Terms of Service
Binding agreement between you and MenoHealth, Inc.
Effective Date: November 5, 2026 | Last Updated: October 30, 2026 | Version: 0.0.2
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 18) THAT AFFECT YOUR LEGAL RIGHTS. BY CLICKING “I AGREE” OR ACCESSING OR USING THE SERVICE, YOU ACCEPT THESE TERMS AND ACKNOWLEDGE OUR PRIVACY POLICY AND HEALTH DATA DISCLOSURES.
1. Acceptance of Terms; Click-Through Assent
These Terms of Service (“Terms”) form a legally binding agreement between you (“You,” “Your,” or “User”) and MenoHealth, Inc., a Florida corporation having its principal place of business at 11555 Heron Bay Blvd., Suite 200, Parkland, FL 33076 (“MenoHealth,” “we,” “us,” or “our”). These Terms govern Your access to and use of the MenoHealth mobile application, the menohealth.ai website, and any related products, content, features, and services (collectively, the “Service”).
You manifest assent to these Terms by (a) creating an account, (b) clicking, tapping, or selecting an “I Agree,” “Create Account,” “Subscribe,” or similar button presented adjacent to a conspicuous hyperlink to these Terms, or (c) accessing or using any part of the Service. MenoHealth may require affirmative click-through assent. We log the date, time, IP address, user agent (platform and app version), and version of these Terms accepted by each User and retain that record for the duration permitted by applicable law.
The current effective version of these Terms is identified at the top of this document. Prior versions are archived.
2. Description of the Service
MenoHealth offers a digital wellness platform designed to help adult women in perimenopause and menopause track symptoms, hormone test results, lifestyle inputs, and wearable-device data; receive AI-generated educational and lifestyle suggestions (the “AI Coach,” also called “MenoAI”); access curated content; and, optionally, through MenoCare, book telehealth visits with independent licensed clinicians and have prescriptions filled and delivered by an independent licensed pharmacy (the “Telehealth Service”).
What the Service is NOT:
- It is not a medical device, diagnostic tool, electronic health record, or substitute for professional medical care.
- It does not establish a doctor-patient relationship between You and MenoHealth.
- MenoHealth does not practice medicine, employ or direct clinicians, make or influence clinical decisions, prescribe medication, or operate a pharmacy.
- It is not a HIPAA-covered entity (see Section 11 and the separate Health Data Disclosures).
- It does not, and is not designed to, diagnose, treat, cure, mitigate, or prevent any disease or medical condition.
- AI Coach outputs are general informational content and are not medical advice; see Section 12 and the AI Disclaimer.
3. Eligibility
The Service is available only to natural persons who (a) are at least eighteen (18) years of age, (b) have the legal capacity to enter into a binding contract, (c) reside in the United States or another jurisdiction in which we have made the Service available, and (d) have not been previously suspended or removed from the Service. The Service is not directed to and may not be used by minors. By accepting these Terms, You represent and warrant that You satisfy each of these requirements.
We reserve the right to refuse the Service to any person for any reason and to add or change eligibility requirements at any time.
4. Accounts; Security; Termination
4.1 Account Creation
To use most features of the Service, You must create an account. You agree to provide accurate, current, and complete information during registration and to keep that information current. You are responsible for safeguarding Your credentials and for all activity under Your account. Notify us immediately at support@menohealth.ai if You suspect unauthorized access.
4.2 Termination by You
You may terminate Your account at any time through the in-app account-settings panel or by emailing support@menohealth.ai. Termination of a paid subscription is governed by Section 5 and the separate Subscription & Auto-Renewal Disclosures. If You have used the Telehealth Service, deleting Your account also sends the Telehealth Provider notice that You have closed Your account, as described in the Privacy Policy.
4.3 Termination by Us
We may suspend or terminate Your access to the Service, with or without notice, if we reasonably believe that You have violated these Terms or applicable law, that Your use creates legal exposure or harm to other Users or third parties, or that we are required by law to do so. Sections 7–20 survive termination.
