Legal

Terms of Service

Effective Date: March 11, 2026  |  Last Updated: March 11, 2026

These Terms of Service (“Terms”) are a legally binding agreement between you and Sublime Vitality Inc., a California corporation (“Sublime Vitality,” “we,” “us,” or “our”), governing your access to and use of the Sublime Vitality physician platform, including the websites dr.sublimevital.com and admin.sublimevital.com, all associated applications, Digital Sales Rooms, and any related services (collectively, the “Platform”).

By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, do not access or use the Platform.

The Platform is available exclusively to licensed healthcare providers holding a valid National Provider Identifier (NPI) issued by the Centers for Medicare & Medicaid Services (CMS). By accessing the Platform, you represent and warrant that:

• You are a licensed physician, nurse practitioner, physician assistant, or other licensed healthcare provider in good standing in your jurisdiction of practice;
• You hold a valid, active NPI;
• Your professional license has not been revoked, suspended, or subject to disciplinary action that would impair your authority to prescribe or recommend medical treatments;
• You are accessing the Platform for professional purposes related to your medical practice, not as a consumer or patient; and
• You are at least 18 years of age.

Sublime Vitality reserves the right to verify your credentials at any time and to suspend or terminate access if you do not meet these eligibility requirements or if your representations are found to be inaccurate.

Access to the physician portal requires NPI verification and authentication via Google OAuth. You are responsible for:

• Providing accurate, current, and complete information during the application and NPI verification process;
• Maintaining the security of your login credentials and promptly notifying us of any unauthorized access to your account;
• All activity that occurs under your account, whether authorized by you or not; and
• Updating your account information promptly if your professional credentials, practice location, or contact information changes.

You may not share your account credentials with any other person. Each user must have their own verified account. Unauthorized sharing of credentials is grounds for immediate account termination.

Subject to your compliance with these Terms, Sublime Vitality grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for lawful professional purposes within your medical practice.

This license does not include the right to:

• Copy, reproduce, distribute, or create derivative works from Platform content except as expressly permitted;
• Resell, sublicense, or otherwise transfer your access rights to any third party;
• Access the Platform for any competitive purpose, including to build a competing product or service;
• Scrape, crawl, or use automated means to access Platform data;
• Circumvent, disable, or interfere with any security features of the Platform; or
• Use the Platform in any manner that violates applicable law, including federal and state healthcare laws.

By placing an order through the Platform, you acknowledge and agree that:

• You are ordering compounded products for use in your medical practice under your professional authority and judgment;
• You understand that compounded products differ from FDA-approved drugs and have not undergone the same pre-market review process;
• You are solely responsible for determining the appropriateness of any compounded product for any individual patient under your care, consistent with your professional obligations and applicable scope of practice;
• Sublime Vitality makes no representations or warranties regarding the therapeutic equivalence of any compounded product to any FDA-approved drug;
• All orders are subject to availability and the terms agreed to at checkout; and
• Sublime Vitality is not a licensed pharmacy and does not engage in the compounding, dispensing, or pharmacy practice of drugs. Product fulfillment is managed by licensed healthcare providers and their authorized facilities.

Product descriptions, dosing information, and educational content on the Platform are for informational purposes only and do not constitute medical advice, clinical guidance, or a treatment protocol. You are solely responsible for exercising your independent professional judgment in applying any information from the Platform to patient care.

The Platform includes an AI-powered clinical assistant (the “AI Assistant”) available exclusively to NPI-verified licensed healthcare providers. The AI Assistant is designed to support physician education and research by providing information sourced from published clinical literature, including PubMed and peer-reviewed journals, as well as product-specific data maintained by Sublime Vitality.

By using the AI Assistant, you acknowledge and agree that:

• AI-generated responses are not a substitute for your independent professional medical judgment and do not constitute medical advice, diagnosis, or treatment recommendations;
• Information provided by the AI Assistant is sourced from publicly available clinical literature, published research, and Sublime Vitality product data — it may contain errors, omissions, or outdated information;
• You are solely responsible for independently verifying any information, including dosing protocols, clinical evidence, and safety data, before applying it in any clinical or prescribing context;
• The AI Assistant may reference products available through the Platform; such references are informational and do not constitute a recommendation to prescribe, dispense, or administer any specific product;
• Conversations with the AI Assistant are logged for compliance auditing, quality assurance, and regulatory purposes as described in our Privacy Policy;
• You must not submit patient Protected Health Information (PHI), including names, dates of birth, medical record numbers, or other patient-identifying information, into the AI Assistant; and
• Sublime Vitality disclaims all liability for any clinical decision, patient outcome, or regulatory consequence arising from your reliance on AI Assistant outputs.

Access to the AI Assistant requires a one-time acknowledgment of these terms prior to first use. Continued use of the AI Assistant constitutes your ongoing agreement to these conditions.

The Platform may allow you to generate, customize, and distribute physician-branded educational materials through the Media Kit feature. Your use of Media Kit materials is governed by the separate Media Kit Terms of Use, which are incorporated into these Terms by reference.

Key obligations include:

• You are solely responsible for reviewing all materials for accuracy and compliance with applicable law before distributing them to patients or the public;
• You must not make claims that compounded products are FDA-approved or equivalent to any FDA-approved drug;
• You must not use materials in a manner that violates FTC health advertising guidelines, state medical board regulations, or any applicable professional conduct rules; and
• Sublime Vitality is not liable for any consequence arising from your patient-facing use of educational materials generated through the Platform.

You agree not to use the Platform to:

• Violate any applicable federal, state, or local law, including healthcare fraud and abuse laws, Anti-Kickback statutes, Stark Law, and state licensing regulations;
• Submit false, misleading, or fraudulent information, including misrepresenting your credentials;
• Access, collect, or use another user’s account or personal information;
• Transmit, post, or distribute patient Protected Health Information (PHI) through the Platform;
• Make representations to patients or the public that compounded products are FDA-approved or have undergone FDA review;
• Use Platform content or data for competitive intelligence or to develop a competing product;
• Engage in conduct that could expose Sublime Vitality to liability or harm its reputation; or
• Interfere with the security, integrity, or performance of the Platform.

All content, features, and functionality of the Platform — including text, graphics, logos, software, and data — are owned by Sublime Vitality or its licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws.

You retain ownership of your practice’s brand assets (logos, colors, practice name) that you upload to the Platform. By uploading brand assets, you grant Sublime Vitality a limited license to use them solely for rendering and delivering your customized educational materials through the Platform.

Educational content and research materials on the Platform are licensed for your personal professional use only. You may not reproduce, distribute, or publicly display Platform content without our prior written consent.

THE PLATFORM AND ALL CONTENT, PRODUCTS REFERENCED, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUBLIME VITALITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION ON THE PLATFORM; AND
• WARRANTIES REGARDING THE SAFETY, EFFICACY, OR QUALITY OF ANY COMPOUNDED PRODUCT.

Your use of the Platform is at your sole risk. No information obtained through the Platform creates any warranty not expressly stated in these Terms.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUBLIME VITALITY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL SUBLIME VITALITY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO SUBLIME VITALITY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain types of damages. In such jurisdictions, the above limitations may not fully apply to you, and Sublime Vitality’s liability shall be limited to the maximum extent permitted by applicable law.

You agree to defend, indemnify, and hold harmless Sublime Vitality and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

• Your use of the Platform in violation of these Terms;
• Your violation of any applicable law or regulation, including healthcare laws;
• Your patient-facing use of educational or marketing materials generated through the Platform;
• Any misrepresentation regarding your professional credentials or license status; or
• Your clinical decisions, prescribing practices, or patient care activities.

Sublime Vitality may suspend or terminate your access to the Platform at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms or applicable law.

You may close your account at any time by contacting us at privacy@sublimevital.com. Account closure does not affect any data retained under our legal retention obligations (see Privacy Policy, Section 4).

Upon termination, your license to use the Platform immediately ceases. Sections 4, 8, 9, 10, 11, 13, and 14 of these Terms survive termination.

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. To the extent any dispute is not subject to arbitration under Section 14, you consent to exclusive jurisdiction and venue in the state and federal courts located in California.

Agreement to Arbitrate

Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”) shall be resolved by binding individual arbitration, except as provided below.

Informal Resolution First

Before initiating arbitration, you agree to first contact us at privacy@sublimevital.com and attempt to resolve the Dispute informally for at least 30 days. If the Dispute is not resolved within 30 days, either party may proceed to arbitration.

Arbitration Rules

Arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, or, if applicable, its Consumer Arbitration Rules, as modified by these Terms. The arbitration shall take place in California. The arbitrator shall have authority to award any remedy available at law or in equity, except as limited by these Terms.

Class Action Waiver

YOU AND SUBLIME VITALITY 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class or representative proceeding.

Exceptions

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent imminent irreparable harm pending arbitration. Nothing in this Section limits Sublime Vitality’s right to seek relief in court for intellectual property infringement.

Opt-Out

You may opt out of this arbitration agreement by notifying us in writing at privacy@sublimevital.com within 30 days of first accepting these Terms. Your opt-out notice must include your name, NPI, email address, and a clear statement that you are opting out of arbitration.

Entire Agreement. These Terms, together with the Privacy Policy and Media Kit Terms of Use, constitute the entire agreement between you and Sublime Vitality regarding the Platform and supersede all prior agreements.

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

Waiver. Failure by Sublime Vitality to enforce any right under these Terms does not constitute a waiver of that right.

Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may freely assign our rights.

Changes to Terms. We may update these Terms at any time. If we make material changes, we will notify you by email or in-Platform notice and update the effective date above. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

Contact. Questions about these Terms may be directed to privacy@sublimevital.com.