Terms of Service

1. Acceptance of these Terms

By accessing or using heydaymd.com or any related services (collectively, the "Services") provided by HeydayMD LLC, a New Mexico limited liability company doing business as "HeydayMD" ("Heyday," "we," "us"), you agree to be bound by these Terms of Service ("Terms") and our Privacy PolicySMS TermsNotice of Privacy Practices. If you do not agree, do not use the Services.

2. Nature of our Services

HeydayMD is a technology platform that connects users with independent, state-licensed healthcare providers for telehealth evaluations and, where clinically appropriate, treatment. HeydayMD is not a healthcare provider, medical group, or pharmacy. We do not provide medical advice, diagnose conditions, or prescribe medications. All clinical decisions are made solely by the independent licensed providers who evaluate your case.

3. Eligibility

To use the Services, you must:

• Be at least 18 years of age
• Be a resident of the United States in a state where our affiliated providers are licensed
• Provide accurate, complete information
• Have the legal capacity to enter into a binding contract

State availability. At-home lab testing is available in all 50 states and Puerto Rico. Testosterone replacement therapy (TRT) is not offered to patients located in Arkansas, Connecticut, Hawaii, New Hampshire or Rhode Island, because those states restrict prescribing controlled substances such as testosterone by telehealth. TRT and clinician video visits are also not yet offered to patients located in Alaska, Mississippi or New Jersey. We confirm your state and shipping address before any TRT order is accepted, and this list may change as state law changes.

Telehealth services are not available in all locations. Eligibility for specific treatments depends on the clinical judgment of your licensed provider.

4. Account responsibility

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Providing accurate, current, and complete health information
• Updating your information when it changes
• Notifying us promptly of any unauthorized access or security breach

5. Telehealth services and clinical care

Provider network

Clinical care offered through the Services is delivered by independent, state-licensed clinicians (physicians, nurse practitioners and physician assistants, depending on your state) contracted through our provider network, LocumTele (locumtele.org). HeydayMD is not a medical practice and does not itself provide medical care. Each treating clinician’s name, NPI and state licenses are listed on our Our Providers page.

Provider-patient relationship

When you submit a clinical intake and are accepted for evaluation, a provider-patient relationship is established between you and the licensed provider, not HeydayMD. That provider's professional judgment, not Heyday's, determines whether treatment is appropriate.

No guarantee of treatment

Submitting an intake does not guarantee you will be prescribed a medication. Your provider may determine that the treatment you requested is not appropriate, or that additional information, in-person evaluation, or referral is needed.

Lab testing

Certain treatments require diagnostic lab testing before they can be prescribed. You agree to complete required testing as a condition of receiving prescriptions.

Communication

Telehealth communications may include secure messaging, video consultation, and asynchronous review of submitted information. You consent to electronic communication of health information through our platform.

Emergencies

Our Services are not designed for emergency medical situations. If you have a medical emergency, call 911 or go to the nearest emergency room.

6. Payments, subscriptions, and refunds

Pricing and what your plan includes

Current pricing is displayed on our website and at checkout. Membership plans are prepaid for the term you choose (currently 12, 6 or 3 months). Every plan includes provider consultations, clinician review of your lab results, dose adjustments, care-team messaging, and the medication your clinician prescribes under your plan, with supplies and shipping. Medication is prescribed only if a licensed clinician determines it is appropriate for you; no plan entitles you to a prescription.

• Lab kit. The at-home lab kit ($229) is included with the 12-month plan only. On any other plan, or on its own, it is purchased separately.
• Follow-up labs. Follow-up lab panels are not included in any plan. Each follow-up panel is $229 using the at-home collection kit.

Prices may change; the price in effect at the time you place an order applies to that order.

Renewal and cancellation

Automatic renewal. Membership plans are prepaid for the term you choose (currently 12, 6 or 3 months). Your membership renews automatically at the end of each term for the same term length at the then-current price, and we charge the payment card you authorized, until you cancel. Before you are charged you will see, and affirmatively agree to, the renewal amount, how often it renews, and how to cancel; we email you a confirmation with the same information. Members who joined before automatic renewal was available, or who have no card on file, are invoiced before each renewal and nothing is charged unless they pay the invoice.

Renewal notices. We email you about 21 days and again about 3 days before each automatic renewal, with the amount, the renewal date, the card that will be charged, and a link to cancel or update your card. If the price for your plan changes, we will tell you before the renewal that would be charged at the new price, and we will not charge the new price without the notice required by law.

