Effective Date: 05/01/2025
Last Updated: 06/04/2025

These Terms of Service (“Terms”) govern your access to and use of Leafwell, Inc. (“Leafwell,” “we,” “us,” or “our”) and its Telepharmacist Service (“Services”). By purchasing or using the Services, you agree to be bound by these Terms and to comply with all applicable laws and regulations.

  1. Service Overview. Leafwell offers one-on-one sessions delivered by licensed and trained cannabis professionals operating within the bounds of their respective credentials. Only licensed pharmacists will provide pharmacological guidance related to cannabis use. Other professionals may support general educational dialogue, but they do not and will not provide clinical advice, dosing instructions, or drug interaction assessments. These Services are designed to provide consumers (“you,” “your,” or “End-User”) with personalized insights and recommendations related to cannabis care, including product selection, cannabinoid profiles, and consumption methods. All guidance is educational in nature and does not constitute medical advice, diagnosis, treatment, or prescribing. You are advised to consult a licensed medical provider for any clinical needs.
  2. Eligibility. You must be at least 18 years of age, or the age of majority in your jurisdiction, and legally permitted to access and use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements. You understand and acknowledge that Leafwell’s Services are strictly educational and informational in nature. Pharmacist-delivered guidance shall not be construed as clinical care or medical advice. Leafwell may implement in-session verbal disclaimers to reinforce this distinction at the start of any consultation.
  3. Scope of Services. Services are delivered via Leafwell’s secure, privacy-protective digital platform. During each session, a qualified professional will provide tailored cannabis care recommendations based on your responses to intake questions and publicly available or Partner-provided product data. You acknowledge that any recommendations offered are based on current scientific literature, regulatory frameworks, and the available product data at the time of consultation. Recommendations are not intended to substitute for professional healthcare judgment or regulatory compliance requirements in your state.
  4. Payment & Refund Policy. Each consultation must be prepaid in full at the time of booking. All sales are final. No refunds will be issued unless (i) Leafwell cancels the appointment, (ii) technical issues prevent the consultation from occurring and are not resolved within forty-eight (48) hours of scheduled time, or (iii) for user error or your failure to attend a scheduled consultation. Leafwell reserves the right to offer rescheduling options in good faith but does not guarantee availability of the same consultant.
  5. Data Privacy. All information shared by you during your consultation is handled in accordance with Leafwell’s Privacy Policy and applicable state and federal data privacy laws. While Leafwell is not a “covered entity” under the Health Insurance Portability and Accountability Act (HIPAA), we may be considered a “business associate” in certain instances where we provide Services on behalf of or at the direction of a third-party healthcare organization or facility (the “Covered Entity”). In such cases, Leafwell processes protected health information (PHI) under the terms of a Business Associate Agreement (BAA), and does not act as a data controller or primary decision-maker. Questions related to the use or processing of PHI in these scenarios should be directed to the Covered Entity. Where applicable, Leafwell adheres to best practices designed to support compliance with HIPAA’s Privacy Rule, Security Rule, and Breach Notification Rule. Leafwell also ensures that all communication involving PHI is conducted over encrypted, secure channels and avoids using unsecured formats (e.g., standard SMS or unencrypted email). Personal health data will not be shared with third parties without your explicit consent. You acknowledge that although Leafwell implements administrative, technical, and physical safeguards, no digital platform can guarantee absolute data security
  6. Intellectual Property. All content, workflows, scripts, templates, and educational materials shared as part of the Services are proprietary to Leafwell and protected under intellectual property laws. You may not reproduce, distribute, or publicly display any part of the Services without prior written consent.
  7. Disclaimers & Limitation of Liability. The Services are provided on an “as-is” and “as-available” basis. Leafwell disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, or the efficacy of any recommended products. Leafwell does not provide emergency medical care or urgent care services. If you are experiencing a medical emergency, call 911 or seek immediate medical attention. Cannabis use may involve health risks, including potential drug interactions, psychoactive effects, and impairment. You should consult with a qualified healthcare provider before beginning or modifying any medical regimen or introducing cannabis as part of your health care routine. Leafwell does not guarantee any specific outcome from cannabis use. Under no circumstances shall Leafwell’s total liability exceed the amount paid by you in the prior twelve (12) months for the Services giving rise to the claim.
  8. User Conduct. You agree to use the Services only for lawful, legitimate, and authorized purposes. In connection with your access to and use of the Telepharmacist Service, you agree that you shall not, engage in any abusive, harassing, threatening, discriminatory, or otherwise inappropriate conduct toward Leafwell personnel, consultants, or other users; use the Services to impersonate any individual or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; attempt to gain unauthorized access to any portion of the Services or to any other systems or networks connected to the Services; interfere with, disrupt, or create an undue burden on the infrastructure supporting the Services, including through the use of viruses, bots, or other automated mechanisms; share, distribute, or reuse any consultation content in a manner that violates Leafwell’s intellectual property rights or patient privacy protections; engage in any fraudulent, deceptive, or unlawful activity in connection with your use of the Services, including misrepresenting your health status or identity; or use the Services in violation of any applicable law, regulation, or Leafwell policy. Leafwell reserves the right to immediately terminate or suspend your access to the Services, without notice or refund, if we reasonably believe that you have violated this Section or any other provision of these Terms.
  9. Governing Law: These Terms shall be governed by the laws of the State of Delaware, without regard to its conflicts of law principles. You and Leafwell hereby irrevocably consent to personal jurisdiction in the federal and state courts located in the state of Delaware and irrevocably waives, in connection with any such action or proceeding, any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction.
  10. Dispute Resolution: Any disputes shall be resolved exclusively by arbitration in accordance with the Delaware Rapid Arbitration Act (“DRAA”). Hearings will be conducted via secure video unless the parties agree otherwise. The parties agree that the use of videoconferencing technology shall not serve as a basis for any objection or challenge to the award in any action in a state or federal court of competent jurisdiction. The arbitration will be administered pursuant to the Delaware Rapid Arbitration Act (the “DRAA”) and conducted before a single arbitrator pursuant to its applicable rules, available at Delaware Corporate Law – Delaware’s Options for Alternative Dispute Resolution. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award.
  11. Amendments and Severability. Leafwell reserves the right to modify these Terms at any time. Changes become effective upon posting to our website. Continued use of the Services constitutes acceptance of such changes. If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.
  12. Force Majeure. Leafwell shall not be liable for any delay or failure in performance under these Terms, or for any interruption of services rendered hereunder, which result directly or indirectly from acts of God, civil or military authority, act of public enemies, war, accidents, fires, explosions, earthquakes, floods, the elements or any other similar cause beyond the reasonable control of Leafwell, provided that, in order to be excused from delay or failure to perform, Leafwell must act diligently to remedy such delay or failure. In the event such delay continues for five (5) or more consecutive days, then you shall have the right to terminate these Terms upon notice to Leafwell.

Contact Information. For questions regarding these Terms or the Services, please contact us at: support@leafwell.com.