5. Subscriptions; Free Trials; Billing
Certain features of the Service are offered on a recurring subscription basis (each, a “Subscription”). Subscription fees, billing intervals, and renewal terms are presented at the point of sale and incorporated into these Terms by reference. The current Subscription tiers are described at menohealth.ai/pricing and may change from time to time. Existing Subscriptions are not affected by price changes during the then-current billing period.
5.1 Free Trials
We may offer free or discounted introductory trials. The duration and conditions of any trial are disclosed at sign-up. Unless You cancel before the trial ends, the trial automatically converts to a paid Subscription at the then-current standard rate. Free trials are limited to one per User; we may revoke a trial if we believe a User is abusing it. Telehealth-visit credits included in a plan activate with Your first paid billing and are not available during a free trial.
5.2 Auto-Renewal
SUBSCRIPTIONS AUTOMATICALLY RENEW. You authorize MenoHealth (or its subscription-management provider, currently RevenueCat, Inc., together with the applicable App Store — Apple or Google — for in-app purchases, or Stripe, Inc. for purchases on our web checkout) to charge Your designated payment method on each renewal date for the then-current Subscription fee plus applicable taxes, until You cancel. Renewal terms, including frequency and price, are disclosed before checkout and reconfirmed at each price change as required by applicable auto-renewal laws.
5.3 Cancellation
You may cancel a Subscription at any time effective at the end of the then-current billing period. Cancellation may be completed through the in-app subscription-management option (for App Store-billed Subscriptions, this opens Apple’s subscription-management sheet); for Apple App Store or Google Play purchases, through the platform’s subscription-management interface; or, for plans billed directly by MenoHealth (web-billed plans, where offered), by emailing cancel@menohealth.ai (Your cancellation counts from the day Your email arrives, even if we handle it later; charges after that date will be refunded where applicable law requires). MenoHealth cannot cancel an App Store-billed Subscription or refund an App Store charge on Your behalf; see the Subscription & Auto-Renewal Disclosures and Section 5.4.
5.4 Refund Policy
Except where required by law, all Subscription fees are non-refundable. We may, in our sole discretion, issue a pro-rata refund for the unused portion of a billing period upon written request to cancel@menohealth.ai, which handles both cancellations and refund requests. Refunds of consultation fees, MenoHealth visit fees, visit credits, and medication orders are governed by Section 5.5 and the Telehealth-Specific Disclosures.
5.5 Plans, Telehealth Visits, and Medication Orders
Plans. The Service is offered as the MenoHealth App plan and as the MenoCare plan, each billed monthly or annually at the prices shown at checkout. The MenoCare plan includes everything in the MenoHealth App plan, telehealth-visit credits on the schedule shown at checkout, each of which waives MenoHealth’s visit fee for one visit, and the option to have prescriptions filled and delivered through the Service. Plan fees are MenoHealth’s fees for the Service. They do not prepay any clinician’s fee or any medication, and they never change based on what a clinician prescribes. Plans renew and may be cancelled under Sections 5.2 and 5.3. If You cancel Your plan, any unused visit credit remains available until the end of the billing period in which You cancel and then expires.
Telehealth visits. Subscribers on either plan may book a telehealth visit at any time. At each visit You pay two separately stated amounts in one checkout. The first is the Telehealth Provider’s consultation fee for that visit type, shown on the booking screen. MenoHealth collects the consultation fee on behalf of the Telehealth Provider as an administrative service and forwards all of it to the Telehealth Provider. It is the Telehealth Provider’s fee for medical care, it is the same whether or not any medication is prescribed, and it is not billed to insurance. The second is MenoHealth’s visit fee, which pays for MenoHealth’s platform and its coordination of Your visit and is not a fee for medical care. MenoHealth’s visit fee is a flat amount that is the same for every visit regardless of outcome. A telehealth-visit credit included in Your plan waives MenoHealth’s visit fee only. The consultation fee is paid at every visit, including by plan members. No part of Your plan fee or MenoHealth’s visit fee is paid to any clinician or to the Telehealth Provider. What happens at the visit, including whether any medication is prescribed, is up to the clinician, and no fee or visit credit is refunded because no medication was prescribed (see Section 10 and Telehealth-Specific Disclosures Section 8).
Medication orders. Plan fees, consultation fees, and MenoHealth’s visit fees do not include medications. If a clinician prescribes a medication and You choose to order it through the Service, the ordering screen shows two separately stated amounts before You order, which recur monthly for the period Your clinician prescribed. The first is the price of the medication, which is sold to You by Honeybee Health, Inc., an independent licensed pharmacy, at the pharmacy’s price. MenoHealth collects that payment as Honeybee’s limited payment agent and forwards it to Honeybee, and Honeybee does not bill You separately. The second is MenoHealth’s care coordination fee for refill and delivery coordination, which is a flat amount that is the same for every medication and does not change based on what is prescribed. Your clinician sends the prescription to Honeybee Health, Inc., which fills and ships it. A medication order refills and is billed automatically each month for the prescribed period, and You may cancel it at any time before the next refill. Canceling Your plan does not stop a medication order already in place, or its delivery, for the rest of the prescribed period, but a medication order cannot be renewed through MenoHealth after Your plan is canceled. No part of either amount is paid to any clinician or to the Telehealth Provider, and neither amount is charged if You fill Your prescription at another pharmacy, which You are always free to do.
6. Acceptable Use; Prohibited Conduct
You agree NOT to:
- Use the Service for any unlawful purpose or in violation of these Terms.
- Provide false, misleading, or inaccurate information, including in symptom logs, hormone results, or telehealth intake.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service except as expressly permitted by law.
- Scrape, crawl, or harvest data from the Service, or use bots, scripts, or automated tools to access the Service.
- Submit any content that is defamatory, harassing, infringing, threatening, obscene, or otherwise objectionable.
- Impersonate any person or entity or misrepresent Your affiliation with any person or entity.
- Interfere with or circumvent any security feature of the Service.
- Use the Service to transmit malware, ransomware, or other harmful code.
- Resell, sublicense, or redistribute the Service or any of its content.
- Use the Service to provide medical care to others or to make medical decisions on behalf of others, or use the Telehealth Service to obtain care or medication for anyone other than Yourself.
7. User-Generated Content
If the Service permits You to submit content You intend to be seen by others ("User Content"), including reviews, community posts, and feedback, You retain ownership of Your User Content but grant MenoHealth a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with operating, improving, and promoting the Service. This User Content license does not apply to Your health information. Your symptom logs and notes, MenoAI conversations and memories, hormone results, connected-device data, telehealth intake, and any support message or other submission containing health information are not User Content and are collected, used, disclosed, retained, and deleted as described in the Privacy Policy and the Health Data Disclosures. This exclusion from the User Content license does not restrict the Permitted De-identified Uses described in Privacy Policy Section 2 and Health Data Disclosures Section 5. You represent that You have all rights necessary to grant the User Content license. We may, but are not obligated to, monitor, edit, or remove User Content.
8. Intellectual Property
The Service, including all software, designs, content, trademarks, logos, and trade dress, is owned by MenoHealth or its licensors and is protected by U.S. and international intellectual-property laws. We grant You a limited, non-exclusive, non-transferable, revocable license to use the Service for Your personal, non-commercial use, subject to these Terms. No other rights are granted by implication, estoppel, or otherwise. “MenoHealth,” the MenoHealth logo, and related marks are trademarks of MenoHealth, Inc.
