Terms of Service

1. Acceptance of Terms

Welcome to NOW Optimal Network LLC (“NOW Optimal,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the nowoptimal.com website (the “Website”) and the NOW Optimal mobile application (the “App,” bundle identifier: com.nowoptimal.patient), collectively the “Services.”

By creating an account, downloading the App, or using any part of our Services, you agree to be bound by these Terms, our Privacy Policy, and our HIPAA Notice of Privacy Practices. If you do not agree to these Terms, you must not use our Services.

2. Eligibility

To use our Services, you must be at least 18 years of age, legally capable of entering into a binding agreement, and a resident of a state where our services are available (currently Arizona, United States). By using our Services, you represent and warrant that you meet all eligibility requirements.

3. Description of Services

NOW Optimal Network provides technology-enabled healthcare services through its affiliated clinics, including:

• NOW Men’s Health — Testosterone replacement therapy, sexual health, weight loss, IV therapy, peptide therapy, and lab testing
• NOW Primary Care — Primary care, sick visits, weight loss programs, hormone therapy, and lab services

Our App provides secure access to appointment scheduling, telehealth consultations, secure messaging with providers, health records, lab results, billing management, health journaling and metrics tracking, and AI-powered health insights.

4. Important Medical Disclaimers

4.1 Not a Medical Device

The NOW Optimal App and Website are healthcare technology platforms that facilitate access to medical services. The App is not a medical device and does not diagnose, treat, cure, or prevent any medical condition. The App should not be used as a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional regarding any medical questions or conditions.

4.2 AI-Powered Features

Our JARVIS AI assistant provides health insights based on your data to support — not replace — clinical decision-making. AI-generated content is informational only and should not be considered medical advice. All clinical decisions are made by licensed healthcare providers.

4.3 Provider-Patient Relationship

A provider-patient relationship is established only when you have been accepted as a patient by one of our licensed healthcare providers through our affiliated clinics. Browsing the Website or downloading the App does not create a provider-patient relationship.

4.4 Telehealth Consent

By using our telehealth services, you consent to receiving healthcare services via electronic communications, including video and audio technology. You understand that telehealth has limitations, including the inability to perform physical examinations. You retain the right to refuse or withdraw consent to telehealth services at any time.

5. Account Responsibilities

• Accurate Information: You must provide accurate, current, and complete information during registration and keep your account information up to date.
• Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately of any unauthorized access.
• One Account Per Person: Each account is for a single individual. You may not share your account or create multiple accounts.
• Authorized Use Only: You may only use the Services for your own personal healthcare purposes or, where applicable, for a minor for whom you are the legal guardian.

6. Payment Terms

6.1 Fees & Charges

Our healthcare services are provided at the prices listed on our clinic websites or as communicated to you before services are rendered. Prices may vary by service type, appointment type, and location. All prices are in US Dollars.

6.2 Payment Processing

Payments are processed securely through Stripe. By providing payment information, you authorize us to charge the applicable fees. Payment information is encrypted and handled in accordance with PCI DSS standards. We do not store your full credit card number on our servers.

6.3 Subscriptions & Recurring Payments

Certain services may involve subscription-based pricing or recurring charges (e.g., membership plans, ongoing treatment programs). You will be clearly informed of recurring charges before enrollment. You may cancel recurring payments at any time by contacting us or through your account settings. Cancellation takes effect at the end of the current billing period.

6.4 Refund Policy

Refunds for services are handled on a case-by-case basis. Appointments cancelled less than 24 hours in advance may be subject to a cancellation fee. Contact us to discuss refund requests.

7. Push Notifications & Electronic Communications

7.1 Transactional Notifications

By creating an account and enabling notifications, you consent to receive transactional push notifications from the App related to your care — including appointment reminders, secure messaging alerts, lab result availability, billing notices, and clinic announcements. These notifications are necessary to operate the Services and can be managed from Settings → Notifications within the App or your device settings.

7.2 Marketing & Promotional Notifications

The “Promotions & Offers” notification category is off by default and is only activated if you affirmatively opt in from within the App. When enabled, you may receive occasional push notifications about clinic specials, new services, or educational offers from NOW Optimal and its affiliated clinics. You may revoke this consent at any time by disabling the Promotions category in-App or turning off notifications at the device level; the change takes effect immediately on your next cron-triggered delivery attempt.

We do not use push notifications for third-party advertising, do not share push tokens with advertisers or data brokers, and do not sell notification data. Disabling promotional notifications will not affect your receipt of transactional notifications required for your care.

7.3 Electronic Communications Consent

You consent to receive required notices, disclosures, and other communications from us electronically (via email, in-App messaging, SMS, or push notification) rather than on paper. Message and data rates may apply for SMS. You can withdraw this consent for non-essential communications at any time by contacting info@nowoptimal.com; however, certain communications required by law or necessary to operate your account may continue to be delivered electronically for as long as you maintain an account.

8. Acceptable Use

You agree NOT to:

• Use the Services for any unlawful purpose or in violation of any applicable laws
• Impersonate any person or entity, or falsely represent your identity or affiliation
• Interfere with or disrupt the Services, servers, or networks connected to the Services
• Attempt to gain unauthorized access to any part of the Services, other user accounts, or connected systems
• Use automated tools (bots, scrapers, spiders) to access or collect data from the Services
• Upload or transmit viruses, malware, or other harmful code
• Use the Services to harass, abuse, or threaten others
• Reverse engineer, decompile, or disassemble any part of the App or Services
• Use health data obtained through the Services for any commercial purpose, including advertising or resale

Violation of these terms may result in immediate suspension or termination of your account.

9. Intellectual Property

All content, features, functionality, software, designs, trademarks, and logos associated with the Services — including the NOW Optimal, NOW Men’s Health, NOW Primary Care, and JARVIS brands — are the exclusive property of NOW Optimal Network LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App and Services for your personal healthcare purposes, subject to these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services without our written consent.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any defects will be corrected. We do not guarantee the accuracy, completeness, or timeliness of any information provided through the Services.

THE QUALITY OF ANY HEALTHCARE SERVICES OBTAINED THROUGH OUR PLATFORM IS ULTIMATELY THE RESPONSIBILITY OF THE LICENSED HEALTHCARE PROVIDER DELIVERING CARE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOW OPTIMAL NETWORK LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

NOTHING IN THESE TERMS LIMITS LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR LIABILITY THAT CANNOT BE EXCLUDED BY LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless NOW Optimal Network LLC and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of or access to the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit or provide through the Services.

13. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, upon reasonable notice. You may terminate your account at any time by contacting us at info@nowoptimal.com.

Upon termination, your right to use the Services ceases immediately. We will retain your medical records as required by law. Sections that by their nature should survive termination (including disclaimers, limitation of liability, indemnification, and governing law) will survive.

14. Dispute Resolution & Governing Law

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of law principles.

13.2 Informal Resolution

Before filing any formal dispute, you agree to first contact us at info@nowoptimal.com to attempt to resolve the dispute informally. We will endeavor to resolve disputes within 30 days.

13.3 Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Yavapai County, Arizona, and you consent to the personal jurisdiction of such courts.

15. Apple App Store & Google Play Store Terms

15.1 Apple App Store

If you downloaded the App from the Apple App Store, you acknowledge and agree that:

• These Terms are between you and NOW Optimal Network LLC, not Apple Inc. (“Apple”).
• Apple has no obligation to furnish any maintenance or support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App (if any). Apple has no other warranty obligation with respect to the App.
• Apple is not responsible for addressing any claims relating to the App or your use of it, including product liability, consumer protection, intellectual property, or regulatory compliance.
• In the event of any third-party claim that the App infringes intellectual property rights, NOW Optimal (not Apple) is responsible for the investigation, defense, and resolution of such claim.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and you are not on any U.S. Government prohibited or restricted parties list.

15.2 Google Play Store

If you downloaded the App from the Google Play Store, you acknowledge and agree that:

• These Terms are between you and NOW Optimal Network LLC, not Google LLC (“Google”).
• Google has no obligation or liability with respect to the App or these Terms.
• You have been provided all required disclosures regarding data collection, use, and sharing as detailed in our Privacy Policy.
• You may manage app permissions and data through your Android device settings at any time.
• This App is not a medical device and does not diagnose, treat, cure, or prevent any medical condition. Consult a healthcare professional for medical advice.

16. Miscellaneous

• Entire Agreement: These Terms, along with our Privacy Policy and HIPAA Notice, constitute the entire agreement between you and NOW Optimal regarding the Services.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure: We shall not be liable for any failure or delay resulting from events beyond our reasonable control, including natural disasters, pandemics, government actions, or infrastructure failures.
• Modifications: We reserve the right to modify these Terms at any time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Continued use of the Services after changes are effective constitutes acceptance.

17. Contact Us

If you have questions about these Terms of Service, please contact us: