TERMS OF SERVICE

Last updated August 12, 2026

We are Ivologist Weight Loss Center, LLC, doing business as Ivologist ("Company," "we," "us," "our"), a limited liability company registered in Texas, United States, with its principal place of business at 26331 Tawny Way, Boerne, TX 78015, United States.

We operate the website https://ivologist.com (the "Site"), our mobile application, and any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

Ivologist is a modern medical wellness and weight-loss provider delivering clinician-guided care through a hybrid model of telehealth, in-clinic, and mobile services. Based in Texas and serving patients nationwide, Ivologist specializes in medically supervised weight management, metabolic optimization, hormone balancing, peptide therapies, and IV infusion wellness. Our platform connects patients with licensed clinicians for evidence-based treatment plans, prescription guidance, lab analysis, and follow-up care, supported by a premium concierge experience.

You can contact us by phone at 210-436-8822, by email at info@ivologist.com, or by mail at 26331 Tawny Way, Boerne, TX 78015, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Ivologist Weight Loss Center, LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time — including our Telehealth Informed Consent and Privacy Policy — are hereby expressly incorporated herein by reference. We reserve the right to make changes or modifications to these Legal Terms from time to time. We will alert you about material changes by updating the "Last updated" date of these Legal Terms and by providing notice by email or through the Services before the changes take effect. Your continued use of the Services after the effective date of revised Legal Terms constitutes acceptance of the changes.

The Services are intended for users who are at least 18 years old. Patients aged 13 to 17 may receive care through the Services only where clinically appropriate and permitted by law, and only with the consent of a parent or legal guardian, who must register, hold, and manage the account on the minor’s behalf. The Services are not available to, and may not be used by, children under 13.

We recommend that you print a copy of these Legal Terms for your records.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Medical Services and Telehealth

Medical care available through the Services is provided by licensed physicians, advanced practice providers, and other clinicians who are employed by or contracted with Ivologist and who are licensed in the states where our patients are located ("Providers"). Providers exercise independent professional judgment in all clinical matters; nothing in these Legal Terms directs or controls the practice of medicine.

Your receipt of medical services is governed by our Telehealth Informed Consent, available at https://ivologist.com/telehealth-consent, which is incorporated into these Legal Terms by reference. Use of the Site alone does not create a provider-patient relationship; that relationship is formed only when a Provider evaluates you and agrees to provide care. Prescription treatments are available only if clinically appropriate following a medical evaluation, and prescribing decisions rest solely with the Provider. The Services are not for medical emergencies. If you are experiencing an emergency, call 911 or go to the nearest emergency room.

3. Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to: access the Services; and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Requests may be addressed to info@ivologist.com. If we grant permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors and ensure any copyright or proprietary notice remains visible. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. We shall own the Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. This paragraph does not apply to your medical information, which is governed by our Privacy Policy and Notice of Privacy Practices, and any use of your health information or likeness in marketing or publications requires your separate written authorization.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality in which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution. Contributions may be viewable by other users of the Services and through third-party websites. By posting Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to use, copy, reproduce, distribute, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including your image, name, and voice) for any purpose, to prepare derivative works of or incorporate into other works your Contributions, and to sublicense these rights. You are solely responsible for what you post, you warrant that your Contributions are original or properly licensed and are not confidential, and you agree to reimburse us for losses caused by your breach of this section, third-party intellectual property rights, or applicable law. We may remove or edit Contributions we consider harmful or in breach of these Legal Terms and may suspend or disable your account.

4. User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are at least 18 years old, or you are the parent or legal guardian of a patient aged 13 to 17 and consent to the minor’s receipt of care through the Services; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

5. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. Accounts for patients aged 13 to 17 must be created and managed by a parent or legal guardian.

