Terms of Service

Last updated: 1/12/2026

BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE,USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE (ASDEFINED BELOW) OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS ANDCONDITIONS, YOU ACKNOWLEDGE THAT YOU HA VE READ, ACCEPTED, AND AGREED TOBE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE,DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY GRANT AGENCYAUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISEINDICATES ACCEPTANCE TO THESE TERMS OF SERVICE ON YOUR BEHALF.

AMONG OTHER ACTIVITIES, COTTONBALL’S SERVICES ENABLE COORDINATION ANDCOMMUNICATION WITH A HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOURRELATIONSHIP WITH ANY PHYSICIAN.

THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU THINK YOU MAY HA VE A MEDICAL EMERGENCY OR MENTAL HEALTH CRISIS, CALL YOUR DOCTOR OR 911 IMMEDIATELY . DO NOT ACCESS THE SERVICES FOR EMERGENCY OR CRISIS CARE.

THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT BY A LAWSUIT OR RESORT TO COURT PROCESS. THIS MEANS THAT (I) YOU ARE GIVING UP, AND YOU WAIVE, THE RIGHT TO HA VE ANY SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY OR A JUDGE (EXCEPT AS SET FORTH EXPRESSLY IN SECTION 16), AND (II) THAT YOU ARE GIVING UP, AND YOU WAIVE, THE ABILITY TO PURSUE ANY SUCH DISPUTE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING.

PLEASE SEE SECTIONS 9, 10 AND 16 FOR MORE INFORMATION.

1. Service Overview, Availability and Eligibility

Overview of the Service. Spotbrands Group, Inc. d/b/a Cottonball and/or its affiliates (collectively, “Cottonball,” “we,” or “us”) provides a telemedicine platform through which you may access dermatologist-guided skincare consultations and prescription treatments. We operate the website located at www.cottonball.com and may operate mobile applications or related services (collectively, the "Platform").

These Terms govern your access and use of the Platform, including all content, information, features, and services (collectively, the "Service") made available by Cottonball. The Service may include: (i) 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; (ii) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; and (iii) telecommunications support for using the Service as a means of direct access to a health care provider for communication, consultations, assessments, and treatment by such health care organizations and their providers. By using the Service, you agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. If you are accepting these Terms on behalf of another person, including a minor, you represent that you have the authority to do so, and both you and the individual are bound by these Terms.

Limited Use and Availability. Cottonball is based in the United States. We provide the Service for use only by persons located in the United States. We make no claims or representations that the Service or any material included in the Service is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so at your own risk and you are solely responsible for compliance with local laws, including export laws as applicable.

Eligibility. The Service is intended for use by you only if you are 18 years of age or over. To qualify to use the Service, the following must be true, and by accessing or using the Service, you represent and warrant that they are true:

You are age 18 or over or, if you are accessing the Service in violation of the Eligibility requirement related to age, you otherwise have the express consent of your parent or legal guardian.
You are located in a state where we operate.
You agree to be legally bound by and comply with these Terms of Service.

You understand and agree that satisfying the above requirements does not guarantee that you will receive Service. In addition to the above requirements, we reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

Please contact us at support@cottonball.com if you are a parent or legal guardian of an individual under the age of eighteen (18) who you believe has used the Service without your consent. To access or use the Service, you must have compatible devices, access to the Internet, and certain necessary software. Fees and charges may apply to your use of mobile services and to the Internet.

2. Telehealth and Your Relationship with Us

Your Relationship with Us. We provide a telemedicine platform through which you may access dermatologist-guided skincare consultations and prescription treatments. All medical services, including diagnosis, treatment, and prescription of medication, are provided by independent, board-certified dermatologists or other licensed healthcare professionals ("Providers") affiliated with independent medical groups ("Medical Groups"). Cottonball does not practice medicine and is not a healthcare provider. Your relationship for healthcare services is with the Medical Groups and Providers, not Cottonball. Cottonball merely facilitates communication and does not control the practice of medicine or any professional healthcare service.

The skin care resources made available through the Service are for informational purposes only, and are not a substitute for direct in-person health care services in all cases; nor are they an indicator of specific results. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and consulting with the Medical Groups and Providers through the Service, you are not entering into a provider-patient relationship with Cottonball. Except for specific communications received from the Medical Group and/or Providers, none of the information you receive through the Service should be considered medical advice.

We do not control or interfere with the practice of medicine by the Medical Groups or Providers, each of whom is solely responsible for directing the medical care and/or treatment they provide to you. By accepting this Agreement, you acknowledge and agree that Cottonball is not a healthcare provider and that by using the Service, you are not entering into a doctor-patient or other health care provider-patient relationship with Cottonball. By using the Service, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with the Medical Group and/or one or more Providers.

