Terms of Service

1. Agreement to These Terms

These Terms of Service ("Terms") form a binding agreement between you ("you" or "User") and Daily Slim Down LLC ("Daily Slim Down", "we", "us", or "our"). By creating an account, accessing the Daily Slim Down web or mobile application, or using any of our services (collectively, the "Platform"), you agree to be bound by these Terms, our Privacy Policy, our HIPAA Notice of Privacy Practices, our Telehealth Consent, our Billing & Subscription Authorization, our AI-Assisted Care Disclosure, and (where applicable) our Messaging & Calls Terms. If you do not agree, do not use the Platform.

2. About the Platform; Not the Practice of Medicine

Daily Slim Down is a technology platform that connects patients with independently practicing, state-licensed healthcare providers and partner pharmacies for non-emergency telehealth services, including weight-management and men's-health programs. Daily Slim Down LLC is not a medical practice, pharmacy, or insurance company and does not engage in the corporate practice of medicine.

Healthcare services are provided by independent licensed providers who exercise their own professional judgment. Pharmacy services are provided by independent licensed pharmacies. The Platform itself does not provide medical advice, diagnosis, or treatment.

3. Eligibility

To use the Platform you must:

• Be at least 18 years of age;
• Be a U.S. resident physically located in a state where our services are available at the time of each visit;
• Have the legal capacity to enter into a binding contract;
• Provide accurate, current, and complete health and account information; and
• Not be prohibited from using telehealth services or receiving care from any of our providers under applicable law.

4. Account Registration & Security

You are responsible for:

• Maintaining the confidentiality of your login credentials and any device used to access your account;
• All activity that occurs under your account, whether or not authorized;
• Promptly notifying us of any unauthorized access or security breach involving your account; and
• Keeping your contact, payment, and clinical information current and accurate.

We may suspend, restrict, or terminate accounts that we reasonably believe pose a security or compliance risk.

5. Medical Services; No Guarantee of Treatment

Membership or program payment does not guarantee that any prescription or treatment will be issued. All clinical decisions — including whether a medication is appropriate, the choice of medication, dosing, and continuation of therapy — are made solely by the licensed provider based on professional judgment, applicable standards of care, and state and federal law.

Certain medications, including controlled substances, may be subject to additional federal and state restrictions (including the Ryan Haight Online Pharmacy Consumer Protection Act of 2008) that limit or prohibit prescribing via telehealth without a prior in-person evaluation.

If your provider determines that the services you have purchased are not medically appropriate for you, please refer to the Billing & Subscription Authorization for refund eligibility.

6. Telehealth, Pharmacy & Third-Party Services

Care is delivered through telehealth technologies described in the Telehealth Consent. Prescriptions, when issued, are dispensed by independent licensed pharmacies (including 503A and 503B compounding pharmacies). Your relationship with your provider and pharmacy is independent of your relationship with the Platform.

7. Membership, Fees & Recurring Billing

Essentials plans, fees, billing cadence, refund policy, cancellation procedure, and price-change notices are set out in the Billing & Subscription Authorization, which is incorporated into these Terms by reference. By enrolling, you authorize recurring charges to your designated payment method until you cancel.

8. Acceptable Use

You agree not to:

• Provide false, misleading, or fraudulent information, including misrepresenting your identity, age, or location;
• Use another person's account or share your account with others;
• Use the Platform for any illegal purpose, to obtain controlled substances unlawfully, or to divert prescription medication;
• Reverse-engineer, scrape, decompile, or attempt to extract source code from the Platform;
• Introduce viruses, malware, or any code designed to disrupt the Platform;
• Interfere with other users' access or with the security of the Platform;
• Use the Platform to harass, threaten, or harm any other person, including providers and staff; or
• Use any automated means (bots, crawlers, scrapers) to access the Platform without our written permission.

Violations may result in immediate termination, forfeiture of fees, and referral to law enforcement.

