Effective Date: September 15th, 2025
Last Updated: 9/30/2025
ACCEPTANCE OF TERMS
By creating an account, accessing, or using the MyHerbalist platform ("Platform") operated by MyHerbalist Inc., you ("User") agree to be bound by these Terms of Service, our Privacy & Cookies Policy, and our Platform Disclaimer (collectively, the "Agreements"). If you do not agree to these Agreements, you may not use the Platform.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS, OUR USER AGREEMENT, AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.
1. PLATFORM PURPOSE AND MEDICAL DISCLAIMERS
1.1 Educational Services Only
The Platform provides space for users to engage with herbalists and wellness educators ("Providers") for educational and informational purposes only. The Platform does not provide medical advice, diagnosis, treatment, or emergency services.
1.2 Medical Emergency Notice
FOR MEDICAL EMERGENCIES, CALL 911 IMMEDIATELY. DO NOT USE THIS PLATFORM FOR EMERGENCY SITUATIONS.
1.3 FDA Disclaimer
Statements made by Providers have not been evaluated by the Food and Drug Administration. Products, services, or information discussed are not intended to diagnose, treat, cure, or prevent any disease.
1.4 Healthcare Consultation Advisory
Users must consult licensed healthcare professionals before making changes to medical treatment, starting wellness regimens, discontinuing prescribed medications, or taking any health-related action. Information from Providers does not replace professional medical care.
2. ELIGIBILITY AND REGISTRATION
2.1 Age Requirement
Users must be at least 18 years old to create an account and use the Platform.
2.2 Account Information
Users shall:
• Provide accurate and complete information during registration
• Maintain current account information
• Maintain confidentiality of account credentials
• Accept responsibility for all activities under their account
2.3 Account Security
Users shall immediately notify MyHerbalist of any unauthorized account use or security breach.
3. SERVICE STRUCTURE AND PAYMENTS
3.1 Session Types
Initial Educational Consultation: 60 minutes
Follow-up Educational Session: 30 minutes
3.2 Pricing
MyHerbalist sets all service prices at its sole discretion. Prices are subject to change with notice.
3.3 Payment Processing
We use third-party services like Stripe for payment processing. Your payment information is subject to their privacy policies and terms in addition to ours.
4. CANCELLATION AND REFUND POLICY
4.1 Cancellation Policy
24+ hours before consultation: Full refund to user
Less than 24 hours before consultation: No refund
No-show: No refund
4.2 Emergency Exemptions
Medical or family emergencies may qualify for cancellation fee exemption. Determination requires documentation and is at MyHerbalist's sole discretion.
4.3 Rescheduling
24+ hours before consultation: Free rescheduling
Less than 24 hours before consultation: Full consultation fee required to reschedule; original payment non-refundable
4.4 Refund Processing
Disputed consultation refunds must be requested within 30 days of service date
Approved refunds process within 7 business days after dispute resolution
5. USER CONDUCT AND RESPONSIBILITIES
5.1 Acceptable Use
Users shall:
· Use the Platform lawfully and solely for its intended educational purposes
· Treat all Providers and other users with respect and professionalism
· Arrive punctually for scheduled consultations
· Provide timely payment for services
5.2 Prohibited Conduct
Users shall not:
· Engage in harassment, threats, or abusive behavior
· Share or request personal contact information outside the Platform
· Impersonate others or create fraudulent accounts
· Provide or solicit medical advice or treatment
· Use the Platform for commercial solicitation
· Violate any applicable laws or regulations
5.3 Reporting and Complaints
Users may report Provider misconduct to support@myherbalist.com, including false credential claims, inappropriate behavior, harassment, medical advice or diagnosis (prohibited), requests for off-platform communication, or regulatory violations.
MyHerbalist will investigate reports within 5 business days. Verified violations may result in Provider account termination.
Copyright Infringement: To report copyright infringement, send written notice to support@myherbalist.com with identification of copyrighted work, infringing material, contact information, and good faith statement under penalty of perjury.
6. Provider Relationship
6.1 Independent Contractor Status
Providers are independent contractors, not employees or agents of MyHerbalist. MyHerbalist does not endorse, guarantee, or verify Provider qualifications or services.