9. Third-Party Services and Links
The Service integrates with or links to third-party services, including Apple HealthKit, Google Health Connect, Terra, RevenueCat, Stripe, Inc., OpenAI OpCo, LLC, Anthropic, PBC, Honeybee Health, Inc., and the Telehealth Service. Which third-party health apps and devices You choose to connect is treated as health information, as described in the Privacy Policy and the Health Data Disclosures. Your use of any third-party service is governed by that third party’s own terms and privacy policies. MenoHealth does not control and is not responsible for third-party services.
Third-Party Data Sources; Licenses & Attributions. The Service also incorporates data from third-party and U.S.-government data sources, including Open Food Facts, USDA FoodData Central, RxNorm and RxTerms (U.S. National Library of Medicine), the openFDA National Drug Code directory, the Dietary Supplement Label Database (National Institutes of Health, Office of Dietary Supplements), LOINC and UCUM (Regenstrief Institute), and the HL7 FHIR specification. The notices below, together with any additional required notices, appear on the “Licenses & Data Sources” page in the app, which is incorporated into these Terms by reference:
- Contains information from Open Food Facts (openfoodfacts.org), made available under the Open Database License (opendatacommons.org/licenses/odbl/1.0/). © Open Food Facts contributors.
- This material contains content from LOINC (http://loinc.org). LOINC is copyright © Regenstrief Institute, Inc. and the Logical Observation Identifiers Names and Codes (LOINC) Committee, and is available at no cost under the license at http://loinc.org/license. This product also includes content from the Unified Code for Units of Measure (UCUM), © Regenstrief Institute, Inc.
- Food composition data from USDA FoodData Central, U.S. Department of Agriculture, Agricultural Research Service.
- This product uses publicly available data from RxNorm and RxTerms, courtesy of the U.S. National Library of Medicine (NLM), National Institutes of Health. NLM is not responsible for this product and does not endorse or recommend it.
- Supplement label data from the Dietary Supplement Label Database (DSLD), Office of Dietary Supplements, National Institutes of Health.
- FHIR® is the registered trademark of Health Level Seven International.
- Use of data from these U.S. government sources (NLM, FDA, NIH, USDA) does not imply endorsement by those agencies or the U.S. Government.
10. Telehealth
If You access the Telehealth Service, the medical care relationship is between You and the independent telehealth provider identified in the Telehealth-Specific Disclosures, currently MDI Medical Group PC and its affiliated professional entities (or such other licensed telehealth provider as may be designated from time to time). MenoHealth is not the medical provider and does not practice medicine. Use of the Telehealth Service is subject to the separate Telehealth-Specific Disclosures and the telehealth provider’s own terms, privacy policy, and informed-consent forms. Prescriptions You choose to fill through the Service are dispensed by Honeybee Health, Inc., an independent licensed pharmacy, subject to its own terms and privacy policy. Your clinician sends the prescription to the pharmacy, the pharmacy reports the fill and shipment to the Telehealth Provider, and MenoHealth receives the status of Your order from the Telehealth Provider. Compounded medications cannot currently be delivered through the Service to Alabama, Louisiana, or Mississippi. MenoHealth does not send Your information to the pharmacy, and the pharmacy does not send Your information to MenoHealth.
How a visit works. You book a visit in our app. The Telehealth Provider’s own intake then opens inside our app, and You enter Your identity, contact, and medical information directly with the provider. If You separately consent, a summary of Your tracked data is attached to Your case. Your clinician reviews Your information and may contact You, and Your messages with Your clinician take place on the provider’s page inside our app.
Consent to telehealth. By using the Telehealth Service, You consent to receive health care services by telehealth, including by video, audio, telephone, text message, email, and secure chat, and including asynchronous review of the information You submit without a live conversation. Telehealth has limits, Your clinician may not be able to perform a physical examination, and Your clinician may decide that telehealth is not appropriate for You and refer You for in-person care.
Visits, not guaranteed treatment. MenoHealth provides access to telehealth visits. What happens at a visit is up to Your clinician, who decides in the exercise of independent medical judgment what care is appropriate for You, including whether any prescription is medically appropriate, and who may decline to prescribe a medication. Neither MenoHealth nor the Telehealth Provider guarantees any particular treatment, outcome, or prescription.
