1. Birdie’s Role and Your Relationship With Birdie

Birdie Management LLC (“Birdie”) provides a technology platform that facilitates communication and coordination with independent, licensed healthcare providers and pharmacy partners. Birdie does not practice medicine and does not provide medical care. No physician–patient relationship is created between you and Birdie or any of its employees, contractors, or representatives. All medical services are provided solely by independent physicians licensed in the state in which you are located.

The Services are not appropriate for all conditions. Do not use the Services for emergencies or crisis situations. If you believe you are experiencing a medical or mental health emergency, call 911 or seek immediate in-person care. Do not disregard or delay professional medical advice based on information obtained through the Services. Birdie is not responsible for the acts or omissions of any Provider or user.

The Services may include general health and wellness information, connections to licensed physicians, access to mail-order pharmacy services, telecommunications tools for provider consultations, administrative support (including scheduling, billing, and payment processing), and record-keeping related to your care—all delivered by independent third parties.

The Services are not medical treatment. All diagnosis and treatment decisions are made solely between you and your Provider. Other than direct communications from your Provider, nothing on the Services constitutes medical advice. Birdie does not recommend or endorse any Provider, medication, test, product, or procedure and makes no guarantees about outcomes, suitability, or effectiveness.

2. Platform Services

Telehealth

Birdie provides a technology platform that enables you to request virtual visits with independent, licensed healthcare professionals (“Providers”) and, when applicable, access mail-order pharmacy services for medications prescribed to you (collectively, the “Services”). The Services are delivered via telehealth, meaning care is provided through electronic communications when you and your Provider are not in the same physical location.

Your Provider will obtain your consent to receive telehealth services at the start of your visit. Telehealth may be used for evaluation, diagnosis, treatment, follow-up, and education, and may include secure electronic sharing of health information, audio/video/text communications, and transmission of data from medical devices or recordings.

Birdie uses technical safeguards designed to protect the confidentiality and integrity of your information; however, no electronic system is completely secure. You acknowledge the inherent risks of electronic transmission and agree that electronic communications and signatures have the same legal effect as written ones.

By accepting these Terms, you consent to receive notices, disclosures, reports, and other communications from Birdie, your Provider, and affiliated healthcare organizations electronically (including through your account or email). You are responsible for reviewing them. You agree that Birdie and the Providers will not be liable for any loss, injury, or claim arising from your failure to read such communications or follow treatment instructions.

Pharmacy

If a Provider issues you a prescription, you may select a pharmacy from Birdie’s contracted pharmacy network (the “Pharmacy Network”) or, where available, a pharmacy of your choice. You authorize Birdie to share your personal, health, and other necessary information with the Pharmacy Network or your selected pharmacy to facilitate prescription fulfillment and delivery.

Birdie offers compounded medications that are prepared by licensed compounding pharmacies. These customized formulations are not reviewed or approved by the U.S. Food and Drug Administration (FDA) and have not been evaluated in clinical studies for safety, effectiveness, or equivalence to FDA-approved drugs. Birdie is not endorsed or affiliated with FDA-approved drugs or their respective manufacturers. The medications offered by Birdie are not designed to diagnose, treat, cure, or prevent any medical condition. Any statements about potential benefits, safety, or weight-related outcomes refer solely to the known pharmacologic actions of the active ingredients and do not apply to the specific compounded products offered by Birdie. You agree to these terms and conditions by purchasing or using these products.

Third-Party Links and Features

The Services may include links, tools, or features provided by third parties (“Third-Party Services”). Birdie does not control these Third-Party Services and is not responsible for their content, accuracy, products, or services. Third-Party Services are offered for convenience only. Their inclusion does not mean Birdie endorses them. Your use of any Third-Party Services is at your own risk, and Birdie is not liable for any harm or loss caused by your interaction with them.

If you access the Services through a third-party platform, Birdie is not responsible for that platform’s content or policies. Only these Terms apply to your use of Birdie’s Services. No partnership, agency, or joint venture is created between Birdie and any user or third party. Birdie does not get involved in disputes between users or between users and third parties. If you have a dispute with another user or a third party, you release Birdie and its Related Parties from any claims related to that dispute.

