Terms And Condition

Date of Last Revision: 12/11/2024

IMPORTANT NOTICE:
AMONG OTHER ACTIVITIES, EZRA’S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER. THESE SERVICES DO NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN AND MAY NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY SET FORTH IMPORTANT INFORMATION YOU NEED TO KNOW ABOUT THE SERVICES.

BY ACCESSING OR USING THE SITES OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SITES OR ANY SERVICES PROVIDED ON OR THROUGH THE SITES. THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

Introduction

Ezra and its respective affiliates (collectively, “Ezra,” “we,” “us,” or “our”) own and operate the websites located at www.joinezra.com and [INSERT ALTERNATE DOMAIN] (collectively, the “Websites,” and collectively with any affiliated mobile application (“App”), the “Sites”). The Sites are intended to facilitate the provision of our Services to registered users.

The “Services” may include:

  1. Providing individuals with information on health care and wellness (“Content”).
  2. Providing individuals with pharmacy services.
  3. Providing individuals with access to technology-oriented tools for smoking cessation.
  4. Developing and gathering health care records and information, and retaining them for use in health care provider appointments, communications, and pharmacy services.
  5. Providing administrative support related to scheduling, payment for health care provider services, and pharmacy services.
  6. Providing telecommunications support for using the Services as a means of direct access to health care providers from Beluga Health, P.A. and similar affiliated professional entities, for communication, consultations, assessments, and treatment.

These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities with regard to the Ezra Sites you may use to receive Services. Your access to and use of the Sites are subject to these Terms of Use, our Privacy Policy at www.joinezra.com, and all applicable laws and regulations.

In these Terms of Use, “you” and “yours” refer to the person using the Services. Even if you arrived at the Sites through a third-party website or mobile application (including an Ezra affiliate), these Terms of Use are entered into between you and Ezra.

If you do not accept and agree to be bound by these Terms of Use, you are not authorized to access or use the Sites, Services, or any information or Content provided through them. The Sites and Services are under continuous development. Ezra reserves the right to revise or remove any part of these Terms of Use at any time without prior notice. Changes are effective upon posting to the Sites. If you disagree with these Terms of Use, your sole remedy is to discontinue use of the Sites and/or Services. Your continued use after changes are posted constitutes your acceptance of those changes.

Use of these terms constitutes acceptance of Ezra’s platform and its applicable privacy policy located at joinezra.com.

Availability

Certain Services are currently only available to individuals located in certain states.

Eligibility

To qualify to use the Services, you must:

  • Be 18 years of age or older.
  • Be located in a State Where We Operate (depending on the type of Services).
  • Agree to be legally bound by and comply with these Terms of Use.

Meeting these requirements does not guarantee you will receive Services. Ezra and certain affiliated professional entities may change or add new requirements at their sole discretion without notice.

Requirements for Use

You must have compatible computing and/or mobile devices, Internet access, and certain necessary software to use the Sites. Fees and charges may apply to your use of mobile services and the Internet.

Special Consent to Telehealth Services

Telemedicine involves the delivery of health care services using electronic communications and information technology between a health care provider and a patient who are not physically together. Telemedicine may be used for diagnosis, treatment, follow-up, and/or related patient education. It may include:

  • Electronic transmission of medical records, images, personal health information, or other data.
  • Interactions via audio, video, and/or data communications.
  • Use of output data from medical devices, sound, and video files.

The electronic systems used in the Services have security protocols to protect the privacy and security of health information. Please refer to our Consent to Telehealth for details about telemedicine’s risks and benefits. The Consent to Telehealth is incorporated into these Terms of Use by reference.

Privacy Policy

Ezra values confidentiality and privacy regarding your health information. Please see:

  1. Our Privacy Policy, for details on how we collect and use your personal information.
  2. The Ezra Professionals Notice of Privacy Practices applicable to Beluga Health, P.A. and similar affiliated professional entities for details on how these entities may use and disclose your medical information, and how you may access that information.

These documents are incorporated into these Terms of Use by reference.

Your Relationship with Ezra

Ezra does not provide medical services, including via the Sites and Services. Instead, Ezra provides a technology platform for you to access a health care provider employed or contracted with Beluga Health, P.A. or similar entities. The resources offered through the Services do not replace in-person health care services in all cases. Any decision to focus on diagnosis and/or treatment recommendations rests with you and the health care provider.

By using these Services, you acknowledge that you are not entering into a provider-patient relationship with Ezra. You consent to Ezra, its affiliates, or health care providers sending you disclosures, notices, and other communications. You are responsible for monitoring these communications and following any treatment recommendations.

Communications by Text Message and Email

By opting in to receive text (SMS) messages from Ezra or sending us an initial text, you consent to receiving transactional and promotional text messages regarding your account and use of the Services. By doing so, you represent that:

  1. You own or are authorized to use the mobile device.
  2. You are responsible for charges (message/data rates may apply).
  3. Neither Ezra nor mobile carriers are liable for delayed or undelivered messages.

Access to the Services is not conditioned on consent to receive marketing texts. You can opt out of Ezra’s SMS services at any time by texting “STOP” to the message received. For issues or concerns, email support@joinezra.com.

Please note that text messages and emails may not be encrypted and could be intercepted by third parties. If you choose to send or receive sensitive information via text or email, you do so at your own risk.

Consultative Service

A health care provider affiliated with Beluga Health, P.A. may use the Services to provide advice or treatment. Such providers may not have the benefit of an in-person examination, which could affect their understanding of your condition. To mitigate risk, share all relevant information with your provider. You acknowledge limitations of telemedicine and assume associated risks. Diagnoses may be provisional, and telemedicine may not replace full in-person evaluations. For more information, visit www.joinezra.com.

Site Content

Except for specific communications from Beluga Health, P.A. or affiliated providers, none of the Content on the Sites should be considered medical advice.

Registration and User Accounts

You must register with Ezra to access the Services. Registered users (“Secure Users”) must provide accurate and complete information and update it as needed. If inaccurate information is provided, Ezra may suspend or terminate your account.

Notify Ezra at support@joinezra.com of any unauthorized use of your credentials. You are responsible for maintaining the confidentiality of your password and all activities under your account. Ezra is not liable for losses due to unauthorized use of your account.

‘Jailbreaking’ the Mobile Operating System

The App is intended only for use on devices with unmodified operating systems. Using the App on a “jailbroken” device may undermine security features and compromise your protected health information. Doing so constitutes a material breach of these Terms of Use.

Access Rights and Prohibited Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable right to view, download, access, and use the Sites and Services for personal, non-commercial purposes in the U.S.

You must not:

  • Impersonate others or misrepresent affiliation.
  • Violate laws.
  • Reverse-engineer or compromise our software.
  • Use harmful code or violate security measures.
  • Infringe intellectual property rights.
  • Resell or commercially exploit the Sites or Services.
  • Attempt unauthorized access to our networks.
  • Exceed the scope of use granted.

Ownership of Information Submitted via the Sites

Except for personal data maintained according to our Privacy Policy (and possibly governed by HIPAA), any information you submit is non-confidential and becomes property of Ezra and affiliated entities. We may use it for any purpose, including development and marketing of products.

For personal data or health information, to the extent allowed by law, you grant Ezra and its partners the right to use, reproduce, modify, and distribute it for providing services, conducting research, and improving features.

Ownership of Site Content

Ezra owns or licenses all content, features, and functionality on the Sites, including intellectual property rights. You may not reproduce, distribute, or commercially exploit any part of the Sites without explicit permission.

Trademarks

Certain names, logos, and materials are trademarks of Ezra or affiliates. You may not use these without our written permission.

Links to Third-Party Websites

The Sites may contain links to third-party websites. These are provided for convenience; we do not endorse or control the linked sites and are not responsible for their content. Use them at your own risk.

Termination

These Terms remain in effect while you use the Sites or Services. You may stop using them at any time. Ezra may terminate or suspend your access at any time without notice. Upon termination, Sections regarding disclaimers, limitations of liability, indemnification, governing law, arbitration, and severability remain in effect.

Disclaimer of Warranties

USE OF THE SITES IS AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EZRA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, EZRA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SITES OR SERVICES, EVEN IF ADVISED OF SUCH POSSIBILITIES.

Indemnification

You agree to indemnify and hold harmless Ezra, its affiliates, and representatives from any claims, losses, or damages arising from your unauthorized use of the Sites or Services, violation of law, or willful misconduct.

Modifications to the Sites

Ezra may modify or discontinue the Sites or Services at any time without liability.

Pharmacy Services

If you receive a prescription through the Services, you may select Ezra or a partner pharmacy (“Ezra Pharmacy Network”). By doing so, you consent to sharing your information as needed. Prescriptions may not be in child-resistant packaging.

Payment

You agree to pay all fees for services requested. Fees may include charges by health care providers for services obtained through Ezra. If payment cannot be processed, you must provide an alternative payment method.

