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Terms of Service

Date of last revision: June 29, 2026

Among other activities, Nolu's services enable coordination and communication with a licensed health care provider. It does not replace your relationship with any health care provider, nor is any provider-patient relationship created between you and Nolu or any employee, contractor, or other representative of Nolu. Nolu does not provide medical services. Medical services are provided through a contracted network of licensed clinicians (which may include physicians, nurse practitioners, and other licensed health professionals) authorized to practice in the state where you reside.
These services might not be appropriate for all medical conditions or concerns. If you think you may have a medical emergency or mental health crisis, call your health care provider or 911 immediately. Do not access the services for emergency or crisis care. Do not ignore or delay obtaining professional medical advice because of information accessed through the services. Nolu is not responsible for any actions or inactions of any user.
Arbitration notice and class action waiver. This agreement contains provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis, and not by a lawsuit or resort to court process. This means that (i) you are giving up, and you waive, the right to have any such dispute decided in a court of law before a jury or a judge (except as set forth expressly in the Dispute Resolution section), and (ii) you are giving up, and you waive, the ability to pursue any such dispute in a class, consolidated, or representative action or proceeding.

Introduction

Nolu LLC and its affiliates (collectively, "Nolu," "we," "us," or "our") own and operate the website located at trynolu.com (the "Website"). We refer to the Website and other services provided by Nolu together herein as the "Services." In these Terms of Service, the terms "you," "your," "customer(s)," or "member(s)" refer to the person using the Services.

These terms and conditions of use ("Terms of Service") describe your rights and responsibilities with regard to the Services. Your access to and use of the Services is subject to these Terms of Service, our Privacy Policy, as well as all applicable laws and regulations. In using certain parts of the Services, you may be presented with additional or supplementary terms regarding the use of those specific Services, and you agree to review and be bound by such additional terms.

Please read these Terms of Service carefully because they set forth the important terms you will need to know about the Services. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by and comply with these Terms of Service. If you do not or cannot agree with any part of these Terms of Service, you may not use the Services. These Terms of Service are subject to change as provided herein.

1. Services Overview, Availability, and Eligibility

Overview of the Services

The Services may include:

  • Providing individuals with information on health care and wellness.
  • Providing individuals with access to a provider network that includes licensed clinicians who are authorized to practice in your state of residence.
  • Providing individuals with access to direct-mail pharmacy services.
  • Providing individuals with access to technology-oriented tools for addressing certain health issues.
  • Development and gathering of health care records and health care information, with retention of the same for use in health care provider appointments, communications, and pharmacy services, all of which are provided by third-party unaffiliated providers.
  • Administrative support in connection with scheduling, payment for health care provision, and processing of payments related to pharmacy fulfillment.
  • Telecommunications support for using the Services as a means of direct access to a health care provider for communication, consultations, assessments, and treatment by such health care organizations and their providers.

The Nolu Services should not be considered medical treatment. You should always talk to an appropriately qualified health care professional for final diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the content on the Services represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Nolu does not recommend or endorse any specific tests, providers, medications, products, or procedures.

Availability

Nolu is based in the United States. We provide the Services for use only by persons located in the United States. We make no claims or representations that the Services or any material included in the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and you are solely responsible for compliance with local laws, including export laws as applicable.

Currently offering services in all 50 states plus Washington D.C. Some services may not be available in all 50 states or Washington D.C. Subject to change.

Eligibility

Our Services are intended for use by you only if you are 18 years of age or over. To qualify to use the Services, the following must be true, and by accessing or using the Services, you represent and warrant that they are true:

  • You are age 18 or over. Note that some Services may only be available to individuals over the age of 21, and in such circumstances, you will be notified of this requirement.
  • You are located in a state where we operate (depending on the type of Services).
  • You agree to be legally bound by and comply with these Terms of Service.

You understand and agree that satisfying the above requirements does not guarantee that you will receive Services. In addition to the above requirements, Nolu and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you. To access or use the Services, you must have compatible devices, access to the Internet, and certain necessary software. Fees and charges may apply to your use of mobile services and to the Internet.

2. Platform Services

Telehealth Services

We provide a website through which you can obtain an online visit with an independent, licensed health care professional (a "Provider") and mail-order pharmacy services for any medications prescribed to you (collectively, the "Services"). "Provider" means an independent, licensed clinician — which may include a physician, nurse practitioner, physician associate, or other licensed health professional — or the professional entity that provides clinical services to you through or in connection with the platform. The Services constitute a form of telehealth, which involves the delivery of health care services using electronic communications between a health care provider and a patient who are not in the same physical location. We believe that telehealth has the potential to provide a number of benefits, including convenient, discreet, and affordable care.

