JumpstartMD Platform Terms of Service

Effective Date: November 2, 2023

These terms of service (“Terms of Service” or “Terms”) are entered into by and between you and JumpstartMD, Inc. (“JumpstartMD”, “We”, “Our”, or “Us”) and govern access and use of our platform made available via desktop and mobile app, including any content, functionality and services offered on or through it (“Platform”).

BY ACCESSING OR USING THE PLATFORM, OR OPENING AN ACCOUNT, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS DO NOT ACCESS OR USE THE PLATFORM.

JUMPSTARTMD RESERVES THE RIGHT, AT ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY THESE TERMS AT ANY TIME. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE PLATFORM. MATERIAL CHANGES WILL BE CONSPICUOUSLY NOTED OR OTHERWISE COMMUNICATED TO YOU. BY ACCESSING OR USING THE PLATFORM AFTER CHANGES ARE POSTED, YOU AGREE TO THOSE CHANGES. IF YOU DO NOT AGREE TO THOSE CHANGES, YOU MAY CLOSE YOUR PLATFORM ACCOUNT AND STOP USING THE PLATFORM. NOTE THAT CLOSING YOUR PLATFORM ACCOUNT WILL NOT TERMINATE YOUR MEMBERSHIP WITH JUMPSTARTMD. FOR MORE INFORMATION ON MEMBERSHIP, PLEASE REVIEW YOUR PATIENT AGREEMENT, WHICH CAN BE REVIEWED THROUGH YOUR PLATFORM ACCOUNT ONCE ACTIVATED OR YOU MAY REQUEST AN ADDITIONAL COPY FROM US.

THESE TERMS CONTAIN AN AGREEMENT BY YOU TO RESOLVE DISPUTES THROUGH BINDING ARIBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THE ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE JUMPSTARTMD IN A CLASS ACTION LAWSUIT.

1. Privacy Policy. We may collect certain information about you when you access and use our Platform. Our collection and use of data is described in our Privacy Policy . By using the Platform, you acknowledge our Privacy Policy . Please note that any information that is collected through the Site or the Apps that constitutes protected health information (“PHI”) as defined by the Health Insurance Portability and Accountability Act and its subsequent laws and regulations (“HIPAA”) is subject to our Notice of Privacy Practices .

2. Content. The Platform, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, ”Content”) are exclusively the property of JumpstartMD or, as applicable, JumpstartMD’s affiliates, vendors or licensors. Except for the rights expressly granted to you in these Terms, JumpstartMD retains all other ownership rights in the Platform and Content, including all intellectual property rights.

3. Platform Information. We provide the information on the Platform for general, informational purposes. While we use good faith efforts to keep the information on the Platform accurate, we do not guarantee it is accurate, up-to-date, or applicable to you. We have no obligation to correct information on the Platform or notify you when information is corrected, replaced, or removed.

4. Account. Access to the Platform is limited to current subscribers with JumpstartMD; however, as a subscriber and member with JumpstartMD you are not required to use the Platform. To access and use the Platform, you will be required to activate an account (“Account”) via the Platform. In order to create your Account credentials, you must first contact JumpstartMD. You will also be required to submit a username and password. All Account information is subject to our Privacy Policy . You are responsible for maintaining the confidentiality of your username and password. Do not share your username and password with any other person. You are responsible for all use of your Account and the accuracy of all information that you upload to your Account. You must immediately notify us, using the contact information set forth below, if you become aware of any unauthorized use of your login credentials or Account. If you are under 18 years of age, your parent or guardian must contact JumpstartMD to activate your account on your behalf. You may not create an Account if you are under 18 years of age.

5. Platform Functions. The platform allows you to create daily intake logs, schedule and view upcoming appointments, and provides you with access to meals and recipes. You are also able to view membership information, medications, and labs, and you are able to request a refill of your medication. You are able to revise your daily intake logs in the settings tab of the Platform. We may add or remove features and functions at any time without notice to you.

6. Text Message; Data Rates; Functionality.

• 6.1. If you elect to receive marketing text messages from us, either via our Platform or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) sent through an automated telephone dialing system. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email [email protected].
• 6.2. In addition to any fee of which you are notified, your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages.
• 6.3. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your carrier’s name and the date, time, and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.
• 6.4. By signing-up to receive Text Messages, you are representing that you own or have the exclusive right to use the phone number you provide to us. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.