By accepting this Agreement, you acknowledge and agree that the Medical Group and/or Providers may send you messages, reports, and emails via the Service regarding your diagnosis and/or treatment. You understand and agree that Cottonball is not responsible for the security or privacy of communications services you use to receive the aforementioned messages, reports, and emails sent via the Service. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Cottonball nor the Medical Group nor any Provider will be responsible in any way and you will not hold Cottonball, the Medical Group or any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Medical Group or your Provider(s).

While you are not establishing a doctor-patient or other health care provider-patient relationship with Cottonball, by using the Service, you are establishing a direct customer relationship with Cottonball to use the Service, including the purchase of any non-prescription products or non-medical services sold directly to you by Cottonball via the Service. In connection with such relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy. Please refer to the Privacy Policy and the “Protected Information” section below for additional information.

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 Service will incorporate network and software security protocols to protect the privacy and security of health information, and will include measures to safeguard your data to ensure its integrity against intentional or unintentional corruption or unlawful access. By accepting the Terms of Service, you agree and consent to Cottonball, the Medical Groups and Providers with whom we partner to provide the Service to you sending you disclosures, notices, messages, reports, and other communications either in writing or electronically including without limitation through your account or by email. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us, any Medical Groups or Providers with whom we partner to offer the Service to you 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. Moreover, you acknowledge and agree that no means of electronic transmission can be guaranteed to be 100% secure. By accessing or using the Service, you agree to us transmitting health and other information to you electronically and that any information sent to or signed by you or us electronically shall be deemed equivalent to as if such information was provided or signed in writing.

Please see our Consent to Telehealth for additional information about the risks and benefits of telehealth. The Consent to Telehealth is hereby incorporated into these Terms of Service by reference and constitutes a part of these Terms of Service. Please also see Section 14 below for additional terms applicable to the use of certain services and products on the Service.

Pharmacy Services. If you receive a prescription as a result of your use of the Service, you will be assigned a pharmacy within our network to ship your prescription (collectively, the “Pharmacies”). You give us consent to send and disclose to the Cottonball pharmacy network or 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. We do not control or interfere with any professional service provided by the Pharmacies, each of which is solely responsible for their provision of professional services rendered via the Service. You acknowledge that your medication will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.

Private Pay Acknowledgement. You acknowledge and agree that all Cottonball-branded skincare products and related subscription services are offered solely on a direct-to-consumer, private-pay basis and are not eligible for coverage or reimbursement under any federal, state, or commercial health-care program. You understand that Cottonball, the Medical Groups, Providers, and Pharmacies do not accept assignment of benefits, do not contract with or bill any insurer, and will not submit or assist in the submission of any claim for reimbursement to Medicare, Medicaid, or any other third-party payor. You further represent that, if you are a beneficiary of any such program, you will not seek reimbursement for, or cause any claim to be submitted for, the cost of any product or subscription obtained through the Service. Subscription pricing is fixed, transparent, and established on a self-pay basis unrelated to any “usual, customary, and reasonable” rate schedules. Cottonball acts as the seller of record for all Cottonball-branded products and as a limited payment collection agent for any affiliated Medical Groups or Pharmacies that may participate in formulation or fulfillment.

Notice Regarding Your Financial Responsibility for the Service. Cottonball and the Medical Groups are not enrolled with, and are not participating providers with, any federal or state healthcare programs (i.e., Medicare, Medicaid) or commercial healthcare program for the provision of any health care services or supplies and, as such, neither you, Cottonball nor the Medical Groups may receive payment from such programs for the services or products provided to you by Cottonball or the Medical Groups. Further, to the extent that any of the Pharmacies or Providers may be enrolled in federal or state healthcare programs, the means through which the services and products are provided or made accessible through the Service typically precludes such services and products from being covered benefits under these programs.

By choosing to use the Service, you are specifically choosing to obtain products and services on a cash basis outside of any federal or state healthcare program. Thus, you are solely responsible for the costs of any service or product provided to you. By agreeing to use the Service, you acknowledge and agree that services obtained through the Platform are provided on a private-pay basis. You acknowledge you will not seek reimbursement from any health plan, government payer, or other third party for these services.

3. Registration and Account Creation

Although certain parts of the Service are accessible without creating an account, you may be required to create an account to access and use certain parts of the Service. If you create an account, 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 Cottonball. If you do not maintain such information, or Cottonball has reasonable grounds to suspect as much, Cottonball has the right to suspend or terminate your account and your use of the Service. You agree to keep confidential your username and password and to exit from your 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 also agree to immediately notify Cottonball of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Service by emailing us at support@cottonball.com. We may take any and all actions we deem necessary or reasonable to maintain the security of the Service.

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. Cottonball explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.

4. Privacy and Protected Health Information

Cottonball understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy available at https://www.cottonball.com/legal/privacy for information about how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms of Service by reference and constitute a part of these Terms of Service.

When you set up an account with Cottonball, you are creating a direct customer relationship with us that enables you to access and/or utilize the various functions of the Service as a user. As part of that relationship, you provide information to Cottonball, including but not limited to your name, email address, shipping address and phone number, that we may collect, use and disclose in accordance with our Privacy Policy, and that we do not consider to be “health” or “medical” information.

However, in using certain components of the Service, you may also provide certain medical information that may be protected under applicable laws. Cottonball is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). One or more of the Pharmacies or Medical Groups may or may not be a “covered entity” or “business associate” under HIPAA, and Cottonball may in some cases be a “business associate” of a Pharmacy or Medical Group. It is important to remember that, while state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with Cottonball, the Medical Groups, the Providers, or the Pharmacies. To the extent Cottonball is deemed a “business associate” however, and solely in its role as a business associate, Cottonball, may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the Pharmacies or Medical Groups (“PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.

The Medical Groups and Providers have adopted a Notice of Privacy Practices that describes how they use and disclose Protected Information. By accessing or using any part of the Service, you are acknowledging receipt of the Notice of Privacy Practices from your Medical Group and Provider(s).

By using the Service, you are agreeing that even if HIPAA does apply to Cottonball, the Medical Groups, the Providers, or the Pharmacies, any information that you submit to Cottonball that is not intended and used solely for the provision of diagnosis and treatment by the Medical Group and Providers or prescription fulfillment by the Pharmacies, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information.

5. Ownership and License to Use the Service

Ownership. As between Cottonball and you, Cottonball is the sole and exclusive owner of all right, title and interest in and to the Service and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel) ("Service Content"). You are not permitted to reproduce, publish, distribute, modify, reverse engineer, disassemble, 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 Service or Service Content except as permitted by these Terms of Service or otherwise by Cottonball expressly in writing. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Service or Service Content shall be owned solely and exclusively by Cottonball or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Service or Service Content.

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

Your License. Subject to your compliance with these Terms of Service, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Service and Service Content solely for your personal and non-commercial use and only as permitted under these Terms of Service and the Privacy Policy. No other right, title, or interest in or to the Service or Service Content is transferred to you, and all rights not expressly granted are reserved by Cottonball or its licensors.

6. User Content and Cottonball’s License to Use Such Content

Except as provided in our Privacy Policy; or information governed by applicable federal and state-specific privacy laws and regulations; you understand and agree that any information you provide through the Service, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions/feedback, will be treated as non-confidential and non-proprietary and will become the property of Cottonball ("User Content").

Except as provided in our Privacy Policy or subject to any applicable laws, User Content may be used by Cottonball for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting, and Cottonball shall be free to use such User Content for any purpose whatsoever, including, without limitation, developing and marketing products using such information, without any compensation owed to you. You hereby grant Cottonball the fully transferable and sublicenseable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Service for the purposes of providing Service to you; marketing services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of Cottonball using such data. You understand that any User Content you publish in public forums will be viewable and copyable by other users of the forum and potentially the public at large.

WITHOUT LIMITATION OF THE FOREGOING, COTTONBALL DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE USER CONTENT FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE USER CONTENT CONTAINED THEREIN.

You acknowledge, consent, and agree that we may access, monitor, preserve, and disclose your information and/or any User Content you submit or make available for inclusion on the Service, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by law or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms of Service, our Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (3) to respond to claims that any content violates the rights of third parties; (4) to respond to your requests for customer service; and (5) to protect the rights, property, or personal safety of Cottonball, its agents and affiliates, its users, and the public. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.

7. Copyright Notices

Cottonball reserves the right to remove any content or any other material or information available on or through our Service, at any time, for any reason. Cottonball otherwise complies with the provisions of the Digital Millennium Copyright Act ("DMCA") applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This section describes the procedure that should be followed to file a notification of alleged copyright infringement with Cottonball.

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

Copyright Agent, TRADEMARKS@COOLEY .COM Susan Piascik Christoff Cooley LLP 199 Pennsylvania Avenue, NW, Suite 700 Washington, DISTRICT OF COLUMBIA United States 20004

Any notification to Cottonball under 17 U.S.C. § 512(c) alleging copyright infringement must include all of the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
An identification of the content or material that you claim is infringing and where it is located on our Service;
Information sufficient for Cottonball to contact you, such as your address, telephone number, and/or email address;
A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner's behalf.

8. Restrictions on Use of Service

You agree that in using or accessing the Service, you will not, and will not attempt to:

impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
violate any local, state, national or international law (including export laws).
reverse engineer, disassemble, decompile, or translate any software or other components of the Service.
distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or the Service, or any other system, device, or property.
access or use the Service in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party.
use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service.
license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service, Service Content, or User Content other than as expressly permitted herein.
create or develop competing products or services or for any other purpose that is to Cottonball’s detriment or commercial disadvantage.
damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner the Service, Service Content, or User Content, in whole or in part.
use framing techniques to enclose any trademark, logo, or the Service without our express prior written consent.
post, transmit or otherwise disseminate any content that, as we determine at our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, violent, demeaning, intimidating, discriminatory, or racially, ethnically or otherwise objectionable, or infringes our or any third party's intellectual property or other rights, (ii) is derogatory or harmful to our reputation, the reputation of our licensors, affiliated healthcare providers, affiliated healthcare practices, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner; or (iv) attempts to obtain the personal information of other users.
harm, harass, threaten, abuse, defame, demean, discriminate against, or intimidate any affiliated health care provider who provides health care services related to the Service, as we determine in our sole discretion.
disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the Service or any computer network.
bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by Cottonball or any of our service providers to protect the Service.
remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services or any Services Content or User Content.
use any manual process or automated device to monitor or copy any content made available on or through the Service for any unauthorized purpose except as permitted herein.
copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to Cottonball or third-party content from the Service.
otherwise use the Services in any manner that exceeds the scope of use granted herein or encourage or enable any other individual to do any of the foregoing.

9. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COTTONBALL AND EACH THIRD PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE PLATFORM, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS AND THE PHARMACIES, AND EACH OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, SUPPLIERS, REPRESENTATIVES, PROPRIETORS, PARTNERS, SHAREHOLDERS, PRINCIPALS, AGENTS, PREDECESSORS, SUCCESSORS, ASSIGNS, ACCOUNTANTS, AND ATTORNEYS (COLLECTIVELY , THE "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 SERVICE INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY , FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, A V AILABILITY , SECURITY , OPERABILITY , CONDITION, QUIET ENJOYMENT, V ALUE, 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 SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

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

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION, OR YOUR RELIANCE ON ANY SUCH CONTENT, MATERIAL, AND/OR INFORMATION.

PRODUCT INFORMATION AND FDA DISCLOSURE. THE COTTONBALL-BRANDED SKINCARE PRODUCTS A V AILABLE THROUGH THE SERVICE MAY CONTAIN ACTIVE OR COSMETIC INGREDIENTS REGULATED BY THE U.S. FOOD AND DRUG ADMINISTRATION OR OTHER AUTHORITIES. UNLESS OTHERWISE EXPRESSLY STATED, SUCH PRODUCTS HA VE NOT BEEN APPROVED BY THE FDA AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. INDIVIDUAL RESULTS MAY V ARY . YOU AGREE TO USE ALL PRODUCTS ONLY AS DIRECTED ON THEIR LABELING AND ACKNOWLEDGE THAT COTTONBALL DOES NOT GUARANTEE ANY PARTICULAR RESULTS, EFFECTS, OR OUTCOMES. TO THE FULLEST EXTENT PERMITTED BY LAW, COTTONBALL DISCLAIMS ANY LIABILITY FOR ADVERSE REACTIONS, SKIN IRRITATION, OR OTHER HARM RESULTING FROM MISUSE OF ANY PRODUCT, FROM COMBINING PRODUCTS WITH OTHER SUBSTANCES, OR FROM FAILURE TO FOLLOW INSTRUCTIONS.

10. 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 COTTONBALL OR THE RELATED PERSONS 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, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE PLATFORM, SERVICE OR ANY SERVICE CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR PLATFORM. THIS IS TRUE EVEN IF COTTONBALL OR RELATED PERSONS HA VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

IN NO EVENT SHALL COTTONBALL OR THE RELATED PERSONS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE, THE GREATER OF (I) ONE HUNDRED DOLLARS ($100), OR (II) THE AMOUNT PAID BY YOU, IF ANY , FOR ACCESSING THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

11. Indemnification

You agree to indemnify, defend, and hold harmless Cottonball and the Related Persons from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys' fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, (i) your use of the Service, or your use of the materials or features available on the Service, in an unauthorized manner, (ii) your fraud, violation of law, negligence, or willful misconduct, or (iii) any breach by you of these Terms.

12. Third Party Links and Features on the Service

The Platform may contain hyperlinks, plug-ins, products, or features operated by third parties ("Third-Party Services"). Such Third-Party Services are not under our control, therefore, we are not responsible for the information, products or services described by, or for the content or features of any such Third-Party Services. We are providing these Third-Party Services to you only as a convenience, and the inclusion of any Third-Party Services does not necessarily imply endorsement of the Third-Party Services or any association with its operators. Your use of these Third-Party Services 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 Third-Party Services. You may have arrived at the Service through a Third-Party Service, and you understand and agree that we are not responsible for the information, products or services described on those Third-Party Services and only these Terms of Service will apply to your use of or access to the Service.

Moreover, we are not involved in any actual transaction between any user and another user or third party, nor are we the agent of either for any purpose. As such, we will not be involved in resolving any disputes between any user and another user or third party relating to or arising out of any transaction between such parties. We urge users and third parties to cooperate with one another to resolve any such disputes. In the event that you have a dispute with one or more other users or third parties through your use of the Service, you release Cottonball, its officers, employees, agents, affiliates and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Service.

