Mochi - Terms of Use

Effective Date: August 25, 2023

Updated: September 10, 2024

These Terms of Use (“Terms”), which include an agreement to arbitrate and consent to electronic communications, govern your access to and use of services provided by Mochi Health Corp., Inc. (“Mochi”, “we”, or “us” ), including the Mochi website located at www.joinmochi.com (“Site”), subscription services that include personal healthcare navigation services, communication services, and other technology or non-clinical personal services provided by Mochi (collectively, the “Services”). Please read these Terms carefully before using the Services. By accessing or using the Services you agree to be bound by these Terms. If you are accepting these Terms for another person (“Family Member”) as such Family Member’s parent, guardian, conservator, or custodian, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member.

Mochi provides practice management services to Mochi Medical, P.A., a Florida professional corporation, Mochi Medical CA, P.C., a California professional corporation, and other affiliated medical services providers (collectively, “Mochi Providers”). Mochi Providers provide medical services. These Terms govern your access to and use of the non-clinical Services offered by Mochi. If you and/or your Family Member use medical services provided by Mochi Providers you understand and agree that you, and your Family Member, are bound by and subject to the Patient Agreement. Please read the Patient Agreement carefully before receiving any medical services, including telehealth services, from Mochi Providers.

Please refer to our Privacy Policy to learn how Mochi and Mochi Providers collect, use, share and protect your personally identifiable information.

YOU AGREE THAT DISPUTES BETWEEN YOU AND MOCHI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION 11 BELOW. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 11.

1. Updates to the Terms

Mochi may, in its sole discretion, without prior notice to you, revise these Terms at any time. Should these Terms change materially, Mochi will update the “Updated” date noted above and post a notice regarding the updated Terms. If you do not agree with the proposed changes, you should discontinue your use of the Services before the effective date of the changes. If you continue using the Services after the Updated date, you will be bound by the updated Terms.

2. Account Registration and Security

You may use the Services only if you are 18 years or older and solely for your own personal, non-commercial use, or on behalf of your Family Member for the use of the Services with your supervision. To access certain features of the Services or to become a subscriber, you will have to create an account via the Site. Parents and guardians must register on behalf of any Family Member under the age of 18. It is important that you provide us with accurate and complete information for your account, and update such information as needed. You are responsible for protecting your account username and password, and for all activities that occur under your account. You should immediately notify us of any unauthorized use of your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be responsible for any loss or damage if you do not protect your account or your personal information.

3. Acknowledgement of Monthly Subscription Fee

Mochi charges a monthly subscription fee (the “Monthly Subscription Fee”) for access to certain features of the Services. The Monthly Subscription Fee may be modified by notice in accordance with these Terms. Certain subscribers may have access to the Services through their employers, professional affiliations, partnerships, or other organizations, and as a result, the Monthly Subscription Fee may not apply to such subscribers. The Monthly Subscription Fee covers costs associated with personal services and tools that enhance your or the your Family Member’s healthcare experience and facilitate access to telehealth services, but are typically not covered by insurance. Subscription services include higher-touch personal weight-loss services, digital tools for easy access to Mochi services, including those which provide technical connectivity required to receive telehealth services provided by Mochi Providers, as well as other offerings. The Monthly Subscription Fee is not a covered benefit under most health insurance plans or other healthcare benefit plans such as the Health Saving Account or Flexible Spending Account. As a result, you acknowledge that you may not be able to submit the Monthly Subscription Fee for coverage under your insurance or benefit plan, and as such, you will be responsible for the cost of such Monthly Subscription Fee. For our paid subscribers, Mochi will charge your Monthly Subscription Fee to your designated billing account. You agree to make the payment using your chosen payment method. IF YOUR ACCOUNT IS SUBJECT TO THE MONTHLY SUBSCRIPTION FEE, YOU AUTHORIZE US TO CHARGE YOUR CHOSEN PAYMENT METHOD THE MONTHLY SUBSCRIPTION FEE AT THE TIME OF INITIAL PAYMENT AND EACH MONTHLY RENEWAL (UNLESS YOU HAVE CHOSEN TO PREPAY THE MONTHLY SUBSCRIPTION FEE), UNTIL YOU CANCEL. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS TO AVOID BEING CHARGED THE MONTHLY SUBSCRIPTION FEE FOR THE NEXT MONTH. REFUNDS MAY BE ISSUED TO PATIENTS WHO REQUEST CANCELLATION WITHIN 24 HOURS OF THEIR HEALTH SUBSCRIPTION PAYMENT WITHOUT USING ANY SERVICES. STARTING 24 HOURS AFTER A HEALTH SUBSCRIPTION PAYMENT IS MADE, PATIENTS WILL NOT BE ELIGIBLE FOR A REFUND. YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME BY BY CONTACTING MOCHI AT THE PHONE NUMBER LISTED ON THE SITE, BY LOGGING IN TO YOUR MOCHI ACCOUNT AND SENDING A PORTAL MESSAGE, OR BY LOGGING INTO YOUR MOCHI ACCOUNT AND SELECTING “CANCEL SUBSCRIPTION”. ANY REQUEST TO CANCEL YOUR SUBSCRIPTION SUBMITTED VIA A METHOD NOT LISTED ABOVE IS NOT CONSIDERED VALID AND WILL NOT BE HONORED. SUBSCRIPTION CANCELLATIONS WILL OCCUR AT THE END OF THE CURRENT BILLING PERIOD. IF YOU CANCEL YOUR SUBSCRIPTION AND YOUR SUBSCRIPTION TERM HAS NOT EXPIRED, YOU MAY CONTINUE TO USE THE SERVICES UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM AND YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. HOWEVER, YOU WON’T BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE MONTHLY SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. If the amount to be charged to you varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), for example, due to an increase in the Monthly Subscription Fee, you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction. If you do not agree with the new amount in the notice, you may cancel the transaction by using any valid method to cancel your subscription listed above. Absolutely no primary subscription refunds will be given for payments made over 30 days prior to the refund request date. Refund amounts given cannot be more than the amount the patient has paid for service. If a compound medication order has been placed, a refund is not guaranteed. If the order has shipped from the pharmacy, Mochi will not provide refunds.

By subscribing to Nori, a Mochi company, you agree to a minimum commitment period of 3 months. During the initial 3-month commitment period, cancellations are not permitted except in the event that your Nori provider determines that you are medically ineligible to continue with the subscription. If you want to discontinue services during the first 3 months, the account will be set to cancel after the 3 month period and you will continue to be billed monthly until that time. Upon completion of the initial 3-month commitment, you may cancel your subscription at any time. To cancel your subscription, you must notify us by emailing hello@joinnori.com and stating that you wish to cancel your subscription. All other subscription terms related to your subscription with Nori will match those set forth by Mochi.

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4. Service Use Termination

You are considered under the care of Mochi Providers when you are actively administering prescription medication that has been prescribed to you by Mochi Providers. If you are under the care of Mochi Providers, you are not eligible for immediate termination of your subscription. Your subscription may be terminated when you are no longer under the care of Mochi Providers. If you are not under the care of Mochi Providers, you may terminate your use of the Services at any time by not using the Services anymore. If you wish to terminate your subscription, you can do so by logging into your account and selecting “cancel subscription.” If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period. We may terminate your use of the Services at any time by sending notice to you at the email address you provided or otherwise contacting you or posting a notice on the Services. If we terminate your use of the Services because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refund of the paid Subscription Fee. We are not required to provide you with notice prior to terminating your use of the Services or a reason for such termination.

5. Use of the Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services solely for your personal and non-commercial purposes. Your use of the Services must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in the Services.

The following is a list of the type of actions that you may not engage in with respect to the Services:

You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, “data mine”, or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Services or its contents;
You will not interfere, access, tamper with or disrupt the Services or the servers or networks connected to the Services;
You will not attempt to probe, scan or test the vulnerability of the Services or any of our systems or network or breach any security or authentication measures;
You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
You will not use the Services or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity;
You will not use, display, “frame” or “mirror” any part of the Services, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us; and
You will not collect or store any personal information, including personally identifiable information, from users without their express permission.

6. Consent to Electronic Communications

You agree that Mochi may send the following to you by email or by posting them on our Site: legal disclosures; these Terms; Privacy Policy; future changes to any of the foregoing; and other notices, policies, communications or disclosures and information related to the Services, including any communications made by Mochi on behalf of the Mochi Providers. You agree that Mochi may contact you via email, phone, text, or mail regarding your subscription or the Services, which may include your or your Family Member’s health information. You understand that information contained in these communications may not be protected by encryption technology, and there is a risk that they may be read by a third party. You agree to update your contact information to ensure accuracy. Your consent to conduct actions electronically covers all interactions between you and Mochi.