6.2 Professional Licensing Notice
IMPORTANT: MYHERBALIST DOES NOT EMPLOY OR SUPERVISE PROVIDERS. ALL PROVIDERS ARE INDEPENDENT CONTRACTORS RESPONSIBLE FOR MAINTAINING THEIR OWN CREDENTIALS/QUALIFICATIONS, LICENSES, CERTIFICATIONS, PROFESSIONAL LIABILITY INSURANCE, AND PROFESSIONAL STANDARDS AT THEIR OWN EXPENSE.
MyHerbalist does not conduct background checks on Providers. Users are responsible for evaluating Provider suitability for their needs. MyHerbalist does not provide legal advice on state regulations or provider compliance requirements.
6.3 User Responsibility
Users are responsible for evaluating Provider qualifications and suitability for their educational needs. Users should independently verify current Provider credentials and report concerns to support@myherbalist.com.
6.4 Release of Provider Liability
Users acknowledge that Providers are independent educators providing information for educational purposes only. Users release Providers from any liability related to educational information shared during consultations.
INTELLECTUAL PROPERTY
7.1 Platform Content
All Platform content, including but not limited to text, graphics, logos, and software, is the property of MyHerbalist Inc. or its licensors and is protected by intellectual property laws.
7.2 User Content
Users retain ownership of content they submit but grant MyHerbalist a worldwide, nonexclusive, royalty-free license to use, reproduce, and display such content in connection with the Platform.
7.3 Provider Content
Providers retain ownership of their educational materials but grant MyHerbalist limited license to display such content for Platform operations.
FTC AND REGULATORY COMPLIANCE
8.1 Advertising and Endorsements
• Users who promote MyHerbalist or receive compensation must disclose material connections per FTC guidelines
• Reviews and testimonials must reflect honest experiences
• All content must comply with FTC/FDA regulations
8.2 State-Specific Requirements
Several states including California, Colorado, Nevada, Maine, New Mexico, Louisiana, Minnesota, Rhode Island, Arizona, and Idaho have enacted "safe harbor" or disclosure laws. MyHerbalist requires all Providers to present a Universal Disclosure and Acknowledgment Form before any exchange.
Provider State Compliance:
Providers are solely responsible for:
Determining applicable state requirements for their practice
Providing mandatory disclosure statements as required by law
Complying with scope of practice limitations
Maintaining any required state registrations
MyHerbalist provides disclosure templates but does not provide legal advice on state regulations and does not guarantee Provider compliance with state requirements.
9. PRIVACY AND DATA PROTECTION
9.1 Privacy Policy
User privacy and data protection are governed by our separate Privacy & Cookies Policy, which is incorporated by reference into these Terms.
9.2 Data Security
While we implement reasonable security measures, we cannot guarantee absolute security of user data. Users acknowledge the inherent risks of online data transmission.
9.3 Session Recording and Data Retention
Recording Policy: Consultations are NOT recorded by MyHerbalist. Providers and Users may not record sessions without explicit prior written consent from the other party. Unauthorized recording may result in account termination.
Data Retention:
Platform communications retained for 90 days
Payment records retained for 7 years per legal requirements
Users may request account deletion at support@myherbalist.com
Upon deletion, personal information deleted within 30 days except as legally required
10. DISPUTE RESOLUTION
10.1 Arbitration Agreement
Any disputes arising from these Terms or Platform use shall be resolved through binding individual arbitration in accordance with the American Arbitration Association rules.
10.2 Class Action Waiver
Users waive any right to participate in class action lawsuits or class-wide arbitration against MyHerbalist.
10.3 Arbitration Opt-Out and Procedures
Opt-Out Right: Users may opt out of the arbitration agreement by sending written notice to support@myherbalist.com within 30 days of first accepting these Terms. Notice must include name, address, email, and clear statement opting out of arbitration.
Arbitration Procedures:
Arbitration location: User's county of residence or via telephone/video
Small Claims Exception: Either party may bring claims in small claims court
Cost Allocation: MyHerbalist pays AAA fees for claims under $10,000
Federal Arbitration Act governs this agreement