3. Eligibility for Services

United States Residence

Birdie Management LLC operates from within the United States, and the Services are intended only for users located in the United States. We make no representation that the Services, or any content available through them, are appropriate or accessible outside the U.S. Some users or locations may be prohibited from accessing the Services. If you choose to use the Services from outside the United States, you do so at your own risk and are solely responsible for complying with all applicable local laws and regulations, including export and data laws. You acknowledge that you are physically located in the state you identify when using the Services. Providers and pharmacies rely on this information. If it is inaccurate, you agree to indemnify Birdie and its partners for any resulting claims, losses, or damages.

Age

The Services are intended for individuals who are at least 18 years old. By accessing or using the Services, you represent and warrant that the following are true:

• You are 18 years of age or older, or you have the express permission of a parent or legal guardian to use the Services. Certain Services may require you to be 21 years of age or older, and you will be notified if that applies.
• You reside in a state where Birdie offers the applicable Services.
• You agree to be legally bound by and to follow these Terms of Service.
• You understand that meeting these requirements does not guarantee that you will be approved to receive Services. Birdie and its affiliated professional entities may add, remove, or modify eligibility requirements at any time in their sole discretion without prior notice.

To use the Services, you must have compatible devices, reliable internet access, and any required software. Your mobile carrier or internet provider may charge fees for data usage or connectivity, and you are solely responsible for any such charges.

Truthful Information and Security

When you create an account, you agree to provide truthful, accurate, and complete information and to keep your account details current. If you fail to do so, or if Birdie has reason to believe your information is inaccurate, Birdie may suspend or terminate your account and your access to the Services.

You are responsible for keeping your login credentials confidential and for logging out of your account at the end of each session. All activity that occurs under your account is your responsibility. You agree to notify Birdie immediately if you become aware of any unauthorized access or security breach involving your account or the Services. Birdie may take any action it considers necessary to protect the integrity and security of the platform. If you believe your password has been compromised, you must change it right away. You may not share your password, allow others to access your account, create more than one account, or use another person’s account. Birdie is not liable for any losses or damages resulting from your failure to comply with this section.

4. Your Financial Responsibility and Payments

Birdie and the Providers do not accept insurance and do not participate in Medicare, Medicaid, or other federal or state healthcare programs. All Services and products are offered on a self-pay basis only, and you are solely responsible for all associated costs. If you are a beneficiary of any government healthcare program, you agree that no claims will be submitted for any Services or products you receive through Birdie.

You agree to pay all applicable fees for medications and other products you request in accordance with the prices and terms shown at checkout. Prices may change at any time at Birdie’s discretion. By providing payment information, you authorize Birdie, its affiliates, and payment processors to charge your selected method for approved transactions.

Amounts paid to Birdie cover the cost of products, including fulfillment and shipping. Birdie does not separately bill for Provider consultations. Except as required by law or stated in a Refund Policy, all sales are final once fulfillment begins. You are responsible for all charges to your account, including unauthorized transactions. Birdie may decline to fulfill any order if payment is not successfully processed. You are responsible for maintaining accurate and current payment information.

Charges are typically processed as a single transaction at purchase. Where offered, you may enroll in automatic refills or recurring billing, which will be clearly disclosed in advance and may be canceled at any time through customer support or your Provider.

5. Treatment Availability and Refunds

You acknowledge that all plans and treatment options depend on product availability, regulatory requirements, and other factors outside of Birdie’s control or the control of its network Providers and pharmacies. You agree to receive email notifications regarding changes to your plan or alternative options and to respond promptly to avoid interruptions in treatment. If a prescribed treatment becomes unavailable, a Birdie-network Provider may recommend an appropriate alternative. You may choose to accept the alternative or request a refund under the terms below.

If Birdie, through its pharmacy partners, cannot fulfill a treatment due to supply limitations, regulatory restrictions, or similar circumstances, you may be eligible for a prorated refund. The refund will be based on the portion of your prepaid plan that has not yet been shipped, less the cost of any product already provided. Instead of a refund, you may choose to receive a credit to your Birdie account to apply toward another eligible and available treatment plan. Approved refunds will generally be processed within 30 days.

By completing a purchase, you confirm that you understand and accept these terms.

6. Communications by Text Message and Email

By opting in to receive SMS messages from Birdie or sending Birdie an initial text, you consent to receive text messages related to your account and use of the Services. These may include order updates, shipping notices, provider communications, and—if you opt in—marketing messages.