6. Purchases and Payment

We accept the following forms of payment: American Express, Mastercard, Visa, Affirm, CareCredit, Klarna, and Afterpay.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services, and to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as required by law. Prices for treatment plans, labs, medications, and IV therapy will be disclosed before purchase; we may change prices prospectively at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse or limit any order placed through the Services, including orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

7. Subscriptions

Billing and Renewal

Subscriptions and memberships are billed in advance on a recurring basis at the frequency disclosed at checkout (for example, monthly) and automatically renew at the end of each billing period at the then-current rate unless cancelled before the renewal date. By enrolling, you authorize us to charge your payment method on file on each renewal date until you cancel. The subscription price, billing frequency, renewal terms, and cancellation method are disclosed at checkout before you enroll, and we will send a confirmation of your enrollment containing these terms.

Cancellation

You can cancel your subscription at any time through your account settings or by contacting us at info@ivologist.com or 210-436-8822. Your cancellation will take effect at the end of the current paid term, and you will not be charged for subsequent periods. Cancellation does not entitle you to a refund of amounts already charged except as provided in Section 8. If you have any questions or are unsatisfied with our Services, please email us at info@ivologist.com.

Fee Changes

We may, from time to time, make changes to the subscription fee. We will notify you of any price change before it takes effect, in accordance with applicable law, and the change will apply no earlier than your next renewal, giving you the opportunity to cancel first.

8. Refund Policy

All sales are final and no refund will be issued, except as follows: if, after your purchase, a licensed Provider determines that a treatment, medication, or service is not medically appropriate for you and it therefore cannot be provided, we will refund the amount paid for the treatment, medication, or service that could not be provided. Refunds under this section will be issued to the original payment method. To request a refund, contact us at info@ivologist.com or 210-436-8822. Nothing in this section limits any non-waivable rights you may have under applicable law.

9. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations, including obtaining or attempting to obtain prescription medications through misrepresentation.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person, use the username of another user, or share prescription medications with any other person.
  • Upload or transmit any material that acts as a passive or active information collection or transmission mechanism.
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees, clinicians, or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services.
  • Copy or adapt the Services' software, or, except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any software comprising the Services.
  • Use, launch, develop, or distribute any automated system, including any spider, robot, scraper, or offline reader that accesses the Services, except as may result from standard search engine or Internet browser usage.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us or for any revenue-generating endeavor or commercial enterprise, sell or otherwise transfer your profile, or use the Services to advertise or offer to sell goods and services.

10. User Generated Contributions

When you create or make available any Contributions, you represent and warrant that: your Contributions do not infringe the proprietary rights of any third party; you are the creator and owner of your Contributions or have the necessary licenses, rights, consents, releases, and permissions; you have the written consent of each identifiable individual person in your Contributions; your Contributions are not false, inaccurate, or misleading; your Contributions are not unsolicited or unauthorized advertising or other forms of solicitation; your Contributions are not obscene, lewd, violent, harassing, libelous, or otherwise objectionable (as determined by us); your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone; your Contributions are not used to harass or threaten any other person or to promote violence; your Contributions do not violate any applicable law, regulation, or rule, including laws protecting the privacy, publicity rights, or well-being of minors; your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap; and your Contributions do not otherwise violate these Legal Terms. Any use of the Services in violation of the foregoing may result in, among other things, termination or suspension of your rights to use the Services.

11. Contribution License

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, and to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. You waive all moral rights in your Contributions. Notwithstanding the foregoing, any use of a patient’s health information, image, or testimonial in marketing or publications requires the patient’s separate written HIPAA authorization.

We do not assert any ownership over your Contributions; you retain full ownership. We are not liable for any statements or representations in your Contributions. We have the right, in our sole discretion, to edit, redact, re-categorize, pre-screen, or delete any Contributions at any time and for any reason, without notice, and we have no obligation to monitor Contributions.

12. Guidelines for Reviews

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. If a reviewer has received compensation, free products, or discounts in exchange for a review, that relationship will be clearly disclosed alongside the review. We may accept, reject, or remove reviews in our sole discretion. Reviews are not endorsed by us and do not necessarily represent our opinions. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content relating to the review.

