Terms & Conditions

We understand the importance of confidentiality and privacy regarding your information. Please refer to our Privacy Policy for information regarding how we collect, use, and disclose information about you.

These Terms of Use contain an arbitration provision. Please review the Arbitration section for details.

1. Introduction

These Terms of Use ("Terms") govern your use of the CalyHealth website ("Site"), and any other services offered by CalyHealth (together, the "Services"). CalyHealth and our associated service provider OpenLoop Health, Inc., or "OpenLoop," (collectively, "We," "Us," "Our," or "Company") provide the Site and Services. "You" refers to you as a user of the Site or Services. Any products or services provided through the Site or any affiliated website, software, or application owned or operated by or in collaboration with Us are governed by these Terms. By accessing or using any of the Services, you agree to be bound by these Terms.

2. Agreement to Terms

These Terms constitute a legally binding agreement made between you and our Company. You agree that by accessing the Site or Services, you have read, understood, and agreed to be bound by all of these Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the Site or Services after any changes are posted constitutes your acceptance of the updated Terms.

3. Eligibility and Requirements for Use

You must have compatible computing and/or mobile devices, access to the internet, and certain necessary software to use the Site. Fees and data charges may apply.

You must be at least 18 years old to use the Site or the Services. To use the Services, you must live in the United States in a state or territory where the Services are available. You agree to only use the Services for your personal self and not act on behalf of any other individual or entity.

4. Your Relationship with Us

We do not provide any medical services, including via the Site. The Services may include access to one or more professional medical organizations, such as OpenLoop Healthcare Partners, PC and its affiliated professional corporations ("Medical Groups") who provide healthcare services ("Healthcare Services") through the Site. These Groups employ or contract with licensed medical providers and other clinicians ("Providers") who offer certain Healthcare Services via the Site. All Providers who deliver Healthcare Services through the Site are (1) independent practitioners contracted or employed with affiliated Medical Groups that coordinate with OpenLoop, and (2) solely responsible for the Healthcare Services you receive.

Accessing the Site does not create any patient-provider relationship. The Site is not, and should not be considered or used as, comprehensive medical advice, care, diagnosis, or treatment. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE PROVIDERS OR MEDICAL GROUPS.

To the extent the Services you seek require care by a licensed provider, all Healthcare Service consultations are provided by a Provider licensed in the state where you, the patient, are located, and are delivered via a secure platform that complies with HIPAA privacy and security standards. Providers may provide diagnoses and prescribe medication, if clinically appropriate, including both controlled and non-controlled substances and compounded medications.

5. Medical Advice Disclaimer

Because We are not a licensed health care provider and do not provide medical, nutritional, dietary, behavioral or other advice, the information provided on the Site is only intended to be an informational resource, which you review at your own risk. If you are looking for individualized health care advice, please consult a licensed health care professional. We also strongly recommend that you promptly consult a physician or professional health care provider prior to use of any product. Neither the product nor the ingredients in the product have been approved or endorsed by the FDA or any regulatory agency for treatment of obesity or to cause weight loss.

YOU HEREBY AGREE THAT YOUR USE OF THE SITE, SERVICES AND PRODUCTS IS AT YOUR OWN RISK, EVEN IF ANY ASPECT OF THE INFORMATION IS INACCURATE, INCOMPLETE, OR INAPPROPRIATE IN THE MANNER IT WAS PRESENTED.

6. Independent Medical Judgment

We are not licensed to practice medicine and do not provide any healthcare service. We do not control or interfere with the provision of Healthcare Services provided by any Provider or their Medical Group, each of whom is independent from Us and solely responsible for the healthcare service you receive. After reviewing your information, the Provider, in their independent professional judgment, will determine whether to prescribe medication, other treatments, or recommend that you consult with alternative clinical resources.

7. Pharmacy Services

By accepting these Terms, you understand and agree that We are not acting as a pharmacy, nor do We control or interfere with any such services. You may be entering into a relationship with a pharmacy, pharmacist, and/or pharmacy group or other such third-party entities. Prescriptions fulfilled through the CalyHealth platform may be dispensed by licensed partner pharmacies including RedRock Pharmacy, Health Warehouse, Precision Medicine, and Triad Rx.

8. Product Information

No products advertised on this Site have been approved or cleared by any state or federal government regulatory body. You use all products at your own risk. You should not construe anything on the Site as a promotion or solicitation for any product or service not authorized by the laws and regulations of the country where you are located.

9. Compounded Medication Consent

The following applies if you receive a prescription for compounded medication(s):

• The FDA does not approve nor review compounded products for safety, effectiveness, or quality.
• Compounding pharmacies must adhere to quality control standards and are licensed pharmacies subject to state and federal regulations.
• There is no guarantee of effectiveness of compounded medications, medical services, or any offerings associated with the Site.

10. Electronic Communications

By accepting these Terms, you agree and consent to Us sending you disclosures, notices, messages, reports, and other communications electronically. You agree that any notices, agreements, disclosures, or other communications that We send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications from Us by printing a paper copy or saving an electronic copy.

