Terms of Service

DO NOT USE THIS SERVICE IF YOU MAY BE EXPERIENCING A MEDICAL EMERGENCY.

In an emergent situation, you can: (i) call 911; (ii) go to the nearest emergency room; (iii) contact your local crisis center; (iv) if applicable, call the National Suicide Prevention Lifeline (1-800-273-8255); or (v) if applicable, contact the Crisis Text Line (text “GO” to 741-741).

Pomelo Care, Inc., (referred to herein as “Pomelo Care”, “we”, “our” or “us”) owns and operates the Pomelo Care websites available at https://www.pomelocare.com/ and midlife.pomelocare.com (the “Sites”), the Pomelo Care mobile application (the “App”), membership services that include administrative and technology services (“Membership Services”), and connectivity required to receive services from health care providers and contracted staff, including Pomelo, P.C. (“Providers”) via the virtual clinic (the “Virtual Clinic”) (collectively, the “Services”). These Terms of Service (“Terms”) govern your use of the Services.

These Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

By accessing, browsing, and/or using the Services, you acknowledge that you have read and agree to be bound by these Terms.

These Terms are subject to change by us at any time and without prior notice, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated” date referenced on the Sites. If we make material changes to these Terms, we will make reasonable efforts to notify you of such changes (such as posting a notice on the Sites). Your continued use of the Sites after such changes will constitute your acceptance of such changes. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Sites.

1. Important Notices and Disclaimers

Pomelo Care is not a healthcare provider. It does not provide medical advice or healthcare services. Pomelo Care may connect you with Providers like Pomelo, P.C. who may provide healthcare services to you via the Virtual Clinic. Always directly contact your Provider or other qualified healthcare professionals with any questions regarding your personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional. If you have a medical emergency, contact 9-1-1 immediately. If any medical advice is provided to you by a Provider, such medical advice is not provided by Pomelo Care but is provided by that Provider.

2. Our Services

Our Services facilitate the exchange of information, content, products, and services between you, Pomelo Care and at times, your Provider. The Services may include, for example:(a) products sold or offered on the Sites, (b) administrative support in connection with scheduling, communications, and payment for healthcare services you receive from your Provider (either in-person or virtually), and (c) telecommunications and technology support for using the Services as a means of direct access to Providers for communication, consultations, assessments, and treatment by Providers.

However, Pomelo Care is not responsible for monitoring the content of such information and communications with your Providers, and we are not a party to the health care services provided by your Providers. Our Services might not function as intended. By using our Services, you assume full responsibility for your use of the Services and agree that we are not responsible or liable for any claim, loss, or damage arising from use of the Services.

3. Privacy

Please read our Privacy Policy, available at https://www.pomelocare.com/privacy-policy for information on our data collection, use and sharing policies and practices in connection with the Services.

4. Account Registration and Security

Before you are able to use the Services, you may be required to register for a user account. You agree to provide complete, accurate information during the registration process, including contact information, and to update such information as necessary to ensure that it remains complete, accurate and up-to-date. When you create your account, you will be asked to create a username and password, which you will be solely responsible for safeguarding. You agree not to disclose your username or password to any third party, and you agree to notify us immediately at privacy-inquiries@pomelocare.com if you suspect or become aware of any unauthorized use of your account. You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your account, whether or not you have authorized such activities or actions. We will not be liable for any loss or damage arising from your failure to comply with these requirements. We reserve the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

We have implemented administrative, technical, and physical safeguards to protect the confidentiality and security of your health information. We will utilize certain security measures within the scope of the Services such as verification of identity through the use of specific activation codes, unique username and password combinations, and the tracking of any activity within the account. However, you understand that any information made available via the internet is potentially subject to unauthorized access. You agree that Pomelo Care is not responsible for (a) absolute security of all electronic communication transmissions between you and Pomelo Care; (b) unauthorized disclosure resulting from not logging out of an active session; (c) unauthorized disclosure resulting from a lost or stolen user ID and password; (d) unauthorized disclosure resulting from information printed from the Services; (e) unauthorized disclosure resulting from personal computer settings or installed software products that may compromise information security; or (f) similar events outside the substantial control of Pomelo Care.

5. Insurance

By using the Services and providing your health insurance information, you authorize Pomelo Care to bill your health insurance carrier, health plan, or other third-party payor (collectively, "Insurance") for any covered Services rendered to you. You agree to provide accurate and complete insurance information, including your Insurance identification number, group number, and any other information reasonably required to process claims on your behalf. You agree to be financially responsible for all charges not covered by your Insurance, including but not limited to: (a) deductibles, copayments, and coinsurance amounts; (b) services deemed not medically necessary by your Insurance; (c) services not covered under your plan; (d) charges exceeding any applicable coverage limits; and (e) any amounts for which your Insurance denies payment for any reason. Pomelo Care reserves the right to collect such amounts from you directly.

6. Payment and Billing

6.1 Patient Responsibility. Most patients receiving Pomelo Care services through an insurance or employer partner have no out-of-pocket cost. The terms in this Section apply only if a balance is owed. You are responsible for paying for any services provided by Pomelo Care that are not covered by your insurance. If you are an insured patient, Pomelo Care will submit claims to your insurance carrier on your behalf; you are responsible for any copayments, deductibles, coinsurance, and non-covered services as determined by your carrier after adjudication. While we attempt to verify coverage based on the information provided by your insurance carrier, final determination of eligibility and benefits is made by the payer after the claim is received and processed. If you are a self-pay patient, you are responsible for the full cost of services at the applicable rates. 

6.2 Self-Pay Terms. If you choose to pay for Pomelo Care services directly, the terms in this Section apply. Services will not be billed to any insurer or government healthcare program and will not apply to any deductible. By enrolling as a self-pay patient, you represent that you are not currently enrolled in Medicare (including Medicare Advantage), Medicaid (including Medicaid managed care), TRICARE, CHAMPVA, or any other federal or state government healthcare program for the services covered. You must promptly notify Pomelo Care at ask@pomelocare.com if your program enrollment status changes. You may be able to use HSA or FSA funds for eligible medical expenses; consult your plan administrator to confirm eligibility. Under the No Surprises Act, you have the right to a Good Faith Estimate of expected charges before any scheduled service. You may request one at ask@pomelocare.com. If your bill exceeds your Good Faith Estimate by $400 or more, you may initiate the federal dispute resolution process at cms.gov/nosurprises.

6.3 Membership. Pomelo Care may offer paid membership plans that provide access to certain services (like menopause programs). If you choose a paid membership plan, you agree to pay the recurring fee shown at sign-up. Your membership will automatically renew at the then-current rate unless you cancel before the renewal date. Services not included in your membership are charged at per-visit rates. If the membership fee changes, you will receive at least thirty (30) days' notice and may cancel before being charged at the new rate. If you cancel mid-period, you may continue using membership services through the end of that billing period. No prorated refunds will be issued.‍

6.4 Card on File. If you provide a card for payment, you represent that you are authorized to use it for membership fees, per-visit costs, or other balances owed and that the information is accurate. Charges will be processed automatically to your card on file. If your card is declined, you remain responsible for all amounts owed and authorize Pomelo Care to reattempt the charge up to two (2) additional times within ten (10) business days or bill you through an alternative method. Pomelo Care may suspend access to membership services until outstanding balances are resolved. For paid membership plans, you will receive a renewal reminder at least 5 days before each renewal date with the renewal amount and cancellation instructions. Your card-on-file authorization remains in effect until you cancel it or your card expires. Card information is stored using PCI-DSS compliant methods. Payment processing is provided by Stripe, subject to its Terms of Service.

6.5 Cancellation. You may cancel your membership or card-on-file authorization at any time through the App/Portal, by emailing ask@pomelocare.com, by calling (888) 271-4990, or by writing to 169 Madison Ave, Suite 11549 New York, NY 10016. Cancellation takes effect within 1 business day of receipt and does not affect charges for services already rendered.

6.6 Disputes. You may dispute any charge by contacting ask@pomelocare.com. Pomelo Care will review and respond within thirty (30) business days. Incorrect charges will be refunded to your card on file or credited to your account.

6.7 Late Cancellation and No-Show Fee. This Section applies only to self-pay and insurance patients who enrolled directly with Pomelo Care. It does not apply to patients who access Pomelo Care through an employer sponsorship or health plan partner arrangement. If you cancel or reschedule a visit less than 12 hours before its scheduled start time, or fail to attend a scheduled visit that you did not cancel or reschedule at least 12 hours in advance, Pomelo Care may charge a $25 late cancellation or no-show fee. You can cancel or reschedule without charge more than 12 hours before your visit through your account page or the Pomelo Care app. You will receive an email confirmation if a fee is applied, and you may dispute the fee in accordance with Section 6.6 (Disputes). Pomelo Care may waive the fee in its sole discretion, including for medical emergencies, technical issues with the Services, or other extenuating circumstances. All fees in this Section apply to the extent permitted by applicable law.

