Member Terms of Use

1. Acceptance of Terms

• Medici Biologics, Inc. dba Medici Peptides ("Medici Peptides") provides access to an online, web-based platform and related components that facilitate physician-led evaluation, consultation, and prescription services for peptide therapies and wellness purposes, as well as other health-related features (collectively, the "Platform"). Your access to or use of the Platform is subject to these Member Terms of Use (the "Member TOU"). Medici Peptides may update the Member TOU at any time, in its sole discretion. The current version is always available at the URL for this page or via the "Terms of Use" link within the Platform. BY CLICKING "I AGREE," REGISTERING FOR AN ACCOUNT, OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THE MEMBER TOU. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM.
• PLEASE REVIEW THE MEMBER TOU CAREFULLY. IT IMPOSES BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS. ALL DISPUTES OR CLAIMS ARISING FROM OR RELATING TO THE MEMBER TOU OR YOUR USE OF THE PLATFORM (EACH, A "CLAIM") WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS - NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. PLEASE REVIEW SECTION 19 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS.
• You represent and warrant that you are: (i) at least 21 years of age and legally authorized to make purchases, including subscriptions; and (ii) not a person barred from accessing or using the Platform under applicable law. The Platform is not intended for persons under 21, and no person under 13 may use the Platform or provide any personal information under any circumstances, consistent with the Children's Online Privacy Protection Act (COPPA). If we learn that we have collected personal information from a child under 13, we will delete it promptly.

2. Other Agreements and Terms

• Your use of the Platform is also subject to the Medici Peptides Privacy Policy (available at www.medicipeptides.com), the Patient Consent (HIPAA Authorization & Telehealth Informed Consent), and any other usage or operational policies made available to you by Medici Peptides (collectively, the "Additional Terms"). The Privacy Policy and Patient Consent are incorporated into these Member TOU by reference.
• By accessing or using the Platform, you acknowledge that: (i) Medici Peptides may receive personal information about you and may collect, use, disclose, store, and process that information in accordance with the Member TOU and Additional Terms; and (ii) technical processing and transmission of data associated with the Platform may require transmissions over various networks.

3. Platform Only; Clinical Services

• Medici Peptides is a technology company. It provides a web-based platform that facilitates physician-led health interactions and information exchange. Medici Peptides does not itself practice medicine or provide medical services.
• All medical services made available through the Platform - including treatment decisions and the issuance of prescriptions - are provided solely by licensed, independent physicians and occur only in accordance with applicable law.
• Medici Peptides does not control, direct, or interfere with any professional or clinical judgment exercised by physicians.
• No particular results from use of the Platform can be guaranteed or assured. Individual outcomes from peptide therapies may vary.
• Technology-Enabled Functionality. The Platform may use automated or AI-enabled processes to support intake, triage, and operations. These processes do not independently diagnose conditions, prescribe medications, or make treatment decisions. All prescribing and clinical decisions are made exclusively by licensed physicians. For details on how AI features are implemented and how your data is handled in that context, please review the "Use of Artificial Intelligence" section of the Privacy Policy.
• Emergency Care. The Platform is not intended for medical emergencies. If you believe you are experiencing an emergency, call emergency services or seek immediate in-person care.
• Compounded Peptides. Compounded peptide therapies dispensed through the Platform are prepared by state-licensed and/or FDA-registered compounding pharmacies. Such products are not FDA-approved drugs. By using the Platform, you acknowledge this distinction.

4. Registration and Account

• When registering for an account, you agree to: (i) provide true, accurate, current, and complete information as prompted by the registration and intake forms (the "Registration Data"); (ii) permit Medici Peptides to obtain Registration Data from practice management and electronic health record software; and (iii) keep your Registration Data current and accurate. Medici Peptides may suspend or terminate your account if it reasonably suspects any information you have provided is false or inaccurate.
• You may not share your account or password with anyone other than a designated family member caregiver or other caregiver you have selected to assist you (each a "Member-Designated Caregiver"). You are fully responsible for all activity under your account. Notify Medici Peptides promptly upon becoming aware of any unauthorized access or security breach.
• If your account remains inactive for six months or longer, Medici Peptides reserves the right to suspend or terminate the account and delete non-medical account data, subject to applicable HIPAA, state medical records retention requirements, and any other applicable legal obligations. Protected health information and prescription records will be retained for the minimum period required by law, regardless of account activity status.

5. Grant of Rights

• Medici Peptides grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to: (i) access and view pages within the Platform via a supported web browser; and (ii) access and use online software and other components within the Platform only in the form made accessible by Medici Peptides.
• All rights granted to you are subject to your compliance with the Member TOU (including Additional Terms) and may only be exercised for your personal, non-commercial use.

