MOLDCO TERMS OF USE

Last updated: March 23, 2026

IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911.  IF YOU ARE CONTEMPLATING SUICIDE OR AT RISK OF SUICIDAL IDEATION, PLEASE CALL OR TEXT 988.

MOLDCO DOES NOT PROVIDE MEDICAL CARE; SEE YOUR RELATIONSHIP WITH US BELOW. CONTENT ON THE PLATFORM IS FOR INFORMATIONAL PURPOSES AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.

MOLDCO PROVIDES A NON-CLINICAL TECHNOLOGY PLATFORM AND ADMINISTRATIVE SERVICES ONLY. ANY HEALTHCARE SERVICES ARE PROVIDED SOLELY BY INDEPENDENT THIRD-PARTY LICENSED PROVIDERS UNDER SEPARATE CLINICAL AGREEMENTS BETWEEN YOU AND THOSE PROVIDERS.

PLEASE NOTE: THE DISPUTE RESOLUTION SECTION OF THESE TERMS AND CONDITIONS INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIAL, WHICH AFFECT HOW DISPUTES WITH MOLDCO ARE RESOLVED. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE TO BE BOUND BY ALL OF ITS PROVISIONS. PLEASE READ THOSE PROVISIONS CAREFULLY.

Welcome to MoldCo! We know that dealing with mold can be stressful, but we’re here to make things as smooth and straightforward as possible. Before we get started, we invite you to take a moment to read through our Terms of Use. We’ve done our best to keep things clear, friendly, and easy to understand—no confusing jargon here! Our goal is to help you feel confident and informed every step of the way. Please review these Terms carefully. If you have any questions or need clarification, our team is always happy to help. Thanks for choosing MoldCo—we’re excited to help you create a healthier, mold-free space!

The Immune Co. d/b/a  MoldCo, together with its affiliates (collectively, “MoldCo” or “we”) owns and operates the website(s) located at moldco.com together with corresponding web and/or mobile applications (collectively, the “Platform”). Your access to and use of the Platform, including MoldCo-provided content and non-clinical administrative, informational, and technology services provided by MoldCo through or in connection with the Platform (collectively, the “Platform Services”), are governed by these Terms of Use (“Terms”). For clarity, references in these Terms to ‘Platform Services’ refer only to MoldCo’s non-clinical services. Healthcare Services (if any) are governed by separate agreements between you and the applicable Third-Party Providers.

Platform Services do not include Healthcare Services. MoldCo does not provide Healthcare Services. Healthcare Services are provided solely by independent Third-Party Providers under separate agreements between you and such providers.  

By accessing the Platform, you agree to these Terms and you acknowledge the applicability of our Privacy Policy (https://www.moldco.com/privacy) and Notice of Privacy Practices where applicable to clinical services (https://www.moldco.com/notice-of-privacy-practices). If you do not accept and agree to be bound by these Terms, you may not use the Platform Services. We may change or revise these Terms at any time on a going-forward basis. For any material changes affecting recurring charges, dispute resolution, or your substantive rights we will provide advance notice as required by law (e.g., email or in-product notice). Your continued use after the effective date of updated Terms constitutes acceptance. We will post notice on the Platform or otherwise notify current Customers (defined below) of any material changes to these Terms. By using the Platform, you consent to receive records and notices electronically (E-SIGN). You may withdraw E-SIGN consent by contacting support@moldco.com. If you withdraw consent, certain features may be unavailable; we will provide paper copies upon request where required by law.

You should not transmit any health-related information or other sensitive information using the public portions of the Platform (e.g., contact forms, SMS, email) until/unless (i) you are using the Platform create an account, enroll, and/or log in as a Member or (ii) you are a Member who is logged in and using the Platform to receive Healthcare Services.

CONTENTS

Eligibility and Limited Nature of the Platform Services

Your Relationship With Us and with Third-Party Providers

Third-Party Providers of Healthcare Services

Communications and Notices

Consent for Telehealth Services

Your Financial Responsibility for Platform Services

Memberships and Other Payments

Healthcare Services Provided by Charity Providers

Not an Insurance Product

Disclaimers

Privacy 

Intellectual Property

Prohibited Use

Limitation of Liability

Indemnification

Termination

Governing Law; Dispute Resolution

Miscellaneous Provisions

Contact Information

Eligibility and Limited Nature of the Platform Services

You must be 18 years of age or older (and at least any older age of majority in your state) and reside in the United States to use the Platform Services, and for certain Healthcare Services (defined below) you must be located in a state in which those Healthcare Services are offered. By visiting the Platform or accessing any other aspect of the Platform Services, you represent that you meet these eligibility requirements and that you have the right and capacity to agree to and abide by these Terms. You also agree that you will use the Platform Services and, where applicable, Healthcare Services provided by independent Third-Party Providers in a manner consistent with all applicable laws. Platform Services and Healthcare Services are separate and distinct. MoldCo provides Platform Services only and does not provide Healthcare Services.

If you are a parent or legal guardian providing consent and active oversight for an individual minor who is under the age of eighteen (18) (or a higher age of majority under applicable state law), references in these Terms to “you” refer to you as parent or guardian and/or the individual minor, as applicable in the context of such reference. You as parent or legal guardian represent and warrant that (i) you are the parent or legal guardian for such minor and have all legal power and authority to provide consent for the use of the Platform Services by the minor; (ii) when you use the Platform Services to consult with a Third-Party Provider (defined below), you and the minor are located in the same state as the shipping address you provide in your MoldCo account at the time that you conduct such consultation; (iii) you will comply with all applicable laws in visiting, accessing, registering for, and using the Platform Services; and (iv) you will only use the Platform Services in a lawful manner and for lawful purposes. Please contact support@moldco.com if you are a parent or legal guardian of an individual under the age of eighteen (18) (or under any older age of majority in your state) who you believe has used the Platform Services directly, without the constant oversight and involvement of a parent or legal guardian.

NOTE THAT THE PLATFORM SERVICES RELATE ONLY TO CERTAIN MOLD-RELATED INFORMATION, ADMINISTRATIVE SUPPORT, AND PLATFORM FUNCTIONALITY. ANY HEALTHCARE SERVICES ARE PROVIDED SOLELY BY THIRD-PARTY PROVIDERS AND NOT BY MOLDCO. THE USE OF THE PLATFORM SERVICES WILL NOT ADDRESS OTHER HEALTH OR MENTAL OR BEHAVIOURAL CONDITIONS OR CONCERNS, EVEN IF SUCH CONDITIONS OR CONCERNS HAVE SYMPTOMS THAT ARE SIMILAR OR RELATED TO THE MOLD-RELATED CONCERNS THAT MAY BE THE SUBJECT OF THE PLATFORM SERVICES. 

Certain products available through the Platform Services may be subject to age restrictions, and not all Platform Services and related products are available to individuals of any age. In addition, the Platform Services are subject to state and federal regulations and other laws and the provision of the Platform Services and associated terms of service may be updated from time to time due to changes in applicable regulatory requirements.

In some cases, the Service may not be the most appropriate way for you to provide information to, communicate with or seek medical or other healthcare treatment or products from a healthcare provider. For example, certain medical conditions may require an in-person evaluation or procedure and/or the services of a healthcare provider other than one of the Third-Party Providers available through the Platform. Moreover, a Third-Party Provider consulting with you via the Platform may determine that your evaluation, diagnosis and/or treatment requires an in-person office visit or otherwise cannot be appropriately addressed through use of the Platform Services. In such a case, you may receive notification that you will not be permitted to use the Platform Services for a particular condition or concern, in which case the Third-Party Provider may suggest some potentially available next steps for your consideration (although any such suggestions should not be considered to be healthcare advice).

Your Relationship with Us and with Third-Party Providers

Platform Services are available to individuals who register and are provided access to the Platform (“Customers”). The Platform Services include administrative and technology tools that may allow you to access, request, or coordinate services and products offered by independent third-party healthcare practitioners, pharmacies, laboratories, and other providers (“Healthcare Services” provided by “Third-Party Providers”).

Healthcare Services are not Platform Services and are not provided by MoldCo.

Importantly, although we may offer for purchase subscription-based or other access to and use of Healthcare Services, MoldCo does not provide Healthcare Services. Healthcare Services are provided subject to applicable regulations and other laws as well as any service terms of the Third-Party Provider.  MoldCo’s role is limited to providing a non-clinical technology platform, administrative tools, and informational services. MoldCo does not provide, supervise, direct, control, or influence Healthcare Services, clinical decisions, or medical care.  MoldCo does not determine medical necessity, does not select or assign providers, and does not influence clinical decision-making. Any information or advice received from a Practitioner comes from the Practitioner or Medical Group alone, and not from MoldCo. Clinical advice is provided solely by Practitioners/Medical Groups. MoldCo does not supervise, direct, control, or employ Practitioners (unless explicitly stated), and does not guarantee clinical outcomes. Your interactions with Practitioners via the Platform are not intended to take the place of your relationship with your regular health care practitioners. MoldCo does not make any representations or warranties about the training or skill of any Third-Party Providers who provide services via the Platform. You acknowledge that your reliance on any Providers, Medical Groups, Labs or Pharmacies, or information provided by the Providers or Medical Groups via the Platform Services is solely at your own risk and you assume full responsibility for all risk associated therewith.

If you enroll in a Program and become a Member, you may use the Platform to access technology tools that enable you to request or communicate with Third-Party Providers. Any telehealth or clinical services are provided solely by Third-Party Providers and not by MoldCo. MoldCo provides technology infrastructure only. Telehealth Services are not appropriate for all conditions; Practitioners may refer you to in-person care or emergency services.

MoldCo does not engage in the practice of medicine or provide any Healthcare Services. We do not control or interfere with the practice of medicine or other provision of healthcare services or medicine by any Third-Party Provider, including any Provider Groups, each of which is solely responsible for directing the medical care, laboratory services, medicine and/or other treatment, or services they provide to you. You acknowledge and agree that, by using the Platform Services to enter into a doctor-patient or other healthcare provider-patient relationship with one or more of the Third-Party Providers, you are not entering into a doctor-patient or other health care provider-patient relationship with MoldCo. 

Third-Party Providers of Healthcare Services

Independent Third-Party Providers, including Immune Co Medical Group PA or other licensed providers, may offer Healthcare Services that you may access through or in connection with the Platform. MoldCo does not provide Healthcare Services and does not employ or control Medical Group or Practitioners. Medical Group is an independent physician-owned entity. Medical Group provides Healthcare Services directly to patients under separate clinical agreements. MoldCo does not provide clinical services.

In addition to access to Practitioners, the Platform may provide access to prescription fulfillment services (“Pharmacies”) and independent laboratories (“Labs”). Some Labs may provide Clinical Laboratory Services, and some may provide Environmental Testing Services.  

Practitioners, Pharmacies, and Labs are Third-Party Providers under these Terms. As stated above, your use of their products and services are subject to applicable regulations and other laws as well as the applicable product and/or service terms of the Third-Party Provider. You agree that MoldCo shall not be responsible or liable for any loss or damage incurred as the result of your receipt and/or use of the Healthcare Services. In the event of any dispute between you and any Third-Party Provider or any other third party concerning the Healthcare Services, you understand and agree that MoldCo shall not be obligated to become involved in such dispute, and you hereby release and agree to indemnify and hold harmless MoldCo and its corporate parents, subsidiaries, and affiliates, and all of their respective contractors, directors, officers, employees, representatives, partners, shareholders, principals, agents, predecessors, successors, and assigns from any and all claims, demands, and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of any claim or dispute concerning the Healthcare Services (other than with respect to registration and payment for Platform Services or, if applicable, payment facilitation that MoldCo performs as a limited collection agent).

