Terms and Conditions of Use

Date of Last Revision:

Oct 17, 2025

Welcome to Bask Health! By signing up for a Bask Health Account (as defined in Section 1) or by using any Bask Health Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

As used in these Terms of Service, “we”, “us”, “our”, "Bask" and “Bask Health” means Bask Health Inc, and “you” means the Bask Health User (if registering for or using a Bask Health Service as an individual), or the business employing the Bask Health User (if registering for or using a Bask Health Service as a business) and any of its affiliates.

Bask Health provides a complete commerce platform that enables merchants to unify their commerce activities. Among other features, this platform includes a range of tools for merchants to build and customize online stores, sell in multiple places (including web, mobile, social media, online marketplaces and other online locations (“Online Services”) and in person (“POS Services”)), manage products, inventory, payments, fulfillment, shipping, business operations, marketing and advertising, and engage with existing and potential customers. Any such service or services offered by Bask are referred to in these Terms of Services as the “Service(s)”. Any new features or tools which are added to the current Services will also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time at bask.health/terms.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Bask's Acceptable Use Policy (“AUP”) and Privacy Policy, and, if applicable, the Bask API License and Terms of Use (“API Terms”) and the Bask Data Processing Addendum (“DPA”) before you may sign up for a Bask Account or use any Bask Service.

Bask Health provides a software infrastructure platform that enables merchants and businesses to launch direct-to-consumer e-prescribing businesses by providing easy connections to the resources they need to do so, via software. We serve only the United States, are HIPAA compliant, and can be reached at our domains ("bask.health", "mybaskhealth.com", "bask.bio") and any and all subdomains.

Maintaining specific healthcare compliance is designated to our merchants, and they have to ensure they are following all applicable state and federal laws when it comes to prescribing and dispensing prescription medications. Bask Health maintains no liability for our merchants, users, and businesses' actions. All fees paid to Bask Health include software fees for using the Bask Health Platform and are reflective of the costs paid to the providers and networks as broken down in the billing and invoice section of your account.

By using Bask Health, you agree to the following definitions:

  • Pharmacy Costs are costs that include a wide array of software fees, services fees, logistics fees, and medication costs. A detailed breakdown is available in your account.
  • Visit Costs and Fees are costs that include a wide array of software fees, services fees, logistics fees, physician fees, and consultation costs. A detailed breakdown is available in your account.
  • Shipping Costs and Fees are costs that include a wide array of software fees, services fees, logistics fees, freight fees, and carrier fees. A detailed breakdown is available in your account.
  • Dispense Costs and Fees are costs that include a wide array of software fees, services fees, logistics fees, freight fees, pharmacy usage, and pharmacist fees. A detailed breakdown is available in your account.
  • Transaction Costs and Fees are costs that include a wide array of software fees, services fees, logistics fees, merchant card processing fees, and application fees. A detailed breakdown is available in your account.
  • Price Gouging: You must not charge excessive prices or engage in deceptive pricing practices for medications and medical related products.
  • Claims: Any medical, scientific or other claims must be true and supported by documented evidence, and where required by law, an adequate and proper test of such claims. Products claiming to prevent, treat or cure a disease falsely will be removed from the Bask platform.
  • Compliance with laws: You must comply with all applicable laws and other regulatory requirements relating to the sale of medical related products, both in your jurisdiction and in the jurisdiction of your customers.
  • Appropriate licensing or permissions: You must obtain all applicable licenses or permissions for the products you sell. This includes all applicable licenses, approvals, or authorizations for the sale of medical or health-related products.
  • Selling regulated products: Prior notice and/or approval by Bask is required for the sale of regulated products on our platform. In some cases (for example, selling government-approved test kits), we may require that you provide information or documentation in order to verify that you have complied with these Rules of Engagement and sign an additional agreement. Please contact us at legal@bask.health
  • Non-Delivery: Buyers should receive any products they purchase from your store.
  • Any other definitions defined herein;

We never fee split or gauge the costs of doctor consultations or medication costs. These are set by your pharmacy and physician network.

Everyday language summaries are provided for convenience only and appear in bold near each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using Bask Health or any Bask Health services, you are agreeing to these terms. Be sure to occasionally check back for updates.

