Terms and Conditions of Services
HairClub RX™ Terms and Conditions of Services
(“Terms and Conditions of Services” or “Terms”)
Last Modified On: 03/26/2026
This Terms and Conditions of Services is between Company and You, as defined in Your Client Services Agreement, and these Terms are incorporated into the Client Services Agreement as of the Effective Date. The Client Services Agreement and these Terms together with any documents they expressly incorporate by reference are collectively referred to as the “Agreement”). Any capitalized terms not otherwise defined herein shall have the meaning attributed to them in Your Client Services Agreement.
Acceptance of Terms and Changes
By signing Your Agreement, You agree to be bound by these Terms. These Terms are subject to change. Any material changes will be communicated in writing or via email at least thirty (30) days prior to taking effect. If You disagree with this Agreement or any terms or conditions, your sole remedy is to discontinue your use of the Services, and you may not be entitled to a refund in accordance with Your Agreement. Your continued use after a change to this Agreement has been provided or posted constitutes your acceptance of this Agreement as modified by such changes.
Financial Responsibility for Services
Company is not enrolled with, and is not a participating provider with, any federal or state healthcare programs (e.g., Medicare and Medicaid) or other private health insurance, health benefit plan or managed care organization. None of the Services provided or offered under this Agreement are covered by such programs or plans. By entering into this Agreement and using the Services, you acknowledge and agree that (1) you are explicitly choosing to obtain Services (including Telehealth Services, Pharmaceuticals, DNA Test and/or all other Third Party Services purchased pursuant to Your Agreement) on a cash basis outside of any federal, state, or other healthcare program, (2) You are solely responsible for the costs of all Services, and (3) neither You nor Company will submit a claim for reimbursement to any federal, state, or other healthcare program, private health insurance, health benefit plan or managed care organization for the costs of the Services.
Disclaimer
The Services are not intended to be used for urgent or emergent healthcare needs. If you are experiencing a medical emergency, please dial 911.
HairClub RX Services
The Services are sold or offered by Company or Third-Parties that include medical providers, pharmacies, laboratories and other vendors. In particular, the Services provide access to pharmaceutical fulfillment services offered by Pharmco, Inc. (the “Pharmacy”), laboratory services for the DNA Test offered by GX Sciences, LLC (the “Lab”) and healthcare services offered via Wheel Health Inc. telehealth technologies by Wheel Medical, P.A., Wheel Medical, P.C., Wheel Medical, P.C., Wheel Medical of California, P.C., Wheel Medical of Washington, P.C., Wheel Medical of Illinois, P.C., Wheel Care, LLC and their respective employed or contracted physicians, allied health professionals and licensed providers (collectively the “Provider Group”) www.wheel.com. You acknowledge and agree that Company is not providing healthcare, medical or laboratory services nor selling or dispensing prescription products and you are not entering into a doctor-patient relationship with Company. By using the Service, You may enter into a doctor-patient relationship or other health care provider-patient relationship with a Provider Group provider or other Third-Party. Services are intended for persons who have reached the age of majority in the jurisdiction in which they reside. Our third-party Provider Group is licensed to provide telehealth services in all 50 states plus D.C.
All Third-Party Service providers, including the Pharmacy, Lab, Provider Group and its providers are independent from Company. Company does not control, supervise, or interfere with the practices of such Third-Parties. Company only provides access to the products and services offered by these Third-Parties through the Services and your membership. We are not responsible for any acts or omissions of, or recommendations provided by, such Third-Parties. Such Third-Parties are solely responsible for any products and services they provide. If the Services you receive include Third-Party products or services (e.g., a consultation with Provider Group, a prescription product filled by Pharmacy, the DNA Test), the total Service Fee you pay includes the amounts charged for the use of such Services. Company collects the amounts charged on behalf of and pays them to the applicable Third-Party.
