Last Updated: October 15, 2026

TERMS AND CONDITIONS

Welcome to the Mutual Health ("The Company") website (the "Site"). The Company provides online health-related services, including access to video, telephone, or electronic mail consultations with licensed health care providers, electronic medical record storage, where your plan includes it an artificial-intelligence assistant for information and administrative help, and other related products and services (collectively, the "Services"). The Company arranges and facilitates access to independent licensed providers and charges a fee for the Services. The Company does not itself practice medicine; clinical care is delivered by the independent Providers described below.

As used in these Terms and Conditions, "The Company" means and includes The Company, its parent, subsidiaries and affiliated entities, "you" or "your" means you, your dependent(s), if any, and any other person eligible for access to your The Company account. These Terms and Conditions apply to your use of the Site and, to the extent referenced, to your registration for, subscription to, and use of The Company Services. The Company may, at any time and from time to time, in its sole discretion, change these Terms and Conditions. Any changes to these Terms and Conditions will be effective upon posting of the changed Terms and Conditions on the Site, and we will notify you of material changes by email or an in-app notice. You agree to review these Terms and Conditions periodically, and your use of the Site following any such change constitutes acceptance of all Terms and Conditions.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, DIAL "911" IMMEDIATELY. IF YOU ARE IN CRISIS, CALL OR TEXT 988. THE AI ASSISTANT IS NOT FOR EMERGENCIES.

Clinical Consultations:

The Company provides access to clinical services. The licensed health care providers delivering these clinical services ("The Providers") are part of independent, provider-owned clinical groups. Providers accessed through the Site are not employed by The Company. THE COMPANY DOES NOT PROVIDE MEDICAL CARE. THE CONTENT OF THE SITE AND THE SERVICES, INCLUDING ANYTHING SAID BY THE AI ASSISTANT, DO NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY The Company, ITS AFFILIATES, ITS CONTENT PROVIDERS, THE AI ASSISTANT, PROVIDERS, CLIENTS OR OTHER VISITORS TO THE SITE, IS SOLELY AT YOUR OWN RISK AND IS NOT A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM QUALIFIED HEALTH CARE PROVIDERS ASSESSING YOUR CONDITION IN PERSON. THE PROVIDER-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE PROVIDER YOU SELECT. Your use of this Site does not in itself create a provider-patient relationship.

The Company does not guarantee that a prescription will be written. The Providers do not prescribe DEA controlled substances, lifestyle drugs and certain other drugs which may be harmful because of their potential for abuse. The Providers reserve the right to deny care for potential misuse of services. The Company and The Providers operate subject to state regulations. Additional or different telehealth requirements may be applicable in certain states.

1. Use of Site

Subject to your compliance with these Terms and Conditions, your acknowledgement of the Privacy Policy on The Company Site and your payment of any applicable fees, The Company grants you a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to access and make personal use of the Site and The Company Services. With the exception of your Electronic Medical Records, The Company retains all right, title and interest in, and to The Company, the Services and any Information, products, documentation, software or other materials on the Site. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate such information to anyone. Use, reproduction, copying, or redistribution of The Company's trademarks, service marks and logos is strictly prohibited without the prior written permission of The Company.

You agree not to access the Site or use the Services in an unlawful way or for any unlawful purpose, including but not limited to: posting or transmitting a message under a false name, posting any data, materials, content or information which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or posting any content which contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, interfere or manipulate in any way, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers or Information or facilitate or promote hacking or similar conduct. The Company may delete any Information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

2. Eligibility, Enrollment and Account Security

You represent that you are of legal age and are not a person barred from enrolling for, and/or receiving, Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or The Company Services is limited to users in the United States. In the event of access and/or use outside of the United States, you agree to comply with all local and federal laws regarding online conduct and transmission of information, including, without limitation, all applicable laws regarding the transmission of technical data exported from the United States or any other jurisdiction, and you acknowledge that The Company makes no representation or warranty that we, or any of the Services, or any information on the Site or transmitted via a Service is lawful in any jurisdiction outside the United States. The Company may, in its sole discretion, refuse to accept your registration or subscription due to non-compliance with any eligibility or subscription requirement.

For all security-related notices, incident reports, vulnerability disclosures, and other security communications please contact contact@security-notifications.awsapps.com

In order to enroll in the The Company Services, you are required to (1) fully, accurately and truthfully complete the registration profile, including your Personal Contact Information ("PCI"), including but not limited to name, address, telephone number and e-mail address, (2) complete any and all other items requested pursuant to your use of the Site or the Services and (3) set your Internet browser to accept "cookies" from the Site. By registering on the Site you are agreeing to opt-in to the receipt of communications from The Company, such as newsletters and offers, by mail or electronic mail and further agree that The Company may provide to you, electronically, any notices required by law. If you do not wish to receive such communications, you may opt-out at any time. You are also consenting to The Company's disclosure of your PCI with agents and The Company employees for the purposes described in our Privacy Notice.

