Terms and Conditions

1. Agreement to Terms

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“you” or “your”) and Open TRT (“we,” “us,” or “our”), governing your access to and use of the opentrt.com website, our telehealth platform, and all related services (collectively, the “Services”).

By accessing or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use our Services.

2. Eligibility

To use our Services, you must:

• Be at least 18 years of age.
• Be a resident of the United States.
• Be capable of forming a legally binding agreement.
• Provide truthful, accurate, and complete information during registration and intake.

We reserve the right to refuse or terminate service to anyone who does not meet these eligibility requirements or who provides false or misleading information.

3. Description of Services

Open TRT provides a telehealth platform that connects patients with board-certified clinicians for the evaluation, diagnosis, and management of testosterone replacement therapy (“TRT”) and related clinical care. Our Services include, but are not limited to:

• Online health questionnaires and medical intake.
• Laboratory testing via Quest Diagnostics and other partner laboratories.
• Telehealth consultations with licensed healthcare providers.
• Prescription management and medication fulfillment through licensed U.S. pharmacies.
• Clinical messaging and ongoing care support.

Open TRT is a technology and services platform. Medical decisions are made solely by your treating clinician based on their independent medical judgment. We do not practice medicine, and no employee or agent of Open TRT who is not a licensed clinician provides medical advice, diagnosis, or treatment.

4. Membership and Pricing

4.1 Membership

Access to our clinical services requires an active Open TRT membership. Your membership includes laboratory testing, provider consultations, clinical messaging, and access to the patient portal, as described on our website at the time of enrollment.

4.2 Membership Fees

Membership fees are billed on a recurring basis as specified at the time of purchase (monthly or annually). Fees are non-refundable except as described in Section 4.4. We reserve the right to change membership pricing upon reasonable notice; any price changes will not affect your current billing cycle.

4.3 Treatment Costs

Medication and treatment costs are separate from your membership fee. Treatment pricing is displayed on our website and may vary depending on the medication, dosage, and delivery method selected. Treatment is charged monthly and shipped quarterly unless otherwise specified.

4.4 Refunds

Membership fees are generally non-refundable. If you are evaluated by a provider and determined not to be a candidate for treatment, we will refund your membership fee in full. Once a prescription has been issued or medications have been dispensed, no refund will be provided for that billing period. Medication refunds are not available once shipped.

4.5 Payment

You agree to provide a valid payment method and authorize us to charge applicable fees. All prices are in U.S. dollars. HSA and FSA payments are accepted where applicable. You are responsible for any applicable taxes.

5. Telehealth Consent

By using our Services, you acknowledge and agree to the following:

• Telehealth involves the delivery of healthcare services using electronic communications, including video, audio, and messaging.
• Telehealth consultations are not equivalent to in-person visits and have inherent limitations, including the inability to perform a physical examination.
• Your clinician may determine that telehealth is not appropriate for your condition and may refer you to in-person care.
• You have the right to refuse or withdraw consent for telehealth services at any time.
• Technical disruptions may occur during telehealth sessions. In such cases, your provider will attempt to reconnect or reschedule.

A separate telehealth informed consent form may be presented to you prior to your first provider consultation.

6. Prescriptions and Controlled Substances

Testosterone cypionate and certain other medications prescribed through our platform are Schedule III controlled substances under the Controlled Substances Act and are subject to regulation by the U.S. Drug Enforcement Administration (DEA) and applicable state laws.

By using our Services, you acknowledge and agree that:

• All prescriptions are issued at the sole discretion of your treating clinician and are based on clinical evaluation, laboratory results, and medical judgment.
• You will not share, transfer, sell, or distribute any medications prescribed through our platform.
• You will use prescribed medications only as directed by your clinician.
• You will notify your clinician of all other medications, supplements, and medical conditions.
• Prescribing controlled substances via telehealth is subject to federal and state requirements, including compliance with the Ryan Haight Act and applicable DEA regulations.

We reserve the right to discontinue treatment or refuse to prescribe medication if, in the clinician’s judgment, it is not medically appropriate or if there is evidence of misuse, diversion, or non-compliance.

7. Laboratory Services

Lab testing is coordinated through Quest Diagnostics and other partner laboratories. You are responsible for attending scheduled lab appointments. Lab results are reviewed by your clinician and made available to you through the patient portal.

Lab services are subject to the terms and policies of the performing laboratory. Open TRT is not responsible for laboratory errors, delays, or scheduling issues beyond our control.

8. User Accounts and Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activity that occurs under your account.
• Providing accurate, current, and complete medical and personal information.
• Promptly updating your information if it changes.
• Notifying us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate your account if we reasonably believe you have violated these Terms, provided inaccurate information, or engaged in conduct that could harm other users or our platform.

9. Prohibited Conduct

You agree not to:

• Use our Services for any unlawful purpose.
• Provide false, misleading, or fraudulent information.
• Impersonate another person or misrepresent your identity.
• Attempt to obtain prescriptions through deception or misrepresentation.
• Distribute, sell, or share medications obtained through our platform.
• Interfere with or disrupt the operation of our platform or servers.
• Scrape, harvest, or collect data from our website without authorization.
• Use automated tools, bots, or scripts to access our Services.
• Reverse engineer, decompile, or attempt to derive the source code of our platform.

10. Intellectual Property

All content, materials, trademarks, logos, designs, and software on opentrt.com are the property of Open TRT or its licensors and are protected by U.S. and international intellectual property laws. You may not reproduce, modify, distribute, display, or create derivative works of any content without our prior written consent.

“Open TRT,” the Open TRT logo, and associated branding are trademarks or service marks of Open TRT. Use of these marks without authorization is prohibited.

11. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• Our Services will be uninterrupted, error-free, or secure.
• Any health outcome or result will be achieved through our Services.
• The information on our website is complete, accurate, or current at all times.

Medical decisions are made by your independent clinician and not by Open TRT. We are not responsible for the clinical judgment, recommendations, or prescribing decisions of any healthcare provider.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPEN TRT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, HEALTH OUTCOMES, OR GOODWILL.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO OPEN TRT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Open TRT and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your use of or access to our Services.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Any false, inaccurate, or misleading information you provide.
• Your misuse of any medication obtained through our platform.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

14.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Services shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules. Arbitration shall take place in the State of Texas. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND OPEN TRT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

14.4 Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

15. Termination

You may cancel your membership at any time by contacting us at [email protected]. Cancellation will be effective at the end of your current billing period. No refunds will be provided for partial billing periods.

We may suspend or terminate your account and access to our Services at any time, with or without cause, including for violation of these Terms. Upon termination, your right to use our Services ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including Sections 10 through 14.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the “Effective Date” at the top of this page and, where appropriate, notify you by email or through our website. Your continued use of our Services after any changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you must stop using our Services.

17. Miscellaneous

Entire agreement: These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Open TRT regarding your use of our Services.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Force majeure: We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemics, government actions, supply chain disruptions, or utility failures.

18. Contact Us

If you have any questions about these Terms, please contact us: