AMONG OTHER ACTIVITIES, THE PROVN PLATFORM ENABLES COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.

YOU UNDERSTAND THAT BY ACCESSING OR USING THE SITES OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SITES OR ANY SERVICES PROVIDED ON OR THROUGH THE SITES.

THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

“Provn” is a brand operated by North Beach 86, LLC, a limited liability company (“Company”, “we”, “our”, or “us”). North Beach 86, LLC owns and operates the websites located at https://www.provnrx.com (collectively, the “Websites,” and collectively with any affiliated mobile application (“App”), the “Sites”). The Sites are intended to facilitate the provision of the Services to registered users. The “Services” may include (i) providing individuals with information on health care and wellness (“Content”); (ii) facilitating access to pharmacy services; (iii) providing individuals with access to technology-oriented tools for smoking cessation; (iv) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, communications, and pharmacy services; (v) administrative support in connection with scheduling and payment for health care provider services and pharmacy services; and (vi) telecommunications support for using the Services as a means of direct access to health care providers provided by Beluga Health, P.A. and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers.

Use of these Terms constitutes acceptance of the Provn platform and its applicable privacy policy located on the Provn website.

These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities with regard to the Sites that you may use to receive Services. Your access to and use of the Sites is subject to these Terms of Use, our Privacy Policy at www.provnrx.com, as well as all applicable laws and regulations. In these Terms of Use, the terms “you” and “yours” refer to the person using the Services. Even though you may have arrived at the Sites through a website or mobile application operated or controlled by a third party, including by an affiliate of the Company, you understand and agree that these Terms of Use are entered into between you and North Beach 86, LLC. By using Provn, you agree to these Terms with North Beach 86, LLC, which operates the Provn platform. If you do not accept and agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Sites, Services, or any information or Content provided through the Sites or Services. The Sites and Services are continually under development, and North Beach 86, LLC reserves the right to review or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. You should check the Terms of Use from time to time when you use the Sites or Services to determine if any changes have been made. Any changes to these Terms of Use are effective upon posting to the Sites. Unless otherwise indicated, any new Content added to the Services is also subject to these Terms of Use upon posting to the Sites. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Sites and/or Services. Your continued use after a change has been posted constitutes your acceptance of the changes.

Availability
Certain of our Services are currently only available to individuals located in certain states.

Eligibility

In order to qualify to use the Services, the following must be true:

• You are age 18 or over.

• You are located in a State Where We Operate (depending on the type of Services).

• You agree to be legally bound by and comply with these Terms of Use.

You understand and agree that satisfying the above requirements does not guarantee that you will receive Services through the Provn platform. In addition to the above requirements, North Beach 86, LLC and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

Requirements for use
You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Sites. Fees and charges may apply to your use of mobile services and to the Internet.

Special consent to telehealth services

Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up, and/or related patient education, and may include, but is not limited to:

• Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;

• Interactions between a patient and health care provider via audio, video, and/or data communications; and

• Use of output data from medical devices, sound, and video files.

The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.

Please see our Consent to Telehealth available for a description of the risks and benefits of telemedicine. The Consent to Telehealth is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

Privacy policy
The Company understands the importance of confidentiality and privacy regarding your health information. Please see: (1) our Privacy Policy available on the Sites for a description of how we may collect and use your personal information, and (2) the Notice of Privacy Practices applicable to Beluga Health, P.A. and similar affiliated professional entities for a description of how these entities may use and disclose your medical information and how you may access that information. The Privacy Policy and Notice of Privacy Practices are hereby incorporated into these Terms of Use by reference and constitute a part of these Terms of Use.

Your relationship with Provn

North Beach 86, LLC does not provide medical services directly. Medical services are provided by independent, licensed healthcare providers.

North Beach 86, LLC operates the Provn platform, which facilitates services to users. Provn facilitates access to licensed healthcare providers who may provide treatment or prescribe medication. North Beach 86, LLC provides a technology platform for you to access a health care provider employed by or contracted with Beluga Health, P.A. or similar affiliated professional entities and to obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Services are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and, in certain cases, consulting with a Beluga Health, P.A. or affiliate health care provider through the Services, you are not entering into a provider-patient relationship with North Beach 86, LLC.

Any prescription products are provided only after evaluation by a licensed healthcare provider and the establishment of a valid provider-patient relationship, in accordance with applicable laws.

By accepting the Terms of Use, you agree and consent to the Company, Company affiliates, or health care providers sending you disclosures, notices, messages, reports, and other communications. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us or any Company affiliate liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications.

Communications by text message and email

By opting in to receive text (SMS) messages from Provn or by sending an initial text message to Provn (an “SMS Enrollment”), you consent to receiving text messages regarding your account and use of the Sites and Services. These text messages may include order confirmations, shipping notifications, messages from your healthcare provider, and other transactional messages, as well as promotional and marketing notifications, to the extent you have opted in to receive such messages.

With your SMS Enrollment, you represent and understand that: (1) you are the owner or authorized user of the mobile device you used in order to initiate the SMS Enrollment, (2) you are authorized to approve any applicable charges in connection with the text messages you send to and receive from us, (3) you will be responsible for all messaging and other data charges that may apply for any text messages sent to you from us or from you to us, and (4) neither the Company, nor your mobile carrier, nor our mobile carriers, will be liable for delayed or undelivered messages.

Note that access to the Services and the Sites is not conditioned upon your consent to receive marketing or promotional text messages, and you can opt out of any SMS service at any time by texting “STOP” to the message received, from the mobile device that is subscribed to receive the SMS messages. After you send the text message “STOP” to us, we may send you one final text message to confirm that you have been unsubscribed. If you have opted in to receive more than one type of text message, you will need to opt out of each SMS service to which you are subscribed. Until you have done so, you may continue to receive the types of text messages that you have opted in to receive but have not unsubscribed from.

You also understand that while we take your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from us are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk. By initiating an SMS Enrollment, you consent to sending text messages to us, and receiving text messages from us, that are not encrypted. Likewise, by emailing us or giving us your email, you consent to receiving unencrypted email messages from us.

If you are experiencing any issues with text messaging or email services, or if you have any concerns about sending or receiving any sensitive information through text or email, please contact us directly at [Support Email]. If you have questions specific to your text or data plan, please contact your wireless provider.

SMS Communications:
Users who opt in to receive SMS communications agree to the SMS Terms & Conditions available at SMS Terms. SMS consent is not required to access or use our services.

Consultative service
In some cases, a Beluga Health, P.A. or affiliated health care provider may use the Services to provide advice or treatment to you. A health care provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the health care provider may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, we strongly encourage you to provide all relevant information and discuss any and all diagnosis and treatment options with a health care provider. Moreover, a health care provider utilizing the Provn platform may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through the Services may not have important information that is usually obtained through a hands-on physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease, or injury.

For more information regarding the health care services offered by health care providers utilizing the Services, please visit [https://provnrx.com].

Site content
Except for specific communications received from Beluga Health, P.A. or affiliate health care organizations and providers, none of the Content you receive through the Sites should be considered medical advice.

Registration and user accounts

Although certain parts of the Sites are accessible by any individual, you are obligated to register in order to access the Services. The Services are available only to users who have registered and to other persons affiliated with the platform who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to provide information that is accurate, complete, and correct, and to accurately maintain and update any information about yourself that you have provided to us. If you do not maintain such information, or if we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Services. You also agree to immediately notify us of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Services by emailing [Support Email]. We may take any and all actions deemed necessary or reasonable to maintain the security of the Sites, Services, and your Secure User account.

You agree to keep confidential your username and password and to exit from your Secure User account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section. You acknowledge and agree that: (1) all or any part of the Sites may not be accessible at any time, for any period, or for any reason; and (2) we will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period.

‘jailbreaking’ the mobile operating system

The App is intended for use only on a mobile phone that runs an unmodified manufacturer approved operating system. Using the App on a mobile phone with a modified operating system may undermine security features that are intended to protect your protected health information from unauthorized or unintended disclosure. As a result, you may compromise your protected health information if you use the App on a mobile phone that has been modified. Use of the App on a mobile phone with a modified operating system is a material breach of these Terms of Use.

Access rights and prohibited use

Subject to your compliance with these Terms of Use, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Sites in the United States and to use the Services solely for your personal and non-commercial use and only as permitted under these Terms of Use, the Consent to Telehealth, and the Privacy Policy. No other right, title, or interest in or to the Sites is transferred to you, and all rights not expressly granted are reserved by North Beach 86, LLC or its licensors. We reserve the right, in our sole discretion, to deny or suspend use of the Sites or Services to anyone for any reason. You agree that you will not, and will not attempt to: [keep remainder of prohibited uses unchanged, replacing “PROVN” with “North Beach 86, LLC” where it appears].

Ownership of site content
As between North Beach 86, LLC and you, North Beach 86, LLC is the sole and exclusive owner of all right, title, and interest in and to the Sites and their content, features, and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel), other Content, and all intellectual property rights therein, and any suggestions, ideas, or other feedback provided by you. You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on our Sites except as generally and ordinarily permitted through the Sites according to these Terms of Use. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Sites or Content shall be owned solely and exclusively by North Beach 86, LLC or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Sites or Content.

Trademarks

Certain names, logos, and other materials displayed in and through the Sites may constitute trademarks, trade names, service marks, or logos (“Marks”) of the Company or its affiliates. You are not authorized to use any such Marks without the express written permission of North Beach 86, LLC. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.

