TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) govern your access to and use of www.aviomd.com and any websites, applications, patient-facing technology, content, communications, products, or services provided by or through AvioMD that reference these Terms (collectively, the “Services”).

These Terms constitute a legally binding agreement between you and AvioMD LLC, doing business as AvioMD (“AvioMD,” “we,” “us,” or “our”).

Please read these Terms carefully before using the Services.

1. ACCEPTANCE OF TERMS

By creating an account, accessing the Services, submitting information through the Services, purchasing a product or service, or otherwise using AvioMD, you agree to these Terms and our Privacy Policy.

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

2. ELIGIBILITY

You must be at least eighteen (18) years old, or the applicable age of majority in your jurisdiction, to use the Services.

By using AvioMD, you represent that:

• You meet applicable age requirements;
• You are legally capable of entering into this agreement;
• Information you provide is accurate and complete;
• You are using the Services for yourself unless expressly authorized otherwise; and
• Your use complies with applicable law.

Services, treatments, medications, pharmacy availability, and provider availability may vary by state.

3. AvioMD'S ROLE

AvioMD provides a technology and administrative platform designed to facilitate access to healthcare-related services.

AvioMD may facilitate access to:

• Licensed healthcare providers
• Medical groups

• Prescription treatment
• Pharmacies
• Laboratory testing
• Health assessments
• Non-prescription products
• Wellness products
• Patient communications
• Payment processing
• Shipping and fulfillment
• Other healthcare-related services

AvioMD currently works with third-party healthcare infrastructure and network partners, including Clinic X, to facilitate access to certain provider, pharmacy, fulfillment, and related healthcare services.

Unless expressly stated otherwise, AvioMD itself does not practice medicine, independently diagnose medical conditions, prescribe medications, or dispense prescription medications.

Clinical services are provided by independent licensed healthcare professionals or medical organizations responsible for the care they provide.

4. INDEPENDENT HEALTHCARE PROVIDERS

Any diagnosis, medical advice, treatment recommendation, prescription decision, laboratory interpretation, or other clinical decision is made by the licensed healthcare provider responsible for your care.

AvioMD does not control or interfere with providers' independent clinical judgment.

Use of the AvioMD platform alone does not establish a physician-patient relationship between you and AvioMD.

A provider-patient relationship may be established between you and the independent healthcare provider who evaluates or treats you.

Healthcare providers may determine that:

• A requested treatment is inappropriate;
• More information is required;
• Laboratory testing is necessary;
• An in-person evaluation is necessary;
• You are not eligible for a medication;
• Another treatment is preferable; or
• No treatment should be prescribed.

AvioMD does not guarantee that any healthcare provider will prescribe a particular medication or approve a requested treatment.

5. NOT FOR MEDICAL EMERGENCIES

AvioMD IS NOT AN EMERGENCY MEDICAL SERVICE.

Do not use the Services for an actual or suspected medical emergency.

If you believe you are experiencing a medical emergency, call 911 or seek immediate emergency medical care.

6. TELEHEALTH SERVICES

Healthcare services facilitated through AvioMD may be delivered using telehealth technology.

Telehealth may include:

• Electronic questionnaires
• Secure messaging
• Video consultations
• Audio communications
• Photographs
• Laboratory information
• Electronic medical records
• Other electronic communications

Telehealth has benefits and limitations.

Potential limitations include:

• Inability to perform a complete physical examination;
• Technical failures or interruptions;
• Incomplete patient information;
• Limitations on diagnostic testing;
• Electronic privacy or security risks; and
• Circumstances where in-person care may be more appropriate.

A healthcare provider may determine that telehealth is not appropriate for your condition.

7. ACCURACY OF MEDICAL INFORMATION

You agree to provide complete, truthful, accurate, and current information.

This includes information concerning:

• Medical conditions
• Medications
• Allergies

• Symptoms
• Health history
• Prior treatments
• Pregnancy status where relevant
• Laboratory results
• Other information requested by your provider

Providing incomplete or inaccurate information may create serious health risks.

8. PRESCRIPTION MEDICATIONS

Prescription medications are available only when prescribed by a licensed healthcare provider following an appropriate clinical evaluation.

Submitting an intake form, requesting a medication, paying a fee, or previously receiving a medication does not guarantee that a prescription will be issued.

Providers retain independent clinical discretion.

You agree to use prescription medication only according to the instructions of the prescribing provider and dispensing pharmacy.

9. PHARMACY SERVICES

AvioMD does not itself operate as a dispensing pharmacy.

AvioMD works with third-party healthcare infrastructure and pharmacy-network partners, including Clinic X, to facilitate access to independent licensed pharmacies.

Prescription medications, when clinically appropriate and prescribed by a licensed healthcare provider, may be dispensed and fulfilled by one or more independent state-licensed pharmacies available through applicable third-party networks.