1. Account Terms

  1. To access and use the Services, you must register for a Bask Health account (“Account”). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. Bask Health may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
  2. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
  3. You confirm that you are receiving any Services provided by Bask Health for the purposes of carrying on a business activity and not for any personal, household, or family purpose.
  4. You acknowledge that Bask Health will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to Bask Health and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Bask Health can only be authenticated if they come from your Primary Email Address.
  5. You are responsible for keeping your password secure. Bask Health cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.
  6. Technical support in respect of the Services is only provided to Bask Health Users. Questions about the Terms of Service should be sent to Bask Health Support.
  7. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Bask Health.
  8. You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including to process orders outside Bask Health’s Checkout, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
  9. You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
  10. You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. “Materials” means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to Bask Health or its affiliates.

2. Account Activation

2.1 Store Owner

Subject to Section 2.1.2, the person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.

If you are signing up for the Services on behalf of your employer, your employer will be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.

Your Bask Health Store can only be associated with one Store Owner. A Store Owner may have multiple Bask Health Stores. You agree to use Bask Health Checkout for your store. “Store” means the online store (whether hosted by Bask Health or on a third party website), or any storefront built on top of the Storefront API) or physical retail location(s) associated with the Account.

2.2 Staff Accounts

Based on your Bask Health pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. Each Staff Account must include a full legal name and a valid email account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings). The Store Owner is responsible for: (a) ensuring its employees, agents, and subcontractors, including via Staff Accounts, comply with these Terms of Service; and (b) any breach of these Terms of Service by the Store Owner’s employees, agents, or subcontractors. The Store Owner acknowledges and agrees that Store Owner will be responsible for the performance of all of its obligations under the Agreement, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of Store Owner. The Store Owner and the users under Staff Accounts are each referred to as a “Bask Health User”.

2.3 Bask Health Inc. Accounts

Upon completion of sign up for the Service, Bask Health will create a Bask Health account on your behalf, using your Primary Email Address. Depending on your location, Bask Health may also create a payment account on your behalf. You acknowledge that the payment account will be your default payments gateway(s) and that it is your sole responsibility as the Store Owner to activate and maintain these accounts. If you do not wish to keep the payment account active, it is your responsibility to deactivate them. For the avoidance of doubt, the payment account is a Third Party Service, as defined in Section 9.7.1 of these Terms of Service.

2.4 Bask Health Pay

Upon completion of sign up for the Service, if you have been enrolled in Bask Health payments, Bask Pay will automatically appear as an accelerated checkout option on your checkout page. If you do not wish for Bask Pay to appear on your Store, it is your responsibility to remove it by managing your accelerated checkouts in your Bask Health administrative console. If your customers have enabled Bask Pay, customers may purchase goods and services from your Bask Health Store using Bask Pay. By using Bask Pay on your Bask Health Store, you agree to be bound by the Bask Pay Merchant Terms of Service, as they may be amended by Bask Health from time to time. If Bask Health amends the Bask Pay Merchant Terms of Service, amendments are effective as of the date of posting. Your continued use of Bask Pay on your Store after the amended Bask Pay Merchant Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Bask Pay Merchant Terms of Service. If you do not agree to any changes to the Bask Pay Merchant Terms of Service, it is your responsibility to remove Bask Pay by managing your accelerated checkouts in your Bask Health administrative console.

2.5 Apple Pay for Safari Account

Upon completion of sign up for the Service, Bask Health will create an Apple Pay for Safari (“Apple Pay”) account on your behalf, using the URL(s) and business name associated with your Account. Depending on your location, Bask Health may activate your Apple Pay account on your behalf, otherwise you will be required to activate your Apple Pay account within your Account admin. If you do not wish to keep your Apple Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Apple Pay is a Third Party Service, as defined in Section 9.7.1 of these Terms of Service. If you use an Apple Pay supported payment gateway and your customers have enabled Apple Pay on their device, customers may purchase goods and services from your Store using Apple Pay. By using Apple Pay on your Store, you are agreeing to be bound by the Apple Pay Platform Web Merchant Terms and Conditions, as they may be amended by Apple from time to time. Such amendments to the Apple Pay Platform Web Merchant Terms are effective as of the date of posting. Your continued use of Apple Pay on your Store after the amended Apple Pay Platform Web Merchant Terms are posted constitutes your agreement to, and acceptance of, the amended Apple Pay Platform Web Merchant Terms. If you do not agree to any changes to the Apple Pay Platform Web Merchant Terms, de-activate your Apple Pay account and do not continue to use Apple Pay on your Store.

2.6 Google Pay

Upon completion of sign up for the Service, if you have been enrolled in Bask Health Payments, Bask Health will also create a Google Pay account on your behalf. If you do not wish to keep your Google Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Google Pay is a Third Party Service, as defined in Section 9.7.1 of these Terms of Service. If you use a Google Pay supported payment gateway and your customers have enabled Google Pay, customers may purchase goods and services from your Bask Health Store using Google Pay. By using Google Pay on your Bask Health Store, you are agreeing to be bound by the Google Pay API Terms of Service, as they may be amended by Google from time to time. Such amendments to the Google Pay API Terms of Service are effective as of the date of posting. Your continued use of Google Pay on your Bask Health Store after the amended Google Pay API Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Google Pay API Terms of Service. If you do not agree to any changes to the Google Pay API Terms of Service, deactivate your Google Pay account and do not continue to use Google Pay on your Bask Health Store.

2.7 Bask Pay

Upon completion of sign up for the Service, if you have been enrolled in Bask Health Payments, Bask Health will also create a Bask Pay account on your behalf. If you do not wish to keep your Bask Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Bask Pay is a Third Party Service, as defined in Section 9.7.1 of these Terms of Service. If you use a Bask Pay supported payment gateway and your customers have enabled Bask Pay, customers may purchase goods and services from your Store using Bask Pay. By using Bask Pay on your Store, you are agreeing to be bound by the Bask Pay Merchant Terms and Conditions, as they may be amended by Bask Health from time to time. If Bask Health amends the Bask Pay Merchant Terms and Conditions, such amendments will be effective as of the date of posting by Bask Health. Your continued use of Bask Pay on your Store after the amended Bask Pay Merchant Terms and Conditions are posted constitutes your agreement to, and acceptance of, the amended Bask Pay Merchant Terms and Conditions. If you do not agree to any changes to the Bask Pay Merchant Terms and Conditions, deactivate your Bask Pay account and do not continue to use Bask Pay on your Store.

3. Bask Health Rights

The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times, and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.

Bask Health does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate our AUP or these Terms of Service.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any Bask Health employee, member, or officer will result in immediate Account termination.

We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that Bask Health employees and contractors may also be Bask Health customers or merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.

In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, or confirmation of your status as an employee of an entity.

Bask Health reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Bask Health reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.

4. Your Responsibilities

4.1 Bask Health Store

You acknowledge and agree to provide public-facing, accurate and compliant contact information, a refund policy, consents to telehealth, and order fulfilment timelines on your Bask Health Store.

4.2 Merchant Responsibility

You acknowledge and agree that the Bask Health platform is not a pharmacy or healthcare provider, and any contract of sale made through the Bask Health platform is directly between you and the customer. You are the seller of record for all items you sell through the Bask Health platform. You are responsible for the creation and operation of your Bask Health Store, your Materials, the goods and services that you may sell through the Bask Health platform, and all aspects of the transactions between you and your customer(s). This includes, but is not limited to, authorizing the charge to the customer in respect of the customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms of Service. You represent and warrant that your Store, your Materials and the goods and services you sell through the Bask Health platform will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties. For the avoidance of doubt, Bask Health will not be the seller or merchant or record and will have no responsibility for your Store or items sold to customers through the Bask Health platform.

4.3 Merchant Compliance

You are solely responsible for the goods or services that you may sell through the Bask Health platform (including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations. You may not use the Bask Health platform for any illegal or unauthorized purpose nor may you, in the use of the platform, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the United States. You will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your store or that may be held by you) in your use of the Bask Health platform and your performance of obligations under these Terms of Service.

4.4 API Access

The API Terms govern your access to and use of the Bask Health API (as defined therein). You are solely responsible for the activity that occurs using your API Credentials (as defined in the API Terms) and for keeping your API Credentials secure.

4.5 Use of Bask Health Checkout

You agree to use Bask Health Checkout for any sales associated with your Bask Health Store. “Bask Health Checkout” means Bask Health’s checkout experience that allows Customers to enter their shipping information and payment details after adding item(s) to their cart and before placing an order, including checkouts that occur through the Bask Health Payments & Checkout API.

5. Payment of Fees and Taxes

You will pay the Fees applicable to your subscription to Bask Health's online platform and services (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to Pharmacy Costs, Visit Costs and Fees, Shipping Costs and Fees, Dispense Costs and Fees, and Transaction Costs and Fees. Together, the Subscription Fees and the other fees are referred to as the “Fees”.

You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Bask Health will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Bask Health will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments will be in U.S. currency.

Subscription Fees are paid in advance and will be billed in 30-day intervals (each such date, a “Billing Date”). Other Fees will be charged from time to time at Bask Health's discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the account holder via the Primary Email Address provided. As well, an invoice will appear on the Account page of your Bask Health's administrative console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.