If you later decide that you do not want to receive certain future communications electronically, please send an email to hello@joinmochi.com or write to us at 161 Natoma St., San Francisco, CA 94105. You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from Mochi. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.

Mochi will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications – e.g., communications regarding updates to the Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by you. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.

7. Intellectual Property Rights

Mochi and our licensors retain all ownership rights, title and interest (including all intellectual property rights) worldwide to the Services, including to all software and content. No rights are granted to you other than as expressly set forth in these Terms. All trademarks, service marks and trade names are owned by Mochi or other respective owners.

8. Disclaimers

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OR INABILITY TO USE THE SERVICES, OR RESULTING FROM ANY CONTENT POSTED ON THE SERVICES.

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. FURTHERMORE, WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

Any general advice that may be posted on the Services, including information posted on the Mochi Site, is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the general information offered or provided within or through the Services. If you have specific concerns or a situation arises in which you require medical advice, you should consult with an appropriately trained and qualified medical services provider.

The Services are intended for use only within the United States. We make no representation that the Services are appropriate, or are available for use outside the U.S. Those who choose to access and use our Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.

9. Limitation of Liability

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE SERVICES WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100.00 OR THE AMOUNTS PAID BY YOU TO US FOR ACCESS TO AND USE OF SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

10. Exclusive Remedy

If you are dissatisfied with the Services, your sole and exclusive remedy is to stop using the Services and cancel your account (if applicable).

11. Dispute Resolution

Agreement to Arbitrate. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at hello@joinmochi.com or by regular mail to Mochi at 161 Natoma St., San Francisco, CA 94105 within thirty (30) days following the date you first accept these Terms, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in California. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you agree with us otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes. Notwithstanding anything to the contrary in these Terms, if we change this “Dispute Resolution” section after the date you accepted these Terms or access our Services, you may reject any such change by sending us written notice (including by email to hello@joinmochi.com) within 30 days of the date such change became effective, as indicated in the “Effective Date” listed at the beginning of these Terms or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you accepted these Terms, or accessed our Services.

12. Links to Third Party Websites

The Services may contain links to other sites that are owned and operated by third parties. We are not responsible for the privacy and services practices or the content, advertising, products, services or other materials made available on or through any such linked sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of any kind by us.

13. General Provisions

These Terms make up the entire agreement relating to your use of the Services, and supersede all prior agreements relating to the subject matter hereof.

These Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions.

We may change, suspend, or discontinue any of the Services at any time. We will try to give you prior notice of any material changes to the Services. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

These Terms do not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under these Terms to anyone else without our consent. Mochi may assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

We appreciate your feedback, suggestions, and other communications (collectively, “Feedback”) about the Services. You should know that we can, but are not obligated to, use your Feedback without restriction or any obligation to compensate you, and we have no obligation to keep them confidential.

Even after termination, these Terms will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination.

In order to protect the integrity of the Services, we may, at any time in our sole discretion, block users from certain IP addresses from accessing the Services.

14. Weight Loss Bill of Rights

Florida Statute 501.0575 outlines the rights of consumers seeking professional weight-loss services. Please read these rights below:

WARNING: RAPID WEIGHT LOSS MAY CAUSE SERIOUS HEALTH PROBLEMS. RAPID WEIGHT LOSS IS WEIGHT LOSS OF MORE THAN 1 ½ POUNDS TO 2 POUNDS PER WEEK OR WEIGHT LOSS OF MORE THAN 1 PERCENT OF BODY WEIGHT PER WEEK AFTER THE SECOND WEEK OF PARTICIPATION IN A WEIGHT-LOSS PROGRAM.

CONSULT YOUR PERSONAL PHYSICIAN BEFORE STARTING ANY WEIGHT-LOSS PROGRAM.

ONLY PERMANENT LIFESTYLE CHANGES, SUCH AS MAKING HEALTHFUL FOOD CHOICES AND INCREASING PHYSICAL ACTIVITY, PROMOTE LONG-TERM WEIGHT LOSS.

QUALIFICATIONS OF MOCHI PROVIDERS ARE AVAILABLE UPON REQUEST.

YOU HAVE A RIGHT TO:

1. ASK QUESTIONS ABOUT THE POTENTIAL HEALTH RISKS OF THIS PROGRAM AND ITS NUTRITIONAL CONTENT, PSYCHOLOGICAL SUPPORT, AND EDUCATIONAL COMPONENTS.