The specific dispensing pharmacy may vary depending on:

• Patient location
• Prescribed medication
• Pharmacy licensing
• Availability
• Network participation
• Applicable law
• Other operational or clinical factors

Participating pharmacies are independently responsible for pharmacy services, including:

• Prescription verification

• Dispensing
• Medication preparation where applicable
• Labeling
• Pharmacist consultation
• Fulfillment
• Pharmacy compliance
• Pharmacy recordkeeping

Where permitted by law, you authorize AvioMD, its healthcare infrastructure partners, and your healthcare provider to transmit information reasonably necessary to facilitate pharmacy fulfillment.

10. CLINIC X

AvioMD currently utilizes Clinic X as a third-party healthcare infrastructure and network partner.

Clinic X may assist in facilitating access to healthcare providers, pharmacy networks, fulfillment infrastructure, administrative services, and other healthcare-related resources.

Clinic X is a separate third party and may operate under its own agreements, privacy policies, and terms.

AvioMD does not represent that Clinic X itself is the dispensing pharmacy for any specific prescription unless expressly identified as such.

The pharmacy or provider involved in a particular patient's care may differ based on treatment, location, availability, applicable licensing requirements, and other factors.

11. LABORATORY SERVICES

Certain treatments may require laboratory testing.

Laboratory services may be provided by independent clinical laboratories or authorized testing providers.

You authorize information reasonably necessary to coordinate testing, payment, results, and provider review to be shared among AvioMD, participating healthcare providers, infrastructure partners, and the applicable laboratory.

12. ACCOUNT REGISTRATION AND SECURITY

Certain Services may require an account.

You agree to:

• Provide accurate information;
• Keep account information current;
• Protect your login credentials;
• Not share your account;

• Notify AvioMD promptly of unauthorized access; and
• Accept responsibility for activity through your account to the extent permitted by law.

13. ELECTRONIC COMMUNICATIONS

By using the Services, you consent to receiving communications electronically, including through:

• Email
• SMS
• Telephone
• Secure messaging
• Account notifications

Communications may concern appointments, treatment, prescriptions, laboratory services, orders, billing, security, or account administration.

14. SMS/TEXT MESSAGING

If you provide a mobile number and consent to receive text messages, AvioMD and parties acting on its behalf may send you communications relating to the Services.

Message and data rates may apply.

Consent to receive promotional text messages is not a condition of purchasing healthcare services.

You may opt out of promotional messages by replying STOP where applicable.

15. FEES AND PAYMENT

Prices and fees displayed through the Services may change.

You agree to pay all amounts disclosed before completing a transaction.

You authorize AvioMD and its payment processors to charge your payment method for applicable:

• Consultation fees
• Treatment fees
• Medication charges
• Laboratory fees
• Product charges
• Subscription or membership charges
• Shipping
• Taxes
• Other disclosed charges

16. INSURANCE

Unless expressly stated otherwise, Services may be offered on a cash-pay basis.

AvioMD does not guarantee that services, medications, laboratory testing, or other expenses will be reimbursed by health insurance, an HSA, an FSA, or another benefit program.

17. RECURRING SERVICES AND SUBSCRIPTIONS

Certain treatments, products, memberships, or services may be offered on a recurring basis.

Where recurring billing applies, the frequency, price, and material renewal terms will be disclosed before enrollment.

By enrolling, you authorize recurring charges until cancellation.

Cancellation generally applies to future charges and does not automatically reverse charges already incurred for healthcare services, prescriptions, products, or orders already being processed.

Where available, cancellation may be completed through your AvioMD account or by contacting AvioMD through the contact methods listed on www.aviomd.com.

18. SHIPPING AND DELIVERY

Estimated delivery dates are estimates only.

Delivery may be affected by:

• Provider review
• Pharmacy processing
• Laboratory requirements
• Product availability
• Shipping carrier delays
• Weather
• Incorrect delivery information
• Regulatory restrictions
• Other circumstances outside AvioMD's reasonable control

You are responsible for providing an accurate delivery address and promptly retrieving delivered shipments.

You are also responsible for complying with applicable storage instructions provided by the pharmacy, provider, or manufacturer.

19. REFUNDS AND CANCELLATIONS

Refund eligibility depends on the type and status of the purchased service or product.

Applicable pharmacy laws may prohibit the return or resale of prescription medications after dispensing.

Consultation fees, provider-review fees, laboratory costs, customized services, medications already being prepared or dispensed, and other services already rendered may be non-refundable.

Specific cancellation or refund terms disclosed during checkout are incorporated into these Terms.

Nothing in this section limits rights that cannot legally be waived.

20. NON-PRESCRIPTION PRODUCTS AND SUPPLEMENTS

AvioMD may offer supplements, wellness products, or non-prescription products.

Unless otherwise stated, statements concerning dietary supplements have not necessarily been evaluated by the U.S. Food and Drug Administration.

Such products are not intended to diagnose, treat, cure, or prevent disease unless expressly authorized for such purpose under applicable law.

21. INFORMATIONAL CONTENT

Articles, videos, graphics, product descriptions, assessments, questionnaires, calculators, and other general information appearing through AvioMD are provided primarily for informational purposes.

Unless expressly communicated by the healthcare provider responsible for your care, such information does not constitute individualized medical advice.

22. NO GUARANTEE OF RESULTS

Responses to healthcare treatments vary by individual.

AvioMD does not guarantee:

• Weight loss
• Hormonal outcomes
• Laboratory improvements
• Sexual-health outcomes
• Skin improvements
• Hair growth
• Longevity outcomes
• Symptom resolution

• Any other specific clinical outcome

Testimonials and examples of individual experiences do not guarantee similar results.

23. PROHIBITED USE

You may not:

• Use the Services unlawfully;
• Impersonate another person;
• Submit fraudulent information;
• Attempt to obtain prescriptions through deception;
• Obtain medication on behalf of another person without authorization;
• Resell prescription medication;
• Interfere with Service security;
• Attempt unauthorized system access;
• Introduce malicious software;
• Circumvent technical protections;
• Scrape or systematically extract protected content without authorization;
• Violate intellectual-property rights; or
• Use the Services for fraudulent or abusive activity.

24. INTELLECTUAL PROPERTY

The AvioMD website, branding, software, graphics, designs, text, interfaces, photographs, videos, logos, and other protected content are owned by or licensed to AvioMD.

AvioMD grants you a limited, personal, revocable, non-exclusive, and non-transferable right to use the Services for their intended purpose.

No ownership interest is transferred to you.

25. THIRD-PARTY SERVICES

The Services may interact with healthcare providers, Clinic X, pharmacies, laboratories, payment processors, shipping companies, technology providers, or other third parties.

These organizations may maintain separate terms and privacy practices.

AvioMD does not control every aspect of independently operated third-party services.

26. SUSPENSION OR TERMINATION

AvioMD may suspend or terminate access when reasonably necessary, including due to:

• Violation of these Terms

• Suspected fraud
• Security concerns
• Abuse of healthcare services
• Nonpayment
• Illegal activity
• Discontinuation of a service
• Legal or regulatory requirements

27. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AvioMD TECHNOLOGY PLATFORM, WEBSITE, AND NON-CLINICAL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

AvioMD DOES NOT GUARANTEE THAT THE WEBSITE OR TECHNOLOGY PLATFORM WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

Nothing in these Terms disclaims or limits professional obligations imposed upon licensed healthcare providers or pharmacies.

28. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AvioMD LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE NON-CLINICAL PORTIONS OF THE SERVICES.

Nothing in these Terms limits liability that applicable law does not permit to be limited.

Independent healthcare professionals remain responsible for the professional healthcare services they provide.

29. INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless AvioMD LLC and its affiliates, officers, employees, and agents from third-party claims arising from:

• Your unlawful use of the Services;
• Your material violation of these Terms;
• Fraudulent information submitted by you;
• Infringement of another party's rights; or
• Misuse of the Services.

30. GOVERNING LAW

Except where federal law applies or applicable state law requires otherwise, these Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

31. DISPUTE RESOLUTION

Before bringing a formal legal claim against AvioMD, you and AvioMD agree to make reasonable efforts to resolve the dispute informally.

A party asserting a dispute should provide written notice describing the dispute and requested resolution and provide at least thirty (30) days for informal resolution.

Unless a separate arbitration agreement is presented to and accepted by you, disputes that are not resolved informally will be handled by courts with appropriate jurisdiction under applicable law.

Any mandatory venue or arbitration provision subsequently adopted by AvioMD should be separately reviewed for compliance with applicable California and federal law.

32. SEVERABILITY

If any provision of these Terms is determined to be unlawful or unenforceable, it will be enforced to the maximum extent permitted by law, and remaining provisions will continue in effect.

33. NO WAIVER

AvioMD's failure to enforce a provision of these Terms does not constitute a waiver of its right to later enforce that provision.

34. ASSIGNMENT

You may not assign your rights under these Terms without AvioMD's written consent.

AvioMD may assign these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, or similar transaction.

35. ENTIRE AGREEMENT

These Terms, AvioMD's Privacy Policy, and any other policies expressly incorporated into them constitute the agreement governing your use of AvioMD's Services, except where separate agreements govern services provided by independent healthcare providers, pharmacies, laboratories, or other third parties.

36. CHANGES TO THESE TERMS

AvioMD may periodically update these Terms.

When changes are made, AvioMD will update the “Last Updated” date.

Where required by law, AvioMD may provide additional notice of material changes.

37. CONTACT INFORMATION

Questions concerning these Terms may be directed to:

AvioMD LLC 1912 Pine Street Huntington Beach, CA 92648 United States

You may also contact AvioMD through the contact methods available at www.aviomd.com.

For medical questions, treatment concerns, or adverse reactions, contact the licensed healthcare provider responsible for your care.

For emergencies, call 911.