MyPeps Terms and Conditions of Service

These Terms and Conditions of Service (“Terms”) form a legally binding agreement between you and MyPeps LLC (“MyPeps,” “we,” “us,” or “our”) concerning your access to and use of the MyPeps website, mobile applications, patient portal, provider portal, communications systems, artificial intelligence features, educational resources, and related technology and administrative services (collectively, the “Platform”).

The Platform may also facilitate access to medical services furnished by independently licensed physicians, nurse practitioners, physician assistants, and other qualified healthcare professionals (“Providers”). The professional medical services provided by Providers are referred to as the “Clinical Services.”

The Platform and Clinical Services are collectively referred to in these Terms as the “Services.”

By creating an account, clicking “I Agree,” purchasing a membership or service, scheduling an appointment, communicating with a Provider, or otherwise accessing the Services, you acknowledge that you have read, understood, and agreed to these Terms and our Privacy Policy.

Do not access or use the Services if you do not agree to these Terms.

1. MyPeps' Role

MyPeps provides technology, administrative support, scheduling, educational resources, health-tracking features, payment processing, communication tools, laboratory coordination, and other non-clinical services.

MyPeps LLC is not itself a medical practice and does not independently diagnose medical conditions, practice medicine, or make prescribing decisions.

Clinical Services are provided by licensed Providers through one or more affiliated or independently operated professional medical entities (“Clinical Entities”). The identity of the applicable Clinical Entity may be disclosed to you during registration, scheduling, intake, or treatment.

The Provider treating you—not MyPeps—exercises independent professional judgment and is solely responsible for:

• Evaluating your health and medical history;
• Determining whether Clinical Services are appropriate;
• Making diagnoses;
• Ordering or reviewing laboratory testing;
• Recommending a treatment plan;
• Determining whether medication is clinically appropriate;
• Selecting the medication, dosage, route, and duration;
• Issuing, denying, modifying, or discontinuing prescriptions;
• Authorizing or denying refills; and
• Providing follow-up medical care.

Nothing in these Terms interferes with a Provider's independent professional judgment. MyPeps does not require a Provider to prescribe any particular medication or treatment.

2. No Guarantee of Treatment or Prescription

Registering for MyPeps, purchasing a membership, completing laboratory testing, submitting medical information, or meeting with a Provider does not guarantee that you will receive a diagnosis, treatment plan, prescription, refill, or any particular peptide medication.

A Provider may determine that:

• You are not an appropriate candidate for treatment;
• Additional information, testing, records, or an in-person examination is required;
• A requested medication is not medically necessary or appropriate;
• A medication creates an unacceptable risk;
• The requested treatment is unavailable or prohibited in your state;
• Continued treatment requires follow-up visits or repeat laboratory testing; or
• Treatment should be modified or discontinued.

All prescribing decisions are made solely by the treating Provider based on the Provider's clinical judgment, applicable law, professional standards, your medical history, and available clinical information.

3. Peptide and Prescription-Medication Services

Providers accessible through the Platform may prescribe peptide medications or other prescription treatments when the Provider determines that the treatment is medically appropriate and legally permitted.

MyPeps does not guarantee access to any particular peptide, medication, dosage, formulation, pharmacy, or treatment protocol.

You understand and agree that:

1. A prescription may only be issued after an appropriate clinical evaluation;
2. Certain treatments may require laboratory testing, medical records, ongoing monitoring, or follow-up consultations;
3. The availability and legality of particular medications may change;
4. Medication availability may vary by state, pharmacy, manufacturer, supply conditions, and applicable regulations;
5. A Provider may decline to prescribe or refill a medication at any time when clinically appropriate;
6. Prescriptions are for your personal use only;
7. You may not sell, share, transfer, distribute, or allow another person to use medication prescribed to you;
8. You must follow the Provider's instructions and the medication's labeling;
9. You must immediately report significant side effects, adverse reactions, or changes in your health to your Provider; and
10. You must provide complete and accurate information regarding your medical history, allergies, current medications, supplements, substance use, pregnancy status, and other relevant conditions.