Telemedicine may be used for diagnosis, treatment, follow-up, and/or related patient education, and may include, but is not limited to: electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider; interactions between a patient and health care provider via audio, video, and/or data communications; and use of output data from medical devices, sound, and video files.

By accepting these Terms of Service, you agree and consent to Nolu, the Provider, and any other health care organization(s) or provider(s) with whom we contract to provide the Services to you sending you disclosures, notices, messages, reports, and other communications either in writing or electronically, including without limitation through your account or by email. It is your responsibility to monitor these communications. You acknowledge and agree that no means of electronic transmission can be guaranteed to be 100% secure, and that any information sent to or signed by you or us electronically shall be deemed equivalent to as if such information was provided or signed in writing. Your Provider will obtain your consent to receive telehealth services when you begin your telehealth visit.

Your Relationship With Nolu

Nolu does not provide any medical services, including via the Services. Rather, Nolu provides a technology platform for you to access a Provider who is employed or contracted with a network of affiliated medical groups and to obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Services are for informational purposes only and are not a substitute for direct in-person health care services in all cases. By coordinating and consulting with an affiliated medical group or its licensed clinicians through the Services, you are not entering into a provider-patient relationship with Nolu. Except for specific communications received from your Provider, none of the information you receive through the Services should be considered medical advice.

Nolu does not make any representations or warranties about the training or skill of any Providers. You are ultimately responsible for choosing whether to seek treatment from a Provider through the Services. Nolu takes certain limited steps to verify that Providers hold the licenses, certifications, or registrations required by law. Nolu may exclude a Provider, at its sole discretion, for any reason. You hereby certify that you are physically located in the state you have entered as your current location on the Services, and you acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification.

No Insurance Accepted; Your Financial Responsibility

Nolu and the Providers do not accept commercial health insurance plans, are not in-network with any commercial health insurance plans, and are not enrolled with federal or state health care programs, such as Medicare and Medicaid. By choosing to use the Services, you are specifically choosing to obtain products and services on a cash-pay basis outside of any commercial health insurance plan or federal or state health care program. You are solely responsible for the costs of any services or products provided to you. If you are a federal health program beneficiary, you agree that no claim for reimbursement for the costs of the services and products provided to you through the Services will be submitted to any federal or state health care program.

Pharmacy Services

If you receive a prescription as a result of your use of the Services, you may select one of the pharmacies we contract with (the "Pharmacy Network") to ship your prescription, or you may choose to have your prescription fulfilled through the pharmacy of your choice when prompted during your use of the Services. You give us consent to send and disclose to the Pharmacy Network or the pharmacy of your choice all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location, and demographic information) so that you may receive pharmacy services.

3. Pharmacy Partners, Fulfillment, and Shipping

Nolu does not dispense medication and is not a pharmacy. Where a Provider issues a prescription, it may be fulfilled by one of the licensed pharmacies we contract with (each a "Partner Pharmacy") and/or a pharmacy of your choice, depending on the program and your location. You authorize your Provider and the Services to transmit prescription information to one or more pharmacies for dispensing and shipment, as permitted by law. Any prescription order is at the professional discretion of your Provider. Your prescription may be transferred among pharmacies for fulfillment, availability, pricing, or operational reasons, consistent with applicable law and your instructions.

The Partner Pharmacies that may fulfill prescriptions arranged through the Services are:

Shipping and Handling

Shipping times are estimates and may vary due to pharmacy processing, verification, carrier delays, weather, holidays, or other factors. Certain medications require refrigeration or other special handling; you are responsible for receiving shipments promptly and following the storage instructions provided. Some medications may ship in non-child-resistant packaging where permitted by law — keep all medications out of the reach of children. Please inspect your items promptly upon receipt and contact customer support at support@app.trynolu.com if any item appears damaged or incorrect so the pharmacy can arrange a replacement where appropriate.

The list of Partner Pharmacies is current as of the date of this document and is subject to change. Always contact your Provider or another qualified health care professional with any questions regarding your personal health or medical conditions.

4. Registration and Account Creation

Although certain parts of the Services are accessible without creating an account, you may be required to create an account to access and use certain parts of the Services. If you create an account, you agree to provide information that is accurate, complete, and correct, and to accurately maintain and update any information about yourself that you have provided to Nolu. If you do not maintain such information, or Nolu has reasonable grounds to suspect as much, Nolu has the right to suspend or terminate your account and your use of the Services.

