Terms of Use

Date of Last Revision: 3/15/2025

SOMI HEALTH SERVICES FACILITATE COORDINATION AND COMMUNICATION WITH HEALTH CARE PROVIDERS BUT DO NOT SUBSTITUTE THE RELATIONSHIP WITH ANY PHYSICIAN. THESE SERVICES MAY NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IN CASE OF A MEDICAL EMERGENCY, CONTACT YOUR DOCTOR OR DIAL 911 IMMEDIATELY.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY OUTLINE THE IMPORTANT TERMS REGARDING THE SERVICES PROVIDED BY SOMI HEALTH. BY ACCESSING OR USING THE SITES OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SITES OR ANY SERVICES PROVIDED THROUGH THE SITES. THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

Introduction

Somi Health LLC and its affiliates (collectively, “Somi”, “we”, “us”, or “our”) own and operate the website located at www.joinsomi.com, and any linked websites and affiliated mobile applications (collectively, the “Sites”). The Sites facilitate the provision of Services to registered users. The “Services” may include:

(i) providing individuals with information on weight loss, health care and wellness (“Content”);

(ii) providing access to licensed healthcare providers and pharmacy services focused on weight loss;

(iii) developing and retaining health care records and information for use in healthcare appointments, communications, and pharmacy services;

(iv) administrative support for scheduling and payment for health care and pharmacy services;

(v) telecommunications support for using the Services to access health care providers for communication, consultations, assessments, and treatment.

These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities regarding the Somi Health Sites that may be used to receive Services. Your access to and use of the Sites is subject to these Terms of Use, our Privacy Policy, and all applicable laws and regulations. The terms “you” and “yours” refer to the person using the Services. Even if you arrive at the Sites through a third-party site, these Terms of Use apply to you and Somi Health LLC. If you do not accept and agree to be bound by these Terms of Use, you are not authorized to access or use the Sites, Services, or any information or Content provided through them. Somi Health reserves the right to review or amend these Terms of Use at any time without prior notice. Check the Terms of Use periodically when using the Sites or Services to see if there have been changes. Any changes are effective upon posting to the Sites. New Content added to the Services is also subject to these Terms of Use upon posting. If you disagree with these Terms of Use, your sole remedy is to discontinue using the Sites and Services. Continued use after changes are posted constitutes acceptance of those changes.

Somi Health does not provide medical services.

Somi Health does not provide medical services directly through the Sites and Services. Instead, Somi Health provides a technology platform for accessing health care providers employed by or contracted with Somi Health LLC or affiliated entities, offering additional information for planning health care and wellness. The health and wellness resources are not a substitute for direct, in-person health care services in every case. Decisions about diagnosis and treatment recommendations are made between you and the health care provider. Providers from Somi Health are not acting as primary care providers or physicians and offer limited scope medical services focused on weight loss.

By accepting the Terms of Use, you consent to receiving disclosures, notices, messages, reports, and other communications from Somi Health and its affiliates or health care providers. It is your responsibility to monitor these communications. You agree not to hold Somi Health or its affiliates liable for any loss, injury, or claim resulting from failing to read these communications or comply with treatment recommendations contained within.

Availability of Services

Certain Services are available only to individuals located in specific states.

Eligibility

To qualify to use the Services, the following must be true:

•         You are 18 years of age or older.
•         You are located in a state where we operate (depending on the type of Services).
•         You agree to be legally bound by these Terms of Use.

Meeting these requirements does not guarantee receipt of Services. Somi Health and affiliated entities reserve the right to change or include new criteria. Somi Health and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

Requirements for use

Access to the Sites requires compatible computing or mobile devices, Internet access, and necessary software. Fees and charges may apply for mobile services and Internet usage.

Special consent to telehealth services

Medical services provided through Somi Health’s platform are delivered virtually via telehealth. Users must agree to a separate telehealth consent to receive these services. Telehealth involves health care services using electronic communications, information technology, or other means between a health care provider and a patient in different locations. Telehealth can be used for diagnosis, treatment, follow-up, and patient education, including:

•         Electronic transmission of medical records, images, personal health information, or other data between a patient and health care provider.
•         Interactions via audio, video, and/or data communications.
•         Use of data from medical devices, sound, and video files.

