These Marketing Communications Consent & SMS/Email Program Terms (the "Marketing Terms") describe the terms on which Bon Health Corporation, a Delaware corporation ("Bon Health," "we," "us," or "our"), sends marketing, promotional, and informational communications by text message (SMS/MMS) and email, and the consent you provide to receive them. These Marketing Terms govern your enrollment in and use of any Bon Health text-message program (the "SMS Program") and any Bon Health marketing email program (together with the SMS Program, the "Marketing Programs").
By providing your mobile telephone number or email address and affirmatively opting in to receive marketing communications from Bon Health — including by checking a consent box, entering your information into a sign-up form, or texting a keyword to a Bon Health number — you agree to these Marketing Terms. These Marketing Terms are incorporated by reference into, and form part of, our Terms of Service, and are subject to our Privacy Policy and Medical Disclaimer. Capitalized terms not defined here have the meanings given in our Terms of Service, Privacy Policy, or Medical Disclaimer.
PLEASE READ THESE MARKETING TERMS CAREFULLY. THEY DESCRIBE HOW YOU CONSENT TO RECEIVE AUTOMATED MARKETING TEXT MESSAGES AND EMAILS, HOW YOU CAN STOP RECEIVING THEM, AND IMPORTANT LIMITATIONS ON OUR COMMUNICATIONS. SECTION 14 CONTAINS A BINDING ARBITRATION PROVISION AND CLASS-ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.
1. What Bon Health Is — and What These Marketing Terms Cover
Bon Health operates bonhealth.io (the "Site"), a marketing and informational surface. Bon Health is not a healthcare provider, does not practice medicine, and does not provide clinical services. Clinical consultations, prescriptions, and treatment are offered, if at all, solely by the independently owned and operated Medical Groups, Providers, Pharmacies, and Labs that make up the Partner Platform, as described in our Terms of Service and Medical Disclaimer.
These Marketing Terms apply only to marketing, promotional, and informational communications sent by Bon Health. They do not apply to communications sent by the Partner Platform or by any Medical Group, Provider, Pharmacy, or Lab, each of which maintains its own communications practices, consents, and terms. If you receive clinical, treatment-related, appointment, prescription, billing, or other communications from the Partner Platform, those communications are governed by the Partner Platform's own terms and consents, not by these Marketing Terms.
2. The Communications You Are Consenting To Receive
When you opt in, you consent to receive recurring marketing and informational communications from Bon Health, which may include:
- Announcements regarding new products, services, treatment categories, or therapy areas that Bon Health or the Partner Platform expects to make available;
- Notifications that a program or therapy area in which you have expressed interest has launched or become available in your area;
- Newsletters, educational content, wellness information, and editorial content;
- Promotional offers, discounts, and related campaign messaging; and
- Invitations to provide feedback, participate in surveys, or submit reviews or testimonials.
You may receive these communications by email, by text message, or by both, depending on the contact information you provide and the programs for which you opt in.
The communications described above are marketing communications. They are not medical advice, are not individualized to your health or medical circumstances, and do not establish any provider-patient or treatment relationship. See Section 8 below.
3. Interest-Based Communications; No Use of Health Information for Targeting
Bon Health's Marketing Programs are interest-based. If you tell us you are interested in a particular treatment category or therapy area — for example, by selecting it on a sign-up form or asking to be notified when it launches — we may use that stated interest to send you relevant marketing communications about that category.
Bon Health does not use your protected health information ("PHI"), medical records, diagnoses, lab results, prescription history, or clinical intake information to target, personalize, or deliver marketing communications to you. Bon Health does not condition any marketing communication on your having undergone a medical evaluation, completed a clinical questionnaire, or received any treatment. The Site is not designed to collect health information from you, and you should not submit health, medical, mental-health, substance-use, reproductive, genetic, or biometric information to Bon Health. See our Privacy Policy, Sections 1 and 2.
To the extent any communication would involve the use or disclosure of PHI for marketing purposes within the meaning of HIPAA, Bon Health will not send that communication unless and until a separate, HIPAA-compliant marketing authorization has been obtained from you by the appropriate party. These Marketing Terms are not, and do not serve as, a HIPAA marketing authorization.
4. Express Consent to Automated Text Messages (SMS Program)
4.1 Your Consent
By providing your mobile telephone number to Bon Health and affirmatively opting in to the SMS Program, you expressly consent to receive recurring automated marketing and informational text messages (SMS and/or MMS) from Bon Health, or from third parties acting on Bon Health's behalf, at the mobile number you provided. You acknowledge and agree that these text messages may be sent using an automatic telephone dialing system or other automated technology, and that your consent covers messages sent by such technology.
4.2 Consent Is Not a Condition of Purchase
Your consent to receive marketing text messages is not a condition of purchasing any goods or services, or of receiving any service from Bon Health or the Partner Platform. You do not have to join the SMS Program to use the Site or to engage with the Partner Platform.
4.3 You Confirm You Are Authorized
By opting in, you represent and warrant that (a) you are at least 18 years of age; (b) you are the subscriber to, or the customary user of, the mobile number you provided, and you are authorized to enroll that number in the SMS Program; and (c) you will notify Bon Health if you relinquish or change that mobile number. You agree not to enroll any mobile number that is not your own.
4.4 Message Frequency
Message frequency varies and depends on your interactions with Bon Health and the programs for which you opt in. Bon Health does not guarantee any particular number of messages.
4.5 Message and Data Rates
Message and data rates may apply to each message sent or received in connection with the SMS Program, as determined by your wireless carrier and your mobile plan. You are solely responsible for any such charges. Please contact your wireless carrier for details about your plan.
4.6 Supported Carriers
The SMS Program may be available through major U.S. wireless carriers and certain other carriers. Wireless carriers are not liable for delayed or undelivered messages. Bon Health does not guarantee that messages will be delivered, and delivery is subject to effective transmission by your wireless carrier and other factors outside Bon Health's control.
5. How to Opt Out of Text Messages
You may opt out of the SMS Program at any time and at no cost.
5.1 Reply STOP
To stop receiving text messages, reply STOP (or any of CANCEL, END, QUIT, UNSUBSCRIBE, or STOPALL) to any text message you receive from Bon Health. After you send one of these keywords, Bon Health may send you one final message confirming that you have been unsubscribed. After that confirmation message, Bon Health will not send you further marketing text messages unless you opt in again.
5.2 Other Reasonable Methods
You may also revoke your consent to receive text messages by any other reasonable method, including by emailing contact@bonhealth.io with a request to opt out and identifying the mobile number to be removed. We will honor any reasonable opt-out request. We process opt-out requests promptly and, in any event, within the time required by applicable law.
5.3 Effect of Opting Out
Opting out of the SMS Program stops marketing text messages from Bon Health. It does not opt you out of marketing emails (see Section 6), and it does not affect any communications from the Partner Platform. If you have separately provided your number to the Partner Platform, you must contact the Partner Platform directly to manage those communications.
6. Email Marketing Communications
6.1 Your Consent
By providing your email address and opting in, you consent to receive marketing and informational emails from Bon Health of the types described in Section 2.
6.2 How to Unsubscribe
You may unsubscribe from marketing emails at any time by clicking the "unsubscribe" link included at the bottom of every marketing email, by adjusting your communication preferences where that option is made available, or by emailing contact@bonhealth.io. We will process unsubscribe requests promptly and within the time required by applicable law. Once you unsubscribe, you may continue to receive non-marketing communications as described in Section 7.
6.3 CAN-SPAM
Bon Health's marketing emails are sent in accordance with the federal CAN-SPAM Act of 2003. Each marketing email identifies Bon Health as the sender, includes a valid physical postal address, and provides a functioning unsubscribe mechanism.