FDA-Approved and Compounded Medications

Depending on your clinical needs and applicable law, a Provider may discuss or prescribe an FDA-approved medication or a medication prepared by a properly licensed compounding pharmacy.

Compounded medications are not approved by the U.S. Food and Drug Administration. The FDA does not evaluate compounded medications for safety, effectiveness, or quality before they are provided to patients in the same manner as FDA-approved drugs.

Compounded medications may involve risks that differ from FDA-approved medications, including risks associated with potency, sterility, consistency, stability, ingredients, storage, and preparation. Your Provider will determine whether a compounded medication is medically appropriate for you.

MyPeps does not manufacture prescription medications. Unless expressly disclosed otherwise, MyPeps does not operate the dispensing pharmacy. Medication is dispensed and shipped by a separate licensed pharmacy.

Any pharmacy is independently responsible for dispensing, labeling, packaging, storage, shipping, quality control, counseling, and compliance with pharmacy laws.

Off-Label Treatment

A Provider may determine that an FDA-approved medication is medically appropriate for a use, dosage, patient population, or treatment duration that is not specifically included in the medication's FDA-approved labeling. This is commonly referred to as “off-label” prescribing.

Off-label prescribing does not mean that a treatment is automatically inappropriate. However, it may involve additional uncertainties or risks. Your Provider is responsible for discussing material treatment considerations with you as required by applicable law and professional standards.

4. Informed Consent to Telehealth

Telehealth involves delivering healthcare through electronic communications when you and the Provider are in different physical locations. Telehealth may include video appointments, audio communications, secure messaging, electronic questionnaires, remote monitoring, medical-record review, laboratory review, and other technologies.

By using the Clinical Services, you consent to receiving healthcare through telehealth, subject to any additional consent presented to you.

You understand that telehealth has potential benefits, including improved convenience and access to Providers, but also involves risks and limitations, including:

• Electronic communications may be disrupted, delayed, intercepted, or incomplete;
• Video, photographs, records, or other submitted information may not be sufficiently clear for clinical decision-making;
• A Provider may be unable to perform a complete physical examination;
• The Provider may not have access to your complete medical history;
• Technical failures may delay evaluation or treatment;
• Electronic security safeguards may fail;
• A Provider may determine that an in-person examination is necessary;
• Telehealth may not be appropriate for every condition; and
• Misunderstandings may occur because the Provider and patient are not physically together.

You may withdraw your consent to telehealth as permitted by applicable law. Withdrawing consent may prevent you from continuing to receive some or all Clinical Services through the Platform.

You authorize Providers and authorized support personnel to communicate with you through the Platform and other contact methods you approve.

5. Patient Location and Provider Licensure

Clinical Services may only be provided when you are physically located in a jurisdiction where the treating Provider is authorized to practice and where the Clinical Services are legally permitted.

At the beginning of an appointment, you may be required to confirm:

• Your identity;
• Your date of birth;
• Your current physical location;
• Your telephone number;
• Your emergency contact information; and
• Whether you are in a reasonably private environment.

You agree to provide accurate location information. You may not misrepresent your location or use technical methods to conceal it.

A Provider may terminate or postpone an appointment if your location cannot be verified, the Provider is not authorized to treat patients in that jurisdiction, or the requested Clinical Service is not available there.

6. Not for Emergencies or Primary Care

Call 911 or go to the nearest emergency department if you are experiencing a medical emergency, including severe difficulty breathing, chest pain, loss of consciousness, signs of a stroke, severe allergic reaction, suicidal thoughts, overdose, severe bleeding, or another potentially life-threatening condition.

Do not use Platform messaging to request emergency assistance. Messages may not be read immediately.

MyPeps is not a replacement for a primary care provider. You should establish and maintain a relationship with a primary care provider and other specialists appropriate for your medical needs.

You authorize and agree that your MyPeps Provider may recommend that you seek:

• In-person examination;
• Emergency care;
• Primary care;
• Specialist consultation;
• Additional diagnostic testing; or
• Treatment outside the Platform.

7. Eligibility

You must be at least eighteen years old and legally capable of entering into a binding agreement to create an account or receive Services, unless MyPeps expressly offers a legally compliant minor-care program.

By using the Services, you represent that:

• You meet the applicable age requirements;
• The information you provide is truthful and complete;
• You are using the Services for yourself unless legally authorized to act for another individual;
• You are not prohibited from receiving the Services under applicable law; and
• You will comply with these Terms and all applicable laws.

Services are currently intended only for individuals physically located in eligible jurisdictions within the United States, unless MyPeps expressly states otherwise.

8. Account Registration and Security

Certain Services require an account. You agree to provide accurate, complete, and current information during registration and to update that information when it changes.

You are responsible for:

• Protecting your username, password, device, and authentication information;
• All activity conducted through your account;
• Preventing unauthorized access;
• Logging out of shared devices; and
• Promptly notifying MyPeps of suspected unauthorized access.

You may not sell, assign, share, or transfer your account. You may not use another person's account or permit another person to impersonate you during an appointment.

MyPeps may suspend an account when it reasonably suspects fraud, misuse, unauthorized access, inaccurate identity information, medication diversion, threatening conduct, or a violation of these Terms.

9. Your Health Information and Responsibilities

Safe treatment depends on receiving accurate and complete information.

You agree to provide truthful, complete, and current information concerning:

• Your identity and contact information;
• Symptoms and health concerns;
• Medical and surgical history;
• Allergies;
• Current and past medications;
• Vitamins, supplements, peptides, hormones, and other substances;
• Prior adverse reactions;
• Laboratory results;
• Pregnancy, breastfeeding, or plans to become pregnant;
• Mental-health history when relevant;
• Substance use;
• Other treating Providers; and
• Any material changes in your health.

You understand that inaccurate, incomplete, misleading, or delayed information may result in inappropriate treatment, drug interactions, delayed care, or serious injury.

You agree to follow your treatment plan, attend required follow-up appointments, complete requested laboratory testing, and contact your Provider regarding questions or adverse effects.

You should not discontinue, increase, decrease, combine, or otherwise alter a prescribed treatment without first consulting an appropriate licensed healthcare professional.

10. Laboratory Services

Providers may order laboratory testing when clinically appropriate. Testing may be conducted by independent third-party laboratories, mobile collection companies, at-home collection providers, or other vendors.

By using the Services, you authorize:

• Your Provider to order testing when clinically appropriate;
• The laboratory to perform the ordered testing;
• The laboratory to send results to your Provider, the applicable Clinical Entity, and the Platform as permitted by law;
• MyPeps and its service providers to process and display laboratory information for treatment, payment, healthcare operations, Platform functionality, and other permitted purposes; and
• Your Provider to use the results when evaluating your eligibility for treatment.

MyPeps does not control the laboratory's collection procedures, processing times, accuracy, billing, insurance practices, availability, or performance.

Laboratory results may contain errors or require confirmation. You should discuss your results with a licensed Provider before making medical decisions.

Payment for testing does not guarantee treatment or a prescription. Unless required by law or stated in the applicable refund policy, laboratory fees may become non-refundable once an order is submitted, a kit is shipped, a specimen is collected, or testing begins.

11. AI-Powered Features and Bloodwork Summaries

The Platform may offer artificial intelligence, automated analysis, decision-support, educational summaries, health-tracking insights, symptom questionnaires, or bloodwork explanations (“AI Features”).

AI Features are intended to help organize or explain information in easier-to-understand language. Unless a licensed Provider expressly communicates otherwise during Clinical Services, AI Features:

• Do not practice medicine;
• Do not create a provider-patient relationship;
• Do not provide a medical diagnosis;
• Do not prescribe treatment;
• Do not replace a Provider's judgment;
• May produce inaccurate, incomplete, outdated, or misleading information; and
• Should not be used for emergencies or relied upon as the sole basis for a medical decision.

You must discuss medical questions, abnormal results, medication changes, and treatment decisions with a licensed Provider.

AI-generated summaries may differ from a Provider's interpretation. The Provider's clinical judgment and the original laboratory report control over an automated summary.

Your use of AI Features may be subject to additional notices and consent requirements. The collection, processing, and disclosure of information through AI Features will be governed by the Privacy Policy and any applicable authorization or consent.

MyPeps may use appropriately de-identified or aggregated information for analytics, security, service improvement, product development, and other legally permitted purposes. MyPeps will not use identifiable protected health information to train a generalized public AI model unless permitted by applicable law and supported by any required authorization.

12. Health Tracking and Wearable Information

The Platform may allow you to record goals, symptoms, medication adherence, sleep, activity, nutrition, weight, heart rate, or other information. It may also connect with third-party wearable devices and applications.

Consumer wearables and self-reported information may be incomplete, delayed, inaccurate, or affected by device settings and user behavior. These features are not intended to provide continuous medical monitoring unless expressly identified as part of a separate clinical monitoring program.

MyPeps does not guarantee that a Provider will review tracking information immediately or continuously.

Do not use tracking features to report an emergency.

13. Pharmacy Services and Shipping

When a Provider issues a prescription, it may be transmitted to a pharmacy selected by you or to another properly licensed pharmacy supporting the Services, subject to applicable law and pharmacy availability.

You maintain the right to request that an eligible prescription be sent to the pharmacy of your choice, although certain coordinated pricing, fulfillment, or Platform services may not be available through every pharmacy.

The dispensing pharmacy is independently responsible for:

• Confirming prescription validity;
• Preparing or dispensing medication;
• Medication quality;
• Packaging and labeling;
• Counseling;
• Shipping;
• Storage instructions;
• Refill processing;
• Pharmacy charges; and
• Compliance with pharmacy law.

MyPeps cannot guarantee medication availability, delivery dates, carrier performance, or uninterrupted access to a pharmacy.

You are responsible for providing an accurate delivery address, promptly retrieving deliveries, examining packages for damage, and following storage instructions. Temperature-sensitive medication may be damaged if left unattended or stored improperly.

Contact the dispensing pharmacy and your Provider promptly if medication appears damaged, altered, mislabeled, contaminated, improperly stored, or different from what was prescribed.

14. Memberships and Subscriptions

MyPeps may offer monthly, annual, or other recurring memberships. The benefits, price, billing interval, and minimum commitment, if any, will be disclosed before purchase.

Unless otherwise stated, membership fees pay for access to specified Platform and administrative services. Membership does not guarantee a prescription, medical outcome, laboratory result, or uninterrupted availability of a particular Provider.

Automatic Renewal

When you enroll in an automatically renewing membership, you authorize MyPeps and its payment processors to charge your selected payment method at the disclosed frequency until you cancel.

Before enrollment, MyPeps will disclose the material subscription terms, including:

• The amount charged;
• The billing frequency;
• Whether the subscription renews automatically;
• How to cancel;
• Any trial or promotional period; and
• When promotional pricing changes.

Your subscription will renew at the then-current price unless you cancel before the applicable renewal date.

Cancellation

You may cancel through the cancellation method identified during enrollment, through your account when available, or by contacting customer support at contact@mypeps.com.

Cancellation becomes effective at the end of the current paid billing period unless otherwise stated or required by law. Canceling a membership does not automatically cancel appointments, laboratory orders, pharmacy orders, or charges already incurred.

MyPeps will not intentionally make cancellation materially more difficult than enrollment.

15. Fees, Billing, and Payment Authorization

You agree to pay all fees presented to you before purchase, including membership fees, consultation charges, laboratory charges, processing fees, medication charges, shipping, taxes, and other disclosed amounts.

By providing a payment method, you represent that you are authorized to use it and authorize MyPeps, the Clinical Entities, pharmacies, laboratories, and applicable payment processors to charge it for amounts you approve or incur.

You are responsible for maintaining accurate billing information and sufficient available funds.

Prices may change prospectively. A price change will not apply retroactively to completed purchases but may apply to a future subscription period after legally required notice.