6. Third-Party Components and External Materials

• Some Platform components may incorporate third-party software licensed under open source or other third-party terms ("Third-Party Components"). Those components are governed by their respective license agreements. For more information, contact legal@medicipeptides.com.
• The Platform may contain links to third-party websites or resources ("External Materials"). Medici Peptides does not endorse and is not responsible for any content, products, services, or other materials available through External Materials. You are responsible for reviewing and complying with any applicable terms and privacy policies.

7. Telehealth Services

• By using the telehealth features of the Platform, you consent to receive medical services via electronic communications, including asynchronous messaging and, where available, synchronous video or audio consultation. Your telehealth consent is governed by the Patient Consent document, which is incorporated into these Member TOU by reference.
• Telehealth services may not be appropriate for all conditions. Physicians retain sole discretion to determine whether a telehealth encounter is clinically appropriate and whether to issue a prescription. Medici Peptides does not guarantee that any consultation will result in a prescription.
• Laws governing telehealth and the prescribing of compounded peptides vary by state. Certain services may not be available in all jurisdictions. Medici Peptides will notify you if services are unavailable in your state.
• You agree to provide accurate and complete information regarding your health history, current medications, and symptoms. Providing inaccurate or incomplete information may result in inappropriate medical recommendations and may expose you to health risks for which Medici Peptides and its affiliated physicians bear no liability.

8. Responsibility for Data

• All information, data, text, software, images, videos, messages, and other materials accessible through the Platform ("Data") are the sole responsibility of the person from whom they originated. You - not Medici Peptides - are entirely responsible for all Data you, or a Member-Designated Caregiver on your behalf, upload, submit, transmit, or otherwise make available through the Platform ("Your Data").
• Medici Peptides has no obligation to pre-screen Data but reserves the right to refuse or remove any Data that violates the Member TOU.
• You represent and warrant that: (i) you have all necessary rights to grant the rights set forth in the Member TOU with respect to Your Data; (ii) you consent to the use, disclosure, and analysis of Your Data as contemplated in the Member TOU; and (iii) Your Data does not violate any duty of confidentiality, copyright, trademark, right of privacy, right of publicity, or any other right of any party.
• HIPAA. Medici Peptides operates as a HIPAA-covered entity and/or business associate, as applicable, in connection with providing the Platform. Medici Peptides will receive, process, and store protected health information ("PHI") in accordance with applicable federal and state privacy laws, including HIPAA and HITECH. Your PHI will be handled in accordance with the Medici Peptides Notice of Privacy Practices, available on the Platform and incorporated into these Terms by reference.

9. Rights to Data

• Medici Peptides does not claim ownership of Your Data. You grant Medici Peptides and its service providers a worldwide, royalty-free, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, perform, display, and distribute Your Data to: (i) provide you with access to the Platform and related medical services in accordance with applicable law; (ii) perform analysis and disclose results to you and authorized recipients (including licensed physicians and dispensing pharmacies); and (iii) improve the Platform.
• To the extent Your Data has been made accessible to others through the Platform, Medici Peptides may continue to make it accessible even after account termination or deletion, subject to applicable HIPAA retention requirements.
• As between Medici Peptides and you, Medici Peptides owns all rights, title, and interest in the Platform and all improvements and modifications thereto (excluding Your Data). The Platform is protected by U.S. and international intellectual property laws. All rights not expressly granted to you are reserved.
• Medici Peptides may collect or generate de-identified, aggregated data in connection with your use of the Platform ("Aggregate Data"). You grant Medici Peptides a perpetual, irrevocable, worldwide, royalty-free license to use Aggregate Data for any lawful purpose. "Aggregate Data" means data de-identified in a manner consistent with HIPAA de-identification standards that cannot reasonably be used to identify you.

10. User Conduct

In connection with your access to or use of the Platform, you may not:

• Upload, submit, or transmit any Data that: (i) is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of privacy, or otherwise objectionable; (ii) you are prohibited from disclosing under applicable law or a contractual obligation; (iii) infringes any intellectual property right; (iv) constitutes spam or unsolicited advertising; (v) contains malicious code; or (vi) is false or misleading, including false health information;
• Reproduce, modify, distribute, or create derivative works from the Platform;
• Reverse engineer, decompile, or otherwise attempt to derive the source code of any Platform software;
• Remove or obscure any proprietary notice on the Platform;
• Access the Platform to develop, market, or distribute any competing product or service;
• Rent, lease, sell, or sublicense the Platform or provide access to it as a service bureau;
• Impersonate any person or entity, including Medici Peptides personnel or affiliated physicians;
• Impose an unreasonable load on the Platform or interfere with its operation;
• Use automated tools to scrape or archive the Platform; or
• Violate any applicable federal, state, or local law or regulation, including those governing telehealth, the practice of medicine, or the dispensing of prescription medications.

