Terms and Conditions

By clicking "I agree," checking a box to signify your acceptance, using any acceptance protocol presented through this service (as defined below), or otherwise affirmatively accepting these terms and conditions ("Terms" or "Agreement"), you represent that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not create an account or use the service. You hereby grant authority to any party who clicks "I agree" or otherwise indicates acceptance of these Terms on your behalf.

1. Introduction

Cottonball Health, Inc. and/or its affiliates ("Cottonball," "we," or "us") operates 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.

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.

2. Telemedicine and Relationship with Providers

Cottonball provides 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.

3. Limited Use and Availability

You must be located in a U.S. state where the Service is available and be at least the age of majority in your jurisdiction (or have obtained the proper consent if using the Service on behalf of a minor as permitted by applicable law) to use the Service.

4. Privacy and Protected Health Information

HIPAA Compliance: Certain health information you provide may be protected under HIPAA. Cottonball may act as a "business associate" of the Medical Groups, Providers, or pharmacies ("Pharmacies") who fill your prescriptions. In such cases, Cottonball will comply with applicable HIPAA regulations.

5. TCPA and Electronic Communications

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).

5A. SMS/Text Messaging Terms

The following terms apply to all SMS/text messaging services provided by Cottonball. These terms comply with Twilio's Acceptable Use Policy and the CTIA Short Code Monitoring Handbook.

1. Program Description: When you opt in to Cottonball's messaging service, you will receive appointment reminders, prescription notifications, skincare tips, and other healthcare-related communications.
2. Cancellation: You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
3. Help: If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@spotbrands.com or 203.247.3302.
4. Carrier Liability: Carriers are not liable for delayed or undelivered messages.
5. Message Frequency and Rates: Message and data rates may apply for any messages sent to you from us and to us from you. You will receive up to 3 messages per week. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
6. For questions regarding privacy, please read our Privacy Policy.

6. Prescription Products and Pharmacy Services

If a Provider prescribes a medication, you may choose to have that prescription filled at a pharmacy of your choice or one of our affiliated Pharmacies. Certain prescriptions may not be available through telemedicine or certain Pharmacies.

7. Fees and Payment

Fees for consultations, prescriptions, and other services will be clearly stated at the time of purchase. Cottonball does not accept insurance. By using our Service, you agree to pay for the services and products you receive as indicated.

8. Intellectual Property

All content on the Service is the property of Cottonball or its licensors and is protected by applicable laws. You are granted a limited, non-transferable, revocable license to access and use the Service for your personal, non-commercial use only.

9. User Conduct and Prohibited Activities

You shall not:

• Use the Service in a way that violates applicable laws or regulations
• Impersonate another person or entity
• Transmit viruses or other malicious code
• Access or attempt to access the accounts of others without authorization
• Engage in behavior that could damage, disable, or impair the Service or servers

10. Third-Party Services and Links

The Service may contain links to third-party websites or offer products and services from third parties. Cottonball is not responsible for any content, products, or services of third parties.

11. Disclaimers

The service is provided "as is" and "as available" without warranties of any kind, either express or implied. Cottonball disclaims all warranties, including merchantability, fitness for a particular purpose, non-infringement, and accuracy of information.

12. Limitation of Liability

To the maximum extent permitted by law, Cottonball and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, consequential, or special damages.

13. Indemnification

You agree to indemnify, defend, and hold harmless Cottonball, its affiliates, employees, officers, directors, agents, Providers, Medical Groups, and Pharmacies from and against any claims arising out of your use of the Service.

14. Dispute Resolution and Arbitration Agreement

Except where prohibited by law, you and Cottonball agree that any dispute shall be resolved by confidential binding arbitration administered by the American Arbitration Association (AAA).

Opt-Out: You may opt out of this arbitration provision by sending written notice within thirty (30) days of your initial acceptance of these Terms to: Cottonball Health, Inc., 1266 E Main St, Suite 700R, Stamford, CT, 06902, US, Attn: Arbitration Opt-Out.

15. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

16-20. Additional Terms

For complete information about Severability, Waiver, Agency Relationship, Assignment, Notice, and other terms, please review the full Terms and Conditions document.

21. Contact Information

For questions or concerns about these Terms or the Service, please contact us at: