Terms of Service

    KOVES IS A TECHNOLOGY PLATFORM THAT FACILITATES ACCESS TO HEALTHCARE SERVICES PROVIDED BY INDEPENDENT LICENSED MEDICAL PROVIDERS. KOVES LLC IS NOT A MEDICAL PRACTICE, DOES NOT PRACTICE MEDICINE, AND DOES NOT ITSELF DIAGNOSE MEDICAL CONDITIONS, PRESCRIBE MEDICATIONS, DISPENSE MEDICATIONS, OR DIRECT THE INDEPENDENT PROFESSIONAL JUDGMENT OF LICENSED HEALTHCARE PROVIDERS.

    THE SERVICES ARE NOT INTENDED FOR MEDICAL EMERGENCIES. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR SEEK IMMEDIATE EMERGENCY MEDICAL ATTENTION.

    PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING KOVES.CO, CREATING AN ACCOUNT, SUBMITTING INFORMATION, PURCHASING SERVICES, ENROLLING IN A PROGRAM, OR OTHERWISE USING THE KOVES PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY THESE TERMS.

    Introduction

    These Terms of Use ("Terms") govern your access to and use of the websites, applications, portals, services, features, content, communications, and other online services owned, operated, administered, or made available by Koves LLC ("Koves," "we," "us," or "our"), including Koves.co and any related websites, portals, applications, or digital services that link to these Terms (collectively, the "Platform").

    The Platform is intended to provide health and wellness information and facilitate access to independent healthcare providers, pharmacies, laboratories, technology services, administrative support, payment processing, communications, prescription coordination, and related services (collectively, the "Services").

    Certain portions of the Platform or Services may be hosted, powered, facilitated, supported, or administered through third-party technology providers, including Bask Health, Inc. and its affiliates or service providers. Your use of certain third-party functionality may additionally be governed by separate terms, privacy policies, notices, or consents provided by those parties.

    These Terms constitute a legally binding agreement between you and Koves. The terms "you" and "your" refer to the individual accessing or using the Platform.

    If you do not agree to these Terms, you are not authorized to access or use the Platform or Services.

    Koves Does Not Provide Medical Services

    Koves does not practice medicine and does not provide medical care.

    Medical services accessible through the Platform are provided by independent licensed physicians, nurse practitioners, physician assistants, professional medical entities, or other appropriately licensed healthcare professionals (collectively, "Healthcare Providers").

    Healthcare Providers exercise independent professional medical judgment and are solely responsible for clinical decisions involving:

    Koves does not control or direct a Healthcare Provider's professional medical judgment.

    Use of the Platform does not create a physician-patient relationship between you and Koves. Any provider-patient relationship that may arise exists solely between you and the applicable Healthcare Provider or professional medical entity.

    No Guarantee of Treatment or Prescription

    Accessing the Platform, completing a questionnaire, submitting payment information, enrolling in a membership, purchasing a program, or completing a medical consultation does not guarantee that you will receive treatment, a prescription, a particular medication, a particular dosage, or any other healthcare service.

    Treatment eligibility is determined exclusively by the applicable Healthcare Provider based on independent professional medical judgment.

    A Healthcare Provider may:

    Educational Content Is Not Medical Advice

    Except for individualized communications provided directly to you by a licensed Healthcare Provider in connection with your care, content made available through Koves is provided for general educational and informational purposes only.

    Website content does not constitute medical advice, diagnosis, treatment, or a substitute for consultation with a qualified healthcare professional.

    You should not begin, discontinue, increase, decrease, or otherwise modify any medication or treatment solely because of information obtained through the Platform.

    Availability of Services

    Services may not be available in every state or jurisdiction.

    Availability may depend on:

    Koves may modify, expand, restrict, suspend, or discontinue Services in particular jurisdictions at any time.

    Eligibility

    To use healthcare-related Services through Koves, unless otherwise expressly permitted, you must:

    Meeting these requirements does not guarantee eligibility for treatment.

    Location and Identity Verification

    You agree to accurately identify your physical location at the time healthcare services are provided.

    You may not misrepresent, obscure, manipulate, falsify, spoof, or otherwise conceal your physical location for purposes of obtaining medical care.

    Koves, Healthcare Providers, pharmacies, or service providers may use reasonable methods to verify:

    Telehealth Services

    Healthcare services accessible through Koves may be provided through telehealth.

    Telehealth involves the delivery of healthcare services using electronic communications when the patient and Healthcare Provider are not physically located in the same place.

    Telehealth may include:

    You may be required to agree to a separate Consent to Telehealth before receiving medical services.

    Telehealth has limitations. A remote Healthcare Provider may not have access to certain information that could otherwise be obtained through an in-person physical examination.

    A Healthcare Provider may therefore determine that telehealth is not appropriate for your circumstances or may require additional testing or in-person care.

    Your Responsibilities and Medical Information

    You agree to provide complete, truthful, current, and accurate information when using the Platform or communicating with Healthcare Providers.

    Information you may be required to provide includes:

    You acknowledge that withholding, falsifying, omitting, or materially misrepresenting healthcare information may interfere with the ability of a Healthcare Provider to safely evaluate or treat you.

    Pharmacy Services

    If a Healthcare Provider issues a prescription, the prescription may be transmitted to an independent appropriately licensed pharmacy.

    Pharmacies participating in Services are independent from Koves.

    The dispensing pharmacy is responsible for pharmacy-related professional services, including:

    Koves does not manufacture, compound, dispense, or directly control prescription medications.

    You authorize information reasonably necessary to process and fulfill a valid prescription to be transmitted to an applicable pharmacy, subject to applicable privacy laws, notices, and consents.

    Manufactured and Compounded Medications

    Healthcare Providers accessible through the Platform may prescribe commercially manufactured prescription medications and, when clinically appropriate and legally permitted, compounded medications.

    Compounded medications do not undergo FDA premarket review.

    FDA does not review compounded medications for safety, effectiveness, or quality before they are marketed in the same manner that FDA reviews approved drug products.

    A compounded medication should not be considered equivalent to a commercially manufactured prescription product.

    Whether a compounded or a commercially manufactured medication is medically appropriate is determined solely by the treating Healthcare Provider.

    Treatment Risks and Results

    All medical treatments and medications involve potential risks, limitations, contraindications, and side effects.

    Individual results vary.

    Neither Koves nor any Healthcare Provider guarantees:

    Laboratory Testing and Additional Care

    Your Healthcare Provider may determine that laboratory testing, diagnostic testing, specialist consultation, primary care evaluation, or in-person healthcare services are necessary.

    Unless expressly stated otherwise, these services may not be included in your Koves Program and may result in additional charges.

    Failure to complete requested testing or follow-up may result in delay, modification, or discontinuation of treatment.

    Programs and Subscriptions

    Koves may offer recurring or non-recurring programs through which eligible users may access administrative services, technology services, Healthcare Provider services, pharmacy services, prescriptions, medications, or related benefits (each, a "Program").

    The exact benefits, pricing, medication availability, billing frequency, and services included in a Program will be disclosed during enrollment or checkout.

    Koves Programs are not health insurance and are not a substitute for comprehensive health insurance or a primary care relationship.

    Automatic Renewal

    CERTAIN KOVES PROGRAMS AUTOMATICALLY RENEW.

    If you enroll in a recurring Program, you expressly authorize Koves, its affiliates, service providers, or payment processors to automatically charge your payment method at the price and billing frequency disclosed to you during checkout until your subscription is canceled or otherwise terminated.

    Billing dates may vary slightly because of:

    Payment Authorization

    By providing a payment method, you represent that you are authorized to use that payment method.

    You authorize Koves, its affiliates, and third-party payment processors to charge all amounts disclosed and authorized by you.

    You agree to maintain valid and current payment information.

    If payment cannot be processed, Koves or the applicable service provider may:

    Cancellation

    You may cancel an eligible recurring Koves subscription through the cancellation mechanism made available through your account or by contacting:

    hello@koves.co

    Cancellation prevents future subscription renewals after the cancellation becomes effective.

