THIS TERMS OF SERVICE AGREEMENT ("TERMS" OR "AGREEMENT") INCLUDES A MANDATORY ARBITRATION CLAUSE. UNLESS YOU CHOOSE TO OPT OUT WITHIN THE SPECIFIED TIMEFRAME, YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND US, OR BETWEEN YOU AND ANY ASSOCIATED MEDICAL PROVIDERS OR GROUPS, ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES, WILL BE RESOLVED THROUGH INDIVIDUAL, BINDING ARBITRATION. BY AGREEING TO THESE TERMS, YOU ALSO WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR ABILITY TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. DETAILS ON HOW TO OPT OUT OF ARBITRATION ARE PROVIDED IN SECTION XXXIV BELOW.

I. Introduction

AA Health Solutions (“Evolve Your Bod,” “Evolve™,” “we,” “our,” or “us”) operates and manages the website www.evolveyourbod.com (the “Platform”) as well as a mobile application (collectively, the “Sites”). These Sites facilitate access to telehealth services provided by licensed medical professionals, with Evolve serving as a coordination platform rather than a direct healthcare provider.

By using the Sites, including all associated services, features, content, and applications (collectively, the “Evolve Services”), you acknowledge that Evolve Your Bod and its affiliated professional entities coordinate healthcare services but do not themselves deliver medical care. Any products or services available through the Sites, or any affiliated platform, software, or application owned or operated by Evolve, are governed by these Terms of Service.

II. Acceptance of the Terms

By choosing to access or use Evolve Services, including those offered through our affiliated professional entities, you confirm that you have read, understood, and agreed to be legally bound by this Agreement. This Agreement establishes a binding contract between Evolve Your Bod (“Evolve,” “we,” “our,” or “us”) and you, the individual user (“you” or “your”). Your use of our Services also signifies your acceptance of our Privacy Policy.

It is important that you carefully review this Agreement, as it outlines key terms and conditions governing your use of Evolve Services. Your ability to access and use our Services is subject to applicable laws and regulations. If you do not agree to these Terms or our Privacy Policy, you are not permitted to access, register for, or use Evolve Services, except for the purpose of reviewing this Agreement.

If you disagree with any part of these Terms, your only option is to discontinue use of Evolve Services. By continuing to use our Platform after changes to this Agreement are posted, you accept and agree to be bound by the revised Terms.

III. Our Relationship with You

These Terms govern your use of Evolve Services, including any consultations or healthcare services you are enrolled in or have scheduled. The details of these services are outlined below:

A. Telehealth Consultations and Services

1. Access to Medical Providers

   As part of Evolve Services, you may have access to one or more professional medical organizations (referred to as “Medical Groups”) that provide healthcare services through our Platform. These Medical Groups employ or contract with licensed medical providers who deliver healthcare services via Evolve Services. All medical providers who offer telehealth consultations through our Platform:

- Operate as independent professionals contracted or employed by affiliated professional entities that coordinate with Evolve Services.

- Are solely responsible for the medical care and treatment they provide to you.

2. Secure Telehealth Consultations

Telehealth consultations are conducted by licensed medical providers through a HIPAA-compliant platform, ensuring that your private health information remains protected and confidential. These providers are licensed to practice in the state where you are physically located at the time of the consultation.

3. Prescriptions and Medications

   If deemed medically appropriate and in compliance with state and federal laws, providers may prescribe medications, including controlled substances where permitted. These prescriptions may include both commercially available and compounded medications. You acknowledge and agree to follow all applicable laws and regulations concerning the use and dispensation of prescription medications.

IV. Evolve Your Bod Membership

A. Membership Benefits and Services

Evolve provides individuals who register as users (“Users”) access to various healthcare-related products and services. These may be offered directly by Evolve Your Bod or through third-party medical providers, pharmacies, or vendors affiliated with our platform.

B. Enrollment and Membership Tiers

When you sign up and agree to these Terms, you will automatically be enrolled as a “Standard Member”, in addition to any of the membership programs you choose. Membership programs may include, but are not limited to, the Multi-Month-Discount Program or other subscription-based offerings.

C. Standard Membership Benefits

As a Standard Member, you gain access to:

• Use of the Evolve Your Bod Platform, including its features and services.

• Unlimited customer support for inquiries related to healthcare services and prescriptions.

• Coordination between pharmacies and healthcare providers to ensure seamless prescription fulfillment.

• Health information management services to support your care.

• Assistance from licensed nurses and healthcare professionals regarding prescriptions and clinical concerns.

1. Medication Fulfillment

   - If a prescription is issued by a provider, medication fulfillment will be handled through licensed compounded pharmacies (“Pharmacies”) authorized to dispense medications within your state.

- You acknowledge and agree that your prescription(s) may be filled by, and transferred between, any of these Pharmacies, as needed for continued care.

- Evolve Your Bod acts only as a coordination platform and does not interfere with or influence the professional services provided by Pharmacies, which remain solely responsible for dispensing medications in compliance with applicable laws.

- By agreeing to these Terms, you acknowledge that services received from Pharmacies, Medical Groups, or Healthcare Providers through the Platform are governed by this Agreement, and these entities are considered third-party beneficiaries of this Agreement.

D. Multi-Month-Discount Pricing Program

Users enrolled in the Multi-Month-Discount Program receive the same benefits as Standard Members but participate in a structured pricing plan. For more details regarding this program, please refer to the Multi-Month-Discount Program section in these Terms of Service by clicking HERE.

V. Independent Medical Judgment

Evolve Your Bod is not a licensed medical provider and does not practice medicine or deliver healthcare services. We function solely as a platform to connect users with licensed healthcare professionals. Evolve does not influence, direct, or interfere with the independent medical decisions of providers affiliated with our platform. Each healthcare provider and affiliated professional entity operates independently and is fully responsible for the medical care and treatment they provide.

By using Evolve Services, you acknowledge and agree that Evolve Your Bod is not liable for any medical services rendered by a healthcare provider or affiliated professional entity, including any injuries, adverse outcomes, or other damages that may arise from your treatment.

Furthermore, you understand and accept that after evaluating your medical information, a licensed provider, using their independent professional judgment, will determine whether to prescribe medication, recommend alternative treatments, or refer you to other healthcare resources as necessary.

VI. Pharmacy Services

By agreeing to these Terms, you acknowledge and understand that Evolve Your Bod is not a pharmacy and does not dispense medications. We do not control, direct, or interfere with the pharmacy services provided by third-party licensed pharmacies.Prescription fulfillment services may be handled by independently operated Pharmacies that are legally authorized to dispense medications in the jurisdictions where Evolve Services are available. You agree that Evolve Your Bod may coordinate and facilitate the transfer of prescriptions to affiliated Pharmacies as necessary for your treatment. However, Evolve Your Bod does not assume any liability for the professional services, actions, or decisions of these Pharmacies.

VII. Electronic Communications

By enrolling in and using Evolve Services, you consent to conducting business electronically with Evolve Your Bod and engaging in telehealth interactions with licensed medical providers and affiliated professional entities. This electronic process carries the same legal validity as a handwritten signature.

You agree that Evolve Your Bod, along with its affiliates and associated professional entities, may send you important disclosures, messages, notifications, and other communications via email and, if opted in, via SMS to your designated mobile device. Standard messaging and data rates may apply. If at any time you wish to opt out of text messages, you may do so by replying STOP to any message or by contacting us at [email protected].

You acknowledge and understand that Evolve Your Bod is not responsible for the security or privacy of the communication services you use to receive these messages. It is solely your responsibility to monitor and respond to emails and notifications regarding your healthcare. Neither Evolve Your Bod, its affiliated medical groups, nor its providers will be held liable for any consequences, including loss, injury, or claims, arising from your failure to read, respond to, or comply with any communications, treatment recommendations, or instructions provided by your medical provider.

If you do not agree to these Terms or our Privacy Policy, you are not authorized to use the Evolve Your Bod Platform or Services.

VIII. Laboratory Products and Services

Certain laboratory products and services, including at-home testing kits, are available through Evolve Services. These services require a valid prescription or order from a licensed healthcare provider before they can be dispensed.

If you obtain laboratory products or services through Evolve Your Bod, the necessary testing materials will be shipped directly to you. Any costs associated with these laboratory services are included in the total amount charged at the time of purchase.

Laboratory products and services provided through the Evolve Your Bod Platform are considered Third-Party Goods and Services, as further detailed in the Third-Party Goods and Services section of this Agreement.

IX. Third-Party Goods and Services

Evolve Your Bod partners with various third-party entities, including independent laboratories, pharmacies, medical groups, and healthcare providers (collectively referred to as “Third-Parties”), to offer goods and services (“Third-Party Goods and Services”) through our Platform. Your interactions with these Third-Parties—including purchases, service delivery, and any related transactions—are conducted solely between you and the Third-Parties. Evolve Your Bod does not oversee, control, or assume responsibility for these services.

In the event of a dispute between you and any Third-Party, other users, or any other individual or entity, you acknowledge and agree that Evolve Your Bod has no obligation to intervene or mediate such disputes. By using Evolve Services, you release and agree to indemnify Evolve Your Bod, its affiliated entities, and their respective officers, directors, employees, agents, contractors, shareholders, and representatives (collectively, the “Evolve Parties”) from any claims, demands, or damages—whether known or unknown, disclosed or undisclosed—that arise from or relate to disputes involving Third-Parties or any services provided through our Platform.

If you are a California resident, you expressly waive California Civil Code Section 1542, which states:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Additionally, shareholders, directors, officers, employees, contractors, or agents of Evolve Your Bod (collectively, “Evolve Stakeholders”) may have financial interests in certain Third-Parties and may derive financial benefits from your use of Third-Party Goods and Services available through our Platform.

X. Modification and Termination of Rights

Evolve Your Bod reserves the right to suspend, limit, or terminate any of the rights granted under these Terms, as well as your access to Evolve Services, at any time, with or without prior notice. This may occur for various reasons, including but not limited to instances where we believe your conduct or use of the Evolve Services:

- Violates applicable laws or regulations,

- Poses a security threat to the Platform or other users, or

- Is deemed harmful to the interests of Evolve Your Bod, its affiliated healthcare providers, or other users.

We may also modify, restrict, or discontinue the Evolve Services entirely or suspend your access if you fail to comply with these Terms, in accordance with our internal policies. If your access is terminated, your information, files, and other content stored on our Platform may be deleted. However, Evolve Your Bod will retain certain information as required by applicable laws or for legitimate business purposes, as outlined in our Privacy Policy.

If Evolve Your Bod terminates the Evolve Services or your ability to use them, this Agreement will also be terminated. However, the following sections will continue to remain in effect:

- Disclaimer of Warranties

- Limitation of Liability

- Indemnification

- Governing Law, Dispute Resolution, and Arbitration

- Class Action Waiver

We reserve the right to revise or modify these Terms, in whole or in part, at any time and for any reason, without incurring any penalty or liability to you or any third party. Any changes will be reflected in the “Last Modified” field at the beginning of this Agreement. It is your responsibility to review the Terms periodically to stay informed of any modifications.

By continuing to use the Evolve Services after updates to the Terms have been posted, you acknowledge and agree to be bound by the revised Terms. If you do not agree with any changes, your only recourse is to discontinue use of Evolve Services.

These Terms will remain in full effect as long as you continue to access or use Evolve Services. You may terminate this Agreement at any time by ceasing to use the Platform. However, if you violate these Terms, your permission to access Evolve Services is automatically revoked.

XI. Eligibility

To access and use Evolve Services through our Platform, you must meet the following eligibility requirements:

A. Age Requirement

You must be at least 18 years old or the legal age of majority in your state of residence.

B. Residency Requirement

You must reside in the United States and be located in a state or territory where Evolve Services are available.

C. Agreement to Terms

You must acknowledge and agree to be legally bound by these Terms of Service and comply with all applicable laws and regulations.

D. Technical Requirements

You must have a compatible computer or mobile device, a reliable Internet connection, and any necessary software required to access the Evolve Services. Standard data or mobile service charges may apply based on your Internet or mobile provider.

Meeting these eligibility requirements does not guarantee that you will receive healthcare services through Evolve Your Bod. In addition to the conditions listed above, Evolve Your Bod and its affiliated professional entities reserve the right to impose additional requirements or modify existing ones at their sole discretion, without prior notice.

Furthermore, licensed healthcare providers and affiliated professional entities may independently determine, on a case-by-case basis, whether Evolve Services are appropriate for a specific user. In certain circumstances, medical providers may decide that telehealth services are not suitable for a particular individual and may recommend alternative healthcare solutions.

For additional information regarding eligibility criteria for healthcare services, please contact us at [email protected].

XII. Availability

The availability of Evolve Services is subject to state regulations, which may change over time due to modifications in applicable laws or regulatory requirements. As a result, the availability of Evolve Services may vary by location and may be adjusted periodically to remain in compliance with evolving legal and operational guidelines.

It is your responsibility to stay informed about the most up-to-date information regarding service availability. Evolve Your Bod reserves the right to expand, limit, or modify its service areas without prior notice based on regulatory or operational considerations.

XIII. Registration, User Accounts, and User Data

To enroll in and use Evolve Services, you must complete the registration process by providing accurate, truthful, and complete information. This includes, but is not limited to, your email address, physical mailing address, and any other details necessary for the requested services. You are responsible for maintaining and promptly updating your information to ensure its accuracy.Access to Evolve Services is exclusively available to registered users who have enrolled through www.evolveyourbod.com or to other authorized individuals granted access with a verified username and password. Please note that the Evolve Your Bod Platform may not be accessible at all times, and services may be interrupted or temporarily unavailable for various reasons. Evolve Your Bod is not liable for any inconvenience, delay, or inability to access the Platform due to such interruptions.

User Data and Permissions

When registering an account, you may be required to enter personal information or submit User Data through the Evolve Your Bod Platform. By providing User Data, you acknowledge and agree that Evolve Your Bod may:

- Store, process, and utilize your User Data to deliver services effectively.

- Create derivative works based on User Data for research, analysis, and operational improvements.

- Share User Data with service providers, successors, affiliated medical providers, and professional entities to facilitate the delivery of Evolve Services.

By submitting User Data through the Platform, you grant Evolve Your Bod, its service providers, successors, affiliates, and authorized healthcare entities a fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and share your information for the following purposes:

- Providing Evolve Services tailored to your needs.

- Conducting research, analytics, and service enhancements.

- Developing and improving existing or future products, services, and features.

Your information will be handled in accordance with Evolve Your Bod’s Privacy Policy. If you do not agree to these terms, you should not register for or use Evolve Services.

XIV. Your Protected Health Information (“PHI”)

By using Evolve Services, you acknowledge that our Platform is designed to facilitate healthcare services by assisting with the following:

- Collecting and managing healthcare records to support consultations with medical providers.

- Providing administrative support for scheduling and payment of healthcare services.

- Coordinating prescription fulfillment and payment for medications prescribed by licensed healthcare providers.

- Enabling telehealth consultations by offering a secure platform for direct communication between you and affiliated medical professionals.

While Evolve Your Bod is not classified as a “covered entity” under the Health Insurance Portability and Accountability Act (HIPAA), you understand that the Platform gathers personal and medical information to help licensed medical providers assess your condition and determine appropriate treatments. This includes:

- Health-related information (such as current and past medical conditions, medications, and diagnostic test results).

- Personal information (such as name, demographic data, and geographic location).

- Other necessary details for determining the suitability of prescriptions, diagnostic testing, and treatment recommendations.

Some of this information may be classified as Protected Health Information (PHI) under applicable laws.

Consent for Disclosure of Your Information

By using Evolve Services, you consent to the disclosure of your personal and medical information to:

- Affiliated medical groups and providers for evaluation, consultation, and treatment.

- Pharmacies, laboratories, and diagnostic testing facilities to facilitate medication fulfillment, lab tests, and healthcare coordination.

Depending on their classification, these third parties may or may not be considered “covered entities” or “business associates” under HIPAA. In some cases, Evolve Your Bod may act as a “business associate” of a pharmacy, lab, or medical group, making certain portions of your health data subject to HIPAA protections. However, HIPAA does not automatically apply to all entities handling health-related information. While some state privacy laws may provide additional protections, HIPAA’s applicability depends on specific regulatory criteria.

If Evolve Your Bod is deemed a business associate, we may be required to comply with certain HIPAA provisions concerning the handling of Protected Health Information (PHI) provided to affiliated pharmacies, labs, or medical groups. Any medical or health information protected under applicable state laws (collectively, “Protected Information”) will only be used and disclosed in compliance with such laws. However, any non-PHI information you provide that is not protected under HIPAA or other privacy laws may be used or disclosed in accordance with our Privacy Policy.

It is important to note that de-identified information, which has been stripped of personally identifiable details in compliance with HIPAA, is not considered Protected Information and may be used for research, analytics, or service improvements.

Notice of Privacy Practices

The Medical Groups and Providers you consult through our Platform have adopted a Notice of Privacy Practices that details how they use and disclose Protected Health Information (PHI). By accessing or using Evolve Services, you acknowledge receipt of this Notice of Privacy Practices from your designated Medical Group and Provider(s).

Limitations on HIPAA Applicability

If HIPAA applies to any medical providers, laboratories, or pharmacies involved in your treatment, you agree that any non-medical information shared through the Platform, meaning data not used exclusively for medical diagnosis, treatment, prescription fulfillment, or laboratory services, is not considered Protected Information under HIPAA. Instead, such data will be subject to our Privacy Policy and any relevant state laws governing its use.

XV. Terms of Sale

All products and services offered through Evolve Your Bod are subject to availability. We reserve the right to limit the quantity of any order or reject any portion of an order at our discretion, with or without prior notice. In the event of an error, we reserve the right to correct it, which may involve adjusting the order to reflect the correct price or canceling the order and issuing a refund for any amount already charged. Product prices are subject to change at any time without prior notification.

Taxes and Fees

You are responsible for paying any sales tax, use tax, customs duties, or other government-imposed levies or fees (“Taxes”) that apply to your purchase. If Evolve Your Bod is required to collect Taxes, an estimate of the applicable amount will be displayed at checkout unless otherwise indicated. However, due to potential changes in tax rates and variances in payment processing systems, the final tax amount may differ from the estimate provided at checkout. Evolve Your Bod is not obligated to collect taxes in all states, and if we do not collect applicable Taxes, you may have a legal obligation to report and remit them directly to the appropriate authorities.

Payment Processing and Authorization

Purchases made through Evolve Your Bod must be completed using a valid and approved payment method. By providing payment information, you represent and warrant that:

- You are authorized to use the designated payment method.

- You authorize Evolve Your Bod to charge your payment method for the full transaction amount, including any applicable taxes, shipping, and handling fees.

- If your payment method is declined, we will attempt to process the transaction until approval is obtained.

Our third-party payment processors may request and receive updated payment card details (such as new card numbers or expiration dates) from your card issuer to ensure uninterrupted transactions. If such updates are received, you authorize Evolve Your Bod to update your account and use the revised payment details for future purchases, including applicable subscription fees, taxes, and shipping costs. Evolve Your Bod is not responsible for any additional fees or charges applied by your bank or payment card issuer. If a charge to your payment method is reversed, we may attempt to recover the balance by issuing a statement or billing you through an alternative method.

Transaction Information and Data Use

During any purchase made through our Platform, you may be required to provide payment details, including:

- Credit or debit card number and expiration date.

- Billing and shipping address.

- Contact details, including phone number and email address.

By submitting this information, you grant Evolve Your Bod the right to store, share, and process such data with authorized third-party payment processors to facilitate transactions.

Shipping, Handling, and Delivery

You agree to pay any shipping and handling charges displayed at checkout. We reserve the right to modify these charges at any time; however, we will provide notice of any applicable changes before you complete your purchase.

Any estimated delivery dates or times provided at checkout are for reference only and are not guaranteed. Unless otherwise stated in writing, the risk of loss or damage for products transfers to you once the product has been handed over to the designated carrier for delivery.

Issue Resolution and Customer Concerns

We handle customer inquiries, complaints, and concerns on a case-by-case basis. Evolve Your Bod reserves the right to determine how to address user issues at our sole discretion, taking into account the specific facts and circumstances of each case.

XVI. Your Responsibilities and Acknowledgment

As a user of Evolve Services, you are solely responsible for maintaining the confidentiality and security of your account credentials, including your username and password. Any activity conducted under your account is your responsibility, and Evolve Your Bod is not liable for any loss, damages, or unauthorized access resulting from failure to protect your login information.

If you forget your password, Evolve Your Bod will send account verification and password reset instructions to the email address associated with your account. You must ensure that your use of Evolve Services complies with all applicable laws, regulations, and ordinances, including any restrictions related to the export of data or software.

If you access Evolve Services through a mobile device, you are responsible for securing your device and associated login credentials. If your mobile device is lost, stolen, or left unattended, you understand that your personal information may be at risk of unauthorized access.

As a condition of using Evolve Services, you agree to the following:

A. Accuracy of Information

- All personal and health-related information you provide is accurate, complete, and up to date.

- You will promptly update any changes to your information to ensure its accuracy.

B. Account Security and Confidentiality

- Your account is personal to you and may not be shared with or used by anyone else.

