ASCEND VITALITY — TERMS OF SERVICE

Last Updated: January 1, 2026

These Terms of Service (“Terms”) apply to and govern your access to and use of the websites av-life.com and ascendhealth.life, including any subdomains, mobile versions, and any related services, tools, content, forms, checkouts, patient-intake flows, messaging, and other functionality (collectively, the “Sites” or “Platform”).

Ascend Vitality LLC (“Ascend Vitality,” “Ascend,” “Company,” “we,” “us,” or “our”) provides a technology and administrative platform that may facilitate access to independent, licensed healthcare providers and/or professional entities (each, a “Provider,” and collectively, “Providers”) and third-party pharmacies and fulfillment partners (“Pharmacies”). Ascend Vitality is not a medical provider and does not practice medicine or pharmacy.

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION:
These Terms contain an arbitration agreement and class action waiver. Unless you opt out as described in Section 18, disputes will be resolved by binding individual arbitration.

MEDICAL EMERGENCIES:
If you think you have a medical emergency, call 911 or go to the nearest emergency room immediately. The Platform is not for emergency care.

1. Acceptance of These Terms

By clicking “I agree,” checking a box indicating acceptance, signing electronically, creating an account, submitting an intake, scheduling or attending a telehealth visit, purchasing or paying for any services, or otherwise using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms.

If you do not agree, do not use the Platform.

Agency Authority: If you are using the Platform on behalf of another person or entity, you represent and warrant that you have authority to bind that person or entity to these Terms.

2. Eligibility

You must be at least 18 years old to use the Platform. Certain programs may have additional clinical eligibility criteria, which may include age ranges, medical history, contraindications, or required labs.

You represent and warrant that the information you provide is accurate and complete, and you agree to keep it up to date.

3. Definitions

• “Clinical Services” means professional healthcare services provided by Providers (e.g., evaluation, telehealth visit, medical decision-making, follow-ups, care coordination, documentation, and related professional services).
• “Pharmacy Services” means services provided by Pharmacies, including dispensing, compounding (if applicable), packaging, shipping, and related pharmacy operations.
• “Program” means a service package, subscription, membership, or offering made available through the Platform that may include Clinical Services and/or Pharmacy Services, and may include non-clinical administrative services.
• “Subscription” means a recurring billing arrangement (e.g., monthly) for access to a Program and/or ongoing services.

4. Relationship Between Ascend Vitality, Providers, and Pharmacies

1. Ascend Vitality is not a healthcare provider. We provide technology, administrative, and customer support services and facilitate access to Providers and Pharmacies.
2. Provider relationship. When you engage in Clinical Services, you may enter into a provider-patient relationship with a Provider or professional entity, not with Ascend Vitality.
3. Pharmacy relationship. Medications (including prescription products) are dispensed by independent Pharmacies pursuant to a Provider’s prescription, if issued.
4. No guarantee of prescription. A prescription is issued only if a Provider determines, in their independent professional judgment, that it is appropriate. You may be found ineligible for treatment, and you may be offered alternative recommendations.

5. Telehealth Consent and Location Requirements

By using the Platform, you consent to receive Clinical Services via telehealth (which may include synchronous video, telephone, and asynchronous messaging where permitted).

You understand that:

• Telehealth has limitations compared to in-person care.
• Technical failures may occur.
• Your Provider may determine telehealth is not appropriate for your condition and may require in-person care.

You must be physically located in a U.S. state where your Provider is licensed (or otherwise legally permitted to practice) at the time of the telehealth encounter. You agree to provide truthful location information when requested.

6. Health Information, Patient Responsibilities, and Safety

You agree to:

• Provide accurate medical history, medication lists, allergies, and other information.
• Follow Provider instructions and seek emergency care when appropriate.
• Use medications only as prescribed and never share or resell medications.
• Complete recommended labs or follow-ups when clinically required.

If you provide inaccurate information, the Clinical Services may be unsafe or ineffective, and you may be removed from a Program.

7. Prescriptions, Medication Information, and Compounded Products

1. Prescription-only products. Certain products offered through the Platform require a valid prescription issued by a Provider.
2. Compounded medications (if applicable). If a Provider prescribes a compounded medication, you understand compounded drugs are prepared by a Pharmacy and are not FDA-approved. Compounded medications may carry different risks than FDA-approved products. You should discuss risks, benefits, alternatives, and side effects with your Provider.
3. No promotional equivalency claims. You should not interpret anything on the Platform as stating that any compounded product is a “generic” of or “the same as” any FDA-approved drug. Your Provider will determine what is clinically appropriate.
4. Controlled substances. Some therapies (including certain hormone therapies) may be regulated as controlled substances. Where applicable, prescribing is subject to federal and state law and may require additional steps, including identity verification, PDMP checks, or an in-person evaluation.

8. Labs and Third-Party Services

Some Programs may require lab testing. Labs may be performed by third-party laboratories and may be billed separately by the lab unless explicitly included in your Program price at checkout.