13. Third-Party Websites and Content

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, designs, and other content belonging to or originating from third parties ("Third-Party Content"). Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for them, including their content, privacy practices, or policies. Inclusion of or linking to any Third-Party Website or Content does not imply approval or endorsement by us. If you access Third-Party Websites or use Third-Party Content, you do so at your own risk, and these Legal Terms no longer govern. Any purchases you make through Third-Party Websites are exclusively between you and the applicable third party, and you agree that we are not responsible for such purchases or for any harm or losses relating to Third-Party Content or Third-Party Websites. This section does not apply to pharmacies, laboratories, or other healthcare vendors acting on our or your Providers’ behalf in connection with your care.

14. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such user to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) remove from the Services or otherwise disable all files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

15. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy at https://ivologist.com/privacy-policy and, for patients, our Notice of Privacy Practices. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States. If you access the Services from any other region with laws governing personal data collection, use, or disclosure that differ from United States laws, you are transferring your data to the United States, and you consent to have your data transferred to and processed in the United States.

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

17. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. Termination of platform access does not terminate any ongoing course of medical treatment without appropriate clinical transition; patients will be given information about continuity of care and copies of their medical records consistent with applicable law.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

18. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services, except that this paragraph does not limit our obligations with respect to medical care already in progress.

19. Governing Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles. Nothing in this section deprives you of the protection of consumer-protection laws of the state where you reside that cannot be waived by contract.

20. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Consumer Arbitration Rules of the American Arbitration Association ("AAA") where applicable, and otherwise under the AAA Commercial Arbitration Rules, available at www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by, and where appropriate limited by, the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will issue a reasoned decision in writing. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the State of Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Legal Terms.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

21. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

22. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THIS DISCLAIMER APPLIES TO THE WEBSITE, MOBILE APPLICATION, AND GENERAL INFORMATIONAL CONTENT; IT DOES NOT DISCLAIM OR LIMIT THE PROFESSIONAL DUTIES OWED TO A PATIENT BY A TREATING PROVIDER IN CONNECTION WITH MEDICAL SERVICES ACTUALLY PROVIDED. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

23. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. THIS SECTION DOES NOT APPLY TO CLAIMS ARISING FROM MEDICAL SERVICES PROVIDED TO A PATIENT, AND DOES NOT LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

24. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services in violation of these Legal Terms; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

25. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for data that you transmit outside of your medical record. This section does not apply to your medical records, which we maintain and retain as required by applicable law and our Privacy Policy.

26. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means, to the extent such waiver is permitted by law.

27. SMS Text Messaging

Program Description

By opting into an Ivologist text messaging program, you expressly consent to receive text messages (SMS) at the mobile number you provide. Messages may include appointment reminders, order updates, responses to inquiries, and — only if you have separately opted in to marketing texts — promotional offers. Message frequency varies. Consent to receive text messages is not a condition of purchasing any goods or services.

Opting Out

You can opt out at any time by replying STOP to any message. After you send STOP, we will send one final message confirming that you have been unsubscribed, and you will receive no further messages from that program. You may also opt out by calling 210-436-8822 or emailing info@ivologist.com.

Help

Reply HELP to any message for assistance, or contact us at info@ivologist.com or 210-436-8822.

Message and Data Rates

Message and data rates may apply to any SMS messages sent or received, as determined by your carrier and mobile plan. Carriers are not liable for delayed or undelivered messages.

Privacy

Mobile information will not be shared with third parties for marketing or promotional purposes. For details, see our Privacy Policy: https://ivologist.com/privacy-policy.

28. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

29. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

30. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Ivologist Weight Loss Center, LLC

26331 Tawny Way, Boerne, TX 78015, United States

Phone: 210-436-8822 — Email: info@ivologist.com