The Services’ electronic systems incorporate network and software security protocols to protect the privacy and security of health information and imaging data, ensuring its integrity against corruption.

Please review our Consent to Telehealth for a description of telehealth risks and benefits. The Consent to Telehealth is part of these Terms of Use by reference. Health care providers consulting through the Services may lack information obtained from in-person examinations. Therefore, they may not be aware of facts affecting their opinion on diagnosis or treatment recommendations. Somi Health urges you to provide all relevant information and discuss diagnosis and treatment options with a local provider. Additionally, state law may limit providers from prescribing certain medications without an in-person examination. By using the Services, you acknowledge these limitations and assume their risks. You agree that: (i) any diagnosis may be limited or provisional; (ii) health care services may not replace full medical evaluations or in-person visits; (iii) providers may lack important information usually obtained through physical examination; and (iv) absence of physical examination may impact providers’ diagnostic ability.

Privacy Policy

Somi Health values confidentiality and privacy regarding your health information. See: (1) our Privacy Policy on the Site for how we collect and use personal information, and (2) the Professionals Notice of Privacy Practices for affiliated entities on the Somi Health Privacy Policy document. Both are part of these Terms of Use by reference.

Semaglutide and Tirzepatide Health Program Terms and Conditions

This section outlines additional terms and conditions for participating in weight loss monthly services (“the Program”) offered through Somi Health. The Program provides access to weight loss management using semaglutide and tirzepatide medications. The Program offers monthly, bimonthly, or quarterly service for eligible patients to obtain limited medical care via telehealth, including medication refills, pharmacy services, and secure messaging with affiliated providers. The Program is not health insurance, does not meet health insurance mandates, and cannot replace in-person provider relationships. Maintain existing health insurance coverage while participating in the Program or obtain coverage if needed.

Each monthly service includes:

•         30-day medication refill as determined by the patient’s affiliated healthcare provider.
•         Secure messaging with your affiliated healthcare provider.
•         Fulfillment of prescription medication with free two to five-day shipping.

Onboarding and Diagnosis

To participate in the Program, you must be evaluated by a licensed medical provider on Somi Health’s platform and meet clinical criteria. Complete an initial onboarding telehealth assessment (the “INTAKE FORM”) for review by a Somi Health provider. If deemed suitable for treatment, the provider may initiate treatment by prescribing medication. Participation begins when your provider communicates your care plan, risks, and benefits, and you acknowledge and elect to proceed with the Program. Additional services requested by you or your provider, such as medical consults or tests, are your responsibility to complete beyond Somi Health’s offerings.

Pharmacy Services

By receiving a prescription through our Services, you may select one of our partner pharmacies (collectively referred to as the “Somi Health Pharmacy Network”) for shipping. You consent to the sharing of relevant information, including healthcare records and personal details (such as your name, location, and demographic data), with the Somi Health Pharmacy Network to facilitate pharmacy services.

Packaging and Fulfillment Restrictions

By choosing the Somi Health Pharmacy Network for fulfilling prescriptions provided through the Services, you acknowledge that approved medications will not be shipped in child-resistant packaging. Therefore, it is your responsibility to ensure these medications are kept out of children’s reach.

No Refund Policy

We regret to inform you that returns of prescription products for reuse or resale are not accepted; hence all sales are final. However, if you believe there has been an error in filling your prescription, please contact us at [email protected].

Payment

At present, Somi Health, LLC does not accept insurance. Our weight loss service operates on a self-pay basis.

Same-day Payment

Self-pay patients are required to pay all incurred costs in full on the day of each visit. These costs may include visit fees, additional services, and medication. Payment plans are available.

Self-Pay Patients

Definition: If you do not have insurance or if your insurance does not cover the visit and no deductible applies, you will be considered a SELF-PAY patient.

Returned Check: A fee of $20.00 applies to any check returned by the bank.

Past Due Accounts: If your account becomes overdue, necessary steps will be taken to collect the debt. Accounts past due for over 150 days will be referred to a collection agency, incurring additional charges. Failure to receive payment will affect your credit report. If legal action is required, you agree to pay all associated legal fees and court costs.

Refunds

Policy: No refunds, credits, or exchanges are allowed on dispensed, mixed, or purchased medications. Once medications leave the pharmacy, their integrity cannot be guaranteed. To ensure patient health and safety, medications cannot be returned, refunded, credited, or exchanged under any circumstances. All sales are final.

No Insurance

You understand and agree that affiliated professional entities, healthcare professionals practicing on the Somi Health platform, and pharmacies within the Somi Health Pharmacy Network will not bill your health insurance plan for healthcare and pharmacy services received through the Program. Such services and products are not eligible for reimbursement. You are responsible for all fees in accordance with the “Payment” and “Special Notice to Medicare and Medicaid Beneficiaries” sections below.

Special Notice to Medicare and Medicaid Beneficiaries

Federal and state healthcare programs, such as Medicare and Medicaid, do not cover all healthcare costs, including some services and products deemed necessary by you or your provider. These programs currently do not cover medical services or products offered through telemedicine and bundled treatments by affiliated healthcare organizations or providers. By using the Services, you acknowledge and agree that: (1) you will pay directly for any medical services and products provided to you, and (2) neither Somi Health nor any affiliated healthcare organization or provider will bill federal or state healthcare programs for these services or products.

Shipping Policy

All orders are processed within 2-5 business days. The average shipping period is 6-14 business days. Orders are not shipped or delivered on weekends or holidays. High order volumes or holidays may cause delays. Please allow additional transit days for delivery. We will contact you via email or telephone if there is a significant delay in your shipment.

Shipment Confirmation & Order Tracking

You will receive a Shipment Confirmation email once your order has been dispatched, containing your tracking number(s). The tracking number will become active within 24 hours.

International Shipping Policy

We currently do not offer shipping outside the United States.

Customs, Duties, and Taxes

Somi Health is not responsible for any customs or taxes applied to your order. All fees incurred during or after shipping are the responsibility of the customer (e.g., tariffs, taxes).

Damage During Shipping

Somi Health is not liable for any products damaged or lost during shipping. If you receive a damaged order, please contact the shipment carrier to file a claim. Ensure that you retain all packaging materials and damaged goods before filing a claim.

No Representation, Warranty, or Guarantee of Continued Availability of the Program

NEITHER SOMI HEALTH NOR AFFILIATED PROFESSIONAL ENTITIES MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE CONTINUED AVAILABILITY OF THE PROGRAM. THE PROGRAM MAY BE DISCONTINUED AT ANY TIME SOLELY AT THE DISCRETION OF SOMI HEALTH OR THE AFFILIATED PROFESSIONAL ENTITIES. YOU WILL BE GIVEN 30 DAYS’ NOTICE OF ANY SUCH DISCONTINUATION SO THAT YOU CAN FIND A LOCAL PROVIDER TO CONTINUE TREATMENT.

Communications by Text Message and Email

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

With your SMS Enrollment, you represent and understand that: (1) you are the owner or authorized user of the mobile device used for initiating the SMS Enrollment, (2) you are authorized to approve any applicable charges related to the text messages sent to and received from Somi Health, (3) you will be responsible for all messaging and data charges that may apply for text messages sent to you from Somi Health or from Somi Health to you, and (4) neither Somi Health nor your or Somi Health’s mobile carriers will be liable for delayed or undelivered messages.

Please note that access to the Services and Sites is not conditioned upon your consent to receive marketing or promotional text messages from Somi Health, and you can opt out of any of Somi Health’s SMS services at any time by texting “STOP” in response to the received message. After sending “STOP”, we may send one final text message to confirm your unsubscription. If you have opted in to receive multiple types of text messages from Somi Health, you need to opt out of each service individually. Until you do so, you may continue to receive the types of text messages from Somi Health that you have opted in for but have not unsubscribed from.

You also acknowledge that while Somi Health takes your privacy and security seriously, transmission of information over the internet and mobile networks is not entirely secure. Text messages and emails exchanged with Somi Health are not encrypted and may potentially be intercepted by third parties. By initiating an SMS Enrollment or emailing Somi Health, you consent to the transmission of unencrypted messages containing sensitive information at your own risk.

