Terms of service
Eir Services Group, LLC d/b/a Timber Health
Effective Date: October 07, 2026 | Last Updated: October 07, 2026 | Version 1.8
1. Agreement and Acceptance
- These Terms of Service, together with any posted policies, product-specific consents, payment disclosures, the Privacy Policy, the SMS & Messaging Terms, any applicable Notice of Privacy Practices, any telehealth consent, and any other terms presented to you in connection with the Services (collectively, the "Terms"), govern your access to and use of websites, mobile interfaces, applications, intake tools, messaging tools, care-coordination services, educational materials, customer-support services, payment flows, pharmacy-coordination flows, laboratory-coordination flows, and related products or services made available by Eir Services Group, LLC doing business as Timber Health ("Timber Health," "we," "us," or "our").
- Acceptance. By clicking "I agree," checking an acceptance box, creating an account, submitting intake information, purchasing or subscribing to any Service, communicating with a care team through the Services, or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not access or use the Services.
- Agency authority. If any person accepts these Terms on behalf of another person or entity, that person represents that he or she has authority to bind the other person or entity. Timber Health may rely on that acceptance. The Services are intended for personal use by the individual patient-user and not for resale, redistribution, or use on behalf of another person unless expressly authorized by Timber Health and permitted by law.
- Changes. We may revise these Terms from time to time. Unless we state otherwise, changes are effective when posted or otherwise made available through the Services. Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms. If you do not agree to changes, your sole remedy is to stop using the Services and cancel any subscription in accordance with these Terms.
2. Definitions
- *"Services"* means the Timber Health website(s), application(s), account tools, intake questionnaires, educational content, non-clinical care-coordination and coaching services, customer-support services, payment tools, telehealth facilitation tools, pharmacy-coordination services, laboratory-coordination services, refill and subscription administration, and any related products or services offered or facilitated by Timber Health.
- *"Platform"* means the technology interfaces and workflows made available by or on behalf of Timber Health, a Medical Group, Provider, Pharmacy, Laboratory, or Vendor to facilitate the Services.
- *"Medical Group" or "Professional Entity"* means one or more independent professional medical corporations, professional associations, professional limited liability companies, or other licensed professional entities that employ or contract with Providers and that may provide healthcare services through or in connection with the Services.
- *"Provider"* means an independently licensed physician, nurse practitioner, physician assistant, or other licensed healthcare professional who provides clinical services, evaluates patients, orders laboratory testing, issues prescriptions when medically appropriate, and manages treatment. Providers are not employees or agents of Timber Health unless expressly stated in writing and permitted by law. The Providers accessible through the Services include the independent licensed clinicians in the Arora Health network and, for standalone lab panels, the independent licensed physicians of the physician group engaged by Junction, our laboratory-services platform. Together with the pharmacists of the dispensing Pharmacy, these licensed professionals are your "Clinical Team": the people who provide medical advice, evaluate, diagnose, treat, and make every prescribing decision.
- *"Pharmacy" or "Pharmacies"* means one or more independently owned and licensed pharmacies, compounding pharmacies, outsourcing facilities, or pharmacy-related vendors that may dispense, compound, package, label, transfer, ship, or otherwise fulfill prescription products. The default integrated Pharmacy for the Services is The Pharmacy Hub, a licensed pharmacy located in Miami, Florida; contact information for The Pharmacy Hub appears in the Notices and Contact Information section of these Terms.
- *"Laboratory" or "Labs"* means independent laboratories, diagnostic vendors, sample-collection vendors, or other entities that provide testing, blood draws, specimen kits, diagnostics, or related services.
- *"Care Team"* means Timber Health personnel or contractor personnel — for example, Health & Wellness Coaches and Customer Support Advocates — who provide non-clinical coordination, administrative support, onboarding assistance, scheduling support, coaching, benefits or billing support, refill coordination, and communications support. Care Team members are not part of your Clinical Team: they do not provide medical advice, diagnose, treat, prescribe, or override Provider clinical judgment.
- *"Prescription Product"* means any drug, biologic, hormone, peptide, device, or other product that requires a valid prescription or order from a licensed Provider.
- *"Compounded Product"* means a medication or product compounded by or under the responsibility of a Pharmacy or outsourcing facility pursuant to applicable law, including, where applicable, Section 503A or Section 503B of the Federal Food, Drug, and Cosmetic Act and state pharmacy laws.
- *"Protected Information"* means protected health information as defined under HIPAA when HIPAA applies, and other medical, health, genetic, biometric, reproductive, sensitive, or personal information protected by applicable federal or state law.
3. Services Overview
- Timber Health provides a care-coordination and technology-enabled administrative service intended to help eligible users access independent licensed Providers, communicate with care teams, complete intake and follow-up workflows, coordinate lab or diagnostic testing when clinically indicated, coordinate prescription fulfillment through licensed Pharmacies when a Provider issues a valid prescription, and receive non-clinical coaching and administrative support related to treatment plans.
- No guarantee of care, prescription, product, or outcome. Use of the Services does not guarantee that you will be eligible for a consultation, receive a diagnosis, receive a prescription, receive any particular medication or dose, receive a compounded product, achieve any health, wellness, hormone, body-composition, sexual-health, energy, fertility, performance, or other outcome, or be able to continue any program or pricing indefinitely.
- Scope may change. Products, programs, Providers, Medical Groups, Pharmacies, Labs, states of availability, pricing, membership benefits, subscription intervals, and related services may change, pause, or be discontinued at any time, subject to applicable law and any specific notice obligations.
4. Timber Health Is a Non-Clinical Management Services and Technology Platform
- Timber Health is a management services organization that provides non-clinical technology, administrative, and support services to the independent Medical Groups in the Arora Health network and to you. Timber Health is not a medical practice, healthcare provider, pharmacy, pharmacist, laboratory, insurer, pharmacy benefit manager, or governmental or commercial payer. Timber Health does not practice medicine, nursing, pharmacy, or laboratory science. Timber Health does not diagnose, treat, prescribe, compound, dispense, fill, label, or ship medications. Timber Health does not control or interfere with the professional judgment of Providers, Medical Groups, Pharmacies, pharmacists, Laboratories, or other licensed professionals.
- By using the Services, you establish a direct customer relationship with Timber Health for access to non-clinical services and technology-enabled coordination. You do not establish a Provider-patient relationship with Timber Health. A Provider-patient relationship may be formed between you and a Provider or Medical Group if and when a Provider accepts you for clinical services, completes any required intake or consultation process, and determines that a professional relationship has been established under applicable law.
- Timber Health may provide non-clinical administrative support to Medical Groups, Providers, Pharmacies, Labs, and Vendors, including scheduling, intake support, payment collection, communications routing, technology support, customer support, care navigation, and subscription administration. Timber Health may collect fees for its non-clinical Services and may collect amounts on behalf of Medical Groups, Pharmacies, Labs, or Vendors when disclosed or permitted by law.
5. Independent Providers, Professional Entities, Pharmacies, and Laboratories
- Independent clinical judgment. Providers and Medical Groups are solely responsible for clinical services, including medical evaluation, diagnosis, medical advice, laboratory orders, treatment recommendations, prescriptions, dosage decisions, follow-up requirements, discontinuation decisions, referrals, and patient records. Providers may decline, change, pause, or discontinue treatment when they determine it is clinically appropriate or required by law.
- Independent pharmacy services. Pharmacies and pharmacists are solely responsible for professional pharmacy services, including prescription review, compounding, dispensing, packaging, labeling, counseling, substitution decisions, shipping decisions, transfers, and compliance with pharmacy laws. A Pharmacy may decline to fill, compound, or ship any prescription.
- Independent laboratory services. Laboratories are solely responsible for specimen collection, testing, analysis, reporting, quality controls, and any laboratory services. Testing may be delayed, unavailable, canceled, or require repeat collection.
- Third-party beneficiaries. Medical Groups, Providers, Pharmacies, Labs, payment processors, technology vendors, fulfillment vendors, and other third parties involved in providing or supporting the Services are intended third-party beneficiaries of these Terms to the extent these Terms relate to services, products, data, claims, limitations, releases, arbitration, indemnification, or protections applicable to them.
6. No Medical Advice by Timber Health; Educational Content and Coaching
- Content made available by Timber Health, including articles, intake prompts, program descriptions, coaching materials, lifestyle guidance, reminders, product descriptions, dosage education, injection education, hormone or peptide information, and wellness information, is for general informational and care-coordination purposes only unless expressly provided by a Provider as part of clinical care. Timber Health content is not medical advice, diagnosis, treatment, or a substitute for individualized evaluation by a licensed healthcare professional.
- Care Team coaching, guidance, lifestyle education, nutrition support, adherence reminders, and administrative guidance are not medical advice and are not intended to replace instructions from your Provider, pharmacist, or another qualified professional. In the event of a conflict between Timber Health content or Care Team communications and instructions from your Provider or pharmacist, you should follow the Provider or pharmacist instructions or seek clarification from them.
- Timber Health does not recommend or endorse any particular Provider, Pharmacy, Lab, medication, peptide, hormone, compounded formulation, dose, product, test, procedure, device, protocol, or treatment plan. All treatment decisions rest with the applicable Provider and patient.
7. Telehealth Consent and Telehealth Limitations
- The Services may involve telehealth. Telehealth uses electronic communications, asynchronous questionnaires, secure messaging, phone, video, remote monitoring, electronic health records, laboratory results, photographs, and other technologies to support healthcare services when the patient and Provider are not in the same physical location.
- Telehealth may offer convenience and access benefits, but it has limitations and risks. Information transmitted electronically may be incomplete, delayed, interrupted, misdirected, corrupted, or less complete than information obtained during an in-person visit. A Provider may determine that telehealth is not appropriate for your condition or that an in-person visit, physical examination, local laboratory testing, imaging, urgent care, specialist referral, or primary-care follow-up is required.
- Before receiving clinical services, you may be required to review and agree to a separate telehealth consent, patient consent, informed consent, product-specific consent, or Medical Group policy. Those consents are incorporated into these Terms to the extent presented to you and accepted by you. Timber Health, Medical Groups, Providers, Pharmacies, and Labs may enforce such consents as third-party beneficiaries.
- Laboratory orders. Every laboratory order placed through Junction, our laboratory-services platform — a standalone lab panel and a panel your treatment program requires alike — is subject to the Telehealth Consent Form of Junction and its affiliated physician groups, which is presented to you, with a link to the full form, and accepted by you before the order is placed. That consent governs the telehealth consultation in which a licensed clinician reviews and issues your lab order; it is separate from, and does not replace, the Timber Health Telehealth Informed Consent and any treatment-specific consent issued by your Medical Group, which apply to your treatment-program care. The current form is posted at https://timberhealth.co/lab-telehealth-consent.
8. Eligibility, Availability, and Location Certifications
- The Services are intended only for individuals who are at least eighteen (18) years old, are located in the United States, are located in a state where the applicable Services are available, can form a binding contract, provide truthful and complete information, and accept these Terms. Certain Services, Prescription Products, hormone programs, peptide programs, controlled-substance programs, laboratory services, or Pharmacy fulfillment options may be subject to additional age, sex, health, laboratory, state, identity-verification, or clinical requirements.
- Location certification. Each time you use the Services for a consultation, follow-up, refill, prescription, laboratory order, or clinical communication, you represent and warrant that you are physically located in the state you identify and, if applicable, the same state associated with your shipping address or treatment record. Providers, Medical Groups, Pharmacies, Labs, and Timber Health may rely on this certification.
- State availability. Services are available only where Timber Health, Medical Groups, Providers, Pharmacies, Labs, and Vendors can provide or facilitate them in compliance with applicable law. Timber Health may restrict or discontinue Services in any jurisdiction at any time. A current statement of the states in which the Services are available is published on the Platform and linked from the website footer.
9. Account Registration, Access, and Security
- You may be required to create an account to access some or all Services. You agree to provide true, accurate, current, and complete account, identity, contact, billing, shipping, medical, laboratory, medication, allergy, and health-history information, and to promptly update that information if it changes.
- You are responsible for maintaining the confidentiality and security of your username, password, devices, email account, phone, and other authentication methods. You are responsible for all activity under your account, whether or not authorized by you, except to the extent prohibited by law. You must notify Timber Health immediately if you suspect unauthorized account access, impersonation, payment fraud, loss of device, or other security issue.
- Timber Health may suspend, terminate, or restrict your account or access to the Services if we believe information is inaccurate, incomplete, fraudulent, unsafe, unlawful, or inconsistent with these Terms, or if continued access may create legal, regulatory, clinical, pharmacy, security, payment, or safety risk.
10. Required Information, Identity Verification, Labs, and Monitoring
- You have a duty to provide truthful, accurate, current, and complete information in all intake forms, questionnaires, messages, photographs, identification workflows, lab workflows, follow-up questionnaires, adverse-event reports, payment forms, and communications. You must not omit information that could be relevant to your care, including medication use, supplements, substances, allergies, medical conditions, surgeries, symptoms, pregnancy status, fertility goals, lab results, substance use, prior adverse reactions, psychiatric history, cardiovascular history, cancer history, endocrine conditions, or other material information.
- You authorize Timber Health and applicable third parties to perform identity verification, fraud prevention, sanctions screening, address verification, age verification, payment verification, and, where applicable and legally permitted, controlled-substance or prescription-monitoring checks. You may be required to provide government identification, a photograph, a live video check, a signature, laboratory results, medical records, or other documentation before or during treatment.
