Terms of Service

1Acceptance of these Terms

These Terms of Service ("Terms") are a binding agreement between you and Surna Health LLC, a Wyoming limited liability company ("Surna," "we," "us," or "our"). They govern your use of surnahealth.com, any Surna mobile apps, and any related services, products, and communications (together, the "Services").

By creating an account or checking the box at sign-up or checkout, you agree to these Terms, our Privacy Policy, and our Telehealth Consent. If you do not agree, do not use the Services. You represent that you are at least 18 years old (or the age of majority in your state, if higher) and able to enter into a binding contract.

2Who we are: a technology platform, not a medical provider

Surna is a technology and administrative services company. We operate the platform you use to learn about treatment options, complete intake forms, communicate with clinicians, and manage orders, subscriptions, and payments.

Content on the Services (articles, product pages, emails, and similar materials) is for general information only and is not a substitute for advice from a qualified clinician.

3Medical services by independent providers

Clinical services offered through the Services are provided by independent physicians, nurse practitioners, physician assistants, and other licensed professionals ("Providers"). Providers are employed by or contracted with independent third-party medical groups and provider networks (each a "Medical Group"). As of the date above, the Medical Group is [TO CONFIRM: medical group name]. Your Provider's name and credentials are shown in your account. Surna contracts with Medical Groups to provide administrative, technology, and support services only.

• Independent judgment. Providers exercise their own independent professional judgment. Surna does not control, direct, or interfere with clinical decisions, including whether to prescribe, what to prescribe, dosing, or whether telehealth is appropriate for you.
• Provider-patient relationship. A provider-patient relationship is formed only between you and your Provider, and only once a Provider accepts you as a patient. Completing an intake form or making a payment does not by itself create that relationship.
• No guaranteed prescription. Paying for an assessment, consultation, or plan does not guarantee that you will be prescribed any medication. Whether to prescribe is decided only by your Provider, in their independent medical judgment.
• No guarantee of treatment. A Provider may decline to treat you, decline to prescribe, change your treatment, or refer you to in-person care. If a Provider determines you are not an appropriate candidate, you will be refunded as described in Section 9.
• Medical records. Your medical records are created and maintained by your Provider and Medical Group. Requests for copies may be sent to support@surnahealth.com.

4Pharmacy services by independent pharmacies

Prescriptions written by Providers may be sent to independent, state-licensed pharmacies that contract with Surna or the Medical Group ("Partner Pharmacies"). The dispensing pharmacy is named on every prescription label. Partner Pharmacies are solely responsible for dispensing, labeling, compounding (where applicable), counseling, and shipping medications in accordance with law.

• Your choice of pharmacy. You may ask your Provider to send your prescription to a pharmacy of your choice, where the medication and law allow. Program pricing, price locks, and some products are available only when filled by a Partner Pharmacy.
• Pharmacist counseling. You may contact the dispensing pharmacy with questions about your medication. Contact details appear on your prescription label and order confirmation.
• Surna is not a pharmacy and does not dispense medication.

5Not for emergencies

Do not rely on messages to your Provider or Surna support for urgent matters. Responses typically arrive within one business day but may take longer.

6Eligibility

To use the Services you must:

• Be at least 18 years old, or the age of majority in your state if higher;
• Be physically located in a U.S. state where the Services and the requested treatment are available at the time of each consultation;
• Provide complete, accurate, and truthful information about your identity, medical history, medications, and health conditions, and keep it up to date; and
• Use the Services only for yourself, not on behalf of another person.

We and the Medical Groups may verify your identity (including with a government ID and photo) and your location. Treatment availability varies by state and may change.

7Your account

You are responsible for keeping your login credentials confidential and for all activity under your account. Notify us at support@surnahealth.com immediately if you suspect unauthorized access. We may suspend or close accounts that contain false information or that we reasonably believe are being misused.

8Treatments, medications, and products

Surna offers access to programs including Weight Loss, Men's Hormone, Men's Vitality, Women's Hormone, Cellular Health, Sleep & Recovery, Longevity Stack, and Hair Loss. Program names describe areas of care, not promised outcomes. Any prescription medication is available only if a Provider determines it is appropriate for you. Program-specific risks are described in our Telehealth Consent.

• Compounded medications. Some medications may be compounded by a licensed pharmacy for an individual patient based on a Provider's prescription. Compounded medications are not FDA-approved. The FDA does not review them for safety, effectiveness, or quality before they are dispensed. Your Provider will decide whether a compounded medication is clinically appropriate for you. By requesting or accepting a compounded medication, you acknowledge that it is not FDA-approved, is not a generic version of any brand-name drug, and is prepared by a state-licensed pharmacy for you individually.
• Off-label use. Providers may prescribe an FDA-approved drug for a use, dose, or population not listed on its label when, in their judgment, it is appropriate. Your Provider will discuss this with you.
• Controlled substances. Some medications, such as testosterone and phentermine, are controlled substances. Providers prescribe them only as federal and state law allow, which may require a live video visit, lab work, and additional identity verification. If telemedicine rules for controlled substances change, your Provider may require an in-person visit or pause treatment.
• No anti-aging claims. No medication is FDA-approved to slow or reverse aging. Longevity and cellular health treatments are prescribed off-label, are compounded (and not FDA-approved), or are non-prescription products, and evidence for their benefits in people may be limited.
• Supplements and non-prescription products. Statements about dietary supplements and wellness products have not been evaluated by the FDA. These products are not intended to diagnose, treat, cure, or prevent any disease.
• No guaranteed results. Individual results vary. Patient stories and before-and-after images reflect individual experiences and are not a promise of results. Outcomes depend on many factors, including diet, activity, adherence, and underlying health.
• Your informed choice. Every medication and treatment carries risks, including unknown risks for compounded, off-label, and newer therapies. You decide whether to start treatment after reviewing the information your Provider and pharmacy give you, and you accept the risks your Provider has disclosed. This does not limit any claim you may have against a Provider for professional negligence.
• Use as directed. Take medications only as prescribed and read all pharmacy materials. Report side effects to your Provider. Do not share, resell, or transfer any medication.

9Pricing, payment, and refunds

Prices for consultations, programs, medications, and products are shown before you pay. Surna does not charge membership fees. Services are self-pay; we do not bill insurance. You may request a receipt to submit to your insurer, HSA, or FSA, but reimbursement is not guaranteed.

• 12-month price lock. Where your plan includes a price lock, the price of your medication will not increase for 12 months from your first charge, as long as your plan stays active and your prescribed medication and dose remain the same. If your Provider changes your medication or dose, or you switch plans, your price may change; we will show you the new price before you are charged. If a medication becomes unavailable because of a change in law, FDA action, or supply, the price lock ends for that medication.
• Payment collection. Surna collects payment for clinical services as limited payment-collection agent for the Medical Group, and for medications as limited payment-collection agent for the dispensing pharmacy. Payment to Surna satisfies your obligation to them for those amounts. You authorize Surna and its payment processors to charge your payment method for all fees you agree to, including recurring fees under Section 10.
• Government health programs. If you are covered by Medicare, Medicaid, TRICARE, or another government health program, you agree to pay for these services yourself and not to submit claims for them to that program.
• Not eligible for treatment. If a Provider determines you are not eligible for treatment before a prescription is written, we will refund the full amount you paid for that order.
• When charges become final. Charges for medication are non-refundable once the pharmacy begins processing your order, except where required by law or where an item arrives damaged or incorrect. If you prepaid a multi-month plan (including a 3-month quarterly plan) and your Provider stops or changes your treatment after you are billed, we will refund any portion the pharmacy has not begun processing. Pharmacy laws do not allow dispensed medications to be returned.
• Billing questions. Contact support@surnahealth.com within 30 days of a charge you believe is wrong so we can try to resolve it. This does not limit your rights with your card issuer.

10Subscriptions and automatic renewal

• How to cancel. You can cancel online anytime in your account settings, or by emailing support@surnahealth.com. If you cancel before the next billing date shown in your account, you will not be charged again. Cancelling does not entitle you to a prorated refund except as described in Section 9. Our Refund & Cancellation Policy summarizes these rules.
• Refills and shipments. Refills may be processed and shipped shortly before your renewal date so you do not run out.
• Price changes and reminders. Subject to any price lock, we will email you at least 7 days (and no more than 30 days) before a price increase takes effect, and you may cancel before it applies. We will also send renewal reminders required by state law, including at least once a year a reminder of your plan terms and how to cancel.
• Provider review. Continued refills require periodic check-ins and Provider approval. If your Provider does not approve a refill, the pharmacy will not process it and any unprocessed amount will be refunded as described in Section 9.

11Shipping

Partner Pharmacies ship in discreet packaging to addresses in eligible states only. Shipping is charged separately, and the amount is shown at checkout before you pay. Delivery times are estimates. Some medications must be stored in specific conditions; follow the storage instructions provided. Risk of loss passes to you on delivery. Email support@surnahealth.com within 7 days if an order is missing, damaged, or incorrect.

12Communications, electronic records, and texts

Electronic records and signatures. You agree that we, Medical Groups, and Partner Pharmacies may provide agreements, notices, consents, receipts, and other records to you electronically, and that checking a box, clicking a button, or typing your name is your electronic signature with the same effect as a handwritten one. You may request a free paper copy of any record, or withdraw your consent to electronic records, by emailing support@surnahealth.com; withdrawing consent may end your ability to use the Services. To access electronic records you need a device with internet access, a current web browser, and a valid email address. Keep your email address current so you receive these records.

Service messages. By providing your phone number and email, you agree that Surna, Medical Groups, and Partner Pharmacies may contact you about your account, care, orders, and prescriptions, including by email, text message, and phone. You confirm that the phone number you provide is yours, and you will tell us if it changes.

Health information in email and texts. Some messages, such as refill or shipping reminders, may contain limited health information. Standard email and text messages are not fully secure, and others with access to your devices may see them. You may ask us to limit what we send by email or text by contacting support@surnahealth.com; detailed clinical communication happens in your secure account.

Marketing texts. If you separately opt in, we may send recurring marketing texts using automated technology. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to opt out or HELP for help. You may revoke consent to any texts or calls by any reasonable means, including replying STOP. Carriers are not liable for delayed or undelivered messages.

Automated tools. We may use automated tools, including artificial intelligence, to help with customer support, scheduling, and administrative tasks. These tools do not make clinical decisions. Diagnosis and treatment decisions are made only by licensed Providers. If we use AI to generate messages to you that contain clinical information, we will tell you so, as required by law, and you can always ask to communicate with a human.

13Acceptable use

You agree not to: provide false information or impersonate anyone; obtain medication for someone else or for resale; use the Services if you are under the required age in Section 6; access or scrape the Services by automated means without permission; interfere with the security or operation of the Services; harass Providers or staff; or use the Services in violation of any law. Providers may end a provider-patient relationship, and we may suspend your account, for violations.

14Intellectual property and content you submit

The Services and all content, trademarks, logos, and software on them are owned by Surna or its licensors and are protected by law. We grant you a limited, revocable, non-transferable license to use the Services for your personal, non-commercial use. You may not copy, modify, distribute, or create derivative works without our written permission.

Reviews and stories. If you choose to submit a review, testimonial, photo, or story for public use, you grant Surna a non-exclusive, royalty-free, worldwide license to use, reproduce, and display it, with your name or initials as you permit, in connection with the Services. We will ask for your separate written authorization before publishing anything that includes your health information, and you may withdraw permission for future use at any time. You confirm that what you submit is truthful and reflects your own experience.

Feedback. If you send us ideas or suggestions, we may use them without obligation to you.

Third-party services. The Services may link to or rely on third-party websites, apps, labs, carriers, and payment processors. We are not responsible for their content, policies, or performance.

15Disclaimers, limitation of liability, and indemnity

In this section, "Surna Parties" means Surna and its affiliates, members, managers, officers, employees, agents, licensors, and service providers.

Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, AND ALL CONTENT, PRODUCTS, AND INFORMATION MADE AVAILABLE THROUGH THEM, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. THE SURNA PARTIES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY TREATMENT WILL PRODUCE ANY PARTICULAR RESULT. SURNA IS NOT RESPONSIBLE FOR THE CLINICAL ACTS OR OMISSIONS OF PROVIDERS, MEDICAL GROUPS, PHARMACIES, OR LABS, WHICH ARE INDEPENDENT OF SURNA, OR FOR THE MANUFACTURE, COMPOUNDING, OR QUALITY OF ANY MEDICATION OR PRODUCT DISPENSED BY A PHARMACY.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SURNA PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. THE SURNA PARTIES' TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO SURNA IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.

These limits apply to all theories of liability and are an essential part of the bargain between you and Surna. Some states do not allow certain disclaimers or limits, so some of them may not apply to you. Nothing in these Terms limits liability for gross negligence, willful misconduct, or anything else that cannot be limited by law.

Independent providers and pharmacies

Providers, Medical Groups, pharmacies, and labs are independent of Surna. Surna does not control, and is not responsible for, Providers' clinical judgment or pharmacies' dispensing and compounding. Nothing in these Terms releases any party from liability for its own negligence where the law does not allow it.

Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless the Surna Parties from claims, losses, and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your violation of law or the rights of others, false or incomplete information you provide, or your misuse, sharing, or resale of any medication.

16Binding arbitration and class action waiver

Informal resolution first. Before starting any formal claim, you and Surna each agree to send the other a written notice describing the dispute and the relief requested, and to try in good faith to resolve it for 60 days. Send notices to legal@surnahealth.com or by mail to Surna Health LLC, Attn: Legal, 30 N. Gould St., Ste. R, Sheridan, WY 82801. Each notice must be personally signed by the person making the claim and include their name and account email, and that person must attend a video conference with us if requested. Statutes of limitation are paused during this period.

Agreement to arbitrate. Except as stated below, any dispute, claim, or controversy arising from or relating to these Terms, the Services, or your relationship with Surna (including claims against Medical Groups, Providers, and Partner Pharmacies that do not involve personal injury or professional negligence), whether based in contract, tort, statute, or any other theory, and whether it arose before or after you accepted these Terms, will be resolved by final, binding individual arbitration rather than in court. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and the Federal Arbitration Act governs this section.

Who decides. The arbitrator, and not any court, has exclusive authority to decide all issues about the interpretation, scope, applicability, enforceability, or formation of this agreement to arbitrate, except that a court decides issues about the class action waiver, the mass arbitration procedures, and the exceptions below.

Procedure and fees. The arbitration will take place in the county where you live or by video, unless we agree otherwise. Claims of $10,000 or less may be decided on written submissions unless either party requests a hearing. Surna will pay all AAA filing, administration, and arbitrator fees beyond the amount you would pay to file in court, unless the arbitrator finds your claim frivolous or brought for an improper purpose. The arbitrator may award the same individual relief a court could, and must issue a written decision.

Mass arbitration. If 25 or more similar demands are filed against Surna by or with help from the same or coordinated counsel, the demands will be administered by AAA under its Mass Arbitration Supplementary Rules and may be resolved in batches, with one arbitrator per batch, to the extent those rules allow. Statutes of limitation are paused for demands awaiting a batch.

Exceptions. Either party may bring an individual claim in small claims court, or seek injunctive relief in court for infringement or misuse of intellectual property. This section does not apply to claims for personal injury or wrongful death, or to claims of medical malpractice or professional negligence against a Provider, Medical Group, or pharmacy, which are governed by applicable state law. Claims for public injunctive relief, where the law does not allow them to be arbitrated, will be decided in court after the arbitration of all other claims, and stayed until then.

If part of this section is unenforceable. If the class action waiver is found unenforceable for a particular claim, that claim (and only that claim) will be decided in court, and the rest of this section still applies. If any other part of this section is unenforceable, the rest remains in effect.

Opt out. You may opt out of this arbitration agreement by emailing legal@surnahealth.com within 30 days after you first accept these Terms, with your name, the email on your account, and a statement that you opt out. Opting out does not affect any other part of these Terms.

Time limit to bring claims. To the extent permitted by law, any claim arising from or relating to these Terms or the Services must be brought within one year after it arises, or it is permanently barred. This does not apply to claims for personal injury or wrongful death, or to professional-negligence claims against a Provider, Medical Group, or pharmacy.

17Governing law and venue

These Terms are governed by the Federal Arbitration Act and the laws of the State of Wyoming, without regard to conflict-of-law rules. The laws of the state where you receive care govern the medical services you receive and any rights you have that cannot be waived. For any dispute not subject to arbitration, you and Surna agree to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming, except where the law of your state gives you the right to bring a claim where you live.

18Termination

You may stop using the Services and close your account at any time. We may suspend or end your access if you violate these Terms or if required by law. Closing your account does not end your Provider's obligations to keep medical records. Sections that by their nature should survive, including payment obligations, disclaimers, limitation of liability, and dispute resolution, will survive.

19Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or in the Services before they take effect. Continued use after the effective date means you accept the updated Terms. Changes will not apply to disputes already noticed.

20General

These Terms, together with the Privacy Policy and Telehealth Consent, are the entire agreement between you and Surna about the Services. If they conflict, the Telehealth Consent controls on clinical matters and these Terms control on everything else.

• Severability and waiver. If any provision is unenforceable, it will be enforced to the maximum extent allowed and the rest remains in effect. Our failure to enforce a provision is not a waiver.
• Assignment. You may not assign these Terms. We may assign them, including in connection with a merger, acquisition, or sale of assets.
• Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, including natural disasters, outages, carrier delays, drug shortages, supplier failures, government action, or changes in law.
• Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Surna. The Surna Parties may enforce Section 15. Medical Groups, Providers, and Partner Pharmacies may enforce Section 16 and the "Independent providers and pharmacies" paragraph of Section 15. There are no other third-party beneficiaries.
• Notices. We may send notices to the email on your account or post them in the Services. You must send legal notices to legal@surnahealth.com or our mailing address below.
• U.S. only. The Services are intended only for people located in the United States.
• Headings. Section titles are for convenience only and do not affect meaning. "Including" means "including without limitation."

21Contact us

California residents: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.