Legal

Terms of Use

Effective Date: July 1, 2026
Last Updated: July 1, 2026

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION PROVISION AND A CLASS ACTION AND JURY TRIAL WAIVER (SECTION 25) THAT AFFECT YOUR LEGAL RIGHTS. UNLESS YOU OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 25, YOU AND THE COMPANY AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION AND TO GIVE UP THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION.

SURPASSMD IS NOT A MEDICAL PRACTICE OR A PHARMACY AND DOES NOT PROVIDE MEDICAL ADVICE OR TREATMENT. Medical services are provided by independent, licensed healthcare providers, and medications are dispensed by independent, licensed pharmacies. If you are experiencing a medical emergency, call 911 immediately.

1. Acceptance of These Terms

These Terms of Use (the “Terms”) are a binding legal agreement between you (“you,” “your,” or “User”) and Life Vitality LLC, a Delaware limited liability company doing business as SurpassMD (“SurpassMD,” the “Company,” “we,” “us,” or “our”). The Terms govern your access to and use of the surpassmd.com website, our mobile and web applications, and all related content, products, and services we make available (collectively, the “Services”).

By accessing or using the Services, creating an account, completing an intake or eligibility questionnaire, or purchasing any product or subscription, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Consumer Health Data Privacy Policy, our Medical Consent, and all other policies referenced in these Terms, each of which is incorporated by reference. If you do not agree to these Terms, do not use the Services.

2. About SurpassMD; No Practice of Medicine or Pharmacy

SurpassMD is a technology and administrative platform. We operate a website and software that help connect you with an independent professional medical corporation and its licensed healthcare providers (the “Provider” or “Providers”) and with independent, licensed pharmacies (the “Pharmacies”). SurpassMD does not practice medicine, does not provide medical, nursing, pharmacy, diagnostic, or other professional healthcare services, and does not engage in the dispensing of any medication.

The Providers and Pharmacies are independent third parties. They are not employed by, controlled by, or agents of SurpassMD. SurpassMD does not control, direct, or interfere with the exercise of any Provider’s independent professional medical judgment or any Pharmacy’s professional judgment, and SurpassMD is not responsible for the acts or omissions of any Provider or Pharmacy. All decisions regarding diagnosis, treatment, prescribing, and dispensing are made solely by the applicable Provider or Pharmacy.

3. Eligibility

To use the Services, you must: (a) be at least 18 years of age; (b) be physically located in a U.S. state or the District of Columbia in which the Services are then available; (c) be capable of forming a binding contract; and (d) provide accurate, current, and complete information when requested. The Services are intended only for residents of the United States and are not directed to anyone under the age of 18. Because the Services are cash-pay and are not covered by any government healthcare program, the Services are not available to individuals enrolled in Medicare or Medicaid. You represent and warrant that you meet these requirements and that all information you provide is truthful and accurate. We may refuse, suspend, or terminate access to the Services to any person at any time, with or without cause, to the fullest extent permitted by law.

4. The Services and the Relationship of the Parties

Through the Services, you may: complete an online intake or eligibility questionnaire; have that information made available to a Provider for review; if clinically appropriate and in the Provider’s sole discretion, receive a consultation, evaluation, or prescription; and, if a prescription is issued, have a medication dispensed and shipped to you by a Pharmacy. The Company’s role is limited to providing the technology platform and non-clinical administrative, billing, and support services that facilitate these connections.

You acknowledge and agree that: (a) the Company is not a party to, and assumes no responsibility for, the provider-patient relationship between you and any Provider; (b) the Company is not a party to, and assumes no responsibility for, any dispensing relationship between you and any Pharmacy; (c) payment to the Company does not guarantee that any Provider will evaluate you, that any prescription will be issued, or that any medication will be dispensed; and (d) the Provider may determine that the requested product or any treatment is not appropriate for you.

5. No Medical Advice; No Provider-Patient Relationship With the Company

Content made available through the Services, including text, graphics, questionnaires, and other materials provided by the Company, is for general informational and administrative purposes only and does not constitute medical advice. Using the Services and communicating with the Company does not create a provider-patient relationship between you and the Company. Always seek the advice of a qualified healthcare professional with any questions you have regarding a medical condition, and never disregard or delay seeking professional medical advice because of something you have read or received through the Services.

