Terms of service

These terms of service (the “Terms”) are an agreement between you and Fonde LLC (“Fonde”, “we”, “us” or “our”). They apply when you use the website at fonde.com, the online health assessment at intake.fonde.com, the patient portal at portal.fonde.com, and any products or services we offer through them (together, the “Service”).

Please read them carefully. By creating an account, buying a plan or otherwise using the Service, you agree to these Terms and to our privacy policy. If you don’t agree, don’t use the Service.

If you think you’re having a medical emergency, call 911 or go to the nearest emergency room. Don’t use the Service for emergencies.

About Fonde

Fonde gives you online access to weight-loss care from independent licensed clinicians, and to compounded medications prepared by licensed pharmacies.

• Clinical care is provided by independent licensed clinicians (the “Clinicians”).
• Prescriptions are filled and shipped by licensed pharmacies: Strive Pharmacy, Rush Pharmacy and Boudreaux’s New Drug Store (the “Pharmacies”). Your prescription may be filled by, or transferred between, any of the Pharmacies, and you authorize us to arrange that for you.

Fonde is not a healthcare provider, and using the Service doesn’t create a doctor–patient relationship between you and Fonde. You may form one with a Clinician. We provide the technology, administrative and customer support services that connect you with them, and we don’t control or interfere with their professional judgment. Each Clinician is solely responsible for the care they provide, and each Pharmacy is solely responsible for the prescriptions it dispenses.

Pharmacy disclosure. Fonde is not a pharmacy and doesn’t compound, dispense or ship medication. Every prescription is filled by a state-licensed pharmacy, which is solely responsible for compounding, labeling, dispensing and shipping it. The pharmacy that fills your prescription is named on your medication label and in the patient portal. Our Pharmacies are:

• Strive Pharmacy LLC, doing business as Strive Pharmacy, 1275 E Baseline Rd, Suite 104, Gilbert, AZ 85233. Phone: (480) 626-4366. strivepharmacy.com.
• Super Saver Pharmacy #4, LLC, doing business as Rush Pharmacy, 1977 Alafaya Trail, Suite 1121, Oviedo, FL 32765. Phone: (407) 205-7336. rushpharmacy.com.
• Vidrine Pharmaceutical Group, LLC, doing business as Boudreaux’s New Drug Store, 404 East Prien Lake Rd, Lake Charles, LA 70601. Phone: (337) 436-7216. boudreauxsnewdrug.com.

Questions about a prescription you’ve received can be directed to the pharmacy that filled it or to us.

The Clinicians and the Pharmacies are third-party beneficiaries of these Terms, which means they can rely on and enforce them.

Content on our website, such as how a class of medication works, is general information. It isn’t medical advice and isn’t a substitute for advice from your own clinician.

Eligibility

To use the Service, you must:

• be at least 18 years old;
• be located in a state where the Service is offered at the time you use it;
• give truthful, accurate and complete information about yourself and your health, and keep it up to date;
• use the Service only for yourself, not on behalf of anyone else.

Completing the health assessment doesn’t make you eligible for treatment. Eligibility for any prescription is a decision for your Clinician alone.

Telehealth

Telehealth means receiving care through electronic communications, such as an online assessment and secure messaging, rather than in person. It has benefits, such as convenience, and limitations: for example, your Clinician can’t physically examine you, and telehealth isn’t right for every condition or every person. Before your Clinician reviews your assessment, you’ll be asked to read and accept an informed consent to telehealth, which Fonde can also enforce.

Your Clinician may decide that you need an in-person exam, lab work or care that the Service doesn’t provide. If so, you’re responsible for arranging that care and paying for it separately.

Keep your primary care provider informed about any treatment you receive through the Service.

Your health information and messages

Your Clinician and care team may send you messages, results and instructions through the Service, by email or by text. You’re responsible for reading and responding to them, and for following your Clinician’s instructions. Neither Fonde nor any Clinician is responsible for harm resulting from your failure to read or act on these messages.

Message your care team through the Service with any questions about your treatment. Messages aren’t monitored around the clock, so don’t use them for urgent concerns.

How we handle your personal and health information is described in our privacy policy. The Clinicians and the Pharmacies explain how they handle your protected health information in their own notices of privacy practices.

Prescriptions and medication

You can only receive a prescription medication after you complete the health assessment, a Clinician reviews it and decides that the medication is appropriate for you, and the Clinician writes a prescription. A Clinician may decline to prescribe, change your dose, change your medication or stop your prescription at any time based on their professional judgment.