- You agree to keep your username and password confidential and log out after each session.

- You accept full responsibility for all activities that occur under your account.

C. Password Protection

- If you suspect that your password has been compromised, you must change it immediately.

- You may not share, transfer, or disclose your password to anyone else.

- You may not create multiple accounts or use another person’s account at any time.

D. Security Breaches and Unauthorized Access

You agree to notify Evolve Your Bod immediately of any unauthorized account access, password misuse, or security breaches by emailing [email protected].

You may be required to provide additional information to Evolve Your Bod, affiliated healthcare entities, or medical providers to access healthcare services or fulfill prescriptions. While you may choose to withhold requested information, doing so may limit your ability to use Evolve Services or receive medical care.

You acknowledge that the quality of healthcare services provided through Evolve Services depends on the accuracy and completeness of the information you provide. Since Evolve Your Bod cannot independently verify all submitted information, we are not responsible for any consequences, including adverse health outcomes, resulting from incomplete or inaccurate data.

If we determine that your information is false, incomplete, or not properly maintained, or if we have reasonable suspicion of such inaccuracies, Evolve Your Bod reserves the right to:

- Suspend or terminate your account and access to services.

- Take any actions necessary to protect the security and integrity of the Platform and its users.

XVII. Restrictions on Use

By accessing and using Evolve Services, you agree to abide by all applicable laws and regulations. You also agree not to engage in any activities that could compromise the integrity, security, or lawful operation of the Platform. Specifically, you must not:

A. Prohibited Content and Conduct

1. Transmit or distribute any content that is unlawful, harmful, defamatory, harassing, hateful, infringing, or otherwise objectionable. This includes content that could cause harm to Evolve Services, its users, or any associated systems.

2. Misrepresent your identity or affiliation in any manner.

3. Collect, disclose, or misuse personal information obtained from the Platform without explicit written consent from the individual or as required by law.

4. Restrict, inhibit, or interfere with another user’s access to Evolve Services.

B. Unauthorized Access and Security Violations

You may not:

1. Reverse engineer, decompile, or disassemble any part of Evolve Services or attempt to do so.

2. Gain unauthorized access to the Platform, including attempting to access another user’s account or protected system data.

3. Use automated tools such as “bots,” “spiders,” or “offline readers” to generate excessive server requests or interfere with Platform operations.

4. Send chain letters, phishing messages, spam, or unauthorized advertisements through the Platform.

5. Introduce malware, spyware, viruses, worms, or other harmful code intended to damage or hijack software, networks, or devices.

6. Violate any local, state, or federal law in connection with the use of Evolve Services.

7. Modify, alter, or tamper with Evolve Services or its content in any way.

8. Allow unauthorized individuals to access or use your account.

C. API and Data Security Restrictions

You may not:

1. Access Evolve APIs except through an authorized connection via Evolve Web or Mobile Applications.

2. Use unauthorized tools, browser plugins, or network-monitoring applications (e.g., Fiddler, Wireshark) to intercept, capture, or analyze API communications.

D. Account Security and Improper Use

To maintain the integrity and security of Evolve Services, you agree that you will not:

1. Share, distribute, or disclose your username and password to others.

2. Use your login credentials in a way that allows unauthorized users to access the Platform.

3. Access Evolve Services for any unauthorized or third-party commercial purposes.

4. Attempt to register multiple accounts for yourself or others.

E. Prohibited Uses of the Platform and Intellectual Property

1. Use Evolve Services to create, develop, or support competing products or services.

2. Disrupt, disable, or impair Evolve Services through overloading, hacking, or security breaches.

3. Bypass, circumvent, or disable any security measures implemented by Evolve Your Bod.

4. Upload or transmit any Trojan horses, spyware, malicious scripts, or harmful code that could damage the Platform.

5. Remove or alter trademarks, copyright notices, or other proprietary rights from the Platform.

6. Copy, duplicate, store, or republish any content from Evolve Services without explicit authorization.

7. Capture, record, or share video footage, screenshots, or other Platform content for any purpose, including posting on social media.

F. Encouraging or Facilitating Violations

You may not:

1. Assist or enable others to engage in any of the prohibited activities listed above.

2. Violate HIPAA or other data privacy laws by sharing, misusing, or improperly handling health information.

Any violation of these restrictions may result in suspension or termination of your account, legal action, or other appropriate measures taken by Evolve Your Bod.

XVIII. Licensing

As long as you comply with these Terms, Evolve Your Bod grants you a personal, limited, revocable, non-exclusive, and non-transferable license to access and use Evolve Services and its content for your personal, non-commercial use only.

This license does not grant you any ownership rights over Evolve Services, its content, or any associated intellectual property. All rights not expressly provided in these Terms remain the sole property of Evolve Your Bod and its licensors.

You are strictly prohibited from:

- Reproducing, publishing, transmitting, distributing, displaying, modifying, or creating derivative works from any content provided through Evolve Services.

Selling, licensing, or commercially exploiting any portion of Evolve Services for personal or third-party gain.

Any unauthorized use of Evolve Services beyond what is expressly permitted in these Terms may result in the suspension or termination of your account and may constitute a violation of intellectual property laws.

XIX. Limited Healthcare Services

While Evolve Services facilitates access to telehealth consultations and prescription services, you acknowledge and agree that Evolve Your Bod does not provide direct medical care, diagnosis, or treatment. Creating an account and using the Platform does not establish a patient-provider relationship between you and Evolve Your Bod. All healthcare services accessed through the Platform are provided by independent, licensed medical professionals, who are solely responsible for the care they deliver. Evolve Your Bod is not liable for any outcomes related to the medical advice, treatments, or prescriptions provided by these independent professionals.

The Platform is designed for specific healthcare services and should not be considered a substitute for comprehensive medical care, diagnosis, or treatment. In some cases, a provider may determine that in-person care is necessary, and telehealth services may not be appropriate for your condition. If this occurs, you may receive notice that your medical concern cannot be addressed through Evolve Services, along with guidance on next steps.

Additionally, the Platform is not intended for emergency situations. If you are experiencing a medical emergency, call 911 or seek immediate care at the nearest medical facility. If you choose to discontinue your use of Evolve Services, you are strongly encouraged to maintain regular care with a primary care provider or other qualified healthcare professional.

EVOLVE YOUR BOD IS NOT RESPONSIBLE FOR, NOR LIABLE FOR, ANY MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR RECOMMENDATIONS PROVIDED BY HEALTHCARE PROFESSIONALS OR AFFILIATED MEDICAL ENTITIES USING THE PLATFORM.

XX. Telehealth Consent

Telehealth enables licensed healthcare professionals to provide medical consultations and treatment remotely using electronic communications and digital technologies. While telehealth can offer greater accessibility and convenience, it also carries certain risks and limitations, similar to any other medical service.

Before receiving healthcare services through Evolve Services, you must review and agree to the Telehealth Informed Consent, which outlines:

- The nature and scope of telehealth consultations.

- The potential risks and limitations associated with telehealth-based care.

- Your rights and responsibilities when using telehealth services.