Different portions of the Services may be billed separately by MyPeps, a Clinical Entity, a laboratory, a pharmacy, or another third party.

16. Self-Pay and Insurance

Unless expressly stated otherwise, MyPeps operates on a self-pay basis.

MyPeps is not an insurance company, and a membership is not health insurance. Membership payments are not insurance premiums.

You are responsible for determining whether your health plan covers any consultation, test, prescription, medication, or other Service.

MyPeps does not guarantee that an insurer, employer, flexible spending account, health savings account, or other program will reimburse you. When available, an itemized receipt or documentation may be provided, but you remain responsible for all charges regardless of reimbursement.

17. Appointments, Cancellations, and No-Shows

The applicable appointment cancellation and rescheduling rules will be disclosed when you schedule an appointment.

Unless otherwise disclosed:

• Appointments must be canceled or rescheduled at least [24 HOURS] in advance;
• Late cancellations and missed appointments may be non-refundable;
• A fee may apply to reschedule a missed appointment;
• A Provider may be delayed due to clinical circumstances; and
• MyPeps may cancel or reschedule an appointment because of Provider availability, licensing, technical issues, emergencies, or other operational needs.

MyPeps does not guarantee that a particular Provider will remain available.

18. Refunds

Refund eligibility depends on the type of purchase and whether a service has already been initiated or delivered.

Unless otherwise required by law or stated at checkout:

• Completed consultations are non-refundable;
• Missed appointments and late cancellations are non-refundable;
• Laboratory fees may be non-refundable after an order has been processed, a kit shipped, a specimen collected, or testing begun;
• Prescription-processing or clinical-review fees may be non-refundable once the review occurs;
• Dispensed prescription medications generally cannot be returned or refunded;
• Pharmacy and laboratory refunds are subject to the independent third party's policies;
• Shipping charges are non-refundable after shipment; and
• Membership fees already charged are non-refundable, except as required by law.

Nothing in this section limits non-waivable consumer rights.

19. Electronic Communications and Signatures

You consent to conduct transactions electronically and receive agreements, consents, notices, appointment information, receipts, laboratory notifications, and other communications electronically.

Your clicks, typed name, checkbox selection, portal submission, or other electronic action may serve as your electronic signature and have the same legal effect as a handwritten signature, to the extent permitted by law.

You are responsible for maintaining a valid email address, telephone number, and compatible device.

20. Emails, Calls, and Text Messages

By providing your contact information, you authorize MyPeps, Clinical Entities, Providers, pharmacies, laboratories, and service providers acting on their behalf to contact you regarding:

• Account activity;
• Identity verification;
• Appointments;
• Treatment-related communications;
• Laboratory orders and results;
• Prescription and pharmacy activity;
• Billing;
• Security alerts;
• Customer support; and
• Other Services you request.

Communications may be sent through email, telephone, automated dialing technology, prerecorded voice, push notification, or text message, as permitted by law.

Message and data rates may apply. Message frequency varies. Carriers are not responsible for delayed or undelivered messages.

Consent to receive marketing messages is not a condition of purchasing Services. Marketing consent, where requested, will be handled separately. You may opt out of marketing text messages by replying STOP or following the provided instructions. Opting out of marketing does not prevent necessary transactional or healthcare communications where legally permitted.

Email and ordinary text messaging may involve privacy risks. Do not use unsecured communications to report an emergency.

21. Privacy and Health Information

Your use of the Services is subject to the MyPeps Privacy Policy and, when applicable, the Notice of Privacy Practices provided by the Clinical Entity or Provider.

MyPeps and the Clinical Entities may have different legal roles and privacy obligations. For example, a Clinical Entity may be a healthcare provider subject to the Health Insurance Portability and Accountability Act (“HIPAA”), while MyPeps may act as a business associate, technology provider, service provider, or other regulated entity depending on the circumstances.

The Privacy Policy explains how MyPeps collects, uses, retains, and discloses information. The Notice of Privacy Practices explains how protected health information may be used and disclosed by a covered Clinical Entity and describes applicable patient rights.

