Terms of service

 

PHASES Terms of Service

wearephases.com  ·  KIT Products, Co. (dba PHASES)  ·  v1.2

1. Acceptance of These Terms

These Terms of Service (the “Terms”) are a binding agreement between you and KIT Products, Co., a Delaware corporation doing business as PHASES (“PHASES,” “we,” “us”). By accessing wearephases.com (the “Site”) or using the services offered through it (the “Services”), you agree to these Terms, our Privacy Policy, and, if you receive medical services, the Telehealth Informed Consent. If you do not agree, do not use the Site or Services.

2. PHASES Is Not a Medical Provider

PHASES operates a technology, administrative, and support platform. PHASES does not practice medicine or pharmacy, does not employ physicians, and does not provide medical advice, diagnosis, or treatment. All medical services available through the Site are provided by independent, licensed healthcare providers affiliated with MD Integrations (the “Providers”), and all prescription medications are dispensed by independent licensed pharmacies (the “Pharmacies”). The decision whether to issue a prescription belongs solely to the treating Provider. Content on the Site is for informational purposes only and is not medical advice.

A valid prescription, issued by a licensed Provider following a medical consultation, is required before any prescription medication is dispensed through the Services. PHASES never sells prescription medications without a prescription, and completing a purchase on the Site does not guarantee that a Provider will issue a prescription. If a Provider determines treatment is not clinically appropriate for you, you will receive a refund as described in our Refund and Cancellation Policy.

3. Eligibility and Accounts

You must be at least 18 years old, reside in a state where the Services are available, and complete identity verification to use the Services. You agree to provide accurate, current, and complete information, including in medical intake questionnaires, and to keep your account information updated. Providing false or incomplete health information can result in serious harm to you and is grounds for termination of your account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

4. Emergencies

The Services PHASES offers are not for medical emergencies. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room immediately. The Services do not include emergency care, and messages sent through the platform may not be reviewed immediately.

5. Prescriptions, Medications, and Compounded Products

Medications available through the Services may include compounded medications prepared by licensed compounding pharmacies pursuant to a Provider’s prescription. Compounded medications are prepared for an individual patient and are not FDA-approved drugs, meaning the FDA has not evaluated the specific compounded formulation for safety, effectiveness, or quality, although the pharmacies that prepare them are licensed and regulated. Your Provider will discuss whether a compounded medication is appropriate for you. You agree to use medications only as prescribed, to review the materials provided with your medication, and to contact your Provider or pharmacist with questions. The Services do not include controlled substances. We may discontinue or suspend the availability of any product at any time, and if a product you have ordered becomes unavailable, you will receive a refund as described in the Refund and Cancellation Policy.

6. Fees, Subscriptions, and Renewals

Prices for Services are stated on the Site and may include consultation fees, medication fees, and shipping. Displayed medication pricing is contingent on a Provider issuing a prescription. If you enroll in a subscription, you authorize us to charge your payment method on a recurring basis at the interval disclosed at enrollment until you cancel. You may cancel as described in the Refund and Cancellation Policy, and cancellation is effective immediately as to all future billing cycles. We will provide advance notice of any price increase, and renewal reminders where required by state automatic-renewal laws. The Services are cash-pay and we do not bill insurance, although we may provide documentation you can submit to your health plan or use with HSA/FSA administrators where eligible.

7. Prohibited Conduct

You agree that you will not, and will not permit or assist any other person to, engage in any of the following conduct in connection with the Site or the Services. Engaging in any of the following conduct is a material breach of these Terms and grounds for suspension or termination of your account under Section 13, in addition to any other remedy available to us at law or in equity. 

• Reselling, distributing, or transferring any medication received through the Services, or obtaining medication for anyone other than yourself.

• Misrepresenting your identity or health information, or creating an account on behalf of another person without authority.

• Using the Services from a jurisdiction where they are not offered, or circumventing state availability restrictions.

• Interfering with the operation or security of the Site, scraping, reverse engineering, or using the Site to develop a competing service.

8. Intellectual Property

The Site and its contents, including the PHASES name and marks, logos, text, graphics, and software, are owned by KIT Products, Co. or its licensors and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive license to use the Site for personal, non-commercial purposes. No other rights are granted. If you submit feedback or suggestions about the Site or Services, you grant us a perpetual, irrevocable, royalty-free, transferable license to use them for any purpose without restriction or obligation to you.

9. Disclaimers

THE SITE AND THE PHASES PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, PHASES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PHASES DOES NOT WARRANT ANY PARTICULAR CLINICAL OUTCOME. NOTHING IN THIS SECTION LIMITS ANY PROVIDER'S PROFESSIONAL OBLIGATIONS TO YOU OR ANY WARRANTY OR RIGHT THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PHASES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA, ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF PHASES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO PHASES IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, AND DO NOT APPLY TO CLAIMS AGAINST MEDICAL CARE PROVIDERS ARISING FROM THE USE OF THEIR PROFESSIONAL MEDICAL SERVICES.