Emergencies. The Services are not designed for use in medical emergencies. If you think you may have a medical emergency, call 911 or go to the nearest emergency room immediately. Do not rely on the Services for urgent or emergency care.

6. Telehealth and Informed Consent

Medical services offered through the Services are provided via telehealth, meaning the remote delivery of healthcare using electronic communications. Before receiving services, you will be asked to review and agree to a telehealth informed consent and related consents (together, the “Medical Consent”). You will also be required, before treatment, to review and accept the treating professional medical corporation’s telehealth consent and Notice of Privacy Practices, available here and here. The identity of the professional medical corporation and the licensed providers responsible for your care is provided to you during intake and is available on request. Telehealth has potential benefits and risks, including that information transmitted may not be sufficient to allow for appropriate decision-making, that delays may occur due to technology failures, and that security protocols could fail. By using the Services, you consent to receive care via telehealth and acknowledge these benefits and risks.

7. Prescriptions; No Guarantee of Treatment

Only a Provider can determine whether a prescription is appropriate for you, and only after reviewing your information. A prescription is never guaranteed. The Provider may decline to issue a prescription, may prescribe a different product, strength, formulation, or dosing schedule than you requested, or may discontinue treatment at any time based on the Provider’s independent clinical judgment. You agree to provide complete and accurate health information and to follow the Provider’s instructions. Withholding information or providing false information may result in serious harm to your health and may result in termination of the Services.

Controlled substances. Some products that may be prescribed through the Services, including testosterone, are controlled substances regulated under the federal Controlled Substances Act, the federal Ryan Haight Act, U.S. Drug Enforcement Administration (DEA) rules, and the controlled-substance and telehealth laws of each state, all as in effect from time to time. The availability of controlled-substance treatment depends on your state of residence and your physical location at the time of your consultation, and it may not be available in all states or to all patients. A Provider will prescribe a controlled substance only where permitted by, and in compliance with, applicable federal and state law, and only after any evaluation those laws require, which depending on your state may include laboratory testing, identity verification, review of state prescription drug monitoring program (PDMP) records, ongoing clinical monitoring, or an in-person medical examination. A controlled-substance prescription is never guaranteed, early or replacement refills may be limited or unavailable, and we may limit, suspend, or decline to offer controlled-substance services in any state at any time in order to maintain legal compliance. You confirm that you are physically located in the state you identify to us, you agree to complete any steps your state requires, and you must use any controlled substance only as prescribed and only for yourself. You agree not to misuse, divert, share, sell, or transfer any controlled substance; doing so is unlawful, will result in termination of the Services, and may be reported to authorities.

8. Compounded Medications; Important Regulatory Disclosures

Certain products that may be prescribed through the Services are compounded medications. Compounded drugs are prepared by a licensed pharmacy for an individual patient pursuant to a valid prescription. Compounded medications are not approved by the U.S. Food and Drug Administration (FDA). The FDA does not review compounded drugs for safety, effectiveness, or quality before they are marketed. Whether a particular compounded medication may lawfully be prescribed and dispensed to you depends on the specific pharmacy, your prescription, your individual clinical need, and applicable federal and state requirements governing compounding, including Sections 503A and 503B of the Federal Food, Drug, and Cosmetic Act. Compounded medications are not generic equivalents of, and have not been determined to be therapeutically equivalent or interchangeable with, any FDA-approved product.

A compounded medication you receive may differ in appearance, packaging, inactive ingredients, or other characteristics from any product depicted or described on the Services or from any FDA-approved brand-name product. References on the Services to brand-name products are for identification and informational purposes only; the Company and the Providers are not affiliated with, endorsed by, or sponsored by the manufacturers of any brand-name product, and all trademarks are the property of their respective owners.