9. User Content & License to Us

You retain ownership of the information and materials you submit (including photos, intake answers, and messages — collectively, "User Content"). You grant us a worldwide, royalty-free, non-exclusive license to host, store, process, transmit, display, and use User Content as necessary to operate the Platform, deliver care, comply with law, and improve our services in de-identified form. You represent that you have the right to provide the User Content and that it does not violate the rights of any third party.

10. Intellectual Property

The Platform, including all software, designs, text, graphics, logos, trademarks, and content (other than User Content), is owned by Daily Slim Down LLC or our licensors and is protected by U.S. and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your personal, non-commercial use in accordance with these Terms. All other rights are reserved.

11. Privacy, HIPAA & Communications

Your privacy is governed by our Privacy Policy and HIPAA Notice of Privacy Practices. Email and in-portal notices are an essential part of the service and you cannot opt out of transactional and clinical communications while you maintain an account. SMS and voice communications are optional and governed by our Messaging & Calls Terms.

12. AI-Assisted Features

The Platform uses AI tools to support, but not replace, clinical judgment. See the AI-Assisted Care Disclosure for details. AI outputs are not a medical device and are not a substitute for evaluation by your licensed provider.

13. Disclaimers

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Platform will be uninterrupted, error-free, secure, or that defects will be corrected. We make no representation regarding the outcome of any treatment plan, including weight loss or other clinical results.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DAILY SLIM DOWN LLC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR PERSONAL INJURY, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PLATFORM WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (b) ONE HUNDRED U.S. DOLLARS ($100). NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW (INCLUDING LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT).

15. Indemnification

You agree to indemnify, defend, and hold harmless Daily Slim Down LLCand its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (i) your User Content, (ii) your use or misuse of the Platform, (iii) your breach of these Terms, or (iv) your violation of any law or the rights of any third party.

16. Termination

You may stop using the Platform and cancel your membership at any time as described in the Billing & Subscription Authorization. We may suspend or terminate your account and access to the Platform at any time, with or without notice, for any reason, including suspected violation of these Terms, suspected fraud, non-payment, or risk to patient safety. Sections that by their nature should survive termination (including Sections 9–10, 13–15, 17–22) will survive.

17. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, and by applicable U.S. federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18. Binding Arbitration; Class-Action Waiver

Please read this section carefully — it affects your legal rights.

Except for (a) small-claims-court matters within that court's jurisdiction, (b) actions to protect intellectual property, and (c) claims that cannot be required to be arbitrated under applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Judgment on the award may be entered in any court of competent jurisdiction.

Class-Action Waiver.You and we agree that each may bring claims against the other only in our individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

30-Day Right to Opt Out. You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your full name, account email, and a clear statement that you wish to opt out of arbitration.

19. Changes to These Terms

We may modify these Terms from time to time. If we make material changes we will notify you by email or in-portal notice and update the version number and effective date above. Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms. If you do not agree, you may cancel as described in the Billing & Subscription Authorization.

20. Electronic Communications & Records

You consent to receive communications, agreements, disclosures, notices, and records from us electronically (including via email and in-portal messages), and you agree that such electronic communications satisfy any legal requirement that they be in writing. You may withdraw consent to electronic delivery only by closing your account.

21. Force Majeure

We will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, public-health emergencies, war, terrorism, civil unrest, government action, labor disputes, internet or utility outages, or third-party service-provider failures.

22. Miscellaneous

• Entire Agreement. These Terms and the documents referenced above constitute the entire agreement between you and us regarding the Platform and supersede all prior agreements.
• Severability. If any provision is held unenforceable, the remaining provisions will remain in full force and effect.
• No Waiver. Our failure to enforce any provision is not a waiver of that provision.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.
• Headings. Section headings are for convenience only and have no legal effect.
• Notices to You. We may give notice by email to the address on file or by in-portal message.

23. Contact Us

Questions about these Terms?
Entity: Daily Slim Down LLC
Legal: [email protected]
Support: [email protected]
Mailing address available on request — please email [email protected]