By using healthcare services coordinated through Evolve Your Bod, you acknowledge that:

1. You understand and accept the risks associated with telehealth.

2. You consent to receiving medical care through telehealth services.

3. Evolve Your Bod is a beneficiary of the Telehealth Informed Consent and has the right to enforce its terms.

If you do not agree to the Telehealth Informed Consent, you will not be eligible to receive medical services through Evolve Services.

XXI. Payments

By using Evolve Services, you acknowledge and agree that you are solely responsible for all fees associated with the healthcare services you receive, including any charges from licensed medical providers and affiliated professional entities. When you submit a request for Evolve Services, you agree to pay all applicable fees at the time of service.

By entering your payment details and submitting your request, you authorize Evolve Your Bod, its affiliates, or third-party payment processors to charge the total amount due to your designated payment method.

Prescription Sales Are Final

Due to legal and safety regulations, Evolve Your Bod cannot accept returns of prescription medications for reuse or resale. All prescription sales are final. If you believe there has been an error in processing or filling your prescription, please contact us through your Evolve Your Bod account or by reaching our support team at [email protected].

Out-of-Network Disclaimer

You understand and agree that Evolve Your Bod and its affiliated medical professionals are not contracted with any health insurance providers—including commercial insurance plans, Medicare, Medicaid, or other government-funded programs. As a result:

- You are entirely responsible for paying all service fees out-of-pocket.

- No claims will be submitted to insurance on your behalf.

- Neither you nor any third party will be reimbursed for costs incurred using Evolve Services.

Additionally, certain pharmacies, laboratories, and medical providers that may be affiliated with Evolve Services could be enrolled in federal or state healthcare programs. However, due to the direct-payment nature of Evolve Services, the products and services provided through our platform are not covered benefits under these programs.

By using Evolve Services, you are making a deliberate decision to purchase medical services and products on a cash-pay basis, outside of any federal or state healthcare plan.

Payment Failures and Alternative Payment Methods

If your credit card expires or if Evolve Your Bod, its affiliates, or third-party payment processors are unable to process your payment, you may receive a notification requesting an alternative payment method. Evolve Services and its affiliated medical providers have no obligation to provide healthcare services until full payment is received and verified.

No Insurance Claims or Reimbursement

By choosing to use Evolve Services, you agree that:

1. You will not submit claims for reimbursement to Medicare, Medicaid, or any other federal/state healthcare program for any services or products obtained through Evolve Your Bod.

2. Evolve Your Bod, its affiliated providers, medical groups, pharmacies, and labs will not submit claims on your behalf to any healthcare insurance program.

By proceeding with Evolve Services, you acknowledge that you are purchasing medical services outside of the insurance system and that all payments are your sole responsibility.

XXII. Subscription Products and Services

Certain products and services offered through Evolve Your Bod are available exclusively on an automatically renewing subscription basis. By purchasing a subscription-based product or service, you agree to recurring payments at the intervals specified during enrollment. The amount charged will depend on the membership plan or service package you selected. For more details on pricing and renewal terms, please refer to our Subscription Payment Terms.

Automatic Payment Authorization

For subscription-based services, you authorize Evolve Your Bod to charge your designated payment method automatically at regular intervals until you cancel your subscription. Charges will continue based on the billing frequency associated with your selected plan unless canceled in accordance with our cancellation policy.

Account Maintenance and Subscription Management

While Evolve Your Bod may periodically contact you to update account details or ensure continued subscription access, it is your responsibility to:

- Maintain accurate and up-to-date payment information.

- Monitor your billing cycle and charges.

- Cancel your subscription if you no longer wish to continue the service.

Failure to update your payment details may result in interrupted access to subscription-based services. If payment processing fails, Evolve Your Bod reserves the right to suspend or terminate your subscription.

By continuing your subscription, you acknowledge and agree to automatic renewals and recurring charges unless you take action to cancel.

XXIII. Cancellations and Refunds

At Evolve Your Bod, we are committed to providing high-quality, personalized health and wellness solutions. Due to the customized nature of our products and services, all sales are final, and we do not accept returns. However, refunds may be considered in specific situations, as outlined below.

Eligibility for Refunds

We understand that certain circumstances may require a refund. You may be eligible for a refund under the following conditions:

- Ineligibility for Treatment – If, during your initial telehealth consultation, the provider determines that you are not eligible for treatment under the membership plan you selected, you will be issued a full refund as part of the cancellation process.

- Issues with Orders – If you experience a problem with your order, such as shipping errors, damaged products, or billing discrepancies, you must notify us within 48 hours of receiving your order.

To facilitate a resolution, please provide:

- Order number

- Tracking number

- Clear photos of any damage (if applicable)

- Image showing the product’s lot number

Order Verification Process

Our partner pharmacies document the packaging and sealing process of all shipments for quality control and dispute resolution. Before issuing a refund or replacement, Evolve Your Bod reserves the right to review pharmacy records to confirm accuracy in order fulfillment. Each request will be evaluated individually based on the provided evidence.

Processing of Approved Refunds

If a refund is authorized, it will be processed to your original payment method within 10 business days.

Delayed or Missing Refunds

If you have not received a refund after 10 business days, please check with your bank or credit card provider, as processing times may vary. If you still have not received your refund, contact Evolve Your Bod for further assistance.

XXVI. Intellectual Property

The Evolve Your Bod platform, including all content, software, and materials provided through Evolve Services, is owned and operated by Evolve Your Bod. By using our services, we grant you a non-exclusive, limited, and revocable license to access and use Evolve Services solely for your personal, non-commercial purposes during your active subscription. Your access is conditioned upon compliance with these Terms, and any unauthorized use may result in termination of your access.

You agree not to use Evolve Services for any commercial purposes, including but not limited to:

- Co-branding, framing, linking, reproducing, distributing, or reselling any portion of the platform without prior written consent.

- Using any Evolve content or branding in advertising, publicity, or promotions without express written approval.

Ownership & Restrictions on Use

All materials made available through Evolve Services, including text, software, graphics, video, images, audio, design, selection, and arrangement, are protected by copyright, trademark, and other intellectual property laws. These materials may be viewed, downloaded, or printed for personal use only within the limitations set forth in this Agreement. Any unauthorized copying, modification, reproduction, adaptation, or distribution of these materials is strictly prohibited and may result in legal action.

You understand that:

- Any unauthorized use of content from Evolve Services may violate copyright, trademark, and privacy laws.

- The format, structure, and design of the platform, including the look and feel, are copyright-protected and owned by Evolve Your Bod or licensed third-party providers.

- None of the trademarks, logos, or service marks used on the platform may be copied, imitated, or used without written consent from Evolve Your Bod or the rightful trademark owner.

Intellectual Property Rights

Evolve Your Bod retains exclusive ownership over all aspects of its platform, including but not limited to:

- Software, text, images, videos, design, and other platform content

- Any modifications, enhancements, or derivative works created from Evolve Services

- All intellectual property rights related to Evolve Services

If you submit suggestions, feedback, or ideas related to Evolve Services, you acknowledge that Evolve Your Bod may use them without compensation or obligation to you.

No rights, titles, or interests in Evolve Services or its intellectual property are transferred to you under these Terms, and all rights not expressly granted remain with Evolve Your Bod and its affiliates.

