Terms & Conditions

SexyMD Terms and Conditions

Last Updated: July 7, 2026

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE ACCESSING OR USING THE SITE OR THE SERVICES.

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SERVICES.

THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY-TRIAL WAIVER (SECTION 25). PLEASE READ SECTION 25 CAREFULLY. YOU HAVE A LIMITED RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT WITHIN 30 DAYS, AS DESCRIBED IN SECTION 25.

THE SERVICES ARE NOT FOR MEDICAL EMERGENCIES OR MENTAL-HEALTH CRISES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, INCLUDING CHEST PAIN, A PROLONGED ERECTION (LASTING MORE THAN FOUR HOURS), SEVERE ALLERGIC REACTION, SUICIDAL IDEATION, OR ANY OTHER URGENT MEDICAL CONDITION, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY. DO NOT USE THE SERVICES FOR EMERGENCY CARE.

1. Introduction and Acceptance of Terms

These Terms are an agreement between you and SexyMD LLC, a Nevada limited liability company, on behalf of itself and its parents, subsidiaries, and affiliates (collectively, “SexyMD,” “Company,” “we,” “us,” or “our”). These Terms govern your access to and use of our website at www.sexymd.com, our mobile applications, and any related online services we provide (collectively, the “Site”), as well as the products, programs, treatments, memberships, and information we make available through the Site (collectively with the Site, the “Services”).

By accessing or using the Services, clicking any button or check-box indicating your acceptance of these Terms, creating an account, or submitting information to us, you agree to be legally bound by these Terms as if you had signed them. If you are entering into these Terms on behalf of another person—including as that person’s authorized agent—you represent and warrant that you have the legal authority to bind that person to these Terms, and the references to “you” and “your” in these Terms apply both to you and to the person on whose behalf you are acting.

We may, from time to time, provide additional or different terms that apply to specific Services, programs, promotions, or features (“Additional Terms”). Any Additional Terms are incorporated into these Terms by reference. If there is a conflict between these Terms and any Additional Terms, the Additional Terms will control with respect to the specific Service to which they apply.

2. Eligibility and Availability

The Services are offered in the United States and are intended for use only by individuals located in the United States. SexyMD aims to make the Services available in all fifty (50) states and the District of Columbia; however, availability of specific medications, programs, or providers may vary by state based on applicable state and federal laws, medical-board rules, and the licensing of our partnered pharmacies in each state. Certain Services may not be available where you live.

You may only access or use the Services and request products through the Services if all of the following are true: (a) you are at least eighteen (18) years of age; (b) you are physically located in a U.S. state, territory, or the District of Columbia where the requested Services are available; (c) you have the legal capacity to enter into a binding contract; and (d) you have not previously been suspended or removed from the Services.

By accessing or using the Services, you represent and warrant that each of the foregoing statements is true and accurate. We may, at any time and in our sole discretion, refuse to provide, suspend, or terminate the Services to any person for any lawful reason, including suspected ineligibility.

3. Your Relationship with SexyMD; SexyMD Is Not a Medical Provider

SexyMD is a technology and administrative-services company. SexyMD does not itself practice medicine, pharmacy, or any other licensed healthcare profession, does not employ the healthcare providers who may evaluate you or prescribe medications through the Services, and does not direct or control the clinical judgment of any healthcare provider.

Clinical services accessed through the Site—including medical evaluation, diagnosis, treatment recommendations, prescribing, and ongoing clinical care—are provided solely by licensed healthcare providers who are employed by, contracted with, or otherwise affiliated with one or more independent professional entities, including WizDoc LLC, Jonathan Larson, MD, P.C. (each, a “Professional Entity,” and collectively, the “Professional Entities”). SexyMD is independent from the Professional Entities and is not responsible for the acts, omissions, or communications of the Professional Entities or their healthcare providers.

Your interaction with the Site does not, by itself, create a provider-patient relationship between you and SexyMD. A provider-patient relationship, if any, is established only between you and a licensed healthcare provider affiliated with a Professional Entity, and only after that provider has reviewed your information and accepted you as a patient. The information available on the Site is for general informational purposes only and is not intended to replace or supplant any existing provider-patient relationship you may have with your own physician or other qualified healthcare provider.

SexyMD does not guarantee that any provider will issue you a prescription, recommend a particular treatment, or accept you as a patient. Treatment decisions are made solely by the licensed healthcare provider based on the information you provide and the provider’s independent clinical judgment.

4. Telehealth Services and Consent to Telehealth

Telehealth (also referred to as “telemedicine”) involves the delivery of healthcare services using electronic communications, information technology, or other means between a healthcare provider and a patient who are not in the same physical location. Through the Services, telehealth may include: electronic transmission of medical records, photo images, personal health information, intake questionnaires, lab or biometric data, and similar information; interactions between you and a healthcare provider via secure messaging, audio, video, or other electronic communications; and the use of output data from connected health devices.

Depending on your state of residence and the specific Service, your initial visit may be synchronous (real-time video or telephone) or asynchronous (questionnaire-based, store-and-forward review). Subsequent visits, including refill requests and program check-ins, may occur asynchronously where permitted by applicable law and where the provider determines, in their clinical judgment, that an asynchronous visit is appropriate.

