symptoms, adverse treatment outcomes, drug interactions, allergic reactions, or other negative outcomes may occur; and asynchronous telemedicine services are not emergency services and your information will not be monitored 24/7.

If you think you are experiencing a medical emergency, call 911 immediately.

The care you receive will be at the sole discretion of the health care practitioner treating you, with no guarantee of diagnosis, treatment, or prescription. The health care practitioner will determine whether your condition is appropriate for care through an asynchronous telemedicine encounter.

Your Rights and Acknowledgements

You have the same privacy rights during asynchronous telemedicine that you would have during an in-person visit. Dissemination of identifiable images or information from the asynchronous telemedicine visit to researchers or other entities will not occur without your written consent, except as permitted or required by law. For more information about how your privacy is protected, please review the applicable Privacy Policy and Notice of Privacy Practices.

Asynchronous telemedicine may involve electronic communication of your personal medical information to health care practitioners who may be located in other areas, including out of state. You understand that you may expect anticipated benefits from the use of asynchronous telemedicine, but no results can be guaranteed or assured.

You understand that all information submitted through Ondra Health, including questionnaire responses, photos, messages, and other health information, may become part of your medical record. You understand that your health care practitioner’s name and credentials may be documented as part of your medical record. You understand that you may withdraw your consent to asynchronous telemedicine by contacting Ondra Health or the applicable clinical provider; however, withdrawing consent may affect your ability to receive Services through the platform.

You understand that your health information may be shared with other individuals or entities in accordance with the applicable Privacy Policy, Notice of Privacy Practices, HIPAA, and other state or federal laws. You further understand that your health information may be shared in certain circumstances, including when a valid court order is issued for medical records, when reporting suspected abuse, neglect, or domestic violence, or when preventing or reducing a serious threat to anyone’s health or safety.

Call, Email, and Text Messaging Consent

You expressly consent to allow Ondra Health, Wasef Health, PC, affiliated professional entities, or their health care practitioners to call, email, or text you via SMS and/or MMS regarding your personal data, appointments, treatment, orders, account, telemedicine encounters, or similar matters related to your care using the contact information you have provided. Any calls or texts to you may be placed using an auto-dialer or a prerecorded or artificial voice, even if your number is on a do-not-call list, where permitted by law. Your phone carrier’s normal rates may apply. This consent is not a condition of purchase. You may revoke this consent at any time by contacting Ondra Health at care@ondra.health or Wasef Health, PC at contact@wasef-health.com, as applicable.

This Asynchronous Telemedicine Informed Consent is valid during your entire treatment through Ondra Health and its affiliated clinical providers unless withdrawn by you or otherwise superseded by an updated consent.