Terms of Use

These Terms of Use ("Terms") govern your use of obyme.com, our waitlist and sign-up forms, and the emails, texts and calls we send about them (the "Services"), which are provided by ObyMe ("ObyMe," "we," "us"). By using the Services, you agree to these Terms and to our Privacy Policy. Please read section 12: it requires most disputes to be resolved through individual arbitration and waives class actions, and it explains how to opt out.

1. No medical advice through the website

Information on the Site is for general education. It is not medical advice, a diagnosis or treatment, and it does not replace care from a qualified clinician. Using the Site, joining the waitlist or messaging us does not create a doctor–patient or other provider relationship.

Clinical services are provided by independently licensed clinicians through ObyMe-affiliated medical practices, only after you complete enrollment, agree to a separate patient agreement and telehealth informed consent, and a clinician determines that care through ObyMe is appropriate for you. Those documents, not these Terms, govern your medical care. Clinicians use their own independent medical judgment, and availability depends on the state where you are located.

2. The waitlist

Joining the waitlist is free and doesn't obligate you to anything. It doesn't guarantee that ObyMe will be available in your area, by any particular date, or that care through ObyMe will be right for you. Prices, features and availability described on the Site may change and are not an offer. You can leave the waitlist at any time by emailing privacy@obyme.com.

3. Who may use the Services

You must be at least 18 years old and located in the United States. You agree to give us accurate information about yourself and to submit information only for yourself, or for someone else only with their permission and legal authority.

4. Text messaging program terms

If you check the box agreeing to receive text messages, you agree that ObyMe may send recurring automated texts (including marketing) to the mobile number you provided, about the waitlist, our services and updates. These terms apply to that program:

• Consent is optional. It is not a condition of joining the waitlist or of any purchase.
• Frequency: message frequency varies, typically no more than 4 messages per month.
• Cost: message and data rates may apply, according to your mobile plan.
• Opt out: reply STOP to any message to unsubscribe. We'll send one confirmation and then no more texts. You can also email privacy@obyme.com.
• Help: reply HELP, or email hello@obyme.com.
• Carriers are not liable for delayed or undelivered messages.
• Privacy: we never share your mobile number or text messaging consent with third parties or affiliates for their marketing purposes. See our Privacy Policy.
• Changed number: if you give up or change your number, please let us know so we don't text the new owner.

Text messages are not a secure way to share medical details. Please don't send us sensitive health information by text.

5. Acceptable use

You agree not to: use the Services unlawfully or to harm anyone; submit false information or someone else's information without authority; interfere with or disrupt the Services, probe their security, or bypass protections; scrape, crawl or harvest data except as permitted by our robots.txt for search engine indexing; send spam or malware; or copy, modify or create derivative works of the Site except as these Terms allow.

6. Intellectual property

The Site, including its text, design, logos, graphics, photos and software, is owned by ObyMe or its licensors and protected by intellectual property laws. "ObyMe" and the ObyMe logos are our trademarks. We grant you a limited, revocable, non-exclusive, non-transferable license to view the Site for your personal, non-commercial use. If you send us feedback or ideas, we may use them without obligation to you.

If you believe content on the Site infringes your copyright, email legal@obyme.com with the information required by the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)).

7. Third-party sites and services

The Services may link to third-party websites or services, such as labs, pharmacies or partners. We don't control them and aren't responsible for their content, policies or practices.

8. Accuracy of information

We work to keep the Site accurate and up to date, including statistics and the sources we cite, but health guidance changes. Always rely on your own clinician for decisions about your care.

9. Disclaimers

To the fullest extent permitted by law, the Site and Services are provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site will be uninterrupted, error-free or secure. Nothing in these Terms limits any warranty or right that cannot be limited under applicable law.

10. Limitation of liability

To the fullest extent permitted by law, ObyMe and its affiliates, clinicians, officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of data, profits or goodwill, arising from your use of the Site or the waitlist. Our total liability for any claim relating to the Site or the waitlist is limited to one hundred U.S. dollars ($100). These limits do not apply to liability that cannot be limited by law, including for gross negligence, willful misconduct or death or personal injury caused by negligence, and they do not apply to medical care, which is governed by your patient agreement and applicable law.

11. Indemnity

You agree to indemnify ObyMe against claims, losses and expenses (including reasonable attorneys' fees) arising from your violation of these Terms or misuse of the Services, except to the extent caused by our own conduct.

12. Dispute resolution, arbitration and class action waiver

Talk to us first. Before filing a claim, you agree to email legal@obyme.com with a description of the dispute and give us 60 days to try to resolve it informally. We'll do the same for you.

Arbitration. If we can't resolve it, you and ObyMe agree that any dispute arising from these Terms or your use of the Site or waitlist will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this section. We will pay all filing, administrative and arbitrator fees beyond what you would pay to file in court. The arbitration may take place by video or in the county where you live.

Exceptions. Either of us may bring an individual claim in small claims court, and either of us may seek court relief to stop infringement of intellectual property. This section does not cover claims about medical care or professional malpractice, which are governed by your patient agreement and applicable law, and nothing here prevents you from reporting a concern to a government agency or licensing board.

Class action waiver. You and ObyMe may bring claims against each other only individually, not as a plaintiff or class member in any class, collective or representative proceeding.

Your right to opt out. You can opt out of this arbitration agreement by emailing legal@obyme.com within 30 days of first agreeing to these Terms, with your name and the subject "Arbitration opt-out". Opting out won't affect any other part of these Terms.

If the class action waiver is found unenforceable for a claim, that claim will proceed in court and not in arbitration.

13. Governing law

These Terms are governed by the Federal Arbitration Act, other applicable federal law, and the laws of the state in which ObyMe is organized, without regard to conflict-of-law rules. Any claim not subject to arbitration will be brought in the state or federal courts located there, unless the law of the state where you live gives you the right to bring it where you live.

14. Changes to these Terms

We may update these Terms. We'll post the new version here with a new effective date and, for material changes, give notice by email or on the Site before they take effect. Changes to section 12 won't apply to a dispute we already know about.

15. General

These Terms, together with the policies they reference, are the entire agreement between you and ObyMe about the Site and waitlist. If any part is unenforceable, the rest stays in effect. Our failure to enforce a provision isn't a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale. We may suspend access to the Site for anyone who violates these Terms.

16. Contact

Questions about these Terms: legal@obyme.com. Privacy questions: privacy@obyme.com. If you need this document in an accessible format, email us and we'll provide it.