XXIV. Prescription Products

Certain medications offered through Evolve Your Bod require a licensed healthcare provider’s evaluation and prescription before they can be dispensed. You cannot obtain a prescription product through our Platform unless:

1. You have completed a telehealth consultation with a licensed provider.

2. The provider has determined that the medication is medically appropriate for your condition.

3. A valid prescription has been issued in your name.

Once prescribed, Evolve Your Bod will coordinate the dispensing and delivery of your medication through an approved partner pharmacy. If you prefer, you may have your prescription filled at a pharmacy of your choice, but you will be responsible for:

- Picking up or arranging delivery of the medication.

- Paying the pharmacy directly, which may result in pricing differences compared to purchasing through Evolve Your Bod.

Prescription Safety Notice

Please be mindful that not all prescriptions dispensed through our partner pharmacies come in child-resistant packaging. Medications may not be provided in child-proof containers, so take appropriate precautions to store prescriptions safely, especially in households with children.

All prescription medications provided through Evolve Your Bod are considered "Third-Party Goods and Services", as outlined in the Third-Party Goods and Services section of this Agreement.

XXV. Privacy

At Evolve Your Bod, we recognize the importance of privacy and confidentiality regarding your personal and health information. We are committed to protecting your data and ensuring transparency in how we collect, use, and share your information.

For detailed information on how your personal data is handled, please refer to our:

- Notice of Privacy Practices – outlining how protected health information (PHI) is used and disclosed in accordance with applicable laws.

- Privacy Policy – describing how we collect, store, and share personal information in connection with Evolve Services.

By using Evolve Services, you acknowledge that you have read and understood these policies.

XXVII. Third-Party Links and Websites

The Evolve Your Bod platform may include links, references, or integrations with third-party websites, applications, services, or other external content (collectively referred to as "Linked Sites"). These Linked Sites are provided for convenience and informational purposes only and do not imply endorsement, sponsorship, affiliation, or approval by Evolve Your Bod of the services, products, or content offered through those third parties.

1. No Control Over Third-Party Content

You acknowledge and agree that:

- Evolve Your Bod does not own, control, or influence the operation, content, or policies of any Linked Site.

- Any statements, opinions, advertisements, or claims presented on Linked Sites solely reflect the views of the third party and not those of Evolve Your Bod.

- We do not verify, review, or endorse the accuracy, completeness, legality, or appropriateness of information on any Linked Sites.

- Accessing or using any Linked Site is at your own risk and subject to the terms and privacy policies of that third-party website or service.

2. Limitation of Liability for Third-Party Links

By using Linked Sites, you agree that Evolve Your Bod is not liable for:

- Any misrepresentations, inaccuracies, omissions, or errors found on third-party platforms.

- Any harm, loss, damages, or expenses incurred from engaging with Linked Sites.

- Any security vulnerabilities, malware, phishing attempts, or data breaches that may occur when accessing Linked Sites.

3. Third-Party Transactions & Services

If you engage in transactions, subscriptions, or communications with a third party through Linked Sites, you do so solely at your discretion and risk. Evolve Your Bod is not responsible for:

- Billing disputes, contract obligations, refunds, or service issues between you and the third-party.

- Any personal data shared with, stored, or collected by third parties.

Evolve Your Bod strongly encourages you to carefully review any terms of use, privacy policies, and security practices before engaging with a third-party website or service.

XXVIII. Disclaimer of Warranties

1. Services Provided "As-Is"

By using Evolve Services, you expressly acknowledge and agree that:

- The services, content, materials, and products offered through Evolve Your Bod are provided “as is” and “as available” without warranties of any kind.

- Your access to and use of the platform is at your sole risk, and we make no guarantees regarding availability, accuracy, or uninterrupted service.

2. No Express or Implied Warranties

To the fullest extent permitted by law, Evolve Your Bod, its affiliates, service providers, and medical partners expressly disclaim all warranties, including but not limited to:

- Merchantability – We do not guarantee that services or products meet any specific commercial standard of quality.

- Fitness for a Particular Purpose – We do not warrant that our services will meet specific individual medical, business, or personal needs.

- Non-Infringement – We do not ensure that the platform does not violate third-party intellectual property rights.

- Error-Free Performance – We do not guarantee that services will be uninterrupted, secure, timely, or free of technical glitches, malware, or cyber threats.

3. No Responsibility for Third-Party Actions

Evolve Your Bod is not responsible for:

- Decisions, recommendations, or prescriptions made by licensed healthcare providers using our platform.

- Any adverse medical effects resulting from treatment, services, or medications provided through third-party pharmacies, labs, or medical groups.

- Data loss, unauthorized access, or cyberattacks affecting user information.

Some jurisdictions may not allow the exclusion of certain warranties, in which case these disclaimers may not fully apply to you.

XXIX. Limitation of Liability

1. No Liability for Damages

To the maximum extent permitted by applicable law, Evolve Your Bod and its affiliates will not be liable for:

- Direct, indirect, incidental, consequential, punitive, or special damages (including but not limited to financial loss, personal injury, property damage, emotional distress, business disruption, or reputational harm).

- Loss of profits, revenue, data, or goodwill, even if we have been advised of the possibility of such damages.Unavailability or malfunction of services due to technical failures, cyberattacks, third-party actions, regulatory restrictions, or force majeure events.

2. Maximum Liability Cap

If liability is found despite these limitations, Evolve Your Bod’s total liability will be limited to the lesser of:

- The total amount paid by you for services in the past 12 months, OR

- $1,000 USD.

3. One-Year Claim Limit

Any legal claim against Evolve Your Bod must be filed within one (1) year from the date of the event giving rise to the claim—otherwise, the claim is permanently waived.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND ADONIS HEALTH SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

XXX. Notices

1. Methods of Communication

We may provide official notices, updates, or communications to you via:

- Email (sent to the email address provided in your account).

- In-platform notifications or messages.

- Postal mail (if required by law or deemed necessary by us).

2. Your Responsibility

It is your responsibility to ensure that:

- Your contact details are accurate and up-to-date.

- You check your email and account notifications regularly for important updates.

Failure to review communications from Evolve Your Bod does not exempt you from any changes to policies, terms, or services.

XXXI. Indemnification

You agree to indemnify, defend, and hold harmless Evolve Your Bod, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, business partners, suppliers, service providers, medical professionals, and any other associated entities (collectively, "Evolve Parties") from and against any and all claims, liabilities, damages, judgments, losses, costs, expenses, and fees (including reasonable attorneys’ fees) that arise directly or indirectly from your actions, inactions, or misuse of the Platform. This includes, but is not limited to, any claims resulting from your violation of these Terms of Service, breach of applicable laws or regulations, misuse of Evolve Services, unauthorized use of your account, or engagement with third-party service providers, pharmacies, or medical professionals facilitated through the Platform.

You further agree to indemnify and hold the Evolve Parties harmless from any claims arising from inaccurate, incomplete, or misleading information you provide to the Platform or to any affiliated healthcare providers, as well as any unauthorized access, hacking, or data breaches resulting from your failure to safeguard your login credentials. Additionally, this indemnification covers any claims, lawsuits, or disputes initiated by third parties, including but not limited to governmental agencies, regulators, or other users, that result from your use or misuse of Evolve Services.