7. Transactional and Service Communications Are Not Affected
Opting out of, or unsubscribing from, the Marketing Programs stops marketing communications only. Bon Health may still send you non-marketing communications that are necessary to operate our business or that you have specifically requested, including, for example: replies to inquiries you submit to us; confirmations and receipts; communications about a request, account, or transaction; security, fraud-prevention, and integrity notices; legally required notices; and communications about changes to our Terms of Service, Privacy Policy, or these Marketing Terms. These transactional and service communications are not marketing communications and are not subject to the opt-out and unsubscribe mechanisms described above.
8. HELP and Customer Support
For help with the SMS Program, reply HELP to any text message you receive from Bon Health, or email contact@bonhealth.io. Replying HELP will return a message identifying Bon Health and providing a means of contacting us for support. For all other questions, contact us at contact@bonhealth.io.
9. No Medical Advice; Informational Only
Marketing and informational communications from Bon Health are provided for general informational and educational purposes only. They are not, and are not a substitute for, professional medical advice, diagnosis, or treatment. Nothing in any communication from Bon Health creates a physician-patient, provider-patient, pharmacist-patient, or other healthcare or treatment relationship between you and Bon Health.
Do not rely on any marketing or informational communication for medical decision-making. Always seek the advice of a licensed healthcare professional with any questions regarding a medical condition, symptom, medication, or treatment. Never disregard or delay seeking professional medical advice because of something contained in a Bon Health communication. Do not use text message, email, or any other communication channel with Bon Health to seek help for an urgent or emergency medical issue. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY. These communication channels are not monitored for emergencies and are not reviewed in real time. Additional terms regarding medical information are set out in our Medical Disclaimer, which is incorporated here by reference.
References in any communication to prescription medications, compounded medications, therapeutic classes, or specific molecules are informational only and are not a recommendation, endorsement, prescription, offer, or promise of any medication or outcome. Individual results vary, and no specific outcome is promised or implied. See our Medical Disclaimer, Sections 5 and 6.
10. Eligibility
The Marketing Programs are intended for, and available only to, individuals located in the United States who are at least 18 years of age. The Marketing Programs are not directed to children, and Bon Health does not knowingly enroll any individual under 18 in any Marketing Program or knowingly send marketing communications to any individual under 18. If you believe an individual under 18 has been enrolled, please contact us at contact@bonhealth.io and we will take appropriate steps to remove that individual.
11. Your Information; Privacy
Information you provide in connection with the Marketing Programs — including your name, mobile telephone number, email address, stated interests, and your interactions with our communications — is collected, used, and disclosed in accordance with our Privacy Policy, which is incorporated here by reference. Among other things, our Privacy Policy describes the categories of information we collect, how we use it, how we share it with service providers and partners, the choices available to you, and the privacy rights you may have under applicable state, federal, and international law, including rights to opt out of certain advertising and data-sharing activity.
Bon Health does not sell your mobile telephone number or rent it to third parties for their own marketing purposes. Mobile information, including your mobile telephone number and consent to receive text messages, is not shared with third parties or affiliates for their own marketing or promotional purposes. We may share such information with service providers and vendors who act on our behalf to operate and deliver the Marketing Programs (for example, message-delivery and email-delivery vendors), in each case subject to contractual obligations consistent with our Privacy Policy.
12. Changes to Your Mobile Number or Email Address
You agree to notify Bon Health promptly if you change or deactivate the mobile number or email address you provided, including by opting out as described above. If you give up a mobile number, the number may be reassigned to another person, and you agree that Bon Health is not responsible for messages sent to a number you no longer control where you did not notify us of the change.
13. Changes to the Marketing Programs and These Terms
Bon Health may modify, suspend, or terminate any Marketing Program, in whole or in part, at any time, with or without notice. Bon Health may also update these Marketing Terms from time to time. When we do, we will revise the "Last updated" date above and, if the changes are material, we will provide additional notice as required by applicable law (such as by email or by a notice on the Site). Your continued participation in a Marketing Program after the effective date of any revised Marketing Terms constitutes your acceptance of the changes. If you do not agree to the revised Marketing Terms, you must opt out as described in Sections 5 and 6.