9. Important Safety Information; Assumption of Risk

All medications carry risks, including the risk of serious side effects. Before using any medication, you should review the Important Safety Information made available through the Services and the information provided to you by your Provider and Pharmacy, and you should disclose your complete medical history to your Provider. Certain medications that may be prescribed, including GLP-1 receptor agonist medications such as semaglutide and tirzepatide, carry significant warnings, including a boxed warning regarding the risk of thyroid C-cell tumors. These medications are contraindicated for certain individuals.

You voluntarily assume all risks associated with the use of any product or service obtained through the Services, including risks associated with telehealth, compounded medications, and self-administration of medication, to the fullest extent permitted by law. Results are not guaranteed and individual results vary.

10. Subscriptions, Billing, and Automatic Renewal

Subscription terms. Certain Services are offered on a recurring subscription basis. When you enroll in a subscription, you authorize the Company (and its payment processors) to charge your designated payment method on a recurring basis according to the billing cycle, term length, and price disclosed to you at the time of enrollment, plus any applicable taxes and fees, until you cancel.

Automatic renewal. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE FOR A SUBSEQUENT CYCLE OF THE SAME LENGTH, AND YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED THE THEN-CURRENT PRICE FOR THAT CYCLE, UNLESS AND UNTIL YOU CANCEL. Billing begins when you submit your intake for Provider review or at such other time as is disclosed to you at enrollment. You may cancel at any time to stop future renewals, as described in Section 11. We may, where permitted, process billing and shipment a reasonable number of days before a renewal date to help avoid gaps in your treatment; once the medication for a billing period has been ordered or shipped, that period’s charge is handled under the refund policy in Section 12.

Price changes. We may change subscription prices and the contents of a subscription. We will provide notice of a material price increase before it takes effect, and the new price will apply to the next billing cycle after the notice period. Your continued use of the subscription after a price change takes effect constitutes your acceptance of the new price. If you do not agree, you may cancel as described in Section 11.

Your acknowledgment. By enrolling, you acknowledge that, before you were charged, the automatic-renewal terms, the recurring charge amount and frequency, the length of the term, and the method to cancel were presented to you in a clear and conspicuous manner, and that you affirmatively agreed to them. After you enroll, we will send you an acknowledgment that includes these terms and information on how to cancel, in a form you can retain. These practices are intended to comply with the federal Restore Online Shoppers’ Confidence Act and state automatic-renewal laws, including the California Automatic Renewal Law.

11. Cancellation

You may cancel a subscription at any time, for any reason, by logging into your account and selecting “Cancel Subscription,” or by emailing support@surpassmd.com. You may cancel online, by yourself, without calling, without speaking to a representative, and without completing any steps beyond those used to enroll. Cancellation takes effect promptly and stops future renewals and charges. Cancelling does not by itself refund a charge already made, but you may request a refund as described in Section 12. California residents and residents of other states with applicable automatic-renewal laws may cancel using the methods above and are entitled to the protections those laws provide.

12. Refunds

Cancel anytime; refunds available. You may request a refund at any time and for any reason by emailing support@surpassmd.com. We will refund the charge for a billing period unless the medication for that period has already been ordered or shipped to you, in which case that period’s charge is non-refundable. Because federal and state law govern prescription medications, dispensed medications cannot be returned, resold, or refunded once they have been shipped.

Billing errors. If you were charged in error, such as a duplicate charge or a charge after you cancelled, we will refund the erroneous amount upon verification.

Damaged, defective, or incorrect shipments. If a medication arrives damaged, defective, or incorrect, contact us at support@surpassmd.com promptly. Subject to verification, the Pharmacy will replace the affected medication. Do not use any medication that may have been damaged or exposed to improper temperatures until the Pharmacy confirms it is safe to use (see Section 13).

Approved refunds are issued to your original payment method and are processed by the third-party payment processor that collected the charge.

13. Shipping and Delivery

Medications are shipped by the Pharmacy after a prescription is issued and processed. Shipping timeframes are estimates only and are not guaranteed. You are responsible for providing an accurate shipping address and for ensuring that a person authorized to receive the shipment is available where required. Temperature-sensitive medications must be stored and handled according to the instructions provided with them.

