Agreement to these Terms
These Terms of Service (“Terms”) govern your access to and use of odyhealth.co and the services, content, intake flow, account features, communications, and related platform services made available by ECM One, LLC, a Delaware limited liability company doing business as Ody Health (“Ody Health,” “Ody,” “we,” “us,” or “our”).
By creating an account, submitting an intake form, purchasing a subscription, communicating with us, or using Ody Health, you agree to these Terms. If you do not agree, do not use Ody Health.
Eligibility
Ody Health is available only to individuals who are at least 18 years old and located in the United States. By using Ody Health, you represent that you are at least 18 years old, are using the platform for yourself, and are legally able to enter into these Terms.
Availability of any protocol, lab test, medication, consultation, pharmacy service, or related service may vary by state, provider availability, pharmacy availability, laboratory availability, clinical eligibility, and applicable law.
Ody Health is a technology and administrative platform
Ody Health provides technology, intake, administrative, coordination, payment, communication, and support tools that may help connect you with independent licensed medical providers, provider networks, laboratories, pharmacies, and other third-party service providers.
Ody Health does not practice medicine, provide medical advice, diagnose, treat, prescribe, dispense medication, operate a pharmacy, operate a laboratory, or make clinical decisions. Ody Health does not control or interfere with any provider’s independent clinical judgment.
Medical services are provided by independent licensed providers
Any medical services made available through Ody Health are provided by independent licensed clinicians, including clinicians affiliated with OpenLoop or similar provider networks. The clinical relationship is between you and the applicable licensed provider, not Ody Health.
Providers are solely responsible for evaluating your medical history, determining whether any lab test, prescription, protocol, or treatment is appropriate, issuing medical advice, and deciding whether to approve, deny, modify, or discontinue care. Providers may determine that you are not eligible for a requested service or that an in-person visit, emergency care, specialist evaluation, or other care is appropriate.
You should not ignore or delay seeking medical advice because of information you read on Ody Health. If you are experiencing a medical emergency, call 911 or seek emergency medical care immediately.
No guarantee of eligibility, prescription, or results
Completing an intake form, paying for a subscription, or requesting a protocol does not guarantee that a provider will determine you are eligible for treatment, prescribe medication, order labs, or continue any protocol. Clinical decisions depend on provider judgment, medical history, lab results, contraindications, safety considerations, applicable law, and other factors.
Results vary. Ody Health does not guarantee any medical, wellness, longevity, performance, hormone, metabolic, sexual health, cosmetic, or other outcome.
Compounded medication disclosures
Some protocols may involve compounded medications if prescribed by an independent licensed provider and dispensed by a licensed pharmacy. Compounded medications are prepared by pharmacies for individual use and are not reviewed or approved by the U.S. Food and Drug Administration for safety, effectiveness, or quality in the same manner as FDA-approved drugs.
Ody Health does not compound, manufacture, possess, dispense, or ship medications. Pharmacies are responsible for dispensing and shipping medications directly to you if a prescription is issued, accepted, and fulfilled. Medication appearance, packaging, concentration, instructions, availability, pricing, and shipping timing may vary by pharmacy and applicable law.
You should discuss the risks, benefits, alternatives, dosage, contraindications, side effects, and proper use of any medication with your provider and pharmacist.
Labs, pharmacies, and third-party services
Laboratory testing, pharmacy fulfillment, medical consultations, identity verification, payment processing, and other services may be provided by third parties. These parties are independent from Ody Health and may have their own terms, privacy practices, consent forms, notices, clinical policies, and legal obligations.
Ody Health is not responsible for the professional services, clinical decisions, pharmacy decisions, laboratory results, shipping delays, third-party availability, or acts or omissions of independent providers, pharmacies, laboratories, or other third parties.
Subscriptions, billing, and automatic renewal
Ody Health offers subscription-based access to platform services. Subscription plans are billed monthly and automatically renew each month unless canceled before the next billing date. By purchasing a subscription, you authorize Ody Health and its payment processor to charge your payment method on a recurring monthly basis for the subscription price, applicable taxes, and any other charges disclosed at checkout.
Subscription fees may be separate from provider fees, laboratory fees, medication costs, pharmacy charges, shipping charges, or other third-party charges unless expressly stated at checkout. We will disclose material pricing terms before you complete a purchase.
You are responsible for maintaining accurate billing information. If your payment method fails, we may suspend, limit, or terminate access to the platform or request updated payment information.
Cancellation
You may cancel your subscription at any time through your account settings if available or by contacting info@odyhealth.co. Cancellation stops future renewal charges but does not automatically refund charges already incurred.
To avoid being charged for the next monthly billing cycle, you must cancel before your next renewal date. If you cancel after a renewal charge has been processed, cancellation will take effect for the following billing cycle unless a refund is required by law or approved under our refund policy.
