Legal Terms

1. ACCEPTANCE OF TERMS

By accessing, browsing, or using the Kōvn Health website, mobile application, or services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must immediately discontinue use of the Services. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION (SECTION 14) AND CLASS ACTION WAIVER (SECTION 15) THAT REQUIRE DISPUTES TO BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION RATHER THAN IN COURT AND PROHIBIT CLASS ACTION LAWSUITS.

2. CORPORATE STRUCTURE & MEDICAL SERVICES DISCLOSURE

2.1 Technology Platform Provider (IPCo) The Kōvn Health technology platform, website, mobile applications, and all non-clinical administrative services are owned and operated by Apex Health and Technology, LLC ("Apex Health" or "MSO"), a Tennessee limited liability company with principal operations in Florida and Tennessee. The MSO provides: THE MSO DOES NOT PRACTICE MEDICINE, PROVIDE MEDICAL ADVICE, OR EMPLOY PHYSICIANS. All clinical decisions are made exclusively by independent licensed healthcare providers. 2.2 Clinical Services Provider (OpCo) All medical services, clinical evaluations, diagnoses, treatment recommendations, and prescribing are provided exclusively by licensed healthcare providers affiliated with Kōvn Health, a Tennessee professional corporation (the "Medical Group" or "PC"). The PC operates independently in accordance with applicable state medical practice laws and corporate practice of medicine doctrine. Healthcare providers affiliated with the PC: 2.3 Relationship Between MSO and PC The MSO and PC operate under a Management Services Agreement ("MSA") pursuant to which the MSO provides administrative and technology services to the PC. The PC retains complete clinical autonomy and is solely responsible for all medical decisions. No provision of these Terms creates an employment, agency, or partnership relationship between you and the MSO.

• Technology infrastructure and platform development
• Marketing, branding, and patient acquisition
• Administrative support services
• Customer service and technical support
• Business operations and vendor management
• Exercise independent medical judgment in all clinical decisions
• Are licensed in the state where the patient is located at time of service
• Comply with all applicable state and federal medical practice standards
• Maintain professional liability insurance

3. ELIGIBILITY & STATE RESTRICTIONS

You represent, warrant, and covenant that: 3.1 Authorized Service States Kōvn Health currently provides services in the following states: Service availability is subject to state licensure and regulatory approval. We reserve the right to verify your physical location through IP geolocation, government-issued identification, and shipping address validation. Services are NOT available to residents of states not listed above.

• You are at least eighteen (18) years of age
• You are physically located in an authorized service state at time of use
• You have the legal capacity to enter into binding contracts
• All information you provide is truthful, accurate, current, and complete
• Florida (active clinical operations)
• Tennessee (active clinical operations)

4. DESCRIPTION OF SERVICES

Kōvn Health operates as a Comprehensive Health Management Platform providing coordinated care, clinical evaluations, ongoing monitoring, and medication management for the following therapeutic areas: 4.1 Weight Management (GLP-1 Therapy) Clinical evaluation and prescribing of GLP-1 receptor agonists (semaglutide, tirzepatide, orforglipron) for chronic weight management in eligible adults with BMI ≥27 kg/m²² with comorbidities or BMI ≥30 kg/m²². Services include: 4.2 Erectile Dysfunction Treatment Evaluation and prescribing of PDE-5 inhibitors (sildenafil, tadalafil, vardenafil) for erectile dysfunction in adult men. Services include cardiovascular risk assessment, medication selection, dosage optimization, and ongoing management. 4.3 Low Libido Management Clinical evaluation and treatment for low libido in adults, which may include prescription medications such as bupropion, flibanserin (Addyi), bremelanotide (Vyleesi), or other clinically appropriate therapies as determined by the provider. 4.4 Peptide Therapy Evaluation and prescribing of compounded peptide therapies for tissue repair, recovery, and wellness optimization. Peptide therapies are NOT FDA-approved medications and are prescribed off-label at the independent medical judgment of licensed providers. See Section 4.6 for compounding disclosures. 4.5 Compounded Medications Disclosure IMPORTANT NOTICE: For certain medications, particularly GLP-1 weight management therapies and peptide therapies, you may receive compounded medications that are NOT FDA-approved drug products. YOU UNDERSTAND AND ACKNOWLEDGE: 4.6 No Guarantee of Prescription or Outcomes CRITICAL DISCLAIMER: Completion of the intake process does NOT guarantee that a prescription will be issued. All medical decisions, including whether to prescribe, are made at the sole discretion of licensed healthcare providers based on clinical appropriateness, medical necessity, and professional judgment. No guarantee, warranty, or representation is made regarding treatment effectiveness, weight loss results, symptom improvement, or any other health outcome. Individual results vary based on genetics, adherence, lifestyle factors, and other variables beyond our control.