Cancelling. You may cancel automatic renewal at any time, with no cancellation fee, using the one-click cancel link in any renewal email, through your care portal, by calling (866) 485-3013, or by emailing team@heydaymd.com. Cancelling stops your next renewal; your membership stays active through the end of the term you have already paid for. We do not provide refunds or prorated credits for unused time, except as described under "Discontinuation by HeydayMD" below.

Declined payments. If a renewal charge is declined, we will email you and retry up to three more times over about 11 days. You can update your card from the link in that email. If the charge still does not go through, automatic renewal stops and your membership ends at the end of the paid term.

Stored card. Your card is stored by our payment processor, not by HeydayMD. You authorize us to use it for the renewals described above under the card networks' rules for stored credentials.

Refunds

We do not guarantee any clinical result, and we do not offer a satisfaction-based money-back guarantee. Our refund policy is as follows:

• Not a candidate. Your membership begins with a clinician review of your initial lab results. If you are found not to be a candidate for treatment (for testosterone therapy, this includes a total testosterone result above 500 ng/dL), we will refund what you paid minus the services already provided: $229 for the lab kit, plus $99 for a clinician consultation if one took place before that determination. If the review of your labs alone rules you out, no consultation is required and only the $229 lab kit is deducted. If you purchased the lab kit separately, the kit is not refunded or deducted again, and your membership payment is refunded minus $99 only if a consultation took place.
• Discontinuation by HeydayMD. If your HeydayMD clinician stops your treatment during a prepaid term for medical reasons (for example, a lab result or side effect that makes continued treatment unsafe), we will refund the unused part of your membership. The refund is your membership payment, minus $229 if a lab kit was included, multiplied by the number of full months remaining in your term and divided by the number of months in the term. Medication and lab kits already shipped are not refunded. This does not apply if you choose to stop treatment, or if treatment ends because you did not complete required labs or follow-up visits, gave us inaccurate information, or violated these Terms.
• All other membership payments, including renewals, are non-refundable once paid, and we do not provide prorated refunds for partial terms.
• Medication. Dispensed or shipped medication is non-refundable and cannot be returned, as required by pharmacy law.
• Lab kits and follow-up panels. Lab kits and follow-up panels that have been shipped, used or activated, and any draw or processing fees billed by the laboratory, are non-refundable, except as described under "Not a candidate" above.
• Billing errors. Duplicate or erroneous charges are refunded in full on request.

Contact team@heydaymd.com with any billing question.

7. Controlled substances and compounded medications

Prescription-only. Every medication available through the Services requires a valid prescription issued by a licensed clinician after clinical evaluation. Nothing on this website is an offer to sell a prescription medication, and no purchase entitles you to a medication.

Testosterone is a Schedule III controlled substance under the federal Controlled Substances Act. It cannot lawfully be purchased without a prescription. Prescribing is subject to federal and state controlled-substance rules, including limits on quantity, refills, and early refills, and to state prescription-monitoring requirements. Your clinician may decline to prescribe, may require in-person evaluation, and may discontinue therapy at any time on clinical grounds.

Dispensing pharmacy. HeydayMD has no exclusive pharmacy arrangement. Prescriptions arranged through the Services are dispensed by independent, state-licensed pharmacies: 503A compounding pharmacies or FDA-registered 503B outsourcing facilities for compounded medications, and licensed pharmacies for FDA-approved medications. Pharmacies currently used include Empower Pharmacy (Empower Clinic Services, L.L.C.), a 503A compounding pharmacy and FDA-registered 503B outsourcing facility headquartered in Houston, Texas, licensed to dispense in all 50 states. Each pharmacy is an independent third party that dispenses and ships medication directly to you; HeydayMD does not own, operate, or control any pharmacy, and your clinician chooses where to send your prescription. You may direct your prescription to a pharmacy of your choosing. Complaints about dispensing may be made to us or directly to the board of pharmacy in the dispensing pharmacy's state (for Empower, the Texas State Board of Pharmacy). See our Shipping & Delivery Policy.

Compounded medications. Some medications offered through the Services — such as compounded testosterone cream and enclomiphene — are prepared by a state-licensed compounding pharmacy for an individual patient pursuant to a patient-specific prescription. Compounded drugs are not FDA-approved, are not reviewed by FDA for safety, efficacy, or manufacturing quality, and are not the same products studied in the manufacturer clinical trials of the corresponding branded medications. Your clinician will discuss whether a compounded formulation is appropriate for you and why.

Diversion is prohibited. Medications dispensed to you are for your personal use only. Sharing, reselling, or diverting them is unlawful and will result in immediate termination of your account.

8. Side effects, adverse events, and complaints

Medical emergencies. If you are having a medical emergency — chest pain, difficulty breathing, signs of a stroke, a severe allergic reaction, thoughts of harming yourself — call 911 or go to the nearest emergency room. The Services are not designed for emergencies and are not monitored continuously.

Reporting a side effect. For a non-emergency side effect, an unexpected reaction, or a problem with a medication, lab kit or shipment, message your care team in the care portal or call (866) 485-3013. Clinical staff review patient messages and we aim to respond the same day. If your symptoms are severe or worsening, stop the medication and seek in-person care rather than waiting for a reply.

You may also report to the FDA. Suspected adverse reactions can be reported directly to the FDA MedWatch program at fda.gov/medwatch or 1-800-FDA-1088, independently of us. We report adverse events to the FDA and to the dispensing pharmacy as required by law. Reporting to the FDA does not replace telling your clinician.

Complaints. Complaints about the platform, billing or your care may be sent to care@heydaymd.com with the subject line "Complaint", or made by phone at (866) 485-3013, or by mail to HeydayMD LLC, 1209 Mountain Road Pl NE, Ste N, Albuquerque, NM 87110. We acknowledge complaints within five business days and respond substantively within 30 days. You may also complain to the licensing board of the state in which you were treated, to that state's board of pharmacy regarding a dispensing pharmacy, or — for privacy matters — to the U.S. Department of Health and Human Services Office for Civil Rights. See our Notice of Privacy Practices. We do not retaliate against anyone for making a complaint.

9. Prohibited conduct

You agree not to:

• Provide false, inaccurate, or misleading information
• Use the Services to obtain prescriptions for someone else
• Resell, divert, or distribute medications obtained through the Services
• Attempt to access accounts or data belonging to other users
• Interfere with or disrupt the Services, including via automated tools, scraping, or denial-of-service attempts
• Use the Services for any unlawful purpose
• Reverse-engineer, decompile, or attempt to extract source code from the Services

We reserve the right to suspend or terminate your access for violations of these Terms.

10. Intellectual property

All content on the Services — including text, graphics, logos, images, software, and the overall design — is owned by HeydayMD or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

You retain ownership of any content you submit. By submitting content, you grant Heyday a worldwide, royalty-free license to use, store, display, and transmit that content as necessary to provide the Services.

11. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, HEYDAYMD DISCLAIMS ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses. We do not warrant that any specific treatment outcome will be achieved.

Educational content on our website is provided for general informational purposes only and is not medical advice. It is not a substitute for consultation with a qualified healthcare provider.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HEYDAYMD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID HEYDAY IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow exclusion or limitation of certain damages, so portions of this section may not apply to you.

Nothing in these Terms limits Heyday's liability for fraud, gross negligence, or willful misconduct, or limits any rights you have under applicable consumer protection law that cannot lawfully be waived.

13. Indemnification

You agree to indemnify and hold harmless HeydayMD and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable law, or (d) any false or misleading information you submit.

14. Dispute resolution and arbitration

Most disputes can be resolved by contacting us at team@heydaymd.com. If we cannot resolve a dispute informally, you and Heyday agree that any claim arising out of or relating to these Terms or the Services shall be resolved through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in Albuquerque, New Mexico, in English. Arbitration may be conducted remotely (by telephone, video, or document submission) where AAA rules permit.

You and Heyday agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

You may opt out of this arbitration agreement by sending written notice to team@heydaymd.com within 30 days of first accepting these Terms.

This arbitration provision does not preclude either party from seeking injunctive relief in court for intellectual property infringement, or from bringing an individual action in small claims court.

15. Governing law

These Terms are governed by the laws of the State of New Mexico, without regard to its conflict-of-laws principles. Where arbitration does not apply, the state and federal courts located in Bernalillo County, New Mexico shall have exclusive jurisdiction.

16. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by updating the "Effective" date and by notice via email or prominent posting on our website. Your continued use of the Services after changes become effective constitutes acceptance.

17. Contact

For questions about these Terms:

HeydayMD LLC
1209 Mountain Road Pl NE, Ste N
Albuquerque, NM 87110
United States

Phone: (866) 485-3013
Email: team@heydaymd.com