14. Dispute Resolution; Arbitration; Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, claim, or controversy arising out of or relating to these Marketing Terms or the Marketing Programs — including, without limitation, any claim arising under the Telephone Consumer Protection Act, the CAN-SPAM Act, or any other federal or state statute, regulation, or common-law theory relating to text messages or email — shall be resolved in accordance with the dispute-resolution, binding-arbitration, and class-action-waiver provisions set out in our Terms of Service, which are incorporated here by reference. To the extent those provisions permit you to opt out of arbitration, you may do so in the manner and within the time period described in the Terms of Service. In the event of any conflict between this Section and the Terms of Service, the Terms of Service control with respect to dispute resolution.
15. Limitation of Liability
To the fullest extent permitted by applicable law, the Bon Health Parties (as defined in our Terms of Service) shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss arising out of or relating to the Marketing Programs, including any delayed, undelivered, or misdirected message, any charges imposed by your wireless carrier, or any act or omission of a wireless carrier or message-delivery vendor. Additional limitations on liability, and the disclaimers of warranties, set out in our Terms of Service and Medical Disclaimer apply to the Marketing Programs and are incorporated here by reference.
16. Relationship to Other Terms
These Marketing Terms supplement, and are incorporated into, our Terms of Service, and are subject to our Privacy Policy and Medical Disclaimer. In the event of a conflict between these Marketing Terms and the Terms of Service with respect to the specific subject matter of marketing communications, SMS, or email, these Marketing Terms control; the dispute-resolution provisions referenced in Section 14, and all other matters, are governed by the Terms of Service.
17. Contact Us
If you have questions about these Marketing Terms or the Marketing Programs, or to exercise any choice described here, please contact us at:
Bon Health Corporation Attn: Marketing Communications Email: contact@bonhealth.io
By providing your mobile telephone number or email address and opting in to receive marketing communications, you acknowledge that you have read, understood, and agreed to these Marketing Communications Consent & SMS/Email Program Terms.
ANNEX A — SHORT-FORM CONSENT LANGUAGE FOR SIGN-UP AND CHECKOUT
The following is reference language for the point-of-collection consent on sign-up forms, checkout pages, and similar surfaces. It is provided as part of this document for implementation reference. The SMS consent checkbox must be unchecked by default, must be separate from any other consent or agreement (it may not be bundled with acceptance of the Terms of Service or Privacy Policy), and must not be a condition of any purchase.
SMS consent checkbox (unchecked by default):
"I agree to receive recurring automated marketing and informational text messages (e.g., program launch alerts and offers) from Bon Health at the mobile number provided. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to cancel or HELP for help. See our SMS/Email Program Terms and Privacy Policy."
Email consent (checkbox or clearly disclosed at point of collection):
"I agree to receive marketing emails from Bon Health, including newsletters, program announcements, and offers. You can unsubscribe at any time using the link in any email. See our SMS/Email Program Terms and Privacy Policy."
Keyword opt-in confirmation message (first SMS after opt-in):
"Bon Health: You're subscribed to recurring automated marketing msgs. Msg frequency varies. Msg&data rates may apply. Reply HELP for help, STOP to cancel."
HELP response message:
"Bon Health marketing messages. For support, email contact@bonhealth.io or visit bonhealth.io. Reply STOP to unsubscribe. Msg&data rates may apply."
STOP confirmation message:
"Bon Health: You have been unsubscribed and will receive no further marketing text messages. Reply START to rejoin."
These items must be kept consistent with the program details registered with messaging carriers and aggregators (10DLC/campaign registration). If the program's described use case, message types, or opt-in method change, both this document and the registered campaign must be updated.