If these Terms conflict with a Notice of Privacy Practices regarding protected health information, the Notice of Privacy Practices will control for that information.

22. Acceptable Use

You may only use the Platform for lawful, personal, and non-commercial purposes.

You may not:

• Violate any law or regulation;
• Submit false, fraudulent, or misleading information;
• Impersonate another person;
• Seek medication for another person through your account;
• Misrepresent symptoms, identity, medical history, or location;
• Attempt to obtain medication through fraud, coercion, diversion, or misuse;
• Harass, threaten, abuse, or discriminate against Providers, employees, contractors, or other users;
• Record an appointment without all legally required consent;
• Upload malicious code;
• Interfere with Platform security or operation;
• Access information you are not authorized to access;
• Scrape, crawl, copy, or extract Platform information through automated means;
• Reverse engineer or attempt to discover Platform source code;
• Use the Platform to build or train a competing product or AI model;
• Infringe intellectual-property, privacy, or publicity rights; or
• Resell, redistribute, or commercially exploit the Platform or its content.

MyPeps may investigate suspected violations and cooperate with Providers, pharmacies, payment processors, regulators, and law enforcement when legally appropriate.

23. User-Submitted Information

You retain ownership of information and materials you submit, subject to the rights required for MyPeps and its service providers to operate the Services.

You grant MyPeps a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, format, and otherwise process submitted information as reasonably necessary to:

• Provide the Services;
• Facilitate Clinical Services;
• Process transactions;
• Maintain records;
• Communicate with you;
• Protect the Platform;
• Comply with law; and
• Exercise other rights described in the Privacy Policy.

You represent that you have the legal right to submit the information and that doing so does not violate another person's rights.

Do not upload another person's medical information unless you are legally authorized to do so.

24. Feedback, Reviews, and Testimonials

When you voluntarily submit non-confidential feedback, suggestions, or ideas about the Platform, you grant MyPeps the right to use them without compensation or restriction.

MyPeps will not use your name, likeness, identifiable health information, testimonial, photograph, or treatment story for marketing without obtaining any consent or authorization required by law.

Testimonials describe individual experiences and do not guarantee that another person will receive the same result.

25. Intellectual Property

The Platform and its software, design, text, graphics, logos, trademarks, features, databases, educational materials, interfaces, and other content are owned by or licensed to MyPeps and are protected by intellectual-property laws.

Subject to these Terms, MyPeps grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access the Platform for your personal use.

No ownership rights are transferred to you.

You may not reproduce, modify, distribute, sell, license, publicly display, create derivative works from, or commercially exploit Platform content without written permission.

“MyPeps,” associated logos, and related branding may not be used without prior written consent.

26. Third-Party Services

The Services may integrate with or link to third-party platforms, pharmacies, laboratories, wearable-device companies, payment processors, video providers, scheduling providers, shipping carriers, and other vendors.

MyPeps does not own or control independent third parties. Their services may be governed by separate terms and privacy policies.

To the fullest extent permitted by law, MyPeps is not responsible for an independent third party's availability, conduct, content, security, accuracy, products, delays, errors, or omissions.

A link or integration does not necessarily constitute an endorsement.

27. Platform Availability and Changes

MyPeps does not guarantee that the Platform will always be available, secure, or error-free.

Access may be interrupted because of maintenance, updates, technical problems, cybersecurity events, third-party failures, legal requirements, or circumstances beyond our control.

MyPeps may modify, suspend, discontinue, or replace Platform features at any time. When required by law, we will provide appropriate notice of material changes affecting paid Services.

You are responsible for maintaining compatible hardware, software, internet access, and security protections.

28. Suspension and Termination

You may stop using the Platform at any time. Account closure does not eliminate payment obligations or permit destruction of records that must be retained by law.

MyPeps may restrict, suspend, or terminate your access when reasonably necessary, including when:

• You violate these Terms;
• Information you provide is inaccurate or fraudulent;
• You threaten or abuse another person;
• Payment is declined or disputed;
• Medication misuse or diversion is suspected;
• Continued access creates a legal, clinical, privacy, or security risk;
• MyPeps is required to do so by law; or
• The applicable Services are discontinued.