By using the Services, you are not entering into a healthcare provider-patient relationship with Company. Any information that Company collects from or discloses to a Third-Party Service provider is limited to what is reasonably necessary to provide you the Services and such information is only processed with your express authorization and in connection with our direct Client relationship with you. Please refer to https://www.hairclub.com/rx-terms-and-safety/#privacy. and HairClub RX disclosures and authorization forms to understand how we process such information. You understand that your authorization for the processing of your personal information, including heath and genetic information, will be necessary to obtain the Services. The practices of any Third-Party are subject to such Third-Party’s own policies and procedures and Company is not responsible for any of the privacy or data security practices of such Third-Parties. You understand that such Third-Parties may require authorization from you for the processing of your personal information in connection with receipt of the Services.
Certain products available through the Services require a valid prescription from a licensed healthcare provider, which you may or may not receive after a consultation with a Provider Group provider. To obtain a prescription product as part of the Services, you must have completed a consultation with a Provider Group provider. The Provider Group provider will review Your specific case and, if the provider deems appropriate, will prescribe a prescription product, which may include a compounded medication, to meet Your specific needs for the treatment of hair loss.
The Services also include access to the Pharmacy who may be able to fill a prescription You receive from a Provider Group provider. The Pharmacy will fill and ship the prescription to You, and the cost is included in the Service Fee. If You elect to transfer or fill your prescription elsewhere, the cost of such medications will not be included in the Service Fee. Prescriptions are for Your personal use only. Always read product information and consult a doctor or pharmacist if you have questions.
The Company doesn’t endorse or warrant any specific medications, prescription products or Third-Party products or services. While each pharmaceutical ingredient in a compounded medication, individually, may be approved by the Food and Drug Administration, the combination may not. A compounded treatment is not FDA-approved, and FDA does not evaluate the safety or effectiveness of compounded drugs. Under no circumstances will you obtain a prescription product as part of the Services, unless You have completed a consultation with a Provider Group provider and the provider has deemed the prescription product to be medically appropriate in his or her independent professional judgment.
The DNA Test was developed and its performance characteristics determined by the Lab. It has not been cleared or approved by the FDA. The laboratory is regulated under Clinical Laboratory Improvement Amendments (CLIA) and qualified to perform high-complexity testing. This test is used for clinical purposes and has not been independently validated by Company.
Third-Parties
As part of the Services available to You during the Term, You will have access to certain Third-Party products and services, as described in this Agreement. Your use of any Third-Party products and services is solely between You and the Third-Party. You should make any investigation you feel is necessary or appropriate before receiving any Third-Party products or services or providing personal information to Third-Parties. You are solely responsible for, and shall exercise discretion, common sense and judgment in disclosing personal information to Third-Parties and using the Services. Any Services you receive from a Third-Party, including the Pharmacy, Lab, or Provider Group and its providers, are subject to such Third-Party’s terms of use, service and goods, if any, and if not, subject to this Agreement. Your use of Third-Party products and services must comply with all applicable Third-Party terms of agreement, if any. Except as may be provided herein, there is no intent to establish any third-party beneficiary rights.
Shipping; Delivery; Title and Risk of Loss
Pharmacy will arrange for shipment of prescription medications, as applicable. To the fullest extent permitted by applicable law, title and risk of loss pass to You upon the transfer of the prescription products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Accessing Services and Account Security
In order to use certain aspects of the Services, you must set up accounts with certain Third-Parties (“Account”). To set up an Account, You must provide certain personally identifying information and establish a username and password that You will use to access portions the Services (“Password”).
It is a condition of Your use of the Services that all of the required information You provide is correct, current, and complete. You agree to promptly inform the applicable Third-Party of any changes to your Account registration information.
To the fullest extent permitted by applicable law, we reserve the right to take any action that we deem necessary to ensure the security of the Services. You are solely responsible for keeping Your Password confidential. Anyone with knowledge of or access to Your Password can use that information to gain access to your Account. You are solely liable for any claims, damages, losses, costs, or other liabilities resulting from or caused by any failure to keep Your Password confidential, whether such failure occurs with or without Your knowledge or consent. You agree that you will immediately notify us and the appropriate Third-Party of any suspected or actual unauthorized access to or use of Your Password or any other breach of Your Account security.
You are also responsible for: (i) all transactions or activities carried out using Your Account and Password; and (ii) ensuring that when You access the Account that the system You use to access the Account is secure, is not left unattended unless You have fully exited the Account and that Your Password is not retrievable from the system by others.