MoldCo may facilitate payment processing as a limited payment collection agent for Third-Party Providers, solely for administrative convenience. MoldCo does not own, retain, or control clinical fees, except as necessary to process and transmit payments to Third-Party Providers. MoldCo does not set clinical fees, does not provide Healthcare Services, and does not receive payment for Healthcare Services except in its capacity as payment processor or collection agent. You will be notified of the fees for such Healthcare Services on the Platform.  The Platform Services are currently only available to individuals who are located in states in which we offer the Platform Services.

You hereby certify that you are physically located in the state you have entered as your current location in connection with using the Platform in connection with Healthcare Services provided by independent Third-Party Providers. MoldCo itself does not provide Healthcare Services.  You acknowledge that your authorization to use the Platform and access Healthcare Services is conditioned upon the truthfulness of this certification, and that the Practitioners you access through the Platform are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify MoldCo, Practitioners and Medical Group from any resulting damages, costs, or claims.  

Note that Medical Group is an independent physician-owned entity. Medical Group provides Healthcare Services directly to patients under separate clinical agreements. MoldCo does not provide clinical services. For the provision of any reduced fee, charity or free Healthcare Services for financially qualified individuals, such Healthcare Services may be provided by nonprofit clinics and other charity care providers that contract with MoldCo or license the Platform (“Charity Providers”).  Any determination of qualification for free or reduced cost services shall be made by such Charity Providers in their sole discretion.   

Prescription Products and Platform Services

You will not be able to obtain a prescription product through the Platform Services unless you have completed a consultation with one of the Practitioners, the Practitioner has determined the prescription product is appropriate for you, and the Practitioner has written a prescription.

You acknowledge that you have freedom of choice of pharmacy. If you do not communicate a different choice of pharmacy (by using any available Platform functionality or by emailing support@moldco.com), a prescription by a Practitioner may be transmitted by the Practitioner or the applicable Third-Party Provider (or its designated agent) to a pharmacy you select or, if you do not select a pharmacy, to a participating pharmacy identified through the Platform, as permitted by law.

MoldCo does not issue prescriptions and does not make clinical decisions. MoldCo may provide non-clinical technology and administrative support that enables Third-Party Providers to transmit prescriptions as permitted by law.

Not all prescriptions fulfilled by the Pharmacies use child-resistant packaging and your prescription product may not be dispensed in a child-resistant container. Furthermore, not all prescription products are available through the Platform Services.

If you complete a consultation with a Practitioner and you receive a prescription that is filled through one of the Pharmacies, the prescription product will be shipped to you by the applicable Pharmacy. However, if you fill a prescription written by a Practitioner  through a pharmacy not accessed through the Platform, you will be responsible for picking up or obtaining delivery of the prescription product and you will be responsible for the costs of the prescription product and such shipment and/or delivery.

MOLDCO DOES NOT REPRESENT OR PROVIDE ANY ASSURANCE OR GUARANTEE THAT ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU IN CONNECTION WITH ANY HEALTHCARE SERVICES YOU OBTAIN THROUGH THE PLATFORM.

NOTE THAT PRACTITIONERS DO NOT PRESCRIBE DEA-CONTROLLED SUBSTANCES, SUCH AS THOSE CONTAINING OPIOIDS OR AMPHETAMINES, THROUGH THE PLATFORM.

Telemedicine prescribing of controlled substances is subject to the federal Ryan Haight Act and applicable state law; additional in-person evaluation or requirements may apply. Practitioners may check state Prescription Drug Monitoring Programs (PDMPs) as required by law. Practitioners may decline to prescribe, modify, or discontinue treatment in their professional judgment.

MoldCo does not access, review, or make decisions regarding PDMP checks or prescribing decisions.

Laboratory Products and Platform Services

Certain testing-related products and services may be available through or in connection with the Platform. These offerings fall into two separate categories:

(a) Clinical Laboratory Services. “Clinical Laboratory Services” means laboratory products and services involving testing of an individual that are ordered or authorized by a licensed healthcare provider, including a Practitioner, where required by applicable law.

(b) Environmental Testing Services. “Environmental Testing Services” means non-clinical laboratory products and services relating to a home, building, or other indoor environment, including dust or other environmental sample testing, that are offered for informational, educational, or wellness purposes and are not intended to diagnose, treat, cure, or prevent any disease or condition.

For clarity, Clinical Laboratory Services and Environmental Testing Services are distinct offerings and are subject to different legal and operational requirements.

MoldCo does not perform laboratory testing, does not operate a laboratory, and does not interpret laboratory results. All laboratory testing is performed by independent third-party laboratories (“Labs”), which are Third-Party Providers under these Terms and are solely responsible for the testing they perform, the reports they issue, and their compliance with applicable law.

Clinical Laboratory Services

Certain Clinical Laboratory Services may require a valid order, authorization, or prescription from a licensed healthcare provider. Where applicable, you may not obtain Clinical Laboratory Services through or in connection with the Platform unless you have completed any required consultation and the applicable Practitioner or other licensed provider has determined that the requested test is appropriate and has issued any required order or authorization.

Clinical Laboratory Services will not be provided if the applicable provider does not authorize or order the requested test.

Availability of Clinical Laboratory Services may vary by state and may change due to applicable federal or state laws and regulations. Certain tests may not be available on a direct-to-consumer basis in some states, and some tests may require provider involvement even if specimen collection occurs at home.

If you receive Clinical Laboratory Services through a Lab available through the Platform, testing materials may be shipped to you by the applicable Lab or other fulfillment partner, and results may be provided by the applicable Lab and/or the ordering provider, as applicable.

Unless otherwise disclosed at checkout or in a separate written agreement, fees for Clinical Laboratory Services, including testing, shipping, and related professional charges, may be billed separately by the applicable Lab and/or ordering Third-Party Provider. Any amounts paid to MoldCo are for Platform Services or for payment facilitation as a limited payment collection agent.

Environmental Testing Services

The Platform may also provide access to Environmental Testing Services offered by independent environmental laboratories. Environmental Testing Services assess conditions in a home, building, or other environment and are not clinical tests of any person’s health status.

Environmental Testing Services are provided for informational, educational, or wellness purposes only. They are not medical care, are not Healthcare Services, and are not intended to diagnose, treat, cure, or prevent any disease or condition.

Interpretation of Environmental Testing Services and any health-related decisions should be made in consultation with a licensed clinician where appropriate.

If you purchase Environmental Testing Services through or in connection with the Platform, testing materials may be shipped to you by the applicable laboratory or fulfillment partner, and results may be provided to you by the applicable laboratory in accordance with that laboratory’s own terms and privacy practices.

Your submission of environmental samples and use of Environmental Testing Services are subject to the applicable laboratory’s own terms, conditions, and privacy policy.

Laboratory Assignment

Where Clinical Laboratory Services are ordered, the applicable Third-Party Provider or laboratory partner will determine the laboratory used to perform the testing, subject to applicable law and operational requirements. You may not request that a laboratory order be sent to a different laboratory through the Platform.

At-Home Collection

Some Clinical Laboratory Services and some Environmental Testing Services may involve at-home collection or submission of samples. At-home collection is a collection method only and does not determine whether a test is a Clinical Laboratory Service or an Environmental Testing Service.

You are responsible for following all collection, packaging, mailing, and other instructions provided by the applicable Lab or provider. Failure to follow instructions may result in rejected or inconclusive results.

Test Results

If a laboratory test accessed through or in connection with the Platform is successfully processed by the applicable Lab, the resulting report or results will be made available in the manner described in the applicable test instructions or Platform materials.

For Clinical Laboratory Services, results should be reviewed with the ordering provider or another licensed clinician. Additional evaluation, confirmatory testing, or follow-up may be appropriate.

For Environmental Testing Services, results relate only to environmental conditions and are not a diagnosis of any person’s medical condition.

Because of the nature of laboratory testing, neither MoldCo nor the applicable Lab guarantees that any result will be completely accurate or error-free. False positives, false negatives, sampling issues, and laboratory limitations may affect results.

MoldCo does not provide clinical interpretation of laboratory results.

Standalone Products and Platform Services

Separate and apart from the Healthcare Services, MoldCo may make available to you for purchase using or in connection with the Platform Services certain products and services from third parties, which can be purchased without an order or prescription from a healthcare practitioner (“Standalone Products and Services”). Such products and services may include Environmental Testing Services and other wellness, informational, or educational products made available through the Platform. For clarity, provider-ordered Clinical Laboratory Services are not Standalone Products and Services, even if specimen collection occurs at home. Payment for Standalone Products and Platform Services, including any associated shipping charges, is not included in any Subscription. Moreover, MoldCo is merely a reseller of such products and services, which are provided pursuant to the terms, warranties, conditions, and privacy practices established by the manufacturer or provider of such products and services. Except to the extent otherwise required by applicable law, MoldCo disclaims all warranties, representations, and liability or responsibility for the use, performance, characteristics, quality, or any other aspect of the Standalone Products and Platform Services. In the event of any dispute between you and any third party concerning the Standalone Products and Platform Services, you understand and agree that MoldCo shall not be obligated to become involved in such dispute, and you hereby release and agree to indemnify and hold harmless MoldCo and its corporate parents, subsidiaries, and affiliates, and all of their respective contractors, directors, officers, employees, representatives, partners, shareholders, principals, agents, predecessors, successors, and assigns from any and all claims, demands, and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of any claim or dispute concerning the Standalone Products and Platform Services (other than with respect to ordering and payment therefor using or in connection with the Platform Services). Standalone Test Services are for wellness/educational use and not intended to diagnose, treat, or cure disease. Follow-up diagnostic testing and clinical consultation may be required; always consult a licensed clinician about your results.

Note that some of the persons or entities holding ownership interests in MoldCo may also hold an ownership interest in the third-party manufacturers or providers of Standalone Products and Platform Services, as permitted by applicable law.

Laboratory Test Results

If a laboratory test accessed through or in connection with the Platform is successfully processed by the applicable Lab, the results will be provided in accordance with the applicable test instructions and laboratory reporting practices. Clinical laboratory results should be reviewed with the ordering provider or another licensed clinician where appropriate.

Accordingly, whether or not the Lab performing the Test Services indicates in the Test Results that said results are "positive," "reactive," "detected," "elevated" or any other indication, you should review your results with the ordering provider or another licensed clinician, as appropriate.

Furthermore, due to the nature of the Test Services, neither we nor the Lab warrant that the Test Results will be entirely or 100% accurate. Inaccuracies can arise from a number of factors. Additionally, there can be instances of "false-positive" and "false-negative" test results.

Accordingly, if you have a "positive," "reactive," "detected," or "elevated" Test Result, or have concerns about your Test Results, you may need additional evaluation, confirmatory testing, or follow-up as recommended by a licensed clinician.

If you require any further information, you agree to contact  the Lab, the ordering provider (if applicable), or a licensed healthcare professional for further information.

MoldCo does not provide clinical interpretation of test results.

Communications and Notices

You acknowledge and agree that Third-Party Providers may provide you electronic messages and reports via the Platform regarding Healthcare Services. MoldCo provides the technology platform used for communication but does not provide clinical services, diagnosis, or treatment. MoldCo is not responsible for the security or privacy of computer, software, and network tools you use to access or receive such messages and reports.

If you provide your number and explicitly opt in, you consent and agree to receive non-marketing SMS/text messages (including messages sent using automated technology) from MoldCo (about Platform Services) and from Third-Party Providers (about Healthcare Services), as applicable, concerning resources, updates, scheduling, safety or security notifications, and other important information. Message and data rates may apply. Message frequency varies. MoldCo Subscription Alerts: This messaging program sends messages to individuals who register through our patient intake process and explicitly opt in to receive SMS messages after providing their phone number. Messages may include reminders to complete patient intake if left incomplete.

You can cancel the SMS service at any time by texting "STOP" or by any other reasonable means, including replying to a message, contacting support, or other methods we make available. We will process opt-out requests as soon as reasonably practicable and in any event within 10 business days. After you send "STOP" (or otherwise opt out), we may send a one-time confirmation message (which will not include marketing content), and you will no longer receive SMS messages from us. If you wish to rejoin, you may sign up again through the intake process.

If you are experiencing issues with the messaging program, you can reply with "HELP" for assistance or contact us at support@moldco.com.

Carriers are not liable for delayed or undelivered messages. For questions about your text or data plan, contact your wireless provider. For privacy-related questions, please review our Privacy Policy at https://www.moldco.com/privacy.

Marketing text messages require your separate, express written consent, are completely optional, and are not a condition of purchasing any goods or services. SMS messages may not be secure, and you should consider this when choosing to communicate via text. You understand that you should not send us any sensitive information, including but not limited to Protected Health Information (PHI), through SMS/text messaging.

Where permitted, you consent to the use of an automatic telephone dialing system or prerecorded technologies for non-marketing messages.

Consent for Telehealth Services

Telehealth involves the delivery of health care services using electronic communications, information technology, audio and/or visual technology, and other means between a healthcare provider and a patient who is not in the same physical location. While the provision of health care services using telehealth may offer potential benefits, there are also potential risks associated with the use of telehealth. Telehealth services are not a substitute for in-person care in all cases. Before telehealth services begin, you will be asked to review and agree to a Telehealth Informed Consent form that explains the technology used, risks, benefits, alternatives, your right to withdraw consent, and any state-specific requirements (including restrictions on audio-only services, if applicable). In order to use the Healthcare Services, you will be required to review and agree to one or more informed consents regarding the use of telehealth by Third-Party Providers (“Patient Consents”) that will be provided to you via the Platform. You agree that  the applicable Third-Party Provider(s) may rely on such consents in connection with the Healthcare Services. MoldCo’s role is limited to providing the Platform through which Third-Party Providers may present Patient Consents. MoldCo does not provide telehealth services and is not a party to the provider-patient relationship created through telehealth.

Your Financial Responsibility for Services

MoldCo does not provide Healthcare Services and is not enrolled in or a participating provider with any federal or state healthcare payment program, including Medicare or Medicaid.

Healthcare Services available through or in connection with the Platform are provided solely by independent Third-Party Providers, including Medical Groups, Practitioners, Pharmacies, and Labs. Third-Party Providers are independent of MoldCo and are solely responsible for their own billing practices, regulatory compliance, and participation in any healthcare payment programs.

Healthcare Services accessed through the Platform are generally offered on a self-pay basis and may not be submitted for reimbursement to federal or state healthcare payment programs. To the extent permitted by applicable law, neither MoldCo nor any Third-Party Provider is obligated to submit claims for reimbursement to any federal or state healthcare payment program for Healthcare Services or related products obtained in connection with the Platform.

By choosing to use Healthcare Services, you understand that such Healthcare Services are provided by Third-Party Providers. MoldCo provides Platform Services only and is not the provider of Healthcare Services.

Membership and Other Payments

Pricing for Platform Services and certain Third-Party Provider services made available through the Platform is as set forth on the Platform. Certain Platform Services are only available on a subscription basis (“Membership”) for a corresponding, recurring fee (“Membership Fee”) as described in the Member Subscription Agreement. For clarity, Membership is a subscription for access to non-clinical Platform Services and does not include Healthcare Services, which are provided by Third-Party Providers under separate terms and fees. Unless otherwise specified on the Platform or in the Member Subscription Agreement, Memberships automatically renew until canceled. We will present clear and conspicuous auto-renewal terms (including renewal frequency, price, and how to cancel) immediately adjacent to the checkout button. Memberships automatically renew for the applicable subscription period (e.g., monthly or annually), and your payment method will be automatically charged at regular intervals as necessary to pay for such automatic renewals – typically, this charge will occur approximately two (2) or three (3) business days in advance of the renewal date. Memberships are generally not applicable to individuals receiving Healthcare Services solely from Charity Providers unless otherwise disclosed in writing. For annual (and multi-month) Memberships, we will send a renewal reminder 30–45 days before the renewal date with clear cancellation instructions.

You may cancel your Membership pursuant to the terms of the Member Subscription Agreement by contacting support@moldco.com or using any functionality to communicate with a MoldCo team member provided on the Platform through your Customer account.  All cancellations or terminations of your Membership are subject to the Membership Agreement, including without limitation Section 5 (“Renewals and Termination”). In addition, MoldCo will consider requests for accommodation on a discretionary, case-by-case basis as to automatic renewals and cancelation requirements, and we may also in our discretion “pause” or suspend your Membership for a limited, set period of time prior to taking any further action, such as termination or cancellation, of your Membership. Membership pricing and terms may change from time to time; however, we will provide advance written notice of any price changes consistent with applicable law. 

As noted above, Third-Party Provider fees and third-party products/services are not included in the Membership unless expressly stated at checkout or in a separate written agreement. 

All Standalone Products and Platform Services are subject to availability and we reserve the right to impose quantity limits on any order or to decline all or any part of an order. In the event of a pricing or other error, we reserve the right to correct the error and revise your order accordingly (or to cancel the order and refund any amount charged at our sole discretion). Prices for any of the products and services  are subject to change from time to time. You are responsible for any applicable sales, use, duty, customs, or other governmental taxes, levies, or fees (“Taxes”) due with respect to your purchase of products or services using the Platform Services. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between payment processing services and changes in tax rates. We are not required to, and do not, collect Taxes for sales to individuals in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.

Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If your designated payment method is declined, we may but are not required to attempt to process your charge again. We and our third-party payment service providers may request, and may receive from your payment card issuer, updated payment card information, such as updated card numbers and expiration dates, for us to process future orders and Membership Fees, to the extent permitted by applicable law and under our payment-related contracts, and you authorize us to do so. If you wish to opt out of your payment card’s updating permissions, you should contact your payment card issuer. We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or payment card issuer reverses or declines to honor a valid charge to your payment card, we will seek payment by another method including a mailed statement.

Payment card transactions on the Platform are processed by a third-party online payment processing service. As of the effective date of these Terms, we use Stripe, Inc. for such services. Additional information about Stripe, including its commercial terms and privacy practices, is available at stripe.com. When MoldCo facilitates payment for Third-Party Provider services, MoldCo acts solely as a limited payment collection agent or payment facilitator for administrative convenience. MoldCo does not set clinical fees and does not provide Healthcare Services. MoldCo does not share in professional fees except as permitted under applicable law and solely in its role as payment facilitator or administrative service provider.

You agree to pay shipping and handling charges, if any, as indicated at the time you place an order on the Platform or otherwise through the Platform Services. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. 

EXCEPT AS REQUIRED BY LAW OR AS EXPRESSLY STATED FOR A GIVEN OFFERING, FEES ARE NON-REFUNDABLE. HOWEVER, MOLDCO RESERVES THE RIGHT, AT ITS SOLE AND REASONABLE DISCRETION, TO DETERMINE WHETHER A REFUND MAY BE ISSUED. EACH REQUEST FOR A REFUND WILL BE ASSESSED ON A CASE-BY-CASE BASIS, TAKING INTO CONSIDERATION THE CIRCUMSTANCES SURROUNDING THE REQUEST. THIS PARAGRAPH DOES NOT LIMIT ANY STATUTORY COOLING-OFF, TELEHEALTH, OR CONSUMER-PROTECTION RIGHTS THAT MAY APPLY. THIS PARAGRAPH APPLIES TO FEES PAID TO MOLDCO FOR PLATFORM SERVICES. REFUNDS (IF ANY) FOR THIRD-PARTY PROVIDER SERVICES ARE GOVERNED BY THE APPLICABLE THIRD-PARTY PROVIDER’S TERMS, UNLESS MOLDCO EXPRESSLY STATES OTHERWISE IN WRITING.

Healthcare Services Provided by Charity Providers

In addition to these Terms, if you are a patient and receive Healthcare Services by a Charity Provider, in order to access or use the Healthcare Services, you agree to be subject to the terms and conditions set forth in the applicable Charity Provider Patient User Agreement, including any amendments or modifications thereto. The Charity Provider Patient User Agreement, which may be provided to you by the Charity Provider, sets forth the specific terms governing your access to and use of the Healthcare Services offered by such Charity Providers. You acknowledge and agree that any Healthcare Services provided by Charity Providers are governed solely by the terms of the Charity Provider Patient User Agreement and that MoldCo is not responsible for the provision, quality, or outcome of the Healthcare Services delivered by these Charity Providers. Additional terms may apply, and it is your responsibility to review and understand the terms of the Charity Provider Patient User Agreement before accessing or using the Healthcare Services provided by Charity Providers.

Not an Insurance Product

MoldCo and the Medical Group are not insurers or are engaged in the business of insurance. Neither these Terms nor any Member Subscription Agreement are or shall be deemed a contract for insurance. If you desire any type of health or other insurance, you must purchase such insurance separately. MoldCo makes no guarantee as to whether your use of the Platform may be combined or used with any third-party insurance. The fees paid to MoldCo are for Platform Services only. Healthcare Services are billed separately by Third-Party Providers, unless MoldCo facilitates payment as collection agent. As applicable, fees to Practitioners cover only the rendering of medical care by the Practitioners, and do not cover the cost of any diagnostic or other laboratory tests (whether provided by a Lab or otherwise), prescription medications dispensed by a Pharmacy or medical devices, specialty medical care rendered by any third party regardless of if a Third Party Provider, any referral made by the Practitioner to another Third-Party Provider or other third party, or  any other medical care provided by anyone other than the Practitioner assigned to provide Healthcare Services to you via the Platform unless otherwise specifically set forth in the Member Subscription Agreement.

Disclaimers

Content and other information contained on the Platform are provided by MoldCo as a convenience. Users relying on Content or other information from the Service do so at their own risk. MoldCo does not make any representations or warranties about any Healthcare Services communications from any Practitioner or Third-Party Provider, and MoldCo does not review or approve clinical content. You and the Practitioner are solely responsible for all information and/or communication sent or received during a telehealth consultation or other communication in connection with the Platform Services. MoldCo does not represent or guarantee that any Healthcare Services provided by Third-Party Providers are appropriate for your particular condition. Third-Party Providers are solely responsible for clinical decisions and care. MoldCo provides the Platform “as is” and does not provide medical advice, diagnosis, or treatment. You agree to contact the Practitioner or another physician, or otherwise seek medical attention, immediately should your condition change or your symptoms worsen. Reliance on any information provided through the Platform Services is at your own risk, to the maximum extent permissible by law. If you have any concerns or questions about your health that you believe have not been adequately addressed by a Practitioner or other Third-Party Provider in connection with the Platform Services, you should ask to consult with another Practitioner via the Platform or you should seek a consultation from another healthcare provider of your choosing separate and apart from the Platform and the Platform Services. 

THE PLATFORM SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MOLDCO DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE PLATFORM SERVICES, INCLUDING WITH RESPECT TO ANY INFORMATION OR OTHER CONTENT PROVIDED ON OR THROUGH THE PLATFORM OR THE PLATFORM SERVICES.  MOREOVER, MOLDCO DISCLAIMS ANY WARRANTIES AS TO STANDALONE PRODUCTS AND PLATFORM SERVICES OR HEALTHCARE SERVICES BEYOND SUCH WARRANTIES AS ARE PROVIDED DIRECTLY AND AVAILABLE TO YOU FROM THE APPLICABLE MANUFACTURER, SUPPLIER, OR SERVICE PROVIDER, OR OTHERWISE PURSUANT TO APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, MOLDCO DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE PLATFORM SERVICES. MOLDCO ALSO DOES NOT WARRANT THAT THE PLATFORM SERVICES WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY OTHER DISRUPTIVE INCIDENT.

Privacy 

MoldCo understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy for a description of how we may collect, use, and disclose your personal information in connection with the Platform Services.

As stated above, the Healthcare Services are provided by Third-Party Providers. To the extent MoldCo receives, maintains, or transmits protected health information on behalf of a Third-Party Provider, MoldCo will handle such information in accordance with applicable law and any applicable agreement(s) with that Third-Party Provider (which may include business associate obligations where required). The handling of your protected health information by Third-Party Providers in connection with the Healthcare Services is governed by the Health Insurance Portability and Accountability Act including regulations promulgated pursuant thereto (“HIPAA”) and any comparable, applicable state laws. For additional information, please see the applicable Notice of Privacy Practices, which may be provided via the Platform on behalf of one or more Third-Party Providers, for additional information. To the extent that MoldCo processes any HIPAA-protected health information in connection with the Platform Services, MoldCo does so for or on behalf of the applicable Third-Party Provider, and such processing is governed by HIPAA, any comparable, applicable state laws, and any applicable agreements in place with the Third-Party Provider (which may include a business associate agreement where required), as may be further addressed by the applicable Notice of Privacy Practices. MoldCo does not provide Healthcare Services and does not act as your healthcare provider. Third-Party Providers are responsible for their own HIPAA compliance and privacy practices.

Medical Group has adopted a Notice of Privacy Practices (https://www.moldco.com/notice-of-privacy-practices) that describes how Medical Group and Practitioners use and disclose Protected Health Information. By accessing or using any part of the Service in connection with Healthcare Services, you are acknowledging receipt of the Notice of Privacy Practices from Medical Group and/or Practitioner(s), as applicable.

Some information you provide may be considered “consumer health data” or otherwise sensitive personal information under certain state laws. Where applicable, MoldCo will handle such data in accordance with applicable Notice of Privacy Practices and Consumer Health Data Notices. Please review applicable Notice of Privacy Practices and Consumer Health Data Notices for details, including choices and rights available to you. 

For all aspects of the Platform Services, you should not transmit any health-related information or other sensitive information using the Platform until/unless you are (i) using the Platform to create an account, or (ii) logged in and using the Platform to access Platform Services or, where applicable, to communicate with Third-Party Providers.

Intellectual Property

The Platform includes a broad array of content and functionality. All user interfaces, software, and other information and content, or portion or combination thereof, provided and made available by or for MoldCo in connection with the Platform (“Platform Content”) are protected by copyright and/or otherwise proprietary to MoldCo or its licensors, and are for use only for individual, non-commercial purposes. Note that, except as otherwise required by law, MoldCo does not make any representations regarding the accuracy, completeness, or suitability of Platform Content. 

MoldCo’s stylized name and related graphics, logos, service marks, trademarks, and trade names used on or in connection with the Platform Services are proprietary to MoldCo and may not be used without permission, including in connection with any third-party products or services, except for permissible, non-deceptive use under applicable law. Likewise with respect to trademarks and service marks of third parties that may appear on the Platform or otherwise in connection with the Platform Services – you may not use such trademarks and service marks without permission, including in connection with any third-party products or services, except for non-deceptive use that is permitted without regard to the trademark owner’s approval under applicable law.

MoldCo retains all of its right, title and interest in and to Platform Content. You do not acquire any ownership rights in any Platform Content or other MoldCo intellectual property under these Terms or otherwise in connection with your use of the Platform Services. All rights not expressly granted to you herein are expressly reserved.

Without limiting the foregoing, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any Platform Content other than for your own personal, non-commercial purposes and/or as expressly authorized in writing by MoldCo.

Subject to and conditioned upon your compliance with these Terms, MoldCo grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and make personal use of the Platform. If you are a current Customer, you are hereby granted a limited, non-exclusive, non-sublicensable, revocable, and non-transferable right to access and make personal use of the Platform and Platform Services, which license is subject to and conditioned upon your compliance with these Terms and payment of applicable fees. 

Prohibited Use

You agree to refrain from the following in connection with any and all access to and use of the Platform Services (and, where applicable, Healthcare Services provided by Third-Party Providers): 

• using or accessing the Platform (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law;
• conducting activities that may be harmful to others or that could damage MoldCo’s reputation;
• providing false or misleading registration details or other information;
• using or facilitating the use of scrapers, robots, or other data-gathering tools;
• posting or otherwise submitting any data, materials, content or information which is libelous, defamatory, obscene, fraudulent, deceptive, or contrary to the ownership or intellectual property rights of any other person;
• interfering with security-related features of the Platform or any other aspect of the Platform Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse-engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Platform, except to the extent that such activity is permitted by applicable law notwithstanding this restriction; 
• interfering with the operation of the Platform Services or any user’s enjoyment of the Platform or other aspect of the Platform Services, including by posting any content which contains or facilitates any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, interfere or manipulate in any way, or otherwise interrupt or expropriate any aspect of the Platform, any personal or proprietary information, software, equipment, or servers, or that facilitates unauthorized access or security breaches; or
• attempting to do any of the acts described in this list, or assisting any other person in doing so. 

The foregoing prohibited uses may result in termination of your ability to access and use the Platform and/or other components of the Platform Services, as determined by MoldCo in its sole discretion, with or without notice. In addition, MoldCo may delete any information provided by you that it reasonably believes to be fraudulent, abusive, defamatory, or obscene, or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MOLDCO WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE PLATFORM SERVICES, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE PLATFORM SERVICES OR ANY PLATFORM SERVICES PERFORMED OR PRODUCTS OFFERED BY THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOLDCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, FOR ANY LIABILITY NOT DISCLAIMED BY THE PRECEDING SENTENCE, MOLDCO SHALL NOT BE LIABLE FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO US BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (b) $100; OR (c) THE STATUTORY DAMAGES PRESCRIBED BY A STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY WILL NOT APPLY TO OUR LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY OUR FRAUD OR FRAUDULENT MISREPRESENTATION. FOR CLARITY, MOLDCO IS NOT RESPONSIBLE FOR HEALTHCARE SERVICES PROVIDED BY THIRD-PARTY PROVIDERS, WHO ARE SOLELY RESPONSIBLE FOR THE CARE THEY PROVIDE.

