KINDLEE PARTICIPANT AGREEMENT


Last updated: September, 19, 2025


PLEASE READ: This Agreement contains a binding arbitration provision and a class‑action waiver (see Section 10).


Thank you for using Kindlee — our websites, mobile apps, and official social media accounts (together, the Service). The Service is operated by Kindlee, LLC and its affiliates (“Kindlee,” “we,” “us,” “our”).


Acceptance by use (no click‑through required). By accessing or using any part of the Service — including browsing pages, creating an account, submitting a medical intake, uploading content, placing an order, or communicating with a clinician — you agree to this Participant Agreement (the “Agreement”) and the policies we reference, including our Privacy Policy and, when you seek care, our Consent to Telehealth. If you do not agree, do not use the Service.


We may update this Agreement. If we make a significant change, we will give you notice (for example, by email to your registered address or by posting in‑product). Changes take effect no sooner than 7 days after notice. If you do not agree, stop using the Service before the change takes effect. Your continued use after the effective date means you accept the updated terms. If you do not agree, you may stop using the Service before the change takes effect. Continued use means you accept the updated terms.

1. Roles and what Kindlee does

  • Patients. Individuals who use the Service to seek dermatology care and to purchase prescription or non‑prescription products.
  • Kindlee Providers. Independent, licensed health‑care professionals who deliver clinical services via the Service. They are not employees of Kindlee.
  • Partner Pharmacy. Licensed pharmacies that dispense and ship prescription products when prescribed.
  • Affiliates or Ambassadors (optional). Individuals or organizations that promote Kindlee under a separate written addendum.


Kindlee is a technology platform that connects Patients with Kindlee Providers and Partner Pharmacies. We facilitate scheduling, messaging, payments, and fulfillment. Clinical decisions are made only by licensed health‑care professionals. Dispensing is performed only by licensed pharmacies.


Except where we clearly state that Kindlee is the seller of a particular non‑prescription product, your purchase of prescription products is a transaction between you and a Partner Pharmacy based on a prescription issued by a licensed prescriber. We do not control clinical judgment, do not guarantee outcomes, and do not practice medicine.

2. Eligibility and accounts


You must be 18 or older and able to enter a binding contract. If you are under 18, you may use the Service only with the active involvement of a parent or legal guardian who is the account holder.


Keep your account and password secure. You are responsible for activity on your account. Tell us promptly if you suspect unauthorized use. Keep your contact, shipping, and payment information current. By connecting a payment method (for example, Stripe), you authorize us to charge that method for fees you approve within the Service.


You must follow all applicable laws and our policies. We may refuse, suspend, or close accounts that violate this Agreement or our policies.

3. Patient terms


3.1 Understanding the Service


Kindlee enables you to consult with a licensed clinician, receive a treatment plan, and, if appropriate, have a prescription transmitted to a Partner Pharmacy for dispensing and shipment. Processing times, shipping methods, and inventory may vary by Partner Pharmacy.


3.2 Prescription products


Some products are available only by prescription. Prescriptions are issued at the sole professional judgment of the prescribing clinician. A prescription product will not be dispensed without a valid prescription. Prescribing decisions may require additional information, follow‑up, or may result in no prescription if it is not appropriate.


3.3 Payment and insurance


Unless we tell you otherwise in writing, services and products available through the Service are self‑pay. You are responsible for fees for clinical services and products provided to you. We and our Partner Pharmacies generally do not bill federal or state health‑care programs (including Medicare or Medicaid) for these services or products. Prices for common services and products are displayed in‑product before checkout.


3.4 Telehealth consent and emergencies


Care may be provided through telehealth technologies, which can include messaging, photo or video submissions, live audio/video interactions, and the electronic exchange of health information. Please review and accept our Consent to Telehealth, which describes risks, benefits, and alternatives. Do not use telehealth for emergencies. If you believe you are experiencing an emergency, call 911 or go to the nearest emergency facility.


3.5 Returns, cancellations, and problems

  • Prescription medications cannot be returned once dispensed, and clinician consult fees are generally non‑refundable. If there is a dispensing error or shipment damage, contact Support so we can coordinate with the Partner Pharmacy.
  • Non‑prescription items may be returnable according to the posted policy for that item. Unless stated otherwise, you may request a return within 30 days of delivery if the item is unused and in original packaging. You are responsible for return shipping unless we made an error.
  • If an order has not yet shipped, you may request cancellation through your account. We will confirm whether cancellation is possible based on the order status.