Alternatives to treatment. Alternatives to the care offered through the Telehealth Service may include an in-person visit with Your own physician or another health care provider, other medications or therapies, lifestyle changes, or no treatment. You may ask Your clinician about the risks, benefits, and alternatives of any recommended treatment, and You are free to decline it.
Emergencies. THE TELEHEALTH SERVICE IS NOT FOR EMERGENCIES. IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. IF YOU ARE IN CRISIS OR THINKING ABOUT HARMING YOURSELF, CALL OR TEXT 988.
Free choice of pharmacy. You are free to have any prescription filled at the pharmacy of Your choice. Ordering through the Service, which uses Honeybee Health, Inc., is optional and is not a condition of receiving care.
No insurance claims. Telehealth visits through the Service are self-pay. Neither MenoHealth nor the Telehealth Provider will submit a claim for a visit to Medicare, Medicaid, or any other government health program or private insurer, and You agree not to submit, or seek reimbursement for, any such claim yourself.
Complaints. If You have a concern about Your clinician or Your care, You may contact the Telehealth Provider through the visit flow or MenoHealth at support@menohealth.ai. You may also file a complaint with the medical board of the state where You were located at the time of Your visit. Contact information for every state medical board is available from the Federation of State Medical Boards at www.fsmb.org/contact-a-state-medical-board.
11. Health Information
MenoHealth is not a covered entity, business associate, or healthcare clearinghouse under HIPAA. Health information You provide to MenoHealth is handled under our Privacy Policy and the Health Data Disclosures. Information You provide directly to the Telehealth Service is governed by that provider's privacy practices. The Privacy Policy and Health Data Disclosures govern MenoHealth's data practices; the Health Data Disclosures control for consumer health data if a specific provision conflicts, and applicable state-specific provisions control for the users and activities they cover. We obtain any consent or authorization required by applicable privacy law through the applicable consent flow.
12. AI Coach; Correlation Engine; Informational Use Only
The Service uses artificial-intelligence systems, including third-party large-language-model APIs (currently the APIs of OpenAI OpCo, LLC and Anthropic, PBC), to generate educational content, food-recognition output, and AI Coach responses. AI Coach responses are computer-generated by artificial intelligence, not written by a human. How Your information is handled with these AI systems is described in the Privacy Policy and the Health Data Disclosures. The Service also uses a proprietary correlation engine (the “Correlation Engine”) to identify patterns in self-reported and integrated data.
AI COACH OUTPUTS AND CORRELATION ENGINE OUTPUTS ARE GENERAL INFORMATIONAL CONTENT, NOT PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS CONSULT A LICENSED HEALTHCARE PROVIDER BEFORE MAKING ANY MEDICAL DECISION. THE CORRELATION ENGINE’S PREDICTIVE ACCURACY IS APPROXIMATE AND MAY VARY BY USER, DATA QUALITY, AND CONDITION. RESULTS WILL VARY.
Additional terms governing AI use are set out in the separate AI Disclaimer & User Agreement.
13. Disclaimers of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MENOHEALTH AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT ANY HEALTH-RELATED OUTCOME WILL RESULT FROM USE OF THE SERVICE.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MENOHEALTH OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR PERSONAL INJURY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STATUTE, OR OTHERWISE) AND EVEN IF MENOHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MENOHEALTH’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO MENOHEALTH FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
15. Indemnification
You agree to defend, indemnify, and hold harmless MenoHealth and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) Your use of the Service, (b) Your User Content, (c) Your breach of these Terms, (d) Your violation of any applicable law or third-party right, including any health-information or telehealth law, and (e) Your reliance on AI Coach or Correlation Engine outputs.