• Comprehensive medical intake and contraindication screening
• Provider evaluation and treatment authorization
• Prescription of FDA-approved or compounded medications (see Section 4.5)
• Ongoing monitoring, dosage titration, and side effect management
• Laboratory test coordination (baseline and periodic monitoring)
• Compounded medications are prepared by licensed 503A or 503B compounding pharmacies pursuant to FDA exemptions under the Federal Food, Drug, and Cosmetic Act
• The PC (Medical Group) determines the medical necessity of compounding based on drug shortages, patient-specific dosing needs, or other clinical factors
• Compounded medications have not undergone FDA pre-market approval and may have different safety, efficacy, and quality profiles than FDA-approved products
• Compounding is subject to FDA enforcement and regulatory changes; medication availability may change without notice
• You have the right to request FDA-approved alternatives where clinically available

5. CONSENT TO ELECTRONIC COMMUNICATIONS (TCPA COMPLIANCE)

By providing your telephone number and/or email address, you expressly consent to receive communications from Kōvn Health, Apex Health and Technology, LLC, and our authorized service providers via: You understand that: This consent satisfies the requirements of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and related regulations.

• SMS text messages (including appointment reminders, prescription status, marketing)
• Voice calls (including provider consultations, care coordination)
• Email (including intake links, educational content, promotional offers)
• Push notifications (if mobile app installed)
• Consent is not a condition of purchase or service
• Standard message and data rates may apply
• You may opt out at any time by replying STOP to SMS or clicking unsubscribe in emails
• Opting out of promotional messages does not affect clinical communications required for care

6. USER OBLIGATIONS & TRUTHFUL INFORMATION

You covenant and agree to: WARNING: Providing false, misleading, or incomplete medical information may result in inappropriate treatment, adverse health outcomes, denial of services, termination of your account, and may constitute healthcare fraud punishable under federal and state law.

• Provide accurate, truthful, current, and complete information in all intake questionnaires, medical histories, and communications with providers
• Update your information immediately if it changes (address, phone, medications, health conditions)
• Disclose all current medications, supplements, over-the-counter drugs, and recreational substances
• Follow provider instructions and treatment recommendations
• Attend required follow-up appointments and complete ordered laboratory tests
• Not share login credentials or medications with others

7. PAYMENT, SUBSCRIPTIONS, AND FINANCIAL TERMS

7.1 Service Fees You agree to pay all fees for Services as disclosed prior to purchase or enrollment. Fees may include: 7.2 What Your Subscription Fee Covers IMPORTANT CLARIFICATION: Your monthly subscription fee covers: The subscription fee is NOT solely for medication. It represents comprehensive health management services. Even if a provider determines that a prescription is not clinically appropriate in a given month, you have received the benefit of professional medical review, which is a covered service under your subscription. 7.3 Auto-Renewal SUBSCRIPTIONS AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD UNLESS CANCELLED PRIOR TO THE RENEWAL DATE. By enrolling in a subscription, you authorize Kōvn Health to charge your payment method on a recurring basis until you cancel. You will receive notice of upcoming charges via email at least 7 days prior to renewal. Failure to cancel before the renewal date will result in automatic charging for the subsequent period. 7.4 Refund Policy Initial Consultation Refund: If you are dissatisfied within 7 days of your first consultation AND have not yet received a prescription, you may request a full refund of the initial consultation fee. Subscription Refund: Monthly subscription fees are non-refundable once a provider review has been performed in that billing cycle, even if no prescription is issued. This is because you have received clinical services (provider time, medical review, care coordination). Mid-Cycle Cancellation: If you cancel mid-cycle, you retain access through the end of the paid period. No pro-rata refunds are provided except as required by applicable law. 7.5 Chargeback Waiver BY ACCEPTING THESE TERMS, YOU WAIVE YOUR RIGHT TO INITIATE A CREDIT CARD CHARGEBACK FOR SERVICES ALREADY RENDERED, INCLUDING CLINICAL REVIEWS, PROVIDER EVALUATIONS, AND CARE COORDINATION SERVICES. If you dispute a charge, you agree to contact our customer support team first and exhaust all internal dispute resolution procedures before seeking chargeback remedies. Initiating a chargeback for services already provided may result in immediate account termination and collection proceedings for the disputed amount plus administrative fees.

• Initial consultation or evaluation fee (one-time)
• Monthly subscription fee (recurring)
• Laboratory test coordination fees (as applicable)
• Medication costs (paid directly to pharmacy or included in subscription)
• Platform access and clinical portal availability
• Ongoing provider availability for reviews, consultations, and monitoring
• Care coordination and prescription management services
• Clinical decision support and treatment adjustments
• Customer support and technical assistance

14. MANDATORY BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. 14.1 Agreement to Arbitrate Except as provided in Section 14.6, YOU AND Kōvn HEALTH AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES (INCLUDING ANY ALLEGED MEDICAL MALPRACTICE, PERSONAL INJURY, PRODUCT LIABILITY, OR BREACH OF CONTRACT CLAIM) SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. 14.2 Arbitration Procedures 14.3 Arbitration Fees If the value of your claim is $75,000 or less, Kōvn Health will pay all AAA filing, administration, and arbitrator fees. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose, then the payment of fees will be governed by AAA rules. 14.4 Waiver of Jury Trial BY AGREEING TO ARBITRATION, YOU AND Kōvn HEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. 14.5 Small Claims Court Exception Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim qualifies and remains in small claims court. 14.6 30-Day Opt-Out Right YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT. To opt out, you must send written notice to Kōvn Health at [LEGAL ADDRESS] within 30 days of first accepting these Terms. The notice must include your full name, address, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, all disputes will be resolved in the courts as set forth in Section 16 (Governing Law). Opting out of arbitration does not affect any other provisions of these Terms.

• Arbitration shall be conducted by a single neutral arbitrator
• Venue: Arbitration shall take place in the county where you reside or via remote hearing
• Governing Law: Tennessee law (substantive, not choice of law rules)
• Discovery: Limited as determined by arbitrator
• Costs: Each party bears own attorney fees; filing fees per AAA rules

15. CLASS ACTION WAIVER

YOU AND Kōvn HEALTH AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. NEITHER YOU NOR Kōvn HEALTH MAY PARTICIPATE IN A CLASS-WIDE ARBITRATION, CLASS-WIDE LITIGATION, OR CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding. This class action waiver is essential to the arbitration agreement. If a court or arbitrator determines that the class action waiver is unenforceable as to any particular claim or request for relief, that claim or request (and only that claim or request) must be severed from the arbitration and may be brought in court. CRITICAL NOTICE FOR COMPOUNDED MEDICATION RECIPIENTS: This class action waiver specifically applies to claims relating to compounded GLP-1 medications, compounded peptides, or any adverse events from non-FDA-approved compounded therapies. Each patient's claim must be arbitrated individually.

16. GOVERNING LAW AND VENUE

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law principles, except: For any disputes not subject to arbitration per Section 14, the exclusive venue shall be the state and federal courts located in Davidson County, Tennessee. You irrevocably consent to personal jurisdiction in such courts.

• Where federal law preempts state law (HIPAA, ADA, TCPA, Ryan Haight Act)
• Where the law of the state where services are delivered applies to telehealth-specific regulations (Florida Statute 456.47 for Florida patients; Tennessee Code 63-1-155 for Tennessee patients)

17. CONTACT INFORMATION

For legal inquiries: Apex Health and Technology, LLC Attn: Legal Department [PHYSICAL ADDRESS - REQUIRED] Email: legal@kovnhealth.com For customer support: Email: support@kovnhealth.com Phone: [CLINIC PHONE - REQUIRED]

18. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. Material changes will be communicated via email to your registered email address and/or by posting a notice on the Services. Your continued use of the Services following notice constitutes acceptance of modified Terms. If you do not agree to modified Terms, your sole remedy is to discontinue use of the Services and cancel your subscription.

19. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

20. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, Notice of Privacy Practices, Telehealth Informed Consent, and Financial Responsibility Agreement, constitute the entire agreement between you and Kōvn Health regarding the Services..