No Transfers
The Services described in the Agreement are personal and tailored to You, as such You cannot transfer the benefits described in this Agreement to anyone.
Governing Law & Arbitration
This Agreement shall be governed and interpreted in accordance with the laws of the province or state in which the Agreement is signed without giving effect to principles of conflicts of law. Notwithstanding this governing law provision, if for any reason, the whole Agreement or any portion of it is voided or unenforceable in such province or state, then this Agreement shall be governed and interpreted in accordance with the laws of the state of Florida in the United States. All Claims arising under this Agreement must be resolved and settled by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and conducted before a single arbitrator who is a member of the AAA. Arbitrations must be held in the county or province where the Agreement was signed, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitrator will issue a ruling in writing and will detail all findings of fact and law upon which the ruling was made. The ruling may be vacated or corrected on appeal to a court of competent jurisdiction in the event of errors of law or legal reasoning. The arbitrator’s ruling will otherwise be final and binding on all parties and may be entered in any court of competent jurisdiction. The parties agree that all fees, costs and expenses, including, without limitation, reasonable attorneys’ fees and arbitrator costs, incurred by the prevailing party of an arbitration proceeding under this Agreement shall be reimbursed by the losing party; provided, that if a party prevails in part, and loses in part, the court, arbitrator or other adjudicator may award a reimbursement of the fees, costs and expenses incurred by each party equitably.
Indemnification
You agree to defend, indemnify, and hold harmless Company, and any subsidiaries and affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) Your use or misuse of the Services; (ii) Your breach of the Agreement; (iii) the content or subject matter of any information You provide to Company or any Third-Parties; and/or (iv) any negligent or wrongful act or omission by You in Your use or misuse of the Services, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
No Class Action
You agree not to bring or participate in any claims against Company as a plaintiff or class member in any class or representative proceeding. Unless You and Company agree otherwise, the arbitrator, or court of competent jurisdiction, shall not have the authority to consolidate or join the claims of other persons or parties similarly situated, and may not preside over any form of a representative or class proceeding. If a claim involves this subsection and this subsection is found to be invalid, unenforceable or illegal by a court, any such claim must be adjudicated by a court of competent jurisdiction and not by an arbitrator.
Limitation of Liability
To the maximum extent permitted by law AND in consideration for the SERVICES You ARE rECEIVING, YOU AGREE THAT neither Company nor any of its AFFILIATES or employees shall be liable for damages TO YOU OR YOUR ESTATE, including but not limited to direct, indirect, incidental, special, punitive or consequential damages That ARise out of any breach, INJURY OR NEGLIGENCE BY COMPANY or its employees or out of any actions, suits, claims or demands that arise FROM the services YOU ARE RECEIVING, LAB, PLATFORM, PHARMACY, PROVIDER GROUP, PROVIDERS, ANY THIRD PARTIES PROVIDING ANY SERVICES UNDER THIS AGREEMENT, or this Agreement. Without limiting the foregoing, if for any reason, by operation of law or otherwise, the whole or any portion of thiS limitation of liability IS voided or unenforceable, THEN Company’s maximum, sole, and exclusive liability to YOU FOR DAMAGES RESULTING FROM ANY BREACH, INJURY OR NEGLIGENCE IS limited to general money damages EQUAL TO OR LESS THAN the SERVICE FEE(S) actually paid BY YOU UNDER this agreement IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO THE COMPANY’S LIABILITY. Company expressly disclaims any express or implied warranties not contained in this Agreement.
Miscellaneous
If any term or condition of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, illegal or unenforceable, then to the extent allowed by law, the arbitrator or court shall apply the intention behind the invalid term to its interpretation of the Agreement and if not feasible, then the invalid term shall be stricken from this Agreement, but the balance of this Agreement shall remain in effect in accordance with its remaining terms. In no event shall Company be required to explain, comment on, suffer liability for or forfeit any right or discretion based on its enforcement, non-enforcement or consistency of enforcement of these terms. This Agreement may not be amended, and its terms may not be waived, except by written document signed by both parties.