You will be asked to review and acknowledge a separate Informed Consent to Telehealth and any state-specific consents required by applicable law. Those consent documents are incorporated by reference into these Terms. By using the telehealth-enabled Services, you confirm that you have read, understood, and agreed to the applicable consents.

Telehealth has limitations. A telehealth provider may not be able to perform a complete physical exam, may not have access to your complete medical history, and may be unable to diagnose or treat certain conditions remotely. You agree to provide complete, accurate, and current information about your medical history, current medications, allergies, and symptoms, and to promptly notify the provider of any changes.

Non-emergency provider messages submitted through the Services will generally be reviewed within two (2) business days, Monday through Friday, excluding U.S. federal holidays. The Services are not designed to provide 24/7 on-call coverage. For any medical emergency, see the all-caps notice at the top of these Terms.

5. The Services: Products, Programs, and Treatment Categories

Through the Site, SexyMD provides access to a range of telehealth programs and related products. Programs currently offered include, without limitation, the categories described below. Specific products, formulations, dosages, and pricing within each category may change at any time without notice, and availability is subject to provider eligibility determinations and state-by-state regulatory requirements.

5.1 Weight Management and GLP-1 Programs

Our weight management programs may include access to providers who evaluate eligibility for weight-loss treatment, including treatment with glucagon-like peptide-1 (GLP-1) and dual-agonist medications such as semaglutide or tirzepatide. Depending on availability and provider determination, prescriptions may be filled with FDA-approved branded medications or with compounded medications dispensed by U.S.-licensed 503A or 503B compounding pharmacies.

You acknowledge that compounded medications are not FDA-approved finished drug products. Compounded medications may be prescribed and dispensed in accordance with applicable federal and state law, including during periods of FDA-declared drug shortages or based on a provider’s clinical determination that a compounded formulation is medically appropriate for you. Compounded medications may differ in strength, formulation, or excipients from their branded equivalents.

Individual results vary. SexyMD does not guarantee any specific amount or rate of weight loss, body-composition change, or other clinical outcome. Weight-loss medications are intended to be used in combination with a reduced-calorie diet, physical activity, and provider-directed lifestyle changes.

Patient Weight-Loss Bill of Rights (Florida). The following notice is provided pursuant to Florida Statute § 501.0575 to Florida residents enrolled in a weight-loss program:

WARNING: RAPID WEIGHT LOSS MAY CAUSE SERIOUS HEALTH PROBLEMS. RAPID WEIGHT LOSS IS WEIGHT LOSS OF MORE THAN ONE AND ONE-HALF (1½) POUNDS TO TWO (2) POUNDS PER WEEK OR WEIGHT LOSS OF MORE THAN ONE (1) PERCENT OF BODY WEIGHT PER WEEK AFTER THE SECOND WEEK OF PARTICIPATION IN A WEIGHT-LOSS PROGRAM.

CONSULT YOUR PERSONAL PHYSICIAN BEFORE STARTING ANY WEIGHT-LOSS PROGRAM. ONLY PERMANENT LIFESTYLE CHANGES, SUCH AS MAKING HEALTHFUL FOOD CHOICES AND INCREASING PHYSICAL ACTIVITY, PROMOTE LONG-TERM WEIGHT LOSS. QUALIFICATIONS OF SEXYMD CLINICIANS ARE AVAILABLE UPON REQUEST.

YOU HAVE A RIGHT TO:

Ask questions about the potential health risks of this program and its nutritional content, psychological support, and educational components;
Receive an itemized statement of the actual or estimated price of the weight-loss program, including extra products, services, supplements, examinations, and laboratory tests;
Know the actual or estimated duration of the program; and
Know the name, address, and qualifications of the dietitian, nutritionist, or clinician who has reviewed and approved the weight-loss program.

5.2 Sexual Health and Erectile Dysfunction Programs

Our sexual-health programs may include evaluation for and, where clinically appropriate, prescribing of phosphodiesterase type 5 (PDE5) inhibitors such as sildenafil and tadalafil, and other treatments for sexual-health concerns. Sexual-health symptoms may indicate or coexist with serious underlying conditions, including cardiovascular disease, hypertension, diabetes, or hormonal disorders, and you agree to disclose all relevant medical history, medications, and symptoms during your consultation.

Certain treatments are contraindicated with nitrates, certain blood-pressure medications, or in patients with specific cardiovascular conditions. You agree not to take any medication prescribed through the Services in combination with any contraindicated medication, and to seek immediate emergency care for symptoms including, without limitation, chest pain, sudden vision or hearing loss, or an erection lasting more than four (4) hours.

5.3 Hair, Skin, and General Wellness Programs

Our hair, skin, and general wellness programs may include evaluation for and, where clinically appropriate, prescribing of products such as finasteride, minoxidil, topical and oral dermatology treatments, and other wellness-related medications and supplements. Some of these products may be available as compounded preparations. You acknowledge that hair-regrowth, skin-clearance, and other cosmetic or wellness outcomes vary by individual and that no specific outcome is guaranteed.

5.4 No Guarantee of Eligibility, Prescription, or Outcome

Provider acceptance, eligibility for any program, prescription of any product, dosing decisions, treatment changes, and discontinuation of treatment are determined solely by the licensed healthcare provider in their independent clinical judgment. SexyMD makes no representation or warranty that any program will be appropriate for you, that any product will be prescribed, that any product will remain available, or that any particular clinical or cosmetic outcome will be achieved.

6. Pharmacy, Fulfillment, and Shipping

SexyMD partners with U.S.-based 503A pharmacies (licensed and regulated by the applicable state boards of pharmacy) and 503B outsourcing facilities (registered with and regulated by the U.S. Food and Drug Administration) (collectively, the “Pharmacy Network”). All Pharmacy Network partners operate under applicable state and federal law.

Prescriptions issued by a provider through the Services may be routed to any pharmacy within the Pharmacy Network, and prescriptions may be transferred among Pharmacy Network partners without further notice to you. The selection of the dispensing pharmacy is made based on factors including, but not limited to, product availability, the dispensing pharmacy’s state licensure, shipping logistics, and clinical considerations.

You acknowledge and agree that prescription medications dispensed through the Pharmacy Network will not be shipped in child-resistant packaging, and you agree to store all medications safely and securely out of the reach of children, pets, and other unauthorized persons.

Standard shipping timeframes are typically two (2) to five (5) business days from the date the prescription is approved by your provider; this estimate excludes the time required for provider review, pharmacy production (including any required compounding lead time), order verification, weekends, holidays, and carrier delays. Shipping timeframes are estimates only and are not guaranteed. For subscription-based programs, shipment may occur up to ten (10) days in advance of the next scheduled bill date to prevent gaps in therapy.

If you authorize delivery without a signature, you accept the risk of loss upon delivery. You agree to inspect each shipment promptly upon receipt and, in the case of items damaged in transit (including, without limitation, broken vials, leakage, or temperature-excursion concerns), to notify SexyMD customer support and submit photographs documenting the damage within twenty-four (24) to forty-eight (48) hours of delivery. Reports of damage submitted after that window may not be eligible for a replacement under Section 8.

7. Memberships, Subscriptions, and Auto-Renewal

Certain Services are sold as ongoing memberships or recurring subscriptions (each, a “Membership”). The applicable Membership term, price, and billing cadence will be displayed to you at the time of purchase and again in your account dashboard. By enrolling in a Membership, you authorize SexyMD (and its payment processors) to charge your payment method on file on a recurring basis at the displayed price and frequency, until you cancel as described in Section 8.

YOU WILL BE AUTOMATICALLY CHARGED THE APPLICABLE MEMBERSHIP FEE AT EACH RENEWAL EVEN IF YOU DO NOT USE THE SERVICES DURING A GIVEN BILLING PERIOD. PRICES, PROGRAM FEATURES, AND PRODUCT AVAILABILITY MAY CHANGE OVER TIME, AND CONTINUED USE OF THE SERVICES AFTER ANY CHANGE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGE.

We may attempt to process declined or rejected charges multiple times during the thirty (30) days following the original charge attempt. Failure to maintain a valid payment method may result in suspension or termination of your Membership, suspension of refill shipments, and forfeiture of program benefits.

8. Fees, Billing, Orders, Cancellation, Refunds, and Replacements

8.1 Pricing, Taxes, and Accepted Payment Methods

All prices are stated in U.S. dollars and are exclusive of applicable sales, use, and similar taxes, which will be added where required by law. SexyMD reserves the right to correct pricing errors and to refuse or cancel any order placed on the basis of a clearly erroneous price.

Accepted payment methods generally include major credit and debit cards, Apple Pay, Google Pay, and—at SexyMD’s discretion—HSA and FSA cards used as a payment instrument. SexyMD also offers installment-payment options through third-party financing partners, currently including Affirm, Klarna, and Afterpay. Use of any third-party financing option is subject to the financing partner’s own terms, eligibility requirements, credit checks, and fees, which are not controlled by SexyMD. SexyMD is not a party to your financing agreement with any installment-payment provider, and SexyMD is not responsible for any dispute between you and any such provider, including disputes regarding billing, interest, fees, late payments, or collection. By selecting a third-party financing option at checkout, you agree to be bound by the financing partner’s terms.

Use of an HSA or FSA card to pay for the Services does not by itself establish that the Services are an eligible medical expense under your HSA or FSA plan. You are solely responsible for confirming the eligibility of any expense with your HSA or FSA plan administrator, and for any tax, penalty, or other consequence of using HSA or FSA funds for ineligible expenses. SexyMD will not submit any claim, code, eligibility determination, or substantiation on your behalf to any HSA, FSA, or other plan administrator.

8.2 All Orders Are Final Once Submitted

Because clinical review and pharmacy fulfillment begin promptly after you submit an order, all orders submitted through the Services are final at the time of submission and may not be cancelled, modified, or refunded after submission, except in the limited circumstances described in Sections 8.3 through 8.6 below. You acknowledge that, by submitting an order, medical review begins immediately, providers may evaluate and approve the order within a short window, and the dispensing pharmacy may begin production and fulfillment shortly thereafter.