If you encounter issues with Somi Health’s text messaging or email services, or if you have concerns about sending or receiving sensitive information via text or email, please contact us directly at [email protected]. For questions specific to your text or data plan, please consult your wireless provider.

Registration

Although certain parts of the Sites are accessible to all individuals, registration with Somi Health is required to access the Services. Services are only available to users who have registered by completing the intake form or questionnaire. As a Secure User, you agree to provide accurate and complete information and to maintain and update it as needed. Failure to do so, or if Somi Health suspects inaccuracies, may result in suspension or termination of your account and access to the Services. Somi Health disclaims liability for any losses and damages arising from non-compliance with this section. You acknowledge that: (1) parts of the Sites may not be accessible at any time or for any reason, and (2) Somi Health cannot be held liable for any period during which the Sites are unavailable.

Access Rights and Prohibited Use

Subject to compliance with these Terms of Use, we grant you a personal, limited, revocable, non-exclusive, non-transferable right to view, download, access, and use the Sites in the United States and to use the Services solely for personal and non-commercial purposes as permitted under these Terms of Use, the Consent to Telehealth, and the Privacy Policy. No other rights are transferred, and all rights not expressly granted are reserved by Somi Health or its licensors. We reserve the right to deny or suspend access to the Sites or Services at our sole discretion. You agree not to: (a) impersonate any person or entity or misrepresent affiliation; (b) use the Sites or Services to violate any laws; (c) reverse engineer, disassemble, decompile, or translate any software components; (d) propagate harmful computer codes; (e) infringe on intellectual property rights; (f) commercially exploit the Sites or Services; (g) create competing products or services; (h) take actions that impair the Sites; (i) attempt unauthorized access; (j) circumvent security measures; (k) remove or obscure legal notices; (l) monitor or copy content for unauthorized purposes; (m) reproduce or distribute content without authorization; (n) exceed the granted scope of use; or (o) enable others to perform prohibited actions.

Ownership of Information Submitted via the Site

Except for personal data maintained in accordance with our Privacy Policy, any information submitted to Somi Health through the Sites or Services becomes the property of Somi Health and may be used for any purpose, including reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. Personal data may be used, copied, and displayed by Somi Health and shared with service providers and affiliated entities for various purposes, including research, analyses, and development of new features. Submitting information grants Somi Health and its affiliates the transferable and sublicensable right to use, reproduce, modify, perform, display, distribute, and disclose such information in connection with providing services, conducting research, and improving products and services.

Ownership of Site Content

Somi Health is the sole and exclusive owner of all rights, title, and interest in the Sites and their content, features, and functionality (including all information, software, text, displays, images, video, audio, design, selection, arrangement, and overall presentation), other Content, and all associated intellectual property rights. Trustees must manage the trust for the benefit of the equitable owners. They are required to provide a regular accounting of trust income and expenditures. Trustees may be compensated and reimbursed for their expenses. A court can remove a trustee for breaching fiduciary duties, which can sometimes result in criminal charges. Trustees can be natural persons, business entities, or public bodies. Trusts in the United States may be subject to federal and state taxation.

A trust is created by a settlor who transfers title to property to a trustee, who holds it for the beneficiaries’ benefit. The trust is governed by its creation terms, requiring a contractual agreement or deed in most jurisdictions. One individual may assume multiple roles, and multiple individuals may share one role, such as in a living trust where the grantor may be both a trustee and a lifetime beneficiary while naming other contingent beneficiaries.

Digital Millennium Copyright Act

Somi Health reserves the right to remove any content or material available on or through our Sites at any time, for any reason. Somi Health 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.

Notification of Claimed Copyright Infringement: If you object to copyrighted content or material available on or through our Sites, you may submit a notification to our Designated Agent at: [email protected]. Notifications under 17 U.S.C. § 512(c) alleging copyright infringement must include:

•         An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
•         Identification of the copyrighted work or intellectual property claimed to be infringed, or a representative list if multiple works are covered;
•         Identification of the infringing content or material and details of its location on our Sites;
•         Information sufficient for Somi Health to contact you, such as your address, telephone number, and email address;
•         A statement that you have a good-faith belief the use of the content or material is not authorized by the copyright owner, their agent, or applicable law; and
•         A signed statement that the above information is accurate, and under penalty of perjury, you are the copyright owner or authorized to act on their behalf.