Evolve Your Bod reserves the exclusive right to assume control and defense of any legal matter for which you are required to indemnify us, and you agree to fully cooperate with our legal counsel in such defense. You may not settle any claim in a way that imposes an obligation, liability, or restriction on Evolve Your Bod without our prior written consent. This indemnification obligation shall survive the termination of your account or discontinuation of your use of Evolve Services.

XXXII. Modifications to the Platform

1. Right to Modify, Suspend, or Discontinue Services

Evolve Your Bod reserves the right to:

- Change, update, or discontinue any part of its platform at any time without liability.

- Temporarily suspend services for maintenance, security updates, or legal compliance.

- Permanently terminate access to services if deemed necessary.

2. No Liability for Service Interruptions

We shall not be liable for:

- Data loss, account termination, or service unavailability due to modifications.

- User dissatisfaction resulting from changes in service features, pricing, or availability.

3. Survival of Terms

If Evolve Services are discontinued or you terminate your account, the following sections will remain in effect:

- Limitation of Liability

- Disclaimer of Warranties

- Indemnification

- Governing Law & Dispute Resolution

XXXIII. Suspension and Termination of Rights

These Terms of Service will remain in full force and effect as long as you continue to access or use Evolve Your Bod services. You may terminate your agreement to these Terms at any time by discontinuing use of the Evolve Your Bod Platform and its services. Your right to access and use the Platform will automatically terminate if you violate any provision of these Terms.

Evolve Your Bod reserves the right to suspend or terminate your access, with or without prior notice, at any time and for any reason, including but not limited to violations of these Terms, suspected fraudulent activity, misuse of the services, non-compliance with legal or regulatory obligations, failure to pay fees owed, or conduct that we determine to be harmful to our business, other users, or third-party partners. Suspension or termination may include disabling your account, restricting access to certain features, or permanently revoking access to the Platform and services.

Upon termination of your rights under these Terms, your obligations, including those related to Indemnification, Limitation of Liability, Disclaimer of Warranties, Governing Law, Dispute Resolution, Arbitration, and Class Action Waiver, shall continue to apply and survive termination.

Subject to applicable laws, Evolve Your Bod reserves the right to maintain, delete, or destroy all records, communications, and materials you have posted or uploaded on the Platform, in accordance with our internal data retention and content policies. After termination, we will no longer be obligated to provide services to you, except where required by law, professional obligations, or medical record retention policies, including providing access to your health records if required. If termination occurs while you are receiving medical care through Evolve Your Bod, we will comply with all applicable legal, ethical, and professional obligations regarding continuity of care.

By using Evolve Your Bod, you acknowledge and agree that we have the sole discretion to enforce these Terms, including suspension or termination of your rights, without liability to you or any third party.

XXXIV. Governing Law, Dispute Resolution, and Arbitration

Governing Law

This Agreement and any disputes that arise from or relate to it shall be governed and interpreted in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any legal matters or claims brought against Evolve Your Bod will be subject to the jurisdiction of the state and federal courts located in Delaware, and you expressly consent to personal jurisdiction and venue in these courts for any legal action not subject to arbitration as outlined in this section.

Evolve Your Bod services are accessible within the United States. Because laws vary from state to state, you acknowledge and agree that the laws of Delaware will apply to all aspects of your use of our services. If you choose to access our services from outside the United States, you do so at your own discretion and are solely responsible for ensuring compliance with any local laws that may be applicable. Evolve Your Bod does not guarantee or represent that its services are appropriate or legally permissible for use outside of the U.S., and access from any jurisdiction where the services are illegal is strictly prohibited.

Mandatory Arbitration Agreement

To promote efficient dispute resolution, you and Evolve Your Bod agree to resolve any disputes exclusively through confidential, binding arbitration before a single arbitrator from the American Arbitration Association (AAA) rather than through a traditional lawsuit in court. This arbitration will be conducted under the AAA Consumer Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer-Related Disputes. The arbitration will be held in Fort Worth, TX., unless otherwise agreed upon by both parties. For additional information about Rules and Procedures of AAA, you may go to https://www.adr.org or you may call 800-778-7879.

By agreeing to this arbitration provision, you are waiving your right to a jury trial and your ability to participate in a class-action lawsuit or class-wide arbitration. This means that you and Evolve Your Bod agree to bring any dispute as an individual claim and not as part of a class or collective proceeding.

Scope of Arbitration

This arbitration agreement applies to any dispute, claim, or controversy that arises out of or relates to:

- Your use of Evolve Your Bod services,

- Any content, products, or services provided through Evolve Your Bod,

- Any interactions with healthcare professionals or affiliated entities,

- Any matters relating to the enforceability, interpretation, or validity of this Agreement.

This agreement to arbitrate applies regardless of when the dispute arose, including disputes that pre-date the existence of this Agreement and claims that arise after termination of your use of our services.

Informal Dispute Resolution Process

Before formally initiating arbitration, you and Evolve Your Bod agree to first attempt to resolve any dispute informally through a good-faith Informal Dispute Resolution Conference. This process is designed to promote efficient and cost-effective dispute resolution.

- The party initiating the dispute must provide written notice to the other party, requesting an Informal Dispute Resolution Conference.

- The conference must occur within 45 days after the notice is received unless an extension is mutually agreed upon.

- If you are represented by legal counsel, your attorney may participate, but you must personally attend the conference.

To initiate this process, you must send written notice to Evolve Your Bod at [email protected] or via mail to our designated legal address. The notice must include:

1. Your full name, phone number, mailing address, and email address.

2. A brief description of the dispute.

3. Any supporting documentation relevant to your claim.

If the dispute is not resolved within 30 days of the informal resolution conference, either party may proceed with arbitration.

Arbitration Process

If arbitration is necessary, it will be conducted by the AAA in accordance with its Consumer Arbitration Rules. The arbitration will be conducted in Delaware unless both parties agree to a different location or a virtual hearing. The arbitrator's decision will be final and binding and may be enforced in any court of competent jurisdiction.

Each party will bear its own legal costs and attorney’s fees unless otherwise required by applicable law. Evolve Your Bod will cover arbitration fees for claims under $5,000 unless the arbitrator determines the claim to be frivolous.

Exceptions to Arbitration Requirement

While arbitration is mandatory for most disputes, the following exceptions apply:

1. Intellectual Property Disputes – Any claims related to unauthorized use, piracy, or intellectual property violations may be brought in state or federal court in Delaware.

2. Small Claims Court – Either party may pursue a claim in small claims court if it qualifies under the jurisdiction’s rules and remains on an individual basis.

3. Injunctive Relief – Either party may seek temporary injunctive relief (such as a restraining order) in state or federal court if necessary to protect confidential information or intellectual property.

Waiver of Class Action and Jury Trial

YOU AND EVOLVE YOUR BOD EXPRESSLY WAIVE ANY RIGHTS TO TRIAL BY JURY AND TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION.

- No claim may be consolidated with another individual’s claim.

- No collective, representative, or class-wide arbitration is permitted.

- The arbitrator may award relief only in favor of the individual party bringing the claim.

If any provision of this section is found unenforceable, the remainder of the arbitration agreement will still apply, except that any class-action waiver or collective arbitration waiver shall not be severed.

