Terms of Use

Effective Date: October 7, 2025

Welcome to Herbly. These Terms of Use ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or "User"), and Herbly, LLC. ("Herbly," “we,” “us,” or “our”), concerning your access to and use of the Herbly website, including any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”).

By accessing or using our Platform, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Platform and you must discontinue use immediately.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT DISCLAIMERS, A MANDATORY ARBITRATION PROVISION, AND A CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS.

1. Introduction & Acceptance of Terms

These Terms govern your use of the Herbly Platform. By creating an account, making a purchase, or otherwise using the Platform, you signify your acceptance of these Terms and our Privacy Policy, which is incorporated herein by reference. You agree that by accessing the Platform, you have read, understood, and agree to be bound by all of these Terms and Conditions. We grant you a limited, non-exclusive, non-transferable right to access the Platform for personal, non-commercial use, subject to your compliance with these Terms.

2. Description of Services

Herbly is a technology platform with two primary functions:

Telehealth Marketplace: The Platform serves as a marketplace to connect clients ("Clients" or "Patients") with independent, licensed practitioners of traditional East Asian medicine ("Practitioners") for the purpose of engaging in online telehealth consultations. Herbly acts as a technology facilitator and is not a party to the relationship or any agreement between a Client and a Practitioner. We do not employ Practitioners, and we do not provide medical services or advice.
E-commerce Store: The Platform operates an e-commerce store that sells herbal medicines, which are regulated as dietary supplements under the guidelines of the U.S. Food and Drug Administration (FDA), to the general public in the United States.

3. Important Disclaimers - No Medical Advice

HERBLY, LLC. DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

The content on the Platform, including text, graphics, images, and information, and the services provided through the Platform are for informational and transactional purposes only. The Platform is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Herbly Platform.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, DIAL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY.

All medical services are provided by the independent Practitioners. Herbly does not endorse, recommend, or assume any responsibility for any Practitioner, any medical advice or treatment they may provide, or any herbal supplements they may recommend.

4. Practitioner-Patient Relationship

Any consultation or interaction with a Practitioner through the Herbly Platform establishes a direct practitioner-patient relationship between you and that Practitioner. Herbly, LLC. is not a party to that relationship. Practitioners are solely responsible for the professional services they provide, including the appropriateness and quality of any advice, diagnosis, or treatment. You acknowledge that Practitioners are independent contractors and not employees or agents of Herbly, LLC.

5. Sale of Herbal Supplements & FDA Disclaimer

The Herbly e-commerce store offers herbal products for sale that are regulated as dietary supplements.

FDA Disclaimer: The statements made regarding these products have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease.

Information on the Platform is for educational purposes and is not meant to replace the advice of a physician or other healthcare provider. You should consult with a healthcare professional before starting any new diet, supplement, or treatment regimen, especially if you have pre-existing medical conditions or are taking prescribed medications. Herbly does not guarantee any specific results from the use of these products.

6. User Accounts, Eligibility, and Responsibilities

Eligibility: To create an account and use the Platform, you must be at least 18 years of age and reside in the United States. By using the Platform, you represent and warrant that you meet these eligibility requirements.
Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Herbly immediately of any unauthorized use of your account.
Accurate Information: You agree to provide true, accurate, current, and complete information about yourself as prompted by the Platform's registration forms.

7. Payments, Billing, and Refunds

Consultation Fees: You agree to pay all fees for consultations with Practitioners as specified on the Platform at the time of booking. Herbly facilitates payment processing but is not responsible for the professional services rendered.
Product Purchases: All prices for products in the e-commerce store are listed in U.S. dollars. Payment must be received by Herbly before our acceptance of an order.
Billing Information: You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Platform.
Refunds: Refund policies for both consultations and product purchases will be specified on the Platform and are incorporated into these Terms by reference.

8. Intellectual Property

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Herbly, LLC., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Your use of the Platform does not grant you any license or interest in our intellectual property.

9. Prohibited Conduct

You agree not to use the Platform to:

Violate any applicable local, state, national, or international law.
Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
Engage in any conduct that is harassing, abusive, defamatory, or otherwise objectionable.
Transmit any viruses, worms, or other malicious code.
Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Platform.
Use the Platform for any commercial purpose without our express prior written permission.

10. Disclaimer of Warranties

THE PLATFORM AND ALL SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HERBLY, LLC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HERBLY, LLC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE PLATFORM; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HERBLY, LLC. EXCEED THE AMOUNT YOU PAID HERBLY, IF ANY, IN THE PAST TWELVE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to defend, indemnify, and hold harmless Herbly, LLC., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, any use of the Platform's content, services, and products other than as expressly authorized in these Terms.

13. Governing Law and Dispute Resolution

Governing Law: These Terms and your use of the Platform are governed by and construed in accordance with the laws of the Commonwealth of Virginia and the applicable federal laws of the United States of America, without regard to its conflict of law principles.
Binding Arbitration: You and Herbly, LLC. agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services or Platform (collectively, "Disputes") will be settled by binding arbitration. Such arbitration shall take place in Fairfax, Virginia. This agreement to arbitrate is valid and irrevocable.
Class Action Waiver: YOU AND HERBLY, LLC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. Termination

We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Platform to any person for any reason, including for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Platform or delete your account at any time, without warning, in our sole discretion.

15. Changes to the Terms

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Effective Date” of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the Platform after the date such revised Terms are posted will be deemed as your acceptance of the changes.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Herbly, LLC. 4000 Legato Rd., Ste 1100, Fairfax, VA 22033

Email: hello@herbly.org

Legal Disclaimer: This Terms of Use is a legally binding agreement. If you have any questions or concerns about these terms, you should consult with your own legal counsel before using the Herbly Platform.