Terms of Service

Effective: June 22, 2026

Overview

Welcome to Formula Health! By signing up for a Formula Health Account or by using any Formula Health Services, you are agreeing to be bound by the following terms of service (the “Terms of Service”).

As used in these Terms of Service, “we”, “us”, “our”, and “ Formula Health” means Formula Industries, Inc., and “you” means the Formula Health User (as either an entity or an individual) and, if on behalf of an entity, any of its affiliates.

We operate a technology platform that connects licensed healthcare provider organizations (“Clinics”) with pharmacy partners to facilitate the preparation and fulfillment of medical products, including supplements and medications, for end user patients of those Clinics. Any such service or services offered by Formula Health are referred to in these Terms of Service as the “Service(s)”. Any new features or tools which are added to the current Services will also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://formulahealth.com/terms-of-service.

You must read, agree with, and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Formula Health’s Privacy Policy, before you may sign up for a Formula Health Account or use any Formula Health Service.

1. Account Terms

To access and use the Services, you must register for a Formula Health account (“Account”). To complete your Account registration, you must provide us with your institution’s full legal name, business address, phone number, a valid email address, and any other information indicated as required, such as a National Provider Identifier, state licensure number and other applicable identifying information and expiration dates thereof. Formula Health may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.

You confirm that you are receiving Services provided by Formula Health for the purposes of carrying on a business activity and not for any personal, household, or family purpose.

You acknowledge that Formula Health will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to Formula Health, and your Primary Email Address must be capable of both sending and receiving messages.

You are responsible for keeping your password secure. Formula Health cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Formula Health.

2. Account Activation

If you are signing up for the Services on behalf of a Clinic, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.

3. Formula Health Rights

Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time. We reserve the right to provide our Services to your competitors and make no promise of exclusivity.

4. Your Responsibilities

You acknowledge and agree that the Formula Health platform is not a healthcare provider, and any contract of service made through the Formula Health platform is directly between you and your end patients. You are responsible for the creation and operation of your Formula Health account, your Materials, and all aspects of the transactions between you and your customer(s).

You are solely responsible for the actions that you may take through the Formula Health platform (including pricing, required legal disclosures, and regulatory compliance), including compliance with any applicable laws or regulations. You may not use the Formula Health platform for any illegal or unauthorized purpose, nor may you, in the use of the platform, violate any laws in your jurisdiction, the laws applicable to you in your customer’s jurisdiction, or the laws of the United States.

You will comply with all applicable laws, rules, and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your services) in your use of the Formula Health platform and your performance of obligations under these Terms of Service.

5. Payment of Fees and Taxes

You will pay the Fees applicable to your use of the Services (“Fees”) and any other applicable fees.

You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Formula Health will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Formula Health will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated and any and all outstanding Fees have been paid in full.

All Fees are exclusive of applicable federal, provincial, state, local, or other governmental sales, goods and services, harmonized, or other taxes, fees, or charges now in force or enacted in the future (“Taxes”).

You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Formula Health’s products and services.

Formula Health does not provide refunds.

6. Confidentiality

“Confidential Information” will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses, and other information regarding customers and prospective customers, product designs, sales, costs, price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary.

Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service. Each party agrees that it will take all reasonable steps to prevent the duplication, disclosure, or use of any such Confidential Information.

7. Limitation of Liability and Indemnification

You expressly understand and agree that, to the extent permitted by applicable laws, Formula Health and its suppliers will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Formula Health partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference; (b) your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your end user patients.

Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied, or statutory.

Formula Health does not warrant that the Services will be uninterrupted, timely, secure, or error-free.

8. Intellectual Property and Your Materials

We do not claim ownership of any content or data that you provide to Formula Health in the course of your use of the Services (“Materials”). You grant Formula Health a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, and create derivative works of any Materials provided by you in connection with the Services provided that such Materials will be aggregated and/or de-identified so that such information can no longer be linked to you.

9. Feedback and Reviews

Formula Health welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion, or related material or any review of the Services (“Feedback”) to Formula Health be subject to any obligation of confidentiality or expectation of compensation.

By submitting Feedback to Formula Health, you waive any and all rights in the Feedback, and Formula Health is free to implement and use the Feedback if desired, as provided by you or as modified by Formula Health, without obtaining permission or license from you or from any third party.

10. Copyright and Intellectual Property

Formula Health respects intellectual property rights and asks Formula Health users to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our users is infringing their intellectual property rights, they can send a notice to Formula Health’s designated agent.

Upon receiving a notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the user can reply with a counter notification if they object to the complaint.

11. Privacy and Data Protection

Formula Health is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Formula Health’s collection, usage, and disclosure of this personal information is governed by our Privacy Policy, which is incorporated into these Terms of Service by reference.

12. Governing Law

These Terms of Service will be governed by and interpreted in accordance with the laws of the State of Delaware, without regard to principles of conflicts of laws.

The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Delaware with respect to any dispute or claim arising out of or in connection with the Terms of Service.

13. Term and Termination

The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you, as provided below (the “Term”).

Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you have engaged in fraudulent activity in connection with the use of the Services.

Termination of the Terms of Service will be without prejudice to any rights or obligations which arose prior to the date of termination.

14. Modifications

We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services or your rights under the Terms of Service by sending an email to your Primary Email Address or by similar means.

Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended.

If you do not agree to the amended Terms of Service, you must stop accessing and using the Services.

15. General Conditions

The Terms of Service, including the documents it incorporates by reference, govern your use of the Services and your Account, superseding any prior agreements between you and Formula Health (including, but not limited to, any prior versions of the Terms of Service).

The failure of Formula Health to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of the Terms of Service will remain in full force and effect.

If you have any questions about these Terms of Service, please contact us at support@formula.health.