    Cancellation does not automatically reverse charges already incurred, consultations already completed, clinician review already performed, prescriptions already transmitted, pharmacy processing already initiated, or medication already dispensed.

    Because prescription processing and fulfillment may begin shortly after medical authorization, cancellation requests should be submitted before the applicable prescription is processed whenever possible.

    Refund Policy

    Prescription medications generally cannot be returned for resale or reuse after dispensing.

    Except where required by applicable law or expressly stated otherwise, charges may become non-refundable once applicable services have been performed or pharmacy processing has begun.

    This may include charges associated with:

    If you believe you received an incorrect product, duplicate charge, materially damaged shipment, incorrect charge, or other fulfillment error, contact:

    hello@koves.co

    Nothing in these Terms limits any refund or remedy that applicable law requires.

    No Insurance

    Unless expressly stated otherwise, Koves Programs and Services are offered on a cash-pay basis.

    Koves does not guarantee that any consultation, medication, laboratory service, pharmacy service, membership, subscription, or other expense will be reimbursed by insurance.

    You are responsible for determining whether reimbursement may be available through an insurer, HSA, FSA, employer-sponsored benefit, or another third-party benefit program.

    Medicare, Medicaid, and Government Programs

    Unless expressly stated otherwise, Services accessible through Koves are not intended to be billed to Medicare, Medicaid, TRICARE, or another federal or state healthcare program.

    Participation in a cash-pay Koves Program does not constitute a representation that any associated service or medication is reimbursable by a government healthcare program.

    Shipping

    Any shipping or delivery timeframe displayed through the Platform is an estimate and not a guarantee.

    Processing or delivery may be delayed because of:

    You are responsible for providing complete and accurate shipping information.

    You are also responsible for promptly retrieving delivered medication and storing it according to instructions provided by the dispensing pharmacy or manufacturer.

    Medication Storage and Handling

    You agree to follow all instructions provided by the dispensing pharmacy, manufacturer, or Healthcare Provider concerning medication storage, handling, administration, and disposal.

    You should not use medication that appears:

    Keep all medications out of the reach of children and pets.

    Privacy

    Your use of the Platform is also subject to the Koves Privacy Policy and any applicable privacy notices provided by Healthcare Providers, pharmacies, laboratories, Bask Health, or other service providers.

    Healthcare Providers may provide separate Notices of Privacy Practices concerning the use and disclosure of medical information.

    Electronic Communications

    By using Koves, you consent to receiving electronic communications relating to your account and Services.

    Communications may include:

    Communications may be delivered through email, SMS, secure messaging, telephone, account notifications, or other electronic methods.

    SMS Communications

    If you opt in to receive SMS messages, you consent to receiving the categories of messages disclosed at the time of enrollment.

    Message and data rates may apply. Message frequency may vary.

    Where applicable, you may opt out of promotional SMS communications by replying STOP.

    Consent to receive marketing text messages is not a condition of purchasing Services where prohibited by law.

    Email and SMS Security

    Ordinary email and SMS communications may not provide the same level of security or confidentiality as dedicated secure healthcare communication systems.

    By choosing to communicate through ordinary email or SMS, you acknowledge the inherent limitations associated with those methods of communication.

    Never use email or SMS for a medical emergency.

    Registration and Account Security

    Certain Services require you to create an account.

    You agree to:

    If you believe your account has been compromised, contact:

    hello@koves.co

    Prohibited Use

    You agree that you will not, and will not attempt to:

    Koves may suspend or terminate access for suspected prohibited conduct.

    Ownership of Information Submitted Through the Platform

    Except for personal data, protected health information, medical records, or other information that is subject to applicable privacy laws, healthcare confidentiality requirements, privacy notices, or contractual restrictions, you understand and agree that information you voluntarily submit to Koves through the Platform, whether through direct entry, forms, questionnaires, communications, email, feedback, comments, suggestions, surveys, reviews, or otherwise, may be treated as non-confidential and non-proprietary to the extent permitted by applicable law.