11. Your Protected Health Information

You understand and agree that the Site is intended to facilitate Healthcare Services by assisting with the development and gathering of healthcare records, administrative support for scheduling and payment, coordination of prescription fulfillment, and telecommunications support for direct access to Providers.

You give your consent to Us to send and disclose to the Medical Groups and their Providers your health and personal information so that you may receive Healthcare Services. You further consent to the delivery of your information to affiliated and unaffiliated pharmacies, laboratories, and other diagnostic testing companies as part of the coordination of prescription medications and medical services. While state-specific privacy laws may apply, HIPAA may not apply to all of your transactions or communications with Us, Medical Groups, Providers, labs, or pharmacies.

The Medical Groups and Providers have adopted a Notice of Privacy Practices that describes how they use and disclose Protected Health Information. By accessing or using any part of the Service, you acknowledge receipt of the Notice of Privacy Practices from your Medical Group and Provider(s).

12. Acceptable Use

You are responsible for your use of the Site and Services. We prohibit certain kinds of conduct that may be harmful to other users or to Us, and We reserve the right to investigate, suspend, and/or terminate your account if you misuse the Site. When using the Site or Services, you may not:

• Violate any law or regulation
• Violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights
• Post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable
• Send unsolicited or unauthorized advertising or commercial communications, such as spam
• Gain or attempt to gain unauthorized access to any portion or feature of the Site or any other system or network connected to the Site
• Transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with computers or related systems
• Stalk, harass, or harm another individual
• Impersonate any person or entity or perform any other similar fraudulent activity, such as phishing
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services

13. User Representations

By using the Site, you represent, warrant and covenant that: (1) all registration or account information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and agree to comply with these Terms; (4) you are at least 18 years old or otherwise able to independently consent to the Healthcare Services requested in your jurisdiction; (5) you will not access the Site through automated or non-human means; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, We have the right to suspend or terminate your account and refuse any and all current or future use of the Site.

14. Ownership and Licenses

We own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services ("Content"); and (b) our trademarks, logos, and brand elements ("Marks"). The Site and Services, Content, and Marks are all protected under U.S. and international laws. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of CalyHealth.

We hereby grant you the right to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices. You also agree to grant to Us a non-exclusive, worldwide, royalty-free, perpetual license to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to the Services.

15. Use of Content — AI

You understand we use artificial intelligence (AI)–enabled tools to create Site Content, layout, and information. User Content and input may be reviewed and used in a de-identified and aggregated manner to improve our services, including AI-powered features. We do not sell personal information or use it to train public AI models.

16. Payment Terms and Subscription Billing

When you enroll in Subscription Services, you authorize CalyHealth to charge your selected payment method on a recurring basis according to the subscription plan you select at checkout. Charges will continue until you cancel in accordance with our Cancellation & Refund Policy.

Your Subscription Services fee represents a single bundled price for the subscription purchased. Depending on your plan and medical eligibility, Subscription Services may include provider consultations, care coordination, medication review, pharmacy-fulfilled medications, laboratory services, care support, and other related services.

Your Subscription Services automatically renew on a recurring basis unless you cancel in accordance with our Cancellation & Refund Policy. The amount you are charged and the frequency of billing are disclosed to you before you complete enrollment.

UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

CalyHealth services are generally not covered by insurance. You are responsible for all charges associated with your use of the platform. Please refer to our Cancellation & Refund Policy for details on refunds and cancellations.

17. Telehealth Consent

By using CalyHealth's telehealth services, you consent to receiving care via telemedicine. Our telehealth services are facilitated through OpenLoop Health. Please review OpenLoop Health's Telehealth Consent Form which governs the provision of telemedicine services and identifies the professional corporation (PC) groups providing care.

18. Privacy and HIPAA

Your use of CalyHealth services is subject to our Privacy Policy and applicable HIPAA Notice of Privacy Practices. We are committed to protecting your health information in accordance with all applicable federal and state laws.

19. Social Media

CalyHealth maintains and interacts with various social media sites. By accessing, viewing and/or posting any content to any social media site on the internet, you accept, without limitation or qualification, the complete terms of use for those sites. CalyHealth is not responsible for the comments and postings on any social media sites and reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue your access to any social media site at any time, without notice and for any reason. CALYHEALTH DOES NOT AND CANNOT REVIEW ALL COMMUNICATIONS AND MATERIALS POSTED OR UPLOADED TO SOCIAL MEDIA AND IS NOT RESPONSIBLE FOR THE CONTENT OF THESE COMMUNICATIONS AND MATERIALS.

20. Third-Party Links

The Site and Services may contain links to other websites and online resources. A link to a third party's website does not mean that We endorse it or that We are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.

21. Changes to the Site or Services

We enhance and update the Site and Services often. We may change or discontinue the Site or Services at any time, with or without notice to you.

22. Termination

These Terms will remain in full force and effect as long as you continue to access or use the Services. You may terminate the Terms at any time by discontinuing use of the Services. We may terminate or suspend any of the rights granted by these Terms and your access to and use of the Services with or without prior notice, for any reason, and at any time, including for violations of these Terms.

After termination, We will have no further obligation to provide the Services, except to the extent a Medical Group 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.

23. Disclaimers and Limitation of Liability

YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE, SERVICES, AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CALYHEALTH AND ITS AFFILIATES, OPENLOOP HEALTH, INC. AND THE MEDICAL GROUPS, AND THEIR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AGENTS, PROVIDERS, PARTNERS, AND LICENSORS DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY FROM US AND OUR AFFILIATES TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 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."

24. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless CalyHealth, OpenLoop Health, Inc., and our respective affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, relating to any actual or alleged breach of these Terms by you or anyone using your account.

25. Notice

We may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, text message or postings on the Site. You agree that any notices that would have been delivered had you accessed the Site in an authorized manner are deemed received by you.

26. Informal Dispute Resolution

We try to address any disputes without the need to initiate a formal legal case. In the event you have any dispute with us, you shall first try in good faith to settle such dispute by providing written notice to Us describing the facts of the dispute (including any relevant documentation) and allowing Us thirty (30) days to respond before initiating any formal dispute resolution proceeding. Notices to Us must be sent by mail to:

CalyHealth Legal Department
2329 Cimarron Dr
Santa Clara, CA 95051

We will send any dispute-related notice to you at the contact information We have for you. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing a formal dispute resolution proceeding, such as an arbitration or small claims court proceeding.

27. Arbitration Agreement & Waiver of Certain Rights

Except as set forth below, you and We agree that We will resolve any controversies, claims, counterclaims, or other disputes between you and Us or you and an affiliate (each a "Claim") through binding and final arbitration, instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA Rules"). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and We hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.

To begin an arbitration proceeding, you must send Us an individual letter signed by you requesting arbitration and describing your claim at least five (5) days before you initiate an arbitration proceeding:

CalyHealth Legal Department
2329 Cimarron Dr
Santa Clara, CA 95051

The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, validity, applicability, enforceability, or formation of this Agreement.

Neither you nor We may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class, consolidated or representative basis. The arbitrator can decide only your and/or Our individual Claims and may award the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis.

You and We also have the right to bring qualifying claims in small claims court. In addition, you and We retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. If any provision of this Section is found to be invalid or unenforceable, that specific provision shall be severed, but the remainder of this Section shall continue in full force and effect.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.

28. Force Majeure

Under no circumstances will We be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond Our reasonable control, including changes in government or medical board regulations that limit or change the requirements for the provision of services.

29. Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.

You agree that any action of whatever nature relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in Santa Clara County, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

30. Weight Management Program Terms

This section describes additional terms applicable to your participation in the CalyHealth Weight Management Program. The CalyHealth Weight Management Program is designed to provide access to routine and necessary services for weight loss with pharmacotherapy. It is a primary care offering not intended for use in emergencies or mental health crises, or by patients with specialized needs that should be treated by appropriate specialists.

The CalyHealth Weight Management Program is a membership-based service through which eligible members can obtain limited medical care at the discretion of the member's provider, including medical provider services and laboratory testing, for a recurring payment. Although a member's provider may prescribe medication as appropriate, the cost of medication is not included in the program fee and is paid separately through third-party pharmacies.

The CalyHealth Weight Management Program is not health insurance or a substitute for health insurance, does not meet any individual health insurance mandate under federal or state law, and cannot replace your relationship with any specialty provider. You should keep your existing health insurance coverage while participating in the program.

31. Universal Opt-Out and Private Payment Agreement

As a CalyHealth customer, you understand that you may be enrolled in Medicare, Tricare, or another insurance plan which provides coverage for certain medical services. However, when purchasing CalyHealth prescription plans, you are making the election to opt out of using your insurance benefits for all services rendered by Us. This election is valid during your entire episode of care.

You agree that by choosing to pay privately for all Services, you will not seek reimbursement from Medicare, Tricare, or any other insurance plan for the costs associated with these Services. You understand that you are solely responsible for payment for all Services rendered by Us.

You understand that you can revoke this decision at any time and utilize your Medicare, Tricare, or other insurance plan benefits for covered services.

32. Entire Agreement

These Terms, together with our Privacy Policy and Cancellation & Refund Policy, contain the entire agreement between you and Us regarding the use of the Site. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No agency, partnership, joint venture, or employment is created as a result of this Agreement.

33. Assignment

You may not assign any of your rights under this Agreement, and any such attempt will be null and void. We may, in our sole discretion, assign or transfer this Agreement or any or all of our contractual rights and obligations pursuant to this Agreement, in whole or in part, to any of our affiliates or to a third party in the event that some or all of our business is transferred to such third party by way of merger, sale of assets, or otherwise.

34. Contact Us

If you have questions about these Terms and Conditions, please contact us at:
CalyHealth Support
Email: support@calyhealth.com
Address: 2329 Cimarron Dr, Santa Clara, CA 95051

For provider and clinical questions:
OpenLoop Health Patient Support
Email: patientsupport@openloophealth.com