Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "Patient") and PepNationRX ("PepNationRX," "we," "us," or "our") governing your access to and use of the PepNationRX website at pepnationrx.com and all associated applications, features, and services (collectively, the "Platform").

BY CREATING AN ACCOUNT, CLICKING "I AGREE," OR OTHERWISE USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PLATFORM.

2. Platform Description and MSO Disclosure

PepNationRX provides a technology platform and administrative management services that connect patients with:

• Independent, licensed healthcare providers (physicians, nurse practitioners, physician assistants, and other licensed clinicians) who provide telehealth consultations, clinical assessments, and when appropriate, prescriptions
• Licensed 503A compounding pharmacies that prepare and dispense compounded medications pursuant to valid prescriptions issued by independent providers

PepNationRX provides administrative, management, and technology services to support these independent clinical entities. PepNationRX does not practice medicine, does not control or direct clinical decision-making, and maintains no physician-patient relationship with you. All clinical services are provided exclusively by the independent providers.

PepNationRX acts as a designated billing agent for the medical practice that is the Merchant of Record for your subscription. When you pay through the Platform, you are paying for clinical services rendered by independent practitioners through an administrative billing arrangement facilitated by PepNationRX.

3. Eligibility and Account Registration

To use the Platform, you must:

• Be at least 18 years of age
• Be a legal resident of a U.S. state or territory where the Platform is available
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Platform by applicable law
• Provide accurate, current, and complete information during registration

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access to or use of your account at security@pepnationrx.com.

You may not create more than one account. Accounts are not transferable.

Geographic Availability: The Platform is not available in all U.S. states. Provider availability depends on state licensing requirements. We will inform you if telehealth services are not available in your state at the time of your request.

4. Telehealth Services

4.1 Nature of Telehealth

Telehealth involves the delivery of healthcare services through electronic communications, information technology, or other means between healthcare providers and patients. By agreeing to these Terms, you acknowledge and consent to the following:

• Telehealth is not the same as an in-person visit. Information transmitted to the provider may not be sufficient to make an accurate diagnosis or treatment decision.
• Delays in medical evaluation and treatment could occur due to deficiencies or failures of the technology used.
• Security protocols could fail, causing a breach of privacy of personal medical information.
• A lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other judgment errors.
• The consulting provider may determine that the condition cannot be properly evaluated by telehealth and may recommend that you see a provider in person.

4.2 Informed Consent for Telehealth

Before receiving clinical services, you will be required to provide separate informed consent for telehealth services. By providing that consent, you acknowledge the risks and limitations of telehealth, confirm that you have had an opportunity to ask questions, and agree to receive services via electronic means.

4.3 Asynchronous and Synchronous Care

The Platform primarily facilitates asynchronous (store-and-forward) telehealth, where you complete intake questionnaires that are reviewed by a provider at a later time. Where offered, synchronous (real-time) video or audio consultations may also be available. The type of care available depends on the treatment you select and your state of residence.

4.4 Clinical Decision-Making

All clinical decisions, including whether to issue a prescription, are made solely by the independent, licensed providers. You understand and agree that:

• A prescription is not guaranteed. The independent provider may, at their sole discretion, decline to prescribe any medication.
• PepNationRX has no authority to override, influence, or direct any clinical decision made by an independent provider.
• The provider-patient relationship exists between you and the independent provider, not between you and PepNationRX.

5. Compounded Medications and Pharmacy Services

5.1 What Are Compounded Medications?

Compounded medications are drugs prepared specifically for an individual patient pursuant to a valid prescription from a licensed prescriber. Compounding is performed by licensed 503A compounding pharmacies under applicable state pharmacy board regulations and the standards of the U.S. Pharmacopeia (USP). Compounded medications may include ingredients, strengths, or dosage forms not commercially available.