    To the maximum extent permitted by law, such information may become the property of Koves and may be used by Koves for lawful business purposes, including:

    Koves may use ideas, concepts, suggestions, recommendations, know-how, techniques, or other feedback contained in communications submitted to Koves without compensation or obligation to you.

    To the extent permitted by applicable law, you grant Koves and its affiliates, service providers, successors, assigns, Healthcare Providers, professional medical entities, pharmacies, technology providers, and other parties involved in providing Services a worldwide, transferable, sublicensable, royalty-free license to use, reproduce, store, process, modify, analyze, display, transmit, distribute, create derivative works from, and otherwise use information submitted through the Platform when reasonably necessary or permitted for:

    Nothing in this section is intended to eliminate or reduce protections applicable to protected health information, medical records, or personal information under applicable law.

    Ownership of Platform Content

    As between you and Koves, Koves or its licensors own all right, title, and interest in and to the Platform and its original content, features, functionality, software, text, design, graphics, photographs, videos, interfaces, arrangement, selection, trade dress, branding, and other materials.

    These materials are protected by applicable copyright, trademark, trade-secret, and other intellectual-property laws.

    Subject to these Terms, Koves grants you a limited, revocable, personal, non-exclusive, non-transferable, non-sublicensable right to access and use the Platform solely for lawful personal use.

    Trademarks

    Koves, the Koves logo, product names, service names, slogans, designs, and related branding may constitute trademarks, service marks, or trade dress owned by Koves LLC.

    You may not use Koves branding without prior written authorization in a manner that is likely to create confusion concerning affiliation, sponsorship, approval, endorsement, or origin.

    Copyright Complaints

    Koves respects the intellectual-property rights of others.

    If you believe content available through Koves infringes your copyright or other intellectual-property rights, contact:

    hello@koves.co

    Your notice should include sufficient information to identify:

    Third-Party Services

    The Platform may contain links to, integrations with, or services provided by independent third parties.

    These may include:

    These third parties may maintain their own terms, privacy practices, policies, or agreements.

    Koves is not responsible for independent third-party acts or omissions except to the extent liability cannot lawfully be excluded.

    Modification or Discontinuation of Services

    Koves may modify, suspend, restrict, replace, or discontinue all or any portion of the Platform or non-clinical Services at any time.

    Koves does not guarantee continued availability of:

    Nothing in this section permits Koves to interfere with legal or professional obligations independently owed to you by a Healthcare Provider.

    Termination

    You may discontinue use of the Platform at any time.

    Koves may suspend or terminate your access when reasonably necessary, including because of:

    Termination of your Koves account does not eliminate legal obligations independently applicable to Healthcare Providers concerning medical records or continuity of care.

    Disclaimer of Warranties

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE KOVES PLATFORM AND NON-CLINICAL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

    To the maximum extent permitted by law, Koves disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of:

    Koves does not warrant that:

    Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KOVES LLC AND ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES.

    This includes, to the extent permitted by law, damages arising from loss of:

    To the extent permitted by applicable law, Koves is not liable for the independent clinical judgment, diagnosis, treatment recommendation, prescribing decision, professional negligence, or medical acts or omissions of independent Healthcare Providers.

    To the extent permitted by law, Koves is likewise not responsible for the independent acts or omissions of pharmacies, laboratories, carriers, payment processors, technology providers, or other third parties.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF KOVES AND THE KOVES PARTIES ARISING FROM OR RELATING TO THE PLATFORM, SERVICES, OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID DIRECTLY BY YOU TO KOVES DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

    Some jurisdictions do not permit certain limitations of liability. Where such limitations are prohibited, these provisions apply only to the maximum extent permitted by law.

    Allocation of Responsibilities

    You acknowledge that Koves, Healthcare Providers, professional medical entities, pharmacies, laboratories, technology providers, payment processors, and shipping carriers may be legally separate entities.

    The existence of an integrated Platform, combined checkout experience, shared branding, coordinated communication, or centralized administrative functionality does not by itself create a partnership, joint venture, employment relationship, agency relationship, or shared professional liability among those entities.