Ody Health may cancel, suspend, or refuse service if required by law, if a provider determines services are not appropriate, if you violate these Terms, if payment fails, if fraud or misuse is suspected, or if continued service is not operationally available.
Refund policy
Unless required by law, subscription fees are non-refundable once a billing period begins. However, we may provide refunds in our discretion where a billing error occurred, duplicate charges were made, or you were charged after timely cancellation.
We generally do not provide refunds after a provider has begun reviewing your intake, after a consultation has occurred, after labs have been ordered or processed, after a prescription has been sent to a pharmacy, or after medication has been prepared, dispensed, shipped, or delivered.
Pharmacy, medication, laboratory, shipping, and third-party fees may be non-refundable once incurred because those services are performed by independent third parties and may involve clinical, safety, regulatory, or pharmacy restrictions.
Billing disputes must be submitted to info@odyhealth.co within seven days after the charge appears on your payment method. We will review reasonable refund requests in good faith, but submitting a request does not guarantee a refund.
Shipping address and delivery
You are responsible for providing and maintaining an accurate shipping address. If a medication, lab kit, or other item is shipped by a third party, shipping times, tracking, delivery, reshipment, and replacement policies may be controlled by the pharmacy, laboratory, carrier, or other third party.
Ody Health does not possess or ship medications and is not responsible for packages that are delayed, lost, stolen, returned, misdelivered, damaged, or affected by incorrect address information, weather, carrier issues, pharmacy requirements, or legal restrictions.
Your account responsibilities
You agree to provide accurate, current, and complete information, including medical history, medication use, allergies, symptoms, lab information, identity information, contact details, billing details, and shipping information. You are responsible for updating information if it changes.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly at info@odyhealth.co if you believe your account has been accessed without authorization.
Prohibited uses
You may not use Ody Health to submit false, incomplete, or misleading information; impersonate another person; obtain medication for someone else; resell, transfer, or distribute medication; interfere with provider judgment; misuse prescriptions; violate law; attempt unauthorized access; scrape or copy the platform; reverse engineer the platform; introduce malware; abuse support channels; or use the platform in a way that could harm Ody Health, users, providers, pharmacies, laboratories, or others.
Violation of these provisions may result in immediate suspension or termination of your account and may be reported to appropriate providers, pharmacies, payment processors, regulators, or law enforcement where appropriate.
Intellectual property
Ody Health, odyhealth.co, the platform, design, text, graphics, logos, trademarks, service marks, software, workflows, content, and related materials are owned by Ody Health or its licensors and are protected by intellectual property laws.
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the platform for your personal, non-commercial use. Nothing in these Terms grants you ownership of the platform or any Ody Health intellectual property.
Disclaimers
Ody Health is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, and uninterrupted or error-free operation.
Ody Health does not warrant that any provider, pharmacy, laboratory, medication, prescription, consultation, lab test, shipment, or third-party service will be available, appropriate, timely, uninterrupted, error-free, or produce any particular result.
Limitation of liability
To the maximum extent permitted by law, Ody Health and its owners, officers, directors, employees, contractors, vendors, licensors, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, including lost profits, lost data, loss of goodwill, service interruption, personal injury, or emotional distress arising out of or related to your use of the platform.
To the maximum extent permitted by law, Ody Health’s total liability for any claim arising out of or related to these Terms or the platform will not exceed the amount you paid to Ody Health for platform services during the three months before the event giving rise to the claim.
Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless Ody Health and its owners, officers, directors, employees, contractors, vendors, licensors, and affiliates from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your misuse of the platform, violation of these Terms, violation of law, infringement of rights, false or misleading information, or conduct involving another person’s account or information.
This obligation survives termination of your account and these Terms.
Class action waiver
To the maximum extent permitted by law, you and Ody Health agree that any dispute, claim, or proceeding arising out of or related to these Terms, the platform, or your use of Ody Health will be brought only on an individual basis and not as a plaintiff, claimant, or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding.
The court may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim. This class action waiver does not prevent you from seeking public injunctive relief where that right cannot be waived under applicable law.
Governing law and venue
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Subject to any non-waivable rights you may have under applicable law, you and Ody Health agree that any dispute arising out of or related to these Terms or the platform will be brought in the state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction and venue in those courts.
Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the effective date and provide notice as required by law, which may include posting revised Terms on odyhealth.co or emailing the address associated with your account. Continued use of Ody Health after the effective date of updated Terms means you accept the updated Terms.
Contact
Questions about these Terms may be sent to info@odyhealth.co or by mail at:
ECM One, LLC
Attn: Legal
1049 Havenhurst Dr
West Hollywood, CA 90046