7. Use Rights. You may only use the Platform and Content for your personal use, so long as you comply with these Terms, all other terms posted throughout the Platform as applicable to you, and all applicable laws, rules and regulations. You may only use the Platform and the Content for their intended purposes for which they are made available to you by JumpstartMD. Content on this website may include videos and other embedded content, such as YouTube videos. Any access to YouTube videos is also subject t YouTube’s Terms of Service available here . By accessing such content, you are agreeing to be bound by YouTube’s Terms of Service.

8. Use of Marks. JumpstartMD owns certain trademarks, names, logos, insignia, or service marks (”Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by Us. The Platform may also contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third party’s consent.

9. Intellectual Property Rights. The Platform and Content may be protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to JumpstartMD or any third party is strictly prohibited and may fully be prosecuted of the law.

10. Copyright Policy. JumpstartMD respects the rights of intellectual property owners, and asks that its users do the same. We strive to expeditiously remove any infringing material from the Platform if we become aware of it.

11. Compliance with Laws. In connection with your access to and use of the Platform, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.

12. Feedback and Other Content Submitted by You. If you submit comments or feedback to us regarding the Platform or its Content, or any other comments, questions, requests, content or information that is not personal information (“Feedback”), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

13. Restrictions on Your Use of the Platform. Any of the below activity may result in termination of your Account.

• You may not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Platform or Content without JumpstartMD’s prior written consent.
• You may not use the Platform for unlawful purposes.
• You may not submit inaccurate, incomplete, or out-of-date information via the Platform, commit fraud or falsify information in connection with your use of the Platform.
• You may not engage in data mining or similar data gathering or extraction activities from the Platform.
• You may not use the Platform to harvest email addresses, names, or other information of the users of the Platform or to spam other users of the Platform.
• You may not access, use, or copy any portion of the Platform, or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
• You may not use the Platform to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses or malware.
• You may not engage in activities that aim to render the Platform or associated services inoperable or to make their use more difficult.
• You may not frame, mirror, or circumvent the navigational structure of any part of the Platform.
• You may not upload, distribute, transmit, or post anything to or through the Platform that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another without their written consent, or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
• You may not engage in any conduct while using the Platform that JumpstartMD considers inappropriate, unauthorized, or contrary to the intended purpose of the Platform.

14. NO WARRANTY. THE PLATFORM AND CONTENT ARE PROVIDED ”AS IS,” AND WITHOUT ANY WARRANTY OF ANY KIND. WE MAKE NO GUARANTEE THAT USING THE PLATFORM OR CONTENT WILL ALLOW YOU TO ACHIEVE YOUR GOALS OR GENERATE ANY PARTICULAR RESULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JUMPSTARTMD EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM AND CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. JUMPSTARTMD MAKES COMMERCIALLY REASONABLE EFFORTS TO PROVIDE ACCURATE AND RELIABLE CONTENT ON THE PLATFORM, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. JUMPSTARTMD DOES NOT WARRANT OR GUARANTEE THE SECURITY, QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE PLATFORM OR CONTENT. JUMPSTARTMD DOES NOT WARRANT OR GUARANTEE THAT THE PLATFORM OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE PLATFORM OR CONTENT WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING WITHOUT LIMITATION THE STATE OF NEW JERSEY, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR CONDITIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JUMPSTARTMD OR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES. AGENTS OR PROFESSIONAL ADVISORS (COLLECTIVELY, THE ”JUMPSTARTMD PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A JUMPSTARTMD PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE PLATFORM OR CONTENT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE JUMPSTARTMD PARTIES’ AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM OR CONTENT EXCEED $100 USD, EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING WITHOUT LIMITATION THE STATE OF NEW JERSEY, MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES OR LIMITATIONS OF LIABILITY. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

16. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE JUMPSTARTMD PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR ACCOUNT OR ANY MISUSE OF THE PLATFORM OR ANY CONTENT, (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE PLATFORM, OR (D) YOUR INFRINGEMENT OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHTS. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

17. Third-Party Websites, Services and Content. The Platform may link to third-party websites, services or contain third-party content. We provide those links solely as a convenience. Any such link is not intended to be, and should not be viewed as, a recommendation or endorsement of any third party. We are not responsible for examining or evaluating the content or accuracy of third-party content or websites linked through the Platform. When leaving the Platform, it is the applicable third-party’s terms and privacy policy that govern your use of such third-party site (and such third-party’s use of your personal information), not these Terms. JumpstartMD has no control over any third party’s business or decisions made by such third party.

