THINGEVITY LLC

TERMS OF USE AND CONDITIONS OF SERVICE

These Terms of Use and Conditions of Service (“Terms”) govern your access to and use of the Thingevity website, platform, and related services (collectively, the “Services”) operated by Thingevity LLC, a Utah limited liability company (“Thingevity,” “we,” “us,” or “our”).

By accessing or using the Services, creating an account, submitting information for a medical evaluation, purchasing products or services, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, do not use the Services.

1. THE THINGEVITY SERVICE

Thingevity provides an online platform through which eligible individuals may obtain access to telemedicine services and, when clinically appropriate, prescription medications.

Thingevity is not itself a medical provider and does not make medical diagnoses, determine whether a medication is medically appropriate, prescribe medications, or exercise independent clinical judgment. Medical evaluations, diagnoses, treatment recommendations, and prescriptions are provided by appropriately licensed physicians and other healthcare professionals who provide services through or in connection with the Thingevity platform (“Healthcare Providers”).

Healthcare Providers exercise independent professional judgment and are responsible for all clinical decisions, including whether to establish a provider-patient relationship, whether to prescribe a medication, what medication and dosage may be appropriate, and whether continued treatment is appropriate.

Use of the Thingevity Services does not guarantee that you will receive a prescription or any particular medication.

2. TELEMEDICINE SERVICES

Telemedicine involves the delivery of healthcare services through electronic communications and technology rather than exclusively through an in-person visit.

By using the Services, you acknowledge that telemedicine may have limitations, including limitations resulting from the absence of an in-person physical examination, limitations associated with information supplied by you, technical failures, and the inability to evaluate certain medical conditions remotely.

The availability of telemedicine services depends upon applicable law and the availability of appropriately licensed Healthcare Providers in your jurisdiction. Thingevity may limit or discontinue access to the Services in jurisdictions where the Services cannot lawfully be provided.

3. NO EMERGENCY MEDICAL SERVICES

The Services are not intended for medical emergencies.

If you believe you are experiencing a medical emergency, including a potentially life-threatening reaction, severe allergic reaction, chest pain, severe difficulty breathing, loss of consciousness, severe abdominal pain, or another condition requiring immediate attention, call 911 or seek immediate in-person medical care.

Do not rely on the Thingevity Services for emergency medical treatment.

4. ELIGIBILITY

You must satisfy all applicable legal and clinical requirements to use the Services.

You agree to provide accurate, complete, and current information concerning your identity, medical history, medications, allergies, symptoms, health conditions, and other information requested during the medical evaluation process.

You understand that providing false, incomplete, or misleading information may result in denial or termination of Services and may adversely affect the safety and appropriateness of medical treatment.

Thingevity and/or a Healthcare Provider may refuse or discontinue Services when appropriate, including when the information provided is insufficient to permit an appropriate clinical evaluation.

5. MEDICAL EVALUATIONS AND PRESCRIPTIONS

A request for a medication does not constitute a prescription and does not guarantee that a prescription will be issued.

A Healthcare Provider will independently determine whether a medication is medically appropriate based on the information available to the Healthcare Provider and applicable professional standards.

Healthcare Providers may determine that a requested medication is not appropriate, may prescribe a different medication or dosage, may request additional information or testing, or may recommend that you seek in-person medical evaluation.

Thingevity does not control or override the independent clinical judgment of Healthcare Providers.

6. PRESCRIPTION MEDICATIONS

Certain products available through the Services may require a valid prescription.

Prescription medications will be dispensed only upon receipt and acceptance of a valid prescription by a properly licensed pharmacy.

Thingevity does not dispense prescription medications unless expressly stated otherwise.

Prescription medications associated with the Services may be dispensed and fulfilled by an independent, third-party pharmacy (“Pharmacy”).

The Pharmacy is responsible for dispensing medications pursuant to applicable laws and regulations and the prescription issued by the Healthcare Provider.

Medication availability may vary based upon applicable law, pharmacy availability, manufacturer supply, and other factors.

7. FDA-APPROVED AND COMPOUNDED MEDICATIONS

Thingevity may make available FDA-approved prescription medications as well as certain medications prepared by a properly licensed compounding pharmacy when determined appropriate by a Healthcare Provider and permitted by applicable law.

FDA-approved medications have been reviewed and approved by the U.S. Food and Drug Administration for specific indications and conditions.

Compounded medications are not FDA-approved. The FDA does not review or approve compounded medications for safety, effectiveness, or quality before they are marketed.

Compounded medications may nevertheless be prescribed and prepared when permitted by applicable law and when a licensed Healthcare Provider determines that a compounded formulation is medically appropriate.

The fact that a compounded medication contains an active pharmaceutical ingredient that is also present in an FDA-approved medication does not mean that the compounded medication itself is FDA-approved.

Thingevity will not represent a compounded medication as FDA-approved when it is not.

8. GLP-1 MEDICATIONS

Certain Services may involve medications belonging to the glucagon-like peptide-1 (“GLP-1”) class or related medications.

GLP-1 medications are prescription medications and may have significant risks, contraindications, drug interactions, side effects, and other limitations.