You also agree to defend, indemnify, and hold harmless the Telehealth Provider (MDI Medical Group PC and its affiliated professional entities) and its clinicians from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) any false, incomplete, or misleading information You provide to the Telehealth Provider, including about Your identity, location, medical history, or medications, (b) Your failure to follow Your clinician’s instructions, (c) Your misuse of any medication prescribed to You, including use by or transfer to another person, and (d) Your breach of these Terms.
Nothing in this Section requires You to indemnify any person for that person’s own negligence or misconduct, or limits any right You have that cannot be waived under applicable law.
16. Modifications to These Terms
We may modify these Terms at any time. Material changes will be communicated by in-app notice, email to the address associated with Your account, reaffirmation of click-through assent, or a combination of these, before they take effect, within any notice period required by applicable law. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If You do not accept the modified Terms, Your sole remedy is to stop using the Service and cancel Your Subscription, subject to any non-waivable rights. Changes affecting Your information are governed by the Privacy Policy and Health Data Disclosures.
17. Governing Law; Venue
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. Subject to Section 18 (arbitration), the exclusive venue for any judicial action permitted under these Terms is the state and federal courts located in Broward County, Florida, and You consent to the personal jurisdiction of those courts.
18. Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND MENOHEALTH TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS YOUR ABILITY TO SEEK RELIEF IN COURT, TO HAVE A JURY TRIAL, OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
18.1 Agreement to Arbitrate
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service, except as expressly excluded below, will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator in Broward County, Florida, or, at Your election, by telephone, video, or document submissions. Judgment on the award may be entered in any court of competent jurisdiction.
18.2 Class Action Waiver
YOU AND MENOHEALTH 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.
18.3 Exceptions
Notwithstanding the foregoing, either party may (a) bring an individual action in a small-claims court of competent jurisdiction, (b) seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual-property rights,(c) bring claims that are non-arbitrable as a matter of law, and (d) to the extent applicable law makes such relief non-waivable, seek public injunctive relief in a court of competent jurisdiction; any such request for public injunctive relief will be severed and stayed pending arbitration of all arbitrable claims.
18.4 Right to Opt Out
You may opt out of this arbitration agreement by emailing legal@menohealth.ai, or by sending written notice by certified mail or by mail with delivery tracking to MenoHealth, Inc., Attn: Legal — Arbitration Opt-Out, 11555 Heron Bay Blvd., Suite 200, Parkland, FL 33076, in either case received within thirty (30) days after You first accept these Terms. The notice must include Your name, address, account email, and a clear statement that You wish to opt out. Opting out will not affect any other provision of these Terms.
18.5 Mass Arbitration; Bellwether Batching
If twenty-five (25) or more Demands for Arbitration are filed against MenoHealth raising similar claims and filed by or with the assistance of the same or coordinated counsel or organizations, or otherwise coordinated (a “Mass Filing”), the AAA’s Mass Arbitration Supplementary Rules then in effect will apply, together with this Section 18.5. Filing fees and arbitrator compensation for a Mass Filing become due only as Demands proceed under this Section.
Bellwether proceedings. Unless otherwise required by AAA’s Mass Arbitration Supplementary Rules then in effect, Claimants’ counsel and MenoHealth will each select twenty-five (25) Demands from the Mass Filing to proceed first as bellwether arbitrations and only those bellwether Demands will be filed with, administered by, and paid for through the AAA at that stage; all other Demands will be held in abeyance and will not be deemed filed for fee purposes.
Tolling; mediation. All applicable statutes of limitation are tolled for Demands held in abeyance from the date they are first submitted until the date they proceed under this Section. Within sixty (60) days after the conclusion of the bellwether arbitrations, the parties will participate in a single global mediation session before a mediator selected jointly (or, absent agreement, appointed by the AAA); MenoHealth will pay the mediator’s fees. If the Mass Filing is not resolved at mediation, the process in this Section repeats in successive batches of twenty-five (25) Demands until all Demands are resolved as required by AAA’s Mass Arbitration Supplementary Rules.