8.3 Pre-Review Cancellation and Failure-to-Fulfill Refunds

Notwithstanding Section 8.2, SexyMD will, in its sole discretion, cancel an order and not charge you, or refund you in full if you have already been charged, in either of the following situations:

Pre-review cancellation. You contact SexyMD customer support to request cancellation before a provider has begun clinical review of your order, and we receive your request before the provider review begins. Because review typically begins promptly, customers wishing to cancel must contact support immediately after order submission; cancellation requests received after provider review has begun will not be honored except as set forth in Section 8.3(b);
Order cannot be fulfilled. The order cannot be fulfilled because (i) your provider declines to approve the order or determines that you are not a clinically appropriate candidate for the requested treatment; (ii) the requested product is unavailable from the Pharmacy Network and no alternative product is accepted by you; or (iii) the order otherwise cannot be filled.

If your provider recommends an alternative treatment plan and you decline it, your fee for that order will be refunded; if you accept the alternative treatment plan, your fee will be applied to the alternative order.

8.4 Shipping-Delay Refund Eligibility

If your order has been approved by a provider and has not shipped within seven (7) business days after the date of provider approval, you may be eligible for a refund of the affected order on request to customer support, except where the delay is caused by (a) incorrect or incomplete shipping or contact information provided by you, (b) failure on your part to respond to a pharmacy or provider request for required information, (c) a force-majeure event described in Section 29.8, or (d) the medication is a compounded preparation requiring extended production lead time that was disclosed to you at checkout.

8.5 Replacements

8.5(a) Pharmacy Error. If a shipment contains a pharmacy fulfillment error—including the wrong medication, the wrong dosage or strength, or missing items—SexyMD will, on confirmation, arrange a replacement at no additional cost. A refund will be issued only if a replacement is not possible.

8.5(b) Damaged in Transit. If items in a shipment are damaged in transit (including broken vials, leakage, or apparent temperature-excursion concerns), you must report the damage to customer support and submit photographs documenting the damage within twenty-four (24) to forty-eight (48) hours of delivery. On confirmation, SexyMD will arrange a replacement of the affected items.

8.5(c) Vial-Replacement Claim Escalation. To preserve the integrity of the replacement program and to safeguard against repeat claims, vial-replacement claims are escalated as follows: a first eligible claim will result in replacement; a second eligible claim within a rolling twelve-month period will trigger an internal investigation, which may include requests for additional documentation; a third claim within a rolling twelve-month period will be denied except where SexyMD determines, in its sole discretion, that exceptional circumstances exist.

8.6 Lost or Undelivered Packages

Risk of loss for any product passes to you upon the carrier’s confirmation of delivery to the address you provided. Reports of non-delivery received after the carrier has marked an order delivered will be reviewed on a case-by-case basis and resolved in SexyMD’s reasonable discretion. SexyMD is not liable for losses caused by inaccurate, incomplete, or outdated shipping information you provide, theft from your delivery location, or your failure to retrieve a package after delivery.

8.7 Situations Not Eligible for Refund or Replacement

Without limiting the foregoing, the following circumstances are not eligible for any refund or no-cost replacement, although SexyMD may, in its sole discretion, offer non-financial support such as provider follow-up, dosing guidance, or supplemental education:

A vial or product dropped, damaged, contaminated, or lost after delivery to your address;
Damage, spoilage, or loss of potency caused by improper storage, including failure to refrigerate as instructed;
Change of mind or decision not to use the product after delivery;
Failure to read or follow dosing instructions, product labeling, provider instructions, or program expectations;
Mild or expected side effects, partial or slower-than-anticipated clinical response, or general dissatisfaction with results; and
Any other circumstance that is, in SexyMD’s reasonable discretion, the result of customer error, customer fault, or change of preference rather than a fulfillment defect or transit damage.

8.8 Subscription Cancellation Going Forward

For ongoing Memberships described in Section 7, you may cancel your Membership at any time through your account dashboard or by contacting customer support at hello@sexymd.com. To prevent the next renewal charge or scheduled fulfillment, you must complete cancellation at least forty-eight (48) hours before the next scheduled renewal date. Cancellation will take effect at the end of your then-current billing period, and you will continue to have access to the applicable Services until that date, except where law or safety requires earlier termination. Cancellation of a Membership does not, by itself, cancel an order already submitted; orders are governed by this Section 8.

8.9 Duplicate Orders

To protect against unintended overordering, prescription stockpiling, and diversion, SexyMD reserves the right, in its sole discretion, to refuse, consolidate, hold, or cancel duplicate or substantially overlapping orders submitted by the same patient (including orders submitted under different accounts, email addresses, payment methods, or shipping addresses that SexyMD reasonably believes are associated with the same patient). SexyMD will, where reasonably feasible, contact you to confirm intent before cancelling, but is not obligated to do so.

8.10 No Warranty of Continued Availability

SexyMD does not warrant that any specific program, product, formulation, dosage, price, or provider will remain available. Programs and products may be modified, suspended, or discontinued at any time, including in response to changes in product supply, regulatory determinations, drug-shortage status, or clinical considerations. Continued enrollment in a Membership constitutes your consent to receive any clinically appropriate substitute product or formulation that your provider recommends.