- For hormone therapy, testosterone replacement therapy, peptide therapy, or other programs that require monitoring, you agree to complete required baseline and follow-up laboratory tests, questionnaires, vital-sign submissions, blood-pressure readings, visits, messages, or other monitoring as directed by your Provider. Failure to complete monitoring may result in delayed care, refusal to prescribe, non-renewal, cancellation, discontinuation, or referral for in-person care.
11. Prescription Products and Clinical Decision-Making
- Certain products available through the Services require a valid prescription or order from a licensed Provider. You will not receive a Prescription Product unless a Provider determines, in the Provider's independent professional judgment, that the product is clinically appropriate, legally permissible, and supported by sufficient information, and the Provider issues a valid prescription or order.
- Providers may decline to prescribe, refuse refills, require additional information, require labs, require an in-person examination, require specialist clearance, change the dose or formulation, discontinue medication, or refer you elsewhere. Timber Health cannot override a Provider's decision. Your preference for a product, dose, peptide, hormone, route of administration, or pharmacy does not require a Provider to prescribe it or a Pharmacy to dispense it.
- If a Provider issues a prescription, the prescription may be sent to a Pharmacy accessible through the Services or, where permitted and operationally available, to a pharmacy you choose. If you use a pharmacy outside the Services, you are responsible for that pharmacy's pricing, policies, pickup or delivery, counseling, insurance or cash-pay procedures, and any related terms.
12. Testosterone, Hormone Therapy, Peptide, and Controlled-Substance Programs
- Hormone and TRT programs. Testosterone replacement therapy and other hormone-related services are not appropriate for all patients. They may require diagnosis, baseline and follow-up laboratory testing, symptom review, contraindication screening, fertility counseling, adverse-event monitoring, dosage adjustments, and periodic Provider review. Treatment may be declined or discontinued if clinically inappropriate, if laboratory values are abnormal, if monitoring is incomplete, or if required by law.
- Controlled substances. Certain testosterone products, anabolic steroids, hormones, or related products may be controlled substances under federal or state law. Controlled-substance prescribing and dispensing may require Provider registration, Pharmacy registration, prescription-monitoring program review, identity verification, state-specific documentation, in-person evaluation, quantity limits, refill restrictions, signature requirements, counseling, or other safeguards. Timber Health does not guarantee that controlled-substance prescriptions will be available through telehealth or any Pharmacy.
- Peptides and similar products. Peptide therapies and related products may be subject to evolving federal and state rules, FDA policies, pharmacy compounding restrictions, availability limitations, stability considerations, storage requirements, sterility requirements, route-specific risks, and clinical uncertainties. Some peptides or peptide formulations may not be FDA-approved for a particular use, may be compounded only under specific legal conditions, or may be unavailable through the Services.
- No performance, athletic, cosmetic, or nonmedical misuse. You agree not to use the Services to obtain hormones, peptides, anabolic steroids, controlled substances, or any Prescription Product for bodybuilding, athletic performance enhancement, cosmetic misuse, resale, diversion, sharing, use by another person, non-prescribed administration, or any unlawful purpose. You agree to use any Prescription Product only as prescribed by your Provider and dispensed by the Pharmacy.
- Lost, stolen, or early refills. Lost, stolen, damaged, misdelivered, seized, confiscated, or destroyed medications, especially controlled substances, may not be replaced. Early refill requests may be denied. Timber Health, Providers, and Pharmacies may report suspected diversion, misuse, fraud, or unlawful activity to appropriate authorities as permitted or required by law.
13. Compounded Medications and Pharmacy Fulfillment
- Some Prescription Products may be Compounded Products. Compounded Products are prepared by or under the responsibility of a Pharmacy or outsourcing facility based on a valid prescription or order and applicable legal requirements. Compounded Products are not FDA-approved, and the FDA does not verify their safety, effectiveness, or quality before marketing. Compounded Products may have different risks, inactive ingredients, strengths, delivery systems, stability, sterility considerations, labeling, storage instructions, beyond-use dates, and dosing instructions than FDA-approved drugs.
- A Provider may prescribe a Compounded Product only when the Provider determines that it is clinically appropriate and legally permissible. A Pharmacy may decline to compound or dispense a product, substitute a formulation when permitted, require additional information, transfer a prescription, or determine that a product is unavailable. Timber Health does not compound, manufacture, test, label, dispense, or ship Compounded Products and is not responsible for Pharmacy professional judgment or pharmacy operations.
- Compounded Products may not be dispensed in child-resistant packaging or containers. You are responsible for reading all labels, package inserts, instructions, syringes, supplies, storage requirements, beyond-use dates, and pharmacist communications; using products only as prescribed; keeping products secure and away from children, pets, and others; disposing of products and sharps safely; and contacting your Provider or pharmacist with questions.
- If you request a specific Pharmacy, Timber Health may support routing when operationally feasible and legally permissible, but cannot guarantee that a Pharmacy will accept, compound, dispense, ship, or transfer a prescription.
- Patient-directed external fulfillment. You always have the right to have any prescription filled at a pharmacy of your choice. If you direct that a prescription be transmitted to a pharmacy other than the integrated Pharmacy (an "External Pharmacy"): (a) all amounts charged by the External Pharmacy — including medication cost, dispensing fees, shipping, and taxes — are solely your responsibility and are paid by you directly to that pharmacy; (b) your program price is unchanged, and no refund, credit, or price reduction, in whole or in part (including any medication component of the program price), is provided because you elected external fulfillment, as disclosed at checkout and further described in the Refund & Cancellation Policy; (c) Timber Health does not coordinate benefits and does not interact, contract, or communicate with any commercial insurer, pharmacy benefit manager, or federal or state health care program in connection with External Pharmacy fulfillment — whether an External Pharmacy accepts insurance, and any claim you choose to submit to any payor, is solely between you and that pharmacy or payor, no aspect of the Services is a covered benefit, Timber Health provides no claims assistance, and no reimbursement is guaranteed; and (d) the External Pharmacy is not a vendor, agent, partner, or affiliate of Timber Health, is not recommended or endorsed by Timber Health, and its services, pricing, availability, counseling, and acts or omissions are outside the Services.
14. Laboratory Testing and Diagnostic Services
- Some Services involve laboratory testing — monitoring panels that support a treatment program, and standalone lab panels (the "Lab Testing" service) that you may purchase without enrolling in a treatment program. Every test is ordered by a Provider licensed in the state where you are located, in the Provider's independent clinical judgment — monitoring panels by your treating Provider, and standalone lab panels by a physician of the physician group engaged by Junction, our laboratory-services platform, on the basis of your request and intake; Timber Health does not order tests, and a purchase does not guarantee that a test will be ordered. Before any order is placed through Junction you review and accept the Telehealth Consent Form of Junction and its affiliated physician groups (see Section 7). In Hawaii, North Dakota, and Rhode Island, laboratory testing that your treatment program requires is ordered by your own outside clinician (for example, your primary care provider) rather than through the Services; you upload the results to your account, and your treating Provider reviews them before your visit — where a program requires laboratory results before treatment, the results must be on file before the visit can be held. Every testosterone program requires quarterly laboratory testing: the quarterly panel is included in the price of the Comprehensive testosterone program and is charged separately, as its own itemized line, on the other testosterone programs. In New York and New Jersey, the laboratory bills you directly for every panel, including the panels your treatment program requires, and Timber Health charges its lab service fee in place of the panel price (see "New York and New Jersey" below). Specimens are collected by blood draw at the performing laboratory's patient service centers, where the laboratory verifies your identity; at-home collection kits are not offered. You agree to follow all instructions for collection, fasting, timing, shipping, storage, chain-of-custody, lab visits, and repeat testing.
