Smith World Global Health

Terms of Use

Terms of Use Acceptance

By clicking “I Agree” or otherwise accessing or using the Website, you confirm that you have read, understand, and agree to be bound by these Terms of Use (“Agreement”). If you do not agree, do not create an account and do not access or use the Website.

If you accept these Terms on behalf of another person or entity, you represent that you have the authority to bind that person or entity to this Agreement.

Emergency Notice / Medical Disclaimer

If you are experiencing a medical emergency, seek immediate in-person emergency care or call 911.

The Website is not appropriate for every medical condition or concern. This Agreement may be updated from time to time as described below. Always consult your primary care provider before beginning any new treatment.

Introduction

This website, together with any mobile application, platform, portal, or system connected to it, including all information stored within it and any products or services made available through it (collectively, the “Website”), is owned and operated by Smith World Global Health (“Company,” “we,” “us,” or “our”).

The Website provides information, education, and access to certain services and products to users (“you” or “Customer”). Certain features may be subject to additional guidelines, terms, or rules posted in connection with those features, and those additional terms are incorporated into this Agreement by reference.

Customer Account

You are not required to register to browse some portions of the Website. However, certain services are available only to users who create an account or are granted access credentials (“Customer Accounts”) with usernames and passwords.

You represent and warrant that all registration information you provide is accurate and complete, and that you will keep that information current, including your email address. We may suspend or terminate your Customer Account as permitted by these Terms of Use.

Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You agree to notify Smith World Global Health immediately of any unauthorized use or suspected unauthorized use of your Customer Account or any other security breach by emailing [email protected].

You are also responsible for:

Logging out when you are not actively using your account

Securing your phone, computer, or other devices from unauthorized access

Protecting your username and password

You may not use another person’s account at any time. Smith World Global Health is not responsible for any loss or damage resulting from your failure to comply with these obligations.

Electronic Communication Consent

When you visit the Website or contact us by phone, text message, or email, you are communicating with us electronically. You consent to receive communications from us electronically.

We may communicate with you by text message, email, or by posting notices on the Website or within your customer portal.

You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You also agree that electronic notices are deemed given and received on the date they are transmitted or posted.

SMS / Text Messaging

By providing your mobile number, you agree that you may be contacted by or on behalf of Smith World Global Health at the number you provided. Message and data rates may apply. Message frequency may vary.

To stop receiving text messages, reply STOP. We may send a confirmation message acknowledging your opt-out.

If you are subscribed to multiple categories of messages, we may unsubscribe you only from the category most recently used, or we may ask you to specify which communications you wish to stop.

If you withdraw consent to receive text messages, certain Website or platform functions may no longer be available, and you may miss important reminders or service updates.

Recording Consent

Smith World Global Health and/or participating providers may record audio or video of some or all of your interactions (“Recordings”).

These Recordings may be used for:

Quality assurance

Training

Service delivery

Platform and service improvement

We will treat Recordings as confidential and will not publicly share them unless required by law, such as in response to a court order.

By using the Website or platform, you consent to such Recordings as described in these Terms and in our Privacy Policy.

Underage Use

The Website is intended only for individuals age 18 or older. Individuals under 18 are prohibited from using any part of the Website or entering into this Agreement, even if a parent or legal guardian would otherwise consent.

If you believe a minor has used the Website without authorization, please contact [email protected].

Revisions to Terms of Use

Smith World Global Health may update these Terms of Use at any time by posting an updated version on the Website.

Changes become effective immediately upon posting. Your continued use of the Website after any changes are posted constitutes your acceptance of the updated Terms.

If you do not agree to the revised Terms, do not use the Website or any services offered through it.

Your Relationship With Us & Third Parties

We may make available products and services offered by Smith World Global Health and/or by third-party medical providers, pharmacies, or other vendors through the Website.

Prescription fulfillment services may be provided by third-party pharmacies. We may also provide access to independent third-party medical providers and/or medical groups (“Providers”) who deliver medical services.

By accepting these Terms, you acknowledge and agree that services or products received from Providers and/or pharmacies may be subject to this Agreement, and those parties may be third-party beneficiaries of this Agreement where applicable.