Links to third-party hyperlinks and websites

The Sites may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control and we are not responsible for the information, products, or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.

You may have arrived at the Sites through a Linked Site, including a Linked Site controlled by a parent, subsidiary, or affiliate of the Company. You understand and agree that we are not responsible for the information, products, or services described on those Linked Sites and only these Terms of Use will apply to your use of or access to the Sites.

Termination
The Terms of Use will remain in full force and effect as long as you continue to access or use the Sites or Services. You may terminate the Terms of Use at any time by discontinuing use of the Sites. Your permission to use the Sites automatically terminates if you violate these Terms of Use.

North Beach 86, LLC may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Sites or Services with or without prior notice, for any reason, and at any time. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, Severability of Provisions; No Waiver; and Assignment.

Subject to applicable law, North Beach 86, LLC reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Sites pursuant to its internal record retention and/or content destruction policies. After such termination, North Beach 86, LLC will have no further obligation to provide the Services, except to the extent an affiliated professional entity is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical, and professional obligations to you. You agree that if your use of the Services is terminated pursuant to these Terms of Use, you will not attempt to use the Services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold North Beach 86, LLC harmless from any and all liability that it may incur therefore.

Disclaimer of warranties

YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITES AND ANY SERVICES ARE PROVIDED THROUGH THE SITES ON AN “AS IS” AND “AS AVAILABLE” BASIS. NORTH BEACH 86, LLC AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED PROFESSIONAL ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITES OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER NORTH BEACH 86, LLC NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE SITES. FURTHERMORE, NORTH BEACH 86, LLC DOES NOT GUARANTEE THAT THE SITES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND DISCLAIMS ANY LIABILITY RELATING THERETO.

Limitation of liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL NORTH BEACH 86, LLC, ITS RELATED PERSONS, OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES…

Indemnification

You agree to indemnify, defend, and hold harmless North Beach 86, LLC, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses…

Modifications to the sites

North Beach 86, LLC reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Sites or Services or any portion thereof, with or without notice. You agree that North Beach 86, LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or Services.

Pharmacy services

If you receive a prescription as a result of the Services, you may select one of our partner pharmacies (collectively, the “Pharmacy Network”) to ship your prescription. You give us consent to send and disclose to the Pharmacy Network all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location, and demographic information) so that you may receive pharmacy services.

Packaging and fulfillment restrictions

If you select to use the Pharmacy Network to fulfill any prescriptions provided by health care providers through the Services, you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.

Payment

You agree to pay all fees due for services requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize our third-party payment processors to charge the amount due. All charges are processed by North Beach 86, LLC.

You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s). Your payments may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which North Beach 86, LLC collects on their behalf. Any health care services or pharmacy services not made available through the Services are not included in the payments collected by North Beach 86, LLC and you may be separately charged by the applicable health care providers for such services. In the event that your credit card expires or our third-party payment processors are unable to process your payment, you may receive notice to provide an alternative payment method. North Beach 86, LLC and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified.

Special notice to Medicare and Medicaid beneficiaries

… neither North Beach 86, LLC nor any affiliated health care organization or provider will bill any federal or state health care program for such medical services or products.

Testosterone health program terms and conditions

This section describes additional terms and conditions applicable to your participation in the Testosterone Health Program (the “Program”) offered through the Provn platform and the affiliated professional entities that provide services on the platform…

[The rest of this section should be conformed in the same way by replacing instances where “PROVN” is described as the direct provider with “the Provn platform,” “North Beach 86, LLC,” or “health care providers practicing through the platform,” as applicable.]

No representation, warranty, or guarantee of continued availability of the Program

NEITHER NORTH BEACH 86, LLC NOR THE AFFILIATED PROFESSIONAL ENTITIES MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE CONTINUED AVAILABILITY OF THE PROGRAM…

Governing law; dispute resolution; arbitration; venue; severability of provisions

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND NORTH BEACH 86, LLC TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION…

All parts of these Terms of Use apply to the maximum extent permitted by law. North Beach 86, LLC and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law.

No waiver

No waiver by North Beach 86, LLC of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver…

Assignment

You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. Beluga Health, P.A. and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of the business of North Beach 86, LLC or the Provn platform is transferred to another entity by way of merger, sale of assets, or otherwise.

Digital Millennium Copyright Act

North Beach 86, LLC reserves the right to remove any content or any other material or information available on or through our Sites, at any time, for any reason…

Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Sites, you may submit a notification to our Designated Agent at the following address:

North Beach 86, LLC

Any notification to North Beach 86, LLC under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

Contact / Business Identity
North Beach 86, LLC