You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your password. You agree to prohibit anyone else from using your password and to immediately notify The Company in writing of any unauthorized use of your password or other security concerns of which you become aware. You are responsible for losses arising from your own unauthorized disclosure of your password to third parties.

3. Electronic Medical Record

In order to conduct a proper consultation, The Company creates an Electronic Medical Record ("EMR") specifically for you to store and access your personal health information online, and for the licensed Provider to review as part of the consult. Information provided to a Provider through the Company becomes part of The Company EMR and is subject to applicable state and federal law. PLEASE SEE THE NOTICE OF HIPAA PRIVACY PRACTICES IN OUR PRIVACY POLICY. THE COMPANY AND YOUR PROVIDER EACH ARE RESPONSIBLE FOR COMPLYING WITH THE STATE AND FEDERAL LAWS, INCLUDING HIPAA, THAT APPLY TO THEM IN THE USE AND DISCLOSURE OF THE INFORMATION OBTAINED THROUGH THE COMPANY'S EMR. Conversations with the AI assistant that contain health information may become part of your record.

Retention. The Company retains all Personal Information and EMRs associated with usage of The Company site and The Company services for a MINIMUM of seven (7) to ten (10) years, and longer where federal or state law requires, in accordance with healthcare record-retention requirements. The Company currently retains this information indefinitely unless you ask for it to be deleted and the law permits deletion. See the retention schedule in the Privacy Policy.

4. Artificial Intelligence Features

Where your plan includes it, the Services include an artificial-intelligence assistant. By using it you agree to the following:

1. It is an informational and administrative assistant, not a Provider. It can help you understand your benefits, find and schedule visits, complete forms and navigate the Services. It does not diagnose, prescribe, or change treatment, and chatting with it does not create a provider-patient relationship. At your direction it can also add or update information in your record (for example medications, allergies, medical conditions, surgical history, vitals, personal information and dependents), submit urgent-care answers, or cancel a consultation; you are responsible for reviewing what it enters and telling your Provider if anything is wrong.
2. It can be wrong. AI output may be incomplete, outdated or inaccurate. Do not rely on it for medical decisions. Contact a licensed Provider for medical advice.
3. Emergencies. Do not use the assistant in an emergency. Dial 911; if you are in crisis, call or text 988.
4. A person is available. You may ask for a human at any time through the assistant or by calling Member Services at 866-305-2934. Some enrollment questionnaires apply clinical eligibility rules set by our clinicians and may automatically indicate that a program or service isn't suitable for you; you can ask a Provider to review that result. The assistant does not make these decisions.
5. Your information is protected. The Company does not sell your health information, shares it only with the Providers, pharmacies, laboratories, payers and benefit providers involved in your care or plan and the vendors required to deliver the Services, and does not use it to train AI models. See the Privacy Policy and the Responsible AI & HIPAA Privacy Notice.
6. Your conduct. Do not enter another person's information unless you are their authorized representative; do not attempt to obtain other members' information, to bypass safeguards, or to manipulate the assistant (including by prompt injection); do not use automated means to scrape or overload it. The Company may suspend access for misuse.
7. Records. Conversations are stored, may become part of your record as described in Section 3, and may be reviewed by authorized workforce members for care, support, security and quality.
8. Voice assistance. The assistant is also available by phone. The caller will identify itself as an AI assistant, you can ask for a person at any time, and calls may be recorded and transcribed as described in Section 3 and the Privacy Policy. We place automated calls to you only with your consent where the law requires it.

5. Payments, Changes to Services and Refunds

If your subscription is paid by a third party and that third party ceases to, for any reason, pay for your subscription or any other applicable fee, you may continue your subscription to the Services provided you immediately make arrangements to pay the Company directly. As an individual enrollee, you may upgrade or downgrade the level of the Services to which you are subscribing at any time by following the instructions on the Site, which shall take effect by your next full billing cycle. Subscriptions provided by a third party may only be upgraded pursuant to direct payment to The Company. Company may cancel your subscription at any time. The Company has sole and absolute discretion in determining whether or not to issue a refund.

6. Site Control

The Company has sole discretion to withdraw, suspend or discontinue any functionality or feature of the Site or the Services, including the site itself at any time. Additionally, The Company makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and contents therein. The Company may provide links to third parties' web sites but is not responsible, under any circumstance, for any errors related to the content or functionality of third party sites nor is it responsible for the terms and conditions, privacy practices, accuracy, copyright compliance, legality, decency or any of the Information, products, services or any transmissions received by or through third parties, or for any viruses or cyber attack your technology may suffer by visiting these third-party sites. Any link on the Site to any third party's Web site does not imply an endorsement of the terms, privacy practices, or products or services of any kind of any third party. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us written notice pursuant to Section 7 below. The Company reserves the right, in its sole discretion, to at any time, terminate your access to all or part of the Site, with or without cause, and with or without notice.

