Terms of Service

These Terms of Service (“Terms”) govern your use of the Next Play Health website, intake and related services (together, the “Services”), offered by Next Play Health (“Next Play Health,” “we,” “us” or “our”). By using the Services, creating an account or completing an intake, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Services.

1. What Next Play Health is, and is not

Next Play Health is a technology platform that connects you with independent, licensed clinicians, and with licensed pharmacies and laboratories. Next Play Health does not practice medicine, does not give medical advice, and does not dispense medication. Clinical care is provided by independent clinicians who are solely responsible for the care they provide. The clinician-patient relationship is between you and your clinician.

Content on our website, including descriptions of programs and protocols, is general information. It is not medical advice and is not a substitute for an evaluation by a licensed clinician.

2. Not for emergencies

The Services are not for emergencies or urgent medical needs. If you think you are having a medical emergency, call 911 or go to the nearest emergency room. If you are having thoughts of harming yourself, call or text 988 (Suicide & Crisis Lifeline).

3. Eligibility and your account

To use the Services you must be at least 18 years old, live in the United States, and be physically located in a state where care is available through the Services at the time of your consultation. Availability varies by state and by treatment.

• You agree to give accurate, current and complete information during intake and throughout your care, and to keep it up to date. Inaccurate or incomplete information can lead to unsafe care and is grounds for ending your access.
• You may only create an account for yourself. Keep your login details private; you are responsible for activity under your account.
• You may be asked to verify your identity, for example with a photo ID, before a clinician can treat you.

4. No guarantee of treatment or results

Completing an intake or paying a fee does not guarantee that a clinician will prescribe a medication or recommend any treatment. Clinicians prescribe only when, in their independent professional judgment, treatment is clinically appropriate. A clinician may decline to treat you, recommend something different, ask for more information or lab work, or refer you to in-person care.

Individual results vary. We do not promise any particular health, fitness or performance outcome.

5. Compounded medications

Some treatments available through the Services may be compounded medications prepared by state-licensed compounding pharmacies. Compounded medications are not approved by the U.S. Food and Drug Administration (FDA), and the FDA does not review them for safety, effectiveness or manufacturing quality. They carry known and unknown risks. Talk with your clinician about the risks and benefits before you start any treatment, and tell them about every medication and supplement you take.

6. Fees, billing and subscriptions

• Pricing. Fees for consultations, memberships, medications and lab work are shown to you before you are charged. Prices may change; changes do not affect charges you have already approved.
• Payment. You authorize us and our payment processors to charge the payment method you provide for the fees you agree to, plus any applicable taxes and shipping.
• Subscriptions. Some plans renew automatically. If you choose one, you authorize recurring charges at the stated price and interval until you cancel. The renewal terms are shown to you before you enroll.
• Cancelling. You can cancel a subscription at any time before your next renewal by contacting us. Cancelling stops future charges; it does not refund charges already made, except where required by law.
• Refunds. Because medications are prepared and dispensed for you specifically, they generally cannot be returned or refunded once dispensed. If a clinician decides you are not a candidate for treatment, you will not be charged for medication.
• Insurance. The Services are generally paid out of pocket. We do not bill insurance, and payments may not be eligible for reimbursement.

7. Prescriptions, pharmacies and shipping

If a clinician prescribes a medication, it is filled and shipped by an independent licensed pharmacy. Delivery times are estimates. You are responsible for giving a correct shipping address, and for storing and using any medication exactly as directed by your clinician and the pharmacy label. Do not share your medication with anyone else.

8. Your responsibilities

• Use the Services and any treatment only as directed by your clinician.
• Report side effects, new symptoms and changes in your health or medications to your clinician promptly, and seek in-person care when needed.
• Keep up any follow-up visits and lab work your clinician asks for.
• Do not misuse the Services, interfere with how they work, try to access accounts or data that are not yours, or use them for anything unlawful.

9. Telehealth consent

Care through the Services is delivered by telehealth, using secure online questionnaires, messaging and, where your state requires it, video or phone visits. Before your consultation you will be asked to review and agree to a telehealth informed consent. Telehealth has limits: a clinician cannot physically examine you, and technology problems can delay care.

10. Communications

By giving us your email address and phone number, you agree that we, your clinicians and our partners may contact you about your account, intake, care, prescriptions, orders and billing, including by email and text message. Message and data rates may apply. You can opt out of marketing messages at any time by using the unsubscribe link or replying STOP; we may still send messages that are needed for your care or your account. See our Privacy Policy for how we handle your information.

11. Privacy

Our Privacy Policy explains how we collect, use and share your information. Health information you share for your care is also protected by the federal HIPAA privacy rules that apply to the clinicians, pharmacies and laboratories who treat you.

12. Intellectual property

The Services, including their content, design, trademarks, logos and software, belong to Next Play Health or its licensors and are protected by law. We give you a limited, personal, non-transferable license to use the Services for your own non-commercial use. You may not copy, modify, distribute, sell or create derivative works from any part of the Services without our written permission.

13. Disclaimers

The 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 and non-infringement. We do not promise that the Services will be uninterrupted, error-free or secure. Next Play Health does not control, and is not responsible for, the independent medical judgment of clinicians or the products dispensed by pharmacies.

14. Limitation of liability

To the fullest extent the law allows, Next Play Health and its owners, officers, employees and agents are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits or revenue, arising from or related to your use of the Services. Our total liability for any claim relating to the Services is limited to the amount you paid to Next Play Health in the twelve months before the claim arose. Nothing in these Terms limits liability that cannot be limited by law.

15. Indemnification

You agree to indemnify and hold harmless Next Play Health from any claims, losses, damages and expenses (including reasonable attorneys’ fees) arising from your misuse of the Services, your breach of these Terms, or your violation of any law or the rights of another person.

16. Suspension and termination

You can stop using the Services at any time. We may suspend or end your access if you break these Terms, give false information, or use the Services in a way that could harm you, other patients, clinicians or us. Ending your access does not affect medical records that must be kept by law, or fees already owed.

17. Dispute resolution and arbitration

Please read this section carefully; it affects your legal rights. Except where the law does not allow it, any dispute arising from or relating to these Terms or the Services will be resolved by binding individual arbitration rather than in court, except that either side may bring an individual claim in small-claims court. You and Next Play Health each waive the right to a jury trial and to take part in a class action. You may opt out of this arbitration agreement by writing to [email protected] within 30 days of first accepting these Terms.

18. Governing law

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to the arbitration section above, the state and federal courts located in Texas have exclusive jurisdiction over any dispute that is not arbitrated.

19. Changes to these Terms

We may update these Terms from time to time. When we do, we will change the effective date at the top of this page, and for material changes we will give additional notice where appropriate. If you keep using the Services after an update takes effect, you accept the updated Terms.

20. General

If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver of it. You may not transfer your rights under these Terms; we may transfer ours in connection with a merger, acquisition or sale of assets. These Terms, together with the documents they refer to, are the entire agreement between you and us about the Services.

21. Contact us

Questions about these Terms? Email [email protected].