You agree to keep your username and password confidential and to exit from your account at the end of each session. You are responsible for all activities that occur under your account. You also agree to immediately notify Nolu of any unauthorized use of your username or password, or any other breach of security relating to the Services, by emailing legal@trynolu.com. You may not transfer or share your password with anyone, create more than one account, or use anyone else's account at any time. Nolu explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.

5. Privacy

Nolu understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy for information about how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms of Service by reference and constitutes a part of these Terms of Service.

6. Ownership and License to Use the Services

Ownership

As between Nolu and you, Nolu is the sole and exclusive owner of all right, title, and interest in and to the Services and their content, features, and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel) ("Services Content"). You are not permitted to reproduce, publish, distribute, modify, reverse engineer, disassemble, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the Services or Services Content except as permitted by these Terms of Service or otherwise by Nolu expressly in writing. Certain names, logos, and other materials displayed in and through the Services may constitute trademarks, trade names, service marks, or logos ("Marks") of Nolu or its affiliates, and you are not authorized to use any such Marks without the express written permission of Nolu.

Your License

Subject to your compliance with these Terms of Service, we hereby grant to you a personal, limited, revocable, non-exclusive, and non-transferable right to view, download, access, and use the Services and Services Content solely for your personal and non-commercial use and only as permitted under these Terms of Service and the Privacy Policy. No other right, title, or interest in or to the Services or Services Content is transferred to you, and all rights not expressly granted are reserved by Nolu or its licensors.

7. User Content and Nolu's License to Use Such Content

Except as provided in our Privacy Policy, or information governed by applicable federal and state-specific privacy laws and regulations, you understand and agree that any information you provide through the Services — whether by direct entry, submission, email, or otherwise, including data, questions, comments, forum communications, or suggestions/feedback — will be treated as non-confidential and non-proprietary and will become the property of Nolu and/or (i) the affiliated medical groups or (ii) individual health providers utilizing the Services ("User Content").

Except as provided in our Privacy Policy or subject to any applicable laws, you hereby grant Nolu, our service providers, our successors and assigns, our affiliated health care providers, and their affiliated medical groups, a fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Services for the purposes of providing Services to you; marketing Services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying, and/or improving features, products, and services of Nolu. You understand that any User Content you publish in public forums will be viewable and copyable by other users and potentially the public at large.

You acknowledge, consent, and agree that we may access, monitor, preserve, and disclose your information and/or any User Content you submit if required to do so by law or in a good-faith belief that such access, preservation, or disclosure is permitted by law or reasonably necessary or appropriate to: comply with legal process; enforce these Terms of Service, our Privacy Policy, or other contracts with you; respond to claims that any content violates the rights of third parties; respond to your requests for customer service; or protect the rights, property, or personal safety of Nolu, its agents and affiliates, its users, and the public.

9. Restrictions on Use

You agree that in using or accessing the Services, you will not, and will not attempt to:

  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
  • Violate any local, state, national, or international law (including export laws).
  • Reverse engineer, disassemble, decompile, or translate any software or other components of the Services.
  • Distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code.
  • Access or use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party.
  • Use any robot, spider, scraper, or other automated means to access the Services without our express prior written permission, or bypass our robot exclusion headers or other access-control measures.
  • License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Services, Services Content, or User Content other than as expressly permitted herein.
  • Create or develop competing products or services, or act for any other purpose that is to Nolu's detriment or commercial disadvantage.
  • Damage, disrupt, disable, impair, overburden, or otherwise interfere with the Services, Services Content, or User Content.
  • Post, transmit, or disseminate any content that is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, obscene, hateful, violent, discriminatory, or otherwise objectionable, or that infringes any third party's rights.
  • Harm, harass, threaten, abuse, defame, or intimidate any affiliated health care provider who provides health care services related to the Services.
  • Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the Services or any computer network, or circumvent any security measure.
  • Remove, delete, alter, or obscure any trademarks, warranties, disclaimers, or any copyright or other proprietary rights notices.
  • Transmit any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," or "spam."
  • Otherwise use the Services in any manner that exceeds the scope of use granted herein, or encourage or enable any other individual to do any of the foregoing.

