Welcome to DefineMD. By enrolling in our concierge medical practice, scheduling an appointment, accessing our website or patient portal, or otherwise utilizing our services, you (“Patient,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you and DefineMD (“we,” “our,” or “us”). We reserve the right to update or modify these Terms at any time, and any changes will become effective upon posting to our website. Your continued use of our services after any such changes constitutes your acceptance of the updated Terms.

Description of Services

DefineMD is a concierge medical practice offering personalized healthcare services, which may include but are not limited to:

• In-person medical consultations and examinations

• Telehealth consultations via secure, HIPAA-compliant platforms

• Preventive health screenings and wellness assessments

• Chronic disease management and care coordination

• Prescription management

• Referral coordination with specialists and other providers

• Access to a secure patient portal for scheduling, messaging, and records

Our services are provided by licensed healthcare professionals authorized to practice medicine in the states of California and Texas, as applicable. The specific services available to you may vary based on your location, the type of visit, and applicable state law.

Patient Eligibility and Enrollment

To become a patient of DefineMD, you must be at least 18 years of age, or have a parent or legal guardian who agrees to these Terms on your behalf. Enrollment in our practice requires completion of registration forms, providing accurate personal and medical history information, and agreement to our financial policies.

We reserve the right to decline enrollment or discontinue services to any patient for legitimate, non-discriminatory reasons, including but not limited to situations where we determine that we cannot appropriately meet the patient’s medical needs.

Payment Terms

DefineMD operates as a cash-pay (direct-pay) medical practice. We do not bill insurance carriers, and we are not a participating provider in any health insurance network. All fees for services are the sole responsibility of the patient and are due at the time of service unless other arrangements have been made in writing.

Please refer to our Financial Policy for complete details regarding our fee schedule, payment methods, cancellation and no-show fees, and refund policies.

You acknowledge that payments made to DefineMD are for medical services rendered and that you are responsible for seeking any applicable reimbursement from your insurance carrier directly. We may provide you with a superbill or itemized receipt upon request to assist with insurance reimbursement, but we make no guarantee that your insurance carrier will reimburse you.

5. Telehealth Services

DefineMD offers telehealth services in accordance with applicable federal and state laws. By utilizing our telehealth services, you acknowledge and agree to the following:

• Telehealth involves the delivery of healthcare services using electronic communications, information technology, or other means between a healthcare provider and a patient who are not in the same physical location.

• Telehealth has limitations, including the inability to perform physical examinations, and may not be appropriate for all medical conditions.

• You are responsible for ensuring you have adequate technology, a reliable internet connection, and a private environment for telehealth consultations.

• You consent to the use of telehealth as a modality for receiving healthcare services from DefineMD, and you understand that you may withdraw this consent at any time.

5.1 California Telehealth Requirements

In accordance with California Business and Professions Code Section 2290.5 and the Telehealth Advancement Act, you will be informed of your right to receive a copy of your medical records, the potential risks and benefits of telehealth, and your right to refuse or withdraw from telehealth at any time. Telehealth services in California are subject to the same standard of care as in-person services.

5.2 Texas Telehealth Requirements

In accordance with the Texas Occupations Code Chapter 111 and Texas Medical Board rules, our telehealth services comply with all applicable Texas requirements, including establishing a proper provider-patient relationship, maintaining appropriate medical records, and ensuring patient informed consent for telehealth encounters.

6. Medical Disclaimers and Limitations

The information and services provided by DefineMD are intended to supplement, not replace, the relationship between a patient and their physician or other qualified healthcare provider. While we strive to provide the highest quality of care:

• We do not guarantee specific outcomes or results from any treatment or medical service.

• Medical advice provided during consultations is based on the information available at the time and is not a guarantee of diagnosis or treatment success.

• In the event of a medical emergency, you should call 911 or go to the nearest emergency room. DefineMD is not an emergency medical service provider.

• You are responsible for following through on referrals, recommended treatments, and follow-up care.

7. Patient Responsibilities

As a patient of DefineMD, you agree to:

• Provide accurate, complete, and current personal, medical, and insurance information.

• Notify us promptly of any changes to your health, medications, or contact information.

• Follow the treatment plans and recommendations made by your provider, or promptly communicate if you are unable or unwilling to do so.

• Treat our staff and providers with courtesy and respect.

• Comply with our scheduling, cancellation, and financial policies.

• Refrain from using our services for any unlawful purpose.

8. Intellectual Property

All content on the DefineMD website, patient portal, and related platforms—including text, graphics, logos, images, software, and other materials—is the property of DefineMD or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content without our prior written consent.

9. Limitation of Liability

To the fullest extent permitted by law, DefineMD, its owners, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our services, whether based on warranty, contract, tort, or any other legal theory.

Nothing in these Terms is intended to limit liability for gross negligence, willful misconduct, or any liability that cannot be excluded or limited under applicable law, including California Civil Code Section 1668 and applicable Texas law.

10. Dispute Resolution

10.1 For California Residents

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall first be submitted to mediation. If mediation is unsuccessful, the dispute shall be resolved by binding arbitration administered in accordance with the rules of JAMS or another mutually agreed-upon arbitration service, with the arbitration taking place in the State of California. You retain the right to file a complaint with the Medical Board of California regarding quality of care issues.

10.2 For Texas Residents

Any dispute arising under these Terms shall first be submitted to mediation. If mediation is unsuccessful, the dispute shall be resolved by binding arbitration in accordance with the Texas General Arbitration Act (Texas Civil Practice & Remedies Code Chapter 171) or the rules of a mutually agreed-upon arbitration service, with the arbitration taking place in the State of Texas. You retain the right to file a complaint with the Texas Medical Board regarding quality of care issues. Nothing in this section limits your rights under the Texas Deceptive Trade Practices Act.

11. Governing Law

For patients located in California, these Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. For patients located in Texas, these Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.

12. Termination of Services

Either you or DefineMD may terminate the patient-provider relationship at any time, subject to the following:

• Patient-Initiated Termination: You may discontinue services at any time by providing written notice to our office.

• Provider-Initiated Termination: We may terminate the relationship for reasons including, but not limited to, non-payment, non-compliance with treatment plans, abusive or threatening behavior, or a determination that we can no longer meet your medical needs. In such cases, we will provide you with reasonable written notice (minimum 30 days unless patient safety is a concern) and will assist with transitioning your care to another provider.

• Medical Records: Upon termination, you retain the right to request a copy of your medical records in accordance with applicable state and federal law.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy, Financial Policy, and any other policies referenced herein, constitute the entire agreement between you and DefineMD regarding your use of our services. These Terms supersede any prior agreements or understandings, whether written or oral.