5.2 Pharmacy Independence

The compounding pharmacies that fulfill prescriptions through our Platform are independently owned and operated, licensed by applicable state pharmacy boards, and operate under separate professional obligations. PepNationRX is not a pharmacy, does not employ pharmacists, and is not responsible for the compounding, quality testing, labeling, storage, or delivery of medications by the pharmacy.

5.3 Quality and Safety

We partner with pharmacies that follow USP <797> (sterile) and USP <795> (non-sterile) compounding standards and that conduct third-party potency and sterility testing. However, because compounded medications are not subject to FDA approval, we cannot guarantee their safety, effectiveness, or quality. You assume certain risks when using compounded medications.

5.4 Not a Substitute for Commercially Available Drugs

Compounded medications are intended for patients whose clinical needs cannot be met by commercially available drug products. By proceeding with a compounded medication, you acknowledge that you have been informed of this limitation by your independent provider.

5.5 No Insurance Coverage for Compounded Medications

Compounded medications are generally not covered by health insurance plans. You are solely responsible for the full cost of compounded medications prescribed and dispensed through the Platform.

6. Billing, Subscriptions, and Refunds

6.1 Subscription Plans

Many treatments on the Platform are available through recurring subscription plans billed on a monthly, 3-month, or 6-month cadence. Your subscription begins on the date your first payment is processed. You authorize us to charge your payment method on a recurring basis at the selected cadence until you cancel.

6.2 Billing Agent Relationship

Payments are processed by PepNationRX as the designated billing agent for the licensed medical practice that is the Merchant of Record. Your payment statement may display the name of the medical practice or "PEPNATIONRX.COM." This reflects the MSO billing-agent arrangement and does not create a direct financial relationship between you and PepNationRX outside of this agency role.

6.3 Cancellation Policy

You may cancel your subscription at any time through your account dashboard. Cancellation takes effect at the end of the current billing period. We do not issue refunds for the current billing period upon cancellation, except as required by applicable law or as provided in our refund policy below.

6.4 Refund Policy

• No Prescription Issued: If you complete intake and a provider determines that a prescription is not appropriate for you, and you have not yet been billed for a medication shipment, you are entitled to a full refund of any charges paid for the clinical consultation associated with that determination. Contact support@pepnationrx.com within 30 days.
• Medication Shipment Errors: If you receive a medication that is incorrect, damaged, or compromised in transit, contact us within 7 days of receipt for a replacement or refund.
• General Policy: Because clinical services have been rendered and medications have been specially compounded for you as an individual, we generally do not issue refunds after a prescription has been filled and shipped. All sales of compounded medications are final except as described above.

6.5 Price Changes

We may change subscription prices with at least 30 days' advance notice by email. Your continued use of the Platform after the price change becomes effective constitutes your agreement to pay the new price.

6.6 Taxes

You are responsible for all applicable taxes associated with your subscription. Telehealth services and compounded medications may or may not be subject to sales tax depending on your state of residence.

7. Provider Independence and Corporate Practice of Medicine

PepNationRX operates in compliance with state corporate practice of medicine (CPOM) laws. PepNationRX does not own, operate, or control any licensed medical practice. Independent providers on the Platform are either employed by or contracted with licensed physician-owned professional corporations or professional limited liability companies (PC/PLLCs) in each applicable state.

The independent providers retain sole authority over all clinical decisions, including diagnoses, treatment plans, and prescriptions. PepNationRX's management services agreement with the independent medical groups does not include any authority to direct clinical care.

You understand that no employment or agency relationship is created between you and any independent provider, and no employment relationship exists between PepNationRX and the independent providers.

8. No Insurance; No Guarantee of Prescription

PepNationRX does not accept health insurance for payment. The Platform is a cash-pay service. You are solely responsible for all fees charged through the Platform. Nothing on the Platform constitutes insurance coverage or a guarantee of insurance reimbursement. You should consult your insurance plan to determine whether any services may be eligible for reimbursement as an out-of-network benefit.

A prescription is not guaranteed. Accessing the Platform and paying for a consultation does not guarantee that an independent provider will prescribe medication. The provider will evaluate your intake information and may, at their sole professional discretion: (i) issue a prescription; (ii) request additional information; (iii) recommend an alternative treatment; or (iv) determine that treatment is not appropriate. In the event no prescription is issued, our refund policy in Section 6.4 applies.

PepNationRX is not a healthcare provider and cannot provide, recommend, or guarantee any particular medical outcome.

9. Your Obligations

By using the Platform, you agree to:

• Provide accurate, truthful, and complete health information during intake and throughout your relationship with the Platform. Providing false or misleading health information is a breach of these Terms and may result in immediate account termination and forfeiture of any refund rights.
• Use the Platform only for lawful purposes and in accordance with these Terms.
• Not attempt to circumvent any security or access control measures.
• Not use the Platform to obtain medications for resale, distribution, or use by any person other than yourself.
• Immediately notify us and seek emergency medical assistance if you experience a medical emergency.
• Follow all instructions provided by your independent provider regarding medication use.
• Maintain a relationship with a primary care physician for ongoing care needs not suitable for telehealth.
• Not share your account credentials with any other person.
• Comply with all applicable laws, including those governing the possession and use of prescription medications.

10. Intellectual Property

All content on the Platform, including text, graphics, logos, icons, images, audio clips, and software, is the property of PepNationRX or its content suppliers and is protected by U.S. and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Platform for your personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any content from the Platform without our express written permission.

11. Privacy and HIPAA

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, protect, and disclose your information, including Protected Health Information (PHI) as defined by HIPAA. By using the Platform, you consent to our collection and use of your information as described in the Privacy Policy.

12. Disclaimers of Warranties

THE PLATFORM AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

PEPNATIONRX DOES NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ANY DEFECTS WILL BE CORRECTED; (C) THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS.

PEPNATIONRX MAKES NO WARRANTIES REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CLINICAL ADVICE, DIAGNOSIS, OR TREATMENT PROVIDED BY INDEPENDENT PROVIDERS THROUGH THE PLATFORM.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEPNATIONRX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE PLATFORM; (B) ANY CLINICAL SERVICES PROVIDED BY INDEPENDENT PROVIDERS; (C) ANY MEDICATIONS DISPENSED BY INDEPENDENT PHARMACIES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (E) ANY OTHER MATTER RELATING TO THE PLATFORM.

IN NO EVENT SHALL PEPNATIONRX'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU PAID TO PEPNATIONRX IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow limitations on implied warranties or exclusions of certain damages, so some of the above limitations may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless PepNationRX and its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party rights, including any intellectual property or privacy rights; (d) any false, inaccurate, or misleading information you provide; or (e) your use of compounded medications in a manner inconsistent with your provider's instructions.

15. Dispute Resolution and Binding Arbitration

15.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at legal@pepnationrx.com and attempt to resolve the dispute informally. We will try to resolve the dispute within 60 days. If we cannot resolve the dispute informally within 60 days, either party may initiate formal dispute resolution as described below.

15.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT AND CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES. The arbitration shall be conducted in Cook County, Illinois, or, at your election, via remote hearing. The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

15.3 Class Action Waiver

YOU AND PEPNATIONRX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.

15.4 Opt-Out

You may opt out of the arbitration agreement by sending written notice to legal@pepnationrx.com within 30 days of first accepting these Terms. Your notice must include your name, address, and a statement that you opt out of the arbitration agreement.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. To the extent that any lawsuit or court proceeding is permitted under these Terms, you and PepNationRX agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Cook County, Illinois.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email at least 30 days before the changes become effective and will post a notice on the Platform. Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform before the effective date.

18. Contact Information

If you have questions about these Terms, please contact us:

• Email: legal@pepnationrx.com
• Support: support@pepnationrx.com
• Mailing Address: PepNationRX, 4830 97th Place, Oak Lawn, IL 60453