Your safety comes first. If a shipment is lost, significantly delayed, arrives damaged, or may have been exposed to temperatures outside the range required for the medication, do not use the medication. Contact us at support@surpassmd.com, and the Pharmacy will determine whether the medication is safe to use or must be replaced. This safety instruction applies regardless of any limitation on refunds or replacements in these Terms; you should never use a medication that may be unsafe.

14. Pricing, Payment, and Payment Authorization

All prices are in U.S. dollars and are exclusive of taxes unless stated otherwise. The Services are cash-pay only: charges are not billed to or reimbursed by any health insurance, Medicare, or Medicaid, and you agree not to submit any charge for the Services to Medicare, Medicaid, or any insurer. You represent that you are authorized to use the payment method you provide, and you authorize the Company and the third-party payment processor that collects payments for the program to charge that payment method for all amounts due, including recurring subscription charges. Charges may appear on your billing statement under a descriptor such as “OPNLP” or another descriptor disclosed to you at checkout. If a charge is declined or reversed, we may suspend or terminate the Services and pursue amounts owed. We and our payment processors do not store full payment card numbers.

15. Text Messaging and Telephone Contact Consent

By providing your telephone number, you agree that the Company, the Providers, the Pharmacies, and their service providers may contact you at that number, including by autodialed and prerecorded calls and text messages, for transactional, treatment-related, and (where you have opted in) marketing purposes. Consent to receive marketing communications is not a condition of purchasing any product or service. Message and data rates may apply, and message frequency varies. You may opt out of marketing text messages at any time by replying STOP, and you may reply HELP for help. Opting out of text messages may affect your ability to receive certain treatment and service notifications. Standard carrier message and data rates apply, and carriers are not liable for delayed or undelivered messages.

16. Electronic Communications and Consent to Electronic Records

You consent to receive communications, agreements, disclosures, and notices from us electronically, including by email, text message, and postings within the Services, and you agree that all such electronic communications satisfy any legal requirement that a communication be in writing. To access and retain electronic communications, you need a device with internet access, a current web browser, a valid email address, and the ability to view and save PDF files. You may request a paper copy of any communication at no charge, and you may withdraw your consent to receive communications electronically, by contacting support@surpassmd.com. Because the Services are provided electronically, requesting paper delivery or withdrawing electronic consent may delay or prevent your use of the Services. You are responsible for keeping your contact information current.

17. User Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss arising from your failure to safeguard your credentials. You may not share your account, transfer it, or allow another person to use it.

18. Acceptable Use; Prohibited Conduct

You agree not to, and not to attempt to:

• provide false, inaccurate, or misleading information, or impersonate any person or entity;
• use the Services to obtain medication for any person other than yourself, or to misuse, divert, resell, or distribute any medication;
• access the Services on behalf of anyone who does not meet the eligibility requirements;
• use the Services for any unlawful, fraudulent, or abusive purpose, or in violation of these Terms;
• interfere with, disrupt, or attempt to gain unauthorized access to the Services, accounts, or systems;
• introduce malware or other harmful code, or scrape, harvest, or use automated means to access the Services without our written permission; or
• infringe the intellectual property or other rights of the Company or any third party.

We may investigate and take any action we deem appropriate for any actual or suspected violation, including suspending or terminating your access and reporting conduct to law enforcement.

19. User Content and Submissions

You retain ownership of content you submit through the Services, but you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable license to use, host, store, reproduce, and process that content as necessary to operate and improve the Services and as otherwise permitted by our Privacy Policy. You represent that you have all rights necessary to grant this license and that your content does not violate any law or third-party right. We are not obligated to store or return your content and may remove content that violates these Terms.

20. Intellectual Property

The Services and all associated content, software, designs, text, graphics, logos, and trademarks (including the SurpassMD name and logo) are owned by the Company or its licensors and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use, subject to these Terms. All rights not expressly granted are reserved. You may not copy, modify, distribute, sell, or create derivative works from any part of the Services without our prior written consent.

