Terms of Service

1. Agreement to These Terms

These Terms of Service ("Terms") are a binding agreement between you ("you" or "your") and Biomarker Health Holdings Inc., doing business as Biomarker Health ("Biomarker Health," "we," "us," or "our"). They govern your access to and use of our website at biomarkerhealth.com, our mobile and web applications, our patient portal, and the technology services we provide (collectively, the "Services").

By creating an account, checking a box indicating your acceptance, or using any part of the Services, you confirm that you have read, understood, and agree to these Terms and to our Privacy Policy (which includes the Notice of Privacy Practices of the medical practice described in Section 2), each incorporated here by reference. Medical care additionally requires your separate Consent to Care. If you do not agree, do not use the Services.

2. Who We Are and What We Do

Biomarker Health operates through two affiliated companies:

• Biomarker Health Holdings Inc. — the company these Terms are with — operates the website, patient portal, and technology platform, and provides administrative, billing, and management services. It is not a medical practice, does not practice medicine, and does not provide medical advice.
• Biomarker Health Winter Garden FL 1 LLC (the "Practice") is a medical practice operating a physical clinic in Winter Park, Florida and providing telehealth services. All clinical services — evaluations, lab orders, diagnoses, prescriptions, and treatment plans — are provided solely by the Practice and its licensed clinicians, in their independent professional judgment. Your clinical relationship is with the Practice and is governed by the Consent to Care.

The Services support care that may include biomarker laboratory panels drawn at a patient service center or at your home, telehealth consultations, and — where clinically appropriate and prescribed by a licensed clinician — customized hormone optimization and peptide treatment plans. Certain peptides are not approved by the FDA for general human use and may be prescribed off-label or dispensed through licensed compounding pharmacies at a clinician's discretion; long-term safety data in healthy individuals is limited.

3. Not for Emergencies

The Services are not for medical emergencies. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room immediately. We do not offer 24/7 monitoring and cannot guarantee that any provider or staff member will see your message in time to address an urgent situation. If you are having thoughts of self-harm or are in crisis, call or text 988 (the Suicide & Crisis Lifeline) or 911.

4. Eligibility

To use the Services you must:

• Be at least 18 years of age;
• Be physically located in a U.S. state or jurisdiction where the Practice's clinicians are licensed and the Services are offered at the time of your visit, as indicated during signup;
• Have the legal capacity to enter into these Terms;
• Provide accurate, current, and complete information about yourself and your health.

The Services are intended for use within the United States only. Certain Services may be unavailable in your location due to state licensing and regulatory requirements.

5. Clinical Care, Telehealth, and Laboratory Services

The terms governing your medical care — including the nature, benefits, risks, and limitations of telehealth; the authorization of laboratory testing; and your rights as a patient — are set out in the Consent to Care, which you must accept before receiving clinical services.

Whether you receive any particular test, treatment, medication, or prescription is determined solely by your treating clinician based on their clinical judgment, your lab results, your medical history, and applicable law. Submitting a request, completing an intake, or paying a fee does not guarantee any test, treatment, or prescription. Hormone and peptide therapies carry risks and are not appropriate for everyone; you are responsible for disclosing your complete and accurate health history and following your clinician's instructions.

6. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to:

• Provide accurate registration information and keep it up to date;
• Notify us immediately of any unauthorized use or suspected breach;
• Not share your account, impersonate another person, or create an account for anyone other than yourself.

We may suspend or terminate accounts that we reasonably believe are being used in violation of these Terms or applicable law.

7. Payments and Refunds

• Fees. You agree to pay all fees for the Services you select. The price and what it includes are disclosed clearly at the point of purchase, before you are charged.
• No memberships or automatic renewal. We do not sell memberships or subscriptions, and nothing renews or is charged automatically.
• Refunds. Refunds are governed by the Refunds section of our Self-Pay Financial Agreement.
• Insurance. The Services are provided on a cash-pay basis and are not billed to insurance. You are responsible for all charges.
• Third-party costs. Medication and pharmacy costs may be billed separately by the dispensing pharmacy and are subject to that pharmacy's terms.
• Clinical fees. Fees for clinical services are charged on behalf of the Practice, as disclosed at the point of purchase.

8. Your Responsibilities and Acceptable Use

You agree not to:

• Provide false, misleading, or incomplete health information;
• Use the Services for any unlawful purpose or to obtain medications for resale, diversion, or use by anyone other than yourself;
• Attempt to access another user's data or any non-public area of our systems;
• Interfere with, disrupt, reverse-engineer, scrape, or overload the Services;
• Upload malicious code or violate the rights of others.

Misuse of prescription medications, including hormones and peptides, can be dangerous and may be illegal. The Services may not be used to circumvent the clinical judgment of a clinician.

9. Intellectual Property

The Services, including all software, text, graphics, logos, and content we provide (excluding your personal data and third-party content), are owned by Biomarker Health Holdings Inc. or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended personal, non-commercial purpose. You may not copy, modify, distribute, or create derivative works from the Services without our written permission.

10. Third-Party Services and Links

The Services may rely on or link to third parties (for example, payment processors, laboratories, pharmacies, and cloud-infrastructure providers). We are not responsible for the content, products, or practices of third parties. Your use of third-party services may be governed by their own terms and privacy policies.

11. Disclaimers

EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY HEALTH OUTCOME WILL BE ACHIEVED.

The technology platform provided by Biomarker Health Holdings Inc. does not constitute the practice of medicine and is not a substitute for the professional judgment of your treating clinician.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Biomarker Health Holdings Inc. AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, or matters relating to the quality of medical care that are governed by other law.

13. Indemnification

You agree to indemnify and hold harmless Biomarker Health Holdings Inc. and its affiliates from any claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your misuse of the Services, your violation of these Terms, or your violation of any law or the rights of a third party.

14. Dispute Resolution and Arbitration

Except where prohibited by law, you and Biomarker Health Holdings Inc. agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable rules, rather than in court, and that claims may be brought only on an individual basis and not as part of a class action. Either party may bring an individual claim in small-claims court where eligible.

This Section does not apply to claims that, by law, cannot be subject to mandatory arbitration.

15. Governing Law

These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-laws principles. Subject to Section 14, the state and federal courts located in Orange County, Florida will have jurisdiction over any matter not subject to arbitration.

16. Changes to the Services and to These Terms

We may modify the Services or these Terms at any time. If we make material changes, we will provide reasonable notice (for example, by posting the updated Terms with a new effective date or by notifying you through the Services). Your continued use after changes take effect constitutes acceptance of the revised Terms.

17. Termination

You may stop using the Services at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or to protect the Services or other users. Provisions that by their nature should survive termination (including Sections 9, 11, 12, 13, 14, and 15) will survive.

18. Miscellaneous

• Entire agreement. These Terms, together with the documents referenced here, are the entire agreement between you and Biomarker Health Holdings Inc. regarding the Services.
• Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
• No waiver. Our failure to enforce any provision is not a waiver.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

19. Contact Us

Biomarker Health Holdings Inc. d/b/a Biomarker Health Orlando, Florida Email: legal@biomarkerhealth.com