9. No Insurance; Cash-Pay Only

Services purchased through SexyMD are not eligible for billing to, or reimbursement from, any health insurance plan, pharmacy benefit manager, or government healthcare program (including Medicare, Medicaid, TRICARE, or the Veterans Health Administration). By using the Services, you represent and agree that:

You are paying for the Services and any products in cash (or by debit or credit card) on a self-pay, out-of-pocket basis;
You will not submit, and will not authorize any third party to submit, any claim for reimbursement of the Services or any products to any insurer, plan, or government program;
You will not count amounts paid for the Services or products toward any insurance deductible, out-of-pocket maximum, true-out-of-pocket (TrOOP) total, flexible-spending account, or health-savings account, except to the extent expressly permitted by the administrator of such account and applicable law; and
If you are a Medicare or Medicaid beneficiary, you understand that the Services and products are not covered by your federal program and that no claim will be submitted on your behalf to such program.

10. Patient Certifications and Anti-Diversion

By accepting these Terms and by purchasing any product through the Services, you represent, warrant, and certify each of the following, on each occasion that you place an order:

You are the individual for whom the product has been prescribed, and you are purchasing the product solely for your own personal use;
You will not sell, resell, repackage, reformulate, trade, barter, gift, donate, export, or otherwise distribute the product to any other person;
You will use the product only as directed by your provider and in accordance with the product labeling;
You will store all medications safely and securely and will not allow access by minors or any other unauthorized persons;
All information you provide during intake, consultation, and refill processes is true, accurate, and complete to the best of your knowledge; and
You will promptly notify your provider of any new diagnosis, new medication, side effect, adverse reaction, pregnancy or plan to become pregnant, hospitalization, or other material change in your health status.

Controlled Substance Certifications

If you are prescribed, dispensed, shipped, or otherwise receive a controlled substance through or in connection with the Services, including testosterone or any other Schedule II–V controlled substance, you further acknowledge, represent, warrant, and agree that:

Controlled substances are subject to additional federal and state laws, regulations, prescribing standards, dispensing restrictions, refill limits, identity-verification requirements, and anti-diversion controls;

You will provide complete and accurate information regarding your current and prior prescriptions, pharmacies, treating providers, controlled substance use, substance use history, medical history, and any other information requested by your provider, pharmacy, or the Services;

You will not seek or obtain the same or similar controlled substance from multiple providers, pharmacies, clinics, online platforms, or other sources without fully disclosing that information to your provider;

You authorize your provider, pharmacy, and their authorized agents, where permitted by law, to verify your identity, review prescription history, check applicable prescription drug monitoring programs or prescription monitoring programs, and take other steps reasonably necessary to confirm medical appropriateness, legal compliance, and patient safety;

You understand that prescription drug monitoring programs are state-level databases that track controlled substance prescriptions and may be used by providers, pharmacies, regulators, and other authorized users in accordance with applicable law;

You understand that a provider may decline to prescribe, refill, or continue any controlled substance if the provider determines that the medication is not clinically appropriate, cannot be lawfully prescribed, presents a safety concern, presents a diversion risk, or requires additional evaluation;

You understand that controlled substance prescriptions may require additional steps, including identity verification, laboratory testing, medical record review, synchronous audio-video consultation, in-person examination, electronic prescribing, signature upon delivery, or other state-specific or medication-specific requirements;

You agree not to divert, misuse, overuse, sell, transfer, share, or otherwise improperly handle any controlled substance prescribed or dispensed to you;

You understand that early refills, replacement prescriptions, dosage changes, pharmacy changes, lost medication, stolen medication, travel supplies, and refill timing may be limited or prohibited by law, pharmacy policy, provider judgment, or clinical safety standards; and

You understand that suspected fraud, diversion, misuse, identity misrepresentation, or unlawful activity may result in termination of access to the Services, cancellation of orders, denial of refills, notice to providers or pharmacies, and, where required or permitted by law, reporting to appropriate authorities.

11. Medical Disclaimers and Emergencies

THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR EMERGENCY CARE OR FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT FROM A PROVIDER WHO HAS EXAMINED YOU IN PERSON. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.

Content available on the Site, including blog posts, FAQs, educational materials, and information generated through intake forms, is provided for general informational and educational purposes only, is not personalized medical advice, and is not a substitute for evaluation by a licensed healthcare provider. Never disregard, avoid, or delay obtaining medical advice from a qualified healthcare provider because of information you have read on the Site.

If you think you may have a medical emergency, including but not limited to chest pain, shortness of breath, severe abdominal pain, signs of stroke, an allergic reaction, suicidal thoughts, an erection lasting more than four (4) hours, or any other urgent or life-threatening condition, call 911 or your local emergency number and go to the nearest emergency department immediately. Do not use the Services for emergency or crisis care.

12. Account Registration and Account Security

To use most Services, you must register for an account. You agree to provide true, accurate, current, and complete information about yourself during registration and intake, and to promptly update that information whenever it changes. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You agree to notify SexyMD immediately at hello@sexymd.com of any actual or suspected unauthorized access to your account or any actual or suspected breach of security. SexyMD is not liable for losses arising from your failure to maintain the security of your credentials.

You may not create an account on behalf of another person without that person’s explicit authorization, create more than one account for yourself, or transfer or assign your account to any other person. SexyMD may suspend or terminate any account that violates these Terms.

13. Privacy and Protected Health Information

Your privacy is important to us. SexyMD’s collection, use, and disclosure of personal information through the Site is governed by our Privacy Policy and, where applicable, our Notice of Privacy Practices, each of which is available on the Site and incorporated into these Terms by reference. Information you submit to a Professional Entity or its providers is handled in accordance with the Professional Entity’s Notice of Privacy Practices under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and other applicable laws.

14. Electronic Communications, Text Messages, and Email

By creating an account or providing your phone number or email address to SexyMD, you consent to receive electronic communications from SexyMD, the Professional Entities, and their respective providers and service providers, including transactional, clinical, account, billing, shipping, refill, and (with separate consent where required) marketing communications, by email, SMS/MMS text message, push notification, or telephone call.

Message and data rates may apply. Message frequency may vary. You may opt out of marketing text messages at any time by replying STOP to any marketing message, and you may opt out of marketing emails using the unsubscribe link in any marketing email. You may continue to receive transactional and clinical communications even after opting out of marketing communications, because those communications are necessary for the operation of the Services.

You agree that all agreements, notices, disclosures, and other communications that SexyMD provides to you electronically satisfy any legal requirement that those communications be in writing. You may withdraw consent to receive electronic communications by closing your account, but doing so will end your access to the Services.

14.1 Artificial Intelligence Tools

SexyMD may, from time to time, use artificial-intelligence tools, including generative AI and machine-learning systems, to support non-clinical operations such as customer-support triage, drafting messages for human review, account assistance, intake-data summarization, and personalization. You will be informed when you are directly interacting with an AI-supported chatbot, agent, or similar communication channel where required by applicable law. SexyMD does not use AI to make clinical decisions. All clinical decisions, prescribing decisions, and clinical messages are made or reviewed by a qualified, licensed healthcare provider through a Professional Entity. AI tools are provided on an “as is” basis and may produce occasional errors; you should not rely on AI-generated content as medical advice.

15. User Content and License to SexyMD

You may submit content to the Services, including photographs, written messages, reviews, testimonials, intake responses, biometric inputs, and other materials (collectively, “User Content”). You retain ownership of your User Content, but you grant SexyMD and its affiliates and service providers a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly display, publicly perform, and distribute your User Content for the purposes of operating, improving, and promoting the Services, subject to our Privacy Policy and applicable law.

You represent and warrant that you own or have all necessary rights to your User Content, that your User Content does not violate any law or the rights of any third party, and that all factual statements in your User Content are accurate. You are solely responsible for your User Content.

16. Intellectual Property

The Site and the Services, including all software, text, graphics, photographs, videos, designs, logos, marks, layouts, compilations, and other materials made available through the Services (collectively, “Company Content”), are owned by or licensed to SexyMD and are protected by U.S. and international copyright, trademark, trade-dress, patent, trade-secret, and other intellectual-property laws. “SexyMD” and related names, logos, and slogans are trademarks of SexyMD LLC.

Subject to your compliance with these Terms, SexyMD grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and the Company Content solely for your personal, non-commercial use of the Services. You may not copy, modify, distribute, sell, lease, reverse-engineer, decompile, or create derivative works of any Company Content, and you may not use any Company Content in connection with any commercial purpose, except as expressly permitted by SexyMD in writing.

17. Prohibited Conduct

In addition to other obligations in these Terms, you agree not to, and not to allow any third party to:

Use the Services for any unlawful purpose, in violation of any law, or to facilitate or promote any illegal activity;
Provide false, inaccurate, or misleading information to SexyMD or to any provider, including in any intake form or refill request;
Impersonate any person or misrepresent your relationship with any person or entity;
Obtain, attempt to obtain, or use any prescription medication for any person other than yourself or for any non-medical purpose;
Resell, redistribute, divert, export, or otherwise traffic in any product purchased through the Services;
Submit any claim for reimbursement to any insurer or government program for any Service or product;
Attempt to gain unauthorized access to the Services, any account, or any system or network connected to the Services;
Introduce viruses, malware, scrapers, bots, or other harmful or unauthorized code to the Services;
Reverse-engineer, decompile, or disassemble any portion of the Services, except to the extent expressly permitted by applicable law;
Use the Services to harass, threaten, or harm any other person, including SexyMD personnel or providers; or
Interfere with or disrupt the integrity or performance of the Services or the data they contain.

18. Third-Party Links and Services

The Services may contain links to or interoperate with third-party websites, applications, products, or services that are not owned or controlled by SexyMD. SexyMD does not endorse, sponsor, or assume responsibility for any third-party site, application, or service. Your use of any third-party site, application, or service is at your own risk and subject to that third party’s terms and policies.