If we are not able to process payment of Fees using an Authorized Payment Method, we may make subsequent attempts to process payment using any Authorized Payment Method. If we are unable to successfully process payment of Fees using an Authorized Payment Method within 28 days of our initial attempt, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your services during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Bask Health reserves the right to terminate your Account in accordance with Section 14.

All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).

You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Bask Health's products and services. To the extent that Bask Health charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Bask Health of your exemption. If you are not charged Taxes by Bask Health, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.

For the avoidance of doubt, all sums payable by you to Bask Health under these Terms of Service will be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Bask Health to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law will be borne by you and paid separately to the relevant taxation authority. Bask Health will be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.

You are solely responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges, and additional charges that arise from or as a result of any transactions on your Bask Health account or your use of the Services. Bask Health is not a marketplace. Any contract made through the Services is directly between you and the healthcare providers or pharmacy fulfillment network.

You must maintain an accurate location in the administrative console of your Bask Health account. If you change jurisdictions, you must promptly update your location in the administrative console. Bask Health does not provide refunds.

6. Confidentiality

"Confidential Information" will include, but will not be limited to, any and all information associated with a party's business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses, and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Bask Health's Confidential Information includes all information that you receive relating to us or to the Services, that is not known to the general public, including information related to our security program and practices.

Each party agrees to use the other party's Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service, including this Section 6. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure, or use of any such Confidential Information, other than (i) by or to its employees, agents, and subcontractors who must have access to such Confidential Information to perform such party's obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain or was already known by or in the possession of the receiving party at the time of disclosure of such information; (B) is independently developed by the receiving party without the use of or reference to the other party's Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

7. Limitation of Liability and Indemnification

You expressly understand and agree that, to the extent permitted by applicable laws, Bask Health and its suppliers will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Bask Health partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference; (b) your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your healthcare provider or pharmacy fulfillment network, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to Federal and State consumer protection laws), or your breach of the Terms of Service.

You will be responsible for any breach of the Terms of Service by your affiliates, agents, or subcontractors and will be liable as if it were your own breach.

Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis without any warranty or condition, express, implied, or statutory.

Bask Health does not warrant that the Services will be uninterrupted, timely, secure, or error-free. Bask Health does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

Bask Health is not responsible for any of your tax obligations or liabilities related to the use of Bask Health's Services.

Bask Health does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

8. Intellectual Property and Your Materials

8.1 Your Materials

We do not claim ownership of the Materials you provide to Bask Health; however, we do require a license to those Materials. You grant Bask Health Inc., also known as Bask Health or Bask, a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by you in connection with the Services. We may use our rights under this license to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You represent, warrant, and agree that you have all necessary rights in the Materials to grant this license. You irrevocably waive any and all moral rights you may have in the Materials in favor of Bask Health and agree that this waiver may be invoked by anyone who obtains rights in the materials through Bask Health, including anyone to whom Bask Health may transfer or grant (including by way of license or sublicense) any rights in the Materials.

If you owned the Materials before providing them to Bask Health, then, despite uploading them to your Bask Health account, they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere. You can remove your Bask Health account at any time by deleting your Account. Removing your Bask Health account does not terminate any rights or licenses granted to the Materials that Bask Health requires to exercise any rights or perform any obligations that arose during the Term.

You agree that Bask Health can, at any time, review and delete any or all of the Materials submitted to the Services, although Bask Health is not obligated to do so.

You grant Bask Health a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks, and logos associated with your account (“Your Trademarks”) to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. This license will survive any termination of the Terms of Service solely to the extent that Bask Health requires the license to exercise any rights or perform any obligations that arose during the Term.

8.2 Bask Health Intellectual Property

You agree that you may not use any trademarks, logos, or service marks of Bask Health, whether registered or unregistered, including but not limited to the word mark BASK HEALTH, the word mark BASK, and any domain names or subdomains associated with Bask Health (“Bask Health Trademarks”) unless you are authorized to do so by Bask Health in writing. You agree not to use or adopt any marks that may be considered confusing with the Bask Health Trademarks. You agree that any variations or misspellings of the Bask Health Trademarks would be considered confusing with the Bask Health Trademarks.

You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include Bask Health or Bask Health Trademarks or that use or include any terms that may be confusing with the Bask Health Trademarks.

You acknowledge and agree that the Terms of Service do not give you any right to implement Bask Health patents.