By enrolling in SMS communications, you confirm that:
• You are authorized to use the mobile device provided
• You consent to applicable carrier charges
• You are responsible for all data and message fees
• Birdie and carriers are not liable for delayed or undelivered messages

You acknowledge that email and text communications are not encrypted and may not be secure. By choosing to communicate with Birdie via email or SMS, you accept this risk. Your use of the Services is not conditioned on agreeing to marketing texts. You may opt out at any time by replying “STOP.” For concerns about messaging, contact: support@withbirdie.com

7. Services Ownership

Birdie Management LLC owns all rights, title, and interest in the Services and all related content, features, and functionality, including but not limited to text, software, images, videos, audio, graphics, layout, design, and overall look and feel (collectively, the “Services Content”).

You may not copy, distribute, modify, reverse engineer, decompile, create derivative works from, publicly display, sell, transmit, or otherwise exploit any portion of the Services or Services Content unless expressly allowed by these Terms or authorized in writing by Birdie. Any enhancements, translations, adaptations, or derivative works created from the Services or Services Content are the exclusive property of Birdie or its licensors, together with all related intellectual property rights. You may not use the Services or Services Content for any commercial purpose.

Certain names, logos, and branding elements displayed through the Services are trademarks or service marks of Birdie or its affiliates (the “Marks”). You may not use any such Marks without Birdie’s prior written consent. All goodwill associated with the Marks belongs to Birdie or its affiliates.

Provided you comply with these Terms, Birdie grants you a limited, personal, non-transferable, non-exclusive, and revocable license to access and use the Services and Services Content solely for your personal, non-commercial purposes and only as permitted by these Terms and the Privacy Policy. No ownership rights are transferred to you, and all rights not expressly granted are reserved by Birdie and its licensors.

8. User Content and Birdie’s License to Use Such Content

Except as stated in our Privacy Policy or required by applicable federal and state privacy laws, any information you submit through the Services—whether by form entry, message, email, or otherwise—including questions, comments, feedback, and forum posts (“User Content”), is considered non-confidential and non-proprietary.

To the extent permitted by law, User Content becomes the property of Birdie and/or its affiliated healthcare providers or physician practices. Birdie may use such User Content for any lawful purpose, including copying, publishing, analyzing, disclosing, and using it to develop and promote products and services, without compensation to you. You grant Birdie, its service providers, affiliates, successors, assigns, and affiliated healthcare providers a broad, transferable license to use, reproduce, modify, analyze, display, perform, distribute, and share your User Content for purposes that include providing Services to you, improving and marketing the Services, conducting research and analytics, and developing current or future features, products, and offerings.

You understand that any User Content you post in public areas of the Services may be viewed and copied by other users and potentially by the public. Birdie is not responsible or liable for User Content posted in any public forum, nor for any claims, damages, or losses arising from the use of such forums or their content.

You also agree that Birdie may access, preserve, monitor, and disclose your information and User Content if required by law or in good faith belief that such action is reasonably necessary to: Provide customer support; Comply with legal processes; Enforce these Terms, the Privacy Policy, or other agreements; Respond to claims of rights violations; Protect the rights, property, or safety of Birdie, its users, and the public, including fraud and security prevention efforts.

9. Restrictions on Use

By accessing or using the Services, you acknowledge and agree that you will not, and will not attempt to, directly or indirectly:

• Engage in any unlawful, fraudulent, deceptive, abusive, threatening, defamatory, hateful, obscene, violent, discriminatory, misleading, or otherwise harmful conduct, including impersonating any person or entity or misrepresenting your identity.

• Interfere with, disrupt, damage, or compromise the operation, security, integrity, or availability of the Services, including by attempting to gain unauthorized access to any systems or networks, circumventing technological safeguards, introducing viruses, malware, Trojan horses, or other harmful code, or using bots, scrapers, spiders, or other automated means without Birdie Management LLC’s prior written consent.

• Copy, monitor, reproduce, distribute, aggregate, store, modify, reverse engineer, decompile, disassemble, translate, frame, sell, license, sublicense, assign, transfer, or otherwise exploit the Services or any Services Content, in whole or in part, except as expressly permitted under these Terms of Service.

• Remove, alter, or obscure any copyright, trademark, or other proprietary notices or Marks displayed in or through the Services.

• Infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other rights of Birdie Management LLC or any third party.