19. Copyright Complaints (DMCA)

SexyMD respects the intellectual-property rights of others. If you believe that material on the Site infringes your copyright, please send a notice to our designated agent under the Digital Millennium Copyright Act (“DMCA”) containing the information required by 17 U.S.C. § 512(c)(3), to: SexyMD LLC, Attn: DMCA Agent, 5725 S Valley View Blvd, Suite 7, Las Vegas, NV 89118, legal@sexymd.com. Submitting a knowingly false notice may subject you to liability.

20. Disclaimer of Warranties

THE SERVICES, THE SITE, AND ALL CONTENT, PRODUCTS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SEXYMD, ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

SEXYMD DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT ANY ERRORS WILL BE CORRECTED; OR THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR ACHIEVE ANY PARTICULAR HEALTH, COSMETIC, OR OTHER OUTCOME. SEXYMD IS NOT RESPONSIBLE FOR THE CLINICAL JUDGMENT, ACTS, OR OMISSIONS OF ANY HEALTHCARE PROVIDER OR PROFESSIONAL ENTITY.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

21. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SEXYMD, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, EVEN IF SEXYMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF SEXYMD AND ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES (WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE) WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100), OR (B) THE TOTAL AMOUNTS PAID BY YOU TO SEXYMD UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms limits any liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, or fraud.

Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above limitations may not apply to you. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

22. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless SexyMD, its affiliates, and their respective officers, directors, employees, agents, licensors, suppliers, and service providers from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your access to or use of the Services; (b) any User Content you submit; (c) your violation of these Terms; (d) your violation of any law or the rights of any third party; or (e) any misrepresentation made by you. SexyMD reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense.

23. Suspension and Termination

You may stop using the Services at any time and may close your account by contacting customer support. SexyMD may suspend or terminate your account or your access to all or any part of the Services at any time, with or without notice, including for any actual or suspected violation of these Terms, for risk-management reasons, for non-payment, or in response to a request from a Professional Entity or provider. Upon termination, all rights granted to you under these Terms will end, but Sections 8, 9, 10, 13, 15, 16, 19, 20, 21, 22, 25, 26, and 28 will survive.

24. Modifications to the Terms or the Services

We may modify these Terms at any time by posting an updated version on the Site. The “Last Updated” date at the top of these Terms indicates when these Terms were last revised. Material changes will be communicated to you, where required by law, by email or by a conspicuous notice on the Site. Your continued use of the Services after any changes constitutes your acceptance of the revised Terms. If you do not agree to any change, your sole remedy is to stop using the Services and to cancel any Memberships in accordance with Section 8.

We may add to, change, suspend, or discontinue any aspect of the Services at any time, including content, features, programs, pricing, products, formulations, and availability.

25. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION 25 CAREFULLY. IT REQUIRES YOU AND SEXYMD TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL, BINDING ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS AS DESCRIBED BELOW.

25.1 Informal Dispute Resolution (Required First Step)

Before initiating any arbitration or other formal proceeding, you and SexyMD agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) informally for at least sixty (60) days. To begin the informal process, the party raising the Dispute must send a written notice to the other party that describes the nature of the Dispute, the specific facts giving rise to it, and the relief sought. Notices to SexyMD must be sent to: SexyMD LLC, Attn: Legal – Dispute Notice, 5725 S Valley View Blvd, Suite 7, Las Vegas, NV 89118, and to legal@sexymd.com. The 60-day period is a precondition to either party initiating arbitration; any limitations period is tolled during this period.

25.2 Binding Individual Arbitration

If the Dispute is not resolved through informal negotiation, you and SexyMD agree that any Dispute will be resolved by final and binding individual arbitration administered by JAMS under its then-current Consumer Arbitration Minimum Standards and applicable rules (available at www.jamsadr.com). The arbitration will be conducted by a single, neutral arbitrator. The arbitration will be conducted in English. The arbitration may be conducted by documents only if the amount in controversy does not exceed ten thousand U.S. dollars ($10,000). The arbitrator’s award is final and may be entered in any court of competent jurisdiction.

The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this Section 25. The arbitrator has exclusive authority to resolve all threshold issues regarding the existence, scope, applicability, interpretation, formation, and enforceability of this arbitration agreement, except that a court has exclusive authority to decide the enforceability of the class-action waiver in Section 25.4.

25.3 Location and Costs

The seat of arbitration will be Clark County, Nevada, but in-person hearings (if any) will be held in the U.S. county in which you reside unless you and SexyMD agree otherwise. Each party bears its own attorneys’ fees and costs except to the extent applicable law or the arbitrator’s award provides otherwise. SexyMD will pay arbitration administrative and arbitrator fees to the extent required by the JAMS Consumer Minimum Standards or applicable law.

25.4 Class Action and Jury Trial Waivers

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND SEXYMD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, MASS, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND SEXYMD EACH WAIVE THE RIGHT TO A TRIAL BY JURY. IF THIS CLASS-ACTION WAIVER IS HELD UNENFORCEABLE, THE ENTIRETY OF THIS SECTION 25 SHALL BE NULL AND VOID, BUT THE REST OF THESE TERMS WILL REMAIN IN EFFECT.