9. Additional Services

9.1 Bask Health Services

In addition to the terms applicable to Services generally, the following terms apply to your access and use of the Bask Health Services. Bask Health Services include the Bask Health software infrastructure platform ("Bask Health Platform"), the Bask Health website, located at bask.health, mybaskhealth.com, bask.bio, and any and all subdomains, programs, documentation, apps, tools, internet-based services and components, and any updates thereto provided to you by Bask Health Inc. Access to and use of the Bask Health Services requires that you have an active and valid Account. You can terminate your Bask Health Services without terminating your Account or any other Services you subscribe to, and in such case, you will continue to be billed, and will pay for, the Services (other than the terminated Bask Health Services). You agree to use the Bask Health Services in accordance with all procedures that may be provided by Bask Health Inc from time to time. While the Bask Health Services use encryption technology, and the law generally prohibits third parties from monitoring transmission, we cannot guarantee security with respect to the connection to the Bask Health Services, and we will not be liable for any unauthorized access to or use of data transmitted via the Bask Health Services. All Fees paid to Bask Health include software fees for using the Bask Health Platform and are sometimes not reflective of the costs paid to the providers and networks, but a detailed reflection of costs paid to providers and networks is available as broken down in the billing and invoice section of your account.

9.2 Definitions

By using Bask Health, you agree to the following definitions:

Pharmacy Costs: Costs that include a wide array of software fees, services fees, logistics fees, and medication costs. A detailed breakdown is available in your account. Visit Costs and Fees: Costs that include a wide array of software fees, services fees, logistics fees, physician fees, and consultation costs. A detailed breakdown is available in your account. Shipping Costs and Fees: Costs that include a wide array of software fees, services fees, logistics fees, freight fees, and carrier fees. A detailed breakdown is available in your account. Dispense Costs and Fees: Costs that include a wide array of software fees, services fees, logistics fees, freight fees, pharmacy usage, and pharmacist fees. A detailed breakdown is available in your account. Transaction Costs and Fees: Costs that include a wide array of software fees, services fees, logistics fees, merchant card processing fees, and application fees. A detailed breakdown is available in your account. Bask Health never fee splits or gauges the costs of doctor consultations or medication costs. These are set by your pharmacy and physician network.

9.3 Compliance with Healthcare Regulations

Maintaining specific healthcare compliance is designated to our merchants, and they have to ensure they are following all applicable state and federal laws when it comes to prescribing and dispensing prescription medications. Bask Health maintains no liability for our merchants, users, and businesses' actions.

9.4 Bask Health Network

Bask Health facilitates communication with a network of healthcare providers and a pharmacy fulfillment network. It is the responsibility of the user to ensure that the healthcare providers and pharmacies they engage with through the Bask Health Platform are licensed and in compliance with all applicable laws and regulations. Bask Health Inc is not responsible for the actions of healthcare providers or pharmacies in its network.

9.5 Third-Party Services

Bask Health may integrate with or allow access to third-party services, but we don't control or endorse them. You're responsible for complying with any terms and conditions applicable to those services

9.6 Limitation of Liability

Bask Health Inc's liability for any claim arising out of or related to your use of the Bask Health Services shall be limited to the amount of fees paid by you to Bask Health Inc for the Services giving rise to the claim during the six-month period preceding the event giving rise to the claim. Bask Health Inc shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities, whether foreseeable or not.

9.7 Bask Health Email & SMS

You may generate or send email from your Account using the Bask Health email services (the “Email Services”). In addition to the terms applicable to the Services generally (including Bask Health’s Acceptable Use Policy, and Privacy Policy), the following terms apply to your access and use of the Email Services: Bask Health employs certain controls to scan the content of emails you deliver using the Email Services prior to delivery (“Content Scanning”). Such Content Scanning is intended to limit spam, phishing, or other malicious content that contravenes these Terms of Service, or Bask Health’s Acceptable Use Policy (collectively, “Threats”).

By using the Email Services, you explicitly grant Bask Health the right to employ such Content Scanning. Bask Health does not warrant that the Email Services will be free from Threats, and each Bask Health merchant is responsible for all content generated by their respective Stores. BY GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES, YOU AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE “EMAIL SERVICES REQUIREMENTS”). BASK HEALTH, OR ITS THIRD PARTY PROVIDERS, MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL SERVICES IF YOU DO NOT COMPLY WITH THE EMAIL SERVICES REQUIREMENTS.