• Use the Services for any commercial purpose, competitive purpose, or in any manner that is detrimental to Birdie Management LLC’s business interests or exceeds the scope of the rights granted to you under these Terms of Service.

• Send any unsolicited advertising, promotional communications, spam, or other unauthorized solicitations through or in connection with the Services.

• Encourage, assist, or enable any other person or entity to engage in any of the foregoing prohibited activities.

10. Privacy

Please review our Privacy Policy to understand how we collect, use, and safeguard your data. The Privacy Policy is incorporated into these Terms of Service and forms part of this Agreement.

11. Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

To the fullest extent permitted by law, Birdie Management LLC and its affiliates, officers, directors, members, employees, contractors, and agents (collectively, the “Related Parties”) disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, title, availability, accuracy, completeness, reliability, security, quiet enjoyment, and freedom from viruses or malware.

Birdie makes no guarantees regarding the qualifications, expertise, quality, pricing, or availability of any Provider or pharmacy. Birdie does not endorse or recommend any particular Provider or pharmacy. Any content made available through the Services is for informational and connection purposes only and should not replace professional medical advice. You should never delay or avoid seeking medical care from a qualified healthcare professional based on information obtained through the Services.

Birdie does not guarantee uninterrupted, error-free, or secure operation of the Services and disclaims liability for disruptions, delays, cyberattacks, viruses, hacking, data loss, or other security incidents.

To the maximum extent allowed by law, Birdie and the Related Parties are not responsible for any loss or damage resulting from your reliance on information from the Services. You are responsible for evaluating the accuracy, usefulness, and reliability of all content. You understand and agree that any materials or information you obtain through the Services are used at your own risk, and you are solely responsible for any damage to your devices or loss of data resulting from such use.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIRDIE MANAGEMENT LLC, ITS AFFILIATES, LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AND CONTRACTORS (COLLECTIVELY, THE “RELATED PARTIES”) SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, DAMAGES, OR EXPENSES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES.

This includes, without limitation, any indirect, incidental, special, consequential, punitive, or exemplary damages, such as loss of revenue, profits, goodwill, data, service interruption, device damage, system failure, emotional distress, personal injury, or death, whether based in contract, tort (including negligence), strict liability, statute, or any other legal theory—even if Birdie has been advised of the possibility of such damages.

To the fullest extent allowed by law, Birdie’s total cumulative liability to you for any and all claims shall not exceed the total amount you paid to Birdie for Services in the twelve (12) months preceding the claim. If you are a California resident, you expressly waive California Civil Code §1542, which states that a general release does not extend to claims unknown or unsuspected at the time of the release. Some states do not allow limitations on certain warranties or liabilities. If those laws apply to you, parts of this section may not apply. If you live in a state that allows these limitations, they apply in full.

13. Indemnification

You agree to defend, indemnify, and hold harmless Birdie Management LLC and its affiliates, officers, directors, employees, contractors, licensors, service providers, agents, successors, and assigns from and against any third-party claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use or misuse of the Services
• Your violation of any law or regulation
• Your breach of these Terms of Service
• Your fraud, negligence, or willful misconduct

14. Governing Law; Dispute Resolution; Arbitration; Venue; Severability

IMPORTANT NOTICE: PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. BY AGREEING TO THESE TERMS, YOU AND BIRDIE MANAGEMENT LLC (“BIRDIE”) AGREE THAT ALL DISPUTES MUST BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION ONLY AND THAT YOU ARE WAIVING ANY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.

Governing Law

These Terms of Service and any dispute arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.

Mandatory Binding Arbitration; Exclusive Dispute Resolution

You and Birdie agree that any and all disputes, claims, or controversies of any kind—whether known or unknown, past, present, or future—arising out of or relating to (I) These Terms of Service, (II) The Services or any content, (III) Any communications with Birdie (IV) Your relationship with Birdie shall be resolved exclusively through final and binding individual arbitration and not in any court of law. This agreement applies to all claims under any legal theory, including contract, tort, statute, regulation, fraud, misrepresentation, or equity.

The arbitrator—and not any court—shall have exclusive authority to resolve any dispute relating to the interpretation, scope, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable.