2. RECEIVE AN ITEMIZED STATEMENT OF THE ACTUAL OR ESTIMATED PRICE OF THE WEIGHT-LOSS PROGRAM, INCLUDING EXTRA PRODUCTS, SERVICES, SUPPLEMENTS, EXAMINATIONS, AND LABORATORY TESTS.

3. KNOW THE ACTUAL OR ESTIMATED DURATION OF THE PROGRAM.

4. KNOW THE NAME, ADDRESS, AND QUALIFICATIONS OF THE DIETITIAN OR NUTRITIONIST WHO HAS REVIEWED AND APPROVED THE WEIGHT-LOSS PROGRAM ACCORDING TO s. 468.505(1)(j), FLORIDA STATUTES.

15. Mochi Referral Program

Mochi offers a referral program (the “Referral Program”) to existing customers who are interested in referring friends and/or family members to Mochi. The Referral Program provides a $40 credit for Qualified Referrals (defined below), applicable only towards certain non-clinical services as described in these Referral Program terms and conditions (the “Referral Program Terms”).

How the Referral Program Works

A “Qualified Referral” occurs when an existing customer (the “Referring Customer”) refers a first-time customer (the “Referred Customer”), and the Referred Customer completes the Mochi onboarding process, which includes the patient’s initial visit with their obesity provider and renewal of their second month of subscription. Upon completion of onboarding, both the Referring Customer and Referred Customer will receive a $40 credit (the “Referral Credits”) applicable only towards the nutrition coaching portion of their subscription or towards shipping and handling fees. Referral codes cannot be applied retroactively, they must be applied at the time of initial subscription purchase.

Terms and Conditions

The Referral Program Terms are a binding agreement between you and Mochi and will govern your participation in any and all Referral Program offers. The Referral Program, in addition to the Referral Program Terms, is subject to the Terms and Privacy Policy. If you do not agree to the Referral Program Terms in their entirety, you are not authorized to participate in the Referral Program.

Mochi reserves the right to modify the Referral Program Terms at any time, at its sole discretion, and without notice to you. Mochi may also, in its sole discretion, change, suspend, terminate, or modify any aspect of the Referral Program without notice. Mochi also reserves the right to disqualify any Referring Customer or Referred Customer at any time from participation in the Referral Program.

If the Referral Program is terminated or the Referring Customer’s or Referred Customer’s account is closed, any remaining earned Referral Credits will be forfeited.

Referral Credits cannot be combined with any other discount codes or offers. Referral credits do not hold any value outside of Mochi and do not hold any cash value. Referral credits will not be applied and may be lost in the case of a subscription downgrade or failed payment. When downgrading or renewing following a failed payment, or following a cancellation and reactivation, referral credits will be lost and cannot be applied to that patient’s subscription.

The Referral Program Terms constitute the entire agreement between Mochi and the Referring Customer or Referred Customer concerning the Referring Customer’s or Referred Customer’s use of the Referral Program. The failure of Mochi to exercise or enforce any right or provision of these Referral Program Terms shall not constitute a waiver of such right or provision.

Liability

Participants agree to indemnify, defend, and hold Mochi and its representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from, or related to any breach by the Referring Customer or Referred Customer of any of these Referral Program Terms or any violation by the Referring Customer or Referred Customer of applicable law.

Disclaimer

Mochi reserves the right to cancel or suspend the Referral Program should it determine, in its sole discretion, that the administration, security, or fairness of the Referral Program has been compromised in any way.

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If you have any questions about these Terms, please contact hello@joinmochi.com.

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Mochi - Patient Agreement

Effective Date: August 25, 2023

Updated: April 8, 2024

This Patient Agreement (this “Agreement”) governs your use of the weight loss treatment and other services (“Services”) provided by Mochi Medical, P.C., Mochi Medical CA, P.C., Mochi Medical NJ, P.C., and Mochi Medical KS, P.A., and other medical practices (collectively, “Mochi”, “we” or “us”) affiliated with Mochi Health Corp., and its affiliates. Please read this Agreement carefully before receiving Services from Mochi.

Mochi Health Corp. provides management and technology services to Mochi and also provides membership and other non-medical services to Mochi subscribers (“Subscription Services”), and the Subscription Terms of Service govern your use of the Subscription Services provided by Mochi Health Corp. Please read the Subscription Terms of Service carefully before using Mochi Health Corp’s Subscription Services.