11. Indemnification

You agree to indemnify and hold harmless PHASES from claims, damages, and expenses (including reasonable attorneys’ fees) arising from your violation of these Terms, your misuse of the Services, or your provision of false or materially incomplete information.

12. Dispute Resolution; Arbitration; Class Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES THAT DISPUTES BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU AND PHASES MAY SEEK RELIEF.

Informal resolution. Before commencing arbitration, you and PHASES each agree to try to resolve any Dispute informally by sending the other a written notice describing the Dispute and the relief requested. Notices to PHASES go to support@wearephases.com. If the Dispute is not resolved within 30 days after the notice is received, either party may commence arbitration.

Mandatory individual arbitration. Except as provided below, any dispute, claim, or controversy between you and PHASES arising out of or relating in any way to these Terms, the Site, the Services, your access to or use of the Site or Services, any purchase made through the Site, or the relationship between you and PHASES, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (each, a “Dispute”), will be resolved exclusively by final and binding arbitration before a single arbitrator, administered by JAMS under its rules applicable to consumer disputes and the JAMS Consumer Arbitration Minimum Standards. The arbitration will take place in the county where you reside or, at your election, remotely by videoconference. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator has exclusive authority to resolve any dispute regarding the interpretation, applicability, or enforceability of this arbitration agreement, except that a court of competent jurisdiction will decide any dispute regarding the enforceability of the class action waiver below and any dispute regarding whether a claim falls within the public injunctive relief carve-out below.

Carve-outs. Either party may bring an individual claim in small claims court instead of arbitration, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights. Claims seeking public injunctive relief, where applicable law requires that such relief remain available to you, will be decided by a court of competent jurisdiction, and any such claim will be stayed pending completion of arbitration of all other claims. Claims of professional negligence against Providers are not subject to this Section and are governed by the law of the state where you receive care.

CLASS ACTION AND JURY WAIVER. YOU AND PHASES EACH AGREE THAT ANY DISPUTE MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER YOU NOR PHASES MAY BRING, JOIN, OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE ACTION OR ARBITRATION, WHETHER AS A PLAINTIFF, CLAIMANT, CLASS REPRESENTATIVE, CLASS MEMBER, OR OTHERWISE, AND THIS WAIVER APPLIES TO ANY SUCH ACTION OR PROCEEDING RELATING IN ANY WAY TO THESE TERMS, THE SITE, THE SERVICES, OR YOUR ACCESS TO OR USE OF OUR WEBSITE. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND PHASES EACH WAIVE THE RIGHT TO A TRIAL BY JURY. IF THIS WAIVER IS HELD UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM, AND ONLY THAT CLAIM, WILL PROCEED IN COURT, AND ALL REMAINING CLAIMS REMAIN SUBJECT TO ARBITRATION. ANY CLAIM PROCEEDING IN COURT UNDER THIS PROVISION WILL BE STAYED PENDING COMPLETION OF ARBITRATION OF ALL REMAINING CLAIMS.

Fees. Filing, administrative, and arbitrator fees will be allocated as provided in the applicable JAMS rules and consumer minimum standards, under which your filing fee is capped for consumer claims and PHASES bears the remaining costs of arbitration.

Opt-out. You may opt out of this arbitration agreement and class action waiver by emailing support@wearephases.com within 30 days of first accepting these Terms, stating your name and that you are opting out of arbitration. Opting out does not affect any other provision of these Terms.

13. Termination; Survival

We may suspend or terminate your account or your access to the Site and Services if you breach these Terms, if we suspect fraud, misuse, diversion, or resale of medications, if required by law, or if we discontinue the Services in your state, in which case we will provide advance notice where practicable. You may stop using the Services and close your account at any time. Termination does not affect amounts you already owe, and refunds for orders in process are governed by the Refund and Cancellation Policy. Sections 8 through 12 and any other provision that by its nature should survive termination will survive.

14. Governing Law; Miscellaneous

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules, except that the arbitration provision is governed by the Federal Arbitration Act and matters of medical practice are governed by the law of the state where you receive care. If any provisions are unenforceable, the remainder of this agreement remains in effect. These Terms, the Privacy Policy, the Telehealth Informed Consent, and the Refund and Cancellation Policy, and the Terms of Sale are the entire agreement between you and PHASES regarding the Services. We may modify these Terms prospectively by posting an updated version with a new effective date and, for material changes, providing notice. We may assign these Terms in connection with a merger, acquisition, or sale of assets. You may not assign these Terms without our prior written consent, and any attempted assignment in violation of this sentence is void. We may provide notices to you electronically, including by email to the address associated with your account. Neither party will be liable for delay or failure to perform, other than payment obligations, caused by events beyond its reasonable control, including natural disasters, epidemics, carrier or supply chain disruptions, or acts of government. The Site may contain links to third-party websites, which we do not control and for which we are not responsible.

Notice to California users. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.

15. Contact

KIT Products, Co. dba PHASES, PMB 4018, 2600 W Olive Ave, 5th Floor, Burbank, California 91505, support@wearephases.com.

Effective date July 16, 2026. Version 1.2.