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7. Artificial Intelligence Enabled Services

Some features of our Services may include artificial intelligence (“AI”), including ambient technologies that record your interactions with us and the Virtual Clinic so that we and the Virtual Clinic can better serve you and others. We may offer features such as AI driven gamification (for example, personalized reminders, educational content, progress tracking, etc.), chatbots and virtual assistance, recording transcription, predictive features, personalized reminders of appointments, and other features of our Services that are delivered partly or wholly through AI (“AI-Enabled Services”). Pomelo Care will maintain your privacy and confidentiality in its use of AI in accordance with applicable privacy laws and as outlined in Pomelo’s Notice of Privacy Practices and Privacy Policy. While we strive to ensure accuracy and reliability, AI is an evolving field and outputs may not always be error-free or appropriate for your specific situation. You acknowledge and consent to our use of AI to support service delivery and understand that any information provided through AI-Enabled Services may not always be accurate and error free. We are not responsible for any damage or losses that you may suffer as a result of the AI-Enabled Services being unable to provide you with the information you seek or if the information provided is unhelpful.

8. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms.

You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that is offensive, harmful, infringing, obscene, defamatory, abusive, deceptive, untrue, misrepresentative or illegal.
• To transmit, or procure the sending of, any advertising or promotional material.
• To impersonate or attempt to impersonate Pomelo Care, a Pomelo Care employee, another user or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm Pomelo Care or users of the Sites or expose them to liability.
• For any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms.

Additionally, you agree not to:

• Attempt to probe, scan or test the vulnerability of the Services or any of our systems or network or breach any security or authentication measures.
• Use the Services in any manner that could disable, overburden, damage or impair the Services or interfere with any other party’s use of the Services.
• Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the Content or other material on the Services.
• Use any manual process to monitor or copy any of the Content or material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Services.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.

9. User Content and Feedback

If you make available to us any content in any format (including ideas, concepts, feedback, and know-how (“Feedback”)), you hereby grant to Pomelo Care a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable license to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such content, in any format or media now known or hereafter developed, and for any purpose. You acknowledge and agree that Feedback is not confidential, and that we are free to use any Feedback for any purpose.

10. Intellectual Property

The Services (and their entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (collectively, “Content”)) are owned by Pomelo Care, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No license, right, title or interest in the Services or Content is transferred to you as a result of your downloading, accessing, viewing or using the Services or Content.

These Terms permit you to access, view and use the Services on any device that you own or control for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material available through the Services or any Content, except as permitted by these Terms. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Services or any Content. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the Services or the Content is strictly prohibited.

11. Trademarks

The Pomelo Care name and all other trademarks, wordmarks, service marks, graphics and logos included in or made available through the Services are trademarks or trade dress of Pomelo Care. All other marks are the property of their respective owners.

12. Updates; Modifications to the Services

We may from time to time, in our sole discretion, develop and provide updates to the Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete certain features and functionality entirely. You agree that Pomelo Care has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Portions of the App may not properly operate if you do not install all Updates. Pomelo Care encourages you to promptly install all Updates. To that end, based on your mobile device settings, when your mobile device is connected to the internet, either (a) the Updates will automatically download and install, or (b) you may receive notice of or be prompted to download and install available Updates. For clarity, all Updates are part of the App and subject to these Terms.

We reserve the right to modify or withdraw the Services, and any Content we provide through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or an entire Service, to users, including registered users.

13. Consent to Electronic Communications

By providing us with your email address or telephone number, you consent to receive electronic communications from Pomelo Care and Providers regarding the Services (e.g., via email, phone, text message, chat in the App, or by posting notices to the Services), understanding that email, phone and text message may not be secure. These communications may include information from your Providers, including appointment reminders, care instructions, prescription notifications, and other information related to your treatment. These communications may also include payment authorizations, password changes, and other transactional or administrative information. You consent to receive phone calls and text messages from Pomelo Care, the Providers, or third parties working on our or their behalf, including calls or text messages placed using any automatic telephone dialing system and calls that use artificial or pre-recorded voices or the playing of a recorded message when a connection is completed to the called number. You consent to receive such calls or texts without regard to any time-of-day limitations, and even if your telephone number is registered on any state or federal Do Not Call list. You may incur data, call-time or messaging charges from your communication providers in connection with these communications.

You agree that any notices, agreements, disclosures or other communications sent through the Services electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you marketing and promotional communications via email or SMS, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You can opt out of receiving communications from us by following the instructions contained in the communication or, in the case of text messages, texting “STOP” to the number from which you received the text message. You may opt out of receiving push notifications in the App by adjusting your notification settings in the App. You may update your consent to receive electronic communications at any time by emailing your preferences to privacy-inquiries@pomelocare.com.

14. Linked Services; Third Party Materials

The Services may provide access to websites, information, products, services and other materials made available by third parties, including but not limited to lab testing kits or other products and services (“Third Party Materials”). We are not responsible for any Third Party Materials (including their accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety, or any intellectual property rights contained in them). We do not have any obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) available through the Services at any time. The availability of any Third Party Materials through the Services is not an endorsement of them by Pomelo Care, and it does not imply any affiliation with any provider of Third Party Materials. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to the Third Party Materials (like their terms of service or privacy policies). To the extent any Third Party Materials relate to your medical care or future treatment, we encourage you to discuss all options with your healthcare provider. Pomelo Care is not a healthcare provider and offers all Third Party Materials for informational purposes.

15. Termination

Pomelo Care, in its sole discretion, may terminate or suspend your access to or use of the Services without notice for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination, all provisions of this Agreement which by their nature shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity and limitations of liability. You may terminate your use of the Services at any time by not using the Services anymore. We may terminate your use of the Services at any time by sending notice to you at the email address you provided or otherwise contacting you or posting a notice on the Sites. If we terminate your use of the Services because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refund, including the Membership Fee, if applicable. We are not required to provide you with notice prior to terminating your use of the Services or a reason for such termination.

16. No Representations or Warranties

YOUR USE OF THE SERVICES AND ANY CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, CONTENT AND ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER POMELO CARE NOR ANY PERSON ASSOCIATED WITH POMELO CARE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER POMELO CARE NOR ANYONE ASSOCIATED WITH POMELO CARE REPRESENTS OR WARRANTS THAT THE SERVICES, CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

17. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, POMELO CARE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SPECIAL CATEGORY OF DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF POMELO CARE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAYS, LOSS OF PROFITS, USE OF DATA, LOSS OF OTHER INTANGIBLES, WORK STOPPAGE, ACCURACY OF RESULTS, LOSS OF SECURITY OF MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY MATERIALS), COMPUTER FAILURE, VIRUS OR MALFUNCTION, FILE CORRUPTION OR OTHER OUTAGE OR ERROR. WITHOUT LIMITING THE FOREGOING DISCLAIMERS, POMELO CARE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY CONTENT, ITEMS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER HARMFUL CODE OR MATERIAL THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BASED ON YOUR ACCESS TO, OR USE OF, THE SERVICES. FURTHER, WITHOUT LIMITING THE FOREGOING DISCLAIMERS, POMELO CARE WILL NOT BE RESPONSIBLE FOR ANY ADVERSE OR UNINTENDED EFFECTS RESULTING FROM YOUR USE OF PRODUCTS SOLD OR OFFERED ON THE SITES AND WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM SUCH USE. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF POMELO CARE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (1) $100.00 OR (2) THE AMOUNT YOU PAID TO POMELO CARE IN THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

18. Indemnification

You agree to defend, indemnify and hold harmless Pomelo Care and anyone associated with Pomelo Care from and against any and all claims, liabilities, demands, losses, damages, fees, or penalties, and the cost to investigate and defend against them (including reasonable attorneys’ fees) arising out of or relating to (1) your access to or use of, or activities in connection with, the Services (including any content in any format you make available through the Services), (2) your breach or alleged breach of these Terms, or (3) any violation or alleged violation of any applicable law by you or anyone accessing the Services on your behalf. Pomelo Care reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter.

19. Arbitration Agreement

YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

YOU AGREE THAT ANY AND ALL CONTROVERSIES, CLAIMS AND DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES OR ANY INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING CONTENT, WHETHER BASED IN CONTRACT, TORT, WARRANTY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE BASIS, INCLUDING WITHOUT LIMITATION, ANY DISPUTE OR CLAIM RELATING TO THE FORMATION, INTERPRETATION OR ENFORCEABILITY OF ANY PART OF THESE TERMS (INCLUDING THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION AGREEMENT) AND ANY CLAIM THAT ALL OR ANY PART OF THESE TERMS IS VOID OR VOIDABLE (COLLECTIVELY, “CLAIMS” AND INDIVIDUALLY, A “CLAIM”), SHALL BE FINALLY RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT; EXCEPT THAT YOU AND POMELO CARE EACH RETAIN THE RIGHT: (I) TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT (IF THE CLAIM IN QUESTION QUALIFIES FOR SMALL CLAIMS COURT); AND (II) TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN COURT AGAINST ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF INTELLECTUAL PROPERTY RIGHTS. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT.

THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH THE CONSUMER ARBITRATION RULES (THE “AAA RULES”) THEN IN EFFECT, EXCEPT AS MODIFIED BY THIS SECTION. (THE AAA RULES ARE AVAILABLE AT WWW.ADR.ORG/ARB_MED OR BY CALLING THE AAA AT 1-800-778-7879.) THE FEDERAL ARBITRATION ACT WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS SECTION. THE ARBITRATOR WILL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO ARBITRABILITY AND/OR ENFORCEABILITY OF THIS ARBITRATION PROVISION, INCLUDING ANY UNCONSCIONABILITY CHALLENGE OR ANY OTHER CHALLENGE THAT THE ARBITRATION PROVISION OR THE AGREEMENT IS VOID, VOIDABLE, OR OTHERWISE INVALID. THE ARBITRATOR WILL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN COURT UNDER LAW OR IN EQUITY. ANY AWARD OF THE ARBITRATOR(S) WILL BE FINAL AND BINDING ON EACH OF THE PARTIES, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. IF YOU PREVAIL ON ANY CLAIM THAT AFFORDS THE PREVAILING PARTY ATTORNEYS’ FEES, THE ARBITRATOR MAY AWARD REASONABLE FEES TO YOU UNDER THE STANDARDS FOR FEE SHIFTING PROVIDED BY LAW.

UNLESS YOU AGREE WITH US OTHERWISE, THE ARBITRATION WILL BE CONDUCTED IN THE CITY OF NEW YORK. YOU AGREE TO AN ARBITRATION ON AN INDIVIDUAL BASIS. IN ANY DISPUTE, YOU ARE NOT ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRAL TRIBUNAL HAS NO POWER TO CONSIDER THE ENFORCEABILITY OF THIS CLASS ARBITRATION WAIVER AND ANY CHALLENGE TO THE CLASS ARBITRATION WAIVER MAY ONLY BE RAISED IN A COURT OF COMPETENT JURISDICTION.

IF ANY PROVISION OF THIS SECTION 19 (ARBITRATION AGREEMENT) IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION WILL BE SEVERED AND THE REMAINING ARBITRATION TERMS WILL BE ENFORCED.

20. Injunctive Relief

You hereby acknowledge that your breach of these Terms may result in immediate and irreparable harm to Pomelo Care. Accordingly, you hereby agree that, in the event of such a breach by you, Pomelo Care shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of the Services, or Content or other information obtained through the use of the Services, as well as any and all other remedies available at law or in equity.

21. Class Action and Jury Trial Waiver

IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF OR ACCESS TO THE SERVICES OR THESE TERMS IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUNTERCLAIM, OR ANY OTHER COURT PROCEEDING, YOU AGREE THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION AND YOU UNCONDITIONALLY (1) WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS, INCLUDING JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERTING A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.

22. Limitation on Time to File Claims

YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE AGAINST US ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES OR ANY CONTENT OR OTHER ITEMS PROVIDED THROUGH THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OR BE PERMANENTLY BARRED.

23. Services Provided in the United States; Certain States Only

The Services are controlled by Pomelo Care, which is located in the United States of America. We make no representation that the Services or Content are appropriate or available for use in locations outside of the United States. Accessing the Services from territories where such content, information or other materials are illegal is prohibited. Please note that some Services may only be available in certain states. Furthermore, we may at any time decline to enroll an individual if the Provider’s professional judgment, the individual is not well-suited for a particular Service.

You agree to accurately disclose your location. When you access or use the Services through a mobile phone or other device with enabled location-based services, you may provide us with information about your location. You agree that we and any third party service providers making that service available may collect and use this location information in order to provide services to you and to improve our services. The Providers will only be permitted to render medical care to you if you are located in a state and jurisdiction in the United States of America in which such Providers are permitted under applicable law to provide care.

24. General Terms

These Terms are governed by the laws of the State of Delaware without respect to its conflict of laws provisions, except that the United States Federal Arbitration Act shall govern the interpretation and enforcement of Section 19 (Arbitration Agreement). The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. If any provision of these Terms is found to be unlawful, invalid or unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure by Pomelo Care to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against Pomelo Care unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. These Terms constitute the entire agreement between you and Pomelo Care with respect to the subject matter of these Terms and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. A printed version of these Terms and of any related notice given in electronic form shall be admissible in arbitral, judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

25. Contact

If you have questions or comments about these Terms, please contact us by sending correspondence to 169 Madison Avenue, Suite 11549, New York NY 10016 or send us an email at hello@pomelocare.com.