11. Suggestions

If you provide Medici Peptides with any feedback, ideas, or suggestions relating to the Platform ("Suggestions"), you grant Medici Peptides a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable license to use, reproduce, modify, and distribute those Suggestions in any medium, without credit or compensation to you.

12. Modifications to the Platform; Availability

Medici Peptides may modify, suspend, or discontinue the Platform at any time, with or without notice, without liability to you or any third party. Updates may be deployed automatically without additional notice. The Platform requires an internet connection, and outages may occur.

13. Subscriptions and Payments

• Access to certain Platform features, including consultations and prescription fulfillment services, may require a paid subscription or other purchase. By providing payment information, you authorize Medici Peptides or its payment processor to charge applicable fees to your payment method. Payment card data is handled exclusively by our PCI-compliant payment processor and is not stored on Medici Peptides' servers.
• Subscriptions automatically renew at the end of each billing period unless canceled at least 24 hours before the renewal date. You may manage or cancel your subscription at any time through your account settings at www.medicipeptides.com or by contacting us at legal@medicipeptides.com.
• We do not offer refunds for unused portions of a subscription period, except as required by applicable law or as described in the 7-Day Membership Satisfaction Guarantee below. Free trials, if offered, convert automatically to paid subscriptions unless canceled at least 24 hours before the trial ends.
• All fees are exclusive of applicable taxes. You are responsible for all taxes associated with your purchases.
• 7-Day Membership Satisfaction Guarantee. Medici Peptides offers a 7-day satisfaction guarantee on the membership subscription fee only. To qualify, you must: (a) submit your refund request within 7 calendar days of your original subscription purchase date; (b) not be satisfied with the Medici Peptides service; and (c) have no active peptide order at the time of your request. The guarantee applies to the membership fee only and does not extend to peptide products, prescriptions, laboratory services, shipping, or any treatment-related charges. Product access depends on clinical approval, state availability, and fulfillment coverage. To request a refund under this guarantee, contact us at support@medicipeptides.com.

14. SMS Notifications

By providing a mobile phone number and opting in to SMS communications during registration or through your account settings, you consent to receive transactional and notification text messages from Medici Peptides via automated messaging systems, including messages delivered through Twilio, Inc. as our third-party SMS provider.

Message types

• Order confirmations and status updates
• Shipping notifications and delivery updates
• Consultation and appointment reminders
• One-time passcodes (OTP) and account verification codes
• Account alerts and platform notifications

SMS notifications are transactional only. Medici Peptides does not send marketing or promotional messages via SMS.

Message and data rates may apply. Message frequency varies based on account activity.

Opt-out

• You may opt out of SMS notifications at any time by replying STOP to any message you receive from us. Standard opt-out keywords are also accepted: END, CANCEL, UNSUBSCRIBE, QUIT. For help, reply HELP to any message you receive from us.
• Upon receipt of your opt-out request, one final confirmation message will be sent. No further SMS messages will be sent after that, except as required by law.
• Opting out of SMS notifications does not affect your ability to access the platform or receive care. Consent to SMS is not a condition of service.

Opt-in and re-subscription

• You may re-subscribe to SMS notifications at any time by replying START to our number or by updating your notification preferences in your account settings.
• Proof of your opt-in consent is retained in accordance with Twilio messaging policy requirements and applicable law, for as long as required or until you withdraw consent. For details on how your mobile number and opt-in data are handled, please refer to the Medici Peptides Privacy Policy at www.medicipeptides.com.

15. Indemnification

You agree to indemnify, defend, and hold harmless Medici Peptides and its affiliates, parent companies, officers, directors, employees, agents, affiliated physicians, and licensors (collectively, the "Medici Peptides Parties") from and against any claim, loss, damage, cost, or expense (including reasonable attorneys' fees) arising from or relating to: (a) Your Data; (b) your use of the Platform; (c) your violation of the Member TOU, any law, or any third-party rights; or (d) any false or inaccurate health information you provide through the Platform.

16. Disclaimer of Warranties

• YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MEDICI PEPTIDES PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY LIABILITY ARISING FROM THIRD-PARTY COMPONENTS, EXTERNAL MATERIALS, COMPOUNDING PHARMACIES, OR OTHER PRODUCTS OR SERVICES NOT PROVIDED DIRECTLY BY MEDICI PEPTIDES.
• THE MEDICI PEPTIDES PARTIES MAKE NO WARRANTY THAT: (i) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) ANY RESULTS OBTAINED THROUGH THE PLATFORM, INCLUDING MEDICAL CONSULTATION OR TREATMENT OUTCOMES, WILL BE ACCURATE, RELIABLE, OR COMPLETE.
• COMPOUNDED PEPTIDE PRODUCTS AVAILABLE THROUGH THE PLATFORM ARE NOT FDA-APPROVED. MEDICI PEPTIDES MAKES NO REPRESENTATION REGARDING THE SAFETY, EFFICACY, OR APPROPRIATENESS OF ANY COMPOUNDED PEPTIDE THERAPY FOR YOUR INDIVIDUAL CIRCUMSTANCES.

17. Limitation of Liability

• THE MEDICI PEPTIDES PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MEDICI PEPTIDES PARTIES' TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (i) $100 OR (ii) THE TOTAL FEES PAID BY YOU TO MEDICI PEPTIDES IN THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
• MEDICI PEPTIDES IS NOT RESPONSIBLE FOR CLINICAL OR PRESCRIBING DECISIONS MADE BY LICENSED PHYSICIANS THROUGH THE PLATFORM. SUCH DECISIONS ARE MADE SOLELY BY LICENSED PHYSICIANS IN ACCORDANCE WITH APPLICABLE LAW AND THEIR INDEPENDENT PROFESSIONAL JUDGMENT.
• Certain state laws do not allow limitations on implied warranties or exclusions of certain damages. If those laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.

18. Termination

• If you violate the Member TOU, all rights granted to you terminate immediately, with or without notice.
• Upon termination for any reason: (i) you must immediately cease using the Platform; (ii) Medici Peptides may delete Your Data and your user account, subject to applicable HIPAA, state medical records retention requirements, and other applicable legal obligations; (iii) provisions intended to survive termination will do so; and (iv) all other rights granted to you terminate.
• If your membership is terminated by Medici Peptides due to a violation of these Member Terms of Use, including but not limited to the provision of false, misleading, or incomplete information, no refund will be issued for any unused portion of your subscription period, whether monthly or annual. Any outstanding orders at the time of termination will be cancelled and handled in accordance with the applicable refund policy.

19. Governing Law

The Member TOU is governed by the United States Federal Arbitration Act, other applicable federal law, and the laws of the State of Texas, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20. Binding Arbitration and Class Action Waiver

• ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (FOR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THAT COURT'S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
• Arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial or Consumer Arbitration Rules (available at adr.org). A single independent, neutral arbitrator will conduct the proceedings in English. Any in-person hearing will be held in Austin, Texas, or another reasonably convenient location as determined by the arbitrator. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.
• YOU AND MEDICI PEPTIDES EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS - NOT IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL, AND THE CLAIM WILL BE HEARD ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS.
• Nothing in this section prevents either party from seeking injunctive or other equitable relief from any court to protect intellectual property rights, whether in aid of or independently of any arbitration.
• Any material change to this Section 19 will not apply to any Claim for which you provided written notice to Medici Peptides before the change took effect.

21. Legal Compliance

You represent and warrant that you are not: (a) located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; or (b) listed on any U.S. Government list of prohibited or restricted parties. You also represent that your use of the Platform complies with all applicable federal, state, and local laws, including those governing telehealth and the receipt of prescription medications.

22. No Third-Party Beneficiaries

Except for the Medici Peptides Parties, there are no third-party beneficiaries to the Member TOU.

23. California Users and Residents

In accordance with California Civil Code §1789.3, California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; telephone (800) 952-5210; or via dca.ca.gov/about_us/contactus.shtml. For additional California privacy rights, including those under California Civil Code §1798.83 and the California Consumer Privacy Act, please refer to the Privacy Policy.

24. General Provisions

The Member TOU (together with the Additional Terms) is the entire agreement between you and Medici Peptides regarding your use of the Platform and supersedes all prior agreements on the same subject. In any conflict between the Member TOU and Additional Terms, the Member TOU governs. The Member TOU may not be amended by you except in a writing signed by both parties. You may not assign any right or obligation under the Member TOU without Medici Peptides' prior written consent. Medici Peptides may assign freely. Failure to enforce any provision is not a waiver of that provision. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions continue in full force. Medici Peptides is excused from performance to the extent delayed or prevented by causes beyond its reasonable control, including natural disasters, war, terrorism, governmental action, epidemic, pandemic, or infrastructure failure.

Contact

Questions about these Member Terms of Use may be directed to:

Medici Biologics, Inc. dba Medici Peptides Medici Biologics, Inc., 4330 Gaines Ranch Loop, Suite 230, Austin, TX 78735 Email: legal@medicipeptides.com • Website: www.medicipeptides.com