21. Third-Party Services and Links

The Services may contain links to or integrations with third-party websites, products, or services, including those of Providers, Pharmacies, payment processors, and laboratories. We do not control and are not responsible for third-party services, and your use of them is governed by their own terms and policies. Reference to any third party is not an endorsement.

22. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY PARTICULAR HEALTH OR WEIGHT-LOSS OUTCOME WILL BE ACHIEVED. THE COMPANY MAKES NO WARRANTY REGARDING ANY PRODUCT, MEDICATION, OR SERVICE PROVIDED BY ANY PROVIDER OR PHARMACY.

23. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR FOR PERSONAL INJURY OR DEATH ARISING FROM THE ACTS OR OMISSIONS OF ANY PROVIDER OR PHARMACY, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO THE COMPANY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in such cases, liability is limited to the maximum extent permitted by law. These limitations are an essential basis of the bargain between you and the Company.

Limits on these limitations. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under the law that applies to you, including liability for fraud or fraudulent misrepresentation, for gross negligence or willful misconduct, or for death or personal injury caused by the Company’s own negligence. The waivers and limitations in Sections 22 and 23 apply only to the extent permitted by the law of your state of residence.

24. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, members, employees, agents, and affiliates, and the Providers and Pharmacies, from and against claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) your violation of any law or any right of a third party; (c) false, inaccurate, or incomplete information you provide; or (d) your misuse of, or failure to use as directed, any product or medication. This indemnity does not apply to the extent a claim arises from the Company’s own gross negligence or willful misconduct. We may assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate with us.

25. Dispute Resolution; Binding Arbitration; Class Action Waiver

Please read this Section 25 carefully. It affects your legal rights. This Section is governed by the Federal Arbitration Act.

Informal resolution first. Before initiating arbitration, you and the Company agree to try to resolve the dispute informally for at least 60 days. You must send a written Notice of Dispute to legal@surpassmd.com describing the dispute and the relief sought. If the dispute is not resolved within 60 days, either party may begin arbitration. This informal-resolution requirement is a condition precedent to arbitration, and any applicable limitations period is tolled during the process.

Agreement to arbitrate. Except as set out below, you and the Company agree that any dispute, claim, or controversy arising out of or relating to the Services or these Terms will be resolved by binding individual arbitration administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures then in effect. In no event will any arbitration be administered by the American Arbitration Association. The arbitration will be conducted in the English language and, at your election, will take place in the county of your residence, by telephone or videoconference, or on the basis of written submissions. If the amount in controversy is $25,000 or less, the arbitration may be conducted by documents only, by telephone, or by videoconference unless the arbitrator orders otherwise.

Arbitration fees. The Company will pay all NAM filing, administrative, and arbitrator fees for which the Company is responsible under NAM’s rules for consumer disputes or applicable law. If those rules do not allocate the fees, the Company will pay the filing and arbitrator fees for any claim seeking $25,000 or less. Each party is otherwise responsible for its own attorneys’ fees and costs, except where a statute or the arbitrator’s award provides otherwise.

Delegation. The arbitrator, and not any court, has exclusive authority to resolve all threshold issues, including the arbitrability, scope, enforceability, and validity of this Section 25, except that a court has authority to decide the enforceability of the Class Action Waiver below.

Class action and jury trial waiver. YOU AND THE COMPANY 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU AND THE COMPANY WAIVE ANY RIGHT TO A JURY TRIAL.

Public injunctive relief. Nothing in this Section waives any right you may have to seek public injunctive relief to the extent that such a waiver is prohibited by applicable law. If a court of competent jurisdiction finds that the law of your state allows a claim for public injunctive relief to be brought and that such a claim may not be waived or compelled to arbitration, then that claim (and only that claim) will be severed and may be brought in court, and any such claim will be stayed pending the completion of arbitration of your individual, arbitrable claims.

Effect if the class action waiver is unenforceable. The class action and jury trial waiver above is an essential part of this Section. If the class action waiver is found unenforceable as to a particular claim or request for relief, then that claim or request will be severed from arbitration and brought in a court of competent jurisdiction, and all other claims will continue to be resolved in arbitration. If the class action waiver is found unenforceable as to all of your claims, then the agreement to arbitrate (except for this sentence and the exceptions and opt-out below) will not apply to those claims, which will instead proceed in the courts identified in Section 26.

Mass arbitration / batching. If 25 or more similar Notices of Dispute are submitted by or with the coordination of the same or coordinated counsel, the claims will be administered in staged batches of no more than 50 at a time, with a single arbitrator and a single set of filing fees per batch, and the limitations period for unfiled claims will be tolled, in order to promote efficient and orderly resolution. The parties will cooperate in good faith with NAM to implement this batching process.

Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in court to protect intellectual property or confidential information. These exceptions do not waive the rest of this Section.

30-day right to opt out. You may opt out of this arbitration agreement (including the class action waiver) by sending written notice within 30 days after you first accept these Terms to legal@surpassmd.com, stating your name, the email associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms. If you do not opt out within 30 days, you are bound by this arbitration agreement.

26. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 25. For any claim that is not subject to arbitration, you and the Company agree to the exclusive jurisdiction of, and venue in, the state and federal courts located in New Castle County, Delaware, and you waive any objection to such venue. This choice of law and venue does not deprive you of the protection of any mandatory consumer-protection rights provided by the law of the state in which you reside that cannot be waived by agreement.

27. Time Limitation on Claims

To the fullest extent permitted by law, any claim arising out of or relating to the Services or these Terms must be filed within one (1) year after the claim arose; otherwise, the claim is permanently barred. This limitation does not apply to residents of jurisdictions that prohibit it.

28. Force Majeure

The Company is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, government action, labor disputes, supply or drug shortages, carrier delays, utility or network failures, or other events of force majeure.

29. Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent, and any attempted assignment in violation of this Section is void. We may freely assign these Terms, including in connection with a merger, acquisition, reorganization, or sale of assets.

30. Severability; Waiver; Survival

If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later. Provisions that by their nature should survive termination, including Sections 9, 12, and 18 through 31, will survive.

31. Third-Party Beneficiaries

The Providers and Pharmacies are intended third-party beneficiaries of these Terms, including the disclaimers, limitations of liability, assumption of risk, indemnification, and arbitration provisions, and may enforce those provisions against you. Except as stated in this Section, there are no third-party beneficiaries of these Terms.

32. Changes to the Services and These Terms

We may modify the Services or these Terms at any time. If we make material changes, we will update the “Last Updated” date and provide notice as required by law, such as by posting within the Services or by email. Changes are effective when posted unless otherwise stated. Your continued use of the Services after changes take effect constitutes your acceptance of the revised Terms. If you do not agree, you must stop using the Services.

33. Termination

We may suspend or terminate your access to the Services at any time, with or without cause or notice, to the fullest extent permitted by law. Upon termination, your right to use the Services ends, but these Terms continue to apply to your prior use, and all provisions that should survive will survive. You may stop using the Services at any time and may cancel any subscription as described in Section 11.

34. Notices

We may provide notices to you electronically as described in Section 16. You must provide legal notices to the Company in writing to Life Vitality LLC, Attn: Legal, 16192 Coastal Highway, Lewes, DE 19958, and by email to legal@surpassmd.com.

35. Entire Agreement

These Terms, together with the Privacy Policy, Consumer Health Data Privacy Policy, Medical Consent, and other policies incorporated by reference, constitute the entire agreement between you and the Company regarding the Services and supersede all prior agreements and understandings on that subject.

36. Accessibility

We are committed to making the Services accessible to people with disabilities and strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. Accessibility is an ongoing effort as we update the Services, and because some third-party content is outside our control, not every part of the Services may be fully accessible at all times. If you have difficulty using any part of the Services, or if you would like information or a service in an alternative format, contact us at support@surpassmd.com and we will work with you to provide the information, service, or accommodation you need.

37. Contact Us

Questions about these Terms may be directed to Life Vitality LLC dba SurpassMD, 16192 Coastal Highway, Lewes, DE 19958, or by email to support@surpassmd.com.

© 2026 Life Vitality LLC dba SurpassMD. All rights reserved.