Effective: October 2, 2026

Terms of Service

These Terms of Service (the "Terms") form a binding agreement between you and Halftime Health LLC, a Delaware limited liability company ("Halftime Health," "we," "us," or "our"), governing your access to and use of the website at halftime.health, our member platform, mobile experiences, and any related products and services we make available (collectively, the "Service").

Please read these Terms carefully. Section 13 contains a binding individual-arbitration agreement and a class-action waiver. You may opt out of arbitration within 30 days of first accepting these Terms. By creating an account, purchasing a subscription, or otherwise using the Service, you agree to these Terms.

1. Who we are and what the Service is

Halftime Health is a direct-to-consumer telehealth brand. Halftime Health is not a medical practice and does not provide medical advice, diagnosis, or treatment. Clinical services available through the Service are provided by the independently licensed clinicians of Arora Health and/or its subsidiary entities ("Arora Health" or the "Clinical Affiliate"), whose licensed clinicians evaluate intake, diagnose, and prescribe where clinically appropriate. Compounded medications prescribed through the Clinical Affiliate are dispensed by an independent licensed compounding pharmacy, BoomRx.

Halftime Health provides the technology, member experience, payment, fulfillment coordination, and customer-support layer that connects you with the Clinical Affiliate and the dispensing pharmacies. Halftime Health is a HIPAA Business Associate of the Clinical Affiliate; it is not your healthcare provider and does not practice medicine.

2. Eligibility

To use the Service you must:

Be at least 21 years of age.
Be a resident of one of the U.S. states in which the Service is offered. As of the Effective Date, the Service is offered nationwide, identified at /legal/state-availability.
Be physically located in an eligible state at the time you receive clinical services.
Have the legal capacity to enter into a binding contract.
Provide accurate, current, and complete information when creating an account and using the Service.

This paragraph applies only if you buy a membership or a protocol. Certain protocols and products are subject to additional eligibility requirements, which include minimum-age requirements above 18 for sexual-health protocols, sex-based clinical indications, contraindication screens for GLP-1 protocols, and synchronous-visit requirements for hormone-optimization protocols. These additional eligibility requirements are surfaced to you in the relevant intake flow and per-protocol informed consent before any prescription decision is made.

Section 4A.4 sets the eligibility rules for one-off blood tests.

3. Account registration and security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to:

Provide accurate and complete registration information and keep it updated.
Notify us immediately of any unauthorized use of your account.
Use multi-factor authentication where offered.
Not share your account, transfer it, or impersonate another person.

We may suspend or terminate accounts for actual or suspected violation of these Terms, fraud, abuse, or as required by law.

3A. Which parts of these Terms apply to you

In these Terms:

a "member" is a person who buys a Halftime membership;
a "test buyer" is a person who buys one or more one-off blood tests and does not hold a membership; and
a "one-off blood test" is a single at-home blood test bought on its own. It is not a blood test included in a membership.

Every section of these Terms applies to you, except:

Section 4 (subscriptions, billing and auto-renewal) applies only if you buy a membership. If you are a test buyer, nothing in Section 4 applies to you.
Section 4A (one-off blood tests) applies to every one-off blood test, whether a member or a test buyer buys it.
Sections 5.2 and 5.3 apply to members and to anyone who books a clinician video visit. Section 5.4 applies only if you buy a membership or a protocol.
The recurring billing authorization and the prescription auto-refill authorization in Section 17 apply only if you buy a membership or a protocol. A test buyer never gives them.

Section 9A applies to every user of the Service, including a test buyer.

If you are a test buyer, you agree to nothing that recurs. You pay once for each test you choose. We will not charge you again unless you make a new purchase.

4. Subscription terms, billing, and auto-renewal (members only)

This Section 4 applies only if you buy a membership. If you buy only one-off blood tests, Section 4A applies to you and this Section 4 does not.

4.1 Subscriptions, the onboarding panel, and on-demand panels

The Service offers subscription tiers and one-time purchases, currently:

Tier	Monthly price	Description
Essentials	$69/mo	Baseline membership — platform access, coordination of clinician reviews with Arora Health clinicians, and one standard onboarding test (two panels, not recurring)
Optimizer	$99/mo	Higher-touch membership with two standard lab panels a year
Elite	$189/mo	Highest-touch membership with four advanced lab panels a year

Membership includes the app, marketplace access, the onboarding bloodwork panel, coordination of the blood testing in your plan as listed in the table above, and coordination of clinician reviews with Arora Health (the professional-services provider). It does not include medication, and it does not limit which protocols a clinician may prescribe.

Members may also buy one-off blood tests under Section 4A, at the price shown at checkout.

Pricing for premium peptide add-ons and certain protocols (including GLP-1 protocols where the medication COGS is variable) is confirmed during your clinician review and at checkout.

Prices, tier composition, and add-on pricing may change. We will provide reasonable notice before changes apply to your existing subscription.

4.2 Auto-renewal

First charge. Your membership is charged at signup. That first charge covers the onboarding bloodwork panel and coordination of your clinician review. Monthly membership billing begins one month after you confirm a prescribed protocol or, if the clinician does not prescribe one, one month after you joined. We charge for a protocol only after a clinician approves it.

Subscriptions automatically renew on the same calendar day each month at the then-current price using your payment method on file, until you cancel. By starting a subscription, you authorize Halftime Health and our payment processor to charge your payment method on a recurring basis.

Renewal reminders. If you have a protocol in progress, it runs in 3-month cycles. We send a renewal reminder 14 days before each 3-month cycle ends, so there is time to complete your blood test, goal review, clinician review, and prescription before the next cycle. For other monthly renewals, including memberships without a protocol in progress, we do not send a reminder; we send a receipt after each charge. We also send any additional renewal notice that applicable state auto-renewal law requires (including the California Auto-Renewal Law, Oregon Revised Statutes §§ 646A.292–646A.295, New York General Business Law §527-a, and similar statutes).

Click-to-cancel. You may cancel your subscription at any time and through the same channel by which you signed up: from your account settings ("Account → Subscription → Cancel"), by emailing support@halftime.health, or by writing to the postal address below. If you cancel at any time before a renewal charge is taken, we do not take that charge, and you keep access until the end of the period you have already paid for. Cancelling your membership also cancels your protocol subscriptions at the same time: we do not take any further membership or protocol charge and do not start a new pack. Anything you have already paid for still ships. The cancellation flow in your account settings may show optional offers, such as a discount or a pause. You can skip any offer and cancel in the same flow, without contacting support.

4.3 Refunds

Membership fees are charged in advance for the upcoming billing cycle. Compounded medications are patient-specific and cannot be returned for refund or resale once shipped.

If a clinician determines you are not clinically eligible for a prescribed protocol after payment and prior to shipment, refund treatment depends on whether your onboarding bloodwork panel has been drawn. Your first membership charge includes that panel. If the kit has been drawn, we keep the membership charge for that billing cycle, because it paid for the panel and the clinician review. If the kit has not been drawn, we refund that membership charge. Section 4A.6 sets the refund rules for a one-off blood test. In every case we cancel the membership going forward, consistent with the Refund Policy. To request a refund, use the support channel in Ask Hana. Our operations team reviews each request manually. Refunds are issued by our operations team through our payment processor. They are not automatic. We process an approved refund to your original payment method within 3–5 business days of approval. Your bank or card issuer may take additional time to post it. Where state consumer-protection law requires a longer refund window or different refund treatment, we honor the state-law requirement.

4.4 Taxes

Prices are exclusive of applicable sales, use, and similar taxes. Where required by law, we will charge applicable taxes based on your shipping or billing address. Section 4A.5 explains tax on one-off blood tests. If you pay through an employer program that AEP administers, AEP collects your payment for Halftime Health as its payment agent, and Halftime Health is the seller.

4A. One-off blood tests

4A.1 What this section covers

This Section 4A applies each time you buy a one-off blood test, whether you are a member or a test buyer.

4A.2 Nothing recurring

A one-off blood test is a single purchase. It does not start a membership, a subscription, auto-renewal, auto-refill or any other recurring charge. We charge you once, at checkout, for the test you choose. We will not charge you again unless you make a new purchase.

4A.3 How the test works

A clinician in Arora Health's network licensed in your state authorizes your lab order by attaching their name to it. Federal lab rules require this. It is not a medical review and not a prescription, and the clinician does not examine you.
Tasso, Inc. d/b/a Ramorra supplies your collection kit. Clinical Reference Laboratory, Inc., a CLIA-certified laboratory (CLIA number 17D0667123), tests your sample.
Your results appear in your Halftime account, with plain-English explanations and a PDF summary. No clinician reviews them as part of the test.
Your results are information, not a diagnosis. Share them with your own healthcare provider.
The Lab Testing Consent, the Standing Order Notice and the Release of Laboratory Results explain each step. You accept them at checkout. They form part of these Terms.

4A.4 Eligibility

To buy a one-off blood test you must:

be 21 or older;
buy the test for yourself, and take the sample yourself;
live in the state on your profile. The kit ships only to that state. To ship to another state, change your address in Settings; the rules for that state then apply; and
live in a state that checkout shows as available for tests.

We confirm your email with a code before you pay. We do not ask for a government ID. You must give true information at checkout. You must not use a kit for another person.

4A.5 Price, payment and tax

The price is shown at checkout before you pay. It is one price for the test.
You pay for the test yourself. We never bill your health insurance, Medicare or Medicaid for a one-off blood test, and we do not submit claims for you.
Lab tests are commonly HSA/FSA-eligible; your plan administrator decides.
We do not charge sales tax on a one-off blood test, except in a state whose law taxes it. If tax applies, checkout shows it before you pay.
If you pay through an employer program that AEP administers, AEP collects your payment for Halftime Health as its payment agent. Halftime Health is the seller of your test.

4A.6 Refunds, replacement kits and lost kits

Before your kit ships: you may ask for a full refund in the support channel in Ask Hana. Our operations team checks that your kit has not shipped, then issues the refund by hand to your original payment method within 3–5 business days. Refunds are not automatic. Your bank may take longer to show it.
After your kit ships: we do not give refunds.
Sample the lab cannot test: if your sample is spoiled, damaged or unreadable, we send you a replacement kit at no cost.
Lost kit: if your kit has shipped and has not arrived 10 days after the later of the day we placed your order with our kit partner and the day the kit shipped, or the carrier reports it lost, we send a new kit at no cost.
Kit returned to us by the carrier: we send a new kit at no cost after you confirm your address.
Kit not returned: if you do not return your sample within 90 days after the kit ships, we close your order. We do not give a refund.

If the law of your state gives you more rights than this section, those rights apply.

4A.7 Clinician video visit (optional)

You may book a video visit with a licensed clinician in Arora Health's network in your Halftime account. It costs $49, which you pay when you book. You accept the Telehealth Informed Consent when you book. Section 5 applies to the visit. We do not refund a video visit once payment is taken. You do not need a visit to buy a test or to see your results.

4A.8 What does not apply to a one-off blood test

Buying a one-off blood test does not make you a member. Section 4, the membership and protocol parts of Section 5, and the recurring billing and auto-refill authorizations in Section 17 do not apply to it.

5. Telehealth services and clinical disclaimers

Sections 5.1 to 5.4 apply when you receive clinical services, such as a membership clinician review, a prescription, or a clinician video visit. For a one-off blood test, the Lab Testing Consent and the Standing Order Notice explain the clinician's limited role. Section 5.5 (Emergencies) applies to everyone.

5.1 You are receiving care from the Clinical Affiliate, not Halftime Health

When you receive clinical evaluation or a prescription through the Service, the patient-clinician relationship is between you and the Clinical Affiliate. Halftime Health is not your healthcare provider and does not practice medicine.

5.2 No guarantee of treatment

This section applies to members and to anyone who books a clinician video visit. A clinician may decline to prescribe any product or protocol if it is not clinically appropriate for you. Submission of an intake or payment of a subscription does not guarantee that you will receive a prescription, a specific protocol, or any particular outcome.

5.3 Telehealth limitations

This section applies to members and to anyone who books a clinician video visit. Telehealth has clinical limitations. The Clinical Affiliate's clinicians cannot perform a hands-on physical examination, and certain conditions may require in-person care. You agree that you are responsible for seeking in-person medical care when clinically indicated. Detailed informed-consent terms are set out in the Telehealth Informed Consent at /legal/telehealth-consent, which you accept separately during onboarding.

5.4 Compounded medications and FDA disclaimer

This section applies only if you buy a membership or a protocol. Some products available through the Service are compounded medications prepared by licensed 503A compounding pharmacies. Compounded medications are not FDA-approved and have not been reviewed by the FDA for safety, efficacy, or quality. Compounding pharmacies prepare these medications based on a clinician's prescription for an individual patient.

Statements made on the Service regarding compounded medications and ingredients have not been evaluated by the FDA. These products are not intended to diagnose, treat, cure, or prevent any disease unless individually prescribed by a licensed clinician.

Individual results vary. Halftime Health and the Clinical Affiliate make no guarantee of specific outcomes.

5.5 Emergencies

The Service is not for medical emergencies. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room. If you are experiencing thoughts of self-harm or suicide, call or text 988 (Suicide & Crisis Lifeline) in the United States.

6. Permitted use and restrictions

You agree to use the Service only for lawful purposes and in accordance with these Terms. You will not:

Use the Service in any manner that violates applicable law, including state and federal healthcare, telehealth, drug, or consumer-protection laws.
Resell, redistribute, or transfer any prescribed medication received through the Service.
Provide false, misleading, or incomplete information during intake or any clinical interaction.
Attempt to access another user's account or any non-public area of the Service.
Reverse-engineer, scrape, or interfere with the Service or its underlying infrastructure.
Use the Service to harass, threaten, or harm any person, including any clinician, pharmacist, or Halftime Health team member.
Upload malicious code or otherwise compromise the integrity or security of the Service.
Use bots, automated tools, or AI agents to access the Service without our express written permission.

We may suspend or terminate access for any violation.

7. Intellectual property

7.1 Halftime Health IP

The Service, including all content, software, designs, trademarks (including HALFTIME HEALTH, the HH monogram, and the brand names PRIME, GLOW, RESHAPE, DRIVE, PRESERVE, and the protocol names PRIME RESET, GLOW BALANCE, DRIVE ON-DEMAND, RESHAPE START, RESHAPE PRO, RECOVER, ENERGIZER, RADIANCE, SPARK, SHARP MIND, DEEP REST, TIMELESS, VITALIZE, IMMUNE GUARD, and MITOCORE), and the look and feel of the Service, is owned by Halftime Health LLC or its licensors and protected by intellectual-property laws.

7.2 Limited license to you

Subject to these Terms, Halftime Health grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.

7.3 Your content

You retain ownership of content you submit through the Service (e.g., photos, written notes, intake responses). You grant Halftime Health and the Clinical Affiliate a worldwide, non-exclusive, royalty-free license to use, store, display, reproduce, and create derivative works of your content as necessary to provide the Service, comply with law, and improve our services. We will not use PHI for marketing without your prior written authorization, as required by 45 CFR 164.508.

8. Third-party services

The Service includes integrations with third-party providers, including the Clinical Affiliate, compounding pharmacies, laboratory partners, our payment processor, fulfillment vendors, and communications providers. Your use of those third-party services is subject to their own terms and privacy policies. Halftime Health is not responsible for the acts or omissions of independent third parties, except as expressly set forth in our written agreements with them.

9. Communications and marketing

By creating an account, you consent to receive transactional communications from Halftime Health and the Clinical Affiliate regarding your account, orders, shipments, appointments, and clinical care. These communications are necessary to provide the Service and cannot be opted out of without terminating the relevant service.

Members. You may separately opt in to receive marketing emails. You can opt out at any time by following the unsubscribe instructions in any marketing email or by contacting us.

Test buyers. If you buy a one-off blood test and do not hold a membership, we send you an email about once every three months that offers a Halftime membership and a new test. We send it until you unsubscribe. Every one of these emails has an unsubscribe link, and you can also unsubscribe by emailing privacy@halftime.health. We stop within 10 business days after you unsubscribe. Unsubscribing does not affect your results, your account or any order. These emails never contain your result values, and we never choose who receives them, or what they say, based on your results.

9A. Protection of Halftime Health's Platform and Technology

9A.1 Why This Matters

Halftime Health's platform represents significant investment in proprietary technology, clinical workflows, software architecture, and systems that make personalized health optimization accessible. We protect this technology through federal and state trade secret laws, including the Defend Trade Secrets Act (18 U.S.C. §§ 1836–1839), and through the terms below. These protections exist so we can continue building the best possible platform for our members.

9A.2 What You're Agreeing Not to Do

By using our Services, you agree that you will not, and will not attempt to:

(a) Reverse-engineer or analyze how our platform works. You may not attempt to understand, replicate, or document the technical architecture, source code, algorithms, clinical logic, data models, workflows, or other underlying technology behind our platform by any means — including through manual observation, automated analysis, software tools, network traffic monitoring, or any other method.

(b) Use AI tools to analyze our platform. You may not use artificial intelligence tools — including ChatGPT, Claude, Google Gemini, GitHub Copilot, Cursor, or any similar tool — to analyze, document, categorize, or help recreate any aspect of our platform, its features, its workflows, its user interface, or its outputs. This applies whether you're feeding screenshots, descriptions, exported data, or any other platform information into such tools.

(c) Gather competitive intelligence. You may not use your access to our platform to collect information, document functionality, or build knowledge for the purpose of helping yourself or any third party build a competing product or service. This includes systematic documentation of our platform's features, screenshots taken for competitive analysis purposes, or any structured effort to map out how our platform works.

(d) Build competing products using what you learn here. You may not use insights, technical knowledge, or understanding derived from using our platform to design, build, fund, advise, or assist any competing product or service.

(e) Scrape, probe, or extract data. You may not use automated tools, bots, or scripts to scrape data, probe our APIs, or extract content from our platform in ways that exceed ordinary personal use of the Services.

9A.3 Who This Applies To

These restrictions apply to you as an individual user of the Service, whether you are a member or a test buyer. They also apply if you are: a member acting on behalf of a business, employer, competitor, or investor; a researcher conducting competitive analysis; a developer building a competing product; or anyone who signed up with the intent to study or replicate our platform. If you are a competitor of Halftime Health or acting on behalf of one, you are not eligible to use our Services, as stated in Section 6 of these Terms.

9A.4 Consequences of Violating These Terms

If you violate this Section 9A, you agree that Halftime Health is entitled to the following:

(a) Injunctive relief. Halftime Health may immediately seek a court order to stop the violation without having to first post a bond or prove the exact amount of harm suffered. Violations of this Section cause irreparable harm that cannot be fully remedied by money alone.

(b) Liquidated damages. Because the harm from platform misappropriation is difficult to calculate with precision, you agree to pay Halftime Health $100,000 per violation as a reasonable estimate of damages — not as a punishment, but as fair compensation for the harm caused by unauthorized competitive analysis or platform replication. Violations that result in an actual competing product or service may give rise to substantially greater actual damages, which Halftime Health may seek in addition to or instead of the $100,000 per-violation amount.

(c) Actual damages and disgorgement. Halftime Health may also seek: (i) actual damages if provably greater than the per-violation amount; (ii) disgorgement of any profits you or a third party received as a result of misappropriating our technology; and (iii) recovery of attorneys' fees and costs under applicable law, including the Defend Trade Secrets Act.

(d) Enhanced damages. Under the Defend Trade Secrets Act, courts may award up to two times actual damages for willful and malicious misappropriation. We reserve all rights under federal law.

9A.5 These Obligations Last Beyond Your Membership

The restrictions in this Section survive termination of your membership or your account with us. If you cancel your subscription, stop using our Services, or your account is terminated, these intellectual property obligations remain in effect. You cannot use what you learned while you used the Service to build a competing product after you leave.

9A.6 Trade Secret Notice

We are providing this notice as required by the Defend Trade Secrets Act: An individual may not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: (a) is made in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, solely for the purpose of reporting or investigating a suspected violation of law; or (b) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

Nothing in this Agreement prohibits you from reporting potential violations of law to appropriate government authorities or from cooperating with any government investigation.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HALFTIME HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

HALFTIME HEALTH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. HALFTIME HEALTH DOES NOT WARRANT ANY CLINICAL OUTCOME, AND ANY CONTENT ON THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR MEDICAL ADVICE FROM A LICENSED CLINICIAN.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HALFTIME HEALTH AND ITS AFFILIATES, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS.

OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO HALFTIME HEALTH IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS ($100).

NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, FRAUD, INTENTIONAL MISCONDUCT, OR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE.

12. Indemnification

You agree to indemnify, defend, and hold harmless Halftime Health and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your use of the Service in violation of these Terms or applicable law; (b) your violation of any third-party right; or (c) any false or misleading information you provide.

13. Dispute resolution; binding arbitration; class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS.

13.1 Informal resolution

Before filing a claim, you and Halftime Health agree to attempt to resolve any dispute informally by contacting legal@halftime.health with a written notice describing the dispute, the relief sought, and your contact information. The parties will attempt in good faith to resolve the dispute within 60 days of the notice. The statute of limitations and any filing-fee deadline shall be tolled during the 60-day informal-resolution period.

13.2 Binding arbitration

If the dispute is not resolved during the informal-resolution period, you and Halftime Health agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (or, where the amount in controversy exceeds the streamlined-procedure threshold, the JAMS Comprehensive Arbitration Rules and Procedures), as modified by these Terms. If a filing qualifies as a Mass Arbitration under the JAMS Mass Arbitration Procedures and Guidelines then in effect, those Procedures apply in addition to the rules named in this Section 13.2. The seat of the arbitration is Wilmington, Delaware. The arbitration may be conducted by telephone, video, or in person at the seat. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section 13.

The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Section 13, except that disputes over the validity of the class-action waiver in Section 13.3 must be decided by a court.

13.3 Class-action waiver

YOU AND HALFTIME HEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. The arbitrator may not preside over any form of representative or class proceeding. Nothing in this Section 13.3 prohibits JAMS, or a Process Administrator appointed under the JAMS Mass Arbitration Procedures and Guidelines, from batching, consolidating, or otherwise grouping individual demands for administration, discovery, arbitrator appointment, or hearing, as those Procedures allow. Grouping under those Procedures does not convert any claim into a class, collective, representative, or private-attorney-general proceeding, and no award in one arbitration has preclusive or precedential effect on any claimant who was not a party to that arbitration. If this class-action waiver is held to be unenforceable as to any claim, that claim (and only that claim) shall be severed from the arbitration agreement and brought in a court of competent jurisdiction; all other claims shall remain subject to arbitration.

13.4 30-day opt-out

You may opt out of this arbitration agreement and class-action waiver by sending written notice of your decision to opt out to legal@halftime.health within 30 days of first accepting these Terms. Your notice must include your name, the email associated with your account, and a clear statement that you wish to opt out. Opting out does not affect any other provision of these Terms and will not adversely affect your relationship with Halftime Health.

13.5 Exceptions

Notwithstanding Sections 13.2 and 13.3:

Either party may bring an individual action in small-claims court for disputes within that court's jurisdiction.
Either party may seek injunctive or equitable relief in a court of competent jurisdiction for actual or threatened infringement, misappropriation, or violation of intellectual-property rights.
This Section 13 does not require arbitration of, and you may pursue in any forum permitted by applicable law, any claim that may not be subject to pre-dispute arbitration as a matter of federal law (including, where applicable, claims subject to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act).

