Terms of Service

Effective Date: 12/15/2025

Welcome to WhisprHealth ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the WhisprHealth website and mobile application (the "Platform"). By accessing the Platform, you agree to be bound by these Terms.

PLEASE READ SECTION 11 CAREFULLY. IT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS FOR RESOLVING DISPUTES.

1. The WhisprHealth Model

WhisprHealth operates a technology platform that connects users with:

• Healthcare Providers: Independent medical groups and licensed healthcare providers ("Providers") who provide telehealth consultations.
• Pharmacies: Independent licensed pharmacies that fulfill prescriptions.

WhisprHealth does not practice medicine. All medical services are performed by the independent Providers. The Company provides administrative and management services (MSO) to these Providers.

2. Eligibility

You must be at least 18 years old and a resident of the United States to use our Platform. By using the Platform, you represent that you are legally capable of entering into a binding contract.

3. Medical & Supplement Disclaimers

A. Prescription Medication

Prescriptions are not guaranteed. Providers will only write a prescription if they deem it medically appropriate after a consultation. You agree that any medication prescribed to you is for your personal use only.

B. Dietary Supplements

Certain products sold on the Platform are dietary supplements.

4. Subscription Terms & Billing

If you enroll in our recurring subscription program for medication or supplements:

• Automatic Renewal: Your payment method will be automatically charged on a recurring basis (e.g., monthly or quarterly) until you cancel.
• Cancellation Policy: You may cancel your subscription at any time via your user dashboard. To avoid being charged for the next billing cycle, you must cancel at least 48 hours before your next scheduled renewal date.
• No Returns on Rx: Federal and State laws prohibit the return of prescription medications. All sales of prescription products are final.

5. Privacy & HIPAA

Your use of the Platform is also subject to our Privacy Policy. Information regarding your medical care is protected under the Health Insurance Portability and Accountability Act (HIPAA). You acknowledge that by using the Platform, you are establishing a direct patient-provider relationship with the independent Medical Group.

6. User Accounts & Security

You agree to provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account.

7. Telehealth Consent

By using the Platform, you consent to receive medical care via telehealth technologies. You understand that telehealth involves the delivery of healthcare services using electronic communications and that there are potential risks, such as technical failures or interruptions.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WHISPRHEALTH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.

9. Indemnification

You agree to indemnify and hold harmless WhisprHealth, its affiliates, and the independent Providers from any claims, damages, or expenses arising out of your use of the Platform or your violation of these Terms.

10. Governing Law

These Terms shall be governed by the laws of the State of [Insert State, e.g., Delaware or New York], without regard to its conflict of law provisions.

11. Dispute Resolution: Arbitration & Class Action Waiver

Please read this section carefully. You and WhisprHealth agree that any dispute or claim relating to these Terms or the Services will be resolved by binding arbitration, rather than in court.

• Waiver of Jury Trial: YOU WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
• Class Action Waiver: YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12. Contact Information

If you have questions about these Terms, please contact us:

WhisprHealth, Inc.
725 5th Avenue
New York, NY, 10022
Email: support@whisprhealth.com