Terms of use
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Terms & Conditions
1. Agreement to Terms
These Terms & Conditions (“Terms”) form a binding agreement between you (“User,” “you,” or “your”) and Happy Bod LLC (“Happy Bod,” “Company,” “we,” “our,” or “us”). By creating an account, accessing, or using the Services (defined below), you agree to these Terms and our Privacy Policy. If you do not agree, you may not use the Services.
2. Important Disclaimers
2.1 No Medical Advice
Happy Bod does not provide medical advice, diagnosis, or treatment. Licensed, Independent healthcare providers are solely responsible for care decisions.
2.2 Emergency Situations
The Services are not for emergencies. If you have a medical emergency, call 911 immediately.
2.3 Provider Independence
Providers using the platform are independent professionals and not employees or agents of Happy Bod.
2.4 No Guarantee of Results
Wedonot guarantee outcomes, treatment success, or product effectiveness.
2.5 Service Availability
We do not guarantee that the Services will be uninterrupted, secure, or error-free. Services may be modified or discontinued at any time.
3. Eligibility & User Representations
By using the Services, you represent and warrant that you:
- Are at least 18 years old (or age of majority in your jurisdiction).
- Reside in a jurisdiction where Services are lawful and available.
- Will provide complete and truthful information, including medical history
- Will not impersonate others or misrepresent your identity.
4. Accounts & Security
You are responsible for maintaining account confidentiality and all activity under your account. Happy Bod is not liable for unauthorized use.
5. Payments, Billing & Refunds
Fees must be paid at the time of order.
Subscriptions auto-renew until canceled.
All sales are final. Refunds are at Happy Bod’s sole discretion.
Pricing may change with notice.
You agree not to dispute valid charges; chargebacks may result in account
termination and recovery of fees
6. Telehealth Services & Consent
By using telehealth services, you consent to
- Remote care via video, audio, or asynchronous communication.
- The inherent limitations of telehealth (e.g., limited physical exam).
- Sharing your information with providers, pharmacies, and service partners as needed.
- providers may refer you to in-person care if appropriate.
7. Pharmacy & Product Fulfillment
Prescriptions are not guaranteed and subject to provider approval.
Medications may be filled by licensed partner or compounding pharmacies.
Shipping times are estimates; Happy Bod is not liable for delays.
Risk of loss passes to you once products are delivered to the carrier.
Products are provided “AS IS” without warranties
8. No Warranty
The Services are provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
9. Limitation of Liability
To the maximum extent permitted by law:
Happy Bod is not liable for indirect, incidental, special, consequential, or punitive damages.
Our total liability shall not exceed the greater of:
- The amount you paid in the past 12 months, or
- $100.
Any claim must be filed within one (1) year of the event giving rise to it.
10. Indemnification
You agree to indemnify and defend Happy Bod, its affiliates, officers, employees, contractors, and partners from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from your use of the Services, your violation of these Terms, or disputes with providers.
11. Intellectual Property
All trademarks, software, content, and materials belong to Happy Bod or its licensors. Unauthorized use is prohibited.
12. Privacy & HIPAA
Your information is handled in accordance with our Privacy Policy and HIPAA obligations where applicable.
13. Prohibited Conduct
You agree not to:
- Provide false or incomplete information.
- Attempt unauthorized access.
- Introduce malware or harmful code.
- Use bots, scrapers, or automated tools.
- Harass or abuse providers, staff, or users.
14. Third-Party Services
We are not responsible for the content, services, or policies of third-party sites or vendors. Use them at your own risk.
15. Dispute Resolution
15.1 Arbitration
All disputes will be resolved exclusively through binding arbitration under the AAA Commercial Arbitration Rules.
15.2 Waivers
You waive any right to a jury trial and to participate in class, collective, or representative actions.
15.3 Governing Law
These Terms are governed by the laws of the State of [Insert State]. Venue for arbitration shall be [Insert City, State].
16. Termination
Wemaysuspend or terminate Services at any time for violations of these Terms or conduct harmful to our business.
16.1 Survival
Sections 2, 5, 7, 8, 9, 10, 11, 15 survive termination.
17. Changes to Terms
Wemaymodify these Terms at any time. Updated Terms are effective upon posting. Continued use constitutes acceptance.
18. Waiver of Damages from Regulatory Action
You waive claims for damages if Services are restricted or discontinued due to regulatory, legal, or governmental action.
19. Severability
If any provision is invalid, the remaining provisions remain enforceable.
20. Entire Agreement
These Terms, along with our Privacy Policy and Telehealth Consent, form the entire agreement between you and Happy Bod.
Privacy Policy
1. Scope
This Privacy Policy describes how Happy Bod LLC collects, uses, shares, and protects your information.
2. Information We Collect
Identifiers: name, email, DOB, contact info.
Health Information (PHI): medical history, prescriptions, lab results.
Financial Data: payment details.
Technical Data: IP address, device info, cookies.
3. How We Use Information
Deliver telehealth and pharmacy services.
Facilitate provider communications.
Process payments and manage subscriptions.
Comply with legal and regulatory obligations.
Improve Services and conduct analytics.
4. How We Share Information
With licensed providers to deliver care.
With partner pharmacies to fill prescriptions.
With service vendors (IT, billing, shipping).
As required by law or government request.
Wedonot sell your PHI.
5. Security
HIPAA-compliant encryption (in transit & at rest).
Access limited to authorized personnel.
Regular audits and monitoring.
6. Your Rights
Request copies of PHI.
Request corrections.
Request restrictions on disclosures.
File a complaint with Happy Bod or HHS OCR.
7. Data Retention
Weretain records as legally required (typically 7 years).
8. Cookies & Tracking
Weuse cookies/analytics to enhance Services. You may opt-out, though functionality may be limited.
9. Children’s Privacy
Wedonot knowingly collect data from children under 18.
10. Changes
We may update this Policy. Continued use constitutes acceptance.