13.6 Costs

Where you initiate arbitration, you are responsible for the consumer filing fee and Halftime Health pays the remainder of the JAMS fees. Where Halftime Health initiates arbitration against you, Halftime Health pays all JAMS fees. If the JAMS Mass Arbitration Procedures and Guidelines apply, JAMS fees are those in the JAMS Mass Arbitration Fee Schedule then in effect, allocated consistent with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses, Minimum Standards of Procedural Fairness. Each party bears its own attorneys' fees, except that the arbitrator may award attorneys' fees and costs to the prevailing party where authorized by applicable law.

14. Governing law and venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 13.

Subject to Section 13, any action not subject to arbitration must be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you consent to the personal jurisdiction of those courts. Notwithstanding the foregoing, nothing in these Terms shall be deemed to waive any non-waivable right you may have under the consumer-protection law of the U.S. state in which you reside, including any non-waivable right to bring a claim in your home-state court or to apply your home state's substantive consumer-protection law.

15. Changes to the Service or these Terms

We may modify the Service or these Terms from time to time. Material changes will take effect after we post an updated version with a new "Last Updated" date and, where required by law, after we provide notice. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. Material changes to Section 13 (arbitration) will not apply retroactively to a dispute that arose before the change.

16. Termination

You may terminate your account and these Terms at any time. If you are a member, cancel your subscription and close your account. If you are a test buyer, close your account. Closing your account does not delete records we must keep by law, including your lab results. We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice, including for actual or suspected violation of these Terms or applicable law. Sections that by their nature should survive termination (including IP, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

17. Miscellaneous

Entire agreement; incorporated agreements and consents. These Terms, together with the agreements and consents listed below (each incorporated herein by reference) and any other policies referenced herein, constitute the entire agreement between you and Halftime Health regarding the Service.

Accepting these Terms during intake executes, in the same act:

- Privacy Policy — how we collect, store, and use your personal data.

- HIPAA Notice of Privacy Practices — how your health information is collected, used, and protected.

- Age verification — your confirmation that you are 21 years of age or older.

The following are incorporated by reference, but each is executed by a separate affirmative act and is not executed by accepting these Terms:

If you buy a one-off blood test:

- Lab Testing Consent, Standing Order Notice and Release of Laboratory Results — accepted together at checkout, in one tick.

- Consumer health data consent — accepted at checkout, only if you live in Washington, Nevada or Connecticut (see the Consumer Health Data Notice).

If you book a clinician video visit:

- Telehealth Informed Consent — accepted when you book.

If you buy a membership or a protocol:

- Telehealth Informed Consent, Asynchronous Treatment Consent and Peptide Therapy Informed Consent — accepted together, as a single consent-to-care acknowledgement given separately from these Terms during intake.

- Recurring billing authorization — given at the payment step, in its own authorization naming the amount to be charged (see also the Refund Policy).

- Prescription auto-refill authorization — a clinical authorization to refill a prescription each cycle, given separately.

- Marketing email communications — optional for members, never a condition of receiving the Service, and given or withheld separately from these Terms. You may unsubscribe at any time.

Section 9 explains the quarterly email to test buyers.

Severability. If any provision is held unenforceable, the remaining provisions will remain in full force and effect.
No waiver. Our failure to enforce a right or provision is not a waiver of that right or provision.
Assignment. You may not assign these Terms. We may assign these Terms without notice in connection with a merger, acquisition, financing, or sale of assets.
Notices to you. We may give notice by email, in-product notification, or by posting on the Site.
Notices to us. Notices to Halftime Health must be sent to: Halftime Health LLC, Attn: Legal, 600 W. 6th Street, Suite 400, Fort Worth, TX 76102, with a copy emailed to legal@halftime.health.
Force majeure. We are not liable for delays or failures caused by events outside our reasonable control.

18. How to contact us

Halftime Health LLC

Attn: Legal

600 W. 6th Street, Suite 400

Fort Worth, TX 76102

Email: legal@halftime.health