Opting Out of Arbitration

You may opt out of the arbitration agreement within 30 days of first accepting these Terms by submitting a written request to:

Evolve Your Bod – Arbitration Opt-Out

5521 Bellaire Drive South, Suite 200, Fort Worth, TX, 76109

The request must include:

- Your full name, mailing address, email, and phone number.

- A clear statement that you wish to opt out of arbitration.

Opting out does not affect any other provisions of this Agreement, and if you previously agreed to arbitration, this opt-out does not apply retroactively.

Modifications to the Arbitration Agreement

If Evolve Your Bod makes future material changes to this arbitration agreement, you will have 30 days to opt out of the revised terms. If you do not opt out within this period, you will be bound by the updated arbitration agreement.

This arbitration provision survives the termination of your relationship with Evolve Your Bod and remains in effect indefinitely.

XXXV. Copyright Infringement

Evolve Your Bod is committed to respecting the intellectual property rights of others and expects its users to do the same. We reserve the right to remove any content, material, or information from our platform at our sole discretion and for any reason, including alleged copyright infringement. Additionally, Evolve Your Bod complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to online service providers (17 U.S.C. § 512). We respond to clear and properly formatted notices of alleged copyright infringement and take appropriate action, which may include the removal of infringing material and the termination of repeat infringers’ accounts.

A. Filing a Copyright Infringement Notice

If you believe that copyrighted material has been used on Evolve Your Bod without authorization and in a manner that constitutes copyright infringement, you may submit a written DMCA Notice of Claimed Infringement to our designated copyright agent at [email protected].

B. Required Elements of a DMCA Notice

To be effective, a copyright infringement notification must include all of the following elements:

1. A physical or electronic signature of the person authorized to act on behalf of the copyright owner.

2. A detailed description of the copyrighted work that has allegedly been infringed or, if multiple works are involved, a representative list of such works.

3. An identification of the material that is allegedly infringing, including sufficient details to help us locate it on our platform (e.g., URL or other descriptive location information).

4. Contact information for the complainant, including full name, address, telephone number, and email address.

5. A statement that the complainant has a good-faith belief that the use of the disputed material is not authorized by the copyright owner, its agent, or the law.

6. A sworn statement, made under penalty of perjury, that the information provided is accurate and that the complainant is the copyright owner or an authorized representative of the copyright owner.

Failure to provide all of the required information may result in a delay in processing your request.

If we receive a valid DMCA notice, we will review the claim and, where appropriate, remove or disable access to the allegedly infringing material. In accordance with the DMCA, Evolve Your Bod may also notify the individual responsible for posting the content, providing them with an opportunity to file a counter-notification if they believe the claim is incorrect or mistaken.

XXXVI. Severability of Provisions

If any provision of this Agreement is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be deemed modified to the extent necessary to make it enforceable, or, if modification is not possible, it shall be severed from the Agreement. However, this shall not affect the validity and enforceability of the remaining provisions, which shall continue to be in full force and effect.

The fact that Evolve Your Bod does not enforce any provision of this Agreement at any given time does not constitute a waiver of our right to enforce that provision in the future. Our failure to act on a breach or violation of these terms does not waive our right to pursue legal remedies in response to future breaches.

If a court determines that any portion of this Agreement cannot be enforced as written, the parties agree that the court should interpret and enforce the provision in a manner that most closely aligns with its original intent while remaining within the bounds of the law.

Additionally, section headings used in this Agreement are for convenience only and have no legal effect on the interpretation or enforceability of the provisions contained herein.

XXXVII. Third-Party Beneficiaries

Your use of any third-party software, services, or goods in connection with Evolve Your Bod is subject to the respective third-party’s terms, agreements, and policies. If the third-party provider has specific license agreements, terms of use, or service agreements, you agree to comply with those terms in addition to this Agreement. In cases where no explicit third-party agreement exists, this Agreement shall govern your interactions and use of such third-party services or goods.

When accessing or using Evolve Your Bod, you must ensure that your use aligns with any applicable third-party agreements, restrictions, and regulations. This includes, but is not limited to, the terms set forth by software providers, payment processors, affiliated medical service providers, pharmacies, and other external entities that may interact with or be integrated into the Evolve Your Bod platform. Any failure to adhere to third-party terms may result in the suspension or termination of access to the platform or services.

Except as explicitly outlined in this Agreement, including but not limited to the indemnification obligations benefiting Evolve Your Bod, its medical affiliates, service providers, pharmacies, labs, and healthcare professionals, and the arbitration agreement, there is no intention by either party to create any third-party beneficiary rights or to grant any third-party individual, subcontractor, or entity any legal or contractual enforcement rights. Unless specifically stated otherwise, no third-party shall have any entitlement to benefits, privileges, or legal claims arising under this Agreement.

By using Evolve Your Bod, you acknowledge that the company is not responsible for third-party actions, services, warranties, or liabilities, and any disputes concerning third-party goods or services must be resolved directly with the third-party provider. Your continued use of Evolve Your Bod signifies your agreement to these terms and conditions.

XXXVIII. No Agency Relationship

Nothing contained in this Agreement, nor any of the content, services, or interactions facilitated by Evolve Your Bod, shall be interpreted as establishing any form of partnership, joint venture, employment, fiduciary duty, or agency relationship between you and Evolve Your Bod, its affiliated medical groups, providers, laboratories, or pharmacies. You acknowledge that your use of Evolve Your Bod is strictly for personal or professional purposes as an independent party, and you do not have any authority to act on behalf of, represent, or bind the company or any of its affiliated entities in any capacity.

You further agree that you are not authorized to enter into contracts, make commitments, incur liabilities, or establish obligations on behalf of Evolve Your Bod, nor will any actions you take in connection with the platform, services, or affiliates be construed as being endorsed, ratified, or assumed by the company. Your participation in Evolve Your Bod's services does not grant you any employment rights, financial interests, or managerial control over the company or its affiliated medical professionals.

By continuing to use Evolve Your Bod, you expressly acknowledge and accept that your relationship with the company is that of an independent user and that no legal or business partnership is formed as a result of your access to or use of the services.

XXXIX. Assignment of Rights

You may not transfer, assign, or delegate any of your rights, responsibilities, or obligations under this Agreement, whether voluntarily, involuntarily, by operation of law, or otherwise. Any attempt by you to assign or transfer your rights under this Agreement without prior written consent from Evolve Your Bod shall be deemed null and void.

However, Evolve Your Bod retains the right, at its sole discretion and without prior notice or consent, to assign, delegate, or transfer this Agreement, including any rights, obligations, or contractual relationships associated with it, in whole or in part. This may occur in situations where Evolve Your Bod undergoes a corporate restructuring, merger, acquisition, sale of assets, or any other form of business transfer to an affiliate or third-party entity.

By using Evolve Your Bod, you acknowledge and agree that such transfers of rights and obligations may occur, and you further consent that any new owner or affiliated entity will assume the rights and obligations set forth in this Agreement without requiring additional approval from you.

XL. Contact Information

For any questions, concerns, or requests for clarification regarding this Agreement, or if you need to communicate with us regarding any legal matters, you may contact us using the details below:

📧 Email: [email protected]

We encourage you to reach out to us directly with any inquiries or concerns to ensure a prompt and appropriate response.