Trademarks

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

Links to Third-Party Hyperlinks and Websites

The Sites may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. As these Linked Sites are outside our control, we are not responsible for their information, products, services, or content, including any links contained within them or any changes or updates they undergo. Linked Sites are provided solely for convenience, and their inclusion does not imply endorsement or association with their operators. Your use of Linked Sites is at your own risk.

Termination

These Terms of Use remain effective as long as you access or use the Sites or Services. You may terminate them by discontinuing use of the Sites. Somi Health may terminate or suspend any granted rights and your access to the Sites or Services with or without notice, for any reason, at any time. Provisions surviving expiration or termination include Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, Arbitration, Venue, Severability, No Waiver, and Assignment.

Subject to applicable law, Somi Health reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Sites per its internal policies. After termination, Somi Health has no obligation to provide Services, except to the extent an affiliated professional entity is required to provide access to health records or continuing care under legal, ethical, and professional obligations.

Disclaimer of Warranties

USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES AND ANY SERVICES ARE OFFERED “AS IS” AND “AS AVAILABLE”. SOMI HEALTH AND ITS AFFILIATES, INCLUDING ALL AFFILIATED PROFESSIONAL ENTITIES, AND THEIR OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (“RELATED PERSONS”) DISCLAIM ALL REPRESENTATIONS OR WARRANTIES REGARDING THE SITES AND SERVICES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, DATA ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING, SPEED OF DELIVERY, OR SYSTEM INTEGRATION.

NEITHER SOMI HEALTH NOR RELATED PERSONS ARE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE SITES. SOMI HEALTH DOES NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE OPERATION OF THE SITES OR SERVICES AND DISCLAIMS LIABILITY FOR RELATED ISSUES.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, SOMI HEALTH, ITS RELATED PERSONS, OR LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES UNDER ANY LEGAL THEORY, INCLUDING TORT, CONTRACT, WARRANTY, STATUTE, OR OTHERWISE. THIS INCLUDES INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, SUCH AS LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, PERSONAL INJURY, EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF ANY ACCESS OR USE (OR INABILITY TO USE) THE SITES OR SERVICES.

Indemnification

You agree to indemnify, defend, and hold harmless Somi Health, its affiliates, subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from any third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to your unauthorized use, fraud, violation of law, willful misconduct, or breach of these Terms of Use.

Modifications to the Sites

Somi Health reserves the right to modify or discontinue the Sites or Services, temporarily or permanently, with or without notice. Somi Health shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Sites or Services.

Governing Law; Dispute Resolution; Arbitration; Venue; Severability of Provisions

REVIEW THIS SECTION CAREFULLY. YOU AND SOMI HEALTH MUST SETTLE ALL DISPUTES THROUGH INDIVIDUAL ARBITRATION, LIMITING YOUR MEANS OF SEEKING RELIEF FROM SOMI HEALTH.

North Carolina state laws govern these Terms of Use and your use of the Sites. Disputes related to these Terms will be resolved via final and binding arbitration in North Carolina, following American Arbitration Association rules. Intellectual property claims or requests for performance and injunctive relief can be made in any competent court, but primarily in North Carolina.

All provisions are applicable to the maximum extent allowed by law. If any part is unenforceable, it will be replaced to closely match the intended meaning, as permitted by law. Invalidity of any part does not affect the remaining provisions. Section headings are for convenience only.

No Waiver

Somi Health’s failure to enforce any term in these Terms of Use does not waive that term or any rights under these Terms.

No Agency Relationship

These Terms do not create a partnership, joint venture, employment, or agency relationship between you and Somi Health. You cannot enter into contracts or bind us in any way.

Remedies

A breach or threatened breach by you is considered an unfair business practice causing harm to Somi Health. Monetary damages alone may not suffice, so injunctive or equitable relief may be sought alongside other legal remedies.

Assignment

You cannot assign your rights under these Terms. Somi Health and its affiliates may transfer their rights and obligations without additional consent if their business is merged or sold.

Contact:

For questions, contact [email protected].