Terms of Service

1. Acceptance of These Terms

These Terms of Service ("Terms") form a binding agreement between you and Tides ("Tides", "we", "us"). By creating an account, completing an assessment, placing an order, or otherwise using our website or services (together, the "Services"), you agree to these Terms and to our Privacy Policy and HIPAA Notice of Privacy Practices. If you do not agree, do not use the Services.

2. About Tides

Tides is a telehealth platform that enables adults to complete an asynchronous clinical intake and, where medically appropriate in the judgment of the reviewing clinician, receive a prescribed peptide therapy protocol. The prescribing clinician is an independent licensed healthcare provider in an arm's-length professional relationship with Tides. Tides itself does not practice medicine.

3. Eligibility

To use the Services, you must:

• Be at least 18 years old;
• Be a legal resident of the United States and physically located, at the time of each clinical encounter, in one of the states in which our clinicians are licensed. As of the effective date, those states are: Arizona, California, Illinois, Texas, Florida, Tennessee, and Nevada;
• Have legal capacity to enter into this agreement; and
• Provide accurate, complete, and current information during intake and keep it current.

If the list of licensed states changes, the current list is available on our website.

4. The Services

When you use Tides, you will:

1. Create an account and complete a clinical intake questionnaire.
2. Authorize a charge on a valid payment method. We authorize your payment method at checkout but do not capture the charge until a licensed clinician approves your protocol. If the clinician does not approve your protocol, the authorization is voided and no charge is made.
3. Receive clinical review. Based on your intake, the clinician may approve, modify, decline, or request additional information before making a prescribing decision.
4. If approved, receive your prescription. Compounds are dispensed by a licensed pharmacy partner.
5. Follow up with your clinician through the patient portal as needed.

5. Not Emergency Care

6. Medical Disclaimer and Off-Label Use

Medicine is practiced by our licensed clinicians, not by Tides. The Services do not create a doctor-patient relationship with Tides itself. Nothing on our website, marketing materials, or communications from non-clinician staff constitutes medical advice. You should always read the information and instructions provided with any medication you receive and contact your clinician with questions.

Some peptide compounds may be prescribed for uses that are not approved by the U.S. Food and Drug Administration ("off-label"). Off-label prescribing is a legal and common medical practice when a clinician determines, based on their judgment, that a medication may benefit a particular patient. Your clinician will discuss any off-label aspects of your protocol with you and obtain your informed consent where appropriate.

7. Accounts

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately at support@gettides.com if you believe your credentials have been compromised. You may not share your account with anyone else.

8. Payment and Authorization

When you place an order, you authorize Tides and its payment processor to place a hold on your payment method for the full amount of the order. The charge is not captured until your clinician approves your protocol. If your protocol is approved, you will be charged the authorized amount. If your protocol is not approved, the authorization will be voided and no charge will be made.

You represent that you are the authorized user of the payment method you provide. You are responsible for all taxes and any bank fees associated with your payment.

9. Subscriptions and Continuity of Care

For certain protocols, we offer optional continuity-of-care refills. Continuity is not automatic and is never enabled without your explicit opt-in. If you opt in, we will charge the payment method on file and ship your next supply at the interval you selected until you cancel or the clinician determines that continued treatment is no longer appropriate. You may cancel continuity at any time from your account. You can reach support with questions at support@gettides.com.

10. Refunds

Because the Services involve a clinical review and the dispensing of prescription medications, our refund policy is as follows:

• Before clinician approval: if your order is declined, cancelled by you prior to approval, or cannot be fulfilled, no charge will have been captured and no refund is required.
• After clinician approval and shipment: we cannot accept returns or issue refunds on prescribed medications once dispensed. This is both a safety requirement and consistent with applicable pharmacy regulations. Damaged or lost shipments are addressed under our Purchase Terms.

11. Prohibited Conduct

You agree not to:

• Provide false or misleading information during intake, or impersonate another person;
• Use the Services on behalf of anyone other than yourself;
• Resell, redistribute, or transfer any medication you receive through the Services;
• Interfere with, disrupt, or attempt to gain unauthorized access to the Services or the accounts of others;
• Use the Services in violation of any law or regulation, or for any purpose prohibited by these Terms.

Providing false information to a clinician in order to obtain a prescription may be a criminal offense under state and federal law.

12. User Content

You retain ownership of any content you submit to the Services. You grant Tides a non-exclusive, worldwide, royalty-free license to use, store, reproduce, and process your content solely to the extent necessary to provide the Services to you. We do not use your health information to train machine learning models.

13. Intellectual Property

All content, trademarks, logos, software, and other intellectual property on or relating to the Services are owned by Tides or its licensors and are protected by United States and international intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, sell, or create derivative works of our content without our prior written consent.

14. Third-Party Services

The Services integrate with third-party vendors including Stripe (payments), Supabase (database and authentication), Resend (email), and Vercel (hosting), as well as licensed pharmacy partners for dispensing. Your use of those services is also subject to their terms. Tides is not responsible for the acts or omissions of third parties beyond our own contractual arrangements with them.

15. Disclaimers

16. Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the above limitations apply to the fullest extent permitted by law.

17. Indemnification

You agree to defend, indemnify, and hold harmless Tides and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Services, (b) your violation of these Terms, (c) your violation of any law or the rights of any third party, or (d) your submission of false or misleading information to the Services.

18. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for conduct that we reasonably believe violates these Terms or applicable law, presents a safety risk, or is otherwise harmful to Tides, our patients, or third parties. You may terminate your account at any time by contacting support@gettides.com. Provisions that by their nature should survive termination will survive.

19. Arbitration Agreement and Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may bring an individual action in small-claims court for a Dispute that qualifies.

Arbitration will be conducted by a single arbitrator in the county where you reside, or by video or teleconference at your election. The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class action waiver. You and Tides 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, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.

30-day opt-out. You may opt out of this arbitration agreement by sending written notice to legal@gettides.com within 30 days of first accepting these Terms. Your notice must include your full name, address, and a clear statement that you wish to opt out.

20. Governing Law and Venue

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles. Subject to the arbitration agreement above, any action to enforce an arbitration award or otherwise permitted to be brought in court shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to the jurisdiction of those courts.

21. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or a prominent notice on the Services at least seven days before the changes take effect. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance of them. If you do not agree, you must stop using the Services.

22. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy, HIPAA Notice, and Purchase Terms, constitute the entire agreement between you and Tides regarding the Services.
• Severability. If any provision is held unenforceable, the remaining provisions will remain in full force.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our written consent. We may assign them freely.

23. Contact

Tides — Legal
Email: legal@gettides.com