25.5 Mass-Filing Procedures

If twenty-five (25) or more individual demands of a substantially similar nature are filed by or with the assistance of the same law firm or coordinated group of law firms against SexyMD within a sixty (60) day period (a “Mass Filing”), the parties agree that the demands will be administered by JAMS in staged batches. The first batch of up to fifty (50) demands will proceed to arbitration; subsequent batches will be stayed pending the outcome of the prior batch. The parties will participate in a single mediation between batches. The arbitrator is empowered to grant relief on this provision.

25.6 Exceptions

Notwithstanding the foregoing, either party may: (a) bring an individual action in small-claims court in a court of competent jurisdiction in the United States, so long as the action remains in that court and proceeds on an individual basis; (b) seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual-property rights; and (c) file suit in court to compel arbitration.

25.7 30-Day Right to Opt Out

You may opt out of this Section 25 by sending a written notice of opt-out to legal@sexymd.com within thirty (30) days after the first date on which you accept these Terms (or any amended version that materially changes this Section 25). Your notice must include your full name, mailing address, account email, and a clear statement that you wish to opt out of the arbitration agreement. Opting out will not affect any other provision of these Terms.

25.8 Severability of Arbitration Provisions

If any portion of this Section 25 (other than the class-action waiver in Section 25.4) is held unenforceable, the unenforceable portion will be severed and the remainder of Section 25 will remain in effect.

25.9 One-Year Limitations Period

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES, OR IT WILL BE PERMANENTLY BARRED.

26. Governing Law and Venue (for Excluded Claims)

These Terms and any Dispute will be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict-of-laws principles, and, where applicable, by the Federal Arbitration Act. For Disputes not subject to arbitration under Section 25 (or for any action to enforce an arbitration award), the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Clark County, Nevada, and waive any objection to such jurisdiction or venue, including any objection based on inconvenient forum.

27. Notice to Patients — Open Payments Database

The federal Physician Payments Sunshine Act requires that certain payments or transfers of value provided by drug and medical-device manufacturers to physicians and teaching hospitals be reported and made available to the public. For more information, or to search for information about payments made to physicians and teaching hospitals, visit the Open Payments database at https://openpaymentsdata.cms.gov.

28. State-Specific Notices and Medical Complaint Information

Certain U.S. states require that telehealth providers display specific notices to their residents. The notices below are provided in compliance with those requirements. Healthcare providers furnishing services through the Services are licensed in the state in which the patient is located at the time of the consultation; the licensing board for that state has jurisdiction over complaints regarding professional conduct.

California: Medical doctors are licensed and regulated by the Medical Board of California, (800) 633-2322, www.mbc.ca.gov. Complaints may be filed online at www.mbc.ca.gov or in writing to Medical Board of California, Central Complaint Unit, 2005 Evergreen Street, Suite 1200, Sacramento, CA 95815.

Texas: Complaints regarding physicians, physician assistants, and other licensees of the Texas Medical Board may be submitted to Texas Medical Board, Attn: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, TX 78768-2018; 1-800-201-9353; www.tmb.state.tx.us.

Other states: For complaint information for any other state in which we operate, please contact us at hello@sexymd.com and we will provide the appropriate state medical board or licensing authority contact information.

29. Miscellaneous

29.1 Entire Agreement

These Terms, together with the Privacy Policy, the Informed Consent to Telehealth, and any Additional Terms or policies referenced in these Terms or accepted by you in connection with the Services, constitute the entire agreement between you and SexyMD regarding the Services and supersede all prior or contemporaneous communications and proposals on the subject.

29.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be severed, and the remaining provisions will remain in full force and effect, except as expressly provided in Section 25.4.

29.3 No Waiver

Our failure to enforce any provision of these Terms will not be deemed a waiver of that provision or of any other right under these Terms. Any waiver must be in writing and signed by an authorized representative of SexyMD.

29.4 Assignment

You may not assign or transfer these Terms or any of your rights or obligations under these Terms, in whole or in part, without our prior written consent, and any attempted assignment without that consent will be void. SexyMD may assign these Terms in whole or in part at any time, including in connection with a merger, acquisition, financing, reorganization, or sale of all or substantially all of its assets.

29.5 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, fiduciary, or employment relationship between you and SexyMD, between SexyMD and any Professional Entity, or between you and any Professional Entity.

29.6 Electronic Records and E-SIGN

You consent to receive all notices, disclosures, and other communications from SexyMD in electronic form, and you agree that all agreements and consents entered into through the Services satisfy any applicable legal requirement that they be in writing, including under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and similar state laws.

29.7 California Civil Code Section 1542

If you are a California resident, you waive the protections of 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.”

29.8 Force Majeure

SexyMD is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or communications failures, pandemic, government action, or disruptions in the supply or production of medications.

29.9 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

30. Contact Us

If you have any questions about these Terms or the Services, please contact us at:

SexyMD LLC

215 E Warm Springs Rd #109, Las Vegas, NV 89119

Email: hello@sexymd.com

Web: www.sexymd.com

Phone: (833) 3SexyMD

Legal: legal@sexymd.com