The specific medication, indication, dosage, titration schedule, duration of treatment, and continued eligibility for treatment will be determined by the Healthcare Provider based on the patient’s individual circumstances.

Not every GLP-1 medication is FDA-approved for every condition, use, dosage, formulation, or patient population.

You should use prescription medications only as directed by your Healthcare Provider and the dispensing Pharmacy.

9. COMPOUNDED MEDICATIONS

Where legally permissible, Thingevity may facilitate access to compounded medications prepared by an independent compounding pharmacy.

The Healthcare Provider and Pharmacy are responsible for determining, within their respective professional roles, whether a compounded medication is appropriate and may lawfully be prescribed or dispensed.

Compounded medications may differ from commercially manufactured FDA-approved medications in formulation, concentration, inactive ingredients, dosage form, packaging, labeling, appearance, or other characteristics.

You acknowledge that compounded medications have not undergone FDA premarket review and approval in the same manner as FDA-approved commercially manufactured medications.

Thingevity does not manufacture compounded medications and does not independently evaluate or guarantee the safety, effectiveness, potency, sterility, purity, or quality of a compounded medication. Questions concerning the formulation, preparation, dispensing, or quality of a compounded medication should be directed to the applicable Healthcare Provider and/or Pharmacy.

10. PEPTIDE PRODUCTS

Any peptide medication or formulation offered through the Services will be subject to applicable federal and state law and the clinical judgment of the Healthcare Provider.

Thingevity will not represent a peptide formulation as FDA-approved unless the specific formulation and intended use have in fact received FDA approval.

Where a peptide is provided in a compounded formulation, the provisions of Section 9 concerning compounded medications apply.

11. PATIENT RESPONSIBILITIES

You agree to:

Provide truthful, accurate, and complete information;
Inform your Healthcare Provider of all relevant medical conditions, medications, supplements, allergies, and prior adverse reactions;
Follow the instructions of your Healthcare Provider and Pharmacy;
Use medications only as prescribed;
Not share prescription medications with another person;
Safely store medications as instructed;
Promptly report significant adverse effects or changes in your health to an appropriate healthcare professional;
Seek appropriate in-person medical care when recommended; and
Maintain the confidentiality of your Thingevity account credentials.

You are responsible for reviewing medication labeling, instructions, warnings, and other information provided with your medication.

12. PHARMACY FULFILLMENT

Prescription orders are subject to acceptance and fulfillment by the applicable Pharmacy.

Thingevity does not guarantee that a Pharmacy will be able to fill a particular prescription.

The Pharmacy may contact you concerning your prescription, payment, shipping, delivery, medication questions, or other matters relating to fulfillment.

A prescription may be transferred to another pharmacy when permitted by applicable law and appropriate under the circumstances.

13. SHIPPING AND DELIVERY

Thingevity may facilitate shipment of prescription medications through the Pharmacy.

Delivery dates and estimated shipping times are not guaranteed unless expressly stated otherwise.

You are responsible for providing an accurate shipping address and for promptly notifying Thingevity or the Pharmacy of any change in address.

Thingevity and the Pharmacy are not responsible for delays caused by carriers, weather, governmental action, supply shortages, address errors, or other circumstances beyond their reasonable control.

Certain medications may have special storage, temperature, handling, or delivery requirements.

14. PRICING AND PAYMENT

You agree to pay all fees displayed or otherwise disclosed to you before purchase.

Prices may include charges for telemedicine services, medication, pharmacy fulfillment, shipping, membership or subscription services, or other services as specifically disclosed at the time of purchase.

Thingevity may change prices from time to time. Any price change applicable to a recurring service will be disclosed in accordance with applicable law.

You authorize Thingevity and its payment processors to charge your selected payment method for amounts you authorize or incur through your use of the Services.

15. SUBSCRIPTIONS AND RECURRING ORDERS

If you enroll in a recurring program, subscription, or recurring medication order, you authorize Thingevity or its designated payment processor to charge your payment method at the applicable intervals disclosed when you enroll.

Subscription or recurring services may be canceled in accordance with the cancellation procedures provided through the Services.

A recurring payment does not guarantee that a prescription will be issued or that medication will be dispensed. Continued treatment remains subject to clinical evaluation and the independent judgment of the Healthcare Provider.

16. REFUNDS AND CANCELLATIONS

Because prescription medications and compounded medications may be subject to federal and state laws governing their dispensing, return, and resale, medications that have been dispensed or shipped may not be eligible for return or refund.

Any refund or cancellation policy applicable to telemedicine services, memberships, subscriptions, or other non-medication services will be disclosed separately through the Services.

Thingevity reserves the right to determine whether a refund is appropriate, subject to applicable law and any applicable refund policy.

Nothing in these Terms limits any rights you may have under applicable law.

17. MEDICAL INFORMATION IS NOT A SUBSTITUTE FOR YOUR PERSONAL PHYSICIAN

Information appearing on the Thingevity website, including articles, educational materials, FAQs, medication information, videos, and other content, is provided for general informational purposes.

Such information is not a substitute for professional medical advice, diagnosis, or treatment and should not be relied upon as such.

You should consult an appropriate healthcare professional regarding questions concerning your health or medical treatment.

18. NO GUARANTEE OF RESULTS

Thingevity does not guarantee that any medication, treatment, program, or service will achieve a particular medical, cosmetic, weight-loss, wellness, or other result.

Individual results vary.

No statement made through the Services should be interpreted as a guarantee of treatment results.

19. ACCOUNTS AND SECURITY

You may be required to create an account to access certain Services.

You are responsible for maintaining the confidentiality of your account information and for all activity occurring through your account.

You agree to notify Thingevity promptly if you believe your account has been accessed without authorization.

20. PRIVACY AND HEALTH INFORMATION

Thingevity’s collection and use of personal information is governed by its Privacy Policy and, where applicable, its Notice of Privacy Practices.

Health information may be subject to federal and state privacy laws, including the Health Insurance Portability and Accountability Act (“HIPAA”) where applicable.

By using the Services, you acknowledge that electronic communications and transmission of information involve certain risks, including risks associated with unauthorized access, technical failures, and internet communications.

21. ELECTRONIC COMMUNICATIONS

You consent to receive electronic communications from Thingevity and, where applicable, Healthcare Providers and the Pharmacy concerning your account, medical services, prescriptions, orders, payments, appointments, and other matters relating to the Services.

You may receive communications by email, text message, telephone, patient portal, or other electronic means, subject to applicable law and your communication preferences.

22. THIRD-PARTY PROVIDERS

Certain portions of the Services may be provided by independent third parties, including Healthcare Providers, pharmacies, laboratories, payment processors, technology providers, shipping companies, and other service providers.

Thingevity does not control the independent professional judgment of Healthcare Providers or the dispensing decisions of Pharmacies.

Your interactions with third-party providers may also be governed by additional terms and policies applicable to those providers.

23. PROHIBITED CONDUCT

You may not:

Use the Services for unlawful purposes;
Provide false or misleading information;
Attempt to obtain medication through fraudulent means;
Misuse, sell, transfer, or share prescription medications;
Interfere with or disrupt the Services;
Attempt to gain unauthorized access to accounts, systems, or information;
Copy or reproduce protected content without authorization; or
Use the Services in a manner that violates applicable law.

24. INTELLECTUAL PROPERTY

The Thingevity name, trademarks, logos, website, software, text, graphics, designs, and other content provided by Thingevity are owned by or licensed to Thingevity and are protected by applicable intellectual property laws.

Except as expressly permitted, you may not reproduce, modify, distribute, publicly display, sell, or otherwise exploit Thingevity’s intellectual property without prior written authorization.

25. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

THINGEVITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR AVAILABLE AT ALL TIMES.

THINGEVITY DOES NOT WARRANT ANY PARTICULAR MEDICAL, HEALTH, WEIGHT-LOSS, OR OTHER RESULT.

26. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THINGEVITY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES.

THINGEVITY’S LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES SHALL, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BE LIMITED TO THE AMOUNT YOU PAID TO THINGEVITY FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE [12]-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms is intended to exclude or limit liability that cannot lawfully be excluded or limited.

27. INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify and hold harmless Thingevity and its members, managers, officers, employees, agents, and service providers from claims, damages, liabilities, losses, costs, and expenses arising out of or relating to:

(a) your violation of these Terms;

(b) your misuse of the Services;

(d) your violation of applicable law or the rights of another person.

28. SUSPENSION OR TERMINATION

Thingevity may suspend or terminate your access to the Services when permitted by law, including where you violate these Terms, provide inaccurate information, engage in fraudulent or abusive conduct, or where continued access is otherwise inappropriate.

Termination of access to the Thingevity platform does not terminate any independent provider-patient relationship except as determined by the applicable Healthcare Provider and in accordance with applicable law and professional requirements.

29. GOVERNING LAW

These Terms shall be governed by the laws of the State of Utah, without regard to its conflict-of-law principles, except to the extent federal law or the laws of another jurisdiction are mandatorily applicable to the Services or to your relationship with a Healthcare Provider or Pharmacy.

30. DISPUTE RESOLUTION

[Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the arbitration provisions set forth in the applicable arbitration agreement.]

[Counsel should determine whether Thingevity should use a separate arbitration agreement, class-action waiver, applicable venue, and consumer-law provisions.]

31. CHANGES TO THESE TERMS

Thingevity may modify these Terms from time to time.

Updated Terms will be posted through the Services and will become effective as provided in the updated Terms. Your continued use of the Services following the effective date of updated Terms constitutes acceptance of the revised Terms to the extent permitted by applicable law.

32. SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permitted by law and the remaining provisions shall remain in full force and effect.

33. ENTIRE AGREEMENT

These Terms, together with any policies or agreements expressly incorporated into these Terms, constitute the agreement between you and Thingevity concerning your use of the Services and supersede prior or contemporaneous agreements concerning such subject matter, except for any separate agreements governing medical services, privacy, subscriptions, or other services.

34. CONTACT

Questions concerning these Terms or the Thingevity Services may be directed to:

Thingevity LLC

13648 S 200 W Ste 1A

SUPPORT@THINGEVITY.COM

1.888.781.5031

Last Updated: 9/1/26