13. Changes to Terms of Service

The Service is continually under development, and Cottonball reserves the right to review or remove any part of these Terms in its sole discretion at any time and without prior notice to you. You should check the Terms from time to time when you use the Service to determine if any changes have been made. Any changes to these Terms are effective upon posting to the Platform, unless applicable law requires us to provide additional notice or take other actions before such changes can become effective. If you disagree with these Terms, your sole and exclusive remedy is to discontinue your use of the Service. Your continued use after a change has been posted constitutes your acceptance of the changes.

You acknowledge and agree that: (1) all or any part of the Service may not be accessible at any time, for any period, or for any reason; and (2) Cottonball will not be liable if for any reason all or any part of the Service are unavailable at any time or for any period. Cottonball reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Service or any portion thereof, with or without notice. You agree that Cottonball shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

14. Payments and Subscription Services

Payments. You agree to pay all fees due for services requested pursuant to all payment terms presented to you when engaging in transactions. Prices are subject to change at any point in our sole discretion. 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 us, our affiliates, or our third-party payment processors to charge the amount due, including recurring fees associated with Subscription Services (as defined below).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) that provide services to you in connection with the Service. Your payments to Cottonball may include fees charged by the Medical Groups, Providers and Pharmacies, which Cottonball collects on their behalf. In the event that your credit card expires or Cottonball, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Cottonball and/or the Medical Groups and/or Providers have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified. You are responsible for keeping your payment information (such as credit card number and billing address) accurate and up to date at all times.

Subscription Services. Certain products available through the Service are offered on a subscription basis (“Subscription Services”) and are shipped in quantities intended to last for different periods of time, which may include one-month, two-month, or three-month supplies, as disclosed to you at the time of purchase (the applicable “Supply Interval”). For Subscription Services, your payment method will be automatically charged in advance of each applicable Supply Interval at the price and frequency described during the checkout process for the applicable Subscription Services.

You may cancel a subscription at any time before the applicable cancellation cutoff date for the then-current Supply Interval and the affiliated professional entities that provide services on the Platform. The Cottonball Membership Program (the “Membership Program”) is designed to provide access to routine and necessary services for skincare. The Membership is not intended for use in emergencies or mental health crises, or by patients with specialized needs that should be treated by appropriate specialists.

The Membership Program is a membership-based subscription service through which eligible Members can obtain limited medical care as indicated to you at the time you purchase a Subscription Service. You will also be informed about how you can cancel these Subscription Services. This section describes additional terms and conditions applicable to your participation in the Membership Program offered through Cottonball at the discretion of the Member’s provider, including physician services provided on a recurring basis aligned with the applicable Supply Interval. A Provider may prescribe products as appropriate, and the cost of products is included in the Membership Fee (as defined below).

The Membership Program is not health insurance or a substitute for health insurance, does not meet any individual health insurance mandate under federal or state law, and cannot replace your relationship with any specialty provider. You should keep your existing health insurance coverage while you are participating in the Membership Program or obtain health insurance coverage if you do not currently have it.

Onboarding and Assessment/Eligibility for the Membership Program. In order to participate in the Membership Program, you must be evaluated by a health care provider on the Platform and, in the professional judgment of such provider, meet the clinical criteria for participation. To be evaluated for participation, you must complete an initial onboarding telehealth medical assessment (the “Online Assessment”) and our providers will determine if you are a good candidate for treatment through the Membership Program.

The Membership Program includes the cost of our customized skincare products. Cottonball is cash pay only and does not accept insurance. The Membership Program services may change from time to time. You will be given thirty (30) days' notice of any such change. You accept the revised Membership Program services by continuing in the Membership Program or may reject them by terminating your Membership Program.

Payment of Your Membership Program. You will have an opportunity to review and agree to the price and Supply Interval (monthly, bi-monthly, or quarterly) applicable to your selected Subscription Service (the “Membership Fee”) during the checkout process. You may also view the costs and Supply Interval associated with your Membership Program on your Account page.

Once you begin participation in the Membership Program, your Membership Fee will be charged to your payment card on file at the start of each Supply Interval (for example, monthly, every two months, or every three months, depending on the product selected). You will be automatically billed on a recurring basis aligned with the applicable Supply Interval until your Membership Program is canceled. Once paid, your Membership Fee is non-refundable, except as required by applicable law. You will be notified in writing before any price increase or material change in terms.

Your customized skincare products will be filled by The Pharmacy Hub, LLC.

Cancellation of Your Membership Program Subscription. You may cancel your Membership Program Subscription at any time, without penalty, through an online, self-service cancellation mechanism made available within your account, including by using the Cottonball chatbot accessible from your membership or account page. The chatbot provides a direct and immediate means to cancel your subscription online, 24 hours a day, without requiring you to speak to a customer service representative. During the cancellation flow, Cottonball may present optional alternatives (such as pausing your subscription or changing your formula); however, your ability to cancel is not conditioned on engaging with those options. Upon completion of cancellation, your subscription will terminate at the end of the then-current Supply Interval in accordance with the terms disclosed at the time of purchase, and you will receive confirmation of cancellation.

Effect of Cancellation. When you cancel your Membership Program, you will not be charged any additional Membership Fees for future Supply Intervals. You will receive Membership Program services through the last day of the Supply Interval for which you have paid the Membership Fee (the “Last Billing Cycle”). Thereafter, you will not be eligible to receive any Membership Program services, including our customized skincare products.

NEITHER COTTONBALL NOR THE MEDICAL GROUPS OR PROVIDERS MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE CONTINUED A V AILABILITY OF THE MEMBERSHIP PROGRAM. THE MEMBERSHIP PROGRAM MAY BE DISCONTINUED AT ANY TIME AT THE SOLE DISCRETION OF COTTONBALL AND THE MEDICAL GROUPS AND PROVIDERS. EXCEPT WHERE PROHIBITED BY LAW OR AS OTHERWISE SET FORTH IN ANY RETURN OR REFUND POLICY PROVIDED TO YOU ON THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES PURCHASABLE THROUGH THE SERVICES ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

15. Termination

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

Cottonball may terminate or suspend any of the rights granted by these Terms and your access to and use of the Service with or without prior notice, for any reason, and at any time, including for violations of these Terms. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Binding Arbitration/Class Waiver, Governing Law, Severability of Provisions; No Waiver; and Assignment.

Subject to applicable law, Cottonball reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Services pursuant to its internal record retention and/or content destruction policies. After such termination, Cottonball will have no further obligation to provide the Service, 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 Service is terminated pursuant to these Terms of Use, you will not attempt to use the Service in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold Cottonball harmless from any and all liability that Cottonball may incur therefore.

16. Binding Arbitration and Class Waiver

YOU AND WE EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND US, OR ANY OF OUR PAST, PRESENT, OR FUTURE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SERVICE PROVIDERS, LICENSORS, SUPPLIERS, AND REPRESENTATIVES, INCLUDING WITHOUT LIMITATION ANY MEDICAL GROUPS, CLINICIANS, PHARMACIES, OR FULFILLMENT PARTNERS (COLLECTIVELY , THE “COTTONBALL PARTIES”) ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE COTTONBALL PARTIES, THE PLATFORM, THE CONTENT OR THE SERVICE, OR ANY OTHER GOODS, SERVICES OR ADVERTISING BY COTTONBALL OR ANY OF THE COTTONBALL PARTIES, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY , ENFORCEABILITY OR V ALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY , “DISPUTES”), THAT IS NOT RESOLVED BY AN INFORMAL DISPUTE RESOLUTION CONFERENCE (AS DEFINED AND DESCRIBED BELOW), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM NATIONAL ARBITRATION & MEDIATION (“NAM”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN.

The arbitration will be governed by NAM’s Comprehensive Dispute Resolution Rules and Procedures and, where applicable, by the NAM Supplemental Rules for Mass Arbitration Filings (together, the “Rules and Procedures”).

YOU AND THE COTTONBALL PARTIES ACKNOWLEDGE THAT WE ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR AND OUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms of Service, as well as claims that may arise after the termination of these Terms of Service.

Informal Dispute Resolution Conference

In the event a Dispute arises between us, we are committed to working with you to reach a reasonable resolution. You and we agree that good faith informal efforts to resolve Disputes can result in a prompt, low-cost and mutually beneficial outcome. You and we therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties.

Notice to us that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal@cottonball.com or by regular mail to:

Spotbrands Group, Inc. Attn: Legal Department 1266 E Main St, Suite 700R Stamford, CT 06902

The Notice must include: (1) your name, telephone number, mailing address, and e-mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e-mail address of your counsel, if any; and (3) a description of your Dispute.

To be valid, you must personally sign the Notice. If you have counsel (either a law firm or group of law firms or organizations) who additionally represents any other users who either have already provided a Notice to Cottonball within the last ninety (90) days or intend to provide a Notice within the next ninety (90) days for a Dispute of a substantially similar nature, you or your counsel must include with your Notice a list of all such individuals your counsel represents.

We will provide notice to the email address associated with your Cottonball account. It is your responsibility to ensure that your email and mailing address on file are correct and remain up to date.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar Disputes, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.

The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process.

Commencement of Arbitration

If you and we are unable to resolve a Dispute within thirty (30) days after the applicable Informal Dispute Resolution Conference, either party may commence arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.

Before you commence an arbitration under this Arbitration Agreement, you must provide us with a written request for arbitration (the “Request”) that includes: (1) your name; (2) residence address; (3) username (if applicable) and email address associated with your User account (if applicable); (4) a detailed description of the Dispute, including the relief you seek; and (5) a statement certifying completion of the Informal Dispute Resolution Conference, as described above.

Any Request you send to us should be mailed to:

Spotbrands Group, Inc. 1266 E Main St, Suite 700R Stamford, CT 06902 ATTN: Dispute Notice

We will provide the Request to your email address on file.

Fees and Costs

Payment of all filing, administration, and arbitrator fees will be governed by the applicable NAM fee schedules (the “Fee Schedules”) in place at the time the arbitration demand is filed. To the extent, following a presentation on the merits, on its own motion or a party’s motion, and after affording a reasonable opportunity to respond, an arbitrator determines that the party who commenced arbitration did not bring its claim(s) consistent with the standards set forth in Federal Rule of Civil Procedure 11(b), the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration fees and costs it incurred under the Fee Schedules.

Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.

Location; Governing Law

The arbitration will be conducted in the State of Delaware or the county where you reside, unless (a) the parties agree otherwise in writing or (b) the batch arbitration provision below is triggered (in which case, the batches will proceed in locations to be determined by the arbitrator).

The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.

These Terms of Service evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the parties expressly intend that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration (as defined below), and any arbitration.

Arbitrator Authority

Any arbitration proceeding initiated under this Arbitration Agreement will be administered under the NAM Rules and Procedures, as defined above.

The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of this Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion thereof, except to the extent applicable law precludes enforcement of this Arbitration Agreement as to any particular claim or request for relief, in which case the validity and enforceability of this Arbitration Agreement as to that claim or request for relief shall be decided by a court of competent jurisdiction in the State of Delaware.

For more information on NAM, its Rules and Procedures, and how to file an arbitration claim, you may call NAM at 800-358-2550 or visit https://www.namadr.com.

Exceptions to Arbitration

Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; and/or (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act, you and the applicable Cottonball Party agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in the State of Delaware, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings.

In addition, either you or we may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration, as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.

Class Action Waiver

YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HA VE A TRIAL IN FRONT OF A JUDGE OR A JURY.

YOU AND WE AGREE THAT, EXCEPT AS SPECIFIED HEREIN, ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS.

No party may bring any claim subject to arbitration pursuant to this Agreement as a private attorney general, in a representative capacity, or as a plaintiff or class member in any purported class proceeding.

The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).

If a final decision, not subject to any further appeal or recourse, determines that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in the State of Delaware, subject to the parties’ respective rights to appeal the decision.

All other claims or requests for relief shall be arbitrated. This subsection does not prevent you or us from participating in a class-wide settlement of claims.

Batch Arbitration

To increase the efficiency of administration and resolution of arbitrations, you and we agree that in the event that there are twenty-five (25) or more individual arbitrations of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, NAM shall:

administer the arbitration demands in batches of one hundred (100) arbitrations per batch (or, if between twenty-five (25) and ninety-nine (99) individual arbitrations are filed, a single batch of all those arbitrations, and, to the extent there are fewer than one hundred (100) arbitrations left over after the batching described above, a final batch consisting of the remaining arbitrations);
appoint one arbitrator for each batch, whom NAM will appoint without soliciting input or feedback from any party; and
provide for the resolution of each batch on a consolidated basis with one set of filing and
administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

NAM shall administer all batches concurrently, to the extent possible.

All parties agree that arbitrations are of a “substantially similar nature” if they arise out of or relate to the same event(s), act(s), omission(s), practice(s), or factual scenario(s) and raise the same or similar legal issues and seek the same or similar relief.

To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). The Administrative Arbitrator’s fees shall be paid by us.

You and we agree to cooperate in good faith with NAM to implement the Batch Arbitration process.

If this Batch Arbitration provision is found under the law to be invalid or unenforceable, then, in that case only, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in the State of Delaware.

Opt-Out Right

If you do not wish to be bound by this Arbitration Agreement, you may opt out within thirty (30) days after first becoming subject to this Arbitration Agreement by sending a written notice containing: (1) your name; (2) residence address; (3) email address; and (4) a clear statement that you wish to opt out of arbitration to:

Spotbrands Group, Inc. Attn: Arbitration Opt-Out 1266 E Main St, Suite 700R Stamford, CT 06902

You must sign the Opt-Out Notice for it to be effective. Any opt-out notice must be sent by you personally; opt-out notices from third parties purporting to act on your behalf will have no effect.

Opting out does not affect any other provisions of these Terms of Service.

17. Communications by Text Message and Emails

By providing your phone number and using the Service, you consent to receive calls and text messages from or on behalf of Cottonball, its Providers, or authorized third parties at the number you provide. These communications may be subject to the Telephone Consumer Protection Act (TCPA). You certify that you are the account holder or have authority to consent to receive such messages.

The following terms apply to all SMS/text messaging services provided by Cottonball. By providing your phone number and opting into one or more SMS communication categories, you agree to these terms. These terms comply with the CTIA Short Code Monitoring Handbook.

Text SKIN to our shortcode to opt-in and receive skincare updates, or sign up through your account settings. Message and data rates may apply.