California-Specific Waivers; PAGA

To the fullest extent permitted by California law:

• Any claim under the California Private Attorneys General Act (“PAGA”) must be brought in individual arbitration only.
• You waive the right to bring or participate in any representative, collective, or private attorney general action against Birdie in court or arbitration.
• If any portion of this PAGA waiver is found unenforceable, that portion shall be severed and the remaining claims shall still be arbitrated individually.

Arbitration Administration

This arbitration agreement is governed by the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by these Terms. AAA Rules are available at: www.adr.org | 1-800-778-7879

Notice of Dispute and Pre-Arbitration Resolution

Before initiating arbitration, you must send Birdie a written Notice of Arbitration by certified U.S. Mail to:
Birdie Management LLC
Attn: Legal Department
PO Box 2234
Lake Arrowhead, CA 92352

The Notice must include:
• Your name and account identifier
• A detailed description of the dispute
• The specific relief requested

The parties agree to attempt good-faith resolution for thirty (30) days before arbitration may begin.

Arbitration Proceedings

Unless Birdie agrees otherwise, Arbitration will occur in your billing address state and county. For claims of $10,000 or less, arbitration may proceed by written submissions only; video/telephonic hearing; In-person hearing under AAA Rules.

Any claim must be brought within one (1) year after it arises or it will be permanently barred.

The arbitrator shall issue a written, reasoned decision. The arbitrator may award only the relief available in an individual action and may not award class, collective, representative, or public injunctive relief.

Class, Collective, and Representative Action Waiver

YOU AND BIRDIE AGREE THAT ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY. YOU MAY NOT PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION AGAINST BIRDIE.

Severability and Survival

This Section shall survive termination of these Terms. If any portion is found unenforceable, it shall be modified to the minimum extent necessary to enforce the parties’ intent to require binding individual arbitration, and the remaining provisions shall remain in full force and effect.

15. Copyright Notices

Birdie Management LLC reserves the right to remove any content or materials available through the Services at any time and for any reason. Birdie complies with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, and responds to properly submitted notices of alleged copyright infringement. If you believe that content available through the Services infringes your copyright, you may submit a notification to: Birdie, PO Box 2234, Lake Arrowhead, CA 92352, and include all of the following:
• Identification of the copyrighted work you claim has been infringed; along with identification of the material you claim is infringing and where it appears on the Services.
• A statement that you have good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
• Your address, phone number, and email.
• A statement that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
• A signature of a person authorized to act on behalf of the copyright owner.

16. Miscellaneous

Birdie’s failure to enforce any part of these Terms does not waive its right to do so later. Nothing in these Terms creates a partnership, employment, or agency relationship between you and Birdie. You agree that violating these Terms may cause irreparable harm to Birdie and that Birdie may seek injunctive or equitable relief in addition to other legal remedies. You may not assign your rights under these Terms. Birdie may transfer its rights and obligations in connection with a merger, sale, or business transfer. These Terms represent the entire agreement between you and Birdie Management LLC regarding the Services and replace all prior agreements or understandings.

17. Changes to the Terms and the Services

Birdie may update or modify these Terms of Service at any time in its sole discretion. You should review the Terms regularly. Any changes take effect when posted, unless the law requires additional notice. If you do not agree to the updated Terms, your only remedy is to stop using the Services. Continued use of the Services after changes are posted means you accept them.

You also acknowledge and agree that:

• The Services may be unavailable at times for maintenance, updates, or other reasons.
• Birdie is not liable if the Services are unavailable at any time or for any period.
• Birdie may modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice, and without liability to you or any third party.

18. Termination

These Terms remain in effect as long as you access or use the Services. You may end your relationship with Birdie at any time by stopping use of the Services. Your authorization to use the Services automatically ends if you violate these Terms. Birdie may suspend or terminate your access to the Services, with or without notice, at any time and for any reason, including for violations of these Terms. The following sections survive termination: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law; Dispute Resolution; Arbitration; Venue; Severability.

Subject to applicable law, Birdie may retain or delete communications and content in accordance with its record retention policies. After termination, Birdie has no obligation to continue providing the Services, except as required by law or professional obligations of Providers and pharmacies, including access to health records or continuity of care. If your access is terminated, you agree not to attempt to use the Services again. If you do, you agree to indemnify Birdie for any resulting liability.

19. Contact Us

If you have any questions about these terms and services, please contact us at support@withbirdie.com or legal@withbirdie.com.