18. Use in the United States. The Platform is intended for use in the United States only. We do not guarantee that use of the Platform will be available or permitted in any location other than the United States. If you choose to access the Platform from a location other than the United States, you do so at your own risk. THE EXISTENCE OF THE PLATFORM OR ANY CONTENT SHALL NOT BE CONSTRUED AS JUMPSTARTMD OR THE JUMPSTARTMD PARTIES OFFERING SUCH PLATFORM OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH PLATFORM OR CONTENT IS PROHIBITED BY LAW.

19. Termination. You may close your Platform Account any time by uninstalling the mobile app and notifying us that you want to close your Platform Account. Please note that closing your Account does not terminate your membership with JumpstartMD. Please review your Patient Agreement for information on membership termination. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Platform or Content and JumpstartMD may suspend or terminate your Account or access to the Platform and any Content, in whole or in part, at any time in its sole discretion for any reason. JumpstartMD will not be liable to you or anyone else for any damages arising from or related to JumpstartMD’s suspension or termination of your Account or access to the Platform or the Content as permitted by these Terms, or in the event JumpstartMD modifies, discontinues or restricts the availability of the Platform or the Content (in whole or in part).

20. Cooperation with Law Enforcement. JumpstartMD will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD THE JUMPSTARTMD PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

21. DISPUTE RESOLUTION – ARBITRATION. Both parties agree to resolve any disputes arising under these Terms or relating to the Platform or the Content through binding arbitration, on an individual basis, as set forth below.

1. WAIVER. YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, YOU MAY NOT BRING A CLAIM AGAINST JUMPSTARTMD IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PERSON’S OR PARTY’S CLAIMS IN A CLASS OR PROCEEDING. In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to JumpstartMD’s right to appeal.
2. Good Faith Discussions. You and JumpstartMD must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms.
3. Rules. You and JumpstartMD agree that arbitration will be conducted by the American Arbitration Association (”AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (”Rules”). The Rules can be found at: https://www.adr.org/Rules . You and JumpstartMD agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.
4. Initiating a Claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.
5. Arbitrator. Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms or with regard to the Platform, including as to the enforceability and/or formation of this agreement to arbitrate made between you and JumpstartMD.
6. Location. You agree that arbitration shall take place exclusively in California. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.
7. Time Limit. Any claim by you arising in connection with these Terms, the Platform or the Content must be commenced by you within one (1) year of the dispute giving rise to the claim.
8. Confidentiality. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.
9. Changes to this Agreement to Arbitrate. If JumpstartMD modifies this arbitration provision, you may reject that change by sending JumpstartMD written notice within thirty (30) days of our posting of the change, in which case you must immediately stop using the Platform.
10. The Arbitrator’s Decision. The arbitrator’s decisions and judgment will be final and binding on the parties but will have no precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms.
11. Costs and Expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.
12. Exceptions. Notwithstanding anything to the contrary in this Section, you and JumpstartMD each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights.

22. Governing Law. Unless expressly prohibited by the law of your place of residence, these Terms, and your access to and use of the Platform, are governed by the laws of California, without regard to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in San Mateo County, California. The parties expressly agree to the exclusive jurisdiction of those courts.

23. Entire Agreement. These Terms contain the entire agreement between you and JumpstartMD with respect to your access to and use of the Platform and the Content. In the event of conflict between these Terms and the applicable Privacy Policy, the applicable Privacy Policy will control.

24. Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

25. Contact Us. Please direct any questions and concerns regarding these Terms to us at:
JumpstartMD
350 Lorton Avenue
Burlingame, CA 94010
Email: [email protected]
Phone: (650) 241-6599