Terms of Service

EMERGENCY MEDICAL DISCLAIMER:

THIS SERVICE IS NOT INTENDED FOR USE IN THE EVENT OF A MEDICAL EMERGENCY. IF YOUR CHILD IS EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR SEEK CARE AT THE NEAREST EMERGENCY FACILITY.

These Terms of Service ("Terms") govern your access to and use of the mobile acute care concierge services, website(s), and mobile applications (collectively, the "Services") offered by Cookie Dough Pediatrics.

These Terms, along with our Privacy Policy and Medical Consent disclosures, form the entire agreement ("Agreement") between you ("you," "Parent," or "Patient Representative") and Cookie Dough Pediatrics. By accessing, requesting, or using our Services, you represent that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use the Services.

ARBITRATION NOTICE

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND COOKIE DOUGH PEDIATRICS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION HELD IN TEXAS, AND YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Scope of Services & Nature of Care

Cookie Dough Pediatrics provides scheduled and on-demand mobile acute care pediatric medical visits ("House Calls") and related administrative services within designated service areas in the State of Texas.

• Not Primary Care: Cookie Dough Pediatrics provides episodic acute care. Our Services are designed to complement, not replace, your child’s established Primary Care Physician (PCP) or pediatric medical home.

• Clinical Scope Limitations: Our clinicians reserve the right to determine, in their sole professional judgment, whether a child's condition exceeds the clinical capabilities of a mobile house call. If a clinician determines that your child requires immediate higher-level emergency or hospital-based evaluation, you agree to follow their recommendation and seek immediate care at an appropriate facility.

2. Authority to Consent for Treatment of Minors (Texas Family Code)

Pursuant to Texas Family Code Chapter 32, medical treatment for a minor must be authorized by a parent, legal guardian, or other person authorized under Texas law. By requesting Services, you explicitly represent and warrant that:

• You are at least 18 years of age and are the legal parent, managing conservator, or court-appointed legal guardian of the minor child receiving care.

• If you designate another adult (e.g., grandparent, nanny) to be present during a visit, you have executed appropriate written authorization allowing that individual to consent to medical examination and treatment on your behalf.

• Adult Presence Required: A parent, legal guardian, or authorized adult representative (18 years or older) must be physically present in the home or visit location for the entire duration of the house call. We will not enter a home or render care if a minor is unaccompanied by an adult.

3. House Call Safety & Home Environment

To ensure the safety of our healthcare clinicians and the effective delivery of medical care, you agree to the following conditions for all in-person/mobile visits:

• Safe Environment: You must provide a clean, safe, smoke-free, and secure physical environment for the visit.

• Animals & Pets: All pets and domestic animals must be fully secured in a separate room prior to the clinician’s arrival and remain secured until the clinician exits the premises.

• Right to Refuse/Terminate Visit: Cookie Dough Pediatrics clinicians reserve the absolute right to decline entry, suspend, or terminate a visit immediately if they encounter unsafe or hostile conditions, illegal activity, uncontained animals, or if an authorized adult is not present. In such cases, standard visit fees or cancellation fees may still apply.

4. Telehealth Services

When appropriate, Services may include telehealth evaluations. Telehealth involves the delivery of healthcare services using electronic communications, information technology, or other means between a healthcare provider and a patient in another location.

• By participating in a telehealth session, you acknowledge the risks and limitations inherent in remote technology (including technical interruptions or limitations on physical diagnostic examination) and consent to receiving care via telehealth.

• Telehealth clinicians treating patients located in Texas are fully licensed in accordance with Texas Medical Board and state regulatory standards.

5. Fees, Payments, and Insurance Disclaimer

• Payment Terms: You agree to pay all applicable fees for Services requested in accordance with the fee schedules presented to you at the time of booking. Payment is due at the time of service or as otherwise specified during scheduling.

• Out-of-Network / Direct Pay Model: Kids First Urgent Care operates primarily as a direct-pay/concierge service. We do not guarantee that our Services are covered by any commercial health insurance policy, Medicaid, or Medicare. You are solely responsible for all charges incurred.

• Cancellations & Late Fees: We reserve the right to charge a cancellation fee if you cancel an appointment with less than the required notice specified at booking, or if a clinician arrives for a scheduled visit and is unable to gain entry or render care due to a violation of Section 2 or Section 3.

6. User Accounts & Electronic Communications

• 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 provide accurate, complete, and updated information.

• Consent to Electronic Communications: By creating an account or booking a Service, you consent to receive electronic communications from us, including automated SMS/text messages and emails regarding appointment confirmations, clinician arrival updates, billing, and follow-up care instructions. Message and data rates may apply.

7. Intellectual Property

All content, software, logos, trademarks, and features available through our Services are owned by or licensed to Cookie Dough Pediatrics and are protected by applicable intellectual property laws. You are granted a limited, revocable, non-exclusive license to access and use the Services for your personal, non-commercial use.

8. Prohibited Uses

You agree not to:

• Use the Service for any unlawful or unauthorized purpose under Texas or federal law.

• Harass, threaten, or abuse our medical clinicians, staff, or representatives.

• Interfere with, disrupt, or introduce malicious code into our websites or mobile platforms.

9. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN WRITING, THE SERVICES AND PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COOKIE DOUGH PEDIATRICS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION OBTAINED FROM OUR WEBSITE OR PLATFORM CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COOKIE DOUGH PEDIATRICS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CLINICIANS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR SITE PLATFORM. OUR TOTAL AGGREGATE LIABILITY ARISING FROM THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO KIDS FIRST URGENT CARE IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

(Nothing in these Terms excludes or limits liability for gross negligence, willful misconduct, or medical malpractice where such limitation is prohibited under Texas law).

11. Indemnification

You agree to indemnify, defend, and hold harmless Cookie Dough Pediatrics, its officers, directors, employees, clinicians, and agents from and against any third-party claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising out of or related to your breach of these Terms, misrepresentation of parental/guardian authority, or failure to provide a safe home environment for in-person visits.

12. Dispute Resolution & Binding Arbitration

Please read this section carefully as it affects your legal rights.

• Agreement to Arbitrate: You and Cookie Dough Pediatrics agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the breach, termination, enforcement, or interpretation thereof, shall be resolved through binding individual arbitration administered in accordance with the rules of the American Arbitration Association (AAA).

• Location & Law: The arbitration proceedings shall take place in Dallas County, Texas (or another Texas county mutually agreed upon by the parties), and shall be governed by the Federal Arbitration Act and Texas state law.

• Class Action Waiver: YOU AND COOKIE DOUGH PEDIATRICS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13. Governing Law and Venue

These Terms and any non-arbitrable disputes shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Except for matters subject to binding arbitration, any legal action or proceeding relating to the Services shall be brought exclusively in the state or federal courts located in Dallas County, Texas, and you irrevocably submit to the personal jurisdiction of such courts.

14. Severability & Modification

If any provision of these Terms is found to be unlawful, void, or unenforceable under Texas law, that provision will be severed, and the remaining provisions will remain in full force and effect. We reserve the right to modify these Terms at any time. Updated Terms will take effect immediately upon posting to our platform.