10. Disclaimer of Warranties

You expressly agree that use of the Services is at your sole risk. You acknowledge and agree that the Services are provided on an "as is" and "as available" basis. Nolu and its affiliates and their respective officers, directors, managers, partners, members, employees, and agents (collectively, "Related Persons") make no representations or warranties and expressly disclaim any and all warranties of any kind, whether express or implied, with respect to the Services, including, but not limited to, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, availability, security, accuracy of data, freedom from viruses or malware, completeness, timeliness, functionality, reliability, or speed of delivery. We make no warranties or representations that your use of the Services will not infringe the rights of third parties.

Nolu makes no guarantees, representations, or warranties with respect to professional qualifications, expertise, quality of work, price or cost information, or any other content available through the Services, and does not endorse or recommend any individual Provider or Pharmacy Network. Do not disregard, avoid, or delay obtaining medical advice from a qualified health care provider under any circumstance. To the fullest extent of applicable law, neither Nolu nor its Related Persons will be liable for any loss or damage caused by your reliance on information obtained through the Services. Nolu does not guarantee that the Services will be uninterrupted or free from error, defect, loss, delay, corruption, cyberattack, viruses, interference, hacking, malware, or other security intrusion.

11. Limitation of Liability

To the extent permitted under applicable law and except as set forth in this section, in no event will Nolu, its Related Persons, or licensors be liable to you or to any party for any claims, liabilities, losses, costs, or damages under any legal or equitable theory, whether in tort (including negligence and strict liability), contract, warranty, statute, or otherwise, including, but not limited to, any indirect, incidental, special, consequential, punitive, or exemplary damages, including damages for loss of revenues, profits, goodwill, use, or data, service interruption, computer or mobile phone damage, or system failure, or for any damages for personal or bodily injury or emotional distress, including death, arising out of or in connection with any access to or use of (or inability to use) the Services. This is true even if Nolu or its Related Persons have been advised of the possibility of such damages or losses.

In no event shall Nolu's or its Related Persons' total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed, in the aggregate, the greater of (i) one hundred dollars ($100) or (ii) the amount paid by you, if any, for accessing the Services in the twelve (12) month period preceding the applicable claim.

If you are a California resident, you hereby waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages; accordingly, some of these limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Nolu, its affiliates, its subsidiaries, and all of their directors, officers, employees, contractors, licensors, suppliers, representatives, partners, shareholders, agents, successors, and assigns from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, losses, costs, and expenses (including, without limitation, reasonable attorneys' fees and litigation expenses) relating to or arising from, or alleged to arise from: (i) your use of the Services, or your use of the materials or features available on the Services, in an unauthorized manner; (ii) your fraud, violation of law, negligence, or willful misconduct; or (iii) any breach by you of these Terms of Service.

13. Third-Party Links and Features on the Services

The Services may contain hyperlinks, plug-ins, products, or features operated by third parties ("Third-Party Services"). Such Third-Party Services are not under our control; therefore, we are not responsible for the information, products, or services described by, or for the content or features of, any such Third-Party Services. We provide these Third-Party Services to you only as a convenience, and the inclusion of any Third-Party Services does not imply endorsement. Your use of these Third-Party Services is at your own risk.

No agency relationship is created between Nolu and any user or third party. We will not be involved in resolving any disputes between you and another user or third party. In the event that you have a dispute with one or more other users or third parties through your use of the Services, you release Nolu, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, arising out of or in any way related to such disputes and/or our Services.

14. Changes to the Terms of Service and the Services

The Services are continually under development, and Nolu reserves the right to revise or remove any part of these Terms of Service in its sole discretion at any time and without prior notice to you. You should check the Terms of Service from time to time when you use the Services to determine if any changes have been made. Any changes to these Terms of Service are effective upon posting to the Services, unless applicable law requires us to provide additional notice. If you disagree with these Terms of Service, your sole and exclusive remedy is to discontinue your use of the Services. Your continued use after a change has been posted constitutes your acceptance of the changes.

You acknowledge and agree that all or any part of the Services may not be accessible at any time, for any period, or for any reason, and that Nolu will not be liable if for any reason all or any part of the Services are unavailable. Nolu reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Services or any portion thereof, with or without notice.

15. Payments

You agree to pay all fees due for any prescriptions, medications, or plans you request, pursuant to the payment terms presented at checkout. Prices are subject to change at any time in our sole discretion. You will be prompted to provide your payment details, such as your credit card information and any promotional codes, before confirming your purchase. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount(s) due at the time of each approved transaction.

Payments made to Nolu cover the cost of products and services provided through the platform, which may include plan or membership access, medication fulfillment, shipping, and related logistical expenses. If your payment method cannot be processed, you may be notified to provide an alternative form of payment. Nolu and its affiliates have no obligation to fulfill orders unless full payment is received and verified. You are responsible for keeping your payment information accurate and up to date.

Except as otherwise set forth in any applicable Refund Policy, you acknowledge and agree that, due to the nature of the products available through Nolu, any applicable fees and charges are generally non-refundable, in whole or in part, once the order has been fulfilled. You remain fully responsible for all charges made to your account, including any unauthorized or unverified transactions.

16. Subscriptions and Automatic Renewal

Certain Nolu plans are offered on a recurring subscription basis to ensure continuity of care. Automatic billing is a material term of enrollment in any recurring plan.

Automatic Billing and Renewal

By enrolling in a recurring plan, you expressly authorize Nolu and its third-party payment processors to automatically charge your payment method on file at the frequency and price disclosed to you at checkout, until you cancel. Your subscription will renew automatically unless cancelled before your next billing date. Your payment method will be charged automatically each billing cycle even if you do not utilize all available services in a given period.

Price Adjustments

Prices are subject to change; however, any change to your subscription pricing will be communicated to you before it takes effect, and your continued participation following such notice constitutes your acceptance of the revised rate.

Cancellation

You may cancel your subscription at any time, for any reason, through your account settings or by contacting customer support at support@app.trynolu.com. To ensure a smooth process, we require your cancellation request to be received at least 72 hours prior to your next billing date. If prior notice is not received within this window, your subscription will be charged in accordance with the then-current billing cycle, and the cancellation will take effect on the subsequent billing cycle. After cancellation, you will continue to receive the Subscription Services through the end of the then-current billing cycle. Whether you are eligible for a refund is determined by our Cancellation and Refund Policy.

Billing Responsibility

You represent that you are the authorized user of the payment method provided. If a payment cannot be processed, we reserve the right to suspend your treatment plan or cancel your order until a valid payment method is established. You remain responsible for all transactions incurred under your account.

State-Specific Automatic Renewal Disclosures

Where required by state law (including, for California residents, California Business and Professions Code §§ 17600–17606): (a) Nolu's recurring plans are automatically renewing subscriptions that continue at the price and frequency disclosed at checkout until you cancel; (b) you may cancel at any time before your next renewal date through your account settings or by contacting support@app.trynolu.com; (c) Nolu will notify you of any material change to subscription pricing or terms before the change takes effect; and (d) fees for a billing period already commenced are non-refundable except as expressly provided in our Refund and Treatment Availability Policy.

17. Cancellation and Refund Policy

Your right to cancel and your eligibility for a refund are governed by our Cancellation and Refund Policy, available at trynolu.com/policies/refunds, which is incorporated into these Terms of Service by reference. In general, once a prescription medication has been ordered for you, federal law prohibits its return to a pharmacy for refund or reuse, and fees for a billing cycle already commenced are non-refundable except as expressly provided in the Cancellation and Refund Policy.

Members acknowledge that all plans are subject to the availability of treatments, supply factors, and external circumstances beyond Nolu's control and that of its network providers and pharmacies. If a member's prescribed treatment becomes unavailable, Nolu-network clinicians may recommend suitable alternative treatments. Members may choose to accept an alternative treatment or request a refund in accordance with the following terms.

Refunds for Unavailable Products

If Nolu, through its network pharmacies, cannot fulfill a treatment plan due to supply shortages, FDA regulations, or other factors outside its control, customers are eligible for a prorated refund. The refund will be calculated based on the unshipped portion of the listed monthly price of the prepaid plan, with deductions only for the monthly cost of any treatments already provided.

Switching to an Alternative Treatment

Members may request a credit in lieu of a refund to their Nolu account in order to switch to another available and eligible treatment plan if their preferred option is unavailable.

Nolu is committed to providing clear, fair, and transparent refund processes. Approved refunds will be processed within 30 days of an approved request. Members agree to receive notifications regarding plan changes or alternative options via email and must respond promptly to avoid treatment interruptions. By completing a purchase, the member confirms that they understand and accept these terms.

18. Termination

These Terms of Service will remain in full force and effect as long as you continue to access or use the Services. You may terminate these Terms of Service at any time by discontinuing use of the Services. Your permission to use the Services automatically terminates if you violate these Terms of Service.