Termination of Platform access does not require a Provider to continue treatment. However, Providers will remain subject to applicable professional and patient-care obligations.

Sections that by their nature should survive termination will remain effective, including payment obligations, intellectual-property provisions, warranty disclaimers, limitations of liability, indemnification, and dispute-resolution provisions.

29. No Guarantee of Results

Healthcare outcomes vary between individuals.

Neither MyPeps nor any Provider guarantees:

• Weight loss;
• Increased muscle mass;
• Improved energy;
• Increased longevity;
• Improved sexual performance;
• Symptom resolution;
• Improved laboratory values;
• Prevention or cure of disease;
• Athletic or cognitive enhancement;
• Eligibility for a prescription; or
• Any other particular outcome.

Educational materials, testimonials, projections, examples, and AI-generated insights are not promises of results.

30. Disclaimer of Warranties

MYPEPS DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND ERROR-FREE OPERATION.

MYPEPS DOES NOT WARRANT THAT:

• THE PLATFORM WILL BE UNINTERRUPTED OR SECURE;
• ERRORS WILL BE CORRECTED;
• INFORMATION WILL ALWAYS BE COMPLETE OR CURRENT;
• THIRD-PARTY SERVICES WILL BE AVAILABLE;
• AI-GENERATED INFORMATION WILL BE ACCURATE;
• ANY PROVIDER WILL ISSUE A PRESCRIPTION; OR
• THE SERVICES WILL PRODUCE A PARTICULAR RESULT.

THESE DISCLAIMERS APPLY ONLY TO THE EXTENT PERMITTED BY LAW AND DO NOT ELIMINATE RIGHTS THAT CANNOT LEGALLY BE WAIVED.

31. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MYPEPS AND ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR LOSS OF BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO THE PLATFORM OR THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY LAW, MYPEPS WILL NOT BE LIABLE FOR THE INDEPENDENT PROFESSIONAL JUDGMENT, MEDICAL NEGLIGENCE, OR CLINICAL ACTS OR OMISSIONS OF A PROVIDER OR CLINICAL ENTITY.

NOTHING IN THESE TERMS IS INTENDED TO LIMIT A PROVIDER'S OR CLINICAL ENTITY'S LIABILITY WHEN THAT LIABILITY CANNOT LEGALLY BE LIMITED.

TO THE FULLEST EXTENT PERMITTED BY LAW, MYPEPS' TOTAL LIABILITY FOR CLAIMS ARISING FROM THE PLATFORM OR NON-CLINICAL SERVICES WILL NOT EXCEED THE GREATER OF:

1. The amount you paid directly to MyPeps for the applicable non-clinical Services during the twelve months before the event giving rise to the claim; or
2. One hundred dollars.

Some jurisdictions do not permit certain liability limitations. In those jurisdictions, these limitations apply only to the maximum extent legally permitted.

32. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless MyPeps and its affiliates, owners, officers, directors, employees, contractors, licensors, and service providers from third-party claims, liabilities, damages, judgments, losses, and reasonable legal expenses arising from:

• Your unlawful use or misuse of the Platform;
• Your violation of these Terms;
• False or misleading information you submit;
• Your infringement of another person's rights;
• Your unauthorized use, transfer, or distribution of prescribed medication;
• Content you submit; or
• Your intentional misconduct or fraud.

MyPeps may control the defense of a covered claim, and you agree to reasonably cooperate. You may not settle a covered claim in a manner that imposes liability or obligations on MyPeps without written approval.

This provision does not require you to indemnify a party for conduct that cannot legally be indemnified.

33. Informal Dispute Resolution

Before initiating arbitration or litigation, you and MyPeps agree to attempt to resolve the dispute informally.

A party asserting a dispute must send written notice describing:

• The party's name and contact information;
• The relevant account information;
• The facts supporting the dispute;
• The legal basis of the claim, if known; and
• The requested resolution.

Notices to MyPeps must be sent to:

MyPeps LLC
Attn: Legal Department

The parties will have sixty days after receipt of a complete notice to attempt to resolve the dispute. Applicable limitation periods will be paused during this informal-resolution period to the extent permitted by law.

34. Binding Individual Arbitration

Except for claims eligible for small-claims court and requests for temporary relief concerning unauthorized access, security, confidentiality, or intellectual property, you and MyPeps agree that disputes arising from or relating to these Terms, the Platform, or the non-clinical Services will be resolved through final and binding individual arbitration.

The Federal Arbitration Act will govern the interpretation and enforcement of this arbitration agreement.

Arbitration will be administered by the American Arbitration Association under its applicable Consumer Arbitration Rules, unless the parties agree to another provider.

The arbitration may take place by video, telephone, document submission, or at a reasonably convenient location, as determined under the applicable rules.

A single neutral arbitrator will decide the dispute. The arbitrator may award the same individual remedies that would be available in court, subject to these Terms and applicable law.

Nothing in this arbitration provision is intended to require arbitration of a claim when applicable law prohibits pre-dispute arbitration of that claim.

35. Class-Action and Jury-Trial Waiver

YOU AND MYPEPS AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION.

Unless all parties agree in writing, an arbitrator may not combine the claims of multiple individuals or preside over a class, collective, mass, or representative proceeding.

TO THE EXTENT A DISPUTE IS PERMITTED TO PROCEED IN COURT, YOU AND MYPEPS WAIVE THE RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.

Questions concerning the enforceability of the class-action waiver will be decided by a court of competent jurisdiction when required by law.

36. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs the arbitration provisions.

For disputes not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in United States in Delaware, unless applicable law requires another location.

The choice of Delaware law does not deprive a consumer of mandatory protections provided by the law of the consumer's state of residence.

37. Changes to These Terms

MyPeps may update these Terms periodically.

When changes are made, MyPeps will post the revised Terms and update the “Last Updated” date. Material changes may also be communicated through email, account notification, or another legally sufficient method.

Changes will apply prospectively unless otherwise permitted by law.

Your continued use of the Services after the effective date of updated Terms constitutes acceptance when legally permitted. When affirmative consent is required, MyPeps will request it.

38. General Terms

Entire Agreement

These Terms, the Privacy Policy, applicable Notice of Privacy Practices, telehealth consent, payment authorizations, treatment consents, and other terms presented for a specific Service constitute the agreement governing your use of the Services.

Clinical consent documents control regarding the medical treatment addressed in those documents.

Severability

If any provision is found invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will continue in effect.

No Waiver

Failure to enforce a provision does not waive the right to enforce it later.

Assignment

You may not assign these Terms without MyPeps' written consent. MyPeps may assign these Terms in connection with a merger, financing, acquisition, corporate reorganization, sale of assets, or transfer of the applicable business, subject to applicable law.

Force Majeure

MyPeps is not responsible for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, public-health emergencies, labor disruptions, internet outages, cyberattacks, government actions, pharmacy shortages, carrier delays, or failures of third-party systems.

Headings

Headings are provided for convenience and do not limit the meaning of these Terms.

No Third-Party Beneficiaries

Except where these Terms expressly provide otherwise, they do not create rights for third parties.

39. Contact Information

Questions about these Terms may be directed to:

40. User Acknowledgment

By clicking “I Agree,” creating an account, purchasing a Service, or continuing to use the Platform, you acknowledge that:

1. You have read and understood these Terms;
2. You agree to be legally bound by them;
3. You understand that MyPeps provides technology and administrative services and that medical decisions are made by licensed Providers;
4. You understand that registration or payment does not guarantee a prescription;
5. You consent to receiving Clinical Services through telehealth;
6. You understand the potential risks and limitations of telehealth;
7. You understand that compounded medications, when prescribed, are not FDA-approved;
8. You agree to provide accurate and complete health information;
9. You authorize the applicable recurring charges when enrolling in a subscription; and
10. You understand and accept the arbitration and class-action waiver provisions, subject to applicable law.