  1. Your use of the Email Services must comply with all applicable laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email (“UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Services and the emails you generate or send through the Email Services.

  2. Your use of the Email Services must comply with Bask Health’s Privacy Policy. It is your responsibility to read and understand the Privacy Policy applicable to your use of the Email Services and the emails you generate or send through the Email Services.

  3. You will use commercially reasonable efforts not to send sensitive personal data, including information regarding an individual’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data (collectively, “Sensitive Data”) through the Email Services. It is your responsibility to read and understand your obligations in relation to Sensitive Data.

  4. Your use of the Email Services must follow all applicable guidelines established by Bask Health. The guidelines below are examples of practices that may violate the Email Services Requirements when generating or sending emails through the Email Services: using non-permission based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails); using purchased or rented email lists; using third party email addresses, domain names, or mail servers without proper permission; sending emails to non-specific addresses (e.g., webmaster@domain.com or info@domain.com); sending emails that result in an unacceptable number of spam or UCE complaints (even if the emails themselves are not actually spam or UCE); failing to include a working “unsubscribe” link in each email that allows the recipient to remove themselves from your mailing list; failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request; failing to include in each email a link to the then-current privacy policy applicable to that email; disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email; failing to include in each email your valid physical mailing address or a link to that information; or including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a recipient to forward the email to another recipient. If you or a customer knows of or suspects any violations of the Email Services Requirements, please notify Bask Health at abuse@bask.health. Bask Health will determine compliance with the Email Services Requirements in its discretion. Bask Health’s Email Services utilize Third Party Providers, including SendGrid (a Twilio Company). Your use of the Email Services is subject to SendGrid’s Acceptable Use Policy as it may be amended by SendGrid from time to time.

The Services allow you to send certain communications to your clients via short message service (SMS) messaging (for example, sending appointment confirmation notifications via SMS) (the "SMS Services"). You will only use the SMS Services in compliance with these Terms of Service, any other applicable terms (including Nexmo Inc.'s Acceptable Use Policy and Twilio’s Acceptable Use Policy, as may be amended from time to time), and the laws of the jurisdiction from which you send messages, and in which your messages are received.

9.8 Bask Health App

The Bask Health app is a Bask Health application that is available to Eligible Merchants (defined below) (the “Bask Health App”, more details here) to engage with customers that use the Bask Health App (each, a “Bask Health App User”). The Bask Health App is deemed to be a part of the Services, and all terms applicable to the Services apply. Without limiting the generality of the preceding sentence, and subject to these Terms of Service and all applicable guidelines and policies, Bask Health reserves the right to refuse a Merchant access to or use of all or part of the Bask Health App for any reason and at any time without prior notice. Only those Merchants who meet all merchant requirements and do not sell any prohibited products, as outlined in the Bask Health Merchant Guidelines (as may be amended from time to time), are eligible to access and use the Bask Health App Services (“Eligible Merchants”). We may display your Materials, including product or service listings, Your Trademarks and any other content, data, or information from your Bask Health Store on the Bask Health App. While the Bask Health App enables Bask Health App Users to shop natively in the Bask Health App, the transaction is completed on your Bask Health Store. For clarity and avoidance of doubt, Section 7 (Limitation of Liability) and Section 8 (Intellectual Property) apply to the use of your Materials on the Bask Health App and your responsibility for your Materials and purchases made through your Bask Health Store. Your Materials and your use of the Bask Health App must comply at all times with our Bask Health App Merchant Guidelines, these Terms of Service, the Additional Terms, all other applicable policies and guidelines, and applicable law. As in other areas of the Service, Bask Health is not obligated to intervene in any dispute arising between you and your customers (including Bask Health App Users). On the Bask Health App, content is ranked by factors including relevance to a search query or a user’s interests, image quality, domain quality, and how frequently other users have engaged with the content. For more information about how we display content on the Bask Health App, see our Bask Health App help documentation. If you do not wish for your Materials to be available in the Bask Health App, it is your responsibility to manage or deactivate this Service. If you have the Bask Health App merchant channel installed, please see instructions here. If you do not yet have the Bask Health App merchant channel installed on your Bask Health Store, install it here. If the Bask Health App merchant channel is not currently supported in your country, please contact support to remove your Materials from the Bask Health App. Note that if you remove your Materials from the Bask Health App, Bask Health App Users who purchase from your Bask Health Store will continue to be able to view, manage and track orders from your Bask Health Store in the Bask Health App. If you delete your Bask Health Account, your Materials will be removed from the Bask Health App.