By signing this Agreement as either the patient, or patient’s legal representative, parent, guardian, conservator, or custodian of a minor child (under 18 years of age, except as otherwise permitted by the laws of the state in which the patient is located) or other person lacking the ability to consent (collectively “you” or “your”), you acknowledge to have read, accepted and become legally bound to the terms and conditions set forth below, including in the Telehealth Services Consent contained herein. The terms “you” or “your” shall also mean the patient or recipient of health care services. We reference the Mochi website as the “Site” in this Agreement.

Please refer to our Privacy Policy to learn how Mochi may collect, use, share and protect your medical information.

DO NOT USE THE SERVICES, INCLUDING VIA TELEHEALTH , FOR EMERGENCY OR LIFE- THREATENING MEDICAL MATTERS. FOR ALL LIFE THREATENING MATTERS, IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.

Updates to the Agreement

Mochi may, in its sole discretion, without prior notice to you, revise this Agreement at any time. Should this Agreement change materially, Mochi will update the “Updated” date noted above and post a notice regarding the updated Agreement. If you do not agree with the proposed changes, you should discontinue your use of the Services before the effective date of the change. If you continue using the Services after the Updated date, you will be bound by the updated Agreement.

Your Financial Responsibility; Assignment of Benefits

You agree to pay Mochi all applicable charges and payment responsibility at the prices then in effect for the Services provided to you or another person on whose behalf you are accepting this Agreement (such as your children or other family members) (each a “Covered Family Member”), and in accordance with the financial policy set forth in Section 2.1 of this Agreement. You will be charged for the Services provided to you or a Covered Family Member by a Mochi practitioner. You authorize Mochi and its agents to charge your chosen payment method (your “Payment Method”) for the Services provided to you. If your Payment Method is invalid at the time payment is due, you agree to pay all amounts due upon demand. The third-party services provider who manages your Payment Method may impose terms and conditions on you, which are independent of this Agreement, and you agree to comply with all of those terms. Mochi may accumulate charges that you have incurred for the Services and submit them as one or more aggregate charges during or at the end of each billing cycle. Mochi reserves the right to correct any billing errors or mistakes even if payment has already been requested or received.

If you provide information about your health insurance or health plan, that will be deemed your authorization for us to submit claims for covered Services to your health insurer or health plan. You hereby assign or otherwise authorize payment of medical benefits to Mochi for the Services provided to you. You authorize the release of any medical or other information necessary to process any claims for the Services provided. You further understand and accept your financial responsibility for any portion of the bill not covered by your health insurer or health plan.

SUBMISSION OF CHARGES DOES NOT WAIVE OUR RIGHT TO SEEK PAYMENT DIRECTLY FROM YOU.

2.1 Financial Policy

You agree that all payments are due at the time of service. Co-pays not paid at the time of your visit may be subject to an additional charge to your account. Patients who are not using insurance and are instead paying on a “cash” basis must pay in full at the time of service. If your check is returned for non-sufficient funds (NSF), we will add a service charge to your account. If that happens, you will be asked to pay the amount of the check plus the service charge within ten (10) days of the date of service. If the outstanding liability on your account has not been paid in full by then, it may be referred for collection action. If your insurance plan does not cover a procedure, you agree to sign a waiver agreeing to pay for the visit at the time of service.

You agree to present your insurance card at each visit to ensure that we bill your insurance correctly. If we determine that the charges for the visit will be applied to your deductible, you will be given the opportunity to pay a portion of the charge for the next visit. This payment will be submitted to your insurance company. Depending on the services provided, there may be a credit or an additional charge to your account.

If you have coverage through a non-contracted insurance plan, we will provide you with a coded bill to submit to your insurance company. It is your responsibility to follow up with your insurance company and pay the bill in a timely manner.

Payments may be made at our office, online, or by phone. If you are having financial difficulty, we may be able to establish a payment plan. If a payment plan is established, you agree to abide by any and all terms of the payment plan. If you fail to pay or contact our business office within sixty (60) days after a statement is issued, our collections process on your account will begin. Repeated failure to pay may result in your dismissal from Mochi and the assignment of your account to a collection agency. In the event of non-payment, a rebilling fee/finance charge will be applied to any overdue balance.

Refunds on payments are subject to the following restrictions. Compounding subscriptions for which a compounding order was made are non-refundable. Additionally, refunds processed will be subject to a $4 processing fee.

Permission to Treat

You hereby give permission to Mochi and its practitioners to care for you or a Covered Family Member. You may withdraw this consent at any time by no longer seeking Services from Mochi. You understand that if you refuse recommended care, you will not hold Mochi, any of the practitioners (each a “Mochi Clinician”) responsible for any consequences of your refusal of care.

You understand and agree that as part of providing Services to you, your medical information may be released to an online personal health record and via communication with Mochi Clinicians electronically (in accordance with our Privacy Policy).

No Show Policy

In order to avoid being charged for individual or group sessions, please be sure to email your Mochi care team member directly at least [twenty-four (24) hours] ahead of the scheduled session if you need to cancel your appointment. If you miss an appointment without 24 hours’ advance notice, Mochi may charge a fee of [$25.00] to your account.

Service Termination

You may terminate your use of the Services at any time by not using the Services anymore. We may terminate your use of the Services at any time in our reasonable discretion, for causes including but not limited illegal conduct such as falsifying information to obtain controlled substances, abusive and threatening behavior, consecutive missed appointments, and continued refusal to pay for our Services. We may terminate your use of the Services by sending notice to you at the mail or email address you provided to us or by otherwise contacting you. If we terminate your use of the Services, we will use reasonable effort to notify your insurer, if any.

Consent to Electronic Communications

You agree that Mochi may send the following to you by email or by posting them on our Site: legal disclosures; this Agreement, including the Telehealth Services Consent and Privacy Policy; future changes to any of the above; and other notices, policies, communications or disclosures and information related to the Services.

By signing this Agreement, you agree that Mochi may contact you via messaging, email, phone, text, or mail regarding the Services, including electronic communications from Mochi pertaining to your care and your health, which may include PHI. You understand that communication via email, text messages, and other electronic means selected by Mochi may not be secure and could be viewed by unintended persons, and you agree to exchange of communications, to and from Mochi via these electronic means. You agree to update your contact information to ensure accuracy.

If you later decide that you do not want to receive certain future communications electronically, please send an email to hello@joinmochi.com or a letter to Mochi, 161 Natoma St, San Francisco, CA 94105. You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from Mochi. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.

Mochi will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications – e.g., communications regarding updates to this Agreement or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to and accepted by you.

Disclaimers

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, EXCEPT IN CASE OF NEGLIGENCE OR WILLFUL MISCONDUCT, WE AND OUR AFFILIATES, MOCHI HEALTH CORP., EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS, AND AFFILIATES, PARTNER PROVIDERS, AND COACHES, WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OR INABILITY TO USE THE SERVICES.

The Services are intended for use only within the United States. We make no representation that the Services are appropriate, or are available for use outside the U.S. or outside of the states in which Mochi operates its practices. Those who choose to access and use our Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.

Limitation of Liability

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, MOCHI HEALTH CORP., EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS, AND AFFILIATES, AND PARTNER PROVIDERS, BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RELATING TO LOST PROFITS OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Telehealth Services Consent

Mochi may directly provide Services to you or a Covered Family Member using virtual technology when the Mochi Clinician and patient are not in the same physical location, and/or deliver health care services virtually, including via digital or automated tools, including without limitation tools for obesity- and weight loss-related diagnosis or treatment (the “Telehealth Services”).

Telehealth may be used for diagnosis, treatment, care, follow-up and/or patient education, and may include, without limitation, the following: electronic transmission of patient medical records, and/or other patient data or information; synchronous (i.e., “real time”) and asynchronous (i.e., non-”real time”) interactions via audio, video, text, and/or data or other electronic communications; automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to healthcare matters; and output, transmission or exchange of data from devices, sound and video files. You understand that virtual encounters required to receive Telehealth Services via phone, email, video, or otherwise, could involve certain limitations and risk, such as unauthorized disclosure of PHI, and you hereby consent to the use of automated tools for diagnosis, care, treatment or communication pertaining to healthcare matters. You also acknowledge that such virtual encounters may involve care by a variety of types of Mochi Clinicians, including but not limited to physicians, nurse practitioners, physician assistants, and registered dietitians in accordance with applicable laws and regulations.

Unless you object, you give permission to Mochi to record and process your personal details and medical data generated during the provision of Telehealth Services. You may withdraw these permissions at any time by no longer seeking Telehealth Services from Mochi.