This Section applies equally to coordinated Demands brought by MenoHealth. It changes only the sequence and administration of arbitrations and does not alter any party’s substantive rights or remedies or the individual nature of arbitration under Section 18.2. A court of competent jurisdiction, and not an arbitrator, will resolve any dispute about the formation, applicability, or enforceability of this Section 18.5. If all or a part of this Section 18.5 is held unenforceable, it will be severed and the remainder of Section 18 will remain in full force; in that event, Demands will proceed as individual arbitrations under Section 18.1.
19. Notices
(a) Notice to You. We may give any notice under these Terms, or under any document incorporated into them (Section 20.1), by in-app message or by email to the address associated with Your account. Notice to You is effective when the email is delivered to that address or the message is made available in the app, whether or not You read it. You are responsible for keeping Your account email address current, and an email notice sent to the address on file is deemed delivered unless we receive an automated non-delivery report.
(b) Notice to Us. You must give any notice under these Terms, or under any document incorporated into them (Section 20.1),in writing, by (i) email to legal@menohealth.ai, or (ii) certified mail or mail with delivery tracking, addressed to MenoHealth, Inc., Attn: Legal, 11555 Heron Bay Blvd., Suite 200, Parkland, FL 33076, or to any updated address we designate by notice. Notice to us is effective when received.
(c) Privacy Requests. This Section does not limit the methods for submitting privacy requests described in the Privacy Policy and the Health Data Disclosures.
20. Miscellaneous
20.1 Entire Agreement
These Terms, together with the Privacy Policy, Health Data Disclosures, Subscription & Auto-Renewal Disclosures, Telehealth-Specific Disclosures, AI Disclaimer, the Research & Study Participation Informed Consent (where You have accepted it), and any other policy referenced herein and presented to You at sign-up, constitute the entire agreement between You and MenoHealth and supersede prior or contemporaneous agreements, understandings, or representations relating to the subject matter. The document priority described in Section 11 applies to information practices. The applicable Research & Study Participation Informed Consent governs study participation and information collected under that consent.
20.2 Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ intent.
20.3 No Waiver
Our failure to enforce any provision is not a waiver of our right to enforce that provision later.
20.4 Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.
20.5 Force Majeure
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, network or telecommunication failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
20.6 Headings; Construction
Section headings are for convenience only. Any ambiguity will not be construed against the drafter.
20.7 Third-Party Beneficiaries
The Telehealth Provider and its clinicians are intended third-party beneficiaries of Section 10 and the second paragraph of Section 15 and may enforce them. There are no other third-party beneficiaries of these Terms.
21. Research and Studies
MenoHealth may, from time to time, offer You the opportunity to participate in voluntary research studies, including studies intended to develop, validate, or improve features of the Service such as the MenoScore and the Correlation Engine. Participation is optional and is not part of, or a condition of, Your subscription to or use of the Service.
You will not be enrolled in a voluntary research study offered under this Section, and Your identifiable information will not be used for that study, unless and until You give separate, affirmative consent through the Research & Study Participation Informed Consent presented for the study. That document, not these Terms, governs Your study participation, including the purpose and nature of the research, the data used, confidentiality and any sharing with research partners, the role of any institutional review board or independent ethics review, the absence of any guarantee of direct benefit, and Your right to withdraw without affecting Your access to the Service. Acceptance of these Terms does not constitute consent to participate in a research study.
The internal analysis and Permitted De-identified Uses described in Privacy Policy Section 2 and Health Data Disclosures Section 5, including research using de-identified data, are distinct from enrollment in a voluntary study offered under this Section and are governed by those documents. The applicable Research & Study Participation Informed Consent governs study participation and information collected under that consent.
Contact: support@menohealth.ai (general) · privacy@menohealth.ai (privacy requests) | MenoHealth, Inc., 11555 Heron Bay Blvd., Suite 200, Parkland, FL 33076