Nolu may terminate or suspend any of the rights granted by these Terms of Service and your access to and use of the Services, with or without prior notice, for any reason, and at any time, including for violations of these Terms of Service. The following provisions survive the expiration or termination of these Terms of Service: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, Severability; No Waiver; and Assignment. After termination, Nolu will have no further obligation to provide the Services, except to the extent a Provider or Pharmacy Network is obligated to provide you access to your health records or continuing care under applicable legal, ethical, and professional obligations.

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

Please read this section carefully because it requires you and Nolu to resolve all disputes between us through binding individual arbitration and limits the manner in which you can seek relief from Nolu. By entering into these Terms of Service, you and Nolu are each waiving the right to a trial by jury and the right to participate in a class action.

Governing Law

These Terms of Service and your use of the Services shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. Subject to the requirement to arbitrate set forth in this section, exclusive jurisdiction for all disputes that do not require arbitration will be the state and federal courts located in Wilmington, Delaware, and you consent to the jurisdiction of those courts.

Binding Arbitration

Except as described in the "Exceptions" subsection below, you and Nolu agree that every dispute arising in connection with these Terms of Service, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate includes all claims, whether based in contract, tort, statute, regulation, fraud, misrepresentation, common law, or any other legal or equitable theory. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

Exceptions

Nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either party to: bring an individual action in small claims court; file suit in a court of law to address an intellectual property infringement claim; or seek injunctive relief in a state or federal court in Wilmington, Delaware.

Arbitrator and Commencing Arbitration

This arbitration agreement is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Rules") as modified by these Terms of Service. The AAA Rules and filing forms are available at www.adr.org. Before initiating arbitration, a party must first send a written notice of the dispute ("Notice of Arbitration") to the other party. A copy of all Notices of Arbitration to Nolu must be sent via email to legal@trynolu.com. The Notice of Arbitration must identify the party making the claim, describe the nature and basis of the claim, and set forth the specific relief sought. The parties will make good-faith efforts to resolve the claim directly; if the parties do not reach an agreement within 30 days after the Notice of Arbitration is received, you or Nolu may commence an arbitration proceeding.

Class Action Waiver

You are waiving the ability to participate as a class representative or member in any class or collective claim you may have against us, including any right to class or collective arbitration or any consolidation of individual arbitrations. You also agree not to participate in claims brought in a private attorney general or representative capacity, or in consolidated claims involving another person's account, if we are a party to the proceeding.

Limited Time to File Claims

To the fullest extent permitted by applicable law, if you or Nolu wants to assert a dispute against the other that is subject to arbitration pursuant to these Terms of Service, then you or Nolu must commence such dispute by delivery of a Notice of Arbitration within one (1) year after the dispute arises — or it will be forever barred.

Severability

All parts of these Terms of Service apply to the maximum extent permitted by law. If we cannot enforce a part of these Terms of Service as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of part of these Terms of Service will not affect the validity and enforceability of the remaining provisions. Section headings are for convenience only and do not have any force or effect.

20. Communications by Text Message and Email

By opting in to receive text (SMS) messages from Nolu, or by sending Nolu an initial text message (an "SMS Enrollment"), you consent to receiving text messages regarding your Nolu account and use of the Services. These text messages may include order confirmations, shipping notifications, messages from your health care provider, and other transactional messages, as well as promotional and marketing notifications to the extent you have opted in to receive such messages.

With your SMS Enrollment, you represent that you are the owner or authorized user of the mobile device used to initiate the SMS Enrollment and that you are authorized to approve any applicable charges. You will be responsible for all messaging and data charges that may apply. Neither Nolu nor your or Nolu's mobile carriers will be liable for delayed or undelivered messages.

Access to the Services is not conditioned upon your consent to receive marketing or promotional text messages, and you can opt out of any of Nolu's SMS services at any time by texting "STOP" to the message received. You also understand that the transmission of information over the internet and mobile networks is not 100% secure, and that text messages and emails you send to or receive from Nolu are not encrypted. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk. If you have any concerns, please contact us at legal@trynolu.com.

21. Miscellaneous Terms

No Waiver

No waiver by Nolu of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Nolu to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

No Agency Relationship

Neither these Terms of Service, nor any Services Content, materials, or features of the Services, create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.

Assignment

You may not assign any of your rights under these Terms of Service, and any such attempt will be null and void. Nolu and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Service if some or all of the business of Nolu is transferred to another entity by way of merger, sale of its assets, or otherwise.

Entire Agreement

This is the entire agreement between you and Nolu relating to the subject matter herein and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter.

22. Contact Us

If you have any questions about these Terms of Service, please contact us at legal@trynolu.com.