Smith World Global Health does not control or interfere with the practice of medicine by Providers. Each Provider is solely responsible for the medical care and treatment they provide to you.

You acknowledge that Smith World Global Health is not a medical provider, and your use of the Website does not create a doctor-patient relationship between you and Smith World Global Health.

Your use of the Website may, however, create a doctor-patient relationship between you and an independent licensed Provider.

We also do not control or interfere with the professional services provided by pharmacies, and each pharmacy is solely responsible for the professional services it provides.

Provider Communications

By accepting this Agreement, you understand and agree that Providers may send messages, reports, and emails to you through the Website, email, or SMS regarding your diagnosis and/or treatment.

You understand that Smith World Global Health is not responsible for the privacy or security of third-party communications services you use to receive these communications, such as your mobile carrier or email provider.

You are solely responsible for monitoring and responding to Provider communications. Neither Smith World Global Health nor the Providers are responsible for any loss, injury, or claim resulting from your failure to read, respond to, or follow Provider recommendations.

Subscriptions, Prescriptions, and Services

Certain services may be offered on an automatically renewing subscription basis. By purchasing a subscription, you authorize Smith World Global Health to charge your selected payment method at the intervals disclosed during checkout, in purchasing agreements, and/or on the product page.

Your subscription will continue until canceled in accordance with these Terms. It is your responsibility to manage your subscription.

If you do not cancel at least 72 hours before your renewal date, your subscription will automatically renew and you remain responsible for the charges. Renewal timing is based on the subscription duration from your original purchase.

Cancellation takes effect at the end of the current subscription period.

Cancellation

You may cancel your subscription by emailing [email protected] at least 72 hours prior to renewal.

Administrative Cancellation Fee / Refund Limits

If you cancel after payment has been processed but before a prescription is transmitted to a Provider or pharmacy, a $99 administrative cancellation fee may be deducted from any eligible refund.

If the prescription has already been processed by the pharmacy, you are responsible for the full subscription cost and no refund will be available.

If a service requires a minimum initial term, such as a three-month commitment, failure to cancel before renewal may make you responsible for the full renewal term, even if you do not use the service.

If you are paying in installments, you remain responsible for any remaining balance if you cancel mid-term.

Required Documentation and Reassessments

Patients are responsible for providing requested documentation, which may include:

Photos

Videos

ID verification

Medical assessments

Delays in providing requested information may delay service or fulfillment. Payment obligations still apply regardless of documentation timing.

Where required, medical reassessments must be completed before shipment.

Financing Plan Changes

If you are using a financing option and wish to switch to a full payment plan after renewal, please contact [email protected] within seven (7) business days. If applicable, the remaining balance may be charged without a finance charge.

Courtesy Communications

Smith World Global Health and/or Providers may contact you as a courtesy regarding updates or renewals, but you remain solely responsible for managing your subscription and account.

Notice Regarding Financial Responsibility for Services

Smith World Global Health is not enrolled as a participating provider in federal or state healthcare programs, including Medicare or Medicaid, for the provision of healthcare services or supplies, and payment from such programs is generally not available for services or products provided through the Website.

Even where a Provider or pharmacy participates in such programs, the way services and products are offered through the Website typically means they are not covered benefits.

By using the Website, you are choosing to obtain products and services on a cash-pay basis, outside of any federal or state healthcare program.

You are solely responsible for all costs. Neither you nor Smith World Global Health, participating pharmacies, or Providers will submit claims for reimbursement to federal or state healthcare programs for services or products obtained through the Website.

Payment Default Policy

Timely payment is required for all services and subscriptions.

Payments not received by the due date are considered delinquent. We may attempt to collect payment daily for up to three (3) days. If payment is not received by the end of the third day, a $30 late fee may be assessed.

Additional collection attempts may occur, including notifications.

After a 30-day grace period, you may receive a final warning. If payment remains unpaid, the account may be referred to a collection agency.

You are responsible for ensuring that:

You have not opted out of necessary communications

Your payment method remains valid

Adequate funds are available

We are not required to provide notice before assessing late fees.

We may issue a delinquency notice requiring payment within three (3) business days. If payment, including any late fees, is not received within thirty (30) calendar days of such notice, your account may be deemed in default, which may result in suspension of services, termination, and additional lawful collection activity.

Collections / Collection Agency

If an account is past due, we may send written notice by email. If the account remains unpaid for thirty (30) calendar days, it may be referred to a collection agency, including applicable penalty and collection fees.

Any additional fees imposed by a collection agency, where permitted by law, are your responsibility and may be added to the balance owed.

Child-Resistant Packaging

Use caution when storing medication. Prescriptions filled by pharmacies may not be provided in child-resistant packaging or containers.

Consent to Use Telehealth Services

Telehealth involves the delivery of healthcare services using electronic communications and information technology between a Provider and a patient who are not physically in the same location.

Telehealth may offer benefits, but it also involves limitations and risks and is not a substitute for in-person care in all situations.

To use telehealth services, you may be required to review and agree to a telehealth informed consent or similar patient consent presented through the Website.

You agree that Smith World Global Health may be a third-party beneficiary of such consent where applicable.

Duty to Provide Connectivity, Access, and Information

You are responsible, at your own expense, for obtaining compatible hardware, software, and internet access necessary to use the Website, including a device with video capability where required.

You are also responsible for any internet, mobile, or data fees charged by your service provider.

You agree to provide truthful, accurate, and complete information in all forms and communications submitted through the Website.

We may modify technical requirements for the Website at any time without prior notice.

Protected Health Information

When you create an account, you establish a customer relationship that allows you to access Website functions. In that context, you may provide information such as your name, email address, shipping address, and phone number, which may be used and disclosed in accordance with our Privacy Policy.

You may also provide medical information that may be protected by applicable privacy laws.

Smith World Global Health is not necessarily a “covered entity” under HIPAA. Providers and pharmacies may be covered entities and/or business associates, and Smith World Global Health may, in certain circumstances, act as a business associate.

Where Smith World Global Health is deemed a business associate, it may be subject to HIPAA requirements relating to protected health information (“PHI”) provided to Providers or pharmacies.

Information that is not protected under applicable law may be used or disclosed as permitted by our Privacy Policy. De-identified information is not considered PHI under HIPAA.

Providers may also adopt their own telehealth consent forms and privacy notices. By using the Website, you acknowledge receipt of applicable notices and agree that information submitted to Smith World Global Health that is not intended solely for diagnosis, treatment, or prescription fulfillment may not be treated as protected health information and will instead be governed by our Privacy Policy and applicable law.

Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the State of California and applicable federal law of the United States, without regard to conflict-of-law principles.

Arbitration; No Class Actions

Subject to these Terms of Use, any dispute, controversy, or claim arising out of or relating to this Agreement shall be resolved through mandatory binding arbitration administered by the American Arbitration Association (AAA).

This Agreement includes an arbitration provision. There is no right to a jury trial, and no class action or representative action is permitted.

Arbitration means the dispute will be decided by one or more neutral arbitrators in a final and binding proceeding. Arbitration will be conducted under applicable AAA rules and will take place remotely by video conference or other virtual means unless the parties mutually agree otherwise.

Before initiating arbitration, you must provide notice to Smith World Global Health at [email protected].

Any claim must be initiated within one (1) year of the event giving rise to the dispute, or to the fullest extent permitted by law.

Disputes may only be resolved through individual arbitration and may not be brought as a class action, class arbitration, or any proceeding where a person acts in a representative capacity.

The arbitrator has no authority to conduct class arbitration or consolidate claims.

Both parties agree to keep the dispute confidential to the maximum extent permitted by law. If any part of this arbitration provision is found invalid, the remaining portions will continue in full force and effect.

California Civil Code §1542 Waiver

By agreeing to these Terms, you waive rights under California Civil Code §1542, which states:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Contact Us

If you have questions about these Terms of Use, contact:

Smith World Global Health
Email: [email protected]