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM SERVICES (INCLUDING ANY CONTENT) MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT MOLDCO MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITY, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold MoldCo harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Platform Services, your misuse of the Platform, your negligence, fraud, violation of law, or reckless or willful misconduct, any breach by you of these Terms or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

Termination

MoldCo may terminate these Terms and/or your ability to use the Platform Services or any of our features or services at any time and for any reason, including, without limitation, for conduct violating this Agreement or if we terminate all or part of the Platform Services. Your sole remedy as a result of any such termination shall be subject to MoldCo’s sole discretion regarding any unused portion of the Membership Fee paid to MoldCo for Platform Services as of the date of such termination.

Notwithstanding anything to the contrary, if you hold a Membership with us, then you, as a “Member” shall be subject to the termination provisions of the Membership Subscription Agreement, specially, not without limitation, Section 5 (“Renewals and Termination”).

Whether as a Member or “Non-Member”, you may have rights to a refund of any charged amounts related to any unused portion of the Lab Services or Environmental Lab Services paid to MoldCo in its role as payment facilitator, if applicable. Refunds for Lab Services provided directly by Labs are governed by the Lab’s terms.  In order to be eligible for a refund, either MoldCo or you provide notice of cancellation or termination prior to attendance or occurrence of the appointment for the Lab Services or Environmental Lab Services.  In such event, MoldCo, in its sole and good faith discretion, may refund any charges you incurred for such Lab Services or Environmental Lab Services.

In the event these Terms are terminated, whether by MoldCo or you, the provisions concerning prohibited use, intellectual property, disclaimers, limitations of liability, dispute resolution, and governing law, and other provisions which by their nature should survive, shall survive and remain applicable. You agree that if your use of the Platform Services is terminated, you will not thereafter attempt to register for or use the Platform Services under any different name, real or assumed, and you further agree that if you violate this restriction, you will defend, indemnify and hold Moldco harmless from any and all claims, damages, liability, and expenses arising with respect to your continued use of the Platform Services.

Except as otherwise provided in our Privacy Policy or as required by applicable law, Moldco shall have no obligation, whether before or after the termination of your ability to use the Platform Services, to return or otherwise provide to you or any third party on your behalf any information provided or generated concerning you except as required by applicable law or applicable agreements with Third-Party Providers. For the avoidance of doubt, the preceding sentence shall not apply to any HIPAA-protected health information that Moldco may process on behalf of a Third-Party Provider in connection with the Healthcare Services

Accessibility

We are committed to providing an accessible experience and are working toward WCAG 2.1 AA. If you encounter accessibility barriers, contact support@moldco.com.

Governing Law; Construction

Except as otherwise disclosed by any Third-Party Provider, the Platform Services are operated from the United States. Those who choose to access the Platform and/or the Platform Services from other jurisdictions do so at their own risk and are fully responsible for compliance with local laws, if and to the extent applicable. Access to the Platform Services from jurisdictions where any portion of the Platform Services is illegal or subject to foreign licensing requirements is prohibited.

The validity, interpretation, construction, and performance of these Terms shall be governed by the laws of the State of Delaware, without regard to any conflicts of law provisions.

All parts of these Terms apply to the maximum extent permitted by law. Our failure to enforce any provision of these Terms will not constitute a waiver of such right. If any provision of these Terms is not enforceable as written, then that provision shall be deemed to have been replaced with terms that most closely match the intent of the unenforceable provision but that are enforceable by law. The invalidity of a given provision under these Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

We believe that most concerns or potential disputes you may have with MoldCo or the Platform Services, or otherwise under these Terms, can be resolved by communicating with us at support@moldco.com, and you agree to so communicate with us for up to forty-five (45) days during which the parties shall make good faith efforts to resolve any such concerns or potential disputes prior to initiating litigation.  Within such forty-five day period, you and MoldCo will hold at least one telephone or video conference, at which your and/or our legal counsel may be present, to discuss resolution of your concern.  If we cannot resolve your dispute during the forty-five (45) day period, you agree that any dispute, claim, or disagreement arising out of or relating to Platform Services, these Terms, or your relationship with MoldCo in connection with the Platform Services or your relationship with us, including claims that arose before the existence of this or any prior agreement (including claims related to advertising) or claims that may arise after the termination of these Terms, shall be resolved by a court proceeding without a jury, which means you are waiving your right to a jury trial. Disputes relating to Healthcare Services must be addressed with the applicable Third-Party Provider under that provider’s terms.

You agree to pursue litigation as set forth in the preceding paragraph only on an individual basis, and you agree that you will not pursue any such litigation as a representative, class member, or in a private attorney general capacity.

BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ARE WAIVING YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION AND TO HAVE A JURY TRIAL.

Miscellaneous Provisions

Force Majeure

Notwithstanding anything herein to the contrary, neither party shall be liable for any losses arising out of the delay or interruption of its performance of any obligations due to any act of God, nation-state attack or other act of public enemy, war, riot, flood, civil commotion, insurrection, Internet service outage, severe weather conditions, or any other cause beyond its reasonable control.

Entire Agreement

These Terms and any other written agreements that you and MoldCo may execute from time to time constitute the entire agreement between MoldCo and you in connection with your use of the Platform Services only, and these Terms supersede any prior agreements between MoldCo and you regarding use of such Platform Services, including prior versions of these Terms. Healthcare Services are governed by separate agreements between you and Third-Party Providers.

Assignment

You may not assign any of your rights under these Terms, and any such attempt will be null and void. MoldCo may, in its sole discretion, assign or transfer, without further consent or notification, these Terms and any or all of its contractual rights and obligations pursuant to these Terms, in whole or in part, to any affiliate of MoldCo or to a third party in the event that some or all of the business of MoldCo is transferred to such other third party by way of merger, asset sale, or otherwise.

Contact information

If you have any questions or concerns about these Terms, please contact support@moldco.com. We will attempt to respond to your questions or concerns promptly after receipt.