- Laboratory results have limitations and may be delayed, inconclusive, inaccurate, affected by specimen quality, affected by timing, or require repeat testing. Testing coordinated through the Services is not a substitute for comprehensive primary care, preventive care, specialist care, cancer screening, emergency care, or evaluation of unrelated symptoms.
- Providers or Labs may attempt to contact you about critical or concerning results, but you are responsible for reviewing results, maintaining current contact information, responding to messages, completing follow-up, and seeking urgent or in-person care when appropriate.
- Lab Testing purchase terms. A standalone lab panel is a one-time purchase, not a subscription, and no automatic renewal applies. Where the panel is purchased through Timber Health, the panel fee is charged at checkout and is refunded in full if your specimen is never drawn or no order is issued; once your specimen has been collected, the fee is retained even if results are pending, delayed, or require repeat testing. Where a new-patient introductory price is offered, the standard price and the conditions of the introductory price are shown alongside it. Results are delivered to you through your account with reference ranges; the ordering Provider reviews critical and abnormal values, will contact you about critical values, and may offer follow-up on abnormal results. Lab Testing is an access and value service, not a diagnosis service, and it does not replace care from your own clinicians.
- New York and New Jersey. State law requires the laboratory to bill you directly for laboratory services. If you are located in New York or New Jersey, every lab panel — a panel your treatment program requires and a standalone lab panel alike — is performed and billed by BioReference Laboratories: the laboratory's charge is your direct obligation to the laboratory at the laboratory's price, and in place of the panel price Timber Health charges a separately stated lab service fee (a flat amount per lab order, shown before you pay, and the same whether or not you are a new patient); on the Comprehensive testosterone program the lab service fee is included in your program price, and the laboratory still bills you directly for the lab work. For a standalone lab panel, the physician-order fee is passed through to you at the physician group's price without markup. Package and introductory prices do not apply; Timber Health's refund-if-never-drawn rule applies to the lab service fee. Patients residing in New York and New Jersey have the right under their respective state patient billing laws to request an itemized price list from Timber Health for their laboratory tests. To request one, contact Customer Support through your account, by chat, or by phone at +1 (201) 283-8474. In New York, results are released to you under the ordering Provider's consent as state law requires. Lab Testing is not offered in Hawaii, North Dakota, Rhode Island, or Mississippi.
15. Subscriptions, Memberships, Payment, and Billing
- Certain Services, memberships, refill programs, coaching programs, monitoring programs, medication plans, or products may be offered on an automatically renewing subscription basis. The applicable checkout page, plan page, order summary, or disclosure will identify the recurring price, billing interval, renewal cadence, included services, and cancellation method. By purchasing a subscription, you authorize Timber Health, its affiliates, or its payment processors to charge your selected payment method at the disclosed recurring intervals until you cancel or the subscription is otherwise terminated. Your first renewal charge falls one billing period after your Provider approves treatment; no renewal charge occurs while your initial evaluation is pending. Weight-management programs bill monthly; other programs bill quarterly with a three-month minimum term, and the quarterly charge is disclosed at checkout. Timber Health does not offer prepaid semi-annual or annual terms. Promotional pricing. From time to time Timber Health may offer a promotional price on a program or a lab panel (for example, a new-patient introductory price). Every promotional price is identified as such and is shown together with the standard price and the conditions of the promotion; for an automatically renewing program, the price that applies after the promotional period and the date of the first charge at that price are disclosed before you pay, restated in your confirmation, and restated in a reminder sent before the promotional period ends. No free trial is offered.
- Single total price. For convenience, you may be presented with a single total price. That total price may include amounts charged for Timber Health non-clinical Services, Provider or Medical Group clinical services, Pharmacy medication or dispensing services, Lab services, shipping, handling, taxes, and Vendor services. Timber Health may collect amounts on behalf of Medical Groups, Pharmacies, Labs, or Vendors and remit the applicable portions to them, where permitted by law.
- Branded weight-management medication. Where your program includes a branded medication whose price depends on the strength and form your Provider prescribes, checkout charges the program's maximum price for that medication and, once your prescription is written, the difference between that maximum and the price of the medication actually prescribed is refunded automatically to your original payment method. Later billing cycles are charged at the price of the medication in force.
- Renewal timing. Your renewal cycle is anchored to the date your Provider approves treatment. To support continuity of care and shipping, renewal orders enter processing — clinical review, Pharmacy processing, and shipment preparation — three (3) business days before the scheduled renewal date, as disclosed at checkout and in every pre-charge reminder; processing may also account for weekends, holidays, supply availability, temperature-sensitive shipping, and Provider review.
- Payment method authorization. You represent that you are authorized to use each payment method you provide. You authorize charges for amounts due, including recurring charges, taxes, shipping, handling, late amounts, chargeback amounts, and any agreed fees. If a payment method fails, we or our payment processors may retry, request updated payment information, obtain updated card information from card networks where permitted, suspend Services, cancel orders, or seek payment by another lawful method.
- Price changes. Prices, plan structures, membership benefits, Pharmacy costs, Lab costs, shipping costs, taxes, and clinical fees may change. We will provide notice of price changes when required by law or by the applicable plan terms. Your continued subscription after a price change becomes effective constitutes acceptance of the new price.
16. Cancellations, Renewals, Refunds, Returns, and Treatment Availability
- You may cancel a subscription at any time through your online account at https://timberhealth.co — online cancellation is available without a phone call and is at least as easy as enrollment — or with Customer Support by chat in your account or by phone at +1 (201) 283-8474. Email is not a cancellation channel: if you write to us by email, we will reply with the steps to cancel in your account, by chat, or by phone, and your cancellation takes effect when you complete it there. Cancellation takes effect immediately for every future billing cycle. Because renewal orders enter processing three (3) business days before a scheduled renewal date, a cancellation made inside that window applies to the following period: that renewal ships and is charged, and the current period continues through its end. Cancellation is never harder than enrollment: no phone call, stated reason, or survey is required, and at most one retention offer may be shown, which you can decline in a single action. Additional detail appears in the Timber Health Refund & Cancellation Policy, available at https://timberhealth.co , which is incorporated into these Terms.
- Initial orders and medical review. Once an order, intake, or renewal is submitted for Provider review, Lab processing, Pharmacy processing, compounding, fulfillment, or shipment, it may not be cancellable. Clinical review, administrative services, lab services, Pharmacy processing, compounding, dispensing, and shipping may begin quickly after submission.
- Refunds. Except where required by law or expressly stated in a written refund policy, fees and charges are nonrefundable, including consultation fees, platform fees, membership fees, subscription fees, coaching fees, lab fees, Pharmacy fees, medication fees, shipping, handling, and partially used periods. Timber Health may issue refunds or credits in its sole discretion, but doing so in one instance does not require refunds or credits in another. The Timber Health Refund & Cancellation Policy, available at https://timberhealth.co , is the written refund policy for the Services; it provides, among other things, that if a Provider does not issue a prescription following your clinical evaluation, you automatically receive a full refund of the amount paid at checkout, and that once a Provider has approved treatment and your order has been sent to the Pharmacy, the current subscription period is not refundable — including where you cancel during that period or your Provider later discontinues treatment for clinical reasons — while no further renewal is charged after cancellation or discontinuation. Where the Refund & Cancellation Policy provides a refund that is not automatic, you request it the same way you cancel — in your online account, with Customer Support by chat in your account, or by phone at +1 (201) 283-8474; email is not a channel for cancellation or refund requests.
- Provider denial. If a Provider determines that a Prescription Product is not clinically appropriate and no prescription is issued in connection with your enrollment, you will automatically receive a full refund of the program price paid at checkout for that enrollment (a lab panel fee is retained if your specimen was already drawn and refunded if it was not), initiated within three (3) business days of the determination; depending on your card issuer, posting to your statement may take up to ten (10) business days. Details appear in the Refund & Cancellation Policy. No patient pays for a prescription that is not issued.
- Returns. Prescription products, compounded products, sterile products, temperature-sensitive products, opened products, and medical supplies generally cannot be returned, restocked, or refunded once dispensed, compounded, shipped, opened, or otherwise processed, except where required by law or accepted by the Pharmacy.
- Ongoing availability. Your prior purchase, consultation, prescription, refill, lab result, or subscription does not guarantee future eligibility, future prescriptions, future refills, a particular dose or formulation, continued access to a Provider, Pharmacy, Lab, product, program, or price, or continued availability in your state.
17. Shipping, Delivery, Storage, and Medication Handling
- Prescription Products fulfilled through a Pharmacy may be shipped by the Pharmacy or its authorized fulfillment or logistics partners. Shipping times are estimates only and may be affected by Provider review, Pharmacy processing, compounding, inventory, lab results, holidays, weather, carrier delays, temperature requirements, address issues, signature requirements, state restrictions, or controlled-substance requirements.
- You are responsible for providing a complete and accurate shipping address where you can lawfully receive products, monitoring tracking information, retrieving packages promptly, complying with storage and refrigeration instructions, inspecting packages on arrival, and contacting Timber Health, the Pharmacy, or your Provider promptly if a package appears damaged, compromised, delayed, warm, frozen, tampered with, missing, or incorrect.
- Risk of loss may pass as stated by the Pharmacy, carrier, checkout disclosures, or applicable law. Timber Health is not responsible for packages that are lost, stolen, delayed, misdelivered, seized, returned, refused, undeliverable, or damaged after shipment, except to the extent required by law or expressly stated in a written policy. Replacement is not guaranteed and may be prohibited for controlled substances or certain prescription products.
18. Financial Responsibility; Cash-Pay; No Insurance or Government Program Billing
- Unless expressly stated otherwise, Services and products are offered on a cash-pay, self-pay basis. Timber Health, Medical Groups, Providers, Pharmacies, Labs, or Vendors may not participate in Medicare, Medicaid, TRICARE, VA, federal or state healthcare programs, commercial insurance, managed-care plans, pharmacy benefit plans, or other payor programs for the Services or products made available through the Services.
- By using the Services, you acknowledge and agree that you are voluntarily choosing to obtain Services and products outside any federal, state, or commercial payor program; you are solely financially responsible for all amounts due; and neither you nor anyone on your behalf will submit claims for reimbursement to Medicare, Medicaid, TRICARE, VA, any state healthcare program, any commercial insurer, any pharmacy benefit plan, flexible spending account, health savings account, or other payor unless expressly permitted in writing and legally permissible.
- To the extent any Provider, Pharmacy, Lab, or Vendor participates in a payor program outside the Services, you acknowledge that the Services may not be covered benefits and that the cash-pay structure used through the Services may be outside those programs.
19. Privacy, Protected Information, HIPAA, and Notices of Privacy Practices
- Your use of the Services is subject to the Timber Health Privacy Policy and the Timber Health Consumer Health Data Privacy Policy, each available at https://timberhealth.co , and any applicable Notice of Privacy Practices provided by a Medical Group, Provider, Pharmacy, Lab, or other covered entity. The Privacy Policy and the Consumer Health Data Privacy Policy describe how Timber Health collects, uses, discloses, and safeguards information and are incorporated by reference into these Terms.
- Timber Health is not a covered entity under HIPAA. The Medical Groups in the Arora Health network, the Pharmacy, and the Labs are covered entities for the records they maintain, and Timber Health acts as the business associate of the Arora Health Medical Groups under a written business associate agreement for the Protected Information it handles on their behalf. HIPAA does not apply to every item of health-related information or every communication involving health-related information. Information that is not Protected Information may be used or disclosed as described in the Privacy Policy and applicable law.
- When Protected Information is subject to HIPAA or state health-privacy laws, it will be used and disclosed as permitted or required by those laws and applicable agreements. De-identified, aggregated, or anonymized information may be used for analytics, operations, quality improvement, product development, research, marketing, or other lawful purposes, subject to applicable law.
- You acknowledge receipt of any Notice of Privacy Practices made available by a Medical Group, Provider, Pharmacy, or Lab. You are responsible for protecting the privacy of information accessible through your account, email, text messages, phone, devices, and physical mail.
20. Electronic Communications, Text Messages, Calls, and E-SIGN Consent
- You consent to receive communications from Timber Health, Medical Groups, Providers, Pharmacies, Labs, payment processors, and Vendors electronically, including through the Platform, account messages, email, SMS/text, MMS, phone calls, browser notifications, voicemail, mail, and other communication channels. Communications may include agreements, notices, disclosures, authorizations, receipts, treatment updates, lab updates, refill reminders, shipping updates, support messages, identity-verification messages, billing messages, and, where permitted, marketing messages.
- You agree that electronic signatures, clickwrap acceptance, checkbox acceptance, electronic consents, and electronic communications satisfy any legal requirement that such communications or signatures be in writing, to the fullest extent permitted by the federal Electronic Signatures in Global and National Commerce Act, the Uniform Electronic Transactions Act, and similar laws.
- By providing a mobile number, you consent to transactional text messages related to the Services. Message and data rates may apply. You may opt out of SMS messages by replying STOP where supported, though opting out may limit our ability to provide Services. Marketing text messages will be sent only with legally sufficient consent and may be withdrawn as described in the message or applicable policy. The SMS & Messaging Terms, available at https://timberhealth.co and incorporated into these Terms, describe both text-message programs, how to stop them, and how to get help.
- Electronic communications may not be secure if transmitted through ordinary email, text, voicemail, or services outside Timber Health control. You are responsible for monitoring messages and responding promptly. Timber Health, Providers, Medical Groups, Pharmacies, and Labs are not responsible for harm resulting from your failure to read, respond to, or follow communications or instructions.
21. Artificial Intelligence and Automated Tools
- Timber Health may use automation, algorithms, machine learning, generative artificial intelligence, rules engines, transcription tools, routing tools, summarization tools, fraud tools, customer-support tools, or similar technologies to support non-clinical operations, customer service, quality assurance, administrative routing, document generation, intake organization, billing support, or communications support.
- Timber Health does not use artificial intelligence to independently diagnose, prescribe, make final clinical decisions, or replace Provider judgment. Where automated tools support clinical workflows, the applicable Provider remains responsible for any clinical decision, message, order, or treatment recommendation as required by law and professional standards. Automated tools are provided on an "as is" and "as available" basis and may be inaccurate, incomplete, delayed, or unavailable.
22. Third-Party Goods, Services, Links, and Vendors
- The Services may include access to or coordination with third-party websites, platforms, payment processors, identity-verification vendors, telehealth vendors, Medical Groups, Providers, Pharmacies, Labs, carriers, fulfillment vendors, financing vendors, device vendors, educational resources, or other goods and services. Third-party goods and services are subject to the applicable third party's terms, privacy policies, professional obligations, and legal requirements.
- Timber Health does not control and is not responsible for third-party professional judgment, websites, content, accuracy, pricing, availability, billing practices, shipping, products, services, policies, privacy practices, cybersecurity practices, errors, omissions, or acts or omissions, except to the extent required by law. You should review the applicable third-party terms and policies before using third-party goods or services.
23. User Content, Submissions, Reviews, and Feedback
- You may submit information, messages, photographs, videos, reviews, ratings, comments, documents, lab results, medical records, feedback, suggestions, testimonials, or other content through the Services ("User Content"). You represent that you have all rights necessary to submit User Content and that User Content is truthful, accurate, not misleading, and does not violate law or third-party rights.
- Subject to applicable law and protections for Protected Information, you grant Timber Health a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, transferable license to host, use, reproduce, modify, adapt, publish, display, distribute, analyze, create derivative works from, and otherwise use User Content for operating, providing, improving, securing, documenting, marketing, and developing the Services. This license does not limit rights you may have under applicable privacy or health-information laws.
- Feedback, suggestions, ideas, or recommendations you provide may be used by Timber Health without restriction or compensation, subject to applicable law. Public reviews or testimonials may be moderated, removed, or used in accordance with law and any permissions you provide.
24. Ownership, Intellectual Property, and Limited License
- Timber Health and its licensors own all right, title, and interest in and to the Services, Platform content, workflows, software, interfaces, designs, graphics, logos, trademarks, service marks, trade names, text, videos, audio, questionnaires, forms, reports, educational materials, look and feel, data compilations, and other materials, except for rights owned by third parties or User Content as provided above.
- Subject to your compliance with these Terms, Timber Health grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your personal, non-commercial use and only as intended. You may not copy, modify, distribute, sell, sublicense, reverse engineer, scrape, frame, mirror, create derivative works from, or exploit any part of the Services except as expressly permitted in writing by Timber Health.
- Timber Health, Timber Health logos, and related marks are trademarks or service marks of Timber Health or its affiliates. You may not use them without prior written permission. Other marks appearing through the Services belong to their respective owners.
25. Prohibited Conduct
- You agree not to, and not to assist or permit any person to:
- use the Services for any unlawful, fraudulent, abusive, harassing, threatening, defamatory, obscene, discriminatory, or unsafe purpose;
- seek medication for another person, share an account, impersonate anyone, create duplicative accounts, misrepresent identity or location, or submit false or misleading information;
- seek, obtain, use, divert, resell, share, transfer, compound, alter, or administer any Prescription Product contrary to a Provider's instructions or applicable law;
- harass, threaten, intimidate, abuse, record without permission, or attempt to influence any Provider, pharmacist, Care Team member, Lab, Vendor, or Timber Health personnel;
- reverse engineer, decompile, disassemble, scrape, crawl, index, data-mine, frame, mirror, probe, scan, test, bypass, disable, or interfere with the Services or security controls;
- upload or transmit malware, malicious code, spam, phishing, unsolicited advertising, unlawful content, infringing content, or content that violates privacy, publicity, intellectual-property, or contractual rights;
- access data, systems, accounts, networks, or information not intended for you, or use the Services to create or train competing products or services;
- use the Services in a manner that could damage, disable, overburden, impair, disrupt, or interfere with any system, network, user, Provider, Pharmacy, Lab, Vendor, or Timber Health operation.
26. Service Availability, Modifications, Suspension, and Termination
- Timber Health may modify, suspend, restrict, or discontinue any part of the Services at any time, including products, programs, pricing, subscription structures, state availability, Providers, Pharmacies, Labs, features, content, or access methods, subject to applicable law.
- We may suspend or terminate your access to the Services or cancel any order or subscription if we believe you violated these Terms, provided inaccurate information, created safety or legal risk, failed to pay, engaged in fraud or abuse, missed required monitoring, created security risk, or if continued Services are clinically, operationally, legally, or commercially inappropriate.
- Respectful conduct; termination for abuse. Timber Health is committed to a safe and respectful environment for patients, Providers, pharmacists, Care Team members, and personnel. Abusive, threatening, harassing, discriminatory, sexually inappropriate, or violent conduct — in any channel, including messaging, phone, video visits, chat, email, or reviews — directed at any Provider, pharmacist, Care Team member, Timber Health employee or contractor, Vendor, or other user is grounds for warning, suspension, or immediate termination of your account and the Services, at Timber Health's discretion and subject to applicable law. If your account is terminated for such conduct, any active care coordination will be handled responsibly: you will retain access to your records as described in these Terms and applicable law, amounts not yet earned will be handled per the Refund & Cancellation Policy, and you may be referred to alternative sources of care.
- Termination does not relieve you of payment obligations incurred before termination and does not affect provisions that by their nature should survive, including payment obligations, privacy, intellectual property, disclaimers, limitations of liability, release, indemnity, arbitration, governing law, and miscellaneous provisions. Providers, Medical Groups, Pharmacies, or Labs may have independent obligations to maintain records or provide access to records under applicable law.
27. Health and Safety; Adverse Events; Follow-Up Care
- The Services are not for emergencies or urgent care. If you experience chest pain, trouble breathing, severe allergic reaction, fainting, stroke symptoms, suicidal thoughts, severe psychiatric symptoms, severe pain, severe infection, symptoms of blood clot, uncontrolled bleeding, severe injection reaction, priapism, severe swelling, severe headache, vision changes, or any other urgent or emergent condition, call 911 or seek immediate in-person care.
- You must promptly report adverse reactions, side effects, medication errors, dosing errors, lost medications, injection issues, unexpected symptoms, abnormal labs, pregnancy, changes in medications, hospitalizations, new diagnoses, and other material changes to your Provider. You should also contact the dispensing Pharmacy with medication-specific, dispensing, storage, labeling, or compounding questions.
- Timber Health does not replace primary care, specialty care, preventive care, cancer screening, fertility care, mental health crisis care, substance-use treatment, or emergency care. You are encouraged to maintain a relationship with a primary-care provider and other appropriate healthcare professionals.
28. Disclaimers of Warranties
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, CONTENT, COORDINATION, PLATFORM, SUPPORT, AND ANY NON-CLINICAL SERVICES PROVIDED BY TIMBER HEALTH ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TIMBER HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, RELIABILITY, SECURITY, TIMELINESS, AND FREEDOM FROM VIRUSES OR HARMFUL COMPONENTS.
- Timber Health does not warrant that the Services will be uninterrupted, secure, error-free, accurate, complete, available in any location, compatible with any device, accepted by any Provider, Pharmacy, Lab, payer, or regulator, or that any product, program, Provider, Pharmacy, Lab, or price will remain available. Timber Health does not warrant any clinical outcome, health outcome, lab result, hormone level, body-composition change, sexual-health outcome, energy improvement, fertility outcome, performance outcome, or wellness result.
- Nothing in these Terms limits warranties, rights, or remedies that cannot lawfully be limited or waived.
29. Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TIMBER HEALTH AND ITS AFFILIATES, OWNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSORS, VENDORS, AND SERVICE PROVIDERS, AND THE MEDICAL GROUPS, PROVIDERS, PHARMACIES, LABS, AND OTHER THIRD-PARTY BENEFICIARIES (COLLECTIVELY, THE "COVERED PARTIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, SUBSTITUTE SERVICES, EMOTIONAL DISTRESS, PERSONAL OR BODILY INJURY, WRONGFUL DEATH, OR OTHER DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COVERED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO TIMBER HEALTH FOR TIMBER HEALTH NON-CLINICAL SERVICES DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
- These limitations apply regardless of legal theory, whether contract, tort, negligence, strict liability, warranty, statute, or otherwise. Some jurisdictions do not allow certain limitations, so some limitations may not apply to you.
30. Release; California Civil Code Section 1542
- To the fullest extent permitted by applicable law, you release the Covered Parties from claims, demands, damages, losses, liabilities, actions, and causes of action arising out of or relating to third-party goods or services, Provider acts or omissions, Pharmacy acts or omissions, External Pharmacy acts or omissions, Lab acts or omissions, Vendor acts or omissions, interactions with other users, user content, shipping carriers, payment processors, or any dispute between you and a third party.
- If you are a California resident, you waive California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You also waive any similar law of any other jurisdiction to the fullest extent permitted by law.
31. Indemnification
- You agree to defend, indemnify, and hold harmless the Covered Parties from and against all claims, demands, actions, suits, proceedings, damages, settlements, judgments, losses, liabilities, penalties, fines, costs, and expenses, including reasonable attorneys fees and litigation expenses, arising out of or relating to: (a) your use or misuse of the Services; (b) your violation of these Terms; (c) your fraud, misrepresentation, negligence, willful misconduct, or violation of law; (d) inaccurate, incomplete, or misleading information you provide; (e) your violation of third-party rights; (f) your User Content; (g) your misuse, diversion, resale, sharing, or non-prescribed use of any product; or (h) your failure to follow Provider, Pharmacy, Lab, or product instructions; or (i) your election to have any prescription fulfilled by an External Pharmacy, your transactions and dealings with that pharmacy, and any claim you or anyone on your behalf submits to any insurer, pharmacy benefit manager, or government or commercial payor in connection with that fulfillment.
- The Covered Parties reserve the right to assume control of the defense of any indemnified claim, and you agree to cooperate reasonably. You may not settle any claim that imposes liability, obligation, admission, or restriction on any Covered Party without that Covered Party's prior written consent.
32. Dispute Resolution; Binding Arbitration; Class Action and Jury Trial Waivers
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU AND TIMBER HEALTH MAY SEEK RELIEF. YOU AND TIMBER HEALTH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION TO THE FULLEST EXTENT PERMITTED BY LAW.
- Informal resolution. Before initiating arbitration or litigation, the party asserting a dispute must send a written notice describing the dispute, the facts, the relief requested, and contact information sufficient to permit a response. Notices to Timber Health must be sent to: Eir Services Group, LLC d/b/a Timber Health, Attn: Legal Department, 5900 Balcones Drive, Suite 100, Austin, TX 78731, compliance@timberhealth.co. The parties will attempt in good faith to resolve the dispute informally for at least thirty (30) days after notice is received, unless a shorter period is required by law.
- Agreement to arbitrate. Except for the exceptions below, any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Services, advertising, marketing, communications, products, purchases, subscriptions, clinical coordination, third-party beneficiaries, or the relationship between you and Timber Health or any Covered Party (each, a "Dispute") will be resolved by binding, final, individual arbitration administered by JAMS under its applicable consumer arbitration rules, as modified by these Terms. The Federal Arbitration Act governs this arbitration agreement.
- Exceptions. Either party may bring an individual claim in small claims court if it qualifies. Either party may seek temporary or preliminary injunctive relief in court for intellectual-property misuse, unauthorized access, privacy or security incidents, misuse or diversion of prescription products, harassment or threats, or other urgent equitable relief. Government agencies may pursue claims as permitted by law.
- Arbitrator authority. The arbitrator has authority to resolve disputes about the interpretation, applicability, enforceability, formation, and scope of this arbitration agreement, except that a court of competent jurisdiction will decide issues concerning the enforceability of the class action waiver, public injunctive relief waiver if applicable, and any provision expressly reserved for court decision by law.
- Individual relief only. The arbitrator may award relief only for the individual claimant and only to the extent necessary to resolve that individual claim. The arbitrator may not conduct class, collective, representative, mass, private attorney general, consolidated, or joint proceedings, and may not award relief on behalf of the public or other users except where such limitation is prohibited by law.
- Opt-out. You may opt out of this arbitration agreement within thirty (30) days after you first accept these Terms by sending a signed written notice to compliance@timberhealth.co. Your notice must include your full name, mailing address, email address associated with your account, phone number, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.