9.9 Third Party Services and Healthcare Providers

Bask Health may from time to time recommend, provide you with access to, or enable third party software, applications ("Apps"), products, services, healthcare providers or website links (collectively, "Third Party Services") for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access, or use of any such Third Party Services is solely between you and the applicable third party services provider ("Third Party Provider"). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.

Any use by you of Third Party Services offered through Bask Health, including connections to healthcare providers and pharmacy fulfillment networks, is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. Bask Health does not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Bask Health has no control over Third Party Services and will not be responsible or liable to you or anyone else for such Third Party Services.

The availability of Third Party Services, including any connections with healthcare providers or pharmacy fulfillment networks, does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Bask Health. Bask Health does not guarantee the availability of Third Party Services and you acknowledge that Bask Health may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Bask Health is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service.

If you engage or enable a Third Party Service for use with the Bask Health platform, you grant us permission to allow the applicable Third Party Provider to access your data and other materials and to take any other actions as required for the interoperation of the Third Party Service with the Bask Health platform. Bask Health is not responsible for any disclosure, modification, or deletion of your data or other materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other materials. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Bask Health partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

9.10 Beta Services

From time to time, Bask Health may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all users ("Beta Services"). Beta Services are not part of the Services, and Beta Services may be subject to additional terms and conditions, which Bask Health will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Bask Health Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Bask Health's prior written consent. Bask Health makes no representations or warranties that the Beta Services will function. Bask Health may discontinue the Beta Services at any time in its sole discretion. Bask Health will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Bask Health may change or not release a final or commercial version of a Beta Service in our sole discretion.

9.11 Bask Health Pixel Manager

Bask Health allows you to add pixels to your Bask Health platform to enable you or a third party to track customer events (the "Bask Health Pixel Manager"). You may manage your pixels from within the user interface in the administrative console of your Bask Health platform. In addition to the terms applicable to your use of the Services generally (including these Terms of Service, Bask Health’s Acceptable Use Policy, and Privacy Policy), the following terms apply to your access to and use of the Bask Health Pixel Manager: a. You will comply with all applicable laws and obtain all necessary consents from every site visitor and customer whose events you track; b. If you provide Bask Health with any data collected using pixels, including names, email addresses, phone numbers, or other data that personally identifies an individual, you will obtain all necessary rights and consents prior to providing Bask Health with the foregoing information; c. You agree that Bask Health may disable any pixels that Bask Health identifies as malicious, in Bask Health’s sole discretion; and d. You will not, and will not allow any third parties to, use pixels; i. to engage in or promote any unlawful, infringing, defamatory or otherwise harmful activity; or ii. to disable, interfere with or circumvent any aspect of the Services.

Bask Health may collect information associated with the Bask Health Pixel Manager, such as how pixels are used, and how and what scripts are added. Bask Health may use this data to improve, maintain, protect and develop the Bask Health Pixel Manager.

9.12 Fee Structure and Transparency

Bask Health is committed to providing a transparent and fair fee structure for all users of our platform. The fees charged by Bask Health may include, but are not limited to, service fees, administrative fees, and other charges related to the use of our platform and services. It is important to note that the fees charged by Bask Health are not always directly reflective of the fees paid to healthcare providers or our pharmacy network.

To ensure transparency and a clear understanding of the fees associated with our services, Bask Health provides a detailed breakdown of all charges within the user's account. Users can access this information by logging into their account and navigating to the billing section. This breakdown will include an itemized list of fees, including those paid to healthcare providers and our pharmacy network, as well as any additional charges or fees incurred by Bask Health.

Bask Health maintains separate and independent fee arrangements with healthcare providers and our pharmacy network. This means that the fees charged by Bask Health may not always directly correspond to the fees paid to these providers. Our platform is designed to facilitate the provision of healthcare services, and as such, Bask Health charges fees to cover the costs associated with maintaining and operating the platform, as well as providing support and other services to our users.

Bask Health is committed to complying with all applicable laws and regulations, including those related to fee splitting. As such, our fee structure is designed to ensure that we do not engage in any prohibited fee splitting or sharing arrangements with healthcare providers or our pharmacy network. Users can be confident that the fees charged by Bask Health are in compliance with all relevant legal requirements. By using the Bask Health platform, users acknowledge that they have read, understood, and agree to be bound by this Fee Structure and Transparency section of the Terms of Service.

10. Feedback and Reviews

Bask Health welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, "Feedback") to Bask Health be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Bask Health (whether submitted directly to Bask Health or posted on any Bask Health hosted forum or page), you waive any and all rights in the Feedback and that Bask Health is free to implement and use the Feedback if desired, as provided by you or as modified by Bask Health, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Bask Health must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Bask Health reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

11. DMCA Notice and Takedown Procedure

Bask Health supports the protection of intellectual property and asks Bask Health merchants to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Bask Health's designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. Learn more at Reporting Intellectual Property Infringement.

12. Privacy and Data Protection

Bask Health Inc., also known as Bask Health or Bask, is firmly committed to protecting the privacy of your personal information and the personal information of your customers. As a software infrastructure platform that facilitates communication with a network of healthcare providers and a pharmacy fulfillment network, we understand the importance of privacy and compliance with the Health Insurance Portability and Accountability Act (HIPAA). By using the Service, you acknowledge and agree that Bask Health's collection, usage, and disclosure of this personal information is governed by our Privacy Policy.

To the extent that Bask Health processes personal information of your customers as a "data processor" or "service provider" under certain data privacy or protection laws, including the EU or UK General Data Protection Regulation and the California Consumer Privacy Act, Bask Health's collection and use of personal information is also subject to our Data Processing Addendum.

13. Bask Health Contracting Party

If the billing address of your account is located in the United States, this Section 13(1) applies to you:

“Bask Health Contracting Party” means Bask Health Inc., a United States corporation, with its primary operations focused on serving the United States market. You can reach us through our domains bask.health, mybaskhealth.com, bask.bio, and any and all subdomains.

The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the United States with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

14. Term and Termination

The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you, as provided below (the “Term”).

You may cancel your Account and terminate the Terms of Service at any time by contacting Bask Health Support and then following the specific instructions indicated to you in Bask Health's response.

Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.

Termination of the Terms of Service will be without prejudice to any rights or obligations which arose prior to the date of termination.

Upon termination of the Services by either party for any reason: Bask Health will cease providing you with the Services and you will no longer be able to access your Account; unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise; any outstanding balance owed to Bask Health for your use of the Services through the effective date of such termination will immediately become due and payable in full; and your Bask Health account will be deactivated.

If there are any outstanding Fees owed by you at the date of termination of the Service, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

15. Modifications

We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services or your rights under the Terms of Service by sending an email to your Primary Email Address, providing notice through the Bask Health administrative console, or by similar means.

However, Bask Health may make changes that materially adversely affect your use of the Services or your rights under the Terms of Service at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Service will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended.

If you do not agree to the amended Terms of Service, you must stop accessing and using the Services.

Bask Health may change the Fees for the Services from time-to-time. We will provide you with 30 days advanced notice prior to any changes in Fees by sending an email to the Primary Email Account, providing notice through the Bask Health administrative console, or by similar means.

Bask Health will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services (or any part thereof).

16. General Conditions

The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Bask Health Inc, also known as Bask Health or Bask, and govern your use of the Services and your Account, superseding any prior agreements between you and Bask Health (including, but not limited to, any prior versions of the Terms of Service).

The failure of Bask Health to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service will remain in full force and effect.

Save for Bask Health and its affiliates, you or anyone accessing Bask Health Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service will have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this will not affect the rights of any permitted assignee or transferee of these Terms.

The Terms of Service will be governed by and interpreted in accordance with the laws of the United States, without regard to principles of conflicts of laws.

The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Bask Health’s Terms of Service available in another language, the most current English version of the Terms of Service at bask.health/legal/terms or on any other page accessible via our domains as defined will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Bask Health (acting in its sole discretion) or as required by applicable law.

All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns, and legal representatives. Bask Health will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Bask Health’s prior written consent, to be given or withheld in Bask Health’s sole discretion.

If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal, or unenforceable in any respect, then such invalidity, illegality, or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

On termination, all related rights and obligations under the Terms of Service immediately terminate, except that (a) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination; and Sections 1 (Account Terms), 5 (Payment of Fees), 6 (Confidentiality), 7 (Limitation of Liability and Indemnification), 8.1 (Intellectual Property and Your Materials), 9.7(8)-(10) (Third Party Services, Experts, and Experts Marketplace), 10 (Feedback and Reviews), 12 (Privacy and Data Protection), 13 (Bask Health Contracting Party), 14 (Cancellation and Termination), 15(1) (Modifications), and 16 (General Conditions) will survive the termination or expiration of these Terms of Service.

Bask Health Inc.
555 Madison Ave.
New York, New York 10022
United States

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