Use of the Telehealth Services

You agree to the following terms with respect to use of the Telehealth Services:

You understand that there may be possible risks and limitations of the Telehealth Services, including that it may be possible that your condition cannot be treated via the Telehealth Services, or that information transmitted through the Site may not be sufficient or of too poor of image quality, or there may be insufficient information or data to allow for appropriate medical decision making. Accordingly, you may be required to seek additional in-person medical care, alternative healthcare or emergency services. If your health or medical problem or condition persists after use of the Telehealth Services, you will immediately contact your Services provider and seek appropriate additional in-person medical care or emergency care, as appropriate.

You understand that in rare circumstances, security protocols could fail, causing a breach of privacy that allows unauthorized persons access to your PHI.

You agree NOT to use the Site using an unsecured public Wi-Fi or other unsecure electronic communication.

You agree NOT to record any audio or visual communication transmitted via the Site, including Telehealth Services, without the express consent of all communicating parties.

You understand that you are responsible for providing accurate information through the Site, including demographics and location information, medical histories, medication use, current adverse conditions, financial information, and keeping all such information current.

You agree to follow all recommendations, protocols and other instructions you receive concerning the use of the Site and from Mochi concerning the Telehealth Services.

Dispute Resolution

You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at hello@joinmochi.com or by regular mail to Mochi, 161 Natoma St, San Francisco, CA 94105 within thirty (30) days following the date you first accept this Agreement, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in San Francisco, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in San Francisco, California. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of this Agreement.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration, as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you agree with us otherwise, the arbitration will be conducted in San Francisco, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability'' section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.

Fees

Your responsibility to pay any AAA fling, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding anything to the contrary in this Agreement, if we change this “Dispute Resolution” section after the date you accepted this Agreement or access our Services, you may reject any such change by sending us written notice (including by email to hello@joinmochi.com) within 30 days of the date such change became effective, as indicated in the “Effective Date” listed at the beginning of this Agreement or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you accepted this Agreement, or accessed our Services.

General Provisions

This Agreement makes up the entire agreement relating to your use of the Services, and supersedes all prior agreements relating to the subject matter hereof.

Even after termination, this Agreement will remain in effect such that all terms that by their nature may survive termination will survive such termination.

If you have any questions about this Agreement, please contact hello@joinmochi.com.

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Mochi - Informed Consent for Telehealth Visits

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Effective Date: August 25, 2023

Updated: April 8, 2024

I hereby consent to receiving treatment through telehealth from my Mochi Medical clinician or a qualified member of the Mochi Medical care team. I understand that “telehealth” is the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care. I understand that telehealth also involves the communication of my medical information, both orally and visually, to health care clinicians located at Mochi Medical affiliated facilities or elsewhere.

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I understand that I have the following rights with respect to telehealth:

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I have the right to withhold or withdraw consent at any time without affecting my right to future care or treatment or risking the loss or withdrawal of any program benefits to which I would otherwise be entitled. I understand that receiving treatment through telehealth does not mean I cannot receive in-person health care services, either today or in the future. I understand that there are limitations to the types of treatment that can be appropriately provided via telehealth, and that my Mochi Medical clinician determines whether or not it is appropriate for me to receive treatment via telehealth.
I understand that the information disclosed by me during the course of my treatment is generally confidential. However, there are both mandatory and permissive exceptions to confidentiality, including but not limited to reporting child, elder, and depending adult abuse, expressed threats of violence towards an ascertainable victim, and where I make my mental or emotional state an issue in a legal proceeding. I also understand that the dissemination of any personally identifiable images from the telehealth interaction to other entities shall not occur without my written consent.
I understand that I may benefit from telehealth, but that results cannot be guaranteed or assured. I also understand that there are risks involved in receiving treatment via telehealth, such as interruption of the audio-video connection or delays in receiving treatment because of technological failures.
I understand that I have a right to access my health information and copies of medical records in accordance with state and federal law.
I understand that I can discuss any questions that I have with my Mochi Medical clinician at the beginning of my telehealth consult, that my clinician will answer any such questions, and that I may decline to continue the telehealth consultation at any time.

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By beginning my telehealth consult, I confirm that I have read and understand the information in this Informed Consent and that my name and identity have been correctly identified, and that I give my informed consent to receive treatment via telehealth from Mochi Medical.

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