- Batch or mass arbitration. If twenty-five (25) or more substantially similar arbitration demands are filed against Timber Health or Covered Parties by the same or coordinated counsel or entities, the parties agree to use reasonable batching, bellwether, fee-management, mediation, and procedural mechanisms selected by the administrator or arbitrator to promote efficient individual resolution and avoid abusive or coercive fee leverage, consistent with applicable law and the selected administrator rules. No batch procedure authorizes class, collective, representative, or consolidated adjudication of claims on the merits.
- Jury trial waiver. To the fullest extent permitted by law, you and Timber Health knowingly and voluntarily waive any right to trial by jury for any Dispute not subject to arbitration.
33. Governing Law, Venue, Severability, and Survival
- These Terms and any Dispute will be governed by the laws of the State of Texas, without regard to conflicts-of-law rules, except that the Federal Arbitration Act governs the arbitration agreement and preempts inconsistent state law to the fullest extent permitted.
- For any Dispute not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Harris County, Texas, except for small claims proceedings or where applicable law requires a different venue.
- If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not permitted, and the remaining provisions will remain in effect, except as otherwise expressly provided in the arbitration section.
- Provisions that by their nature should survive termination will survive, including payment obligations, intellectual property, privacy, disclaimers, limitations of liability, release, indemnification, arbitration, class waiver, jury waiver, governing law, venue, and miscellaneous terms.
34. Notices and Contact Information
- Notices to you may be provided by email, account message, text message, mail, phone, posting through the Services, or other lawful method using contact information associated with your account. You are responsible for keeping contact information current.
- Notices to Timber Health should be sent to:
Eir Services Group, LLC d/b/a Timber Health
Attn: Legal Department
5900 Balcones Drive, Suite 100, Austin, TX 78731
compliance@timberhealth.co
+1 (201) 283-8474
Customer Support: support@timberhealth.co
-
Pharmacy contact. The Pharmacy Hub, the licensed pharmacy that serves as the default dispensing pharmacy for the Services, can be reached at:
The Pharmacy Hub
15600 NW 15th Ave, Suite C, Miami, FL 33169
Phone: (305) 731-2318 | Fax: (305) 548-2454
Email: support@thepharmacyhub.com
- You always retain the right to use a pharmacy of your choice, as described in these Terms; prescriptions are transmitted only after your pharmacy selection is confirmed.
35. Miscellaneous
- These Terms, together with incorporated policies and consents, constitute the entire agreement between you and Timber Health regarding the Services and supersede prior or contemporaneous understandings on that subject. You may not assign or transfer these Terms without Timber Health prior written consent. Timber Health may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, financing, sale of assets, change of control, affiliate transfer, or by operation of law.
- No waiver is effective unless in writing and signed by the party granting the waiver. A failure to enforce any provision is not a waiver. Headings are for convenience only. The words "including" and "includes" mean "including without limitation." References to laws include successor laws and regulations. If there is a conflict between these Terms and product-specific terms, the product-specific terms control only for that product or service.
- Timber Health is not your agent, partner, fiduciary, joint venturer, employer, insurer, medical provider, pharmacy, or laboratory. Nothing in these Terms creates any agency relationship between you and Timber Health or authorizes you to bind Timber Health.
Exhibit A — Patient Telehealth Consent
This Patient Telehealth Consent is incorporated into the Terms when presented to and accepted by a user. The complete, operative Telehealth Informed Consent — the version presented and captured during intake — is posted at https://timberhealth.co and controls in the event of any conflict with this summary.
Nature of telehealth. Telehealth involves the use of electronic communications, asynchronous questionnaires, secure messaging, video, phone, remote monitoring, photographs, electronic records, and other technologies to support healthcare services when the Provider and patient are not in the same physical location.
Potential benefits. Telehealth may improve convenience, access, privacy, care coordination, and speed of communication when clinically appropriate.
Potential risks and limitations. Telehealth may involve incomplete information, technology failures, delays, privacy risks, inability to perform a hands-on physical examination, need for in-person care, miscommunication, and limitations of remote diagnosis or treatment. A Provider may determine that telehealth is not appropriate or that in-person care is required.
Patient responsibilities. You agree to provide truthful information, ask questions, follow Provider instructions, complete required labs and monitoring, maintain a safe and private location for communications, use appropriate devices, and seek emergency care when needed.
Consent. By using telehealth services, you consent to receiving healthcare services through telehealth from Providers and Medical Groups, subject to Provider acceptance and applicable law. You may withdraw consent by discontinuing telehealth use, but withdrawal may limit or end access to Services.
Exhibit B — Hormone Therapy, Peptide Therapy, and Controlled-Substance Acknowledgment
This acknowledgment applies to hormone therapy, testosterone replacement therapy, peptide therapy, and related programs offered through the Services and is incorporated into the Terms when presented to and accepted by a user.
No guarantee of eligibility. I understand that hormone therapy, testosterone replacement therapy, peptide therapy, or related therapies may not be appropriate for me and that a Provider may decline, delay, change, or discontinue treatment.
Monitoring. I understand that baseline and follow-up labs, symptoms, vital signs, medical history, medication history, fertility goals, adverse events, and other monitoring may be required. Failure to complete monitoring may result in discontinuation or non-renewal.
Risks. I understand that hormone, testosterone, peptide, injectable, or compounded therapies may involve risks, side effects, contraindications, drug interactions, injection reactions, dosing errors, fertility effects, changes in laboratory values, cardiovascular or blood-pressure concerns, prostate-related concerns, mood changes, acne, hair changes, fluid retention, sleep apnea worsening, and other risks that should be discussed with a Provider.
Controlled substances. I understand that certain products may be controlled substances and may be subject to identity verification, prescription monitoring, quantity limits, refill restrictions, in-person evaluation requirements, and other safeguards. I will not share, resell, divert, misuse, or use products other than as prescribed.
No nonmedical use. I understand that products are not provided for bodybuilding, athletic performance enhancement, cosmetic misuse, or unlawful purposes. I agree to use products only for my own treatment as prescribed.
Exhibit C — Compounded Medication Notice
This notice applies where compounded products may be prescribed or dispensed through the Services and is incorporated into the Terms when presented to and accepted by a user.
Not FDA-approved. Compounded medications are not FDA-approved. The FDA does not evaluate compounded medications for safety, effectiveness, or quality before they are marketed. A compounded medication may be prescribed when a Provider determines it is medically appropriate for an identified patient and legally permissible.
Pharmacy role. Compounding, labeling, counseling, dispensing, packaging, and shipping are performed by or under the responsibility of the dispensing Pharmacy or outsourcing facility. Timber Health does not compound, dispense, or manufacture medications.
Patient responsibilities. I agree to read labels and instructions, follow dosing and storage directions, use sterile or safe handling techniques when instructed, keep medications away from children and others, use sharps containers for needles where applicable, observe beyond-use dates, and contact my Provider or pharmacist with questions.
Availability. Compounded medications, ingredients, strengths, vial sizes, routes, delivery supplies, and pricing may change or become unavailable due to clinical, legal, regulatory, supply, Pharmacy, or operational reasons.