The Platform may integrate with third-party technology vendors to enable telehealth, messaging, scheduling, payments, and other functions. Third-party terms and privacy practices may apply.

9. Pricing, What You Are Paying For, and Payment Processing

IMPORTANT: YOU ARE PAYING FOR SERVICES AND, IF PRESCRIBED, PRESCRIPTION-RELATED PHARMACY FULFILLMENT — NOT A GUARANTEED OUTCOME.

Depending on the Program you select, amounts charged may include one or more of the following:

• Clinical Services fees (Provider evaluation, visit, care plan, documentation, follow-ups where applicable);
• Administrative/platform fees (technology, support, coordination, intake processing);
• Pharmacy Services fees (dispensing/compounding, packaging, shipping);
• Applicable taxes where required.

You acknowledge and agree:

• A Provider may determine you are not clinically appropriate for a requested medication.
• Clinical Services may still be provided even if no prescription is issued (e.g., evaluation and medical decision-making).
• Medication fulfillment timelines can vary based on Pharmacy processing, clinical requirements, and shipping carriers.

Payment Processing / Collection Agent: Ascend Vitality may collect payments directly and/or as a collection agent on behalf of Providers and/or Pharmacies where permitted.

10. Subscriptions, Automatic Renewal, and Authorization to Charge

If you enroll in a Subscription, you authorize Ascend Vitality (and/or its payment processors) to charge your payment method on a recurring basis at the frequency and amount disclosed at checkout (plus applicable taxes) until you cancel in accordance with Section 11.

You agree that:

• Your Subscription renews automatically unless canceled.
• We may place a preauthorization/temporary hold to verify your payment method.
• If a payment fails, we may retry, suspend services, and/or require an updated payment method.

Price Changes: We may change Subscription pricing with advance notice as required by law. If you do not agree, you must cancel before the new price takes effect.

11. Cancellation; Changes; Pausing

How to Cancel: You may cancel your Subscription:

• Through your account portal (if available), or
• By emailing support at [email protected] from the email associated with your account.

Timing: To avoid being charged for the next billing period, cancellation requests must be received at least 5 business days before your next scheduled charge date. If you cancel after that time, you may be charged for the upcoming period and cancellation will take effect for the following cycle.

Effect of Cancellation: Cancellation stops future renewals. It does not retroactively refund prior charges.

We may offer pausing or plan changes in limited circumstances at our discretion; any such changes are not guaranteed and may require Provider approval.

12. NO RETURNS; ALL SALES FINAL; NO REFUNDS

ALL SALES ARE FINAL. NO RETURNS. NO REFUNDS, EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW OR AS EXPRESSLY STATED IN THESE TERMS.

You acknowledge and agree:

1. Clinical Services are services. Once rendered (including evaluation, medical decision-making, visit time, documentation, and coordination), Clinical Services fees are non-refundable.
2. Prescription products are not returnable. For patient safety and quality control reasons, and consistent with Pharmacy and regulatory standards, prescription products cannot be returned or accepted back once dispensed/shipped.
3. No refunds due to dissatisfaction or change of mind. Results vary. We do not offer refunds because you dislike the taste, decide not to use a product, do not follow the plan, experience expected side effects (as disclosed), or fail to achieve desired outcomes.
4. Shipping issues. If a shipment is confirmed lost in transit or arrives materially damaged, we may, in our discretion, coordinate a replacement or other resolution after investigation (which may require photos, carrier confirmation, and/or Pharmacy review). This does not create a general refund right.

If you initiate an intake/visit and then choose not to proceed, fees for professional time and administrative processing may still be owed and are non-refundable.

13. Charge Disputes, Chargebacks, and Billing Errors

We want to resolve concerns quickly and fairly.

Before disputing any charge with your bank/card issuer, you agree to contact us first at [email protected] and provide a description of the issue and supporting information. We will review and respond in a commercially reasonable timeframe.

You acknowledge that charges on your statement may appear as “Ascend Vitality,” “AV Life,” “Ascend Health,” or a similar descriptor.

Unauthorized/Fraudulent Charges: Nothing in these Terms limits your rights regarding truly unauthorized or fraudulent charges. If you believe a charge is unauthorized, notify us immediately.

Improper Chargebacks: To the maximum extent permitted by law, you agree that initiating a chargeback for services rendered, a visit attended (or made available), or medication dispensed/fulfilled in accordance with these Terms constitutes a breach of these Terms. If you initiate a chargeback that is not based on fraud/unauthorized use, you agree that we may:

• Suspend or terminate your access to the Platform and Programs;
• Provide documentation to your bank/issuer demonstrating authorization and fulfillment (including timestamps, IP address/device logs, signed consents, visit records/attendance logs, clinical documentation confirmations, shipping confirmation/tracking, and communications);
• Require you to pay any amounts owed, including reasonable administrative fees associated with the chargeback and collection of unpaid balances, where permitted by law.

14. Account Registration, Security, and Electronic Signatures

You may need to create an account. You are responsible for maintaining confidentiality of your login credentials and for all activity under your account.