    Each party remains responsible for its own legally attributable acts and obligations.

    Indemnification

    To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Koves LLC and its affiliates, members, managers, officers, directors, employees, contractors, agents, licensors, suppliers, service providers, successors, and assigns from and against third-party claims, proceedings, liabilities, damages, judgments, losses, penalties, expenses, and reasonable attorneys' fees arising from or relating to:

    This provision does not require you to indemnify any party for liability that applicable law prohibits shifting to you.

    Informal Dispute Resolution

    Before commencing arbitration or litigation against Koves, you and Koves agree to attempt in good faith to resolve the dispute informally.

    A written Notice of Dispute should include:

    Notices to Koves should be sent to:

    hello@koves.co

    The parties agree to provide at least thirty (30) days after receipt of a complete Notice of Dispute to attempt informal resolution before commencing arbitration, except where applicable law requires otherwise.

    Binding Individual Arbitration

    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES MOST DISPUTES BETWEEN YOU AND KOVES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

    Except for disputes expressly excluded below, you and Koves agree that any dispute, claim, or controversy arising out of or relating to:

    will be resolved through final and binding individual arbitration.

    The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

    Unless otherwise agreed, arbitration will be administered by the American Arbitration Association ("AAA") pursuant to the applicable AAA rules.

    Class Action Waiver

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND KOVES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

    Unless otherwise required by applicable law or mandatory arbitration rules, an arbitrator may not consolidate claims involving multiple individuals without the consent of the parties.

    Mass Arbitration

    If substantially similar arbitration demands are filed against Koves and are coordinated by the same or related counsel, organizations, or claim administrators, any applicable AAA mass-arbitration procedures may apply.

    Nothing in this provision authorizes class arbitration.

    Exceptions to Arbitration

    Either party may:

    Jury Trial Waiver

    TO THE EXTENT A DISPUTE IS PERMITTED TO PROCEED IN COURT RATHER THAN ARBITRATION, YOU AND KOVES WAIVE THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

    Governing Law

    Except to the extent superseded by federal law or non-waivable applicable law, these Terms and disputes involving Koves shall be governed by the laws of the State of Missouri, without regard to conflict-of-law principles.

    For disputes that may properly proceed in court, the parties consent to jurisdiction in the appropriate state or federal courts located in Missouri, subject to any non-waivable rights provided by applicable law.

    Changes to These Terms

    Koves may modify these Terms from time to time.

    The revision date appearing at the top of this page identifies the most recent version.

    Where required by law, Koves may provide additional notice of material changes through:

    Your continued use of the Platform after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

    Assignment

    You may not assign or transfer your rights or obligations under these Terms without prior written consent from Koves.

    Koves may assign or transfer these Terms in connection with:

    No Agency Relationship

    Nothing contained in these Terms creates a partnership, franchise, joint venture, employment relationship, fiduciary relationship, or agency relationship between you and Koves.

    You have no authority to bind Koves.

    Force Majeure

    To the maximum extent permitted by law, Koves will not be responsible for delay or failure caused by circumstances outside its reasonable control.

    Such circumstances may include:

    Severability

    If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.

    No Waiver

    Failure by Koves to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

    Entire Agreement

    These Terms, together with any policies, notices, consents, disclosures, subscription terms, privacy policies, or other agreements expressly incorporated by reference, constitute the agreement between you and Koves concerning your use of the Platform.

    Separate agreements may apply to:

    Contact

    If you have questions concerning these Terms of Use, contact:

    Koves LLC
    Email: hello@koves.co
    Website: Koves.co

    Questions regarding your diagnosis, prescription, medication, symptoms, treatment plan, side effects, or other clinical matters should be directed to your licensed Healthcare Provider through the appropriate clinical communication channel.

    DO NOT CONTACT KOVES CUSTOMER SUPPORT FOR A MEDICAL EMERGENCY. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR SEEK IMMEDIATE EMERGENCY MEDICAL ATTENTION.