3.6 Taxes


Where required by law, we or our Partner Pharmacy will collect and remit transaction taxes. In jurisdictions where we are not required to collect tax, you may be responsible for reporting and remitting use tax.

4. Interactions with clinicians and pharmacies


Kindlee coordinates technology and customer support. Clinicians are solely responsible for the practice of medicine, including diagnosis, treatment decisions, and prescribing. Pharmacies are solely responsible for dispensing, counseling related to a dispensed product, and shipping. We do not supervise or control those professional services and are not responsible for professional acts or omissions.


Care delivered through the Service does not replace your relationship with your primary care clinician. Always seek in‑person care for conditions outside the scope of your Kindlee treatment plan or when advised by a clinician.

5. User content, reviews, and acceptable use


You may post reviews, comments, photos, or other content that you own or have permission to share. By posting, you grant Kindlee a non‑exclusive, worldwide, royalty‑free license to use, host, reproduce, publish, and display that content in connection with the Service and our marketing, in any media now known or later developed, with the right to sublicense.


You agree not to post content that reveals private information, makes medical claims not approved by a clinician, is defamatory, harassing, hateful, obscene, deceptive, or that constitutes spam or advertising unrelated to the Service. Attempts to manipulate reviews (including threats, incentives, or shilling with alternate accounts) are prohibited.


We may remove or disable content that violates this Agreement or the law.

6. Communications


The Service may provide chat, messaging, email, SMS, and push notifications. Do not send unsolicited promotions or harassing messages. Respect other users’ preferences. You may receive emails or messages about your account, orders, clinical follow‑ups, and Service updates. You can manage non‑essential communications in your settings.

7. Privacy and security


Our Privacy Policy explains how we collect, use, disclose, and protect information. Health information handled on behalf of providers or pharmacies is protected as required by law. We use administrative, technical, and physical safeguards designed to protect your information; however, no system is perfectly secure.

8. No medical warranties


The Service and any content are provided “as is” and “as available.” We do not guarantee outcomes, uninterrupted access, or error‑free operation. We do not warrant the qualifications or services of any independent clinician or pharmacy. Your care plan is personal to you; results vary.

9. Limitation of liability


To the maximum extent allowed by law, Kindlee and its affiliates are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or business, arising from or related to your use of the Service. Our total liability for any claim is limited to the greater of $100 or the amounts you paid to Kindlee for the Service giving rise to the claim in the six months before the event. Some jurisdictions do not allow certain limits; in those places, we limit our liability to the extent permitted by law.

10. Disputes and governing law


This Agreement is governed by the laws of the State of Florida, without regard to conflict‑of‑law principles.


Arbitration and class‑action waiver. Any dispute arising from or relating to this Agreement or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The hearing will take place in Hillsborough County, Florida or by video conference if all parties agree. You and Kindlee agree to bring claims only in your individual capacities, not as a class or representative action. You and Kindlee understand that by agreeing to arbitration you are waiving any right to a jury trial. Either party may seek temporary injunctive relief in a court of competent jurisdiction to protect confidential information or intellectual property while arbitration is pending.

11. Termination


We may suspend or terminate access to the Service for any reason, including violations of this Agreement, suspected fraud, or risk to patient safety. You may stop using the Service at any time. Sections that by their nature should survive termination will survive, including payment obligations, content licenses, disclaimers, limitations of liability, and dispute terms.

12. Miscellaneous

  • Entire agreement. This Agreement and referenced policies are the entire agreement between you and Kindlee.
  • Severability. If a term is unenforceable, the rest remains in effect.
  • Assignment. You may not assign your rights without our consent. We may assign our rights consistent with law.
  • Notices. We may send notices to the email you provide or through in‑product messaging. You may send legal notices to: Kindlee, LLC, Attn: Legal, 1012 Goodlette-Frank Rd Suite 100, Naples, FL 34102, legal@kindleerx.com.

13. Addenda


The following addenda apply if you participate in those programs and agree to their specific terms:

  • Affiliate/Ambassador Addendum. For individuals or organizations that promote Kindlee.
  • Seller/Partner Addendum. For pharmacies or other vendors who fulfill non‑prescription items through the Service.
  • Consent to Telehealth. Incorporated by reference and required for clinical use.

Acceptance reminder


Your use of the Service (including browsing, creating an account, submitting an intake, placing an order, posting content, or messaging a clinician) constitutes your agreement to this Participant Agreement and referenced policies.


If you ever disagree with the Agreement or updates, stop using the Service. Sections that by their nature should survive (e.g., payment obligations, content licenses, disclaimers, limitations of liability, dispute terms) will continue to apply to past use.