Compounded medications. The medications available through the Service are compounded medications. A compounded medication is prepared by a licensed pharmacy for an individual patient under a prescription. Compounded medications are not approved by the U.S. Food and Drug Administration (“FDA”), and the FDA doesn’t review them for safety, effectiveness or quality before they’re dispensed. Your Clinician will discuss the risks and benefits with you.

Using your medication. Use your medication only as prescribed and only for yourself. Read all instructions and safety information that come with it, and contact your care team about any side effects. Don’t share, sell or give your medication to anyone else.

Shipping. If you’re prescribed a medication, the Pharmacy ships it to the address you give us. You’re responsible for giving a correct address and for storing your medication as instructed once it’s delivered. Some medications must be kept cold. If your order arrives damaged or isn’t delivered, contact us within 7 days of the expected delivery date.

Returns. Prescription medications can’t be returned once they’ve been shipped, as required by pharmacy law.

Results. Everyone responds to medication differently. We don’t promise or guarantee any particular result from treatment.

Availability. Medications, doses and plans may not always be available. We, the Clinicians and the Pharmacies may change what’s offered at any time.

Plans, pricing and billing

What your plan includes. Each plan covers the Clinician’s review of your assessment, messaging with your care team, your medication, the supplies you need to take it, and standard shipping. The price is the same at every dose. There are no separate membership fees. The total billed and the price per month for each plan are shown before you buy. If a cost isn’t included in your plan price, we’ll show it to you before you buy.

When you’re charged. You pay for your plan’s full length up front. You’ll enter your payment details when you request treatment, but you’re only charged if a Clinician issues a prescription. If no prescription is issued, you won’t be charged.

Automatic renewal. Your plan renews automatically at the end of each plan period for another period of the same length, at the price shown to you when you bought it, unless you cancel before your renewal date or your Clinician stops your prescription. We’ll remind you before each renewal by email. Your renewal date is shown in the patient portal. You authorize us to charge your payment method for each renewal until you cancel.

Payment collected for others. Part of what you pay is collected on behalf of, and passed to, the Clinicians for their services and the Pharmacies for your medication.

Price changes. We may change our prices. Any change applies only from your next renewal, and we’ll tell you at least 30 days before it does, so you can cancel if you don’t want to continue.

Payment methods. You must use a valid payment method that you’re authorized to use. If a payment fails, we may retry it, pause your shipments or cancel your plan.

Taxes. Prices include any applicable taxes unless we say otherwise.

Errors. If we make a pricing or billing error, we’ll correct it and refund any overcharge. If we’ve undercharged you, we’ll ask before charging the difference.

Insurance

Fonde, the Clinicians and the Pharmacies don’t accept insurance, including Medicare, Medicaid or other government healthcare programs, and won’t submit claims to them for the Service. You’re choosing to pay for the Service yourself and are responsible for its full cost. You may be able to ask your insurer or health savings account for reimbursement yourself, but we can’t promise you’ll receive any.

Cancellation and refunds

Cancelling. You can cancel your plan at any time in the patient portal or by emailing support@fonde.com. You can also cancel by phone at (385) 452-8090. Cancelling stops your plan from renewing. To avoid being charged for your next plan period, cancel before your renewal date.

After you cancel. Your plan continues until the end of the period you’ve already paid for, including any medication shipments still due in that period, and then stops. Your Clinician may also need to stop your prescription.

Refunds. We don’t refund the remaining months of a plan you’ve cancelled. For example, if you cancel one month into a six-month plan, your plan continues for the full six months and you won’t be charged again after that. We’ll refund you in full if no prescription is issued, or if your Clinician stops your prescription before any medication for that plan period has shipped. We may give other refunds at our discretion.

Cancellation by us. We may cancel your plan if your Clinician decides treatment is no longer appropriate, if a payment fails, or if you break these Terms. If we cancel your plan for a reason other than your breach, we’ll refund the unused portion of your plan for any medication that hasn’t shipped.

Your account

You’re responsible for keeping your login details confidential and for everything that happens in your account. Tell us right away at support@fonde.com if you think someone has accessed your account without permission. We may suspend or close your account if we believe it’s being misused.

Texts and emails

By using the Service, you agree that we, the Clinicians and the Pharmacies can communicate with you electronically, including by email, text message and through the patient portal, and that these communications satisfy any legal requirement that they be in writing.

If you agree to receive text messages, we’ll send you account, order and care-related texts, and marketing texts only if you’ve separately agreed to them. Message frequency varies. Message and data rates may apply. Reply STOP to stop receiving texts or HELP for help. Agreeing to marketing texts isn’t a condition of buying anything.

Acceptable use

When using the Service, you agree not to:

• give false, inaccurate or misleading information, including about your identity or health;
• use the Service for anyone other than yourself, or create an account for someone else;
• resell or share any medication you receive;
• copy, scrape, reverse engineer or interfere with the Service or its security;
• use the Service to break any law or infringe anyone’s rights;
• harass or abuse our team, the Clinicians or the Pharmacies.

Our content and intellectual property

The Service and its content, including text, images, illustrations, logos and the Fonde name, belong to us or our licensors and are protected by intellectual property laws. You can use them only to use the Service for your own personal, non-commercial purposes. You may not copy, modify, distribute or create works based on them without our written permission.

If you send us feedback or suggestions, we can use them without owing you anything.

Third-party services

The Service relies on third parties, such as payment processors and shipping carriers, and may link to third-party websites. We aren’t responsible for their services, content or practices, and your use of them may be subject to their own terms.

Disclaimers

To the fullest extent the law allows, the Service is provided “as is” and “as available”. Fonde doesn’t make any warranties about the Service, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, error-free or secure. Fonde doesn’t provide medical care and doesn’t make any warranty about the care provided by the Clinicians, or about the medications dispensed by the Pharmacies.

Some states don’t allow certain warranties to be excluded, so some of these exclusions may not apply to you.

Limitation of liability

To the fullest extent the law allows, Fonde and its officers, employees and agents won’t be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill, arising from or related to the Service or these Terms, even if we’ve been told they’re possible.

To the fullest extent the law allows, our total liability for any claim arising from or related to the Service or these Terms is limited to the greater of the amount you paid us in the 12 months before the claim arose and $100.

Nothing in these Terms limits liability that can’t be limited by law, such as liability for gross negligence, willful misconduct, or death or personal injury caused by our negligence. Some states don’t allow these limits, so they may not apply to you.

Indemnity

To the extent the law allows, you agree to defend and compensate Fonde, the Clinicians and the Pharmacies for any claims, losses and costs (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Service, or false or inaccurate information you provide.

Ending these Terms

You can stop using the Service at any time by cancelling any active plan and closing your account. We may suspend or end your access to the Service if you break these Terms or if we stop offering the Service. Sections that by their nature should continue after these Terms end, such as payment obligations, disclaimers, limitation of liability, indemnity and disputes, will continue.

Disputes

Talk to us first. If you have a concern, contact us at support@fonde.com. Most problems can be fixed quickly that way.

Governing law. These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-law rules, except where the law of the state you live in requires otherwise.

Where disputes are heard. Any dispute that isn’t resolved informally will be heard in the state or federal courts located in Utah County, Utah, and you and we agree to their jurisdiction. Either of us may bring an individual claim in small claims court instead if it qualifies.

General

Changes to these Terms. We may update these Terms from time to time. When we do, we’ll change the “Last updated” date at the top. If a change is material, we’ll tell you by email or through the Service at least 30 days before it takes effect. Changes don’t apply to a plan period you’ve already paid for, unless the law requires them to. If you continue to use the Service after a change takes effect, you accept the updated Terms.

Entire agreement. These Terms, together with our privacy policy and any terms shown to you when you buy a plan or accept the telehealth consent, are the whole agreement between you and Fonde about the Service.

Severability. If any part of these Terms is found to be unenforceable, it will be enforced to the maximum extent possible and the rest will stay in effect.

No waiver. If we don’t enforce a part of these Terms, that doesn’t mean we waive our right to enforce it later.

Assignment. You can’t transfer your rights under these Terms. We may transfer ours to an affiliate or to a successor in a merger, acquisition or sale of assets.

No agency. These Terms don’t create any partnership, joint venture, employment or agency relationship between you and Fonde, the Clinicians or the Pharmacies.

Events beyond our control. We aren’t responsible for delays or failures caused by events beyond our reasonable control, such as natural disasters, carrier delays, drug shortages or outages.

Contact us

• Email: support@fonde.com
• Phone: (385) 452-8090
• Mail: Fonde LLC, 971 S University Ave #1066, Provo, UT 84601