Program Description: By opting into specific SMS communication categories, you consent to receive text messages (including SMS/MMS messages) from Cottonball for the purposes you selected. These purposes may include:
- Account & Security Notifications: Security alerts, two-factor authentication (2FA) verification codes for login, account updates, and other account-related information.
- Appointment & Consultation Updates: Consultation reminders, appointment confirmations, follow-ups, and telemedicine session notifications.
- Prescription & Delivery Notifications: Prescription status updates, pharmacy notifications, shipping updates, and delivery tracking information for your orders.
- Customer Support: Responses to support inquiries, customer service communications, and assistance with your account or orders.
You can manage your specific SMS preferences in your account settings. Note: For two-factor authentication, email verification is available as an alternative to SMS.
Cancellation: You can opt-out of SMS messages at any time by texting "STOP" to the short code. After sending "STOP", you will receive a confirmation text, and no further messages will be sent for that category or all categories depending on the system implementation. To opt-in again, follow the initial sign-up process or adjust preferences in your account settings.
Help: For assistance with the messaging program, reply with the keyword "HELP" or contact support directly at support@cottonball.com or 888.706.5650.
Carrier Liability: Carriers are not liable for delayed or undelivered messages.
Message Frequency and Rates: Message frequency varies, 1 msg per attempt for 2FA. Message and data rates may apply. Consult your wireless provider for details on your text plan and data plan.
Consent Not Required: Your consent to receive SMS messages is not a condition of any purchase.
Privacy: For questions regarding privacy, please read our Privacy Policy.

You also understand that while Cottonball takes 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 Cottonball 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 Cottonball, and receiving text messages from Cottonball, that are not encrypted. Likewise, by emailing Cottonball or giving Cottonball your email, you consent to receiving unencrypted emails messages from Cottonball.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging origination opt-in date and consent; this information will not be shared with any third parties.

If you are experiencing any issues with Cottonball’s 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@cottonball.com. If you have questions specific to your text or data plan, please contact your wireless provider.

18. Miscellaneous Terms

Governing Law. These Terms and your use of the Service shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. Subject to the requirement to arbitrate set forth in Section 16, exclusive jurisdiction for all disputes that do not require arbitration will be the state and federal courts located in Wilmington, Delaware, and you consent to the jurisdiction of those courts.

No waiver. No waiver by Cottonball of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Cottonball to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

No agency relationship. Neither these Terms, nor the Service, Service Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.

Remedies. You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Assignment. You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Cottonball may, in its sole discretion, assign or transfer, without further consent or notification, this Agreement or any or all of the contractual rights and obligations pursuant to this Agreement, in whole or in part, to any affiliate of Cottonball or to a third party in the event that some or all of the business of Cottonball is transferred to such other third party by way of merger, sale of its assets or otherwise.

Notice to California Consumers. Under California Civil Code Section 1789.3, California consumers are entitled to the following consumer rights notice: The provider of the Platform is Spotbrands Group, Inc. located at 1266 E Main St, Suite 700R, Stamford, CT, 06902. For questions or complaints regarding the Platform, please send a letter to the above address or send an email to legal@cottonball.com with “California 1789.3 Inquiry” in the subject line, or call (888) 807-2462. California consumers may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Notice for California Users. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FA VOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HA VE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Third Party Beneficiaries. Except for the foregoing or as otherwise specifically set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of Cottonball, the Medical Groups, the Pharmacies, and the Providers and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, and, except as specifically set forth in this Agreement, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.

Severability. All parts of these Terms apply to the maximum extent permitted by law. Our failure to enforce any provision of these Terms will not constitute a waiver of such right. We both agree that if we cannot enforce a part of these Terms as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in these Terms, the invalidity of part of these Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

Survival. The following provisions survive the expiration, termination, cancellation, or suspension of these Terms for any reason, together with any other provision that by its nature should reasonably be understood to survive: Section 5 (Ownership and License), Section 6 (User Content and Cottonball’s License to Use Such Content), Section 7 (Copyright Notices), Section 8 (Restrictions on Use of Service), Section 9 (Disclaimer of Warranties), Section 10 (Limitation of Liability), Section 11 (Indemnification), Section 12 (Third Party Links and Features on the Service), Section 14 (Payments and Subscription Services) to the extent of any outstanding fees or obligations, Section 15 (Termination), Section 16 (Binding Arbitration and Class Waiver), and this Section 18 (Miscellaneous Terms), including without limitation Governing Law, Remedies, Assignment, Severability, and Entire Agreement. All obligations relating to payment, intellectual property rights, dispute resolution, and limitations of liability shall remain in full force and effect notwithstanding any termination of your use of the Service.

Entire Agreement. This is the entire agreement between you and Cottonball relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that you may have entered into with Cottonball.

19. Contact Us

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

By mail: Spotbrands Group, Inc., 1266 E Main St, Suite 700R, Stamford, CT, 06902

Or by email: support@cottonball.com.

Legal