You agree that:

• Electronic signatures, acknowledgments, and checkboxes have the same legal effect as handwritten signatures.
• We may verify your identity for safety, compliance, and fraud prevention.

15. Communications, Text Messages, and Email

By providing your contact information, you consent to receive communications from us electronically, including emails and texts related to your account, services, appointments, billing, and required notices.

Marketing texts/emails (if any) are optional and subject to applicable law. You can opt out of marketing messages by following instructions in the message. Transactional/administrative messages may continue as permitted by law.

16. Privacy, HIPAA, and Data Security

Our Privacy Policy and any Notice of Privacy Practices presented to you are incorporated by reference and are part of these Terms.

You acknowledge that:

• Providers and Pharmacies may be subject to HIPAA and other privacy laws.
• Ascend Vitality uses administrative, technical, and physical safeguards designed to protect information, but no system is 100% secure.

17. Prohibited Uses

You agree not to:

• Use the Platform for unlawful purposes;
• Provide false, misleading, or incomplete information;
• Attempt to obtain medications for resale, distribution, or non-medical use;
• Harass, threaten, or abuse staff, Providers, or other users;
• Reverse engineer, scrape, probe, or interfere with Platform security or operations;
• Circumvent clinical eligibility decisions or attempt to obtain prescriptions improperly.

We may suspend or terminate access for any violation.

18. Dispute Resolution, Arbitration Agreement, and Class Action Waiver

Please read this section carefully.

18.1 Informal Resolution First

Before filing a claim, you agree to contact us at [email protected] and provide:

• Your name and account email,
• A description of the dispute,
• The relief requested.

We will attempt to resolve disputes informally.

18.2 Binding Individual Arbitration

If we cannot resolve the dispute informally, you and Ascend Vitality agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, payments, or services (excluding certain carve-outs below) shall be resolved by binding individual arbitration and not in court.

Arbitration will be administered by a nationally recognized arbitration provider (e.g., AAA or JAMS) under its consumer arbitration rules, as applicable, except as modified by these Terms.

18.3 Class Action Waiver

You and Ascend Vitality agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

18.4 Exceptions

Either party may bring:

• Claims in small claims court if eligible, and
• Claims for injunctive or equitable relief for misuse of intellectual property or unauthorized access to the Platform.

18.5 Opt-Out Right

You may opt out of arbitration by sending a written notice within 30 days of first accepting these Terms, stating your name, account email, and a clear statement that you wish to opt out of arbitration, to:

Ascend Vitality LLC
Attn: Legal – Arbitration Opt-Out
30 N Gould St Ste R
Sheridan, WY 82801
or email: [email protected] with subject “Arbitration Opt-Out” (include the same details).

19. Disclaimers

THE PLATFORM AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASCEND VITALITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee:

• That you will be prescribed any medication,
• That treatment will achieve any particular results,
• That the Platform will be uninterrupted or error-free.

Clinical outcomes vary by individual and depend on many factors, including adherence, medical history, and clinical appropriateness.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ASCEND VITALITY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASCEND VITALITY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID TO ASCEND VITALITY FOR THE RELEVANT SERVICE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

21. Indemnification

You agree to indemnify, defend, and hold harmless Ascend Vitality and its officers, directors, employees, contractors, agents, and affiliates from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your misuse of the Platform, violation of these Terms, or violation of any law or third-party rights.

22. Intellectual Property

The Platform, including all content, trademarks, logos, software, text, graphics, and design, is owned by or licensed to Ascend Vitality and is protected by applicable intellectual property laws.

You are granted a limited, revocable, non-transferable license to access and use the Platform for your personal, non-commercial use in accordance with these Terms.

23. Feedback and Reviews

If you submit feedback, suggestions, testimonials, or reviews, you grant Ascend Vitality a non-exclusive, worldwide, royalty-free license to use them for legitimate business purposes (e.g., improving services, marketing), subject to applicable law and any applicable privacy obligations.

24. Termination

We may suspend or terminate your access at any time if we believe you violated these Terms, engaged in fraud or abuse, posed a safety risk, or for compliance reasons.

Termination does not relieve you of payment obligations incurred prior to termination.

25. Changes to These Terms

We may update these Terms from time to time. The “Last Updated” date will reflect changes. Material changes will be provided via the Platform or email as required by law.

Your continued use after changes become effective constitutes acceptance of the updated Terms.

26. Governing Law

To the maximum extent permitted by law, these Terms are governed by the laws of the State of Wyoming, without regard to conflict of law principles, except where federal law applies.

27. Severability; Entire Agreement; Assignment

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

These Terms, together with any policies incorporated by reference (including the Privacy Policy), constitute the entire agreement between you and Ascend Vitality regarding the Platform.

You may not assign your rights under these Terms without our prior written consent. We may assign these Terms as part of a merger, acquisition, reorganization, or sale of assets.

28. Contact Information

Ascend Vitality LLC
30 N Gould St Ste R
Sheridan, WY 82801
Email: [email protected]