7. Legal Notices

The Company makes no representation or warranty as to the content of any treatment response from any participating, licensed Provider. You understand that the Providers are independent of The Company, and that The Company does not warrant the validity of the clinical information provided to you by a Provider. A provider-patient relationship arises only between you and the Provider you see, not with The Company. You and your Provider are solely responsible for all information and/or communication sent during a telephone consultation, secure email consultation or other communication. The Company does not guarantee that a telephone-based consultation or secure email, or web-based, consultation is the appropriate course of treatment for your particular health care problem. You agree to contact your primary care provider immediately should your condition change or your symptoms worsen. IN ORDER TO CREATE A PROVIDER-PATIENT RELATIONSHIP WITH A PARTICIPATING PROVIDER YOU MUST COMPLETE A MEDICAL HISTORY ASSESSMENT.

Disclaimer of Warranties

ALL INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON OR PROVIDED THROUGH THIS SITE, INCLUDING THE AI ASSISTANT, ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW THE COMPANY AND ITS MEMBERS, SHAREHOLDERS, DIRECTORS, MANAGERS, EMPLOYEES, OFFICERS, CONTRACTORS, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, "AFFILIATES") HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED HEREUNDER. WITHOUT LIMITATION OF THE FOREGOING, THE COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR THE CLINICAL ACTS OR OMISSIONS OF THE INDEPENDENT PROVIDERS PROVIDING CARE TO SUBSCRIBERS.

Limitation of Liability

EXCEPT AS PROVIDED IN THE NEXT SENTENCE, IN THE EVENT COMPANY SHOULD BE FOUND LIABLE, DAMAGES WILL BE LIMITED TO (i) ONE MONTH'S (1 MONTH) SUBSCRIPTION RATE OF YOUR SUBSCRIPTION PLAN, OR (ii) IN THE EVENT NO SUBSCRIPTION PRICE WAS PAID OR REQUIRED, $1,000. THESE LIMITATIONS DO NOT APPLY TO LIABILITY FOR PERSONAL INJURY OR WRONGFUL DEATH CAUSED BY THE COMPANY'S NEGLIGENCE, FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, OR FOR ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF THE SERVICES OR LOSS OF INFORMATION, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE THIS SITE OR ANY SERVICE OFFERED OR PROVIDED THROUGH THIS SITE OR BY OTHER MEANS OR ANY INFORMATION OR PRODUCTS CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED OR SERVICES SUBSCRIBED TO ON THIS SITE OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURISDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY, SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS.

Indemnity

You agree to defend, indemnify and hold harmless The Company and its Affiliates from and against losses, liabilities, damages, claims, fees, costs and reasonable attorneys' fees to the extent arising out of (i) your misuse of the Site or the Services, (ii) your breach of the Terms and Conditions or the Privacy Notice, (iii) any unlawful, infringing or fraudulent content or Information you knowingly provide, or (iv) your negligent or wrongful conduct in the use of the Site or the Services, including infringement of third party intellectual property or privacy rights. This indemnity does not apply to the care you receive from a Provider or to claims arising from the acts or omissions of The Company or its Affiliates.

Dispute Resolution

Any controversy or claim against the Company arising out of or relating to this contract, or the alleged breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its consumer rules, except that either party may bring an individual claim in small claims court. The number of arbitrators shall be one. The Company will pay the filing, administrative and arbitrator fees that exceed what you would pay to file a lawsuit in court. Each party bears its own attorneys' fees unless the law or the arbitrator's award provides otherwise. The place of arbitration shall be Fond du Lac, Wisconsin, or, at your option, by telephone or video conference or in the county where you live. Wisconsin law shall apply, without limiting any rights you have under the laws of your state of residence. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Force Majeure

Notwithstanding anything herein to the contrary, The Company shall not be liable for any losses arising out of the delay or interruption of its performance of any obligations due to any act of God, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions, or any other cause beyond its reasonable control.

Notices

The Company may provide notice to you via the e-mail address you provided during registration or by a general notice on the Site. You may give notice to The Company by Certified Mail or overnight courier to The Company Member Support at 21 E 2nd St , Fond du Lac, WI 54935 with a copy to Provider, 610 Elm St, Suite 800, McKinney, TX 75069

For all security-related notices, incident reports, vulnerability disclosures, and other security communications please contact contact@security-notifications.awsapps.com

Entire Agreement; Severability

These Terms and Conditions and the Privacy Notice constitute the sole and only agreement of you and The Company and supersede any prior understandings or written or oral agreements between you and The Company. In the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to conform with the parties' intent.