Special Notice to Medicare and Medicaid Beneficiaries

Federal/state health care programs (Medicare/Medicaid) may not pay for the Services provided through Ezra. By using these Services, you agree to pay directly and acknowledge that health care providers will not bill these programs.

Testosterone Health Program Terms and Conditions

Additional Terms for the Testosterone Health Program (“Program”):

  • The Program provides a membership-based service for managing low testosterone in eligible biological males.
  • The Program is not insurance and does not replace in-person care.
  • Eligibility may be limited by state or insurance plan.
  • The Program includes up to eight (8) medical consults per year, health care provider services to order and interpret up to eight (8) lab panels, up to eight (8) at-home blood draws, secure messaging, and prescription fulfillment (if chosen via the Ezra Pharmacy Network).

Membership and Fees:

  • Fees are charged monthly. You can cancel at any time, but paid fees are non-refundable.
  • If you require additional services beyond the included eight (8) per year, additional fees apply.
  • At-home phlebotomy services are included, but lab test costs by Quest Diagnostics are not.

Cancelling, Delaying, or Pausing Membership:

  • You may cancel anytime.
  • You may delay billing or go “On-demand,” but this may require a reevaluation (Continuation Visit) before continuing treatment.
  • If delayed or On-demand for eight (8) consecutive weeks without scheduling a Continuation Visit, your Membership may be canceled.

No Guarantee of Program Continuity:

  • The Program may be discontinued with 30 days’ notice.

Governing Law; Dispute Resolution; Arbitration; Venue; Severability

By using the Sites, you agree to the laws of the State of Delaware. Any dispute will be resolved by final, binding arbitration in New York, NY, under AAA rules, except for certain intellectual property claims or injunctive relief which may proceed in a New York court.

If any provision is invalid, the remaining provisions remain in effect.

No Waiver

Ezra’s failure to enforce any provision does not constitute a waiver.

No Agency Relationship

These Terms do not create a partnership, joint venture, employment, or agency relationship.

Remedies

Violations of these Terms may cause irreparable harm. Ezra may seek injunctive or equitable relief in addition to other remedies.

Assignment

You may not assign any rights under these Terms. Ezra may transfer its contractual rights and obligations.

Digital Millennium Copyright Act (DMCA)

If you believe content on our Sites infringes your copyright, send a notice to:

3 North Federal Highway, Dania Beach, Florida, 33004
support@joinezra.com

Include:

  • Your signature
  • Identification of the copyrighted work
  • Location of the infringing content
  • Your contact information
  • A statement of good faith belief
  • A statement under penalty of perjury that you are authorized to act on behalf of the copyright owner

Asynchronous Telemedicine Informed Consent

By clicking “I Agree,” you acknowledge that you have read and understand the terms below, understand the risks and benefits of asynchronous telemedicine, and hereby give your informed consent to participate in asynchronous telemedicine.

What is Telemedicine?
Telemedicine delivers healthcare services—including examination, consultation, diagnosis, and treatment—via electronic communications when the patient and provider are not in the same location.

What is Asynchronous Telemedicine?
Asynchronous telemedicine (store-and-forward) involves submitting and collecting data at different times, often via text, photos, or video. Beluga’s platform allows:

  • Text-based patient-practitioner interactions via SMS/MMS.
  • Secure information collection through asynchronous questionnaires.

Possible Risks of Asynchronous Telemedicine:

  • Delays due to equipment or Internet failures.
  • Security breaches could occur.
  • If you do not fully disclose your medical history, negative outcomes may occur.
  • Asynchronous telemedicine is NOT for emergencies. In emergencies, call 911.

No Guarantee of Diagnosis or Treatment:
Care is at the discretion of the treating practitioner. They will determine if asynchronous telemedicine is appropriate.

Your Rights and Acknowledgements:

  • You have the same privacy rights as in-person visits.
  • Your information may be electronically transmitted and reviewed by practitioners in other areas.
  • No guaranteed results.
  • Information submitted will become part of your medical record.
  • Your provider’s initial text message will include their name and credentials.
  • You may withdraw consent anytime by emailing admin@belugahealth.com.
  • Your healthcare information may be shared as allowed by law or to prevent harm.

Call/Email/Text Consent:
You consent to allow Beluga or practitioners to contact you via phone, email, or text for treatment-related matters. Message/data rates may apply. You can revoke consent by emailing admin@belugahealth.com.

Validity:
This Informed Consent is valid for the entire course of treatment with Beluga.